Understandings Regarding the New York Agreement ('The Compressed Negotiations')

Country/entity
El Salvador
Region
Americas
Agreement name
Understandings Regarding the New York Agreement ('The Compressed Negotiations')
Date
25/09/1991
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (El Salvador Civil War (1979 - 1992)
The civil war in El Salvador lasted from 1979 to 1992 between an authoritarian government and non-state opponents. Following a failed coup d’état, five leftist guerrilla movements merged to form the umbrella organisation Farabundo Marti National Liberation Front (FMLN). U.S. support for the central Salvatorean government after 1979 lasted until its collapsed in late 1980s, after which the right-wing Republican National Alliance (Arena) filled the power vacuum. In March 1990, the rebels announced a suspension of attacks on non-military entered into talks backed by the UN and Catholic Church with the government. Despite the talks violence peaked over the next two years until the Chapultepec Peace Accords were signed in Mexico City in February 1992. Another ceasefire was signed a month later, which lasted nine months and was never broken during that time. Arena won the 1994 presidential elections and maintained a significant portion of the legislature until 2009, when the FMLN attained the presidency.

El Salvador Civil War (1979 - 1992) )
Stage
Framework/substantive - partial (Multiple issues)
Conflict nature
Government
Peace process
36: El Salvador peace process
Parties
Representing the Government of El Salvador: Dr Oscar Santamaría; Colonel Mauricio Ernesto Vargas; Dr David Escobar Galindo;

Representing the FMLN: Commandant Schafik Handal; Commandant Francisco Jovel; Commandant Eduardo Sánchez Cerén; Commandant Eduardo Sancho; Commandant Joaquín Villalobos;
Third parties
UN rep, Alvaro de Soto (signatory, capacity unclear)
Description
An agreement providing supplementation of the NY Agreement. Govt accepts degree of participation of former FMLN combatants in NCP in return for FMLN agreeing not to seek the inclusion of its units in the armed forces or to demand dissolution of the armed forces at the negotiation table (however, FMLN may later integrate these demands into their own political agenda after peace is secured).

Agreement document
SV_910925_Understandings Regarding the New York Agreement.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
Proportionality
Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.

Human rights and equality

Human rights/RoL
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
Other land rights
Page 2, VI. REGARDING SOCIO-ECONOMIC MATTERS
The Agreements of 3 July 1991 regarding occupied lands adopted between the Government and peasant organisations will be respected.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
Page 1, IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
1. The National Public Security Academy will be headed by a Director General and an Academic Council. The Academic Council will have regulatory functions within its field. The Director General will be the President of the Academic Council and will carry out executive and administrative functions of the Academy.

Page 2, IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
2. COPAZ will determine the number of members of the Academic Council. These will be civilians, short-listed by COPAZ on the basis of political pluralist criteria with the aim of being appointed by the President of the Republic.
3. The Director of the Public Security Academy will be appointed by the President of the Republic from a short list proposed by COPAZ.
4. The Academic body of the Academy will be appointed by the Academic Council. COPAZ will establish appropriate mechanisms to ensure that no political tendency predominates within its ranks.
5. The admission system will be determined by the Academic Council which will ensure that such a system in non discriminatory.
6. COPAZ will specially supervise articles 4 and 5.

Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
1. The Director of the PNC will be appointed by the President of the Republic from a short list proposed by COPAZ.
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.
3. The transitional regime for the commencement of the PNC will be established by COPAZ. It will consider differentiated criteria and admission procedures according to the educational level and or the areas where the personnel will be recruited from and where they will be deployed. All these matters will be supervised by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
Armed forces
Page 1, I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.


Page 1, III. REGARDING THE ARMED FORCES’ EDUCATIONAL SYSTEM
1. The Military School will be governed by a Collegiate System if educational matters; its Director shall be the President of an Academic Council composed of military personnel and civilian academics. The members of the Academic Council will be appointed by the President of the Republic.
2. COPAZ will decide the number of members of the Academic Council which will be made up equally of military personnel and civilians.
3. The civilian members of the Academic Council will be designated on the basis of political pluralistic criteria by the President of the Republic from lists proposed by COPAZ.
4. The academic body will be appointed by the Academic Council which will ensure that no political tendency predominates within it.
5. The Director of the Military Academy will be appointed by the President of the Republic.
6. The admission system will be determined by the Academic Council and it will be ensure that the system is non-discriminatory.
7. COPAZ will specifically supervise compliance with articles 3,4 and 6.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
DDR
DDR programmes
Page 1, II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict. The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.

Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict. The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.
2. The Secretary General will in due course make the reduction plan known to the FMLN prior to the signing of the cessation of the armed conflict.

Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
Page 1, I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
Signed by Alvaro de Soto – Representative of the Secretary General of the United Nations.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh