The Colombian–Peruvian territorial dispute was a territorial dispute between Colombia and Peru, which, until 1916, also included Ecuador.Ecuador and Colombia signed the Muñoz Vernaza-Suárez Treaty in 1916, ending their dispute. The dispute had its origins on each country's interpretation of what Real Cedulas Spain used to precisely define its possessions in the Americas. After independence, all of Spain's former territories signed and agreed to proclaim their limits in the basis of the principle of uti possidetis juris, which regarded the Spanish borders of 1810 as the borders of the new republics. However, conflicting claims and disagreements between the newly formed countries eventually escalated to the point of armed conflicts on several occasions.
The dispute between both states ended in the aftermath of the Colombia–Peru War, which led to the signing of the Rio Protocol two years later, finally establishing a border agreed upon by both parties to the conflict.
Since 2024, a new conflict has focused on Santa Rosa, an island near Tres Fronteras that separated from Chinería Island through a natural process of fluvial fragmentation in the 1970s.
Background
At the beginning of the 18th century, the Spanish Empire's possessions in the Americas were initially divided into two viceroyalties: the Viceroyalty of New Spain and the Viceroyalty of Peru. From these viceroyalties, new divisions would be later established to better administer the large territories in Central America, South America and the Caribbean.
On May 27, 1717, the Viceroyalty of New Granada was established on the basis of the New Kingdom of Granada, the Captaincy General of Venezuela and the Royal Audience of Quito. It would be temporarily dissolved on November 5, 1723, and its territories reincorporated into the Viceroyalty of Peru, but in 1739 it was re-established again and definitively, with the same territories and rights that it had according to the Royal Decree of 1717.
A series of royal decrees followed in the following century until 1819.Porras Barrenechea, 1926: 13–14 The decree of 1802 would later serve as the basis of the conflict between Ecuador and Peru, with its existence being disputed by the former. The decree of 1740 has also been called into question by the latter, with some historians also questioning its existence.
After the wars of independence, the new republics in South America agreed to proclaim their limits in the basis of the principle of uti possidetis juris, which regarded the Spanish borders of 1810 as the borders of the new states.
Conflict (1821–1934) Wars of Independence
The formal independence of Guayaquil was declared on October 9, 1820, establishing the Free Province of Guayaquil and beginning the proclaimed state's independence campaign.Castell, 1981, Vol. 3: 1055 Public opinion was divided into three: one part supported annexation to the Protectorate of Peru, another annexation to the Republic of Colombia, and another supported independence.Tauro del Pino 2001, Vol. 7, p. 1115.
Around the same time, a newly independent Republic of Colombia established three provinces in October 1821: the northern, central, and southern provinces. The latter nominally included the Jaén de Bracamoros Province. The province, however, had declared itself part of the Presidency of Trujillo on June 4, alongside Tumbes on January 7 and Maynas on August 19.Belaúnde 1997, p. 2–10. With the entry of San Martín's troops into Lima on June 9, the Peruvian proclamation of independence took place on July 28 of the same year, and Trujillo, Tumbes, Jaén and Maynas being integrated into the new state.Vargas Ugarte 1981, Vol. 7, p. 172-173.Gaceta del Gobierno del Perú Independiente, 28 July 1821.
On July 22, 1822, Antonio José de Sucre ordered Jaén to swear to the Colombian constitution and thus, to form part of Colombia. The city rejected the mandate, arguing that it had deputies in the Peruvian Congress. Simón Bolívar himself made Sucre desist from his plans for the same reasons.Porras Barrenechea, p. 23.
Gran Colombia–Peru conflict
The Guayaquil issue was approached with care by both countries, who signed a treaty on July 6, 1822, allowing special privileges to citizens of both states.Porras Barrenechea, p. 24-25. The issue, yet to be resolved, was postponed.Gran Historia del Perú (2000), p. 251.
On September 1, 1823, Simón Bolívar arrived in Callao, aboard the brig Chimborazo, invited by the Peruvian Congress to "consolidate the independence" of Peru. On December 18 of the same year, the Galdeano-Mosquera Agreement was signed in Lima, which established that "Both parties recognize the limits of their respective territories, the same ones that the former Viceroyalties of Peru and Nueva Grenada." It was approved by the Peruvian Congress, but months later the Colombian Congress disregarded the agreement.Gran Historia del Perú (2000), p. 252.
On December 9, 1824, the Battle of Ayacucho took place, ending the war in Peru. After the fact, protests against Bolívar, who remained Dictator of Peru, took place. During his government, the territorial question was not brought up, and governors in Jaén and Maynas were appointed, apparently recognizing Peru's ownership of the territories.Porras Barrenechea, p. 25.Belaúnde (1997), p. 109.Basadre (2005), Vol. 2, p. 13 In correspondence with Francisco de Paula Santander on August 3, 1822, Bolívar recognized that both Jaén and Maynas legitimately belonged to Peru.Gran Historia del Perú (2000), p. 252-253.
With Bolívar withdrawing in 1826, liberal and nationalist elements in Peru put an end to the Bolivarian regime in January 1827. The new government dismissed the Colombian troops and expelled the Colombian diplomatic agent, Cristóbal Armero.Porras Barrenechea (1926), p. 25. Throughout the country, several protests were organized against Bolívar and Sucre.Basadre (2005), Vol. 1, p. 271. At the same time, the Peruvian army under the command of Agustín Gamarra entered Bolivia and forced Sucre to resign from the presidency, ending Colombian influence in that country.
To remedy the crisis, Peru sent José Villa to Colombia as minister plenipotentiary. Bolívar refused to receive him and, through the Colombian foreign minister, asked Peru for explanations about the dismissal of Colombian troops, the intervention in Bolivia, the expulsion of Armero, the debt of independence and the restitution of Jaén and Maynas.Porras Barrenechea 1926, p. 26. Next, Villa received his passports.Basadre 2005, Vol. 1, p. 278.
The situation between Colombia and Peru worsened as time went by. On May 17, 1828, the Peruvian Congress authorized President José de la Mar to take military measures as a response to Villa's expulsion. On July 3, 1828, however, the Republic of Colombia officially declared war on the Peruvian Republic, beginning the Gran Colombia–Peru War.Basadre 2005, Vol. 1, p. 280–281.
The Peruvian Navy blockaded the Colombian coast and besieged the port of Guayaquil, occupying it on January 19, 1829. The Peruvian Army occupied Loja and Azuay. Despite the initial success of the Peruvian Army, however, the war ended with the Battle of Tarqui, on February 27, 1829; and with the signing of the Girón Agreement the following day.
The Agreement was disapproved by Peru due to Colombian actions considered offensive. Therefore, La Mar was willing to continue the war, but was overthrown by Agustín Gamarra. The latter, wishing to end the conflict, signed the Piura Armistice that stipulated the suspension of hostilities and the return of Guayaquil. To put a definitive end to the dispute, the representatives of Peru and Colombia, José Larrea and Pedro Gual respectively, met in Guayaquil, and on September 22, 1829, the Larrea-Gual Treaty was signed, which constituted a treaty of peace and friendship, but not limits. Its articles 5 and 6 established the basis that should serve for the delimitation between the two countries and the procedure that would be used for it.Porras Barrenechea 1926, p. 27. As for the procedure to carry out said delimitation, it ordered that a Commission of two people for each republic should be appointed to go over, rectify and fix the dividing line, work that should begin 40 days after the treaty had been ratified by both countries. The tracing of the line would start at the Tumbes River. In case of disagreement, it would be submitted to arbitration by a friendly government.Porras Barrenechea 1926, p. 24-27.Basadre 2005, Vol. 2, p. 13-14. The delimitation mission did not take place, however, as problems took place, such as both parties arrived at different times, and the dissolution of Gran Colombia itself into New Granada, Ecuador and Venezuela, which further complicated the issue.Porras Barrenechea 1926, p. 28.Basadre 2005, Vol. 2, p. 17-19.
Conflict with Brazil and Ecuador With Gran Colombia dissolved, the conflict now included the newly formed Republic of Ecuador and the Empire of Brazil.
Creation of Popayán Province After the separation, Nueva Granada was constituted territorially according to the division of 1810. Thus, Popayán Province was created, which established the Napo River and its confluence with the Amazon as its southern limit.
Ecuadorian–Colombian War
On February 7, 1832, due to territorial disputes over the provinces of Pasto, Popayán and Buenaventura, the republics of New Granada and Ecuador went to war. The conflict was favorable for the former and ended with the Treaty of Pasto, which only delimited the first section of the border between the two nations: the Carchi River.
Pando–Noboa Treaty
Peru recognized Ecuador as an independent nation, and received its representative in Lima, Diego Noboa. On July 12, 1832, two agreements were concluded: one of friendship and alliance, and another of trade.Porras Barrenechea, p. 32. They were approved by the Congresses of both countries, and the respective ratifications were exchanged.Basadre, Vol. 2, p. 24.
The treaty is important because it recognized the existing limits, that is, the possessory state of Peru of Tumbes, Jaén and Maynas (against the interests of Granada) and, that of Ecuador, of Quito, Azuay and Guayaquil; until the signing of a definitive boundary treaty.
The Granadine minister in Lima, José del C. Triunfo, considered that the treaty violated the rights of his country, and raised a protest against it.Bustillo, p. 17.
Creation of Amazonas Department On November 21, 1832, the Peruvian Congress created the Department of Amazonas, made up of the provinces of Chachapoyas, Pataz and Maynas; separating from the Department of La Libertad.
Juan José Flores and Peru Juan José Flores assumed the government of Ecuador again in 1839. His foreign policy corresponded to his desire to expand the Ecuadorian territory to the detriment of New Granada and Peru. His expansionist spirits increased when, after the dissolution of the Peru-Bolivian Confederation, numerous political voices from the ephemeral state revived the Bolivarian claim of Tumbes, Jaén and Maynas.Basadre, Vol. 2, p. 237-239.
Then, two negotiations took place between both countries: between the Peruvian ministers Matías León and Agustín Guillermo Charún, and the Ecuadorians José Félix Valdivieso and Bernardo Daste, which failed. However, its importance lies in the fact that for the first time Peru based its rights over Maynas invoking the Royal Decree of 1802 (then lost) and the self-determination of peoples, as it would also do in future negotiations with Colombia.Basadre, Vol. 2, p. 239-240.
Real Cédula of 1802 published