Detailed Implementation Timeline: Chapultepec Peace Agreement

CHAPULTEPEC AGREEMENT (16 January 1991)

Chapter IX: Implementation Timetable

1. Copaz

1.1 Submission to the Legislative Assembly of the preliminary bill formalizing COPAZ: A+8 at the latest.

1.2 Establishment: D-day.

2. Armed Forces

2.1 Ratification of the constitutional reform

2.1.1 Ratification by the Legislative Assembly: between A- and D-days.

2.1.2 Publication: D + 15 at the latest.

2.2 Educational system

2.2.1 Determination of the number of members and submission by COPAZ of the lists of three candidates for the appointment of civilian members of the Academic Council of the Military College: D+90.

2.2.2 Designation of the Academic Council of the Military College: D+100 at the latest.

2.2.3 Designation of the teaching staff: between D+120 and D+180.

2.2.4 Reforms in the educational system: D+210 at the latest.

2.2.5 Determination of the admissions system by the Academic Council: D+210 at the latest.

2.3 Purification

2.3.1 Issuance of the agreement giving legal form to and formalizing the ad hoc Commission: A+5.

2.3.2 Establishment of the ad hoc Commission: D+105.

2.3.3 Result of the evaluation: D+195.

2.3.4 Corresponding administrative decisions: D+225.

2.3.5 Implementation: D+255.

2.4 Reduction

The Government of El Salvador has submitted to the Secretary-General of the United Nations the timetable for implementing the reduction plan referred to in section 4 of chapter I of this Agreement. The Secretary-General has made the timetable known to FMLN. The United Nations shall verify compliance with that timetable.

2.5 Public security forces: abolition of the Treasury Police and the National Guard as public security forces and transfer of their members to the army: D+30.

2.6 State intelligence

2.6.1 Dissolution of the National Intelligence Department: D+135 at the latest.

2.6.2 Creation of the State Intelligence Agency: D+30 at the latest.

2.6.3 Designation of the Director: D+45 at the latest.

2.6.4 Launching of the evaluation of NID staff: D+60.

2.7 Rapid deployment infantry battalions (BIRI)

The following statement is made with regard to the rapid deployment infantry battalions in the relevant part of the timetable for implementing the reduction plan mentioned in paragraph 2.4 of this chapter:
"The demobilization of the BIRIs shall begin in the third week of the sixth month and shall last four weeks. Once the demobilization has begun, the battalions shall be considered to have lost their offensive battle capability.
"The BIRIs shall be demobilized as detailed below:

6th month: General Ramón Belloso BIRI

7th month: Atonal BIRI

8th month: Atlacatl BIRI

9th month: General Eusebio Bracamonte BIRI

10th month: General José Manuel Arce BIRI."

2.8 Paramilitary bodies

2.8.1 Civil defence

2.8.1.1 Registration and location: D+60 at the latest.

2.8.1.2 Disarming: D+120 at the latest.

2.8.1.3 Total disbanding: D+150 at the latest.

2.8.2 System of armed forces reserves

2.8.2.1 Submission to the Legislative Assembly of the preliminary bill on military service and armed forces reserves: D+60 at the latest.

2.8.2.2 Promulgation of the law on the new system of military service and armed forces reserves: D+90 at the latest.

2.8.2.3 Replacement of territorial service by a new system of armed forces reserves: D+120 at the latest.

2.8.3 Private security services: Submission of the preliminary bill to the Legislative Assembly: D+45 at the latest.

2.9 Suspension of forcible recruitment

2.9.1 Implementation of the suspension: D-day.

2.9.2 Wide publicity in all the media, especially radio: as of D-day.

2.9.3 Submission to the Legislative Assembly of the preliminary bill on military service and armed forces reserves: D+60 at the latest.

2.9.4 Promulgation of the law: D+90.

2.10 Preventive and promotional measures

2.10.1 Organization of the Armed Forces General Inspectorate: D+90 at the latest.

2.10.2 Functioning of the armed forces court of honour: as of D+255.

2.10.3 Submission to the Legislative Assembly of the preliminary draft amendments to the law on unlawful enrichment: D+90.

2.10.4 Suspension of the issuance of licences to private individuals to bear weapons that are for the exclusive use of the armed forces: A-day.

2.10.5 Cancellation of licences for private individuals to bear weapons that are for the exclusive use of the armed forces: D+30 at the latest.

2.10.6 Recall of such weapons: between D+30 and D+270.

2.10.7 Dissemination of the doctrine of the armed forces: as of D+30.

2.10.8 Adaptation of the legislation on the armed forces: between D-day and D+270.

3. National Civil Police

3.1 Submission to the Legislative Assembly of the preliminary bill organizing the National Civil Police: D+20.

3.2 Submission to the Legislative Assembly of the preliminary bill organizing the National Public Security Academy: between A- and D-days.

3.3 Appointment of the Coordinator: before D-day.

3.4 Submission by COPAZ of the list of three candidates for the post of Director-General of the National Civil Police: D+20 at the latest.

3.5 Appointment of the Director-General of the National Civil Police: D+30 at the latest.

3.6 Submission by COPAZ of the list of three candidates for the post of Director-General of the National Public Security Academy: D+5.

3.7 Determination of the number of members and submission by COPAZ of the lists of three candidates for appointments to the Academic Council of the National Public Security Academy: D+5.

3.8 Appointments of the Director and of the members of the Academic Council of the National Public Security Academy: D + 15.

3.9 Designation of the COPAZ subcommission for the National Civil Police: D-day at the latest.

3.10 Design of the publicity campaign for recruitment: D+10 at the latest.

3.11 Launching of the publicity campaign for recruitment: D+15 at the latest.

3.12 Design of the aptitude test for former members of the National Police and former FMLN combatants: D+30 at the latest.

3.13 Organization of courses for this test: D+45 at the latest.

3.14 Evaluation of former members of the National Police: from D+30 until the end of the transitional period.

3.15 Aptitude and skills test: D+80 at the latest.

3.16 Introduction of the admissions system for the National Public Security Academy: D+80 at the latest.

3.17 Formation of boards of examiners: D+60 at the latest.

3.18 Admission of the first group of candidates: D+90 at the latest.

3.19 Start of courses at the National Public Security Academy: D+90 at the latest.4

3.20 Establishment of the entire functional structure of the National Civil Police: D+240.

3.21 Elimination of structures incompatible with the Finance Division of the National Civil Police: D+240.

3.22 Launching of the territorial deployment of the National Civil Police: D+270 at the latest.

3.23 Completion of the territorial deployment of the National Civil Police: 21 months from the start of territorial deployment.

3.24 End of the transitional regime for the National Civil Police and of the functions of the National Police: 2 years after the start of territorial deployment.

3.25 Expiry of the possible requirement to live in barracks: 31 December 1992.

4. Judicial System

4.1 National Council of the Judiciary:

4.1.1 Submission to the Legislative Assembly of the preliminary draft amendments to the law: D+60 at the latest.

4.1.2 Adoption of the new law: D+90.

4.1.3 Election and establishment: at the latest, +90 after the adoption of the new law.

4.2 Judicial Training School: at the latest, +180 after the establishment of the National Council of the Judiciary.

4.3 Formation of lists of candidates for the National Council of the Judiciary: April 1994.

4.4 Judicial career: submission to the Legislative Assembly of a preliminary draft for legal reform: D+90 at the latest.

4.5 Military jurisdiction: submission to the Legislative Assembly of a preliminary draft for legal reform: D+90 at the latest.

4.6 Office of the National Counsel for the Defence of Human Rights:

4.6.1 Submission to the Legislative Assembly of a preliminary draft organic law: D+60 at the latest.

4.6.2 Designation of the National Counsel: D+30 at the latest.

5. Electoral System

5.1 Designation of the Supreme Electoral Tribunal: D+15 at the latest.

5.2 Designation by COPAZ of the Special Commission: D+15 at the latest.

5.3 Legal reform: D+120 at the latest.

5.4 Full implementation of the right of legally registered parties to monitor the preparation, organization, publication and updating of the electoral rolls: one year before the elections, at the latest.

5.5 Publication of the register of electors: at least 20 days before the elections.

6. Economic and Social Questions

6.1 Submission by FMLN of the inventory of affected land or buildings within conflict zones: A+30.

6.2 Designation by COPAZ of a special commission: A+20 at the latest.

6.3 Legalization of land tenure in conflict zones: A+180 at the latest.

6.4 Submission to the Legislative Assembly of the preliminary consumer protection bill: A+60 at the latest.

6.5 Convening by COPAZ of the Economic and Social Forum: A+30 at the latest.

6.6 Submission of the National Reconstruction Plan by the Government of El Salvador to FMLN: A+30 at the latest.

6.7 Establishment of the Reconstruction Fund: D+60 at the latest.

6.8 Start of implementation of the agreements on loans to the agricultural sector and for micro- and small-scale enterprise: as of D+120.

6.9 Start of the transfer of lands in excess of 245 hectares, as of D-day.

6.10 Starting date for requests for State land by former combatants of both Parties: D+60.

6.11 Start of the preferential transfer of land by the State to former combatants of both Parties who have so requested and who are of peasant origin and familiar with farming, and possess no land of any kind: D+90.

6.12 Submission to the Legislative Assembly of the preliminary draft agrarian code: A+12 months at the latest.

6.13 Implementation of agreements on privatization and social welfare: as of A.

6.14 Implementation of agreements on external cooperation: as of D-Day.

6.15 Implementation of programmes to facilitate the integration of former FMLN combatants: before D+60.

7. Political Participation by FMLN

7.1 Adoption of legislative or other measures to guarantee former FMLN combatants the full exercise of their rights: between A and D. 5

7.2 Arrangements for the security of FMLN leaders and FMLN participants in COPAZ and other commissions: between A and D.

7.3 Release of political prisoners: D+30.

7.4 Promotion of the legislative decree for the legalization of FMLN as a political party: as of D+90.

7.5 Granting of licences for mass media: as of D+30.

7.6 Full guarantees and security for returnees: as of D+40.

8. Cessation of the Armed Conflict

8.1 Informal cessation of the armed conflict: between A and D.

8.2 Establishment of the Joint Working Group: A-day.

8.3 Launching of the reconciliation campaign: A+1.

8.4 Transmittal by the Salvadorian armed forces to ONUSAL of detailed information on the number of their troops and weapons to be concentrated in the places listed in annex A: D-7 at the latest.

8.5 Provision by FMLN to ONUSAL of detailed information on its troop strength and inventories of arms, ammunition, mines, other explosives and military equipment located anywhere in the national territory, and its plans for concentrating them in the places listed in annex B: D-7 at the latest.

8.6 Precise designation of the places to which the Salvadorian armed forces and FMLN are to fall back: between A and D.

8.7 First stage of the separation of forces: between D and D+5.

8.8 Second stage of the separation of forces: between D+5 and D+30.

8.9 Concentration by FMLN in each of the 15 designated locations, under ONUSAL supervision, of all FMLN arms, ammunition, mines, explosives and military equipment, including those belonging to its clandestine forces, pursuant to paragraph 26 of chapter VII (Cessation of the Armed Conflict): between D+6 and D+30.

8.10 Monitoring by ONUSAL of all FMLN arms, ammunition, mines, explosives and military equipment, including those belonging to its clandestine forces, pursuant to paragraphs 27 and 28 of chapter VII (Cessation of the Armed Conflict): as of D+30.

8.11 Reintegration of former FMLN combatants, within a framework of full legality, into the civil, political
and institutional life of the country:

8.11.1D+90: No less than 20 per cent.

8.11.2D+120: No less than 40 per cent.

8.11.3 D+180: No less than 60 per cent.

8.11.4 D+240: No less than 80 per cent.

8.11.5 31 October 1992: 100 per cent.

8.12 End of the military structure of FMLN: between 15 October 1992 and 31 October 1992.

Final Provision

The time allotted for implementing any agreements not included in this timetable, and any adjustments to the above timetable that may be required, for any reason, shall be decided by ONUSAL in consultation with the Parties.

Implementation History

1992

Minimum Implementation

The Parties failed to implement several components of the Agreement by the specified dates: both the Government and the FMLN were over three months late in concentrating their forces in the designated areas; the Government was over three months late in establishing the National Public Security Academy; the FMLN was over three months late in returning the first 20% of its combatants to civilian life; the Government was over three months late in promoting legislation to establish the FMLN as a political party.1 The Parties subsequently reached a negotiated agreement to adjust the deadlines as follows: concentrate forces in the established areas by 25 June 1992; begin the reintegration of former FMLN combatants to civilian life by 30 June 1992 and finish by 31 October 1992; commence the first course at the National Public Security Academy within 15 days after June 30 1992; present legislation to definitively abolish the National Guard and Treasury Police and establish a “Special Brigade for Military Security” (with no further transfers from military bodies to the National Civil Police) by 30 June 1992; propose legislation to facilitate the legalization of the FMLN as a political party by 30 June 1992; finalize programs to reintegrate former FMLN combatants into civilian life by 15 July 1992; and complete COPAZ verification of inventories of lands presented by the FMLN by 30 June 1992.2 On 23 December 1992, ONUSAL confirmed that the armed conflict between the Government of El Salvador and the FMLN formally ended on 15 December 1992.3

  • 1. “Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/23999), May 26, 1992.
  • 2. “Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/23999/Add.1), June 16, 1992.
  • 3. “Report of the Secretary-General on the United Nations Observer Mission in El Salvador (ONUSAL),” United Nations Security Council (S/25006), December 23, 1992.
1993

Minimum Implementation

Both parties were slow to implement multiple aspects of the peace agreement, in violation of the detailed timeline. In late August and early September1993, ONUSAL brought the parties together to agree to a new timetable before the electoral campaigns began on 20 November 1993. The parties reached new agreements on the regulation of private weapons and security services, disbanding the old National Police and building up the new National Civil Police, admitting former FMLN combatants in leadership training at the National Public Security Academy, other reintegration programs, and land transfers.4

  • 4. “Further Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/26790), November 23, 1993.
1994

Minimum Implementation

On 19 May 1994, the parties agreed to a new “Timetable for the Implementation of the Most Important Agreements Pending.” The contents of this agreement are summarized as follows:
Armed forces: military weapons held by non-military state institutions shall be collected by 20 May 1994, and weapons held by civilians by 30 May 1994.
Public security: the National Civil Police shall complete its replacement of the National Police by 31 March 1995; the new units of the NCP will all be deployed by 31 March 1995, the Government shall appoint an Inspector-General during June 1994 and the General Inspectorate shall be operational by 30 September 1994; the Government shall set up Control and Disciplinary Investigation Units by 31 July 1994; and the Government shall enact new measures to promote recruitment to the National Civil Police, subject to UN verification.
Land transfers: the Government shall fulfill the Acceleration Plan by 30 April 1995.
Reintegration: the Government shall undertake to complete each program for the reintegration of FMLN ex-combatants in a timely manner, with the programs beginning mostly in early 1994 (if not begun already) and concluding mostly in mid-1994 (and the latest, the scholarship program, ending in August 1998).
Recommendations of the Commission on the Truth: the Government shall by 30 May 1994 remove roadblocks preventing the Legislative Assembly from approving all the draft laws necessary to heed the unfulfilled recommendations by the Commission on the Truth.
The parties shall work to reconstitute the Forum for Economic and Social Consultation by 30 June 1994.
The parties shall meet with the UN bi-weekly to follow up on the new timetable.5

Prompted by concerns raised by the UN Security Council, the parties signed a joint declaration of commitment to fully implement the Chapultepec Agreement by 30 April 1995 at the latest.6

  • 5. “Letter Dated 24 May 1994 from the Secretary-General Addressed to the President of the Security Council,” United Nations Security Council (S/1994/612), May 24, 1994.
  • 6. “Letter Dated 6 October 1994 from the Secretary-General Addressed to the President of the Security Council,” United Nations Security Council (S/1994/1144), October 10, 1994.
1995

Minimum Implementation

At the conclusion of the ONUSAL mandate and commencement of the new United Nations Mission in El Salvador (MINUSAL), the parties assented to another revised work plan for the full implementation of the Peace Agreement. The new ultimate deadline set was 31 October 1995—with a few exceptions, including training for personnel transferred into the Criminal Investigation Division and Anti-Narcotics Division of the National Civil Police (31 December 1995), land transfers for rural human settlements (30 April 1996), and some assistance programs for reintegrated ex-combatants (as late as 31 August 1998). Important among the reforms left incomplete at the conclusion of the ONUSAL mission were: amendments to the Code of Military Justice and the army rules and regulations; repeal of the 1886 Police Act; habeas corpus act; Criminal Code; Code of Criminal Procedure; Prison Act; amendments to the Constitutional Procedures Act (amparo); amendments to the Judicial Career Act; amendments to the National Council of the Judiciary Act; and amendments to the Act organizing the judiciary.7

  • 7. “Letter Dated 18 May 1995 from the Secretary-General Addressed to the President of the Security Council,” United Nations Security Council (1995.S/1995/407), May 18, 1995.
1996

Full Implementation

There was delay in implementing some provisions, but most of the provisions, except for land redistribution and socio-economic development, were implemented.

1997

Full Implementation

No developments observed this year.

1998

Full Implementation

No developments observed this year.

1999

Full Implementation

No developments observed this year.

2000

Full Implementation

No developments observed this year.

2001

Full Implementation

No developments observed this year.