The attack occurred as diplomatic steps were being taken to settle the bilateral tension provoked when Ecuadorian and Peruvian military patrols exchanged fire on January 9 and 11, 1995, in Peruvian territory near the headwaters of the Cenepa river, in a place called "Cueva de los Tallos" by the Ecuadorian armed forces.
This area is located in the eastern slopes of the "El Condor" mountain range (the Cordillera del Condor), near an undemarcated section of the Peruvian-Ecuadorian border established by the 1942 protocol of Rio de Janeiro (more commonly known as the Rio Protocol).
In accordance with the Rio protocol, the subsequent decision issued in 1945 by Brazilian arbitrator Braz Dias de Aguiar delimiting the area of the Cordillera del Condor, and the aerial photographic survey taken between 1943 and 1946 by the U.S. Air force, the eastern slopes of the Cordillera del Condor constitute Peruvian territory. Although the demarcation process still is pending along 78 kilometers of that range, Peru and Ecuador have in fact exercised their respective territorial possessions with the "Cordillera del Condor" serving as the effective borderline between both countries.
In order to solve the tension sparked in early January, and with a process of bilateral dialogue underway, fully supported by the Rio protocol guarantor countries (Argentina, Brazil, Chile, and the United States), the government of Peru issued on January 26 an official communiqui acknowledging and welcoming the Ecuadorian government's declaration of January 24, 1995, that explicitly recognized the validity ("vigencia") of the Rio protocol and that, by resorting to the protocol's own mechanisms for settlling issues, convened the ambassadors of the guarantor countries and requested their cooperation.
Encouraged by this positive Ecuadorian attitude, Peru welcomed that request and reiterated its full willingness to culminate the demarcation process based on the Rio protocol aiming to eliminate the tensions that peRiodically disturb the peaceful coexistence of both countries.
However, two hours later, on the eve of January 26 Ecuador carried out the aforementioned helicopter attack, and the Peruvian armed forces responded by taking the measures needed to defend the country's territorial integrity and to prevent further incursions of Ecuadorian patrols in the eastern slopes of the Cordillera del Condor. Following explicit instructions from the Peruvian national defense council, the military operations are taking place solely and exclusively in Peruvian territory.
On January 30 the guarantor countries --Argentina, Brazil, Chile, and the United States-- in full compliance with their responsibilities derived from the Rio protocol, decided to meet on January 31 in the city of Rio de Janeiro, at high diplomatic level, and invited Ecuador and Peru to participate in the meeting.
The government of Peru accepted the invitation of the guarantor countries and instructed its vice-minister of foreign affairs To attend the meeting in Rio de Janeiro. The government of Ecuador also accepted the invitation.
After six days, the meeting ended when the guarantor countries signed a declaration which stated that, the parties, with the assistance of the guarantor countries, prepared a draft agreement that includes urgent measures to end the confrontations taking place, and to indicate further actions to arrive at a long-term solution of the pending issues in the undemarcated sector.
The draft contemplates, in the short term, a cease fire, the separation of forces, troop demobilization, and a demilitarization process along all the area of confrontation. Conversations between the parties to find a solution to pending questions were also foreseen. The draft agreement also stated that Ecuador and Peru would accept sending a mission of observers to the area of confrontation, to provide assistance to the parties in implementing the cease fire and its supervision.
The draft accord between the parties was submitted to the governments of Ecuador and Peru, whose representatives held permanent consultations with their capitals during the negotiations. The representative of Ecuador informed the guarantor countries on February 5 that the draft's review would still demand some time for studying. In contrast, the government of Peru accepted on February 5 the draft agreement reached to solve the conflict.
The protocol of Rio de Janeiro established the Peruvian-Ecuadorian boundary on the basis of the status quo line agreed to six years earlier, by both countries in 1936, which essentially recognized each country's effective territorial possession at the time. Therefore, the Rio protocol did not grant to Peru any territory it did not own by virtue of its historical and legal titles, nor did it represent for Ecuador the loss of any territory it ever owned or effectively possessed heretofore.
Confident that objective truth will eventually prevail, all that Peru demands is full compliance with the Rio Protocol. The fact that the treaty has been almost fully executed is not in doubt, for the joint Peruvian Ecuadorian border demarcation commission placed boundary markers along 1,600 kilometers (95%) of the borderline fixed by the protocol. Boundary markers remain to be placed along the stretch of 78 kilometers in the Cordillera del Condor. Peru wants to conclude the final demarcation as rapidly as possible. Peru cannot accept Ecuador's attempt to invalidate a pact that represents a geographical, historical, and juridical reality, executed in good faith by both countries along 95% of the boundary, with the cooperation of four american nations as guarantors, having thus committed themselves because they found the treaty a just and conclusive solution.
In 1943 technical divergences of interpretation on the exact borderline that should follow along some specific border areas arose. To settle this matter, both countries requested the arbitration of the brazilian government which appointed Captain Braz Dias de Aguiar as arbiter. The decision of that officer stated that the border should be the Cordillera del Condor, which is the divortium aquarum of the rivers Zamora and Santiago.
The Peruvian-Ecuadorian border demarcation commission continued working until 1950 placing boundary markers along a total of 1,600 kilometers (95%) of border. Ecuador unilaterally decided in 1950 to suspend the demarcation of the border, leaving 78 kilometers of "El Condor" mountain range, in the area of the divortium aquarum of the Zamora and Santiago rivers, without boundary markers.
Ecuador states that the aforementioned divortium aquarum does not exist because the Cenepa river is between the Zamora and Santiago rivers. The Peruvian position is that the divortium aquarum is located north and west of the Cenepa river, in accordance to Cap. Dias de Aguiar's decision that delimited the border in the area. Also, aerial photographs of the U.S. Air force made between 1943 and 1946 support this assertion.
There are only 78 kilometers of border to be demarcated -between the boundary markers Cunhuime Sur and November 20th. Once this area is demarcated, the source of further tension between Ecuador and Peru would disappear.
The 1981 incident in the Cordillera del Condor one of the most serious problems in the Peruvian-Ecuadorian border was the incident of the Cordillera del Condor in 1981. That year Ecuadorian troops infiltrated Peruvian territory in the eastern slopes of the Cordillera del Condor and established three military garrisons. In order to confuse the international community they named the deepest point of incursion in Peruvian territory "Paquisha", which is the name of a Ecuadorian village located on the western side of the Cordillera del Condor. Peruvian troops repelled these incursions and renamed the Ecuadorian garrison "False Paquisha" to highlight the maneuver which was designed to present Ecuador as a victim instead of as the aggressor that had violated the border.
This situation was denounced by the Peruvian delegation at the foreign ministers' meeting of the O.A.S., on February 2, 1981. This meeting concluded with a resolution that announced the cease fire in the zone of conflict, and noted that both countries had accepted the visit of the commission of representatives from the guarantor countries to safeguard the observance of the cease fire and create conditions for peace between Peru and Ecuador.
As a result of the task carried out by the commission, with the assistance of military officers from Peru and Ecuador, Ecuador decided to place its forces at three geographical coordinates, which correspond to the western slopes of the Cordillera del Condor, and Peruvian forces, as always, stayed stationed on the eastern slopes of that cordillera. Once again it was thus confirmed that the line of summits of the Cordillera del Condor constitute the border between Peru and Ecuador in that area in accordance with the 1942 protocol of Rio de Janeiro and the 1945 decision by Brazilian arbitrator Dias de Aguiar.II. The 1942 protocol of Rio de Janeiro
On January 29, 1942, the ministers of foreign affairs of Ecuador and Peru signed a treaty in Rio de Janeiro (commonly referred to as the Rio Protocol) that put an end to boundary dispute which had lasted over one hundred years since 1830. The treaty was guaranteed by four american countries --Argentina, Brazil, Chile and the United States-- and it was approved by the congresses, as well as ratified by the executive branches, of the two contracting nations. The corresponding ratifications were solemnly exchanged in Petropolis, Brazil, in March 31, 1942.What is the goal of the propaganda efforts of Ecuador?
Ecuadorian propaganda efforts seem to be inspired by the erroneous idea that if something is repeated frequently enough it is bound to be believed as true in the long run, disregarding how inaccurate, false, or absurd it may be. This reasoning on the part of Ecuador might be correct in the sense that perhaps it may be able to confuse some people into believing that the protocol of Rio de Janeiro reduced its territory and increased Peru's.The Cordillera del Condor and the Braz Dias de Aguiar arbitration decision
After the protocol of Rio de Janeiro was ratified and entered into force, the Peruvian-Ecuadorian border demarcation commission was formed on June 2, 1942. It agreed that if doubts or disagreements arose during the demarcation process, the parties would submit their technical opinions to the protocol's guarantors.