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Agreement on a Firm and Lasting Peace

  • Country/entity

    Guatemala
  • Region

    Americas
  • Agreement name

    Agreement on a Firm and Lasting Peace
  • Date

    29 Dec 1996
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Guatemalan Civil War (1960 - 1996) )
  • Stage

    Framework/substantive - comprehensive
  • Conflict nature

    Government
  • Peace process

    Guatemala peace process
  • Parties

    For the Government of Guatemala:

    (Signed) Gustavo PORRAS CASTEJON

    (Signed) Otto PEREZ-MOLINA, Brigadier-General

    (Signed) Raquel ZELAYA ROSALES

    (Signed) Richard AITKENHEAD CASTILLO


    For the Unidad Revolucionaria Nacional Guatemalteca:

    (Signed) Ricardo RAMÍREZ DE LÉON (Commander Rolando MÓRAN)

    (Signed) Jorge Ismael SOTO GARCÍA (Commander Pablo MONSANTO)

    (Signed) Ricardo ROSALES ROMÁN (Carlos GONZÁLES)

    (Signed) Jorge Edilberto ROSAL MELÉNDEZ


    For the United Nations:
    (Signed) Boutros BOUTROS-GHALI
  • Third parties

    -
  • Description

    The final peace agreement bringing together all previous agreements and binding them into an agenda for peace. These previous agreements (see 'Other agreements section) constitute integral parts of this final Peace Agreement but are coded as separate agreements.


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
    Groups→Indigenous people→Rhetorical
    Page 4, Annex II, I. CONCEPTS,
    5. Recognition of the identity and rights of indigenous peoples is essential for building a multi-ethnic, multicultural and multilingual country of national unity. Respect for and the exercise of the political, cultural, economic and spiritual rights of all Guatemalans is the foundation for a new coexistence reflecting the diversity of their nation.
  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    Page 3, Annex II, I. CONCEPTS,
    3. Population groups uprooted by the armed conflict have the right to reside and live freely in Guatemalan territory. The Government of the Republic undertakes to ensure their return and resettlement in conditions of dignity and security.
  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    Page 4, Annex II, I. Concepts,
    7. The genuine participation of citizens - both men and women - from all sectors of society is essential for achieving social justice and economic growth. The State must broaden these opportunities for participation and strengthen its own role as guiding force of national development, lawmaker, source of public investment, provider of basic services and promoter of social consensus and settlement of disputes. To that end, it must raise fiscal revenues and, as a matter of priority, channel public spending towards social investment.
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 4, Annex II, I. CONCEPTS,
    5. Recognition of the identity and rights of indigenous peoples is essential for building a multi-ethnic, multicultural and multilingual country of national unity. Respect for and the exercise of the political, cultural, economic and spiritual rights of all Guatemalans is the foundation for a new coexistence reflecting the diversity of their nation.
  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→General references
    Page 4, Annex II, I. CONCEPTS,
    10. The strengthening of civilian power is an essential prerequisite for the existence of a democratic regime. The ending of the armed conflict affords an historic opportunity to renew the country's institutions so that, working in coordination, they can guarantee Guatemalans the rights to life, liberty, justice, security, peace and the full development of the individual. The Guatemalan armed forces must adjust their functions to the new era of peace and democracy.

    Page 5, Annex II, I. CONCEPTS,
    14. The implementation of the national agenda arising out of the Peace Agreements is a complex, long-term undertaking requiring the determination to fulfil the commitments made and the involvement of State bodies and of the country's various social and political forces. This undertaking calls for a strategy that sets realistic priorities for the gradual fulfilment of commitments, thereby ushering in a new chapter in Guatemala's history - one of development and democratic coexistence.
  • Elections
    Page 5, Annex II, I. CONCEPTS,
    13. Elections are essential for Guatemala's current transition to a functional, participatory democracy. Improving the electoral regime will help to strengthen the legitimacy of public authority and facilitate the country's democratic transformation.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 3, Annex II, I. CONCEPTS,
    1. The Peace Agreements reflect a national consensus. They have been endorsed by the various sectors represented in the Assembly of Civil Society and outside it. Their progressive implementation must fulfil the legitimate aspirations of Guatemalans and, at the same time, unite the efforts of all behind these common objectives.

    Page 4, Annex II, I. CONCEPTS,
    6. Firm and lasting peace must be based on participatory socio-economic development that is geared to the common good and to the needs of the entire population. Such development requires social justice, as one of the cornerstones of national unity and solidarity, and sustainable economic growth as a prerequisite for meeting the population's social demands.

    Page 4, Annex II, I. CONCEPTS,
    7. The genuine participation of citizens - both men and women - from all sectors of society is essential for achieving social justice and economic growth. The State must broaden these opportunities for participation and strengthen its own role as guiding force of national development, lawmaker, source of public investment, provider of basic services and promoter of social consensus and settlement of disputes. To that end, it must raise fiscal revenues and, as a matter of priority, channel public spending towards social investment.

    Page 4, Annex II, I. CONCEPTS,
    9. The State and organized sectors of society must join forces to find a solution to agrarian problems and promote rural development, both of which are the key to improving the situation of the majority of the population living in rural areas - the population group most seriously affected by poverty, inequity and the weakness of State institutions.

    Page 4, Annex II, I. CONCEPTS,
    10. The strengthening of civilian power is an essential prerequisite for the existence of a democratic regime. The ending of the armed conflict affords an historic opportunity to renew the country's institutions so that, working in coordination, they can guarantee Guatemalans the rights to life, liberty, justice, security, peace and the full development of the individual. The Guatemalan armed forces must adjust their functions to the new era of peace and democracy.

    Page 6, Annex II, IV. FINAL PROVISIONS,
    ... Second. This Agreement shall be widely publicized, especially through formal education programmes.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 4, Annex II, I. CONCEPTS,
    12. The constitutional reforms set out in the Peace Agreements provide the fundamental substantive basis for the reconciliation of Guatemalan society within the framework of the rule of law, democratic coexistence and the full observance of and strict respect for human rights.

Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 3, Annex II, I. CONCEPTS,
    ...
    2. The Government of the Republic reaffirms its adherence to the principles and norms aimed at guaranteeing and protecting full respect for human rights, and its political determination to enforce them.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights
    Human rights and equality→Socio-economic rights→Cultural life
    Page 4, Annex II, I. CONCEPTS,
    5. Recognition of the identity and rights of indigenous peoples is essential for building a multi-ethnic, multicultural and multilingual country of national unity. Respect for and the exercise of the political, cultural, economic and spiritual rights of all Guatemalans is the foundation for a new coexistence reflecting the diversity of their nation.

Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizen, general
    Page 4, Annex II, I. CONCEPTS,
    7. The genuine participation of citizens - both men and women - from all sectors of society is essential for achieving social justice and economic growth. The State must broaden these opportunities for participation and strengthen its own role as guiding force of national development, lawmaker, source of public investment, provider of basic services and promoter of social consensus and settlement of disputes. To that end, it must raise fiscal revenues and, as a matter of priority, channel public spending towards social investment.
  • Democracy
    Page 3, Annex II, I. CONCEPTS,
    ...
    4. The Guatemalan people are entitled to know the full truth about the human rights violations and acts of violence that occurred in the context of the internal armed conflict. Shedding light objectively and impartially on what happened will contribute to the process of national reconciliation and democratization in the country.

    Page 5, Annex II, I. CONCEPTS,
    14. The implementation of the national agenda arising out of the Peace Agreements is a complex, long-term undertaking requiring the determination to fulfil the commitments made and the involvement of State bodies and of the country's various social and political forces. This undertaking calls for a strategy that sets realistic priorities for the gradual fulfilment of commitments, thereby ushering in a new chapter in Guatemala's history - one of development and democratic coexistence.
  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other
    Page 4, Annex II, I. CONCEPTS,
    5. Recognition of the identity and rights of indigenous peoples is essential for building a multi-ethnic, multicultural and multilingual country of national unity. Respect for and the exercise of the political, cultural, economic and spiritual rights of all Guatemalans is the foundation for a new coexistence reflecting the diversity of their nation.

Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 4, Annex II, I. CONCEPTS,
    6. Firm and lasting peace must be based on participatory socio-economic development that is geared to the common good and to the needs of the entire population. Such development requires social justice, as one of the cornerstones of national unity and solidarity, and sustainable economic growth as a prerequisite for meeting the population's social demands.

    7. The genuine participation of citizens - both men and women - from all sectors of society is essential for achieving social justice and economic growth. The State must broaden these opportunities for participation and strengthen its own role as guiding force of national development, lawmaker, source of public investment, provider of basic services and promoter of social consensus and settlement of disputes. To that end, it must raise fiscal revenues and, as a matter of priority, channel public spending towards social investment.

    8. In the search for growth, economic policy must be directed towards preventing processes of economic exclusion, such as unemployment and impoverishment, and towards optimizing the benefits of economic growth for all Guatemalans. Raising the standard of living and ensuring health care, education, social security and training for Guatemalans are preconditions for achieving sustainable development in Guatemala.

    9. The State and organized sectors of society must join forces to find a solution to agrarian problems and promote rural development, both of which are the key to improving the situation of the majority of the population living in rural areas - the population group most seriously affected by poverty, inequity and the weakness of State institutions.
  • 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

    No specific mention.

  • 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
    Page 3, Annex II, I. CONCEPTS,
    3. Population groups uprooted by the armed conflict have the right to reside and live freely in Guatemalan territory. The Government of the Republic undertakes to ensure their return and resettlement in conditions of dignity and security.

    Page 4, Annex II, I. CONCEPTS,
    8. In the search for growth, economic policy must be directed towards preventing processes of economic exclusion, such as unemployment and
    impoverishment, and towards optimizing the benefits of economic growth for all Guatemalans. Raising the standard of living and ensuring health care, education, social security and training for Guatemalans are preconditions for achieving sustainable development in Guatemala.

    Page 4, Annex II, I. CONCEPTS,
    10. The strengthening of civilian power is an essential prerequisite for the existence of a democratic regime. The ending of the armed conflict affords an historic opportunity to renew the country's institutions so that, working in coordination, they can guarantee Guatemalans the rights to life, liberty, justice, security, peace and the full development of the individual. The Guatemalan armed forces must adjust their functions to the new era of peace and democracy.

    Page 4, Annex II, I. CONCEPTS,
    11. The legal integration of URNG, in conditions of security and dignity, is in the national interest and is directly related to the objective of reconciliation and the consolidation of a democratic system open to all.
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 4, Annex II, I. CONCEPTS,
    11. The legal integration of URNG, in conditions of security and dignity, is in the national interest and is directly related to the objective of reconciliation and the consolidation of a democratic system open to all.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • 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
    Page 3, Annex II, Untitled Preamble,
    .. To this end, the Peace Agreements provide the country with a comprehensive agenda for overcoming the root causes of the conflict and laying the foundations for a new kind of development,

    Page 3, Annex II, I CONCEPTS,
    4. The Guatemalan people are entitled to know the full truth about the human rights violations and acts of violence that occurred in the context of the internal armed conflict. Shedding light objectively and impartially on what happened will contribute to the process of national reconciliation and democratization in the country.
  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    Page 3, Annex II, I CONCEPTS,
    4. The Guatemalan people are entitled to know the full truth about the human rights violations and acts of violence that occurred in the context of the internal armed conflict. Shedding light objectively and impartially on what happened will contribute to the process of national reconciliation and democratization in the country.

Implementation

  • UN signatory
    For the United Nations:
    (Signed) Boutros BOUTROS-GHALI
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    UN Peacemaker http://peacemaker.un.org/guatemala-firmlastingpeace96

ANNEX II

Agreement on a firm and lasting peace

Whereas:

The signing of this Agreement puts an end to more than three decades of armed conflict in Guatemala and thus to a painful era in our history,

In recent years, the search for a political solution to the armed conflict has created new opportunities for dialogue and understanding within Guatemalan society,

The country now faces the task, in which all Guatemalans must share, of preserving and consolidating peace,

To this end, the Peace Agreements provide the country with a comprehensive agenda for overcoming the root causes of the conflict and laying the foundations for a new kind of development,

Compliance with these Agreements is an historic, unavoidable commitment,

Present and future generations must be made aware of the full implications of the peace commitments,

The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed as follows:

I. CONCEPTS

1. The Peace Agreements reflect a national consensus.

They have been endorsed by the various sectors represented in the Assembly of Civil Society and outside it.

Their progressive implementation must fulfil the legitimate aspirations of Guatemalans and, at the same time, unite the efforts of all behind these common objectives.

2. The Government of the Republic reaffirms its adherence to the principles and norms aimed at guaranteeing and protecting full respect for human rights, and its political determination to enforce them.

3. Population groups uprooted by the armed conflict have the right to reside and live freely in Guatemalan territory.

The Government of the Republic undertakes to ensure their return and resettlement in conditions of dignity and security.

4. The Guatemalan people are entitled to know the full truth about the human rights violations and acts of violence that occurred in the context of the internal armed conflict.

Shedding light objectively and impartially on what happened will contribute to the process of national reconciliation and democratization in the country.

5. Recognition of the identity and rights of indigenous peoples is essential for building a multi-ethnic, multicultural and multilingual country of national unity.

Respect for and the exercise of the political, cultural, economic and spiritual rights of all Guatemalans is the foundation for a new coexistence reflecting the diversity of their nation.

6. Firm and lasting peace must be based on participatory socio-economic development that is geared to the common good and to the needs of the entire population.

Such development requires social justice, as one of the cornerstones of national unity and solidarity, and sustainable economic growth as a prerequisite for meeting the population's social demands.

7. The genuine participation of citizens - both men and women - from all sectors of society is essential for achieving social justice and economic growth.

The State must broaden these opportunities for participation and strengthen its own role as guiding force of national development, lawmaker, source of public investment, provider of basic services and promoter of social consensus and settlement of disputes.

To that end, it must raise fiscal revenues and, as a matter of priority, channel public spending towards social investment.

8. In the search for growth, economic policy must be directed towards preventing processes of economic exclusion, such as unemployment and impoverishment, and towards optimizing the benefits of economic growth for all Guatemalans.

Raising the standard of living and ensuring health care, education, social security and training for Guatemalans are preconditions for achieving sustainable development in Guatemala.

9. The State and organized sectors of society must join forces to find a solution to agrarian problems and promote rural development, both of which are the key to improving the situation of the majority of the population living in rural areas - the population group most seriously affected by poverty, inequity and the weakness of State institutions.

10. The strengthening of civilian power is an essential prerequisite for the existence of a democratic regime.

The ending of the armed conflict affords an historic opportunity to renew the country's institutions so that, working in coordination, they can guarantee Guatemalans the rights to life, liberty, justice, security, peace and the full development of the individual.

The Guatemalan armed forces must adjust their functions to the new era of peace and democracy.

11. The legal integration of URNG, in conditions of security and dignity, is in the national interest and is directly related to the objective of reconciliation and the consolidation of a democratic system open to all.

12. The constitutional reforms set out in the Peace Agreements provide the fundamental substantive basis for the reconciliation of Guatemalan society within the framework of the rule of law, democratic coexistence and the full observance of and strict respect for human rights.

13. Elections are essential for Guatemala's current transition to a functional, participatory democracy.

Improving the electoral regime will help to strengthen the legitimacy of public authority and facilitate the country's democratic transformation.

14. The implementation of the national agenda arising out of the Peace Agreements is a complex, long-term undertaking requiring the determination to fulfil the commitments made and the involvement of State bodies and of the country's various social and political forces.

This undertaking calls for a strategy that sets realistic priorities for the gradual fulfilment of commitments, thereby ushering in a new chapter in Guatemala's history - one of development and democratic coexistence.

II. ENTRY INTO FORCE OF THE PEACE AGREEMENTS

15. All agreements signed on the basis of the Framework Agreement on Democratization in the Search for Peace by Political Means, signed at Queretaro, Mexico, on 2 5 July 1991, and those concluded since the Framework Agreement for the Resumption of the Negotiating Process, signed at Mexico City on 10 January 1994, are hereby incorporated into this Agreement on a Firm and Lasting Peace.

Those agreements are:

(a) The Comprehensive Agreement on Human Rights, signed at Mexico City on 19 March 1994;

(b) The Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict, signed at Oslo on 17 June 1994;

(c) The Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that Have Caused the Guatemalan Population to Suffer, signed at Oslo on 23 June 1994;

(d) The Agreement on Identity and Rights of Indigenous Peoples, signed at Mexico City on 31 March 1995;

(e) The Agreement on Social and Economic Aspects and the Agrarian Situation, signed at Mexico City on 6 May 1996;

(f) The Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society, signed at Mexico City on 19 September 1996;

(g) The Agreement on the Definitive Ceasefire, signed at Oslo on 4 December 1996;

(h) The Agreement on Constitutional Reforms and the Electoral Regime, signed at Stockholm on 7 December 1996;

(i) The Agreement on the Basis for the Legal Integration of URNG, signed at Madrid on 12 December 1996;

(j) The Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements, signed at Guatemala City on 29 December 1996.

16. With the exception of the Comprehensive Agreement on Human Rights, which has been in force since it was signed, all the agreements incorporated into the Agreement on a Firm and Lasting Peace shall enter into force formally and in full when the present Agreement is signed.

III. EXPRESSION OF GRATITUDE

17. Upon completion of the historic negotiating process in the search for peace by political means, the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca wish to place on record their gratitude for the national and international efforts that have contributed to the conclusion of the Agreement on a Firm and Lasting Peace.

They emphasize the role played by the National Reconciliation Commission, the Conciliation, the Assembly of Civil Society and United Nations Moderation.

They also express appreciation for the support provided by the Group of Friends of the Guatemalan Peace Process, consisting of the Republic of Colombia, the United Mexican States, the Kingdom of Norway, the Kingdom of Spain, the United States of America and the Republic of Venezuela.

IV. FINAL PROVISIONS

First.

The Agreement on a Firm and Lasting Peace shall enter into force when it is signed.

Second.

This Agreement shall be widely publicized, especially through formal education programmes.

Guatemala City, 29 December 1996.

For the Government of Guatemala:

(Signed) Gustavo PORRAS CASTEJON

(Signed) Otto PEREZ-MOLINA Brigadier-General

(Signed) Raquel ZELAYA ROSALES

(Signed) Richard AITKENHEAD CASTILLO

For the Unidad Revolucionaria Nacional Guatemalteca:

(Signed) Ricardo RAMIREZ DE LEON (Commander Rolando MORAN)

(Signed) Jorge Ismael SOTO GARCIA (Commander Pablo MONSANTO)

(Signed) Ricardo ROSALES ROMAN (Carlos GONZALEZ)

(Signed) Jorge Edilberto ROSAL MELENDEZ

For the United Nations:

(Signed) Boutros BOUTROS-GHALI