Mexico Agreements
The Government of El Salvador and the Frente Farabundo Martí para la Liberación 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 to 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 clearer definition of the subordination of the armed forces to civilian authority.
- The creation of a National Civil Police for the maintenance of peace, tranquillity, 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.
- The creation of a State Intelligence Agency independent of the armed forces and under the direct authority of the President of the
Republic.
- 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.
2. Other issues considered in the negotiations were referred to secondary legislation or to the set of political agreements on the
armed forces. These include:
- Paramilitary forces.
- Forcible recruitment.
- Aspects relating to the management of the security forces and State intelligence.
- Aspects relating to the personnel of the armed forces and the National Civil Police.
- The emphasis which must be given, in the professional training of members of the defence and public security forces, to the pre-eminence of
human dignity and democratic values, to respect for human rights and to the subordination of such forces to the constitutional authorities.
The foregoing is without prejudice to the other outstanding issues under the item on the armed forces, with respect to which the
Parties reaffirm that they stand ready, and hope, to reach overall agreements in the next phase of the negotiating process.
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:
- 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.
- An annual allocation from the State budget to the judiciary amounting to no less than 6 per cent of current income.
- 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.
- 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:
- 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.
- 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.
- 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.
III. Electoral system
1. Agreements on constitutional reforms aimed at:
- 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.
- 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.
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:
- 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.
- 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.
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:
- 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
- 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.
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 agreed 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.
The Parties undertake to pursue the negotiations on an intensive basis, continuing the discussion of the list of issues agreed upon
in the Caracas Agenda, with a view to reaching, as a matter of priority, a political agreement on the armed forces and the necessary agreements
for the cessation of the armed conflict under United Nations supervision.
These negotiations will require careful additional preparation based on the important work done in recent months and, more
especially, in recent weeks. Such preparation is an integral part of the negotiating process and the latter process shall not, therefore, be
considered suspended. A brief direct meeting of an organizational nature is in fact planned for early May and direct negotiations are scheduled to
resume in the latter half of the month. As usual, neither the exact dates nor the venue shall be announced in advance.
VI. Unilateral declaration by FMLN
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 on 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.
Mexico City, 27 April 1991
| Representing the Government of El Salvador: |
Representing the Frente Farabundo Martí para la Liberación Nacional: |
| (Signed) |
(Signed) |
| Mr. Oscar SANTAMARÍA |
Commander Schafik HÁNDAL |
| Colonel Juan MARTÍNEZ VARELA |
Commander Joaquín VILLALOBOS |
| Colonel Mauricio Ernesto VARGAS |
Salvador SAMAYOA |
| Mr. David ESCOBAR GALINDO |
Ana Guadalupe MARTÍNEZ |
|
Mr. Abelardo TORRES
|
|
| Mr. Rafael HERNÁN CONTRERAS |
|
(Signed) Alvaro DE SOTO
Representative of the Secretary-General of the United Nations
United States Institute of Peace -- 1200 17th Street NW -- Washington, DC 20036
(202) 457-1700 (phone) -- (202) 429-6063 (fax)
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