Peru errs in sea border dispute

-Taylor Kirk




Peru’s Congress unanimously passed a law November 3rd to redraw their sea border with Chile, claiming more than 14,000 sq m of territory now held by Chile. The timing of the claim is unfortunate, as issues like the extradition of former Peruvian President Alberto Fujimori from Chile and the prosecution of a wealthy Chilean businessman in Peru have strained ties between the nations. The sudden claim might also cause some to wonder whether the timing was in fact fortunate for Peruvian politicians. With a sagging economy and low consumer confidence, the Peruvian Congress may be looking for an easy scapegoat with which to redirect the populace’s attentions.

Peru’s claim to additional maritime territory seems baseless. In 2002 foreign ministers from Ecuador, Chile, and Peru met to celebrate the 50th anniversary of the “Santiago Declaration”, which outlines the claims that Peru now disputes. In the declaration, all parties “express their satisfaction and pride” with the agreement, that stipulated “the principle of the 200 nautical miles, practised worldwide by states, as an essential part of the law of the sea”. Though no mention is made of the horizontal line between the two countries’ maritime borders, the satisfaction expressed by all parties of the success of the agreement over the previous 50 years indicates that all parties accepted the line that runs due west from the coast of the Peru/Chile border that divides the maritime territory. This is the line that Peru now disputes.

The re-affirmation of the agreement just three years ago leads one to consider political factors for the resurgence of the claim. With elections coming up in April, congressional delegates may be jockeying for easy populist support by verbally attacking a nation Peruvians have long held distrust for. Fujimori’s unexpected return to the continent shook up Peru’s political scene, and President Alejandro Toledo, who signed the law claiming the new borders, is hugely unpopular. He may be seeking even the smallest legacy for his term, as he has little to no chance of winning re-election. This is all unfortunate, because Peru’s Congress has a mountain of other priorities it should tackle before revising claims it celebrated just three years ago. (UNCLOS, COVEMAR)