Verification/Monitoring Mechanism: Chapultepec Peace Agreement

Written by

Agreement on Human Rights (San Jose Agreement, 26 July 1990)

II. International Verification 10. In accordance with the provisions of the Geneva Agreement and the agenda for the negotiations which was adopted in Caracas, the Parties hereby agree to the terms of reference for the United Nations human rights verification mission (hereinafter referred to as “the Mission”), as set out below.

11. The Mission shall devote special attention to the observance of the rights to life, to the integrity and security of the person, to due process of law, to personal liberty, to freedom of expression and to freedom of association.

In this context, a special effort shall be made to clarify any situation which appears to reveal the systematic practice of human rights violations and, in such cases, to recommend appropriate measures for the elimination of the practice to the Party concerned. The foregoing shall be without prejudice to any powers granted to the Mission to consider individual cases.

12. A Director designated by the Secretary-General of the United Nations shall be in charge of the Mission. The Director shall work in close cooperation with existing human rights organizations and bodies in El Salvador. He shall also be assisted by expert advisers. In addition, the Mission shall include as many verification personnel as may be necessary.

13. The purpose of the Mission shall be to investigate the human rights situation in El Salvador as regards acts committed or situations existing as from the date of its establishment and to take any steps it deems appropriate to promote and defend such rights. Accordingly, it shall perform its functions with a view to promoting respect for human rights and their guarantee in El Salvador and helping to do away with those situations in which such respect and guarantees are not duly observed.

14. The Mission’s mandate shall include the following powers:

a. To verify the observance of human rights in El Salvador;

b. To receive communications from any individual, group of individuals or body in El Salvador, containing reports of human rights violations;

c. To visit any place or establishment freely and without prior notice;

d. To hold its meetings freely anywhere in the national territory;

e. To interview freely and privately any individual, group of individuals or members of bodies or institutions;

f. To collect by any means it deems appropriate such information as it considers relevant;

g. To make recommendations to the Parties on the basis of any conclusions it has reached with respect to cases or situations it may have been called upon to consider;

h. To offer its support to the judicial authorities of El Salvador in order to help improve the judicial procedures for the protection of human rights and increase respect for the rules of due process of law;

i. To consult the Attorney-General of the Republic;

j. To plan and carry out an educational and informational campaign on human rights and on the functions of the Mission itself;

k. To use the media to the extent useful for the fulfilment of its mandate;

l. To report regularly to the Secretary-General of the United Nations and through him to the General Assembly.

15. The Parties undertake to give their full support to the Mission. To that end, they pledge:

a. To grant the Mission whatever facilities it may require for the performance of its functions;

b. To ensure the security of the members of the Mission and of such persons as may have provided it with information, testimony or evidence of any kind;

c. To provide, as expeditiously as possible, whatever information may be required by the Mission;

d. To give their earliest consideration to any recommendations made to them by the Mission;

e. Not to hinder the fulfilment of the Mission’s mandate.

16. Each of the Parties shall appoint a delegate to serve as liaison with the Mission.

17. Should the Mission receive communications referring to acts or situations which occurred prior to its establishment, it may transmit them, if it deems it appropriate, to the competent authorities.

18. The fact that a case or situation has been considered by the Mission shall not preclude the application thereto of international procedures for the promotion and protection of human rights.

19. Subject to any arrangements which must be made prior to its establishment, the Mission shall take up its duties as of the cessation of the armed conflict. The Mission shall be established initially for one year and may be renewed.

Chapultepec Agreement (16 January 1992)

Chapter VIII: United Nations Verification 1. The United Nations shall verify compliance with this Agreement and with the San José, Mexico City and New York Agreements of 26 July 1990, 27 April 1991 and 25 September 1991, respectively, with the cooperation of the Parties and of the authorities whose duty it is to enforce them.

2. The international cooperation referred to in this Agreement shall be coordinated by the United Nations and shall be subject to a formal application by the Government, compliance with official formalities and the appropriate consultations.

Review of Agreement: Chapultepec Peace Agreement

Written by

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.

2. Composition

a. COPAZ shall be composed of two representatives of the Government, including a member of the armed forces, two representatives of FMLN and one representative of each of the parties or coalitions represented in the Legislative Assembly.

b. The Archbishop of San Salvador and a delegate of ONUSAL shall have access to the work and deliberations of COPAZ, as observers.

3. Decisions COPAZ shall adopt its decisions by majority vote.

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.

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.

Natural Resource Management: Chapultepec Peace Agreement

Written by

NEW YORK AGREEMENT (25 September 1991)

VII. Economic and social questions

1. Lands in excess of the constitutional limit of 245 hectares, as well as lands owned by the State which are not currently legally designated forest reserves, shall be used to meet the needs of peasants and small farmers who are without land. To this end, the Government shall also make arrangements to purchase lands offered for sale to the State.

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter V: Economic and Social Questions

2. The agrarian problem

A. Lands in excess of the constitutional limit of 245 hectares

The Government of El Salvador shall transfer rural farmland that has not yet been transferred under articles 105 and 267 of the Constitution of the Republic. It likewise undertakes to ensure that implementation of the relevant constitutional requirements is not evaded by owners of rural holdings in excess of 245 hectares.

B. State-owned lands which are not currently part of a forestry reserve

The Government of El Salvador shall transfer to beneficiaries of the

agrarian reform, as provided in article 104 of the Constitution, State-owned rural farmland which is not part of a forestry reserve. Under the various land-transfer programmes which the Government of El Salvador is carrying out with State-owned farmland, preference shall be given to former combatants of both Parties who so request voluntarily, are of peasant origin and familiar with farming, and possess no land of any kind. The size of the lots shall be determined by the amount of land available, as mentioned above, and the number of beneficiaries who meet the conditions set out in this section.

C. Lands offered for sale to the State

Making use of the legal, technical and financial resources available to it, the Government of El Salvador shall seek to acquire and transfer through the Land Bank lands voluntarily offered for sale by their owners. Once the said lands are acquired, they shall be transferred to beneficiaries of the agrarian reform.

D. Recipients of lands transferred in accordance with the preceding sections

The lands acquired under sections A, B and C of this chapter shall be used to satisfy the need for land of landless peasants and small farmers. Specifically, title to the land shall be transferred legally to the peasants and small farmers designated by law as beneficiaries of the agrarian reform.

E. Payments for land

The lands referred to in the preceding sections shall be transferred at market prices and on the same credit terms as are granted to beneficiaries of the reformed sector. At the same time, a system of payments may be established on the basis of a fixed price and long-term financing at low, fixed interest rates not subject to interest capitalization. Domestic credit shall be supplemented with financing from international cooperation, for which a special fund, financed from external resources, shall be established for the purchase of land.

4. 3 July 1991 agreement on occupied lands

The agreement on occupied lands between the Government of El Salvador and peasant organizations shall be respected.

With regard to lands occupied illegally after the date of that agreement, the Government of El Salvador gives notice that it reserves the right to enforce the relevant legal provisions so as to ensure that the rule of law prevails. FMLN holds that the agrarian problem, including land occupations, should be dealt with through consultation and the channels and mechanisms provided by the peace agreements.

Detailed Implementation Timeline: Chapultepec Peace Agreement

Written by

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.

Donor Support: Chapultepec Peace Agreement

Written by

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter V: Economic and Social Questions

9. National Reconstruction Plan

Given the magnitude of the additional resources that will be required for the implementation of the Plan, both Parties appeal to the international community to lend its fullest support to the fund-raising effort. To this end, a national reconstruction fund shall be established, to be supported by the United Nations Development Programme.

The role of UNDP shall include advising the Government on all matters relating to the mobilization of external support, assisting in the preparation of projects and programmes likely to attract such support, facilitating approaches to official bilateral and multilateral agencies, mobilizing technical assistance and cooperating with the Government in harmonizing the Plan with the activities of non-governmental organizations involved in local and regional development activities.

Economic and Social Development: Chapultepec Peace Agreement

Written by

NEW YORK AGREEMENT (25 September 1991)

VII. Economic and social questions

1. Lands in excess of the constitutional limit of 245 hectares, as well as lands owned by the State which are not currently legally designated forest reserves, shall be used to meet the needs of peasants and small farmers who are without land. To this end, the Government shall also make arrangements to purchase lands offered for sale to the State.

2. The current land-holding situation in the conflict zones shall be respected until a satisfactory legal solution for the definitive land-holding regime is arrived at. The procedures and deadlines for the implementation of this agreement shall be agreed upon in the compressed negotiations.

3. The policies for granting loans to the agriculture and livestock sector shall be revised.

4. The Parties refer to the compressed negotiations, as part of the economic and social subject area, consideration of the following topics:

a. Measures required to alleviate the social cost of structural adjustment programmes;

b. Appropriate procedures for direct external cooperation designed to encourage community assistance and development projects;

c. Establishment of a Forum for economic and social accommodation, with participation by the governmental, labour and business sectors, for the purpose of continuing to resolve economic and social problems. The Forum may be open to participation by other social and political sectors as observers, under terms to be determined by it.

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter V: Economic and Social Questions

1. Preamble

One of the prerequisites for the democratic reunification of Salvadorian society is the sustained economic and social development of the country. At the same time, reunification of Salvadorian society and a growing degree of social cohesion are indispensable for fostering development. Hence, the set of agreements required to put a definitive end to the armed conflict in El Salvador must include certain minimum commitments to promote development for the benefit of all sectors of the population.

In accordance with the New York Agreement, the issues covered by this instrument are: the agrarian problem, loans to the agricultural sector, measures required to alleviate the social cost of structural adjustment programmes, appropriate procedures for direct external cooperation designed to encourage community development and assistance projects, establishment of a forum for economic and social consultation and the National Reconstruction Plan. Also, although the general philosophy or orientation of the Government’s economic policy, which FMLN does not necessarily share, is not covered by this Agreement, both Parties agree on the need to provide certain basic guidelines so as to ensure the requisite social stability during the transitional period, consolidate peace and make progress towards the reunification of Salvadorian society.

2. The agrarian problem

A. Lands in excess of the constitutional limit of 245 hectares

The Government of El Salvador shall transfer rural farmland that has not yet been transferred under articles 105 and 267 of the Constitution of the Republic. It likewise undertakes to ensure that implementation of the relevant constitutional requirements is not evaded by owners of rural holdings in excess of 245 hectares.

B. State-owned lands which are not currently part of a forestry reserve

The Government of El Salvador shall transfer to beneficiaries of the

agrarian reform, as provided in article 104 of the Constitution, State-owned rural farmland which is not part of a forestry reserve. Under the various land-transfer programmes which the Government of El Salvador is carrying out with State-owned farmland, preference shall be given to former combatants of both Parties who so request voluntarily, are of peasant origin and familiar with farming, and possess no land of any kind. The size of the lots shall be determined by the amount of land available, as mentioned above, and the number of beneficiaries who meet the conditions set out in this section.

C. Lands offered for sale to the State

Making use of the legal, technical and financial resources available to it, the Government of El Salvador shall seek to acquire and transfer through the Land Bank lands voluntarily offered for sale by their owners. Once the said lands are acquired, they shall be transferred to beneficiaries of the agrarian reform.

D. Recipients of lands transferred in accordance with the preceding sections

The lands acquired under sections A, B and C of this chapter shall be used to satisfy the need for land of landless peasants and small farmers. Specifically, title to the land shall be transferred legally to the peasants and small farmers designated by law as beneficiaries of the agrarian reform.

E. Payments for land

The lands referred to in the preceding sections shall be transferred at market prices and on the same credit terms as are granted to beneficiaries of the reformed sector. At the same time, a system of payments may be established on the basis of a fixed price and long-term financing at low, fixed interest rates not subject to interest capitalization. Domestic credit shall be supplemented with financing from international cooperation, for which a special fund, financed from external resources, shall be established for the purchase of land.

F. New legislation

Since the current agrarian legislation is haphazard, contradictory and incomplete, the Parties agree that it must be harmonized and unified into an agrarian code. To this end, the Government shall submit the relevant draft legislation to the Legislative Assembly no later than 12 months after the signing of this Agreement. If it fails to do so, COPAZ shall take on the task of preparing the corresponding preliminary draft.

3. Lands within conflict zones

A. The land-tenure system in conflict zones

In accordance with the New York Agreement, the current land-tenure situation in conflict zones shall be respected until a satisfactory legal solution for the definitive land-tenure system is arrived at. Consequently, landholders shall not be evicted pending agreement on such a solution; moreover, they shall be given financial support to increase agricultural production. In view of the irregularity of the land-tenure system in conflict zones, the Parties agree on the following:

B. Determination as to who are the “current landholders”

“Landholders” shall mean those currently occupying and/or working the land in conflict zones.

C. Inventory of cases covered by this part of the Agreement

Within 30 days from the signing of the Agreement, FMLN shall submit an inventory of land or buildings affected by the Agreement. Upon verification that such land or buildings are in fact subject to the provisions of this Agreement, and in accordance with the procedure set forth in the next section, the Government of El Salvador shall seek to provide a satisfactory legal solution for their final disposal through the voluntary sale of such property by the rightful owners to the current holders, on the terms referred to in section 3 (F) of this chapter. Should a rightful owner not wish to sell his property, the Government of El Salvador shall make use of the legal mechanisms at its disposal to try to resettle the peasants or small farmers on such land as may be available for the purpose and shall, as far as possible, seek to ensure that such land is situated in the same zones.

D. Establishment of a Special Commission

COPAZ shall appoint a special commission whose members shall be of recognized integrity and ability. The special commission, to be formed within 20 days following the signing of this Agreement, shall be entrusted with the following tasks and duties:

a. To verify the inventory of affected land or buildings within conflict zones. Once the inventory has been verified, the special commission shall submit copies to the Government of El Salvador and to COPAZ;

b. Should the need arise, to facilitate the settlement of disputes between current holders and rightful owners;

c. To take any decisions and measures it deems necessary and proper for the prompt and effective fulfilment of the agreements set forth in this chapter.

E. Legalization of land tenure

Except for particularly complex cases, the Government of El Salvador shall legalize the land-tenure situation in conflict zones definitively within six months from the signing of the cease-fire agreement, granting, as appropriate, individual or collective title to the land.

F. Payment for lands

Lands shall be purchased from their former owners at market prices. The sale to the current holders shall be subject to the same conditions as those granted to beneficiaries of the reformed sector. However, special conditions may be agreed to in the interests of the peace process.

G. Verification by COPAZ

COPAZ shall guarantee fulfilment of the agreements set forth in sections 2 and 3.

4. 3 July 1991 agreement on occupied lands

The agreement on occupied lands between the Government of El Salvador and peasant organizations shall be respected.

With regard to lands occupied illegally after the date of that agreement, the Government of El Salvador gives notice that it reserves the right to enforce the relevant legal provisions so as to ensure that the rule of law prevails. FMLN holds that the agrarian problem, including land occupations, should be dealt with through consultation and the channels and mechanisms provided by the peace agreements.

5. Loans to the agricultural sector and to micro- and small-scale enterprise

A. Loans to the sector as a whole

The Government of El Salvador shall see to it that the national financial system has the resources it needs to meet the demand for credit of the agricultural sector in general and of micro- and small-scale enterprise and small-scale peasant production, including cooperatives in the reformed and the non-reformed sector, in particular. It shall also establish rules governing loans for agricultural and industrial production so that such loans are granted in a timely manner and in amounts sufficient to sustain productive capacity and the marketing of the goods produced. To that end, it shall promote an increase in loans by the commercial banking system to small businessmen and small-scale enterprises.

B. Active involvement of target sectors

The Government also undertakes to permit and promote the active involvement of target sectors in both the design and the administration of special credit programmes for those sectors. To that end, the Government undertakes to increase the participation of organizations representing the sectors referred to in the preceding section in developing policies of the Agricultural Guarantee Fund, FIGAPE, FEDECREDITO and BFA, and to ensure that the financial position of these institutions remains sound and that they become conduits for channelling external resources into loans for micro- and small-scale enterprise, small-scale peasant production and cooperatives in both the reformed and the non-reformed sector.

C. Technical assistance

The Government of El Salvador shall design and promote new programmes of technical assistance to help increase the productivity of peasant farmers and smallholders, especially in conflict zones.

D. International cooperation for the agricultural sector

Given the increase in the demand for agricultural credit that will follow the signing of the Peace Agreement, the Government of El Salvador undertakes to seek additional external resources to cover the new needs of the sector. In this connection, the Government shall seek external financial resources to increase the operations of the Agricultural Guarantee Fund as a mechanism for facilitating lending to small- and medium-sized farmers and their cooperatives, without adversely affecting the financial health of lending institutions.

6. Measures to alleviate the social cost of structural adjustment programmes

A. Consumer protection

The Government of El Salvador undertakes to adopt policies and create effective mechanisms for consumer protection in accordance with the requirements set out in the last part of article 101, paragraph 2, of the Constitution. In order to comply with this constitutional requirement, the Government undertakes to submit to the Legislative Assembly, within 60 days from the signing of this Agreement, a consumer protection bill providing for the strengthening of the Ministry of Economic Affairs, which could be a first step towards the establishment of an Office of Consumer Protection Advocate (Procuraduría General de Defensa del Consumidor).

B. Privatization

The policy of privatization shall increase society’s share of ownership by affording workers access to ownership of privatized companies. It shall also avoid monopolistic practices, while guaranteeing business freedom and consumer protection, in accordance with the provisions of article 110 of the Constitution.

C. Social welfare programmes

The Government of El Salvador shall seek to strengthen existing social welfare programmes designed to alleviate extreme poverty. Additional external resources shall be sought for this purpose.

7. Procedures for direct external cooperation for community development and assistance projects

The Government of El Salvador shall facilitate private direct external cooperation for community development and assistance projects, provided that assistance is channelled in accordance with foreign exchange and lending regulations. Official direct external cooperation may also be approved, subject to the provision of the requisite information on the purposes of such cooperation.

The Government shall grant legal and institutional facilities to private sources of direct external cooperation benefiting communities, social organizations and national non-governmental organizations: it shall not discriminate among the latter, provided that it is ascertained that they are engaged in or wish to engage in integrated development projects. Former combatants of both Parties shall have access to external cooperation funds.

8. Forum for economic and social consultation

A. Purpose of the Forum

A forum shall be established in which representatives of the Government, labour and the business community shall participate on an equal footing for the purpose of working out a set of broad agreements on the economic and social development of the country for the benefit of all its inhabitants. The consultation process shall be a sustained effort and shall be conducted in phases, bearing in mind that the aim is to reach some agreements that are to be implemented immediately to achieve stabilization, others that are designed to tackle the economic and social problems that will ensue from the end of the conflict and still others that are geared specifically to reconstruction. Among other things, the Government shall propose to the Forum for Economic and Social Consultation that existing labour legislation be revised in order to promote and maintain a climate of harmonious labour relations, without prejudice to the unemployed and the public at large. It shall also propose that the situation of disadvantaged urban and outlying urban communities be analysed with a view to proposing solutions to problems resulting from the armed conflict of recent years. In general terms, the Forum shall be the mechanism for agreeing on measures to alleviate the social cost of the structural adjustment programme.

B. Establishment of the Forum

COPAZ shall convene the Forum for Economic and Social Consultation for the first time no later than one month after the signing of this Agreement.

C. Composition of and representation in the Forum

The composition of the Forum and the representation in it of the various sectors and the Government shall be as follows:

a. The Government of El Salvador shall be represented at a high level, its representatives being empowered to take decisions on economic and social matters;

b. The most representative labour and business organizations shall be invited to represent those sectors. In addition, the Forum may invite other social and political sectors to participate in its work as observers, on terms to be determined by it.

D. Powers of the Forum

The Forum shall determine its own operational structure and the issues for discussion and consultations. The sectors represented in the Forum shall have equal rights and shall enjoy equal opportunities for expressing their views. In order to guarantee the effectiveness of the agreements reached by the Forum by consensus, the Government undertakes to issue, amend or repeal decrees or provisions within its sphere of competence and to submit relevant proposals to the other organs of State.

E. Secretariat of the Forum

The Forum shall appoint a secretariat to provide it with technical support and ensure the continuity of its work.

9. National Reconstruction Plan

Within 30 days from the signing of the agreement on the cessation of the armed conflict, the Government of El Salvador shall submit to FMLN the National Reconstruction Plan which it has drawn up, so that the recommendations and suggestions of FMLN, like those of the various sectors of national life, may be taken into account, ensuring that the Plan reflects the country’s collective wishes.

The main objectives of the Plan shall be the integrated development of zones affected by the conflict, satisfaction of the most immediate needs of the population hardest hit by the conflict and of former combatants of both Parties, and the reconstruction of damaged infrastructure. In particular, in the context of the corresponding national programmes, measures shall be taken to facilitate the reintegration of FMLN into the country’s civil, institutional and political life, including fellowship, employment and pension programmes, housing programmes and programmes for starting up new businesses.

The Plan shall pay special attention to the need to promote job creation on a massive scale and to increase the production of basic foodstuffs, which shall be a priority for the State. To that end, the Government shall promote the integrated development of agricultural, stockbreeding, fisheries, forestry and agro-industrial activities, guarantee the provision of basic social services and launch the construction and rehabilitation of economic and social infrastructures. The National Reconstruction Plan shall also include programmes for the war-disabled and the relatives of victims among the civilian population.

Given the magnitude of the additional resources that will be required for the implementation of the Plan, both Parties appeal to the international community to lend its fullest support to the fund-raising effort. To this end, a national reconstruction fund shall be established, to be supported by the United Nations Development Programme.

The role of UNDP shall include advising the Government on all matters relating to the mobilization of external support, assisting in the preparation of projects and programmes likely to attract such support, facilitating

approaches to official bilateral and multilateral agencies, mobilizing technical assistance and cooperating with the Government in harmonizing the Plan with the activities of non-governmental organizations involved in local and regional development activities.

Media Reform: Chapultepec Peace Agreement

Written by

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter VI: Political Participation by FMLN

The following agreements have been reached concerning political participation by FMLN, and shall be subject to the implementation timetable contained in this Agreement:

4. Granting of licenses for FMLN mass media.

Annex F: Use of the mass media to promote reconciliation

For the purpose of assisting the process of détente and reconciliation:

A. Once this Agreement is signed, the Government shall not jam FMLN radio stations.

B. As from D-day, both Parties undertake to:

a. Promote, through the various mass media at their disposal, a national publicity campaign in favour of the reunification and reconciliation of Salvadorian society.

b. Refrain from any propaganda or information policy that is inconsistent with this Agreement or with the process of détente and reconciliation.

C. COPAZ shall monitor the above undertakings and shall transmit to the Parties any recommendations it deems relevant. It may also make suggestions for the participation of the various sectors of civilian society and, in particular, the mass media in the national reconciliation campaign.

D. ONUSAL shall verify fulfillment of these undertakings.

Internally Displaced Persons: Chapultepec Peace Agreement

Written by

AGREEMENT ON HUMAN RIGHTS (aka San Jose Agreement, 26 July 1990)

I. Respect for and Guarantee of Human Rights

7. Displaced persons and returnees shall be provided with the identity documents required by law and shall be guaranteed freedom of movement. They shall also be guaranteed the freedom to carry on their economic activities and to exercise their political and social rights within the framework of the country’s institutions.

Refugees: Chapultepec Peace Agreement

Written by

AGREEMENT ON HUMAN RIGHTS (aka San Jose Agreement, 26 July 1990)

I. Respect for and Guarantee of Human Rights

7. Displaced persons and returnees shall be provided with the identity documents required by law and shall be guaranteed freedom of movement. They shall also be guaranteed the freedom to carry on their economic activities and to exercise their political and social rights within the framework of the country’s institutions

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter VI: Political Participation by FMLN

3. Full guarantees and security for the return of exiles, war-wounded and other persons currently outside the country for reasons related to the armed conflict.

Human Rights: Chapultepec Peace Agreement

Written by

AGREEMENT ON HUMAN RIGHTS (aka San Jose Agreement, 26 July 1990)

I. Respect for and Guarantee of Human Rights

The Government of El Salvador and the Frente Farabundo Martí para la Liberación Nacional (hereinafter referred to as “the Parties”),

Bearing in mind that the legal system of El Salvador provides for the recognition of human rights and the duty of the State to respect and guarantee such rights;

Considering also that the State has assumed obligations of this nature under the many international conventions to which it is a party;

Bearing in mind that the Frente Farabundo Martí­ para la Liberación Nacional has the capacity and the will and assumes the commitment to respect the inherent attributes of the human person;

Reiterating the common purpose, expressed in the Geneva Agreement, to guarantee unrestricted respect for human rights in El Salvador;

Further reiterating their willingness, also expressed in the Geneva Agreement, to submit in this matter to verification by the United Nations;

On the understanding that for the purposes of the present political agreement, “human rights” shall mean those rights recognized by the Salvadorian legal system, including treaties to which El Salvador is a party, and by the declarations and principles on human rights and humanitarian law adopted by the United Nations and the Organization of American States;

Have concluded the following agreement in pursuance of the initial objective of the Geneva Agreement:

1. All necessary steps and measures shall be taken immediately to avoid any act or practice which constitutes an attempt upon the life, integrity, security or freedom of the individual. Similarly, all necessary steps and measures shall be taken to eliminate any practice involving enforced disappearances and abductions. Priority shall be given to the investigation of any cases of this kind which may arise and to the identification and punishment of the persons found guilty.

2. The full guarantee of the freedom and the integrity of the person requires that certain immediate measures be taken in order to ensure the following:

a. No one may be arrested for the lawful exercise of his political rights;

b. An arrest may be made only if ordered by the competent authority in writing and in accordance with the law, and the arrest must be carried out by officers who are properly identified as such;

c. Anyone arrested must be informed while the arrest is being made of the reasons for the arrest and must be apprised without delay of the charge or charges against him;

d. No one shall be placed under arrest as a means of intimidation. In particular, arrests shall not be made at night, except in the case of individuals caught in flagrante delicto;

e. No one in custody shall be held incommunicado. Any person who has been arrested shall have the right to be assisted without delay by legal counsel of his own choosing and the right to communicate freely and privately with such counsel;

f. No one shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

3. In the course of the present negotiations, appropriate legal procedures and timetables shall be determined for the release of individuals who have been imprisoned for political reasons.

4. The fullest possible support shall be given to ensuring the effectiveness of the remedies of amparo and habeas corpus. To this end, the broadest possible publicity shall be given to this Agreement among the public at large and, in particular, among authorities or officers in charge of detention centres. Anyone who hampers the operation of these remedies or provides false information to the judicial authorities shall be punished.

5. The right of all persons to associate freely with others for ideological, religious, political, economic, labour, social, cultural, sporting or other purposes shall be fully guaranteed. Trade union freedom shall be fully respected.

6. Freedom of expression and of the press, the right of reply and the activities of the press shall be fully guaranteed.

7. Displaced persons and returnees shall be provided with the identity documents required by law and shall be guaranteed freedom of movement. They shall also be guaranteed the freedom to carry on their economic activities and to exercise their political and social rights within the framework of the country’s institutions.

8. All persons shall be guaranteed freedom of movement in the areas involved in conflict, and the necessary steps shall be taken to provide the inhabitants of such areas with the identity documents required by law. 9. The Parties recognize the necessity of guaranteeing the effective enjoyment of labour rights. This subject will be considered under the agenda item on economic and social problems.

II. International Verification

10. In accordance with the provisions of the Geneva Agreement and the agenda for the negotiations which was adopted in Caracas, the Parties hereby agree to the terms of reference for the United Nations human rights verification mission (hereinafter referred to as “the Mission”), as set out below.

11. The Mission shall devote special attention to the observance of the rights to life, to the integrity and security of the person, to due process of law, to personal liberty, to freedom of expression and to freedom of association.

In this context, a special effort shall be made to clarify any situation which appears to reveal the systematic practice of human rights violations and, in such cases, to recommend appropriate measures for the elimination of the practice to the Party concerned. The foregoing shall be without prejudice to any powers granted to the Mission to consider individual cases.

12. A Director designated by the Secretary-General of the United Nations shall be in charge of the Mission. The Director shall work in close cooperation with existing human rights organizations and bodies in El Salvador. He shall also be assisted by expert advisers. In addition, the Mission shall include as many verification personnel as may be necessary.

13. The purpose of the Mission shall be to investigate the human rights situation in El Salvador as regards acts committed or situations existing as from the date of its establishment and to take any steps it deems appropriate to promote and defend such rights. Accordingly, it shall perform its functions with a view to promoting respect for human rights and their guarantee in El Salvador and helping to do away with those situations in which such respect and guarantees are not duly observed.

14. The Mission’s mandate shall include the following powers:

a. To verify the observance of human rights in El Salvador;

b. To receive communications from any individual, group of individuals or body in El Salvador, containing reports of human rights violations;

c. To visit any place or establishment freely and without prior notice;

d. To hold its meetings freely anywhere in the national territory;

e. To interview freely and privately any individual, group of individuals or members of bodies or institutions;

f. To collect by any means it deems appropriate such information as it considers relevant;

g. To make recommendations to the Parties on the basis of any conclusions it has reached with respect to cases or situations it may have been called upon to consider;

h. To offer its support to the judicial authorities of El Salvador in order to help improve the judicial procedures for the protection of human rights and increase respect for the rules of due process of law;

i. To consult the Attorney-General of the Republic;

j. To plan and carry out an educational and informational campaign on human rights and on the functions of the Mission itself;

k. To use the media to the extent useful for the fulfilment of its mandate;

l. To report regularly to the Secretary-General of the United Nations and through him to the General Assembly.

15. The Parties undertake to give their full support to the Mission. To that end, they pledge:

a. To grant the Mission whatever facilities it may require for the performance of its functions;

b. To ensure the security of the members of the Mission and of such persons as may have provided it with information, testimony or evidence of any kind;

c. To provide, as expeditiously as possible, whatever information may be required by the Mission;

d. To give their earliest consideration to any recommendations made to them by the Mission;

e. Not to hinder the fulfillment of the Mission’s mandate.

16. Each of the Parties shall appoint a delegate to serve as liaison with the Mission.

17. Should the Mission receive communications referring to acts or situations which occurred prior to its establishment, it may transmit them, if it deems it appropriate, to the competent authorities.

18. The fact that a case or situation has been considered by the Mission shall not preclude the application thereto of international procedures for the promotion and protection of human rights.

19. Subject to any arrangements which must be made prior to its establishment, the Mission shall take up its duties as of the cessation of the armed conflict. The Mission shall be established initially for one year and may be renewed.

MEXICO AGREEMENT (27 April 1991)

II. Judicial system and human rights

1. Agreements on constitutional reforms designed to improve significant aspects of the judicial system and establish mechanisms for safeguarding human rights, such as:

a. Reorganization of the Supreme Court of Justice and a new procedure for the election of Supreme Court judges. Henceforth, a two-thirds majority of deputies elected to the Legislative Assembly shall be required to elect judges to the Supreme Court of Justice.

b. An annual allocation from the State budget to the judiciary amounting to no less than 6 per cent of current income.

c. Creation of the post of a National Counsel for the Defence of Human Rights, whose primary function shall be to promote and ensure respect for human rights.

d. Election of the Attorney-General of the Republic, the Chief State Counsel and the National Counsel for the Defence of Human Rights by a two-thirds majority of deputies elected to the Legislative Assembly.

NEW YORK AGREEMENT (25 September 1991)

IV. Doctrine of the armed forces

Agreement shall be reached on the redefinition of the doctrine of the armed forces based on the ideas that emerge from the agreements on this subject and from the constitutional reform. It is understood that the function of the armed forces is to defend the sovereignty of the State and the integrity of its territory, and that this doctrine should be based on the principle that the activities and regime of the armed forces shall be consistent with the principles deriving from the concept of the legally-constituted State governed by the rule of law, the primacy of the dignity of the human person and respect for human rights; defence of and respect for the sovereignty of the Salvadorian people; the concept of the armed forces as an institution in the service of the nation, free from all considerations of politics, ideology or social standing, and from all other forms of discrimination; and the subordination of the armed services to the constitutional authorities.

V. Training system for the armed forces

Full effect will be given in its entirety to the agreement reached in Mexico on 27 April 1991 whereby the professional training of personnel serving in the armed forces shall place emphasis on the pre-eminence of human dignity and democratic values, respect for human rights and the subordination of such forces to the constitutional authorities. The agreements reached in this respect shall comprise regulatory provisions guaranteeing the foregoing points as well as the admission and instruction systems.

Chapter II: National Civil Police

2. Doctrine

A. The legal regime, staff training, organizational lines, operational guidelines and, in general, the institutional definition and operation of the National Civil Police shall accord with democratic principles; the concept of public security as a service provided by the State to its citizens, free from all considerations of politics, ideology or social position or any other discrimination; respect for human rights; the effort to prevent crime; and the subordination of the force to the constitutional authorities. Citizens’ exercise of their political rights may not be impaired by police activities.

D. In the performance of their tasks, members of the National Civil Police shall respect and protect human dignity and shall preserve and defend the human rights of all persons.