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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Comprehensive Agreement on Human Rights
Record 340

Country :

Guatemala

Agreement Title/Name:
Comprehensive Agreement on Human Rights
Year :
1994
Date Signed :

29 March 1994

Summary :

Agreement on modalities of preventing future human rights violations; strong UN involvement envisaged; does not address HR violations of the past


Parties :
Govt of Guatemala, URNG
Third Parties :
Statehood/Identity :
Not Applicable
Governance/Democratic Inst :
Not Applicable
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
III. Commitment against Impunity- 1. govt commits to adopt necessary legislative or other measures, 2. govt to make necessary legislative changes to Penal Code to criminalize enforced or involuntary disappearances and summary or extra-judicial executions; [but NOTE X.5. request to UN to establish Commission to- among other things- investigate and punish HR abuses only that occurred subsequent to the mission's installation]. See also Annex: Joint Statement by the Government and URNG 'In order to facilitate the signing of the agreement on human rights, a historic achievement in the Guatemala peace process, the Parties have decided that consideration of the item regarding the Commission to look into human rights violations during the armed confrontation shall be concluded at a special session of the negotiations, without prejudice to existing rapprochements on the subject.'; IV.2. comittment to continue purification and professionalization of the security forces
Prisoner Release :
Not Applicable
Victims :
VIII. Parties commit to provide Compensation and/or assistance to the victims of human rights violations
Criminal Justice Reform :
II.1. judiciary to be supported in its work to protect HR; 2. Govt commits to respect autonomy of the judiciary
National Human Rights Inst :
X. Verification, 3. parties recognise and emphasize role of national institutions such as the judiciary, the Public Prosecutions Office and the Counsel for Human Rights (also in II.) in enforcing, monitoring and safeguarding HR
Human Rights Framework :
Entire agmt in essence establishes HRF. III.2. Govt to foster in intl community recognition of enforced or involuntary disappearances and of summary or extra-judicial executions as crimes against humanity; V. contains guarantees regarding freedom of association and freedom of movement; VII. Govt commits to protect work of HR advocates and monitors, and VIII. To compensate and assist victims of HR violations; VII. Parties to respect humanitarian law; X.5. request UN involvement in monitoring HR; X.15 'the Parties understand HR as meaning those rights which are recognised in the Guatemalan legal order including international treaties, conventions and other instruments on the subject to which Guatemala is a party.'
Judicial Reform :
II.1. judiciary to be supported in its work to protect HR; 2. Govt commits to respect autonomy of the judiciary
Policing :
IV.2. comittment to continue purification and professionalization of the security forces
Refugees/Land :
X.13 the verification mission to be established by the UNSG shall, in particular, take into accuont the position of the IDPs, refugees, and returnees
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
V.2. Counsel for Human Rights to establish whether members of the volunteer civil defence committees have been compelled to join these committees against their will or whether their human rights have been violated, and 3. upon receiving a complaint, shall investigate immediately; X. intl verification by the UN, and 5. request UNSG to establish mission for verification of the agreement, who shall engage in bilateral talks with the parties, and report regularly to the UNSG
International Community :
X.16.(C) UN mission to promote the intl technical and financial cooperation required to strengthen the capacity of the Counsel for HR and other national institutions with responsibility for protecting HR
UN Involvement :
Signatory; X.5. request UNSG to establish mission for verification of the agreement
Source :
USIP


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