Agreement on the Strengthening
of Civilian Power and on the Role of the Armed Forces in a Democratic
Society
Whereas:
Peace rests upon democratization and the creation of structures and practices which will, in the future, prevent
political exclusion, ideological intolerance and the polarization of Guatemalan society,
It is essential to overcome deficiencies and weaknesses in civil institutions, which are frequently inaccessible
to most of the population, and the prevalence of patterns of thought and behaviour that have been detrimental to the rights and
freedoms of citizens,
The signing of an agreement on a firm and lasting peace provides a historic opportunity to overcome the
after-effects of past armed confrontation and ideological clashes and to rebuild and strengthen institutions in accordance with
the needs of national development and the reconciliation of the Guatemalan people,
With the active and permanent participation of the people through Guatemalan organizations, political forces
and social sectors, this renewal of institutions must embrace all levels, from local authorities to the functioning of State
bodies, so that all those who are entrusted with public authority fulfil their commitment to serve social justice, political
participation, and the security and full development of the individual,
It is vitally important to strengthen civilian power as the expression of the will of the people through the
exercise of political rights, reinforce the legislative branch, reform the administration of justice and guarantee public
security, all of which are crucial for the enjoyment of civil liberties and rights; and, within a democratic institutional
framework, it is incumbent upon the Guatemalan armed forces to discharge the essential task of protecting national sovereignty
and territorial integrity,
Together with the agreements already signed, this Agreement seeks to create the conditions for genuine reconciliation
among the people of Guatemala, based upon respect for human rights and the diversity of its peoples and on their shared determination
to overcome the lack of social, economic and political opportunities, which undermines democratic coexistence and restricts the
development of the nation,
The implementation of this Agreement will benefit the whole population, consolidate the governance of the country
and enhance the legitimacy of its democratic institutions in the interest of the people of Guatemala,
The Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (hereinafter referred to
as "the Parties") have agreed as follows:
I. THE STATE AND ITS SYSTEM OF GOVERNMENT
1. In order to deepen the democratic and participatory process in such a way as to strengthen civilian
power, it is of crucial importance to enhance, modernize and reinforce the State and its republican, democratic and
representative system of government.
2. Pursuant to article 141 of the Political Constitution of the Republic, sovereignty is rooted in the
people, who delegate its exercise to the legislative, executive and judicial branches. The Parties agree that the enhancement,
modernization and reinforcement of the branches of the State require full and complete respect for the principle of their
independence, separation and non-subordination to each other.
3. At the same time, the three branches must coordinate their efforts to fulfil their responsibilities arising
out of the duty of the State to ensure, for all the inhabitants of Guatemala, life, freedom, justice, security, peace and
the full development of the individual. Public authority, in the service of the common good, must be exercised by all the
institutions of the State in such a way that no person, social sector, military force or political movement can usurp its
exercise.
II. THE LEGISLATIVE BRANCH
4. Legislative authority belongs to the Guatemalan Congress, which is composed of deputies elected directly
by universal and secret vote. It has a fundamental role to play in the representation of Guatemalan society, since democracy
requires a body in which the overall situation of the country is embodied in an institutional form, harmoniously integrating
a variety of interests.
5. For the legitimacy of the legislative body to be strengthened, it must fully discharge the following duties:
- The legislative function, in the interest of the people of Guatemala;
- Public discussion of essential national issues;
- Representation of the people;
- Its responsibilities towards the other branches of the State.
6. The Parties agree that the legislative branch must be enhanced, modernized and reinforced, and that the Presidency of
the Congress will be requested to set up a multi-party agency for that purpose. This agency will work in conjunction with those
legislative commissions which have been entrusted with responsibilities in connection with the follow-up to the agreements on a
firm and lasting peace and the process of modernization and strengthening of the Congress of the Republic. Its agenda, minimal
and open-ended, will give priority to the following aspects:
- Revision of the Act on the Rules of Procedure of the Congress, in order to streamline parliamentary work and enable
the Guatemalan Congress as a branch of the State to carry out what is required of it by the Political Constitution and by public opinion,
and to enhance efficiency in the initiation, discussion and adoption stages of the legislative process;
- Proper utilization of constitutional mechanisms for the supervision of the executive branch, to ensure clarity in
government policy, consistency in its programmes, transparency in the planning and implementation of the State budget, examination
and evaluation of the responsibility of ministers and other high-ranking officials for their administrative acts or omissions, and
monitoring of government administration to protect the general interests of the population while preserving institutional
legitimacy;
- Appropriate legislative measures to strengthen the administration of justice;
- Legal or constitutional reforms to maintain the number of deputies in the Congress at a constant level;
- Reform of article 157 of the Constitution so that deputies cannot serve more than two consecutive terms, so as
to avoid disrupting political careers while at the same time ensuring the renewal of political leadership in the Congress;
- Support for the work of the commissions, particularly the Office of the Technical Advisory Unit;
- Redefinition of the functions of the Congressional Human Rights Commission to allow for a more effective
follow-up of the resolutions and recommendations contained in reports produced by the Counsel for Human Rights and other
recognized public entities on the situation of human rights in Guatemala.
7. The Parties agree to request the Presidency of the Guatemalan Congress that the aforementioned congressional agency
should be set up within a period not to exceed three months after the signing of the agreement on a firm and lasting peace, and that
its work should be completed and submitted for consideration in plenary no more than one year after its establishment.
III. SYSTEM OF JUSTICE
8. One of the major structural weaknesses of the Guatemalan State stems from the system of administration of justice,
which is one of the key public services. This system and the functioning of judicial proceedings within it suffer from faults and
deficiencies. The antiquated legal practices, slow proceedings, absence of modern office management systems and lack of supervision
of officials and employees of the judicial branch breed corruption and inefficiency.
9. The reform and modernization of the administration of justice should be geared to preventing the judiciary
from producing or covering up a system of impunity and corruption. The judicial process is not a simple procedure regulated by
codes and ordinary laws but rather an instrument for ensuring the basic right to justice, which is manifested in a guarantee of
impartiality, objectivity, universality and equality before the law.
10. A priority in this respect is to reform the administration of justice in order to put an end to inefficiency,
eradicate corruption and guarantee free access to the justice system, impartiality in the application of the law, judicial independence,
ethical authority and the integrity and modernization of the system as a whole.
11. In order to address all the foregoing, the Government undertakes to adopt, where it is within its power,
and to promote in the Guatemalan Congress, where it is within the latter's competence, the following measures:
Constitutional reforms
12. Promote the reform of the following articles of the Constitution in the Guatemalan Congress:
CHAPTER IV - The judiciary
Section I: General provisions
- Article 203: the article should contain an initial reference to guarantees of the administration of justice
and, as such, include: free access to the system of justice in the person's own language; respect for the multi-ethnic,
multicultural and multilingual nature of Guatemala; legal assistance to those who cannot afford their own counsel; the impartiality
and independence of judges; reasonable and prompt resolution of social conflicts and provision of alternative conflict-resolution
mechanisms;
- The summarized contents of article 203 should be included in a separate paragraph;
- Articles 207, 208 and 209 should refer to the Act on Careers in the Judiciary and include the following
provisions:
- Rights and duties of judges, the dignity of the profession and adequate remuneration;
- System of appointment and promotion of judges based on competitive examinations to promote professional excellence;
- Right and duty to pursue professional legal training and career development;
- Disciplinary system, with pre-established guarantees, procedures, levels of jurisdiction and penalties, and the
principle that a judge or magistrate can be investigated and punished only by his peers;
- Article 210: the guarantee in the second paragraph should be deleted, since its contents would be covered by
the three previous articles. This article should refer only to personnel of the judiciary who are not judges or
magistrates.
Legal reforms
13. Promote the following legal reforms in the Guatemalan Congress:
Careers in the judiciary
- Establish careers in the judiciary as provided for by article 209 of the Constitution in accordance with
the contents of this Agreement;
Public Defender's Office in criminal matters
- Establish a Public Defender's Office in criminal matters to provide legal assistance to those who cannot
afford to retain their own counsel. It would be functionally autonomous and independent from the three branches of Government,
have the same standing as the Public Prosecutor's Office and have effective country-wide coverage;
Penal Code
- Institute a reform of the Penal Code that gives priority to the criminal prosecution of those offences that
are most detrimental to society, takes into account the country's cultural differences and customs, fully protects human rights
and characterizes threats and coercion of judicial personnel, bribery, graft and corruption as particularly serious offences which
are severely punished.
Administrative initiatives and measures
14. Take such administrative initiatives and measures as are necessary to:
- Provide the judiciary and Public Prosecutor's Office with more financial resources to enable them to carry out
their technological modernization and to expand their coverage throughout the country, institute multilingualism in the system of
justice in accordance with the Agreement on Identity and Rights of Indigenous Peoples, and implement an effective protection plan for
witnesses, prosecutors and individuals who cooperate with the justice system. In this regard, by the year 2000, the Government intends
to increase net public expenditure allocated to the judiciary and the Public Prosecutor's Office as a proportion of gross domestic
product by 50 per cent over its 1995 level;
- Provide the necessary resources to the Public Defender's Office so that it can be established and begin its
activities in 1998.
Commission on the strengthening of the justice system
15. The Parties also agree that, within 30 days after the signing of the agreement on a firm and lasting peace, the
President of Guatemala will propose that a commission be established with the mandate to prepare within six months, following an
extensive debate on the justice system, a report and a set of recommendations for implementation as soon as possible. That commission,
which will receive advisory assistance from the Mission for the Verification of Human Rights and of Compliance with the Commitments of
the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA), shall include the qualified representatives of the various public
institutions and social and private bodies that are involved in and/or are knowledgeable about the justice system.
16. The work of the Commission shall include and not be limited to the following:
Modernization
- How to effectively separate administrative functions from jurisdictional functions in the judiciary and the Public
Prosecutor's Office, so as to relieve judges and prosecutors from burdensome tasks that prevent them from dedicating themselves fully
to their proper mandates, instituting a modern and effective management system in both institutions;
- The adequate distribution of available financial resources in order to strengthen the system, bearing in mind the
need for more rational use of resources;
- Outlining the basic elements of a bill for the civil service of the judiciary;
Access to the justice system
- With the participation of indigenous peoples' organizations, follow up on the commitments undertaken under
the Agreement on Identity and Rights of Indigenous Peoples concerning how justice is administered among those peoples, with a view
to facilitating a simple and direct access to the justice system by major sectors of the country that are currently outside the
system or that are at a disadvantage when they appear in court;
Streamlining
- Phase in oral legal proceedings in order to extend the benefits of such a system to those areas where it does not
exist, and the guarantee of direct access to a judge in all proceedings;
- Implement the expansion and recognition of alternative conflict-resolution mechanisms;
Professional excellence
- Devise a system for the selection and appointment of appeals court magistrates through competitive
examinations;
- Strengthen the Judicial Training School and the training unit of the Public Prosecutor's Office as the main bodies
for the selection and further training of judges, magistrates and prosecutors;
Non-State partners
- Promote the active involvement in the legal reform process of those bodies outside the State system of
justice which play a decisive role in such reform.
IV. EXECUTIVE BRANCH
17. With a view to the strengthening of civilian power and the modernization of the executive branch, the Government
undertakes to adopt, when it falls within its purview to do so, and to promote to the Congress, when it falls within the purview of
that body to do so, the following measures:
A. Security agenda
18. Security is a broad concept. It is not limited to protection against external armed threats, which is the
responsibility of the army, or protection against threats to the public order and internal security, which is the responsibility
of the National Civil Police. All the Guatemala peace agreements posit that a firm and lasting peace must be based on respect for
human rights and for the multi-ethnic, multicultural and multilingual character of the Guatemalan nation; national economic development
with social justice; social participation; the conciliation of interests; and democratic institution-building.
19. Within this context, the security of the citizens and the State cannot be dissociated from the citizens' full
exercise of their political, economic, social and cultural rights and duties. Social and economic imbalances, poverty and extreme
poverty, social and political discrimination and corruption, among others, are risk factors and a direct threat to democratic coexistence,
social peace and, hence, to democratic constitutional order.
20. The Parties believe that an Advisory Council on Security would help the executive branch to implement this concept
of integral security. The Council shall be composed of eminent personalities representing the economic, social, professional,
academic, ethnic, political and cultural diversity of Guatemala. These personalities shall be selected by the President of the
Republic so that the Council can fully carry out its function of studying and presenting broadly consensual strategies in response
to the major risks confronting the country and making the necessary recommendations to the President of the Republic.
B. Public security
National Civil Police
21. The protection of life and the security of the citizens, the maintenance of public order, the prevention and
investigation of crime and the swift and transparent administration of justice cannot be guaranteed without the appropriate structuring
of the public security forces. The design of a new model and its implementation are fundamental aspects of the strengthening of
civilian power.
22. Accordingly, the restructuring of the country's existing police forces into a single National Civil Police,
which would be responsible for public order and internal security, is necessary and cannot be delayed. This new police force
should be professional and under the authority of the Ministry of the Interior. To that end, the Government undertakes to adopt,
when it falls within its purview to do so, and to promote to the Congress of the Republic, when it falls within the purview of
that body to do so, the following measures:
Constitutional reforms
23. The reform of the Constitution shall establish the functions and main characteristics of the police force as follows:
"The National Civil Police shall be a professional and hierarchical institution. It shall be the only armed police
force competent at the national level whose function is to protect and guarantee the exercise of the rights and freedoms of the
individual; prevent, investigate and combat crime; and maintain public order and internal security. It shall be under the direction
of the civil authorities and shall maintain absolute respect for human rights in carrying out its functions.
"The law shall govern the requirements and procedures for admission to the police profession, as well as promotions,
advancement, transfers, disciplinary action against officers and employees in the profession and other questions related to the
functioning of the National Civil Police."
Legal reforms
24. This includes submission of a bill on security and the police, which would govern the functioning of the
police system in Guatemala in accordance with constitutional reforms and the provisions contained in this Agreement.
25. The issue of a new Act on Public Order shall be promoted, consistent with democratic principles and
the strengthening of civilian power. Any excess in the application of the new Act shall be duly punished. The limitations
established by law in the interest of maintaining public order shall in no case permit excesses that would violate the general
enjoyment of rights nor shall they empower the authorities to restrict rights other than those described in article 138 of the
Constitution.
Organization
26. The police shall be organized as follows:
- A single police force shall be established under the authority of the Ministry of the Interior;
- It shall be hierarchically structured with a chain of command and duly established responsibilities;
- The multi-ethnic and multicultural character of Guatemala shall be taken into account in the recruitment,
selection, training and deployment of police personnel;
- The necessary specialized departments shall be established to carry out its work, including the control of
drug trafficking and smuggling, tax and customs control, arms registry and control, information and criminal investigation,
conservation of the cultural heritage and the environment, border security, transit and road safety.
Police profession
27. The police profession shall be established in accordance with the following criteria:
- All members of the new police force shall receive training at the Police Academy, where they will be given
extensive professional preparation and imbued with a culture of peace, respect for human rights and democracy, and compliance with
the law;
- Appropriate regulations shall be established to govern recruitment and personnel administration policies.
Professional police officers shall be required to provide their services within the institution for a minimum of two
years;
- Members of the police force shall receive decent wages commensurate with their functions and an adequate
benefits package.
The Police Academy
28. The Police Academy shall oversee admission to the police profession, and advancement and specialization
within it. It must guarantee objectivity and equality of opportunity in its selection of candidates and the suitability of the
recruits for the performance of their duties as professional police officers.
29. The Police Academy shall train the new police personnel as officers, inspectors, commanders and chiefs and
retrain the current personnel, providing them with sufficient resources to carry out their assignments. Basic police training shall
last a minimum of six months.
Functioning
30. The Government undertakes to promote a police and public security restructuring plan based on this Agreement,
to which end the support of the international community and MINUGUA will be requested, taking into consideration international
standards in this area. This restructuring plan shall be given the necessary resources for the national deployment of professional
personnel, taking into account all the specialties of a modern national civil police force, and shall provide, inter alia, for the
following steps to be taken:
- By late 1999, a new National Civil Police force, comprised of at least 20,000 members, shall be functioning
throughout the national territory, under the authority of the Ministry of the Interior, in order to fulfil the commitments outlined
herein and the specific tasks assigned to them;
- In particular, the capacities of the police in the area of information and criminal investigation shall be
strengthened, in order to enable them to collaborate effectively in crime control and the swift and effective administration of
justice with emphasis on coordination between the National Civil Police, the Public Prosecutor's Office and the
judiciary;
- Cooperation between the National Civil Police and the municipal police forces shall be strengthened
within the context of their respective powers;
- A transition procedure shall be established for the implementation of the provisions of paragraph (a) above in
order to ensure that the graduates of the Academy are a positive element in the National Civil Police as a whole;
- The communities shall participate, through their representatives, in promoting the police profession,
proposing candidates who meet the requirements and supporting the officers who will be responsible for public security at the
local level;
- By the year 2000, the Government undertakes to increase its expenditure on public security as a percentage
of the gross domestic product by 50 per cent over the amount expended in 1995.
International cooperation
31. The Parties urge the international community to grant such technical and financial cooperation as is required for
the immediate implementation of all measures that will lead to the modernization and professionalization of the public security system
in Guatemala.
Private security companies
32. The Government undertakes to sponsor, in the Guatemalan Congress, a bill to regulate the functioning and
scope of such companies in order to monitor their operations and the professionalism of their personnel and ensure, in particular,
that the companies and their employees remain within the appropriate sphere of operation, under the strict control of the National
Civil Police.
Ownership and bearing of arms
33. In accordance with the Comprehensive Agreement on Human Rights, and in order to combat the proliferation
of firearms in the hands of individuals and the lack of control of their acquisition and use, the Government of Guatemala
undertakes to sponsor amendments to the Arms and Munitions Act so as to:
- Restrict the owning and bearing of weapons by individuals, in accordance with the provisions of article
38 of the Constitution;
- Confer responsibility in the matter to the Ministry of the Interior. The question of the owning and bearing
of offensive weapons will be taken up in very exceptional, justified cases, and for that the opinion of the Ministry of Defence
will be required.
34. In accordance with this Act, the Government undertakes to:
- Enforce the system of registration of weapons in circulation and identification of their owners;
- Transfer the registers which are currently deposited in the Arms and Munitions Control Department of the
Ministry of Defence to the Ministry of the Interior, with verification by MINUGUA, in a process which will be completed by the
end of 1997.
C. Armed forces
35. The signing of an agreement on a firm and lasting peace constitutes a fundamental change in relation to the
conditions which have prevailed in Guatemala for more than three decades. This change has positive implications for State institutions,
and in particular the Guatemalan armed forces. The role of the Guatemalan armed forces is defined as that of defending
Guatemala's sovereignty and territorial integrity; they shall have no other functions assigned to them, and their participation in
other fields shall be limited to cooperative activities. The measures laid down in this Agreement ensure that the doctrine, means,
resources and deployment of the armed forces are in line with their functions and Guatemala's development priorities.
Constitutional reforms
36. The Government undertakes to sponsor the following amendments to the Guatemalan Constitution:
- Article 244. Constitution, organization and functions of the armed forces. The Guatemalan armed forces are
a permanent institution in the service of the nation. They are unique and indivisible, essentially professional, apolitical, loyal
and non-deliberative. Their function is to protect the sovereignty of the State and its territorial integrity. They consist of
ground, air and naval forces. Their organization is hierarchical and based on the principles of discipline and
obedience;
- Article 219. Military courts. The military courts shall take cognizance of the crimes and misdemeanours
specified in the military code and in the corresponding regulations. Ordinary crimes and misdemeanours committed by military
personnel shall be tried and judged by the ordinary courts. No civilian may be judged by military courts;
- Article 246. Duties and powers of the President over the armed forces. Replace the first paragraph by the
following: "The President of the Republic is the Commander-in-Chief of the armed forces and shall issue his orders through the
Minister of Defence, whether he is a civilian or a member of the military".
Legal framework
37. Amendments to the Constituent Act of the armed forces deriving from the amendments to the Guatemalan
Constitution, and amendments deriving from the peace agreements, shall be sponsored.
Military doctrine
38. A new military doctrine shall be formulated in accordance with the reforms envisaged in this Agreement.
The doctrine shall encompass respect for the Guatemalan Constitution, human rights, the international instruments ratified by
Guatemala in the military field, protection of national sovereignty and independence, the territorial integrity of Guatemala and
the spirit of the agreements on a firm and lasting peace.
Size and resources
39. The size and resources of the Guatemalan armed forces shall be sufficient to enable them to discharge their
function of defending Guatemala's sovereignty and territorial integrity, and shall be commensurate with the country's economic
capabilities.
Educational system
40. The necessary amendments shall continue to be made to the corresponding regulations so that the military
education system is consistent, in its philosophical framework, with respect for the Guatemalan Constitution and other laws,
with a culture of peace and democratic coexistence, with the doctrine defined in this Agreement, and with national values, the
integral development of the individual, knowledge of our national history, respect for human rights and the identity and rights
of the indigenous peoples, and the primacy of the individual.
Arms and munitions
41. The Government shall adopt the most appropriate policies for the acquisition of combat weapons and equipment
in accordance with the new functions of the armed forces. The operation of the munitions factory shall be taken into account so
that it can meet the needs of the civilian public security forces.
Restructuring
42. The public educational, financial, health, commercial, assistance and insurance institutions, installations
and offices corresponding to the needs and functions of the Guatemalan armed forces shall operate under the same conditions as
other similar not-for-profit institutions. All the graduates of the Adolfo V. Hall institutes shall join Guatemala's military reserves.
The Guatemalan armed forces shall allocate programmes to them for that purpose. The Government shall decide on an appropriate use
for the television frequency allocated to the Guatemalan armed forces. Military and community service
43. The practice of voluntary military recruitment shall be continued, until the Government of Guatemala, on the
basis of the Comprehensive Agreement on Human Rights, adopts the necessary administrative decisions, and the Guatemalan Congress
approves a civil service law, which shall include military service and community service; this law shall entail fulfilment of a
duty and a constitutional right, which is neither compulsory nor a violation of human rights, is universal and non-discriminatory,
and would reduce the length of service and offer options to citizens.
44. On the basis of these general principles, the Government undertakes to sponsor the above-mentioned law, which shall
be drafted on the basis of what has been agreed on and achieved by the joint working group which is currently considering the matter.
D. Presidency of the Republic
Constitutional amendments
45. The Government shall sponsor in the Guatemalan Congress the following amendments to the Guatemalan Political
Constitution:
- With regard to the functions of the President of the Republic, include the following:
"When the ordinary means for the maintenance of public order and domestic peace are exhausted, the President of the
Republic may exceptionally use the armed forces for this purpose. The deployment of the armed forces shall always be temporary, shall
be conducted under civilian authority and shall not involve any limitation on the exercise of the constitutional rights of citizens.
"In order to take these exceptional measures, the President of the Republic shall issue an agreement to that end. The
operations of the armed forces shall be limited to the time and modalities which are strictly necessary, and shall end as soon as the
purpose has been achieved. The President of the Republic shall keep Congress informed about the operations of the armed forces, and
Congress may at any time decide that such operations should cease. At all events, within 15 days of the end of such operations, the
President of the Republic shall submit to Congress a detailed report on the operations of the armed forces;"
- Amend article 246, entitled "Duties and powers of the President over the armed forces", by deleting the sentence in
paragraph (b) of that article which reads: "He may, likewise, approve special pensions";
- Amend article 183, entitled "Functions of the President of the Republic", by deleting paragraph (r) and amending
the text of paragraph (t) as follows: "To grant special pensions".
Security of the President and Vice-President
46. In order to guarantee the security of the President, Vice-President and their families and provide logistical
support for the activities carried out by the Presidency of the Republic, the President of the Republic, in exercise of the powers
conferred on him by law and in order to replace the Presidential Chief of Staff, shall organize an appropriate entity as he sees
fit.
E. Information and intelligence
State intelligence-gathering bodies
47. The scope of the activities of the Intelligence Department of the Office of the Chief of Staff for National
Defence shall be restricted to the role of the armed forces as defined in the Constitution and in the reforms envisaged in this
Agreement. Its structure and resources shall be limited to this scope.
48. A Civilian Intelligence and Information Analysis Department to be established under the Ministry of the Interior
shall be responsible for obtaining information to combat organized crime and ordinary crime, utilizing the means available and acting
within the limits allowable under the legal system, and shall ensure full respect for human rights. Citizens who are subject to
restrictions on their civil or political rights may not be employed by the Civilian Intelligence and Information Analysis
Department.
49. A Strategic Analysis Secretariat reporting directly to the Office of the President of the Republic shall
be established to inform and advise the Guatemalan President, with a view to anticipating, preventing and resolving situations
posing any type of danger or threat to the democratic State. This body shall be purely civilian in character and may secure
access to information available from public sources as well as information collected by the Civilian Intelligence and Information
Analysis Department of the Ministry of the Interior and the Intelligence Department of the Office of the Chief of Staff for
National Defence. It shall not be empowered to undertake its own covert investigations.
50. The Strategic Analysis Secretariat, the Intelligence Department of the Office of the Chief of Staff for
National Defence and the Civilian Intelligence and Information Analysis Department of the Ministry of the Interior shall
scrupulously respect the separation between intelligence and information-gathering functions and the operations to which they
give rise. The responsibility for dealing with any threats shall fall to the appropriate executing organs of the Government.
51. The Government undertakes to prevent the formation of networks or groups which are incompatible with the
duties assigned to the intelligence and analysis offices referred to in paragraphs 47, 48 and 49.
52. With a view to preventing any abuse of power and guaranteeing respect for the freedoms and rights of citizens,
the Government undertakes to encourage the Guatemalan Congress to adopt the following:
- A law establishing modalities for the supervision of State intelligence bodies by a designated commission of
the legislative branch;
- A law regulating access to military or diplomatic information relating to national security, as provided
for in article 30 of the Constitution, and containing provisions on classification and declassification procedures and
levels.
Archives
53. All data contained in State archives shall be handled in strict compliance with article 31 of the
Political Constitution. Once the constitutional reforms envisaged in this Agreement have been approved, the archives, records
and any other type of State files relating to domestic security shall be transferred to the Ministry of the Interior. Archives,
records and any other State files relating to the protection of the sovereignty and integrity of the territory shall be
transferred to the Ministry of Defence. These Ministries shall be responsible for managing the information.
54. In keeping with article 31 of the Political Constitution, the Government shall promote criminal sanctions
for attempts to maintain illegal files and records containing political information.
F. Professionalization of civil servants
55. Article 136 of the Constitution stipulates that the right of Guatemalan citizens to seek public office
must be guaranteed. However, only individuals with ability, honesty and integrity are eligible to do so. Accordingly,
pursuant to the Agreement on Social and Economic Aspects and Agrarian Situation, the Government shall accord priority to the
following activities:
- Modernization of government services, including publication of personnel selection and classification
procedures for all departments of the executive branch, and review of the staffing table to ensure that employees and officials
meet the criteria of honesty and ability;
- Establishment of a career civil service;
- Promotion of the effective implementation of legislation on integrity and accountability;
- Strengthening and modernization of the Comptroller's Office;
- Promotion of criminal sanctions for acts of corruption and misappropriation of public funds.
V. SOCIAL PARTICIPATION
56. The strengthening of civilian power requires that the ability of citizens to participate in society also
must be enhanced, by providing increased opportunities for citizen participation and building their capacity to participate.
57. In particular, social participation at the community level promotes respect for ideological pluralism
and non-discrimination on social grounds, facilitates the broad, organized and harmonious participation of citizens in
decision-making and enables them to shoulder their responsibilities and commitments in the quest for social justice and democracy.
58. With a view to facilitating community participation, and pursuant to the agreements already signed, the
Government reiterates its commitment to decentralize the civil service in order to mobilize the full power of the State for the
benefit of the population and thereby enhance the relationship between the State and the citizenry. To that end, it is necessary,
inter alia, to:
- Strengthen municipal governments and ensure that the development council system is functioning properly.
Accordingly, the relationship between these groups and the community shall be improved, to which end the authorities shall
strengthen democratic practices; in addition, the relationship between these groups and the central Government shall be
enhanced;
- In particular, establish local development councils. To accomplish that goal, the various social
mechanisms created to improve people's lives shall be treated on a par with the councils; these include institutions serving
indigenous communities, improvement committees and other groups which encourage all neighbours to participate in the development
of their communities and municipalities and which are recognized and registered by their respective municipal
authorities;
- Pursuant to the Agreement on Identity and Rights of Indigenous Peoples and the Agreement on Social and
Economic Aspects and Agrarian Situation, create a set of circumstances conducive to the growth of local organizations that
are representative of the population. In particular, the Government reiterates the commitment it made in the Agreement on
Social and Economic Aspects and Agrarian Situation to enhance social participation with a variety of information and education
tools focusing on the protection of human rights, the renewal of the political culture and the peaceful settlement of disputes.
It also reaffirms its intention to empower social organizations to participate in social and economic development.
VI. THE ROLE OF WOMEN IN STRENGTHENING CIVILIAN POWER
59. In order to increase opportunities for women to participate in the exercise of civilian power, the Government
undertakes to:
- Set up nationwide public awareness campaigns and educational programmes with a view to increasing public
awareness of women's right to participate actively and decisively, both in rural areas and in the cities, in the process of
strengthening civilian power, fully and equally and without any discrimination;
- Ensure that social and political organizations adopt specific policies to enhance and promote the role of
women in the process of strengthening civilian power;
- Respect, promote, support and institutionalize women's organizations in rural areas and in the cities;
- Ensure that at all times in the exercise of power, women, whether organized or not, are provided with and
guaranteed opportunities to participate.
60. The Parties appreciate the work undertaken at the national level by the various women's organizations
and encourage them to work together to make their contribution to the process of implementing the agreements on a firm and
lasting peace, especially those undertakings most directly related to women.
VII. OPERATIONAL CONSIDERATIONS RESULTING FROM THE END OF THE ARMED CONFLICT
Voluntary Civil Defence Committees (CVDC)
61. The Government shall ask the Congress of the Republic to repeal the decree creating CVDCs, effective
on the day of the signing of the agreement on a firm and lasting peace. Demobilization and disarming of CVDCs shall take
place within 30 days from the repeal of the decree. The CVDCs including those already demobilized, shall no longer have any
institutional relationship with the armed forces of Guatemala and shall not be restructured in such a way as to restore
that relationship.
Mobile military police
62. The Parties agree that the mobile military police shall be disbanded within one year from the signing
of the agreement on a firm and lasting peace, at the end of which time its members will have been demobilized.
Reducing the size and budget of the armed forces
63. As from the signing of the agreement on a firm and lasting peace, in keeping with the new situation
and the definition of the functions of the armed services of Guatemala contained in this Agreement, the Government of
Guatemala shall begin a progressive process aimed at achieving the following:
- Reorganizing the deployment of military forces in the country, in 1997, assigning them for the
purposes of national defence, border patrol and protection of sea, land and air jurisdiction;
- Reducing the size of the armed forces of Guatemala by 33 per cent in 1997, relative to its current size
and organization;
- Redirecting and reallocating its budget to the constitutional functions and military doctrine
referred to in this Agreement, making maximum use of available resources to achieve, by 1999, a 33 per cent reduction in
military spending as a proportion of GDP, as compared to 1995. This will free resources from the Government's general
budget to be applied to programmes in education, health and public safety.
Military training
64. The Government shall adapt and modify the content of those courses created in the context of the
armed conflict with a view to counter-insurgency, to make them compatible with the new military education system and to
guarantee the dignity of those involved, their observance of human rights, and the public-spiritedness of their role.
Reintegration programmes
65. The Government undertakes to design and implement, after the signing of the agreement on a firm and
lasting peace, programmes to promote the productive reintegration of those members of the armed forces who may be demobilized
as a result of this Agreement, with the exception of those found guilty of committing a criminal act. These programmes shall
end within one year. The Government shall ensure that these plans receive the necessary funding.
VIII. FINAL PROVISIONS
First. - In accordance with the Framework Agreement, the Secretary-General of the United Nations is
requested to ensure that this Agreement is carried out.
Second. - This Agreement is part of the agreement on a firm and lasting peace and shall take
effect when the latter is signed.
Third. - This Agreement shall be widely publicized.
Mexico City, 19 September 1996.
FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA:
[Signed] Gustavo PORRAS CASTEJÓN [Signed] Otto PÉREZ MOLINA
Brigadier-General
[Signed] Raquel ZELAYA ROSALES [Signed] Morris Eugenio de LEÓN GIL
Colonel (Infantry)
[Signed] Richard AITKENHEAD CASTILLO
FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA:
[Signed]Commander Rolando MORÁN [Signed]Commander Pablo MONSANTO
[Signed] Commander Gaspar ILÓM [Signed] Carlos GONZALES
FOR THE UNITED NATIONS:
[Signed] Jean ARNAULT
Moderator
United States Institute of Peace -- 1200 17th Street NW -- Washington, DC 20036
(202) 457-1700 (phone) -- (202) 429-6063 (fax)
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