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 -------------- ¶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