It does seem that permanent peace is enabled in my game, but there doesn't seem to be a way to turn it off, nor is there an option for it in the custom game so it seems to be enabled by default?
If you didn't mess around with the option file always peace is no option.
Maybe you did start as minor civ, with lack of diplomacy until writing you are already at war with any other civ.
Thus you are not able to declare war.
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