GOE STUDIES PERU MARITIME CLAIMS

C O N F I D E N T I A L QUITO 002573

SIPDIS

E.O. 12958: DECL: TEN YEARS
TAGS: PREL MARR PGOV EC
SUBJECT: GOE STUDIES PERU MARITIME CLAIMS

REF: A. LIMA 4733


B. SANTIAGO 2266

Classified By: PolOff Jarahn Hillsman for reason 1.4 (b&d)


1. (C) Summary: The Peruvian Congress' recent passage of
maritime border legislation affecting Chile (Ref A) has
sparked intense review by the GOE of the issue. Thus far,
the GOE's official response has been cautious and measured,
maintaining that the Peruvian measure does not affect the
Ecuador-Peru maritime border, which has long been resolved by
treaty. On November 9, President Palacio called a meeting of
the national security council to discuss the issue, and FM
Carrion appeared in Congress to explain it to legislators.
Congress will likely act with a declaration of its own, but
MFA sources are hopeful the new interest could spur
congressional action on Law of the Sea. Ratification has the
potential to advance USG interests, by scaling back Ecuador's
excessive territorial sea and airspace claims. End Summary.



2. (SBU) FM Alejandro Carrion met with Congress'
international affairs committee on November 9 to explain how
Peru's recent action on the Peru-Chile maritime border might
affect Ecuador's maritime border with Peru. Later, Carrion
publicly declared that the GOE is not neutral on the issue,
and would vigorously defend against any potential claims
against its sovereign territory. The GOE is studying the
issue closely. Congressional sources tell us Carrion agreed
to form a joint investigative committee with Congress to
study the issue further. FM Carrion also urged Congress to
take up consideration of the 1982 Law of the Sea Treaty, to
fortify Ecuador's claim to the current maritime border.


3. (SBU) Meanwhile, President Palacio met privately the same
day with the national security council (COSENA) on the same
issue. No public statements were issued afterward.
President of Congress Wilfredo Lucero told PolChief on
November 10 that he expected Congress to act on a declaration
on the issue within days.


4. (SBU) Ecuador believes that the Peru-Ecuador maritime
border is resolved along the parallel at 03 degrees 23'33.06
S latitude (as acknowledged in the Peruvian legislation) by
tripartite (Chile/Peru/Ecuador) treaty in 1952 and 1954 and
reaffirmed in the 1998 peace accords with Peru. MFA U/S
Stacey told us on November 1 that the 1994 demarcation of the
1992 Rio treaty between Ecuador and Peru (of which we are
guarantor, with Chile, Brazil, and Argentina) settled the
maritime border along the parallel. According to the
Peruvian Foreign Ministry, the 1952 Santiago declaration
(marking the maritime border as the parallel) applied only to
Ecuador, not to Chile. Thus nothing the Peruvian congress
does would affect Ecuador's understanding of where the
maritime border lies.


5. (SBU) Officials in the MFA's Sovereignty Subsecretariat
told PolOff on November 9 that the maritime issue could help
spur congressional ratification of the 1982 Law of the Sea
Convention. The GOE believes that ratification would firmly
set Ecuador's maritime borders with its neighbor, sending any
dispute to the international tribunal. Asked if ratification
of the Law of the Sea would replace Ecuador's 200 nautical
mile territorial sea and airspace claims, which we dispute,
with the standard 200 mile exclusive economic zone, MFA
sovereignty officer Patricio Troya implied that it could.

Comment
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6. (C) GOE reaction has been relatively reserved and
measured under Carrion's leadership, and his proposed joint
study could help keep Congress from acting precipitously.
The Chileans clearly see an opportunity to enlist GOE support
in their dispute with Peru (Ref B). According to the Chilean
Ambassador, the Chilean FM will visit Ecuador this month,
followed by a long-scheduled visit from President Lagos in
December. Our Peruvian colleagues, meanwhile, are assuring
the GOE that their Congress' had no effect on the established
maritime border with Ecuador. Given the history of conflict
between Ecuador and Peru, we will follow the issue closely to
prevent miscalculations.
JEWELL