Civil Administration Reform: Chapultepec Peace Agreement

Written by

CHAPULTEPEC AGREEMENT (16 January 1992)

Chapter VII, Annex E: Restoration of Public Administration in Conflict Zones

With the entry into force of the cease-fire, public administration shall gradually be restored in conflict zones, in accordance with the following principles:

A. The full range of public services (such as water, electricity, telecommunications and roads) and other services provided by the State in such areas as agriculture, education and health shall be restored as soon as possible.

B. Mayors who, because of the armed conflict, have performed their functions on an itinerant basis shall take up residence in their respective municipalities as soon as possible, in close consultation with ONUSAL, in order to strengthen the process of détente and reconciliation.

C. The administration of justice shall be re-established in a manner appropriate to the purposes of this Agreement and, in particular, to the process of peace and reconciliation. Accordingly:

(a) The administration of justice shall be re-established as soon as possible, in close consultation with ONUSAL, in order to strengthen the process of détente and reconciliation.

(b) The Government shall take appropriate steps to ensure that the re-establishment of the administration of justice does not impair the effectiveness of the legislative or other measures adopted within the framework of this Agreement and of the peace and reconciliation process to guarantee members of FMLN the full exercise of their civil and political rights.

D. The restoration of public administration shall not be detrimental to either the existence or the functioning of the non-governmental organizations of a cultural, economic or social nature that have been established in conflict zones. As part of the process of peace and reconciliation, appropriate channels between these organizations and the respective authorities shall be maintained, with the support of ONUSAL.

Electoral/Political Party Reform: Chapultepec Peace Agreement

Written by

MEXICO AGREEMENT (27 April 1991)

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

Considering that various points on which agreement has been reached can be put into practice through secondary legislation or through further political agreements elaborating on the Constitution;

Have reached the agreements summarized below, which comprise constitutional reforms and issues referred to secondary legislation, as well as other political agreements:

III. Electoral System

1. Agreements on constitutional reforms aimed at:

(a) The establishment of a Supreme Electoral Tribunal to replace the Central Board of Elections. The Supreme Electoral Tribunal shall be the highest administrative authority and jurisdiction with respect to electoral matters. It has been agreed that the composition of the Tribunal shall be determined by secondary legislation, making sure that no party or coalition of parties predominates it. It has also been agreed that the Supreme Electoral Tribunal shall include members without any party affiliation, elected by a qualified majority of the Legislative Assembly.

(b) It has also been agreed that legally registered political parties shall have the right to monitor the compilation, organisation, publication and updating of the electoral roll.

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 electoral 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) The electoral roll shall be compiled in such a way that the lists of citizens eligible to vote are published at least 20 days before the date of the election. A simple and expeditious procedure shall be established for making legitimate corrections requested by any interested party.

(b) Within 60 days after the establishment of the new Supreme Electoral Tribunal, a Special Commission presided over by the Tribunal and composed of representatives of all legally registered parties and, possibly, independent experts shall be established to prepare a comprehensive proposal for reform of the electoral system.

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:

B. Electoral system

1. The electoral roll shall be compiled in such a way that the lists of citizens eligible to vote are published at least 20 days before the date of the election. A simple and expeditious procedure shall be established for making legitimate corrections requested by any interested party. 2. Within 60 days after the establishment of the new Supreme Electoral Tribunal, a Special Commission presided over by the Tribunal and composed of representatives of all legally registered parties and, possibly, independent experts shall be established to prepare a comprehensive proposal for reform of the electoral system, to be completed and submitted to the Legislative Assembly within 120 days of the Commission’s establishment. The Special Commission shall in any case be set up at least two years before the next legislative elections, and the Assembly shall vote on the proposed reforms at least one year before the date of those elections.

Chapultepec Agreement (16 January 1992)

Chapter IV: Electoral System

The parties reaffirm their commitment, made in the Mexico Agreements, to promote a comprehensive proposal for reform of the electoral system. To that end, they request COPAZ to appoint the Special Commission envisaged for that purpose in the Mexico Agreements. That Commission shall study the preliminary draft amendments to the Electoral Code Submitted to the Legislative Assembly by the Central Board of Election, as well as any proposals put forward by its members or by independent experts invited for that purpose. The Special Commission shall organize its work in such a way that the results can be used within the time-limits set for the reform of the electoral system.

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:

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.

Constitutional Reform: Chapultepec Peace Agreement

Written by

MEXICO AGREEMENT (27 April 1991)

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

Reaffirming their intention to make speedy progress towards the restoration of peace, national reconciliation and the reunification of Salvadorian society, in accordance with the common will of the Salvadorian people as expressed by both Parties in the Geneva Agreement of 4 April 1990;

Considering that the peace negotiations being conducted pursuant to the Geneva Agreement and the Caracas Agenda of 21 May 1990 call for a number of constitutional reforms embodying the political agreements emanating therefrom;

Bearing in mind the urgent need to submit to the Legislative Assembly whose term expires on 30 April 1991 those constitutional reforms on which the Parties have reached agreement, even where such agreements are partial and do not deal with all aspects under the item as envisaged in the Caracas Agenda;

Considering that various points on which agreement has been reached can be put into practice through secondary legislation or through further political agreements elaborating on the Constitution;

Have reached the agreements summarized below, which comprise constitutional reforms and issues referred to secondary legislation, as well as other political agreements:

I. Armed Forces

1. Agreements on constitutional reforms aimed at:

a. A clearer definition of the subordination of the armed forces to civilian authority.

b. The creation of a National Civil Police for the maintenance of peace, tranquility, order and public safety in both urban and rural areas, under the control of civilian authorities. It is expressly understood that the National Civil Police and the armed forces shall be independent and shall be placed under the authority of different ministries.

c. The creation of a State Intelligence Agency independent of the armed forces and under the direct authority of the President of the Republic.

d. Redefinition of the system of military justice with a view to ensuring that only those cases which affect a strictly military legal interest are submitted to it.

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 the 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.

III. Electoral System

1. Agreements on constitutional reform aimed at:

a. The establishment of a Supreme Electoral Tribunal to replace the Central Board of Elections. The Supreme Electoral Tribunal shall be the highest administrative authority and jurisdiction with respect to the electoral matters. It has been agreed that the composition of the Tribunal shall be determined by secondary legislation, making sure that no party or coalition of parties predominates it. It has also been agreed that the Supreme Electoral Tribunal shall include members without any party affiliation, elected by a qualified majority within the Legislative Assembly.

b. It has also been agreed that legally registered political parties shall have the right to monitor the compilation, organization, publication and updating of the electoral roll.

V. Final Declaration

The parties state for the record that the foregoing is a summary of the main political agreements which they reached during the round of negotiations held at Mexico City between 4 April 1991 and today’s date. This summary shall in no way detract from, distort or contradict the authentic text of all the agreements reached, which are annexed to this document.

The Parties likewise reaffirm their commitment to take all necessary steps to execute the agreements fully. In particular, the Government of El Salvador solemnly undertakes to promote the approval by the current legislature of the constitutional reforms agree to by the Parties in this round of negotiations. Matters relating to the ratification of these reforms shall be considered in the framework of the ongoing negotiations, under the timetable for the implementation of future agreements.

VI. FMLN stated for the record that the wording of article 211, where the armed forces are described as a “permanent” institution, is incompatible with its position on the matter. It made it clear that it considers there to be certain constitutional reforms still awaiting negotiation, including demilitarization, article 105 on the limit of rural land ownership and the need to open up the mechanism for reform of the Constitution, either by amending article 248 or by other procedures such as popular referendum. FMLN maintains its position on all these points.

Cease Fire: Chapultepec Peace Agreement

Written by

NEW YORK ACT (31 December 1991)

The Government of El Salvador and the Frente Farabundo Marti­ para la Liberacion Nacional (FMLN) hereby declare that they have reached definitive agreements which, combined with those previously signed at San Jose, Mexico City and New York, complete the negotiations on all substantive items of the Caracas Agenda and the New York “Compressed Negotiations”. Their implementation will put a final end to the Salvadorian armed conflict.

An agreement has also been reached on all technical and military aspects relating to the separation of the warring parties and the cessation of the armed conflict, which includes the end of the military structure of the FMLN and the reintegration of its members, within a framework of full legality, into the civil, political and institutional life of the country.

The parties have also agreed that the cessation of the armed conflict shall take effect formally on 1 February 1992 and shall conclude on 31 October 1992.

A further meeting between the parties has been scheduled for 5 January 1992 to negotiate the timetable for implementing the agreements and the procedure for ending the military structure of the FMLN and reintegrating its members, within a framework of full legality, into the civil, political and institutional life of the country.

Such negotiations must be successfully concluded by 10 January 1992 at the latest. Otherwise, the parties undertake to accept, by 14 January 1992 at the latest, a formula for resolving outstanding issues to be proposed to them by the Secretary-General of the United Nations. The Final Peace Agreements will be signed at Mexico City on 16 January 1992.

The parties undertake to preserve the atmosphere necessary for maintaining and expanding the unilateral decisions which they have taken in order to avoid all military activity.

Chapultepec Agreement (16 January 1992)

Chapter VII: Cessation of the Armed Conflict

1. The cessation of the armed conflict (hereinafter referred to as the CAC) is a brief, dynamic and irreversible process of predetermined duration which must be implemented throughout the national territory of El Salvador. During the CAC, there shall be no substantive negotiations but only the measures necessary to put into practice the agreements reached during the negotiating process.

2. The CAC shall begin on 1 February 1992 (hereinafter referred to as D-Day) and shall be completed on 31 October 1992.

3. The CAC consists of four elements, as defined herein:

a. The cease-fire;

b. The separation of forces;

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

d. United Nations verification of all the abovementioned activities.

This chapter also includes agreements on the restoration of public administration in conflict zones and the use of the mass media to promote reconciliation (see annexes E and F).

The cease-fire

4. The cease-fire shall enter into force officially on D-Day.

5. As of that date, each of the parties shall, as appropriate, refrain from carrying out any hostile act or operation by means of forces or individuals under its control, meaning that neither party shall carry out any kind of attack by land, sea or air, organize patrols or offensive manoeuvres, occupy new positions, lay mines, interfere with military communications or carry out any kind of reconnaissance operations, acts of sabotage or any other military activity which, in the opinion of ONUSAL, might violate the cease-fire, or any act that infringes the rights of the civilian population.

6. Official verification of compliance with the undertaking described in the preceding paragraph shall begin on D-Day. Any alleged violation of the cease-fire shall be investigated by ONUSAL.

7. During the period between the signing of this Agreement and D-Day, the two parties shall observe an informal cease-fire under which they undertake not to carry out any of the activities described in paragraph 5.

8. ONUSAL shall deploy its personnel and equipment during the informal cease-fire period, so as to be able to verify all aspects of the CAC as of D-Day.

Separation of forces

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.

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.

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.