Comprehensive Agreement Human Rights
Preamble
Taking into consideration the constitutional provisions in effect in respect of human rights and
international treaties, conventions and other instruments on the subject to which Guatemala is a party,
Considering the wish of the Government of Guatemala and of the Unidad Revolucionaria Nacional
Guatemalteca that the agreement on human rights and international verification be applied in accordance with the aforesaid
constitutional provisions and international treaties,
Bearing in mind the commitment of the Government of Guatemala to respect and promote human rights in
accordance with the constitutional mandate,
Considering further that the Unidad Revolucionaria Nacional Guatemalteca undertakes to respect the
inherent attributes of the human being and to contribute to the effective enjoyment of human rights,
Recognizing the importance of national institutions and entities for the protection and promotion of
human rights and the desirability of strengthening them and building them up,
The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca, hereinafter
referred to as "the Parties", hereby agree:
I. GENERAL COMMITMENT REGARDING HUMAN RIGHTS
1. The Government of the Republic of Guatemala reaffirms its adherence to the principles and norms designed
to guarantee and protect the full observance of human rights, and its political will to enforce them.
2. The Government of the Republic of Guatemala shall continue to encourage all those measures designed to
promote and perfect norms and mechanisms for the protection of human rights.
II. STRENGTHENING INSTITUTIONS FOR THE PROTECTION OF HUMAN RIGHTS
1. The Parties consider that any behaviour that limits, restricts or impairs the functions assigned to the
judiciary, the Counsel for Human Rights and the Public Prosecutor's Office in respect of human rights undermines fundamental
principles of the rule of law and that, accordingly, those institutions must be supported and strengthened in the exercise
of those functions.
2. With regard to the judiciary and the Public Prosecutor's Office, the Government of the Republic of
Guatemala reiterates its will to respect their autonomy and to protect the freedom of action of both vis-à-vis
pressures of any type and origin, so that they may enjoy fully such guarantees and means as they may require in order to operate
efficiently.
3. With regard to the Counsel for Human Rights, the Government of the Republic of Guatemala shall continue to
support the latter's work so as to strengthen that institution, backing his actions and promoting such reforms of the enactments
as may be needed to enable him to better carry out his functions and responsibilities. The Government of the Republic of Guatemala
shall support initiatives designed to improve the technical and material conditions available to the Counsel for Human Rights in
carrying out his tasks of investigation, monitoring and follow-up to ensure full enjoyment of human rights in Guatemala.
III. COMMITMENT AGAINST IMPUNITY
1. The Parties agree on the need for firm action against impunity. The Government shall not sponsor the adoption of
legislative or any other type of measures designed to prevent the prosecution and punishment of persons responsible for human rights
violations.
2. The Government of the Republic of Guatemala shall initiate in the legislature necessary legal amendments to the
Penal Code so that enforced or involuntary disappearances and summary or extra-judicial executions may be characterized as crimes
of particular gravity and punished as such; likewise, the Government shall foster in the international community, recognition of
enforced or involuntary disappearances and of summary or extra-judicial executions as crimes against humanity.
3. No special law or exclusive jurisdiction may be invoked to uphold impunity in respect of human rights violations.
IV. COMMITMENT THAT THERE ARE NO ILLEGAL SECURITY FORCES AND CLANDESTINE MACHINERY; REGULATION OF THE
BEARING OF ARMS
1. In order to maintain unlimited respect for human rights, there must be no illegal security forces nor any
clandestine security machinery. The Government of Guatemala recognizes that it has an obligation to combat any manifestation thereof.
2. The Government of the Republic of Guatemala reiterates its commitment to continue with the purification and
professionalization of the security forces. It also expresses the need to continue with the adoption and implementation of
effective measures so as to provide specific regulations governing the possession, bearing and use of firearms by individuals,
in accordance with the law.
V. GUARANTEES REGARDING FREEDOM OF ASSOCIATION AND FREEDOM OF MOVEMENT
1. Both Parties agree that the freedoms of association and of movement are internationally and
constitutionally recognized human rights which must be exercised in accordance with the law and must be fully enjoyed in
Guatemala.
2. In the exercise of his functions, the Counsel for Human Rights shall be responsible for establishing
whether members of the volunteer civil defence committees have been compelled to join those committees against their will
or whether their human rights have been violated.
3. Upon receiving a complaint the Counsel for Human Rights shall immediately conduct the necessary investigations.
For that purpose, after publicly announcing that such committees must be made up of persons who have joined of their own free will,
and must observe the law and human rights, he shall conduct consultations in the villages, making sure that, in such case, committee
members express their wishes freely and without any pressure.
4. Should it be established that some people have not joined of their own free will or that there have been
violations of the legal order, the Counsel shall take whatever decisions he may deem necessary and shall initiate corresponding
judicial or administrative action to punish the human rights violations.
5. The Government of Guatemala shall unilaterally declare that it shall not encourage the organization of nor
shall it establish further volunteer civil defence committees in any part of the national territory provided that there is no
reason for it to do so. For its part, the Unidad Revolucionaria Nacional Guatemalteca sees the unilateral statement as a
positive expression of the Government's will to achieve peace and shall contribute to the aims of such declaration.
6. In the event of a complaint, the residents affected shall go to the town mayor who at the same time shall
convene a public meeting and shall call the Counsel for Human Rights to verify, by all means at his disposal, whether or not
the residents acted of their own free will.
7. Both Parties agree that other aspects of the volunteer civil defence committees shall be dealt with later,
in connection with other items on the general agenda.
8. The Parties recognize the work done by the Office of the Counsel for Human Rights with regard to education
and information, and request that the latter should include in its work information regarding the content and scope of the
present agreement.
VI. MILITARY CONSCRIPTION
1. Conscription for compulsory military service must not be forced, nor should it be cause for a violation of
human rights and, therefore, while military service should continue to be a civic duty and right, it must be just and
non-discriminatory.
2. To that end, for its part, the Government of the Republic of Guatemala shall continue to adopt and implement
the necessary administrative decisions and shall initiate, as soon as possible and in the spirit of this agreement, a new
Military Service Act.
VII. SAFEGUARDS AND PROTECTION OF INDIVIDUALS AND ENTITIES WORKING FOR THE PROTECTION OF HUMAN RIGHTS
1. The Parties agree that all acts which may affect the safeguards of those individuals or entities working for
the promotion and protection of human rights are to be condemned.
2. Accordingly, the Government of the Republic of Guatemala shall take special measures to protect those persons
or entities working in the field of human rights. Furthermore it shall investigate, in a timely and exhaustive manner, any
complaint it may receive relating to acts or threats that may be directed at them.
3. The Government of the Republic of Guatemala reiterates the commitment to safeguard and protect effectively the
work of individuals and entities engaged in upholding human rights.
VIII. COMPENSATION AND/OR ASSISTANCE TO THE VICTIMS OF HUMAN RIGHTS VIOLATIONS
1. The Parties recognize that it is a humanitarian duty to compensate and/or assist victims of human rights
violations. Said compensation and/or assistance shall be effected by means of government measures and programmes of a civilian
and socio-economic nature addressed, as a matter of priority, to those whose need is greatest, given their economic and social
position.
IX. HUMAN RIGHTS AND INTERNAL ARMED CONFRONTATION
1. Until such time as the firm and lasting peace agreement is signed, both Parties recognize the need to put a
stop to suffering of the civilian population and to respect the human rights of those wounded, captured and those who have
remained out of combat.
2. These statements by the Parties do not constitute a special agreement, in the terms of article 3 (Common),
paragraph 2, second subparagraph of the Geneva Conventions of 1949.
X. INTERNATIONAL VERIFICATION BY THE UNITED NATIONS
1. The Parties reaffirm the decision stated in the Framework Agreement of 10 January 1994 that all the
agreements must be accompanied by appropriate national and international verification mechanisms, and that the latter must be
the responsibility of the United Nations.
2. In this context the Parties agree to request the Secretary-General of the United Nations to organize a
mission for the verification of human rights and of compliance with the commitments of the agreement. The mission will be
a component of the overall verification of the firm and lasting peace agreement which the parties undertook to sign within the
shortest possible time during the current year.
3. The Parties recognize the importance of the role of the national institutions responsible for enforcing,
monitoring and safeguarding human rights, such as the judiciary, the Public Prosecutors Office and the Counsel for Human Rights,
and they emphasized the role of the latter, in particular.
4. The Parties agree to ask the Secretary-General of the United Nations that the mission for the verification of
the agreement be established with the following in mind:
Functions
5. In verifying human rights, the mission shall carry out the following functions:
- Receive, consider and follow-up complaints regarding possible human rights violations;
- Establish that the competent national institutions are carrying out the necessary investigations autonomously, effectively
and in accordance with the political constitution of the Republic of Guatemala and international norms regarding human rights;
- Determine whether or not a violation of human rights has occurred on the basis of whatever information it may obtain in
the exercise of the powers referred to in paragraph 10, subparagraphs (a), (b), (c) and (d), taking into consideration any
investigations that the competent constitutional institutions may carry out.
6. In verifying the other commitments set forth in the present agreement, the mission shall determine
whether it is being fully implemented by the parties.
7. According to the findings of its verification activities, the mission shall make recommendations to
the Parties, in particular regarding measures necessary to promote full observance of human rights and faithful implementation
of the present agreement as a whole.
8. Bilateral talks shall be instituted between the mission and each one of the Parties so that the latter
may make observations regarding the mission's recommendations and so as to facilitate implementation of the above-mentioned measures.
9. The mission shall report regularly to the Secretary-General of the United Nations, who shall report to the
competent bodies of that Organization. Copies of these reports shall be transmitted to the Parties.
10. The mission shall be empowered to:
- Establish itself and move freely throughout the national territory;
- Interview any person or group of persons freely and privately for the proper performance of its functions;
- Visit government offices and Unidad Revolucionaria Nacional Guatemalteca encampments freely and without prior
notice when this is deemed necessary for the performance of its functions;
- Collect whatever information may be relevant for the implementation of its mandate.
11. The mission may disseminate information relating to its functions and activities to the Guatemalan public
through the mass media.
12. In verifying the observance of human rights, the mission shall pay particular attention to the rights to life,
integrity and security of person, to individual liberty, to due process, to freedom of expression, to freedom of movement, to
freedom of association and to political rights.
13. In the performance of its functions the mission shall take into account the situation of the most vulnerable
groups of society and to the population directly affected by the armed confrontation (including displaced persons, refugees and
returnees).
14. The mission's activities shall relate to events and situations subsequent to the mission's installation.
15. For purposes of implementation of the general commitment regarding human rights (chapter I of the present
agreement), the Parties understand human rights as meaning those rights which are recognized in the Guatemalan legal order
including international treaties, conventions and other instruments on the subject to which Guatemala is a party.
Cooperation and support for national institutions for the protection of human rights
16. The Parties agree in acknowledging that international verification must contribute to strengthening the
permanent constitutional mechanisms and other national governmental and non-governmental entities for the protection of human
rights. In order to support them, the verification mission shall be empowered to:
- Cooperate with national institutions and entities, as necessary, for the effective protection and promotion of human
rights and, in particular sponsor technical cooperation programmes and carry out institution-building activities;
- Offer its support to the judiciary and its auxiliary organs, the Public Prosecutor's Office, the Counsel for Human Rights
and the Presidential Human Rights Committee in order to contribute to the development and strengthening of national institutions
for the protection of human rights and due legal process;
- Promote the international technical and financial cooperation required to strengthen the capacity of the Counsel
for Human Rights and that of other national institutions and entities to carry out their functions in respect of human
rights;
- Contribute, in cooperation with the State and the various bodies of society, to encouraging a culture of respect
for human rights.
Duration and structure of the mission
17. The mission shall initially be established for one year and its mandate may be renewed.
18. The verification mission shall be headed by a chief, appointed by the Secretary-General of the United Nations,
assisted by such international and national officials and experts in various specialities as may be needed to achieve the aims of
the mission. The Government of Guatemala and the mission shall sign the relevant headquarters agreement, in accordance with the
Convention on the Privileges and Immunities of the United Nations of 1946.
Launching of the international verification mission
19. Taking into consideration its wish to promote human rights in Guatemala, and the fact that the provisions of
the present agreement reflect constitutional rights that are already set forth in Guatemala's legal order and considering the role
of the international mission to strengthen national institutions and entities for the protection of human rights, in particular the
Counsel for Human Rights, the Parties recognize that it is desirable, as an exceptional measure, that verification of the human
rights agreement should commence prior to the signing of the firm and lasting peace agreement.
20. Since the verification mission is to begin its functions prior to the end of the armed confrontation, and
thus while military operations continue, the mission shall make the necessary security arrangements.
21. The Parties agree immediately to ask the Secretary-General of the United Nations to send a preliminary
mission as soon as possible to prepare, in coordination with the Parties, the establishment of the mission at the earliest
possible date, and to evaluate the financial and technical needs essential for verification of the agreement on human rights.
Cooperation of the Parties with the verification mission
22. The Parties undertake to provide their broadest support to the mission and, to that end, they pledge to
provide it with whatever cooperation it may need in order to carry out its functions; in particular to see to the safety of
members of the mission and of persons submitting complaints or giving testimony to the mission.
23. The international verification carried out by the mission shall be carried out within the framework of
the provisions of the present agreement. Any situation that may arise regarding the scope of the agreement shall be resolved
by means of the talks provided for in paragraph 8 above.
XI. FINAL PROVISIONS
1. The present agreement shall enter into force as from the date of its signature by the Parties.
2. The present agreement shall form part of the firm and lasting peace agreement.
3. A copy of the present agreement shall be transmitted by the Parties to the Secretary-General of the United
Nations and to the Counsel for Human Rights.
4. The present agreement shall be widely disseminated throughout Guatemala, in the Spanish and indigenous
languages. This task shall be the responsibility of the Counsel for Human Rights and the relevant government offices.
Done at Mexico, D.F. on 29 March 1994.
For the Government of the Republic of Guatemala
(Signed) Héctor ROSADA GRANADOS (Signed) General Carlos Enrique PINEDA CARRANZA
(Signed) Antonio F. ARENALES FORNO (Signed) General Julio Arnoldo BALCONI TURCIOS
(Signed) Mario PERMUTH (Signed) General José Horacio SOTO SALAN
(Signed) Ernesto VITERI ECHEVERRIA
For the Unidad Revolucionaria Nacional Guatemalteca
General Command
(Signed) Commander Pablo MONSANTO (Signed) Commander Gaspar ILOM
(Signed) Commander Rolando MORAN (Signed) Carlos GONZALES
Political and Diplomatic Commission
(Signed) Luis Felipe BECKER GUZMAN (Signed) Francisco VILLAGRAN MUÑOZ
(Signed) Miguel Angel SANDOVAL VASQUEZ (Signed) Mario Vinicio CASTAÑEDA PAZ
For the United Nations
(Signed)
Marrack GOULDING
Under-Secretary-General
(Signed)
Jean ARNAULT
Moderator
Annex
Joint Statement by the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca
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. For that purpose, the Parties have asked the Moderator to proceed with the consultations
that may be necessary and to convene said special session in the month of May 1994.
(Signed) Héctor ROSADA GRANADOS
Coordinator of the Commission
(Signed) Pablo MONSANTO
Coordinator of the Delegation for Peace of the Government of the Unidad Revolucionaria of Guatemala Nacional
Guatemalteca
(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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