Dispute Resolution Committee: Chapultepec Peace Agreement

NEW YORK AGREEMENT (25 September 1991)

The Government of El Salvador and the Frente Farabundo Martí para la Liberación Nacional (hereinafter called "the Parties"),
Convinced of the need to give a final impetus to the process of negotiations currently taking place with the active participation of the Secretary-General of the United Nations, so that the set of political agreements required to bring a definitive end to the armed conflict in our country can be reached as speedily as possible,
Conscious of the fact that, in order to achieve the aforementioned objective, it is essential to establish a set of conditions and guarantees which will ensure the full implementation of those political agreements by both Parties,
Have reached the following political agreement:

I. Comisión Nacional para la Consolidación de la Paz

1. The Comisión Nacional para la Consolidación de la Paz (National Commission for the Consolidation of Peace) (COPAZ) shall be responsible for overseeing the implementation of all the political agreements reached by the Parties. COPAZ is a mechanism for the monitoring of and the participation of civilian society in the process of the changes resulting from the negotiations, in relation both to the armed forces, in particular, and to the other items on the agenda.

4. Powers

a. COPAZ shall not have executive powers since it is for the Parties, through their internal machinery, to carry out the peace agreements.

b. The Parties shall be obliged to consult COPAZ before adopting decisions or measures relating to relevant aspects of the peace agreements. Similarly, COPAZ may consult the Parties, at the highest level, whenever it deems it appropriate to do so. In the event of a difference of opinion as to whether a matter should be submitted to COPAZ, the question shall be decided by COPAZ.

c. At the request of three or more of its members, COPAZ shall be convened immediately and its opinion heard.

d. COPAZ shall have direct access to the President of the Republic and shall meet with him whenever COPAZ itself or the President deems it appropriate.

e. COPAZ shall have access to and may inspect any activity or site connected with the implementation of the peace agreements.

f. COPAZ shall have the power to issue conclusions and recommendations of any kind relating to the implementation of the peace agreements and to make them public. The Parties undertake to comply with those conclusions and recommendations.

g. COPAZ shall have the power to prepare the preliminary legislative drafts necessary for the development of the agreements which have been reached, both on the subject of the armed forces and on the other items on the agenda.

h. COPAZ shall have the power to oversee the implementation of the agreements reached by the Parties, both on the subject of the armed forces and on the other items on the agenda.

i. COPAZ shall be responsible for the preparation of the preliminary legislative drafts necessary to ensure that all those wounded in the war and, where appropriate, the families of combatants who have died, on both sides, are incorporated into the social security system of the State or receive adequate economic compensation, as provided for by law.

j. In the performance of its functions, COPAZ shall be authorized to address the relevant organs of the United Nations, through the Secretary-General.

k. COPAZ shall have full powers to organize its work in the manner which it deems most appropriate and to appoint any groups or subcommissions which it may deem useful in the discharge of its mission. For that purpose, it shall have its own budget.

5. Form In addition to being the product of this political agreement, COPAZ shall be confirmed by law.

6. Duration

a. Between the date of this agreement and the cessation of the armed conflict, two representatives of the Government, including one member of the armed forces, two representatives of FMLN and one representative of each of the parties or coalitions represented in the Legislative Assembly shall work under a special operational régime of a transitional nature which they themselves shall define.
This work shall include the preparation of the preliminary draft legislation to formalize the establishment of COPAZ.

b. The preliminary draft legislation to formalize the establishment of COPAZ shall be submitted to the Legislative Assembly within eight (8) days following the signing of the cessation of armed conflict. The formal establishment of COPAZ shall take place within eight (8) days following the promulgation of the said law.

c. COPAZ shall be dissolved once the implementation of the peace agreements has been completed. Its dissolution shall be decided upon by COPAZ itself, by means of an agreement receiving a favourable vote from at least two thirds of its members.

Implementation History

1992

Minimum Implementation

In accordance of the agreement, the National Commission for the Consolidation of the Peace (COPAZ) was formally instituted on 1 February 1992 comprising 10 members--two members each from the FMLN and the government and rest of the members from other political parties. The COPAZ was responsible to arbitrate disagreements that might arise from the implementation of the accord. Nevertheless, the COPAZ did not initially play as important a role as envisioned in the agreements.1

  • 1. “Situation of human rights in El Salvador,” United Nations General Assembly (A/47/596), November 13, 1992.
1993

Intermediate Implementation

COPAZ worked to seek consensus among its constituent members on various measures related to the Peace Agreement, but met many disagreements over its mandate. It discussed the implementation of the recommendations of the Commission on the Truth, but moved very slowly and failed to come up with a unified proposal.2

  • 2. “Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/25812), May 21, 1993.
1994

Full Implementation

COPAZ continued to operate, and conversations began of it becoming a peace foundation once its mandate was officially fulfilled.3

  • 3. “Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/1994/1000), August 26, 1994.
1995

Full Implementation

According to the new timetable for implementation agreed upon on 19 May 1994, COPAZ was set to terminate on 30 April 1995, but it became clear that the Peace Accords would not be fulfilled by that date, and so COPAZ sought an extension on the grounds that its mandate was to ensure the complete implementation of the Peace Accords.4

  • 4. “Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/1995/220), March 24, 1995.
1996

Full Implementation

The mandate of COPAZ expired on 10 January 1996. The Government of El Salvador and the members of COPAZ viewed it as a success, with only a few aspects of the peace process left incomplete—notably the land transfer and rural re-settlement programs. Some of the former members of COPAZ went on to serve in non-governmental organizations, such as Fundapaz, which endeavored to fulfill a similar role as that of COPAZ.5

  • 5. “National peace commission closes as its work comes to an end,” BBC Summary of World Broadcasts, January 15, 1996.
1997

Full Implementation

The COPAZ was a multi-party mechanism designed to facilitate the implementation of the accord and its completed its mandate of dispute resolutions. The COPAZ was dissolved once its mandate expired on 10 January 1996.

1998

Full Implementation

No further developments occurred this year.

1999

Full Implementation

No further developments occurred this year.

2000

Full Implementation

No further developments occurred this year.

2001

Full Implementation

No further developments occurred this year.