ECUADOR AND THE PROTOCAL OF RIO DE JANEIRO

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08C01297R000700120018-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 22, 2016
• Document Release Date: September 26, 2012
• Sequence Number: 18
• Publication Date: December 17, 1963
• Content Type: MISC

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ARMY MAP SERVICE
? TRANSLATION ?
MEMORIAL DEL EJE RCI TO DE CHILE
Ecuador y el Protocolo de Rio de Janeiro
Lieut. Col. Francisco Gorigoit,ia Herrera
General Staff of tl-e (Chilean) Army Santiago, Chile
1962
pp. 79-90
MEMOIRS OF
Ecuador and the
Lieut. Col. Francisco
General Staff of the (Chilean)
PP.
LIBRARY
DEPARTMENT
ARMY
WASHINGTON
KR. B. LYON November
THE CHIIEAN ARMY
Protocol of Rio de Janeiro
Gorigoi tia He =era
Army Santiago, Chile
1962
79 - 90
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Prepared by
DIVISION
OF TECHNICAL SERVICES
MAP SERVICE
25, D. C.
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P.
Memorial del Ejercito de Chile
Revista Bimestral
Memoirsof the Chilean Army
Bimonthly Review
56th Year July-Sept. 1962 No. .309
Ecuador Tel Protocol? de Rio de Janeiro
Ecuador and the Protocol of Rio de Janeiro
By Lieut. Col. Francisco Gorigoitia Herrera
1. - Introduction
In order to discuss the Protocol of Rio de Janeiro it is necessary to
hark back to the time of the colony.
The Republic of Ecuador how has a continental area of 260.205 sq. km.
Adding to this the 7.884 sq. km of the archipelago of Galapagos the total
amounts to 268.049 sq. km.
And yet, when Ecuador was (called) Real Audiendia de Quito (Royal
High Court of Justice of Quito) it had an area four times as great. It
then reached a total of more than 1,000,000 sq. km.
The origin of the present states on the American continent with
their corresponding territorial limits, is to be found in the colonial
organizations and creations, which, in their geographic make-up and their
history, accord with those of the Europeans in their centuries of rule.
In law, this normal origin of the states on the American continent
is known under the name of "uti possidetis" ("Lo que poseeis, continuad
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Ecuador and the Protocol of Rio de Janeiro 2
p.79
poseyendo") (what you possess, you continue possessing).
The origin of the state of Ecuador is found, therefore, in what was
the ancient Kingdom of Quito, chief aboriginal nucleus of these regions,
and in the' Real Audiencia de Quito,' created by the Spaniards as a base
of that chief social nucleus and possessing peculiarities, geographically
and historically, which have existed from the most remote antiquity.
II.- Territorial boundaries up to the Protocol of Rio de Janeiro
A.- Decree . of 1565.
The' Real Audiencia de Quitotwas created by Royal decree sent by
Philip II, King of Spain, under date of 29 August, 1563, fixing the foll-
owing boundary:
(p. 81) On the north (4? Lat. N.): Puerto de Buenaventura - Paste
- Popayan - Cali - Buga - Chapanchica - Guarchicona.
On the south (70 Lat. S.): Paita (excluding it) - Piura -
- Cajamarca - Chachapoyas - Moyobamba - Motilones (excluding it).
Onthe east: Provinces not yet pacified nor discovered. (Zone of
Canela and Quijos).
On the west: 'Southern Sea' (Pacific Ocean).
As will be seen, the boundaries of the 'Real Audiencia de Quito'
were completely determined from the day of its creation and it must be taken
into account that on the east a potential boundary was indicated, that is to
say, it could be drawn to extend indefinitely to make contact with the Portu-
guese possessions. It must be pointed out that this potential limit was as-
signed solely to the Audiencia de Quito and was lacking in the case of the
'Audiencia de Santa Fe' and those of Lima and Charcas.
The 'Real Audiencia de Quito' would depend, according to this de-
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p.81
cree, upon the Viceroy of Peru.
The Maranon or Amazon River with its most important tributaries
was entirely within the boundaries of the 'Real Audiencia de Quito;'
and it could scarcely be otherwise, since originally the river was
called 'rio de Orellana' or 'rio de San Francisco de Quito.'
The words 'provinces not yet pacified nor discovered; which
grant to the 'Audiencia de Quito' ill-defined boundaries in the east,
stimulated the eager explorer and colonizer. The Jesuit missionaries
were the best civilizers of the savage tribes and established villages
in the forest and even arrived close to the Portuguese possessions.
B.- Decree of 1717.
41401F/7,,,?
Ecuador and the Protocol of Rio de Janeiro 3
By the royal decree of 26 May, 1717, the Viceroyalty of New Gran-
ada was established and the 'Audiencia de Quito' was suppressed. and its
territory became part of the jurisdiction of the Viceroy of New Gran-
ada.
C.- Decree of 1722.
The Viceroyalty of New Granada was suppressed and the 'Audencia
de Quito' came back to form part of the Viceroyalty of Peru.
D.- Decree of 1739.
The Viceroyalty of New Granada was reestablished with the same
territories which had been assigned to it in the decree of 1717 creat-
ing it together with that which had recently passed to the control of
the 'Real Audiencia de Quito.'
p. 82
E.- Decree of 1740.
By this decree the boundaries between the viceroyalties were as
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p. 82
follows: Beginning at Tumbes, thence via the Andes Mountains, via the
jurisdiction of Paita and Piura to the Maranon at South Latitude 6? 30'
and the land therein, leaving to Peru the jurisdiction of Piura, Caja-
marca, Mbyobamba and Motilones; and via the mountains of Jeveros, cross-
ing the Ucayali River at 6? of latitude South, to reach the Yavari or
Jauri River, at the confluence of the Carpi; (following) the waters of
this river to the Amazon and down this river to the westernmost mouth
of the Caqueta or Yapura, where the boundary of Brazil begins.
This Royal Edict, in giving more precise boundaries to the Audiencia
lopped off about 200,000 sq. km of territory from it, including a large
part of the territories where missionary work had been done by the Jesu-
its, in Ucayalo and Huallaga.
F.- Decree of 1802.
This edict provided for cutting off from the Viceroyalty of Nueva
general
Granada or Santa Fe, the governing and/command of Maynas, with the vil-
lages of the government of Quijos, which were added to the Viceroyalty of
Lima. Or else it was an ecclesiastical and military cutting off and not
a territorial separation; therefore these territories continued to be
dependent upon the Audiencia de Quito, since no demarcation of bounda-
ries appears, such as was made in the other decrees.
Ias this decree which gave rise to difficulties with Peru,
which considered that the separation was territorial.
G.- The Period of Independence.
The 29 May, 1822, date when Ecuador joined Greater Colombia,
brought its territory to its own, definite limits, territory which had
been fixed in the decrees of 1563, 1739 and 1740 according to the
r'uti possidetis jtIris" of 1810.
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Ecuador and the Protocol of Rio de Janeiro 5
p. 82
By the Republic of Colombia law for division of territory of
25 June 1824, Ecuador lost Buenaventura, Pasto, Cali, Buga, Popayan,
Chapanchica and Guarchicona, which had belonged to the Presidency of
Quito for about 300 years. These territories passed to Colombia.
The Peru-Gran Colombia War occurred in 1828. The Peruvians under
command of General Lamar were put to flight by Marshal Antonion Jose
de Sucre in the battle of Tarqui the 27 of February, 1829. As boundar-
ies the same limits were indicated as held before the ancient viceroy-
alties of New Gr'andda and Peru. The right of Ecuador to Jaen y Maynas
was fully confirmed. In the protocol of Pedemonte-Mosquera, sub-
scribed to in 1830 a line was fixed: TuMbez - Macara - Muancabamba -
Maranon with the purpose of givii)he two countries a natural boundayy.
H.- Period of the Republic
Upon the separation of Ecuador from Gran Colombia, in 1830, the
territory of Ecuador was recognized py the treaty of Guayaquil of 1829
and by its Protocol of Execution at Pedemonte-Mosquera.
On the 12 July 1832 the treaty of Pando-Noboa was signed; it re-
existing
cognized and respected the/boundaries .
During more than 100 years from that time, a long diplomatic bat-
tle was joined between Ecuador and Peru over boundaries and also sev-
eral military encounters in the East, such as the one at Angoteros
(Rio Napo) in 1903 and at Torres Causana (Rio Aguarico) in 1904; and
a coastal invasion in force in 1859.
On 2 May 1890 the Herrera-Garcia treaty was signed in which an ef-
fort was made to solve the boundary problem by means of a direct settle-
ment. The Peruvian Congress did not approve the plan and there predom-
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Ecuador and the Protocol of Rio de Janeiro 6
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mated in the Congress a completely negative attitude on letting
Ecuador have any free access to the Amazon whatever, as by the Pas-
taza, Morona and Santiago Rivers, as determined in the treaty.
With the Herrera-Garcia treaty broken, mediation by the King of
Spain was resorted to. This, too, broke down in 1910 (Espinoza -
Bonifaz Convention).
On the 15 of July 1916 the Munoz Veruaza -Suarez treaty was signed
between Ecuador and Colombia. By it Ecuador lost her land contacts
with Brazil, and Colombia was able to negotiate directly with Peru on
a route to the Amazon.
The 21 June 1924 the Protocol Ponce-Castro Oyanguren was signed
between Peru and Ecuador establishing direct negotiation and mediation.
The mediator was the President of the U.S.A. The negotiations broke
down with the withdrawal of the Peruvian delegation from Washington in
August 1938.
III. The Protocol of Rio de Janeiro
A.- Peruvian Invasion in 1941.
On the 23 July 1941 Peru invaded the Ecuadorian provinces of El
Oro, Loja and Oriente with a heavily-armed force, routing the meager
forces on the frontier of Ecuador. By the first of August they had
P. 04
occupied the villages of Arenillas, Santa Rosa, Puerto Bolivar and
Machala and all of the military garrisons of the Eastern zone (Selva).
Hostilities were suspended through the intervention of friendly
countries: the U.S.A., Argentina, Chile and Brazil.
B.- The Protocol of Rio de Janeiro (29-1-1942)
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Ecuador and the Protocol of Rio de Janeiro
p. 814
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"Protocol of Peace, Friendship and Boundaries between Ecuador and
Peru."
The Governments of Ecuador and Peru, desiring to provide a solu-
tion to the question of boundaries, which has been separating them for
a long tine and giving consideration to the offer of the Governments
of the United States of America, of the Republic of Argentin*, and of
friendly
the United States of Brazil and of Chile, of their/services to obtain
a prompt and honorable solution of the problem, and moved by the Amer-
ican spirit which prevails in the Third Consultative Assembly of Min-
isters of Foreign Relations of the American Republics, have resolved
to proclaim a protocol of peace, friendship and boundaries in the
presence of the representatives of these four friendly governments.
71, this end the following plenipotentiaries take part:.
For the Republic of Ecuador, Dr. Julio Tobar Donoso, Ministar
of Foreign Relations; and for the Republic of Peru, Dr. Alfredo Solf
y Muro, Minister of Pbreign Relations, both of whom, after showing
their respective credentials in good and true form, subscribe their
names to the following Protocol:
Article I.
The Governments of Ecuador and Peru solemnly declare their firm
resolve to maintain relations of peace and friendship between tho two
peoples and also relations of understanding and good will, and to
abstain in all respects from whatever act might be capable of disturb-
ing these relations.
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Ecuador and the Protocol of Rio de Janeiro
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Article II.
The Government of Peru will retire, within the period of
fifteen days from date, its military forces from the line described
in Article VIII of this Protocol.
T' Article III
The United States of America, Argentina, Brazil and Chile will
cooperate by means of military observers, for the purpose of adapt-
ing to the circumstances the. removing and withdrawing of troops
mentioned in the preceding article.
Article IV.
The military forces of the two countries will remain in their new
positions until the definitive demarcation of the frontier line.
Until then, Ecuador will have sole jurisdiction in civil matters
in the zones which Peru will withdraw from, in order that the: zone
demilitarized under the Acta de Talara may remain in the same con-
ditions.
Article V.
The measures to be taken by the United States, Argentina,
Brazil and Chile will continue until the definitive demarcation of
the frontiers between Ecuador and Peru has been made, thus keeping
this Protocol and its execution under the guaranty of the Four
Powers mentioned at the beginning of this Article.
Article VI.
For navigation on the Amazon and its northern tributaries,
Ecuador will enjoy the same concessions which Brazil and Colombia
enjoy and in addition those which were agreed upon in a Treat/of
of Commerce and Navigation intended to facilitate free and open
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Ecuador and the Protocol of Rio de Janeiro
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p. 86
navigation in the rivers referred to.
Article VIII. (Article VII. See below)
The (new) frontier will be anchored at the following points:
A) In the West:
1. Mouth of the Capones in the ocean
2. Zarumilla River and Balsamal or Lajas Ravine
3. Puyango or Tumbez River, up to the Cazaderos ravine
L. Cazaderos
5. Ravine of Pilares and of the Alamor to the Chira River
6. Chira River, upper reaches
7. Macara, Calvas and Espindola Rivers, upper reaches, to the
head (source) of the last-named to the junction of Saba -
nillas
8. Junction of Sabanillas to the Canchis River
9. Canchis River along whole course of its upper reaches
10. Lower reaches of the Chinchipe River to the point where it
receives the San Francisco River.
Article VII.
Whatever doubt or understanding arises concerning the execution
of this Protocol is to be resolved by the Parties concerned
with the concurrence of the representatives of the United
States, Argentina, Brazil and Chile with the briefest possible
delay.
,
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Ecuador and the Protocol of Rio de Janeiro 10
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Article IX.
It is understood that the boundary line described above will be
accepted by Ecuador and Peru through the fixing, by technicians, of
the frontier,on the ground, between the two countries. The parties
will, however, be able,in the course of tracing the (demardation
line) on the ground, to agree on reciprocal concessions which they
consider suitable in order to adjust the line to geographic reali-
ties. These corrections will be 'carried out with the cooperation of
the representatives of the United. States of America, the Republic of
Argentina, Brazil and Chile.
The Governments of Ecuador and Peru will submit the present Pro-
tocol to their respective Congresses with the obligation of obtaining
their ratification with no more than 30 days' delay.
In witness whereof, the Plenipotentiaries above mentioned sign
and seal this Protocol in two copies in Spanish in the city of Rio de
Janeiro at one o'clock of the 29th of January 1942, under the auspices
of His Excellency the President of Brazil in the presence of the Hon.
Ministers of Foreign Relations of the Republic of Argentina, Brazil
and Chile and the ,Under Secretary of State of the United States of
America. (Signed): J. Tober Donoso - Alfredo Solf y Muro -
E. Ruiz Guinazu - Oswaldo Aranha - Juan B. Rossetti - Sumner Welles.
C.- Conclusions:
The Protocol of Rio de Janeiro has been the mainspring for per-
manent diplomatic tension between Ecuador and Peru, because of the
fact that the Mixed Commissions of Demarcation has been unable to
remove it, as a result of difficulties which have arisen in two sec-
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Ecuador and the Protocol of Rio de Janeiro 11
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tors:
a) Sector of the Lagartococha River (in the N.E. of Ecuador),
in the upper reaches, arising apparently from the two prinkipal ra-
vines, one of them in the west and deeply imbedded in Ecuadorian ter-
ritory, and the other, in the north, likewise called Quebrada de Zan-
cudo or dif Lagartococha, thus coming near to Ouepi.
The Peruvian side then asserted that the sources of the Lagar-
tococha, in accord with the demarcation, ought to extend via the
western ravine, or Yurac-Yacu, and not via the ravine of Zancudo of
the north.
The truth was that there was an area of about 80 sq. km between
the two ravines, area which the Peruvian side came to convert, with ite
interpretation, into an area to be discussed.
The Protocol of Rio de Janeiro had of course provided, in Article
VIII, that doubts about carrying it out would be resolved with the
concurrence of the mediating nations.
In accord with a suggestion from Brazil, a technician was named, 4
Captain in theTnavy, Diaz de Aguiar, a Brazilian, in 1945. He passed
judgment that it was the ravine in the north or that of Zanzudo, which
should be recognized as boundary, and not the western one, as Peru
claimed. With this decision Ecuador lost some 200 sq. km.
In the year 1947 Peru obtained the deni8l:m-0f, the $ow Cep-
tai revising the original decision, alleging better acquaintance
with the terrain. Ecuador did not accept this inconsistency and the
Foblenrcontinues to hang fire today. By accepting it, Ecuador would
lose 80 sq. km more.
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Ecuador and the Protocol of Rio de Janeiro 12
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b) The other controversial point arose over a supposed watershed
between the Zamora and Santiago Rivers, (in the S.E. of Ecuador).
P. 90
Thanks to a better knowledge of the region, it was discovered that
such dry
properly speaking no/watershed existed, the territory between the. two
rivers was instead another hydrographic system, the Cenepa River with
its tributaries, which had not been known earlier in all its extent
and importance.
This Cenepa River, some 190 km in length, has its source in the
Ecuadorian mountains of the Condor, and empties into the Maranon.
In the face of this geographic reality, the placing of the mile-
stones indicated in the Protocol of Rio de Janeiro for this section
had to be held in suspense. The Government of Ecuador insisted, there-
upon, that a new adjustment was an unavoidable necessity, and invoked
for that purpose the meeting provided among the participating countries.
Up to the present Peru has not yet come to such an adjustment and
considers that the watershed between the Zamora and the Santiago
does exist, although above the source of the Cenepa.
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