Acta Presidencial de Brasilia

Country/entity
Ecuador
Peru
Region
Americas
Agreement name
Acta Presidencial de Brasilia
Date
26/10/1998
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.
Cenepa War (1995) )
Stage
Framework/substantive - comprehensive (Agreement)
Conflict nature
Territory
Peace process
35: Ecuador-Peru border dispute peace process
Parties
Ecuador, Peru

Alberto Fujimori
President of the Republic of Peru

Jamil Mahuad Witt
President of the Republic of Ecuador


But also:
Fernando de Trazegnies Granda
Minister of Foreign Affairs of Peru
Jose Ayala Lasso
Minister of Foreign Affairs of Ecuador
Third parties
Signatories/witnesses: US, Chile, Argentina, Brazil

Carlos Saul Menem
President of the Republic Argentina
Fernando Henrique Cardoso
President of the Federal Republic of Brazil
Eduardo Frei Ruiz-Tagle
President of the Republic of Chile
Thomas F. McLarty III
Personal Representative of the President of the United States of America
Fernando de Trazegnies Granda
Minister of Foreign Affairs of Peru
Jose Ayala Lasso
Minister of Foreign Affairs of Ecuador
Description
Builds on earlier agreements and establishes the series of accords and memoranda which deal with commercial arrangements such as provision of services, and joint development plans for border regions.

Agreement document
EC_PE_19981026_Presidential_Act_of_Brasilia_tr.pdf []

Agreement document (original language)
EC_PE_19981026_Acta_Presidencial_de_Brasilia.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

State definition
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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.

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
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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
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
Page 1, Art. 1:
"1. Express their conviction regarding the historic significance, for the development and well-being of the fraternal people of Ecuador and Peru, of the understandings reached between the two Governments. With these agreements the substantive discussion envisaged in the Itamaraty Peace Declaration of February 17th, 1995, culminates, and ends in a comprehensive and definitive manner the discrepancies between the two Republics so that, on the basis of their common roots, both nations are headed toward a promising future of cooperation and mutual benefit.

Page 2, Art. 4:
"4. Will expressly place on record the importance of the agreements reached for the ideals of peace, stability, and prosperity, which support the American continent. With this goal, and in line with the first article of the Protocol of Peace, Friendship and Borders of Rio de Janeiro (1942), they reaffirm their rejection of threat or use of force in relations between Peru and Ecuador, as well as of all acts that may undermine peace and friendship between the two nations.

Implementation

UN signatory
No specific mention.
Other international signatory
Representatives of the four Guarantor Countries: Argentina, Brazil, USA

Carlos Saul Menem
President of the Republic Argentina
Fernando Henrique Cardoso
President of the Federal Republic of Brazil
Eduardo Frei Ruiz-Tagle
President of the Republic of Chile
Thomas F. McLarty III
Personal Representative of the President of the United States of America

Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh