Paramilitary Groups: Chapultepec Peace Agreement

Written by

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter I: Armed Forces

10. Paramilitary bodies

A. The Parties recognize the principle that any paramilitary force or group must be proscribed in a State governed by the rule of law.

B. Civil defence. Civil defence units shall be disbanded. This process shall be gradual and shall be subject to the implementation timetable for the peace agreements.

C. System of armed forces reserves. A new system of armed forces reserves shall replace the present system of territorial service, according to the following terms:

a. The system shall be responsible for the organization and functioning of the following aspects: (1) up-to-date registration of citizens in reserve status and citizens fit for military service;(2) updating of the military skills of reserves; (3) when necessary, calling reserves up for active duty to perform the mission entrusted to the armed forces by the Constitution.

b. The new system shall be under the authority of the Ministry of Defence.

c. Armed forces reserves may undertake missions only if assigned to active duty in the armed forces and in conformity with the Constitution, and shall not perform any function related to public security or monitoring of the population or the territory.

d. The laws, regulations and orders in force on this subject shall be made compatible with the terms of this Agreement.

D. Regulation of private security services. The Parties recognize the need to regulate the activities of all those entities, groups or persons who provide security or protection to private individuals, corporations or State institutions, in order to guarantee the transparency of their activities and also their strict subordination to the law and to respect for human rights. To that end:

a. A special law shall regulate the activities of entities, groups or persons who provide security or protection to private individuals, corporations or State institutions. That law shall establish the requirements which must be met in order to offer and provide such services; a system for the public registration of the staff, weapons and offices, if any, of such groups, entities or persons; appropriate oversight mechanisms, including their supervision by the National Civil Police; and, in general, the necessary limitations and prohibitions to ensure that such security services operate exclusively within the framework of the law.

b. The law shall also establish peremptory deadlines for fulfilling the above requirements, where relevant. Once those deadlines have expired, entities which have not fulfilled the above requirements shall be considered illegal and their members and organizers shall be subject to application of the corresponding legal penalties.

c. To that end, the Parties express their agreement with the outline of the preliminary legislative draft included as an annex to this Agreement, which they refer to COPAZ, together with the above considerations, for it to prepare the corresponding preliminary draft.

Prisoner Release: Chapultepec Peace Agreement

Written by

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

I. Respect for and Guarantee of Human Rights

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.

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: 2. Freedom for all political prisoners.

Chapter IX: Implementation Timetable

7.3 Release of political prisoners: D+30.

Reintegration: 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:

1. Adoption of legislative or other measures needed to guarantee former FMLN combatants the full exercise of their civil and political rights, with a view to their reintegration, within a framework of full legality, into the civil, political, and institutional life of the country.

2. Freedom for all political prisoners.

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.

4. Granting of licences for FMLN mass media.

5. Cessation of the armed conflict implies the commitment and the right of FMLN to full political participation, without any restrictions other than those deriving from the new institutional and legal framework established by the agreements reached during the negotiations.

6. Legalization of FMLN as a political party, through the adoption of a legislative decree to that end.

7. Guarantee that FMLN will be able to conduct its activities normally when it becomes a political party, meaning:

a. Freedom to canvass for new members;

b. The right to set up an appropriate infrastructure (premises, printing works, etc.);

c. Free exercise of the right of assembly and mobilization for FMLN leaders, activists and members;

d. Freedom for FMLN to purchase and use advertising space in the mass media.

8. Legal solution to the participation of FMLN members in COPAZ, once the latter formalizes its existence.

9. Special security measures Immediately after the signing of this Agreement, special security measures shall be taken to protect any FMLN leaders who may require such protection. The aforesaid measures, which may include their being accompanied by diplomatic personnel and also technical support from friendly Governments, shall offer all the facilities required for FMLN leaders to be able to organize their own security in accordance with the law. COPAZ shall supervise the arrangements agreed to herein and shall, if necessary, promote the adoption of the relevant legislative or other provisions to ensure that such security measures are fully effective and properly established. As part of its responsibility for the security of FMLN leaders, the Government of El Salvador shall provide the necessary facilities for implementing the agreed arrangements. ONUSAL shall verify the adoption of the above measures.

Disarmament: Chapultepec Peace Agreement

Written by

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter VII: Cessation of the Armed Conflict

Separation of forces

End of the military structure of FMLN and reintegration of its members, within a framework of full legality, into the civil, institutional and political life of the country.

26. Between D-Day + 6 and D-Day + 30, according to the phased programmes referred to in paragraph 14, FMLN shall concentrate in the 15 designated locations listed in annex D all arms, ammunition, mines, other explosives and military equipment belonging to its forces, both those concentrated during the first stage in the places listed in annex B and those belonging to its clandestine forces, and ONUSAL shall verify that they tally with the information given in the inventories it has received in accordance with paragraph 16.

27. In each of the 15 designated locations, all the arms and equipment mentioned above, save for the personal weapons and equipment of combatants present in the place, shall be kept in locked warehouses. Each warehouse shall have two locks, one key to which shall be kept by ONUSAL and the other by the FMLN commander in the place. ONUSAL shall verify the contents of such warehouses periodically to ensure that there has been no change in them.

28. During the CAC period, FMLN members shall keep their personal weapons and equipment as long as they remain in the designated locations. When they leave those places in order to be reintegrated, within a framework of full legality, into the civil, political and institutional life of the country, their personal weapons shall also be deposited in the locked warehouses referred to in the preceding paragraph. Combatants who are still in the designated locations when the programme for the destruction of arms, etc. provided for in the next paragraph begins, shall deposit their personal weapons and equipment in the locked warehouses, for verification by ONUSAL, immediately prior to their destruction according to a programme agreed with ONUSAL.

29. Between 15 and 31 October 1992, FMLN shall destroy all arms and equipment deposited in designated locations according to the arrangement described above, in the presence and under the sole supervision of ONUSAL and with its technical advice. Such destruction shall be carried out simultaneously in all 15 places designated for FMLN. FMLN shall dispose of the remains of the destroyed weapons.

Demobilization: Chapultepec Peace Agreement

Written by

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter VII: Cessation of the Armed Conflict

Separation of forces

9. The purpose of the separation of forces is to reduce the risk of incidents, to build trust and to allow ONUSAL to verify both parties’ compliance with this Agreement.

10. The separation of forces shall take place in two stages, so that the Salvadorian armed forces (FAES) fall back progressively from their present positions until deployed as they would normally be in peacetime and the FMLN forces are concentrated progressively in designated locations within conflict areas as determined in annex D.

11. During the first stage, which shall coincide with the five days following D-Day, FAES land forces shall go to the barracks, bases, existing semi-permanent facilities and other locations listed in annex A and FMLN forces, except for the combatants mentioned in paragraph 18, shall go to the places listed in annex B. The places listed in annexes A and B generally reflect the present deployment of the two parties’ forces.

12. The movements described in the preceding paragraph shall be made under the supervision of ONUSAL. Neither party shall do anything to prevent or jeopardize the movement of the other party’s forces during this period. ONUSAL military observers shall closely supervise all the places listed in annexes A and B and shall in principle be present 24 hours a day in each of those places as of D-

Day.

13. During the period between D-Day + 6 days and D-Day + 30 days, FAES land forces shall fall back to their peacetime positions as listed in annex C and FMLN forces, except for the combatants mentioned in paragraph 18, shall fall back to the locations indicated in annex D. The precise designation of such locations shall be determined by the ONUSAL Chief Military Observer, in consultation with the two parties, during the informal cease-fire period.

14. The movements described in the preceding paragraph, which shall also be supervised by ONUSAL, shall be carried out according to phased programmes agreed between the ONUSAL Chief Military Observer and the two parties during the informal cease-fire period, through the joint working group to which reference is made in paragraph 32. During this task, the group shall be guided as appropriate by the agreed timetable for the implementation of the agreements reached.

15. As soon as possible after the signing of this Agreement but no later than two weeks before D-Day, the FAES shall transmit to the ONUSAL Chief Military Observer detailed information on the number of their troops and weapons to be concentrated in the places listed in annex A.

16. As soon as possible after the signing of this Agreement but no later than two weeks before D-Day, FMLN shall supply the ONUSAL Chief Military Observer with detailed information on its troop strength and inventories of arms, ammunition, mines, other explosives and military equipment located anywhere within the national territory. These arms, etc. shall be concentrated in the places listed in annex B, with the exception of those of its clandestine forces, which shall be concentrated in the places listed in annex D during the second stage of the separation of forces.

17. Upon completion of the first stage of the separation of forces, that is, as of D-Day + 6, ONUSAL shall verify that all troops and military equipment declared by the parties, other than the arms, etc. referred to in the last sentence of the preceding paragraph, have been concentrated in the locations listed in annexes A and B. ONUSAL shall investigate any report or allegation of the presence of troops or military equipment in any place other than those locations, apart from the movements authorized in paragraphs 20-22.

18. The arrangements just described relate to FAES land forces and FMLN forces as defined in paragraph 11. Although it is not possible, for practical reasons, to arrange a similar separation of clandestine forces, the latter shall remain fully subject to the undertaking to refrain from carrying out any hostile act or operation. As provided in paragraph 6, any alleged violation of this undertaking shall be investigated by ONUSAL.

19. As of D-Day, the naval and air force components of the FAES shall refrain from carrying out any offensive operation. They shall carry out only such non-hostile missions as are necessary for the discharge of their duties unrelated to the armed conflict. ONUSAL shall be advised in advance of all military flight plans. Such flights shall not be carried out over places where FMLN forces have been concentrated.

20. During the CAC period, ONUSAL liaison officers shall be posted in FAES units, bases and barracks to coordinate in advance the movements of FAES forces throughout the national territory and to verify that such movements will neither violate the cease-fire nor jeopardize in any other way the process of implementing this Agreement.

21. With special reference to FAES forces deployed near places where there are FMLN forces, in other words, those listed in appendix 1 to annex A and those listed in appendix 1 to annex C, the Government agrees that such forces shall be authorized to leave their locations only with the consent of ONUSAL and for the following purposes:

a. To carry out troop rotations and relief;

b. To carry out liaison and coordination activities between commands at battalion level and above;

c. To deliver logistical supplies;

d. To take part in programmes for the deactivation, removal and destruction of mines;

e. To go on leave or seek medical care or for other humanitarian reasons, individually, in civilian clothing and unarmed. However, ONUSAL shall not grant permission for any movement, even in the above cases, if it believes that such movement could jeopardize the cease-fire or other aspects of this Agreement or disturb the process of détente and reconciliation. Forces that leave their locations for the purposes listed in paragraphs (a), (b), (c) and (d) shall be accompanied by ONUSAL, which shall verify that such movements are in keeping with this Agreement.

22. Similarly, during the CAC period ONUSAL liaison officers shall be posted in the listed locations where FMLN forces are to be concentrated in order to coordinate movements by those forces. FMLN agrees that its forces may leave the locations in question only with the consent of ONUSAL and for the following purposes:

a. To carry out liaison and coordination activities between its high command and the commands of the forces stationed at the various locations indicated;

b. To supply provisions, clothing or vital necessities;

c. To take part in programmes for the deactivation, removal and destruction of mines;

d. To go on leave or seek medical care or for other humanitarian reasons, individually, in civilian clothing and unarmed. However, ONUSAL shall not grant permission for any movement, even in the above cases, if it believes that such movement could jeopardize the cease-fire or other aspects of this Agreement or disturb the process of détente and reconciliation. Forces that leave their locations for the purposes listed in paragraphs (a), (b) and (c) shall be accompanied by ONUSAL, which shall verify that such movements are in keeping with this Agreement.

23. ONUSAL shall verify that the supplies delivered to each party do not include lethal articles. However, the FAES shall be allowed to maintain stocks of ammunition normal for peacetime. The mechanisms for such verification shall be established by the ONUSAL Chief Military Observer in consultation with the two parties.

24. During the cease-fire, COPAZ shall systematically evaluate the progress being made in implementing the Agreements. If it notes that a situation is developing which might result in a crisis, it shall draw such conclusions and make such recommendations as may be necessary to prevent a collapse of the cease-fire or a crisis of public order. It shall transmit its conclusions and recommendations to the Chief of ONUSAL.

25. Should a public order crisis occur despite the above provisions and if the normal means for the maintenance of domestic peace and public security have been exhausted, with the result that the President of the Republic deems it necessary to make use of the exceptional measures provided for in the amendment to article 168 (12) of the Constitution adopted in April 1991, the President shall, before giving the relevant order, inform the Chief of ONUSAL to enable him to make any appropriate remarks. The actions of the FAES under such circumstances shall be monitored closely by ONUSAL to ensure that they are consistent with all the peace Agreements.

Chapter IX: Implementation Timetable

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.”

Police Reform: Chapultepec Peace Agreement

Written by

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter II: National Civil Police

1. Establishment of the National Civil Police

The National Civil Police shall be established in accordance with the constitutional reform resulting from the Mexico Agreements. The National Civil Police shall be a new force with a new organization, new officers, new education and training mechanisms and a new doctrine.

A. The National Civil Police shall be the only armed police body with national jurisdiction. Its mission shall be to protect and safeguard the free exercise of the rights and freedoms of individuals, to prevent and combat all types of crimes, and to maintain internal peace, tranquility [sic], order and public security in both urban and rural areas.

B. In accordance with the provisions of the New York Agreement, the organization of the National Civil Police and the general outlines of its staff profile shall be determined, on the terms set forth in this Agreement, under close international cooperation and supervision, coordinated by the United Nations.

2. Doctrine

A. The legal regime, staff training, organizational lines, operational guidelines and, in general, the institutional definition end 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 tights may not be impaired by police activities.

B. The National Civil Police shall be a professional body, independent of the armed forces and free from all partisan activity. Without prejudice to the tight of its members to make, as citizens, their own political choicest they shall not be able to use their status for partisan purposes.

C. Members of the National Civil Police shall at all times observe the duties imposed on them by law , serving the community and protecting all persons from illegal acts, in keeping with the high degree of responsibility required by their profession.

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.

E. Members of the National Civil Police may use force only when strictly necessary and to the extent required for the fulfillment of their tasks.

F. Questions of a confidential nature of which members of the National Civil Police have knowledge shall be kept secret, unless compliance with duty or the needs of justice strictly demand otherwise.

G. No member of the National Civil Police may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor invoke the orders of a superior or special circumstances, such as a state of war or threat of war, threats to national security, internal political instability or any other public emergency to justify torture or other cruel, inhuman or degrading treatment or punishment.

H. All orders from above shall be in keeping with the laws of the Republic. Obeying the orders of a superior is no justification for committing acts which are clearly punishable.

I. Members of the National Civil Police shall ensure full protection of the health of persons in their custody and, in particular, shall take immediate steps to provide medical care when necessary.

J. Members of the National Civil Police shall not commit any act of corruption. They shall also strongly oppose such acts and shall combat them.

K. Members of the National Civil Police who have reason to believe that a breach of these rules of conduct has occurred or is about to occur shall so inform their superiors and, if necessary, any authority or appropriate agency having powers of control or correction.

L. In the performance of their functions, members of the National Civil Police shall, as far as possible, utilize non-violent means before resorting to the use of force an8 firearms. They may use force and firearms only when other means prove ineffective or do not in any way guarantee the achievement of the legitimate anticipated result.

M. Members of the National Civil Police shall not use firearms against people except in self-defence or in defence of other people, or in case of imminent danger of death or serious injury or with the intention of preventing the commission of a particularly serious crime involving a serious threat to life, or for the purpose of arresting a person who represents such a threat and resists their authority, and only where less extreme means prove insufficient to achieve such objectives. In any case, lethal weapons may be used intentionally only when strictly unavoidable for the protection of a life.

N. As part of the performance of their duty to safeguard the exercise of the rights of individuals, members of the National Civil Police shall protect the exercise of the right of assembly and demonstration. When, for legal reasons, they are compelled to break up a demonstration or a meeting, they shall use the least dangerous means and only to the minimum extent necessary. Members of the National Civil Police shall refrain from using firearms in such cases, save where the meetings are violent and other means have been exhausted, and only under the circumstances provided for in the preceding paragraph.

3. Functional and Territorial Structure

The functional and territorial structure to be adopted by the National Civil Police is defined in the following general framework. This structure shall be reflected in the organizational chart and in the law on the organization of the National Civil Police.

A. General legal framework

a. National Civil Police authorities

(1) The National Civil Police shall be under the control of civilian authorities (art. 168, para. 17, of the Constitution). These shall be: the President of the Republic, the Minister, the Vice-Minister, the Director-General of the Police, the Deputy Directors-General, the Inspector General, the division of chiefs of each service and the chiefs of departmental delegations.

(2) the Director-General of the National Civil Police shall be appointed by the President of the Republic. He may be dismissed by the resolution of the Legislative Assembly for serious violations of human rights. The leadership of the National Civil Police shall be civilian.

(3) without prejudice to the provisions of this chapter concerning the transitional regime, the National Civil Police shall be placed under the authority of a new Ministry of the Interior and Public Security. To that end, the existing Ministry of the interior shall be restructured. A Vice-Ministry of Public Security shall be established and shall be responsible for relations with the National Civil Police. The public security structure shall be entirely new.

b. Nature of the organization

The National Civil Police shall have a centralized organization. in that it will be structured at the national level in such a way as to cover all tasks assigned to the police. Its operation, on the other band, shall be decentralized, because there shall be departmental police delegations in accordance with the administrative divisions of the country.
Owing to the nature of the functions assigned to certain units which belong organizationally to the National Civil Police, these unite may remain under the functional control of other authorities, under the terms set forth in this chapter.

B. Organs reporting to the Director-General

a. Offices of Deputy Directors-General

b. The General Inspectorate

Under the authority of the Director-General, the General Inspectorate of Police shall be responsible for monitoring and supervising the activities of the operational services of the force.
The Inspector General shall be appointed by the Director-General, in consultation with the Attorney-General of the Republic and the National Counsel for the Defence of Human Rights.
The General Inspectorate shall comprise a Monitoring Division, which shall have the function of monitoring all police services, and a Disciplinary Investigation Division, which shall have the function of investigating breaches of discipline by police officers.

c. Legal advisory services

These services shall be staffed by legal experts specialized in police matters. They shall be organized in accordance with the needs of the various functional and territorial police structures.

d. International legal advisory services

International legal advisory services shall be staffed by suitable personnel and high-level specialists. They shall be coordinated by the United Nations and are envisaged as a transitional arrangement.

C. Office of the Deputy Director-General for Operations

a. Divisions

(1) Public Security Division

The Public Security division shall be responsible for the maintenance of tranquility [sic], order and public security. It shall have the following departments: prevention, traffic, public order, control of private security, juveniles and general coordination with departmental delegations.

(2) Criminal Investigation Division

Under the functional control of the Attorney-General of the Republic, the Criminal Investigation Division shall responsible for investigating criminal acts and gathering evidence to identify the perpetrators of such acts. It shall also carry out investigations and other activities within its field of competence as required by the Attorney-General of the Republic, judges and courts.
The Chief of the Division shall be appointed by the Director-General of the National Police, in consultation with the Attorney-General and the President of the Supreme Court of Justice.
The spheres of operation of this Division shall be organized on the basis of punishable offences having the greatest social impact. It shall also have technical support departments.
The legal regime applicable to this Division shall be harmonized with the provisions of the Constitution concerning auxiliary organs of the system of justice.

(3) Frontiers Division

This Division shall be responsible for monitoring and supervising the admission, departure, activities and expulsion of aliens and the migration of nationals and for the monitoring and supervision of public and private civilian airports, without prejudice to the constitutional duty of the armed forces to defend the integrity of the territory of the State.

(4) Finance Division

Under the functional control of the Ministry of Finance and without prejudice to the fiscal oversight or other functions performed by it, this Division shall be responsible for preventing and combating infringements of tax law. It shall be the police support organ of the Ministry of Finance. It shall have two departments: customs and taxes.
The Finance Division shall be the only police organ with competence in the areas of customs and taxes. Consequently, following its entry into operation, all provisions and structures incompatible with this principle shall cease to exist.
The Chief of the Finance Division shall be appointed by the Director-General of the National Police with the prior approval of the Minister of Finance.

(5) Arms and Explosives Division

This Division shall be responsible for preventing and combating infringements of the constitutional and legal regime on the manufacture, import, export, trading, possession and bearing of weapons, ammunition, explosives and similar articles.

(6) Division for the Protection of Eminent Persons

This Division shall be responsible for protecting and escorting senior State officials; foreign dignitaries visiting the country and other persons on the basis of decisions of the Government or of the courts and for guarding public buildings and the offices of diplomatic missions or international organizations.

(7) Environment Division

Under the functional central of the Ministry of Agriculture and Livestock, this Division shall he responsible for preventing and combating crimes and misdemeanours against the environment.
The Chief of the Environment Division shall be appointed by the Director-General of the National Civil Police with the prior approval of the Minister of Agriculture and Livestock.

b. Territorial distribution

One police delegation per department and one metropolitan delegation for San Salvador shall be established. The headquarters of delegations shall be located in departmental capitals. Within each delegation, there-may also be sub-delegations located in the main urban centres and also police posts in rural areas.

(1) Departmental delegations

The chiefs of departmental delegations shall have authority over all the units in their department. They shall be appointed by the Director-General of the National Police on the proposal of the Deputy Director-General for Operations , who shall be their direct supervisor. The organizational structure of delegations shall be adapted to the needs of each department.

(2) Sub-delegations and police posts

Sub-delegations shall be established in urban centres and shall be organized on the basis of local needs. Police posts shall operate in rural areas.
D. Office of the Deputy Director-General for Management
The Office of the Deputy Director-General for Management shall be responsible for implementing and coordinating the administrative and logistical support activities of the police. Its initial structure shall consist of the following divisions:

– Infrastructure Division
– Data-Processing Division
– Administration Division
– Logistics Division
– Planning and Budget Division4. Personnel of the National Civil Police

The personnel of the National Civil Police shall be organized on the basis of a hierarchized manning table with three levels: basic, executive and senior. Each level shall consist of the ranks determined by law. The staff profile and general regime shall be in keeping with the terms of this Agreement.

A. Profile

a. Personnel of the National Civil Police must have a vocation of service to the community, a capacity for human relations and emotional maturity, and the conduct and physical condition required to serve as a police officer. They must also be suited to serving in a police force which is designed, structured and operated as a civilian institution with the purpose of protecting and guaranteeing the free exercise of the rights and freedoms of individuals; preventing and combating all types of crimes; and maintaining internal peace, tranquility [sic], order and public security. They must also be able to adjust their conduct satisfactorily to the doctrine and legal regime of the National Civil Police.
Both admissions to the National Public security Academy and final admission to the police force shall require checking the profile of candidates. Specific evaluation criteria shall be established for this purpose, with rigorous standards set for each level of responsibility.

b. Educational level

(1) Basic level.

(a) Police officers must have completed the ninth grade of education.

(b) Police sergeants must hold a high school diploma

(2) Executive level. The successful completion of three years of university studies or their equivalent is required.

(3) Senior level. A university degree or its equivalent is required.

c. General requirements for admission to the Academy

In order to enter the National Public Security Academy, applicants are required to:

(1) Be Salvadorian by birth.

(2) Have reached the age of 18 before submitting the application.

(3) Have completed the level of studies required for the category concerned.

(4) Be physically fit.

(5) Have full exercise of their civic rights.

(6) Have no criminal record, i.e. convictions resulting from a final verdict.

(7) Pass the entrance examinations, which shall be designed to ensure that candidates fit the profile required to belong to the National Civil Police, according to each of the levels of responsibility defined in this chapter. The entrance examinations shall consist of a test of general knowledge, a physical examination, a medical examination and a psychological examination. These examinations shall be supplemented by personal interviews with the candidates.

d. The preparation of the examinations referred to in the preceding paragraph and the formation of the boards of examiners responsible for administering them shall be carried out on the basis of exclusively technical criteria.

e. Special emphasis shall be placed on the training of police personnel, so that they are given the best possible preparation and are trained to perform their duties in strict conformity with the doctrine of the police force, with special emphasis on unrestricted respect for human rights.

B. General Regime

a. Members of the National Civil Police shall be career professionals and agent8 of authority.

b. The duties, tights, responsibilities and disciplinary regime of the members of the National Civil Police shall be determined by law.

c. Members of the National Civil Police shall be require& to serve in any part of the national territory.

d. Members of the National Civil Police shall wear the regulation uniform whenever they are on active duty. In exceptional cases, the Minister, or in his absence, the Vice-Minister or the Director-General may give authorisation for not wearing uniforms for certain tasks.

e. Members of the National Civil Police shall bear firearms when warranted by the needs of the service. They shall use only small arms, which are appropriate to police duties ad cannot be considered war materiel. Special weapons shall be stored in the arsenal of the National Civil Police, to be used by personnel trained for this purpose when, in the opinion of the Minister concerned or, in his absence, of the Vice-Minister or the Director-General, special circumstances exist which require their use.

f. Members of the National Civil Police shall respect the Constitution and the law and shall at all times adjust their conduct to the doctrine of the force, as defined in this Agreement.

g. Members of the National Civil Police shall not normally be required to live in barracks. Such a regime shall be applied only in exceptional circumstances and for the time strictly necessary.

h. The law shall define the regime of labour rights of members of the National Civil Police, bearing in mind the nature of the function they are required to perform.

i. Members of the National Civil Police shall enjoy job security. They may not be dismissed except for specific legal reasons.

j. Members of the National Civil Police shall be entitled to a level of remuneration that ensure8 a decent standard of living for themselves and their families and also accords with their rank and length of service.

k. Vehicles, communications systems, uniforms, facilities and, in general, any equipment used by members of the National Civil Police shall be suited to the requirement of a police force of the type defined in this Agreement.

5. National Public Security Academy

A. The National Public Security Academy shall be responsible for:

a. Basic training, training of middle-ranking and senior officers and specialized training of the National Civil Police.

b. Selecting personnel for the National Civil Police.

c. Investigating, studying and publicizing matters relating to the National Civil Police and public security.

d. Making an annual evaluation of all National Civil Police personnel.

B. National Public Security Academy hall be an autonomous body placed directly under the authority of the Minister concerned.

C. National Public Security Academy shall be run by a Director-General and an Academic Council. The Academic Council shall perform standard-setting and comptrolling functions in its sphere of competence. The Director-General shall be President of the Academic Council and shall exercise the executive and administrative powers of the Academy.

D. The Director-General shall be appointed by the President of the Republic.

E. The Academic Council shall consist of civilians prominent in civilian, cultural, legal, technical, police or academic life, appointed by the President of the Republic on the proposal of the Minister concerned and on the basis of criteria of political pluralism.

F. The admissions system shall be determined by the Academic Council, which shall ensure that it is not discriminatory.

G. The teaching staff of the Academy shall be appointed by the Academic Council. No political tendency shall predominate among that staff. The law shall establish suitable mechanisms for ensuring this last goal.

6. Legal Regime

The National Civil Police and the National Public Security Academy shall each be regulated by special laws. To that en& the Parties express their general agreement with the proposed preliminary legislative drafts included as annexes to this Agreement (annexes II and III), provided that the proposed drafts do not depart from the Agreement. Consequently, in implementation of the New York Agreement, they hereby refer those proposals to COPAZ, along with this Agreement, for it to prepare the corresponding preliminary drafts.

7. Transitional Regime

A. Organization

a. During the transition, the National Civil Police shall not be attached to any Ministry. The Director-General shall be under the direct authority of the President of the Republic.

b. the National Civil Police shall be run by the Director-General, under the terms laid down in this Agreement and in the New York Agreement. Until the establishment of the national Civil Police has been legally formalized, the organizational work shall be done by a Coordinator hosen for his ability to receive wide acceptance.

c. During the transition, the Director-General of the National Civil Police shall be appointed by the President of the Republic from a list of three candidates proposed by the National Commission for the Consolidation of Peace (COPAZ).

d. The Coordinator and, subsequently, the Director-General, shall establish appropriate machinery for information and communication with COPAZ or, before the latter’s final formalization, with its transitional body, so that the Commission can perform its function of supervising the organization of the national Civil Police. As part of the normal exercise of its functions, COPAZ shall designate a subcommission to carry out this task, which shall serve as an advisory commission to the Coordinator or to the Director-General for the adoption of relevant decisions or measures concerning the organization of the National Civil Police, the assumption of its functions and, in general, matters relating to the transitional regime which have not been expressly resolved in this chapter.

e. In accordance with the provisions of the New York Agreement, the organization of the National Civil Police shall be determined, on the terms set forth in this Agreement, under close international cooperation and supervision, coordinated by the United Nations.

B. Assumption of functions

a. The National Civil Police shall take up its functions gradually, as contingents graduating from the National Public Security Academy make it possible to staff fully each of the functional and territorial structures provided for in this chapter. The Director-General shall determine the priorities and order according to which this assumption of functions shall take place.

b. The process of replacing the former security forces shall be carried out by geographical department, making sure that there are no gaps in authority. Within 21 months of the launching of this process, all departments must be covered by contingents of the National Civil Police.

c. During the first two years of the formation of the new force, the goal of 5,700 officers at the basic level and 240 at the executive and senior levels must be achieved. Over the following five years, the final figures for the National Civil Police, estimated tentatively at some 10,000 officers at the basic level and about 500 at the executive and senior levels, shall be attained.

d. While the first senior and executive of National Police Force are being trained, the Director-General may order the creation of provisional commands, exclusively for the National Civil Police, which shall act during a predetermined period and shall be supported by experts and advisers, under a programme of close international cooperation and supervision, coordinated by the United Nations, on the terms laid down in this Agreement.

e. While the progressive development of the new force is taking place under the terms laid down in this Agreement, he existing National Police shall continue to perform its current public security functions, with the exception laid down in the next paragraph. The National Police shall be the only one of the current public security forces to retain functions of this nature during the transitional period. The international verification of agreements to be undertaken by the united Nations through ONUSAL shall include the activities of a group of specialists from countries with experience in the organization and operation of civilian police forces. The tasks of those specialists shall include, in addition to cooperating in ensuring a smooth transition and assisting police authorities, that of accompanying officers and members of the National Police in the performance of their duties.

f. During the progressive deployment of the new force to zones which were traditionally conflict zones during the armed conflict, public security in those zones shall be subject to a special regime to be determined by the Director-General of the National Civil Police. That regime shall, in any case, envisage activities by the group of specialists referred to in the preceding paragraph.

g. Personnel of the National Civil Police graduating from the National Public Security Academy shall be subject to the general rule laid down in this chapter that police shall not be required to live in barracks. During the initial period, however, exceptions may be made where this is justified by lack of personnel in the early phases of the deployment of the new force. This exceptional regime may not be extended under any circumstances beyond 31 December 1993.

h. In any case, during the preparatory phase and, in general, during the transitional period until the National Police is completely replaced by the National Civil Police, the role of international advisory services and verification shall be strengthened.

C. National Public Security Academy

a. During the transition, the National Public Security Academy shall not be attached to any Ministry. Its Director shall be under the direct authority of the President of the Republic.

b. During the transition, the Director-General of the National Public Security Academy shall be appointed by the President of the Republic from a list of three candidates proposed by COPAZ.

c. COPAZ shall determine how many members the Academic Council of the National Public Security Academy should have during the transition. In this same period, those members shall be appointed by the President of the Republic from lists of three candidates propose by COPAZ. In any case, the Council shall consist of civilians prominent in civilian, cultural, legal, police or academic life, in accordance with this chapter. The lists proposed by COPAZ and the final appointments made by the President of the Republic must ensure pluralism of the Academic Council.

d. The admissions system shall be determined by the Academic Council, which shall ensure that it is not discriminatory.

e. Admission shall be contingent on passing the entrance examinations provided for in section 4 of this chapter, adapted to the criteria and procedures referred to in the New York Agreement. The examinations shall be prepared on the basis of exclusively technical criteria and the formation of the boards of examiners responsible for administering them must be such as to ensure the juries’ absolute impartiality. To that end, where it is necessary to obtain additional technical resources because there are not enough suitable resources in the country, the support of experts shall be sought through the United Nations under the terms laid down in this Agreement, as indicated in the next paragraph of this section. COPAZ shall pay special attention to monitoring the fulfilment of this provision.

f. In selecting the initial academic personnel, every effort shall he made to find the best human resources available in Salvadorian society so as to provide a group of teachers which is sufficiently broad and pluralistic and of sufficiently high quality to give the new police force a cultural identity in keeping with its nature and doctrine. To that end, assistance shall be sought from university lecturers, expert jurists, doctors and other professionals involved in police matters. COPAZ shall establish appropriate mechanisms to ensure that no political tendency predominates in that academic body. Such mechanisms must be included in the preliminary bill on the National Public Security Academy.

g. In those areas of study where there are not sufficient teachers in the country to meet the initial needs of the Academy, the support of experts shall be sought through the United Nations under the terms laid down in this Agreement, as indicated in the following paragraph.
h. For the purposes of the recruitment, selection, preparation and training of new personnel, the support of experts from countries which are able to provide the assistance required for the needs of this process shall be sought through the United Nations, under the terms laid down in this Agreement.

D. Personnel

a. The criteria and mechanisms for the selection and training of personnel shall accord with the concept of the National Civil Police as a new force, with a new organization, new officers, new education and training mechanisms and a new doctrine. In this context, personnel who did not participate directly in the armed conflict shall be encouraged to join the force, without prejudice to the right of former members of the National Police and former FMLN combatants not to be discriminated against in the selection of such personnel and their right to join the National Civil Police under the terms of the New York Agreement and of this Agreement.

b. A publicity campaign to promote the recruitment of new personnel for the National Civil Police shall be designed and implemented as soon as possible. Special consideration shall be given to the recruitment of women.

c. Former members of the National Police may join the National Civil Police under the terms of this agreement, after an evaluation of their conduct, provided that they meet the admission requirements and go through the new National Public Security Academy. This evaluation shall be made by the Director-General of the National Civil Police, under the supervision of COPAZ, and shall be subject to verification by the United Nations.

d. Former PMLN combatants may join the National Civil police provided that they fulfil the admission criteria and procedures established for them by COPA and go through the new National Public Security Academy. As part of the verification of the cessation of the armed conflict, ONUSAL shall check that applicants who identify themselves in this category have actually and irrevocably abandoned the armed struggle. All this shall be supervised and guaranteed by COPAZ.

e. For the recruitment of personnel referred to in the preceding paragraphs, in the case of the basic level of the National Civil Police, the level of general knowledge and/or the zones in which personnel are to be recruited and serve shall be taken into account. Those who do not have the level of formal education required for admission must pass an aptitude and skills test to evaluate their ability to follow the study programmes of the National Public Security Academy satisfactorily. Special courses shall be organized to prepare for this test, under the auspices of the National Public Security Academy and with support from the Ministry of Education and the country’s universities.

f. For courses at the basic level, 330 recruits shall be selected per month, for a 6-month training course, during the first 24 months of the mass training programme. Candidates shall be selected in such a way as to ensure that most recruits did not participate directly in the armed conflict and that the proportion of former FMLN combatants is no greater than that of former members of the National Police, and vice-versa. COPAZ shall take special care to ensure that these requirements are met.

g. The recruitment of officers for the executive and senior levels of the National Civil Police shall be carried out by means of rigorous selection, in accordance with the criteria and procedures laid down in this Agreement, and shall fully respect the principles of equality of opportunity among applicants and non-discrimination. Courses shall last a year, according to the level and manning table concerned. A total of 120 officers shall be trained each year.

h. Posts at the executive and senior levels shall be allocated to graduates of the National Public Security Academy by the Director-General according to the needs of the service. However, the top five students each year shall be entitled to choose from the various vacant posts corresponding to the level of responsibility of their studies.

i. Without prejudice to the provisions of the preceding paragraph, zones that were traditionally conflict zones during the armed conflict shall be the object of special treatment designed to promote national reconciliation and stability during the transition. Such treatment shall involve the formation of police units comprising personnel of different origins who have graduated from the National Public Security Academy. The chiefs of the corresponding delegations shall be appointed following consultations with the advisory commission of COPAZ.

j. All personnel joining the National Police in accordance with this Agreement shall be considered to be civilians, regardless of their origin.

E. Any other matter relating to the transitional regime which has not been resolved by this Agreement or by other agreements already adopted by the Parties shall be decided by COPAZ, under the terms laid down in the New York Agreement.

Military Reform: Chapultepec Peace Agreement

Written by

MEXICO AGREEMENT (27 April 1991)

Political agreements elaborating on the constitutional reform

C. Armed forces

The political agreements on the armed forces are being referred for consideration under the corresponding item of the Caracas Agenda. Nevertheless, the Parties agree that those agreements shall include the following points:

1. The professional training of members of the defence and public security forces shall emphasize the pre-eminence of human dignity and democratic values, respect for human rights and the subordination of those forces to the constitutional authorities.

2. The secondary legislation on military jurisdiction shall be amended, where necessary, to ensure that under no circumstances shall any offences whose victims are civilians or include civilians be deemed to be purely military offences or misdemeanours and, likewise, that civilians shall not be subject to military jurisdiction under any circumstances, except in the case of military offences committed in connection with an international armed conflict involving El Salvador.

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter I: Armed Forces

1. Doctrinal principles of the armed forces

The doctrine for the armed forces, on the basis of the constitutional reform agreed to in April 1991,as defined by law, shall conform to the principles set forth below, and henceforth their institutional regime and educational system shall be based exclusively on those principles and their operations shall be bound by strict observance of them:

A. The mission of the armed forces is to defend the sovereignty of the State and the integrity of its territory, according to the terms of the regime defined for them by the Constitution and the laws. The performance of this mission is inseparable from democratic values and strict respect for all parts of the Constitution.

B. As established in the Constitution, the armed forces are a permanent institution in the service of the nation. They shall be obedient, professional, apolitical and non-deliberative. Their institutional regime and operations shall also be consistent with the principles deriving from the rule of law, the primacy of the dignity of the human person and respect for human rights; respect for and defence of the sovereignty of the Salvadorian people; the concept of the armed forces as an institution free from all considerations of politics, ideology or social position or any other discrimination; and the subordination of the armed forces to the constitutional authorities.

C. The armed forces owe respect to the political order determined by the sovereign will of the people and all political or social changes generated by that will, in accordance with democratic procedures consistent with the Constitution. Their institutional regime and operations shall be defined in terms ensuring a harmonious relationship at all times with civilian society and the normal activities of their members as part of that society.

D. As a State institution, the armed forces play an instrumental, non-decision-making role in the political field. Consequently, only the President of the Republic and the basic organs of government may use the armed forces to implement the provisions they have adopted, within their respective constitutional areas of competence, to enforce the Constitution. Similarly, those authorities have exclusive competence to verify whether the political or social changes referred to in the preceding paragraph are consistent with the Constitution.

E. The doctrine of the armed forces is based on a distinction between the concepts of security and defence. National defence, the responsibility of the armed forces, is intended to safeguard sovereignty and territorial integrity against outside military threat. Security, even when it includes this notion, is a broader concept based on unrestricted respect for the individual and social rights of the person. It includes, in addition to national defence, economic, political and social aspects which go beyond the constitutional sphere of competence of the armed forces and are the responsibility of other sectors of society and of the State.

F. The maintenance of internal peace, tranquillity, order and public security lies outside the normal functions of the armed forces as an institution responsible for national defence. The armed forces play a role in this sphere only in very exceptional circumstances, where the normal means have been exhausted, on the terms established in the constitutional reform approved in April 1991.

2. Educational system of the armed forces

Reiterating fully their previous agreements, whereby the professional training of members of the armed forces shall emphasize the pre-eminence of human dignity and democratic values, respect for human rights and the subordination of such forces to the constitutional authorities, the Parties have reached the following agreements:

A. The legal framework of the armed forces educational and training system shall be defined on the basis of the provisions of articles 212 and 213 of the constitutional reform agreed to in April 1991.

B. The doctrinal framework of the armed forces educational system shall be defined by the doctrinal principles set forth in this chapter. Those principles shall be the doctrinal foundation of all armed forces educational and training programmes at all levels.

C. Curricula and study programmes for the training and education of the armed forces shall include, in addition to military and technical subjects, scientific and humanistic studies in order to provide an all-round education which gives students the necessary skills to participate actively in the institutional life of the country and promotes at all times an harmonious relationship with civilian society, as well as their normal activities as members of that society.

D. In order to attain fully the goals outlined in the preceding paragraph, members of the armed forces shall be encouraged to take professional and postgraduate courses at the country’s universities.

E. The Military College shall be run on a collegiate basis in teaching matters. Its Director shall be the President of an Academic Council which shall include members of the military and civilians from the academic world. Members of the Academic Council shall be appointed by the President of the Republic.

F. COPAZ shall decide on the number of members of the Academic Council, which shall comprise an equal number of civilians and military personnel.

G. Civilian members of the Academic Council shall be appointed by the President of the Republic, on the basis of criteria of political pluralism, from lists of three candidates proposed by COPAZ.

H. The teaching staff shall be appointed by the Academic Council, which shall ensure that no political tendency predominates among that staff.

I. The Director of the Military College shall be appointed by the President of the Republic.

J. The admissions system shall be determined by the Academic Council, which shall ensure that it is not discriminatory.

K. COPAZ shall oversee, in particular, the implementation of paragraphs (G), (H) and (J), under the terms laid down in the New York Agreement of 25 September 1991.

3. Purification

The Parties agree to a process of purification of the armed forces, within the framework of the peace process and with a view to the supreme objective of national reconciliation, based on evaluation of all members of the armed forces by an ad hoc Commission.

A. The evaluation shall take into account the past performance of each officer, including, in particular: (1) his record of observance of the legal order, with particular emphasis on respect for human rights, both in his personal conduct and in the rigour with which he has ordered the redress and punishment of unlawful acts, excesses or human rights violations committed under his command, especially if there have been serious or systematic omissions in the latter respect; (2) his professional competence; and (3) his capacity to function in the new situation of peace, within the context of a democratic society, and to promote the democratization of the country, guarantee unrestricted respect for human rights and reunify Salvadorian society, which is the common purpose agreed upon by the Parties in the Geneva Agreement. The existence of serious deficiencies in any one of the above-mentioned areas could be sufficient grounds for the ad hoc Commission to take the decisions required under paragraph (G) of this section.

B. The evaluation shall be carried out by a rigorously impartial ad hoc Commission composed of three Salvadorians of recognized independence of judgement and unimpeachable democratic credentials. It shall also include two officers of the armed forces with impeccable professional records, who shall have access only to the deliberations of the Commission; they shall not have access to the investigation phase to be carried out by the ad hoc Commission, nor be involved in the final phase of the investigation, but they may have access to its conclusions.

The selection of the three civilian members of the ad hoc Commission is the result of a process of consultations carried out by the Secretary-General of the United Nations, the outcome of which has already been communicated to both Parties. The President of the Republic shall issue, within five days from the signing of this Agreement, his endorsement giving legal form and force to the Commission. If necessary, the same procedure shall be used to replace any member of the Commission who is permanently unable to serve. The two officers of the armed forces who are to participate in the ad hoc Commission on the conditions indicated above shall be appointed by the President of the Republic.

C. The Commission on the Truth established by the Mexico Agreements of 26 April 1991 (hereinafter referred to as “the Commission on the Truth”) may appoint an observer to the ad hoc Commission.

D. The ad hoc Commission shall be provided with such civilian support staff as it considers necessary.

E. The Ministry of Defence and Public Security, 1 as well as any public entity, shall supply the ad hoc Commission with any information it requests, including information on the service record of each officer. In any case, the ad hoc Commission may avail itself of information from any source which it considers reliable.

F. The ad hoc Commission shall adopt and, where necessary, request the adoption of any measure which, in its view, is necessary for its own safety and to ensure the safety and physical and moral integrity of persons who, in any form or manner, cooperate with it in the fulfilment of its mission.

G. The ad hoc Commission shall adopt its conclusions, after hearing the parties concerned, on the basis of the provisions of paragraph (A) of this section. Its conclusions may include a change of duty station and, where necessary, the discharge of the staff evaluated.

H. The ad hoc Commission shall endeavour to adopt its decisions unanimously, but if this is not possible a vote by the majority of its members shall suffice.

I. The evaluation shall be extended to non-commissioned officers when, in the judgement of the ad hoc Commission, there is justification for doing so.

J. The ad hoc Commission shall conclude its evaluation within a maximum period of three months from the date of its establishment. The corresponding administrative decisions shall be taken within 30 days from the date on which the conclusions are communicated to the Government by the ad hoc Commission and shall be implemented within 60 days from that date.

K. The results of the evaluation shall not prevent the implementation of such recommendations as the Commission on the Truth may make at the appropriate time.

4. Reduction

The new situation of peace shall include the reduction of the armed forces to a size appropriate to their doctrine and to the functions assigned to them by the Constitution within the framework of the constitutional reform resulting from the Mexico Agreements. Accordingly, pursuant to the New York Agreement, the Government has submitted to the Secretary-General of the United Nations a plan for the reduction of the armed forces, which the Secretary-General has made known to FMLN. The implementation of the plan must have the practical consequence of making reductions in the various branches of the armed forces.

A. Organization

The organization of the armed forces shall be adapted to their institutional mission in peacetime, in keeping with the functions assigned to them by the Constitution. This means:

a. The type of units appropriate for performing the various tasks corresponding to that mission;

b. The appropriate structure, organization and equipment for such units by branch, service, category (rank) and speciality; and

c. Staffing requirements, by unit, mission and rank.

B. Units

a. Reduction of units shall be based on the reorganization of the armed forces. The number and type of units shall be in keeping with the new organization;

b. In any case, the reduction covers units established as a consequence of the conflict.

C. Personnel

The reorganization and the reduction of units involve cutting back personnel in the various categories, branches and services or specialities of the armed forces. The number of officers shall be reduced in accordance with the reduction plan and shall be commensurate with the normal needs of an army.

D. Matériel and equipment

Matériel and equipment shall be in keeping with the new organization, the doctrine and constitutional mission of the armed forces.

E. Facilities

Reduction involves the conversion, return or disposal of facilities no longer used by the armed forces.

F. Administrative and service structures

All administrative and service structures shall be adapted to the new situation of peace and to the doctrine and the new constitutional mission of the armed forces.

G. Military spending

5. End to impunity

The Parties recognize the need to clarify and put an end to any indication of impunity on the part of officers of the armed forces, particularly in cases where respect for human rights is jeopardized. To that end, the Parties refer this issue to the Commission on the Truth for consideration and resolution. All of this shall be without prejudice to the principle, which the Parties also recognize, that acts of this nature, regardless of the sector to which their perpetrators belong, must be the object of exemplary action by the law courts so that the punishment prescribed by law is meted out to those found responsible.

6. Public security forces

A. Under the constitutional reform resulting from the Mexico Agreements, the safeguarding of peace, tranquillity, order and public security in both urban and rural areas shall be the responsibility of the National Civil Police, which shall be under the control of civilian authorities. The National Civil Police and the armed forces shall be independent and shall be placed under the authority of different ministries.

B. According to the terms of chapter II of this Agreement, the National Civil Police shall be a new force, with a new organization, new officers, new education and training mechanisms and a new doctrine.

C. The National Guard and the Treasury Police shall be abolished as public security forces and their members shall be incorporated into the army.

7. Intelligence services

A. The National Intelligence Department shall be abolished and State intelligence services shall be entrusted to a new entity to be called the State Intelligence Agency, which shall be subordinated to civilian authority and come under the direct authority of the President of the Republic. During the transitional period, the Director of the State Intelligence Agency shall be a civilian appointed by the President of the Republic on the basis of his ability to attract broad acceptance. He may be dismissed by resolution of the Legislative Assembly on grounds of serious human rights violations.

B. The legal regime, staff training, organizational lines, operational guidelines and, in general, the doctrine of the State Intelligence Agency shall accord with democratic principles; the concept of State intelligence as a State function for the common good, free from all considerations of politics, ideology or social position or any other discrimination; and strict respect for human rights.

C. The activities of the State Intelligence Agency shall be restricted to those required for compiling and analysing information in the general interest, by the means and within the limits authorized by the legal order and, in particular, on the basis of strict respect for human rights.

D. The activities of the State Intelligence Agency shall be supervised by the Legislative Assembly, using the oversight mechanisms established by the Constitution.

E. Alternative employment and compensation shall be offered to staff currently attached to the National Intelligence Department who are not incorporated into the new State Intelligence Agency. International support shall be sought for that purpose.

F. The incorporation into the State Intelligence Agency of staff of the National Intelligence Department who so request shall be permitted only after rigorous evaluation of their past performance, abilities and capacity to adapt to the new doctrine. Such evaluation shall be made by the Director of the Agency, under the authority of the President of the Republic, with the support of international advisory services and United Nations verification.

G. The State Intelligence Agency shall be organized by its Director, under the authority of the President of the Republic.

8. Rapid deployment infantry battalions

The Parties recognize that the rapid deployment infantry battalions were created at a specific moment in the conflict and that their existence must therefore be reviewed as circumstances dictate. Consequently, they also recognize that the rapid deployment infantry battalions will not be needed in the new situation of peace, with the result that in these circumstances it will be possible to disband them and to redeploy or discharge personnel currently assigned to them.

9. Subordination to civilian authority

The President of the Republic, in exercise of the power of discretion conferred on him by the Constitution, may appoint civilians to head the Ministry of Defence. In any case, appointees must be persons fully committed to observing the peace agreements.

10. Paramilitary bodies

A. The Parties recognize the principle that any paramilitary force or group must be proscribed in a State governed by the rule of law.

B. Civil defence. Civil defence units shall be disbanded. This process shall be gradual and shall be subject to the implementation timetable for the peace agreements.

C. System of armed forces reserves. A new system of armed forces reserves shall replace the present system of territorial service, according to the following terms:

a. The system shall be responsible for the organization and functioning of the following aspects: (1) up-to-date registration of citizens in reserve status and citizens fit for military service; (2) updating of the military skills of reserves; (3) when necessary, calling reserves up for active duty to perform the mission entrusted to the armed forces by the Constitution.

b. The new system shall be under the authority of the Ministry of Defence.

c. Armed forces reserves may undertake missions only if assigned to active duty in the armed forces and in conformity with the Constitution, and shall not perform any function related to public security or monitoring of the population or the territory.

d. The laws, regulations and orders in force on this subject shall be made compatible with the terms of this Agreement.

D. Regulation of private security services. The Parties recognize the need to regulate the activities of all those entities, groups or persons who provide security or protection to private individuals, corporations or State institutions, in order to guarantee the transparency of their activities and also their strict subordination to the law and to respect for human rights. To that end:

a. A special law shall regulate the activities of entities, groups or persons who provide security or protection to private individuals, corporations or State institutions. That law shall establish the requirements which must be met in order to offer and provide such services; a system for the public registration of the staff, weapons and offices, if any, of such groups, entities or persons; appropriate oversight mechanisms, including their supervision by the National Civil Police; and, in general, the necessary limitations and prohibitions to ensure that such security services operate exclusively within the framework of the law.

b. The law shall also establish peremptory deadlines for fulfilling the above requirements, where relevant. Once those deadlines have expired, entities which have not fulfilled the above requirements shall be considered illegal and their members and organizers shall be subject to application of the corresponding legal penalties.

c. To that end, the Parties express their agreement with the outline of the preliminary legislative draft included as an annex to this Agreement, which they refer to COPAZ, together with the above considerations, for it to prepare the corresponding preliminary draft.

11. Suspension of forcible recruitment

A. Any form of forcible recruitment shall be suspended when the cessation of the armed conflict comes into effect, pending the entry into force of the law referred to in the next paragraph.

B. A new law governing military service and reserve service shall be promulgated. That law shall establish as fundamental principles of military service that it shall be universal and compulsory and shall be imposed fairly and without discrimination.

C. Pursuant to the above, the law shall establish that all Salvadorians must present themselves at the proper time at the corresponding registration centres. Recruitment shall be effected exclusively by calling up individuals through the drawing of lots, and by registering volunteers. Military service may be performed over one continuous period or over several periods of time.

D. The above law shall envisage administrative penalties for failure to fulfil the obligations provided for therein and shall determine the grounds for temporary or permanent exemption from military service, equivalences between types of military service and other general provisions.

E. The law shall also regulate the armed forces reserves in accordance with paragraph (C) of section 10 of this chapter.

12. Preventive and promotional measures

Within the context of the objectives of this Agreement, the Parties recognize the need to adopt a number of measures designed to promote enhanced respect for the rules which must govern the armed forces and to prevent infringements of those rules. These measures include the following:

A. Supervision of armed forces operations by the Legislative Assembly.

B. Effective functioning of the Armed Forces General Inspectorate. The Inspector General shall be a member of the armed forces with an impeccable professional record, appointed by the President of the Republic.

C. Creation of an armed forces court of honour to try acts which, although not necessarily punishable, are contrary to military honour. This shall be without prejudice to the requirement that soldiers who have broken the law must be brought before the courts.

D. Amendment of the law penalizing unlawful enrichment to expressly include within its jurisdiction senior commanders of military units and those performing administrative functions at the same levels.

E. Cancellation of licences for private individuals to bear weapons that are for the exclusive use of the armed forces, and immediate recall of such weapons.

F. Dissemination of the doctrine of the armed forces so that the whole of society is familiar with it.

G. Adaptation of the legislation on the armed forces to the constitutional reform approved in April 1991, to the New York Agreement and to this Agreement.

13. Redeployment and discharge

A. Troops belonging to units that are to be abolished or disbanded shall be redeployed within the armed forces where such redeployment is compatible with the armed forces troop strength required by the objectives of this Agreement, and with the conclusions and recommendations of the ad hoc Commission provided for in section 3 of this chapter.

B. All troops discharged as a result of these agreements shall be given compensation equivalent to one year’s pay at their wage level and the Government shall promote projects permitting the integration of such individuals into civilian life.

Judiciary Reform: Chapultepec Peace Agreement

Written by

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.

2. Other issues raised in the negotiations were referred to secondary legislation and to other political agreements. Although the set of political agreements on the judicial system envisaged by the Parties in the Caracas Agenda has still to be negotiated, the following agreements have been reached during the current round:

a. National Council of the Judiciary

Agreement has been reached to restructure the National Council of the Judiciary so that its composition guarantees its independence from the organs of State and from political parties and its membership includes not only judges but also sectors of society not directly connected with the administration of justice.

b. Judicial Training School

The National Council of the Judiciary shall be responsible for organizing and operating the Judicial Training School, whose purpose shall be to ensure a steady improvement in the professional training of judges and other judicial officials.

c. Career judicial service

The secondary legislation shall contain provisions to ensure that admission to the career judicial service is based on mechanisms guaranteeing objective selection, equal opportunities for all candidates and the selection of the best-qualified candidates. Such mechanisms shall include competitive examinations and attendance at the Judicial Training School.

Political agreements elaborating on the constitutional reform

With a view to elaborating on some of the aspects which the agreed constitutional reform refers to secondary legislation, the Parties have agreed to the following:

A. Judicial system

a. Supreme Court of Justice

For the purposes of the appointment of judges to the Supreme Court of Justice as envisaged in the constitutional reform, the National Council of the Judiciary shall keep a list of 60 candidates representative of the main schools of legal thought, which shall be renewed after each election of judges. Thirty of the candidates shall be nominated by the lawyers associations of the different regions of the country.

b. National Council of the Judiciary

Agreement has been reached to restructure the National Council of the Judiciary as follows:

1. The composition of the National Council of the Judiciary shall be such as to guarantee its independence from the organs of State and from political parties, and to ensure as far as possible that its membership includes not only judges but also representatives of sectors of society not directly connected with the administration of justice. The act regulating the National Council of the Judiciary shall be amended to bring it into line with the provisions of this Agreement within 90 days following ratification of the constitutional reform by the Legislative Assembly whose term begins on 1 May 1991. A new National Council of the Judiciary shall be elected within 90 days following approval of that legislative reform.

2. The National Council of the Judiciary shall be responsible for organizing and operating the Judicial Training School, whose purpose shall be to ensure a steady improvement in the professional training of judges and other judicial officials and of members of the Office of the Attorney-General of the Republic; to investigate the country’s judicial problems and promote solutions thereto; and to foster greater bonds of solidarity among members of the judiciary and a coherent overall vision of the function of the judiciary in a democratic State.

c. Career judicial service

The secondary legislation on the career judicial service shall satisfy the following requirements:

1. The secondary legislation shall contain provisions to ensure that admission to the career judicial service is based on mechanisms guaranteeing objective selection, equal opportunities for all candidates and the selection of the best-qualified candidates. Such mechanisms shall include competitive examinations and attendance at the Judicial Training School.

2. Candidates shall be admitted to the career judicial service only if they fulfil the admission requirements established by law.

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter III: Judicial System

1. National Council of the Judiciary

A. The Parties reaffirm that, as already agreed in the Mexico Agreements, the composition of the National Council of the Judiciary shall be such as to guarantee its independence from the organs of the State and from political parties and its membership shall, as far as possible, include not only judges but also sectors of society not directly connected with the administration of justice. In accordance with the New York Agreement, they refer the matter to COPAZ to prepare the corresponding preliminary legislative draft.

B. Judicial Training School

a. Pursuant to the Mexico Agreements, the preliminary draft referred to in the preceding paragraph shall include provisions regulating the Judicial Training School, which shall function under the responsibility of the National Council of the Judiciary and whose purpose shall be to ensure a steady improvement in the professional training of judges and other judicial officials and of members of the Office of the Attorney-General of the Republic; to investigate the country’s judicial problems and promote solutions thereto; and to foster greater bonds of solidarity among members of the judiciary and a coherent overall vision of the function of the judiciary in a democratic State.

b. The rules for the administration and organization of the Judicial Training School shall be such as to ensure its academic independence and its openness to the various schools of legal thought.

2. Office of the National Counsel for the Defence of Human Rights

A. The National Counsel for the Defence of Human Rights shall be appointed within 90 days following the entry into force of the constitutional reform resulting from the Mexico Agreements.

B. COPAZ shall be entrusted with preparing the preliminary bill organizing the Office of the National Counsel for the Defence of Human Rights.

C. The preliminary bill shall establish appropriate means for putting into effect the firm commitment assumed by the Parties in the course of the negotiations to identify and eradicate any groups which engage in a systematic practice of human rights violations, in particular, arbitrary arrests, abductions and summary executions, as well as other attempts on the liberty, integrity and security of persons. This includes the commitment to identify and, where appropriate, abolish and dismantle any clandestine jail or place of detention. In any event, the Parties agree to give top priority to the investigation of such cases, under ONUSAL verification.

Dispute Resolution Committee: 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.

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.

Truth or Reconciliation Mechanism: Chapultepec Peace Agreement

Written by

MEXICO AGREEMENT (27 April 1991)

IV. Commission on the Truth

Agreement has been reached to establish a Commission on the Truth, which shall be composed of three individuals appointed by the Secretary-General of the United Nations after consultation with the Parties. The Commission shall elect its Chairman. The Commission shall be entrusted with the task of investigating serious acts of violence that have occurred since 1980 and whose impact on society urgently requires that the public should know the truth. The Commission shall take into account:

a. The exceptional importance that may be attached to the acts to be investigated, their characteristics and impact, and the social unrest to which they gave rise; and

b. The need to create confidence in the positive changes which the peace process is promoting and to assist the transition to national reconciliation.

The characteristics, functions and powers of the Commission on the Truth and other related issues are set forth in the corresponding annex.

Annex: Political Agreements Elaborating on the Constitutional Reform

Commission on the Truth:

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

Reaffirming their intention to contribute to the reconciliation of Salvadorian society;

Recognizing the need to clear up without delay those exceptionally important acts of violence whose characteristics and impact, and the social unrest to which they gave rise, urgently require that the complete truth be made known and that the resolve and means to establish the truth be strengthened;

Considering that, although the need to put an end to impunity was raised in the discussion on the item on the armed forces of the Agenda for the negotiations adopted at Caracas on 21 May 1990, the means of investigation which the Parties themselves have been prepared to set up are addressing situations whose complexity warrants independent treatment;

Agreeing on the advisability of fulfilling that task through a procedure which is both reliable and expeditious and may yield results in the short term, without prejudice to the obligations incumbent on the Salvadorian courts to solve such cases and impose the appropriate penalties on the culprits;

Have arrived at the following political agreement:

1. There is hereby established a Commission on the Truth (hereinafter referred to as “the Commission”). The Commission shall be composed of three individuals appointed by the Secretary-General of the United Nations after consultation with the Parties. The Commission shall elect its Chairman.

Functions:

2. The Commission shall have the task of investigating serious acts of violence that have occurred since 1980 and whose impact on society urgently demands that the public should know the truth. The Commission shall take into account:

(a) The exceptional importance that may be attached to the acts to be investigated, their characteristics and impact, and the social unrest to which they gave rise; and

(b) The need to create confidence in the positive changes which the peace process is promoting and to assist the transition to national reconciliation.

3. The mandate of the Commission shall include recommending the legal, political or administrative measures which can be inferred from the results of the investigation. Such recommendations may include measures to prevent the repetition of such acts, and initiatives to promote national reconciliation.

4. The Commission shall endeavour to adopt its decisions unanimously. However, if this is not possible, a vote by the majority of its members shall suffice.

5. The Commission shall not function in the manner of a judicial body.

6. If the Commission believes that any case brought to its attention does not meet the criteria set forth in paragraph 2 of this agreement, it may refer the case to the Attorney-General of the Republic, should it deem appropriate, for handling through the judicial channel.

Powers:

7. The Commission shall have broad powers to organize its work and its functioning. Its activities shall be conducted on a confidential basis.

8. For the purposes of the investigation, the Commission shall have the power to:

(a) Gather, by the means it deems appropriate, any information it considers relevant. The Commission shall be completely free to use whatever sources of information it deems useful and reliable. It shall receive such information within the period of time and in the manner which it determines.

(b) Interview, freely and in private, any individuals, groups or members of organizations or institutions.

(c) Visit any establishment or place freely without giving prior notice.

(d) Carry out any other measures or inquiries which it considers useful to the performance of its mandate, including requesting reports, records or documents from the Parties or any other information from State authorities and departments.

Undertaking by the Parties:

9. The Parties undertake to extend to the Commission whatever cooperation it requests of them in order to gain access to sources of information available to them.

10. The Parties undertake to carry out the Commission’s recommendations.

Report:

11. The Commission shall submit a final report, with its conclusions and recommendations, within a period of six months after its establishment.

12. The Commission shall transmit its report to the Parties and to the Secretary-General of the United Nations, who shall make it public and shall take the decisions or initiatives that he deems appropriate.

13. Once the report has been handed over, the Commission’s mandate shall be considered terminated and the Commission shall be dissolved.

14. The provisions of this agreement shall not prevent the normal investigation of any situation or case, whether or not the Commission has investigated it, nor the application of the relevant legal provisions to any act that is contrary to law.