Declaracion de Itamaraty

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Country/entity: Ecuador
Peru
Region: Americas
Agreement name: Declaracion de Itamaraty
Date: 17 Feb 1995
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Cenepa War (1995)
This brief conflict was fought between Peru and Ecuador in 1995, over the control of the Canepa valley on Peruvian territory. There had been earlier military confrontations over this area between the two nations, one in 1941 (the Ecuadorian-Peruvian War), resulting in a border treaty later disagreed with by Ecuador, and another brief confrontation in 1981. The war was initiated by Ecuadorian outposts at the Cenepa River that were discovered by a Peruvian patrol. Peru claimed that the existence of these outposts constituted a violation of Peruvian territory and gave Ecuador an ultimatum to withdraw its patrols or they would be dislodged by force. The deadline passed and Peruvian troops were deployed to the area to remove the Ecuadorian posts, followed by a general mobilization by both sides. Heavy air and ground attack were carried out from the end of January until 28 February when a bilateral ceasefire agreement was signed.
In March 1995, the Military Observer Mission to Ecuador and Peru came to Canepa, which was later turned into a demilitarized zone, to supervise the separation of forces. Furthermore, both governments negotiated the final demarcation of the border, resulting in the Rio Protocol, signed 26 October 1998.
Stage: Ceasefire/related
Conflict nature: Territory
Peace process: Ecuador-Peru border dispute peace process
Parties: Ecuador, Peru
Third parties: Signatories/witnesses: US, Chile, Argentina, Brazil
Description: The Declaration of Itamaraty of 17 February 1995 consolidated the ceasefire agreement that ended sustained combat between Ecuador and Peru. The Declaration, by which the two parties accepted an observation mission from the guarantor countries (Argentina, Brazil, Chile and the United States), called for the total demilitarization of the disputed area. The two parties committed to start negotiations to resolve the border dispute peacefully

Agreement document: EC_PE_950217_Itamaraty_Peace_Declaration_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): EC_PE_950217_Declaracion Itamaraty.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
The whole agreement provides for a ceasefire and its modalities.
[Note: the agreement is meant to consolidate an existing ceasefire agreement and provide the terms under which observers will enter the disputed area, and the provisions for withdrawal, demilitarization, demobilization. The agreement is permanent, as it has no expiration date.]
[Summary: as part of this agreement, the guarantor countries are to send observers into the disputed area, a process that Ecuador and Peru are to support; both countries' troops are to separate and withdraw; the observers are to suggest that the contested area be demilitarized; demobilization to begin in bordering areas; countries to being a process to find a lasting solution to the conflict.]
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 1, Art. 2:
2. To immediately and simultaneously separate troops belonging to the two countries involved in the confrontations, in order to undermine any risk of hostilities resuming, prioritising troops that are in direct contact. Accordingly, the Ecuadorian forces will gather in Coangos (03o 29' 40.9'' S / 78o 13' 49.67'' W) and the Peruvian forces in PV1 - Guard Post 1 (03o 32' 00'' S/ 78o 17' 49'' W), ensuring that they do not make any military movements in the conflict zone. Given the importance of this commitment, the parties will ensure that the mission of observers finds the conditions to verify its implementation. The separation of the troops will be performed under supervision of the Guarantor Countries. The mission of observers will install operations centres in the areas where there is thought to be the most amount of tension, such as in Tiwintza and the southern base.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Additional signatories from the Guarantor Countries:

Argentine Republic: Juan Jose Uranga

Federal Brazilian Republic: Sebastiao Do Rego Barros

Chilean Republic: Fabio Vio Ugarte

United States of America: Melvyn Levitsky
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Art. 1:
The two parties agree

1. To accept the Guarantor Countries’ offer of sending of a mission of observers, in order to ensure the strict implementation of the commitments referred to in paragraphs 2, 3 and 5 of this agreement. The parties request that the mission’s period is initially of 90 days, and may be extended, if necessary, in which case the parties and the guarantor countries will make the relevant and timely arrangements.
The Guarantor Countries’ mission of observers will begin its work upon suspension of military operations. The parties undertake to provide the necessary support and facilities to the mission of observers so it may exercise its functions, and to ensure the physical integrity of its members, which in due time will be the subject of a “definition of procedures" between the parties and the guarantor countries. The parties also undertake to designate immediately the military authorities which will liaison with the mission of observers.
Enforcement mechanism: the two parties accepted an observation mission from the guarantor countries (Argentina, Brazil, Chile and the United States),
Related cases: No specific mention.
Source: http://www4.congreso.gob.pe/comisiones/1999/exteriores/libro1/2avolum/indins.htm

Itamaraty Peace Declaration between Ecuador and Peru

At the high-level meeting between the guarantor countries of the Rio de Janeiro protocol, the Deputy Ministers of Ecuador and Peru, Ambassador Marcelo Fernandez de Cordoba, and Ambassador Eduardo Ponce Vivanco, in representation of their Governments, confirm the end of hostilities between Ecuador and Peru, in line with the official statements disclosed by the two Governments, starting from 12 (twelve) o’clock - Quito and Lima time - on February 14th.

To consolidate the cease- fire agreement, and to prevent further confrontations that affect peaceful relations, friendship, and good neighbourliness between Peru and Ecuador,

The two parties agree

To accept the Guarantor Countries’ offer of sending of a mission of observers, in order to ensure the strict implementation of the commitments referred to in paragraphs 2, 3 and 5 of this agreement.

The parties request that the mission’s period is initially of 90 days, and may be extended, if necessary, in which case the parties and the guarantor countries will make the relevant and timely arrangements.

The Guarantor Countries’ mission of observers will begin its work upon suspension of military operations.

The parties undertake to provide the necessary support and facilities to the mission of observers so it may exercise its functions, and to ensure the physical integrity of its members, which in due time will be the subject of a “definition of procedures" between the parties and the guarantor countries.

The parties also undertake to designate immediately the military authorities which will liaise with the mission of observers.

To immediately and simultaneously separate troops belonging to the two countries involved in the confrontations, in order to undermine any risk of hostilities resuming, prioritising troops that are in direct contact.

Accordingly, the Ecuadorian forces will gather in Coangos (03° 29' 40.9'' S / 78o 13' 49.67'' W) and the Peruvian forces in PV1 - Guard Post 1 (03° 32' 00'' S/ 78o 17' 49'' W), ensuring that they do not make any military movements in the conflict zone.

Given the importance of this commitment, the parties will ensure that the mission of observers finds the conditions to verify its implementation.

The separation of the troops will be performed under supervision of the Guarantor Countries.

The mission of observers will install operations centres in the areas where there is thought to be the most amount of tension, such as in Tiwintza and the southern base.

To request that the Guarantor Countries’ mission of observers, in line with accomplishing that established in the previous point, recommend to the governments of Ecuador and Peru an area to be totally demilitarized, which will be determined taking due account of the safety of the neighbouring areas of both countries.

To record that the geographical references made in ( 2 ) will have effect only in applying the above process of demilitarization and separation of forces.

To initiate immediately, as a confidence-building measure, in bordering areas not directly involved in the fighting, and under the supervision of the Guarantor Countries, a gradual and reciprocal demobilization, with units deployed in military operations returning to their garrisons and bases.

To begin liaisons - in line with paragraph 4 of the communication addressed to the governments of Ecuador and Peru by the Guarantor Countries of the Rio de Janeiro Protocol on 27 January 1995 - with the aim of finding a solution to the lasting impact, as soon as the previous points have been achieved and a friendly and relaxed climate is re-established between the two countries.

In witness whereof, this declaration is signed by representatives of Ecuador and Peru, in two Spanish copies, in the city of Brasilia, On February the 17th, 1995, in the presence of representatives of Argentina, Brazil, Chile, and the United States of America, i.e. the Guarantor Countries of the Rio de Janeiro Protocol.

From the Itamaraty Palace, February 17th, 1995, Brasilia.

By the Ecuadorian Republic:

Marcelo Fernandez de Cordoba

By the Peruvian Republic:

Eduardo Ponce Vivanco

By the Guarantor Countries

Argentine Republic:

Juan Jose Uranga

Federal Brazilian Republic:

Sebastiao Do Rego Barros

Chilean Republic:

Fabio Vio Ugarte

United States of America:

Melvyn Levitsky