Intercambio de Notas sobre el Acuerdo de Bases respecto de la rehabilitación o reconstrucción de la bocatoma y obras conexas del Canal de Zarumilla

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Country/entity: Ecuador
Peru
Region: Americas
Agreement name: Intercambio de Notas sobre el Acuerdo de Bases respecto de la rehabilitación o reconstrucción de la bocatoma y obras conexas del Canal de Zarumilla
Date: 26 Oct 1998
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: Framework/substantive - partial
Conflict nature: Territory
Peace process: Ecuador-Peru border dispute peace process
Parties: Ecuador, Peru:
Fernando de Trazegnies Granda
Minister of Foreign Affairs of Peru

Jose Ayala Lasso
Minister of Foreign Affairs
Third parties: -
Description: The two parties agree to place the Regulation for the Administration of the Zarumilla Canal into the portfolio of agreements in the Acta Brasilia, and agree to have it enter into force simultaneously with the other agreements that make up the Acta.

Agreement document: EC_PE_981026_Exchange_of_Letters_on_the_Base_Agreement_tr.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: [Summary] This whole agreement concerns the coming into force of an agreement concerning the use and maintenance of the Zarumilla Canal.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
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: No specific mention.
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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://www4.congreso.gob.pe/comisiones/1999/exteriores/libro1/2avolum/indins.htm

Exchange of Letters on the Base Agreement with respect to the rehabilitation or reconstruction of the Zarumilla Canal’s water pipes and related operations on the Zarumilla Canal

Note RE (GAC) No.

6/50

Lima, October 26th, 1998

His Excellency Minister:

I have the honour of addressing Your Excellency, in relation to aspects related to the administration of the Zarumilla Canal, which were addressed during talks held under the ltamaraty Peace Declaration.

In this regard, my Government expresses its compliance with Peru and Ecuador’s obligations and with the joint obligations of the two countries detailed in the "Base Agreement", as well as with the provisions contained in the Regulation for the Administration of the Zarumilla Canal and the Use of its Waters" approved during talks on the 5th of March and 8th of April of the current year, respectively.

As agreed in the "Base Agreement", management of the "Zarumilla River Basin" should be included in the list of projects of the Binational Development Plan for the Border Region, in line with the results of the preliminary studies that are envisaged.

The present, and the letter that with the same tenor Your Excellency will please respond with, will constitute an Agreement between our two countries, of which the two aforementioned documents will form an integral and inseparable part.

These two texts are annexed to this letter.

The present Agreement will enter into force simultaneously with those others that are signed on the same date and are part of the global and definitive solution referred to in the Implementation of the Brasilia Declaration Timetable, agreed by the Parties on the 19th of January, 1998, and under the conditions set out in it.

I take this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration.

Fernando de Trazegnies Granda

Minister of Foreign Affairs of Peru

To His Excellency Mr Doctor

Jose Ayala Lasso

Minister of Foreign Affairs of Ecuador

Quito.-

No. 20641-68/98gm

Quito, October 26th, 1998

His Excellency Minister:

In this regard, my Government expresses its conformity with the Peru and Ecuador’s obligations and with the joint obligations of the two countries detailed in the "Base Agreement", as well as with the provisions contained in the Regulation for the Administration of the Zarumilla Canal and the Use of its Waters" approved during talks on the 5th of March and 8th of April of the current year, respectively.

These two texts are annexed to this letter.

I take this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration.

Jose Ayala Lasso

Minister of Foreign Affairs

To His Excellency Mr Doctor

Fernando de Trazegnies,

Minister of Foreign Affairs of Peru.

Lima -