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Truth or Reconciliation Mechanism: Chapultepec Peace Agreement

Implementations

Truth or Reconciliation Mechanism – 1992

U.N Secretary-General Boutros Boutros-Ghali installed the Commission on the Truth for El Salvador on 13 July 1992. The Commission consisted of three members, including former Colombian president Belisario Betancur, former Venezuelan foreign minister Reinaldo Figueredo and former president of the Inter-American Court for Human Rights Thomas Buergenthal. The Commission had a mandate to investigate serious acts of violence that have taken place in El Salvador since 1980 and whose impact on society urgently demanded that the public know the truth.¹ The Commission on the Truth began its work on 13 July 1992. Its ability to investigate every report was limited by its six-month mandate, so it maintained an “open-door” policy for hearing testimony throughout its operation, and resolved to only report on complaints which it could confirm. The commissioners were not chosen from El Salvador to maintain impartiality.²

“U.N. Chief Installs Truth Commission for El Salvador,” Xinhua General News Service, July 13, 1992.
“From Madness to Hope: The 12-year War in El Salavador,” United States Institute of Peace Library, January 26, 2001, http://www.usip.org/sites/default/files/file/ElSalvador-Report.pdf.

Truth or Reconciliation Mechanism – 1993

The commission did not meet its 6-months deadline to submit its final report. The report was handed over on 15 March 1993 in New York, United States. It had received over 22,000 complaints of serious acts of violence occurring between January 1980 and July 1991. Over 60% of the complaints related to extrajudicial killings, over 25% to forced disappearances, and over 20% to torture. The majority of the violations were committed by the FAES and other Government agents. The Commission’s report included a number of recommendations for administrative, legislative and constitutional reform to hold perpetrators of violations accountable and prevent future crimes.¹ As the report implicated some generals, the United States asked president Cristiani and gave him one week to purge 15 officers. The Secretary General also asked to get rid of implicated generals.²

The High Command of the FAES, the President of the Supreme Court, some high-ranking government officials and political leaders, and segments of the media rejected the conclusions and recommendations of the Commission. A week after the release of the report, the Legislative Assembly approved a general amnesty, negating the Commission’s recommendations and drawing swift criticism from the FMLN.³ UN Secretary-General Boutros Boutros-Ghali criticized the amnesty law, insisting that the full implementation of the recommendations of the Commission on the Truth was an integral part of the peace process.⁴

ONUSAL saw the report of the Commission on the Truth as one of the most importation human rights developments during its mission. It was clear that it viewed the recommendations of the Commission on the Truth as mandatory for the parties to the conflict.⁵

As death squad activity—mainly directed at former FMLN and affiliated combatants—flared up again after the general amnesty, the FMLN leadership complained that the Commission on the Truth failed to adequately investigate the death squad phenomenon and demanded that the Commissioners release the names of all known death squad members still operating in El Salvador. The Commissioners did not release any additional names than those in the report, which included only a few key FAES decision-makers.⁶ On April 2, 1993, the government agreed to remove 15 high-ranking military officers according to the TRC recommendation.⁷

“Report of the Secretary-General on the United Nations Observer Mission in El Salvador,” United Nations Security Council (S/25812), May 21, 1993.
“The World this Week: Truth time for the generals in El Salvador,” The Independent (London), March 15, 1993.
ibid., UNSC (S/25812).
“U.N. chief criticized Salvador’s amnesty for war abuses,” United Press International, International Section, March 24, 1993.
“Report of the Director of the Human Rights Division of the United Nations Observer Mission in El Salvador up to 30 April 1993,” United Nations General Assembly / Security Council (A/47/968 S/26033), July 2, 1993.
Jorge Pina, “El Salvador: FMLN leader demands and end to death squad impunity,” Inter-Press Service, October 26, 1993.
“El Salvador: Government Agrees to Dismiss Top Military Officers,” IPS-Inter Press Service, April 2, 1993.

Truth or Reconciliation Mechanism – 1994

UN Secretary-General Boutros Boutros-Ghali strenuously impressed upon the Government of El Salvador to finally phase out the National Police, complete the reintegration process and institute the constitutional reforms recommended by the Commission on the Truth. Despite multiple appeals, President Cristiani and the Government remained reluctant to move on these issues.¹

The Legislative Assembly passed some constitutional amendments to incorporate some, but not all, of the recommendations from the Commission on the Truth.²

“Letter Dated 28 March from the Secretary-General Addressed to the President of the Security Council,” United Nations Security Council (199 S/1994/361), March 30, 1994.
“Eleventh Report of the Director of the Human Rights Division of the United Nations Observer Mission in El Salvador (1 March — 30 June 1994),” United Nations General Assembly / Security Council (A/49/281 S/1994/886), July 28, 1994.

Truth or Reconciliation Mechanism – 1995

The recommendations of the Commission on the Truth were not fully implemented, despite urgings from Salvadoran human rights groups for the Government to at least admit to the crimes detailed in the report.¹

Juan Jose Dalton, “El Salvador — Human Rights: Army urged to follow Argentina’s lead,” Inter-Press Service, April 27, 1995.

Truth or Reconciliation Mechanism – 1996

The TRC completed its mandate and submitted its report in 1993. Some recommendations were implemented but issues related to commemorating the victims of the conflict did not happen. Similarly, an ongoing forum for truth and reconciliation was never created.¹ Due to the general amnesty issued by the Government following the release of the report of the Commission on the Truth in 1993, no one was ever held accountable for the crimes identified by the Commission.²

“Assessment of the Peace Process in El Salvador: Report of the Secretary-General,” United Nations General Assembly (A/51/917), July 1, 1997.
“El Salvador: 10th anniversary of Peace Accords, still no justice for victims of human rights violations,” Amnesty International (AI Index AMR 29/001/2002), January 16, 2002.