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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Peace Agreement
Record 480

Country :

El Salvador

Agreement Title/Name:
Peace Agreement
Year :
1992
Date Signed :

16 January 1992

Summary :

Set of political agreements dealing with the armed forces, civil police, judicial system, electoral system, economic and social questions, political participation by FMLN, cessation of armed conflict, UN verification, implementation timetable; series of annex elaborating necessary legislative reform


Parties :
Govt of El Salvador, FMLN
Third Parties :
Statehood/Identity :
Not Applicable
Governance/Democratic Inst :
Chapter IV deals with the electoral system, reaffiming the relevant Mexico Agmt provisions; Chapter 5. Legalization of FMLN as a political party; Annex E: sets out principles for restoration of public admin in conflict zones
Women :
Not Applicable
Amnesty :
Chapter 1, art. 5- restates need to address impunity of officers of the armed forces, and refers issue to Truth Commission for consideration; Ch. 6, art. 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
Past Mechanism :
Chapter 1, Article 5- parties refer indications of military impunity to Commission on the Truth for consideration and resolution; Chapter 1, art. 3. ad hoc Commission to conduct purification of armed forces (truth commission may appoint an observer);
Prisoner Release :
Ch. 6, art 2: provides for freedom for all political prisoners
Victims :
Not Applicable
Criminal Justice Reform :
Chapter III deals exclusively with the judicial system: reaffirms Mexico Agmt provisions on National Council of the Judiciary, judicial training school
National Human Rights Inst :
ch.3, art. 2. reaffirms Mexico Agmt provisions on establishing national Counsel for the Defence of HR, COPAZ to draft preliminary bill
Human Rights Framework :
Not Applicable
Judicial Reform :
Chapter III deals exclusively with the judicial system: reaffirms Mexico Agmt provisions on National Council of the Judiciary, judicial training school
Policing :
Chapter 2. deals in detail with the National Civil Police: to be established in accordance with the constitutional reform resulting from the Mexico Agreement; unarmed police force; functional and territorial structure; personnel; national public security academy; transitional arrangements; 7.D. former FMLN combatants may join the civil police; see also enforcement
Refugees/Land :
Chapter 5, art. 2
Civil Society :
Ch.5, art. 8: establishes forum for economic and social consultation to incl. govt reps, and labour and bus. Community, other social and political sectors may be invited to participate as observers; Annex E requires that the restoration of public admin shall not be detrimental to either the existence or the functioning of NGOs that have been established in those zones. As part of the process of peace and reconciliation, appropriate channels between these orgs and the respective authorities shall be maintained.
Dev& Socio-Economic Rights :
Chapter 5 addresses economic and social questions: reaffirms relevant New York Agmt provisions; details provisions on the agrarian problem (art.2), lands within conflict zones (art. 3), loans to agri sector and to micro- and small-scale enterprise (art.5), measures to alleviate the social cost of structural adjustment programs- govt commits to submit consumer protection leg. (art.6), forum for economic and social consultation (art.8, see futher civil society), national reconstruction plan (art. 9)
Enforcement Mechanism :
Chapter 1, art. 5- restates need to address impunity of officers of the armed forces, and refers issue to Truth Commission for consideration; Chapter 1, art. 10.D. there will be a special law to regulate private security services (preliminary legislative draft annexed to agreement, to be considered by COPAZ; Chapter 1, art.12 requires esseftive funtioning of the Armed Forces General Inspectorate; Chapter 2, art. 3, national civil police to be placed under control of a new Ministry of the Interior and Public Security, 3.B. General Inspectorate of Police to monitor and supervise police activiities; Chapter 2, art. 6 National civil police and national public security academy shall each be regulated by special laws (the proposed preliminary text annexed to agmt to be referred to COPAZ), and art. 7 during the transitional period, COPAZ is to perform the necessary monitoring of police and (art. 7.C.) overseeing establishment of National Public Security Academy; Chapter 2, art. 7, B ONUSAL verification activities shall include the operation and organization of the civilian police force; Art. 7.D. ONUSAL and COPAZ to ensure that former FMLN combatants seeking to join police are no longer involved in armed combat; Chapter 3, art. 1, refers to COPAZ drafting the necessary implementing leg. For establishing National Council of the Judiciary, Judicial Training School, and art.2 establishing national counsel for the defence of HR; Ch. 4 requests COPAZ to appoint the Special Commission envisaged in Mexico Agmt for electoral reform; Ch.5, art.2 (f) govt to draft preliminary leg. For agrarian code, with provision for COPAZ doing so in govt fails to act; Ch. 5, art. 3(d) COPAZ to establish Special Commission to address issues of land within conflict zones, and G. COPAZ to verifiy govt performance of obligations made under Ch.5, Art. 3; Ch.5 art. 8- COPAZ to convene economic and social forum; Chapter 6, implementation timetable for adoption of legislative measures concerning political participation of FMLN; Chapter 6, art. 9 GOES to guarantee security of FMLN leadership, subject to ONUSAL verification; Ch. 7 timetable for cessation of armed conflict, subject to ONUSAL verification, and working group to be established to faciliate implementation, consisting of the ONUSAL chief military observer, and one rep from each party; Annex F COPAZ and ONUSAL to monitor implementation of the agreement on the use of the mass media to promote reconciliation; Chapter 7: UN verification- UN to verifiy compliance with this agmt and with San Jose, Mexico City and NY Agreements, and UN to coordinate intl cooperation; Chapter 9: Implementation Timetable for entire agmt
International Community :
Chapter 2, art. 3.B provides from intl legal advisory services for police monitoring; Ch.5 art. 3.D. govt to seek intl cooperation for the agri sector
UN Involvement :
Boutros Boutros-Ghali, UNSG (signatory, capacity unclear); Chapter 2, art. 3.B provides from intl legal advisory services for police monitoring, coordinated by UN; Chapter 2, art. 7, B ONUSAL verification activities shall include the operation and organization of the civilian police force; Ch.5 art. 9 UNDP to establish national reconstruction fund, UNDP to advise on mobilization of external support; Chapter 6, art. 9 GOES to guarantee security of FMLN leadership, subject to ONUSAL verification; Ch.7 ONUSAL to verify cessation of armed conflict, and request to SG for increase in funding to mission; Annex E. (D) ONUSAL to support building relationships between NGOs and restored public admin in conflict zones; Chapter 7: UN verification- UN to verifiy compliance with this agmt and with San Jose, Mexico City and NY Agreements, and UN to coordinate intl cooperation
Source :
USIP


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