US embassy cable - 05QUITO2573

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, Regional 
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