• Country/entity

  Guatemala
  

• Region

  Americas
  

• Agreement name

  Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements

• Date

  29 Dec 1996

• Agreement status

  Multiparty signed/agreed

• Interim arrangement

  Yes

• Agreement/conflict level

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

• Stage

  Implementation/renegotiation

• Conflict nature

  Government

• Peace process

  Guatemala peace process

• Parties

  For the Government of Guatemala:
  Signed:
  
  Gustavo PORRAS CASTEJON
  Richard AITKENHEAD CASTILLO
  Raquel ZELAYA ROSALES
  Otto PEREZ MOLINA Brigadier General
  
  For the Unidad Revolucionaria National Guatemalteca:
  Signed:
  
  Jorge E. ROSAL MELENDEZ
  Ricardo RAMIREZ DE LEON (Commander Rolando MORÁN
  Jorge Ismael SOTO GARCÍA (Commander Pablo MONSANTO)
  Ricardo ROSALES ROMÁN (Carlos GONZÁLES)

• Third parties

  For the Untied Nations: (Signed) Jean ARNAULT

• Description

  Provided guide for implementation of all commitments undertaken since 1994. Mandate of the Commission for Historical Clarification set for six months, with possibility of one extension. Requested that the UN establish a mission to verify all agreements.

• Agreement document

  GT_961229_AgreementOnImplementationForThePeaceAgreements.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements

Whereas:

The negotiating process has resulted in a national agenda for.overcoming the root causes of social, political, economic, ethnic and cultural conflict and also the consequences of the armed conflict,

The implementation of that agenda is a complex, long-term undertaking requiring the determination to fulfil the commitments made and the involvement of the different State bodies and of the country's various social and political forces,

This national undertaking calls for an implementation strategy that sets realistic priorities for gradual fulfilment of the various aspects of the Peace Agreements as and when the political, institutional, financial and technical bases for their implementation are established,

One political basis for the implementation process is the functioning of the various commissions set up under the Agreements, and of other bodies that will facilitate effective consultation and cooperation in building peace,

The Timetable set out in this Agreement provides a time-frame whose purpose is to make this national endeavour viable, as well as its follow-up by the international community, on the basis of a realistic approach and extensive consultation,

Implementation of the Agreements will be facilitated by the establishment of a follow-up mechanism and by international verification, with a view to achieving greater certainty, flexibility and confidence in the implementation process as a whole,

The execution of the Implementation, Compliance and Verification Timetable for the Peace Agreements should encourage all social and political forces to join together in an effort to open a new chapter of development and democratic coexistence in the history of the country,

The Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) (hereinafter referred to as "the Parties") agree as follows:

I. PRESENTATION OF THE TIMETABLE

1. The implementation and verification timetable set out in this Agreement constitutes a guide for the phased implementation of those commitments set out in the Peace Agreements whose fulfilment can, at this point, be scheduled reliably.

The following four types of commitment are therefore not dealt with in the Timetable:

(a) General and/or ongoing commitments, such as the general commitments entered into under the Comprehensive Agreement on Human Rights;

(b) Specific commitments subject to constitutional amendments, whose implementation depends on the adoption of such amendments by the Congress of the Republic and on the subsequent referendum;

(c) Specific commitments whose fulfilment is subject to prior consultation, particularly those commitments whose fulfilment depends on the recommendations of the joint commissions and other commissions set up under the Peace Agreements;

and

(d) Specific commitments whose fulfilment depends on the completion of other types of scheduled action.

2. The Follow-up Commission established under this Agreement shall determine the subsequent timetable for fulfilling the commitments referred to under subparagraphs (b), (c) and (d) above and shall, where necessary, reschedule the commitments set out in this Timetable, in order to ensure the proper implementation of the Peace Agreements.

Strategy

3. The Timetable is divided into three phases:

the first covers a 90-day period from 15 January 1997;

the second lasts until the end of 1997;

and the third covers 1998, 1999 and 2000.

The implementation strategy for these three phases is guided by the following needs:

(a) To adhere to the timetables already laid down in the Agreements;

(b) To move ahead simultaneously with the implementation of all the Agreements;

(c) To take into account realistically the human and material resources available in each phase;

(d) To stagger implementation of the fundamental components of the Agreements, thereby seeking to avoid dissipating governmental and non-governmental implementation efforts;

(e) To place emphasis, at the beginning of the process of implementing the commitments, on the establishment of the consultation machinery provided for in the Agreements, where provision has been made for such machinery, and on the institutional, legal or financial basis for the implementation of the commitments in question;

(f) To promote the effective participation of all social sectors in meeting their needs, particularly in establishing public policies concerning them, and accordingly, to set timetables for those actions that depend on the consensus-building mechanisms provided for in the Agreements, taking into account their outcome;

and

(g) In view of the key role which the raising of fiscal revenues and the priority channelling of public spending towards social investment are to play in the implementation of the commitments laid down in the Peace Agreements, the Parties have agreed to set out in an appendix the programming of intermediate annual targets, in relation to gross domestic product (GDP), for increasing the tax burden, increasing public spending on education, health, public security and the justice system, and reducing defence spending in future years.

Indicative targets for economic growth for the period 1997-2000 are also set out in the appendix.

Content of the phases

4. Based on the above, the main, but not sole, emphasis in each phase shall be on the following:

(a) The timetable for the first 90 days shall place emphasis on:

(i) Preparing for the implementation of medium- and long-term agreements, particularly by setting up the commissions provided for in the Agreements and by developing and introducing programmes of action in various areas covered by the Agreements;

(ii) Carrying out short-term action for which timetables are laid down in the Peace Agreements, particularly the ceasefire process and the process of integrating URNG.

The action scheduled on the basis of D-Day is subject to the existence of the necessary conditions for launching the ceasefire process;

and

(iii) Carrying out other types of action linked to the consequences of the armed conflict, such as developing the programme for compensating victims and continuing to care for refugees and displaced persons;

(b) The timetable for the remainder of 1997 includes, in addition to the emphasis to be given under subparagraph (a) above, the following:

(i) New programmes of action, social investment and investment in production;

(ii) Modernization and decentralization of the State;

(iii) Public administration reform;

(iv) Comprehensive strategy for rural development;

(v) Fiscal policy;

and

(vi) Restructuring of domestic security policy and national defence policy.

(c) In addition to the components referred to under subparagraphs (a) and (b), the timetable for 1998, 1999 and 2000 shall cover action relating to the results of the joint commissions and other commissions provided for by the Agreements.

In particular, it shall promote the legislative agenda arising out of the Peace Agreements in four areas:

reform of the Penal Code and legal framework for modernizing the administration of justice;

issues of land tenure and land use;

adaptation of legislation and institutions to the multi-ethnic, multicultural and multilingual nature of Guatemala;

and reform of the Guatemalan electoral regime.

5. The Follow-up Commission shall schedule measures resulting from constitutional amendments, once the amendments in question have been adopted.

Implementation of the Timetable

6. With a view to implementing the Timetable, the Parties have divided the commitments set out in the Agreements into four thematic areas:

(a) Resettlement, integration of URNG and national reconciliation;

(b) Comprehensive human development;

(c) Sustainable development of production;

and

(d) Modernization of the democratic State, including strengthening of the capacity for participation and consensus-building of the various components of civil society.

7. The corresponding programmes, subprogrammes and projects shall be grouped under each area.

The Government has decided that the Peace Secretariat shall be responsible for the technical coordination of its action with a view to implementation in the areas in question.

8. Reiterating that the implementation of the Peace Agreements must enable all the country's social and political forces to undertake in a cooperative and responsible spirit the immediate tasks of fighting poverty, discrimination and privilege, the Government has undertaken to promote such action with the effective participation of all social sectors.

9. The Parties call on the various sectors of Guatemalan society to take a leading role in implementing the development agenda set out in the Agreements.

They also call on the international community to continue to support national efforts, particularly during the initial phases of the implementation process, while Guatemala is building its own capacities in the areas of human, institutional and financial resources.

II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997

A. Comprehensive Agreement on Human Rights

Compensation for and/or assistance to victims of human rights violations

10. Establish the State body responsible for public policy regarding compensation for and/or assistance to victims of human rights violations, and present a compensation programme.

B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict

Documentation

11. Sponsor in the Congress of the Republic the necessary amendments to the Act on the Personal Documentation of the Population Uprooted by the Internal Armed Conflict (Decree 73-95) .

Such amendments, in addition to solving the documentation problems of uprooted population groups, shall resolve the lack of personal documentation of URNG members.

The Congress of the Republic shall be asked to consider and resolve this issue in the two months following the introduction of the corresponding initiative.

Identification of land for the resettlement of uprooted persons

12. Present existing studies concerning State, municipal and private land with an option to buy (location, legal regime, acquisition, size, boundaries and agricultural suitability), for the purpose of resettling uprooted population groups.

Mine clearance

13. Implement a programme for clearing all types of mines, bearing in mind that both the Guatemalan armed forces and URNG are to provide the United Nations with detailed information on explosives, mines and existing minefields.

Fund for the Resettlement of Uprooted Population Groups

14. Establish a fund for the implementation of the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict.

Plan for the education of uprooted population groups

15. Request the United Nations Educational, Scientific and Cultural Organization (UNESCO) to submit a specific plan for the education of uprooted population groups.

Resettlement of uprooted population groups

16. Speed up the ongoing negotiations between the Government, refugees and displaced persons to ensure the voluntary return of uprooted persons to their place of origin, or to a location of their choice, in dignity and safely.

C. 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

Clarification Commission

17. The members of the Commission shall be appointed and shall set the date on which it is to be established and to begin functioning.

The Commission shall complete its work within six months of its establishment, but that period may be extended by a further six months, if the Commission so decides.

D. Agreement on identity and rights of indigenous peoples

Official Recognition Commission

18. Set up the Commission for the Official Recognition of Indigenous Languages, with the participation of representatives of linguistic communities and the Academy of Mayan Languages of Guatemala, which shall study arrangements for granting official recognition, taking account of linguistic and territorial criteria.

Commission on Holy Places

19. Establish the Commission on Holy Places, made up of representatives of the Government and indigenous organizations and of indigenous spiritual guides, to identify such places and lay down rules for their preservation.

Joint Commission on Education Reform

20. Establish the Joint Commission on Education Reform, comprising representatives of the Government and of indigenous organizations, to design educational reforms consistent with Guatemala's cultural and ethnic diversity.

E. Agreement on Social and Economic Aspects and the Agrarian Situation

Review of labour legislation

21. Submit a report on legal and regulatory changes introduced in 1996 to enforce labour laws and severely penalize violations, including violations of the minimum wage;

non-payment, withholding and delaying of wages;

occupational hygiene and safety;

and the work environment, as well as legal and regulatory changes that need to be promoted in 1997.

Expansion of the National Agricultural Development Council

22. Strengthen and expand the participation of small farmers' organizations, rural women, indigenous organizations, cooperatives, producers' associations and non-governmental organizations in the National Agricultural Development Council (CONADEA), as the main mechanism for consultation, coordination and participation in the decision-making process for rural development.

Land Office

23. Set in motion the Presidential Office for Legal Assistance and Dispute Settlement in Land Matters, with nationwide coverage and the task of providing advice and legal assistance to small farmers and agricultural workers with a view to the full exercise of their rights.

Land registry information

24. Launch the land surveying process in pilot areas.

Civic education programme

25. Present a national civic education programme for democracy and peace that promotes the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.

Rural development investment programme for the period 1997-1999

26. Develop and present a rural development investment programme, with emphasis on basic infrastructure (main roads, rural roads, electricity, telecommunications, water and environmental sanitation) and production projects, for a total of 300 million guetzales in 1997.

Legislation and strengthening of tax administration

27. Submit a report on:

(a) amendments made to the Tax Code and other legislation in 1996 to eliminate loopholes and establish harsher penalties for tax evasion, avoidance and fraud;

(b) steps taken to ensure the correct and prompt application of or reimbursement of the tax credit and to punish severely those who do not return withheld value-added tax to the tax authorities;

and (c) any additional measures that may be deemed necessary.

28. Promote and present initiatives to strengthen institutional mechanisms for revenue collection and auditing.

Women's forum

29. Promote the convening of a women's forum on the commitments concerning women's rights and participation set out in the Peace Agreements.

F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society

Multi-party legislative body

30. Request the Office of the President of the Congress of the Republic to set up a multi-party body to enhance, modernize and strengthen the legislative branch, in accordance with the agenda set out in the Agreement.

Commission on the Strengthening of the Justice System

31. The President of Guatemala shall sponsor the establishment of the Commission on the Strengthening of the Justice System, with the mandate to prepare within six months, following an extensive debate on the justice system, a report and a set of recommendations that can be implemented as soon as possible, in accordance with the agenda proposed in the Agreement.

National Civil Police

32. Sponsor and introduce the legislative proposal regulating the functioning of the new National Civil Police.

Police Academy

33. Stipulate that members of the new police force shall receive training at the Police Academy, where they shall be given extensive professional preparation and imbued with a culture of peace, respect for human rights and democracy, and obedience to the law.

Demobilization of the Voluntary Civil Defence Committees

34. Conclude the demobilization and disarming of the Voluntary Civil Defence Committees within 3 0 days of the repeal of the decree creating them.

G. Agreement on Constitutional Reforms and the Electoral Regime

Constitutional reforms

35. The Government of the Republic shall place before the Congress of the Republic the draft constitutional amendments contained in sections A and B of the Agreement on Constitutional Reforms and the Electoral Regime.

Electoral Reform Commission

36. Request the Supreme Electoral Tribunal to establish and preside over an Electoral Reform Commission charged with publishing a report and making a series of recommendations on electoral reform and the corresponding legislative amendments.

It is recommended that the Commission be constituted no later than three months after the signing of the Agreement on a Firm and Lasting Peace, with the representatives indicated in the Agreement.

Moreover, it is recommended that the Commission complete its work no later than six months from the date of its establishment.

H. Agreement on the Definitive Ceasefire

Entry into force

37. The ceasefire shall enter into force as of 0000 hours on D-Day, the date on which the United Nations verification mechanism shall be in place with full operational capacity.

This phase must be completed by no later than D+60, with the.demobilization of URNG.

38. The Parties undertake to maintain the current cessation of offensive military activity by URNG and of counter-insurgent military activities by the Guatemalan armed forces until D-Day.

39. The United Nations shall notify the Parties of the establishment of the verification mechanism as soon as possible, so that D-Day may be set.

Deployment of the verification mechanism

40. From D-10 to D-Day the United Nations shall deploy its personnel and equipment in order to verify the ceasefire at the sites determined by the Parties in the annexes to the Agreement on the Definitive Ceasefire.

Verification sites

41. For purposes of verification, during the period of the ceasefire, representatives of the United Nations shall be present in the military units of the Guatemalan armed forces designated in annex C and at the URNG assembly points specified in annex A to the Agreement on the Definitive Ceasefire.

Ban on political propaganda

42. During troop movements and once at the assembly points, the assembled forces may not engage in any propaganda or political activities beyond the assembly points.

Security zone

43. A security zone with a radius of 6 kilometres shall be established around each assembly point in which no units of the Guatemalan armed forces, Voluntary Civil Defence Committees (CVDCs) or members of URNG may be present.

44. Only United Nations verification units may have access to these zones.

Police activities may be carried out subject to coordination with the United Nations verification authority.

Coordination zone

45. A coordination zone extending a further 6 kilometres shall be established around each security zone.

Movement by military units of the Guatemalan armed forces and CVDCs must be coordinated in advance with the United Nations verification authority.

Information concerning troops and armaments

46. URNG shall provide the United Nations with detailed information on the number of troops, list of names, inventories of weapons, explosives and mines, and all other necessary information concerning the existence of minefields, munitions and other military equipment, both in their possession and in storage.

The Guatemalan armed forces shall likewise provide updated information on the number of troops in the units to be redeployed which are identified in annex C to the Agreement on the Definitive Ceasefire.

Both Parties shall transmit this information to the verification authority no later than D+15.

47. The Parties agree to transmit to the verification authority within the time agreed with both of them any additional information required by the authority.

Start of redeployment

48. Redeployment of the units of the Guatemalan armed forces designated in annex C to the Agreement on the Definitive Ceasefire shall begin on D+2 and shall continue until D+10, or earlier, if possible.

49. URNG troops shall begin to move towards the assembly points designated in annex A to the Agreement on the Definitive Ceasefire from D+ll to D+21, or earlier, if possible.

They shall be accompanied in this move by the verification mission.

50. The Parties shall communicate to the United Nations verification authority no later than D-10 the full programme for the moves of their respective forces (composition, route to be taken, when the move is to begin and any other information needed to complete the verification).

Restriction of airspace

51. This shall enter into force on D-Day;

utilization of airspace shall remain restricted as follows:

(a) Military flights over security zones shall be prohibited except in the event of a disaster or public emergency, in which case advance notice of such flights shall be given to the United Nations verification authority;

(b) Military flights over coordination zones shall be permitted with advance notification to the United Nations verification mission.

Control of armaments

52. From D+ll to D+42 in URNG assembly points, weapons, munitions and other military equipment shall be deposited in special warehouses designated by the United Nations;

combatants, however, shall keep their personal equipment and weapons as long as they remain in those locations.

Operational aspects

53. The phased demobilization of URNG combatants and their integration, within a framework of legality, into the civil, political, socio-economic and institutional life of the country shall take place in accordance with the provisions of the Agreement on the Basis for the Legal Integration of URNG and subject to the implementation of the Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements.

The demobilization shall be carried out as follows:

(a) From D+43 to D+48:

33 per cent;

(b) From D+49 to D+54:

66 per cent;

(c) From D+55 to D+60:

100 per cent.

Logistical support commission

54. A commission made up of representatives of URNG and of the Government of Guatemala shall be established, under the coordination of the United Nations, in order to provide logistical support to the ceasefire and demobilization process.

The number of members of the Commission shall be determined in accordance with needs.

Handing over of weapons and munitions

55. Prior to the demobilization of the last group of combatants, and by D+60 at the latest, URNG shall hand over to the United Nations all weapons and military equipment of its forces, whether in its possession or in storage.

Start of verification

56. Verification shall start on D-Day when the ceasefire comes into effect, in accordance with the provisions of the Agreement on the Definitive Ceasefire, without thereby restricting fulfilment by the Guatemalan armed forces of their constitutional function in the rest of the national territory.

Coordination and follow-up

57. For the purposes of coordination and follow-up, the Parties undertake to designate officials, at different levels, to liaise with the verification authority.

I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca

Initial integration phase

58. The demobilization stage shall last two months and means the ending of URNG military structures at the agreed assembly points.

This stage shall include services such as the provision of temporary documentation and vocational training and guidance, with a view to facilitating the subsequent integration of demobilized combatants.

The verification authority shall transmit to the Special Integration Commission no later than D+30 a definitive list of demobilized combatants drawn up at assembly points.

59. URNG shall transmit to the verification authority by D-15 at the latest a list of members not subject to assembly who are to be beneficiaries of the initial integration phase.

The authority shall, in turn, transmit such list to the Special Integration Commission once it has been set up.

Temporary documentation

60. Request the verification authority to issue temporary documentation for demobilized combatants and other beneficiaries of the Agreement on the Basis for the Legal Integration of URNG.

Security of URNG

61. The Government undertakes to adopt administrative measures to guarantee the necessary conditions for the effective exercise of the civil rights of URNG members, particularly the rights to life, security and physical integrity, and shall pay special attention to any complaints regarding violations of the security of URNG members.

Respect for this undertaking shall be subject to special verification by the international verification authority, which may arrange for URNG members to be accompanied temporarily when the need arises.

Vocational guidance and training

62. URNG members shall receive vocational guidance and assistance during the demobilization phase, and subsequently if necessary.

Once agreement is reached on the kind of economic activity in which they are to engage, they shall be eligible for specific programmes of technical and vocational training.

Health

63. In the demobilization, phase, ensure that combatants gathered at assembly points receive a medical check-up.

The necessary action shall be taken to treat cases identified by the check-up, either in the camps or locally.

The Special Integration Commission shall ensure that patients who require further treatment are referred to the corresponding services.

This subprogramme shall be carried out in cooperation and consultation with the URNG medical team.

Legal assistance

64. Begin the provision of legal assistance to UNRG members to help them deal with the legal aspects of their integration.

Family reunification

65. Initiate the necessary measures to enable URNG members to be reunited with their families.

The Government undertakes to extend all necessary facilities to that end.

Special Integration Commission

66. Set up the Special Integration Commission, which shall consist of an equal number of representatives from the Government and URNG and, in a consultative capacity, representatives from donor and cooperating countries and international cooperation agencies.

The Commission shall be set up within 15 days following the signing of the Agreement on a Firm and Lasting Peace, and the Government shall issue the corresponding government decree to that effect.

Rules of the Special Integration Commission

67. The Special Commission shall, by means of specific rules to be adopted no later than 30 days after it is set up, organize its responsibilities in the areas of coordination, financial management and decision-making with respect to subprogrammes and projects deriving from the Agreement on the Basis for the Legal Integration of URNG.

The Special Commission shall likewise identify, in consultation with donor and cooperating countries and agencies, appropriate financial mechanisms, including the possibility of trust funds, to facilitate the flexible and effective implementation of the integration programme.

Integration Foundation

68. URNG undertakes to set up the Integration Foundation.

The Government undertakes to expedite the procedures for setting up the Foundation.

J. Other commitments

Publicity

69. Publicize the Peace Agreements as widely as possible.

III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997

A. Comprehensive Agreement on Human Rights

Compensation

70. Put into effect the programme of compensation for and/or assistance to victims of human rights violations and sponsor the relevant legislation, taking into account the recommendations of the Clarification Commission.

Military conscription

71. See "Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society", paragraph 129 of this Agreement.

Regulation of the bearing of arms

72. See "Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society", paragraphs 130 and 131 of this Agreement.

Strengthening of institutions for the protection of human rights

73. Support initiatives for improving 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 the full enjoyment of human rights in Guatemala.

B. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict

Identification of land for the resettlement of uprooted persons

74. Conduct further studies to identify State, municipal and private land with an option to buy, for the purpose of resettling uprooted population groups.

Resettlement

75. Conclude the planning and/or resolution of the processes of return and transfer for the resettlement of uprooted population groups, based on their freely expressed wishes and decisions.

Documentation

76. Step up the personal documentation process for all those who do not have such documentation, particularly uprooted population groups and URNG members, including formal registration of the children of uprooted persons and URNG members born abroad.

Productive integration of uprooted population groups

77. Undertake productive integration programmes, as part of a policy of sustainable development with equity, in resettlement areas and regions.

See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraphs 102, 103 and 106 of this Agreement.

Prompt settlement of land disputes

78. See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraph 108 of this Agreement.

Consensus-building for development planning

79. See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraph 86 of this Agreement.

Implementation of the education plan

80. Recognize the formal and non-formal educational levels of uprooted persons and the non-formal studies of education and health outreach workers.

Strengthening of local governments and organizations

81. See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraph 167 of this Agreement.

C. 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

Clarification Commission

82. Functioning of the Commission and a decision by it to either extend its mandate or deliver its report.

D. Agreement on Identity and Rights of Indigenous Peoples

Joint Commission on Reform and Participation

83. Set up the Joint Commission on Reform and Participation, composed of representatives of the Government and representatives of indigenous organizations.

Joint Commission on Land Rights

84. Set up the Joint Commission on Land Rights, composed of representatives of the Government and representatives of indigenous organizations.

Office for the Defence of Indigenous Women's Rights

85. Set up an Office for the Defence of Indigenous Women's Rights, with the participation of such women, to provide, inter alia, legal advisoryservices and social services.

E. Agreement on Social and Economic Aspects and the Agrarian Situation

System of urban and rural development councils to ensure public participation

86. In keeping with the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and the Agreement on Identity and Rights of Indigenous Peoples, the Government undertakes, as a matter of priority, to:

(i) re-establish the local development councils;

(ii) sponsor an amendment to the Urban and Rural Development Council Act to broaden the range of sectors participating in the departmental and regional development councils;

and (iii) provide adequate funding for the council system, so as to promote public participation in identifying local priorities, the design of public programmes and projects and the integration of national urban and rural development policy.

Municipal training

87. Establish and implement, in cooperation with the National Association of Municipalities (ANAM), an ongoing municipal training programme that will serve as a framework for national efforts and international cooperation in this field.

Participation of women in economic and social development

88. Taking into account the results of the forum envisaged in paragraph 29 of this Agreement, follow up the commitments concerning women set out in the Peace Agreements.

Advisory Commission on Educational Reform

89. The Ministry of Education shall set up the Commission, which shall consist of participants in the educational process, including representatives of the Education Reform Commission set up pursuant to the Agreement on Identity and Rights of Indigenous Peoples.

Out-of-school education and training

90. Design and implement programmes of out-of-school education, training and technical training, as well as training programmes in communities and enterprises and, in rural areas, programmes to improve business management skills and enhance the skills, diversification and productivity of human resources.

Civic education

91. Design and produce the necessary materials for implementing the national civic education programme for democracy and peace that is to promote the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.

Programme of financial support for education

92. Develop and implement nationwide programmes of scholarships, study grants, economic assistance and other incentives to enable needy students to continue their education.

Training of teachers and administrators

93. Develop continuing education programmes for teachers and school administrators.

Support for the University of San Carlos

94. Provide to the University of San Carlos, in a timely manner, the funding which is its prerogative under a constitutional mandate.

Purchase of medicines

95. Study and apply purchasing methods that will ensure the quality and low cost of the more popular basic or generic drugs and transparency in their marketing.

Public spending on housing

96. Allocate to housing policy the equivalent of no less than 1.5 per cent of tax revenues from the General Budget of State Revenues and Expenditures for 1998, giving priority to subsidizing the demand for low-cost housing options and, to that end, strengthening the Guatemalan Housing Fund (FOGUAVI) and the Housing Subsidy Fund (FOSUVI).

Community participation in housing

97. Encourage the establishment and strengthening of community participation systems, such as cooperatives and self-managed and family businesses, to ensure that beneficiaries are able to participate in the execution of plans, the construction of housing and the provision of services.

Amendment of labour laws

98. Promote the legal and regulatory changes recommended in the report on labour laws requested in paragraph 21 of this Agreement.

Labour inspection

99. Decentralize and expand labour inspection services in order to strengthen the capacity to verify compliance with domestic labour.norms and those deriving from the international labour conventions ratified by Guatemala.

Worker organization 100.

Streamline the procedures for recognition of the legal personality of labour organizations and, for agricultural workers who are still hired through contractors, propose reforms to ensure the speedy and flexible legal recognition of forms of association that will permit negotiation of the terms of their hiring.

Economic policy

101. Encourage measures, in coordination with the various social sectors, to increase investment and productivity, within the framework of an overall strategy of growth with social stability and equity.

Government agricultural sector investment programme

102. Begin implementation of a government agricultural sector investment programme in production lines linked to agriculture, forestry and fisheries.

Rural development investment programme

103. Begin implementation of the rural development investment programme, paying special attention to areas where uprooted population groups are being resettled and areas where poverty is greatest, with emphasis on basic infrastructure (main roads, rural roads, electricity, telecommunications, water and environmental sanitation) and production projects, for a total of 300 million quetzales in 1997.

Land Trust Fund

104. Sponsor and introduce in the Congress of the Republic a bill setting up the Land Trust Fund.

Such bill shall establish, inter alia, the Fund's aims, functions and funding and allocation mechanisms and the origin and future use of land.

The Agreement on Social and Economic Aspects and the Agrarian Situation stipulates that the Land Trust Fund must begin operations by 1997 at the latest.

Trust 105.

The Land Trust Fund shall set up a trust in a participating banking institution to provide credit and promote savings, preferably for micro-, small and medium-sized enterprises.

Credit and financial services

106. Promote conditions enabling small and medium-scale farmers to have access to credit, individually or in groups, on a financially sustainable basis.

In particular, with the support of the business sector and non-governmental development organizations, promote the strengthening of local savings and loan agencies, such as associations, cooperatives and the like, so that they can provide credit and financial services to small and medium-sized businesses efficiently and in accordance with local needs and conditions.

Agrarian and environmental jurisdiction

107. Promote the establishment of an agrarian and environmental jurisdiction within the judiciary, taking into account the provisions of the Agreement on Identity and Rights of Indigenous Peoples.

Prompt settlement of land disputes

108. Taking into account the commitments made in the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and the Agreement on Identity and Rights of Indigenous Peoples and the recommendations on the Joint Commission on Rights relating to Indigenous Peoples' Land, the Government undertakes to establish and apply flexible procedures for the settlement of disputes over land and other natural resources (in particular, direct settlement and conciliation).

In addition, it shall establish procedures for defining formulas for compensation in the case of land disputes and claims in which farmers, small farmers and communities in a situation of extreme poverty have been or may be dispossessed for reasons not attributable to them.

The uprooted population will require special attention in this connection.

Land registry

109. Sponsor legislative changes that will make it possible to establish an efficient decentralized multi-user land registry system that is financially sustainable, subject to compulsory updating and easy to update.

Land tax

110. Sponsor legislation and mechanisms for imposing, in consultation with municipalities, a land tax in rural areas in which it is easy for the municipalities to collect revenues.

The tax, from which small properties shall be exempt, will help to discourage owners from leaving land unused or underused.

It must not encourage deforestation of woodlands.

Tax administration

111. Strengthen existing auditing and collection mechanisms, such as crosschecking, tax identification numbers and tax credits for withholding of income tax and value-added tax.

112. Keep in operation a special programme targeting big taxpayers to make sure that they meet their tax obligations in full.

113. Evaluate and strictly regulate tax exemptions in order to eliminate abuse.

114. Put into operation administrative structures that are specifically geared

to revenue collection and auditing programmes and to the application of the

corresponding tax laws.

115. Simplify and automate tax administration operations.

Norms for the preparation and implementation of the budget

116. Starting in 1997, incorporate annually into the norms and guidelines for

the preparation of the preliminary draft General Budget of State Revenues and

Expenditures the priority that must be given to social spending, basic public

services, physical infrastructure in support of production, the strengthening of

human rights bodies and compliance with the Peace Agreements.

Professionalization and upgrading of public servants

117. Sponsor and introduce bills:

(a) Establishing a career civil service;

and

(b) Ensuring genuine compliance with the Integrity and Accountability Act.

Oversight

118. Reform, strengthen and modernize the Comptroller's Office.

Modernization of the executive branch

119. Sponsor and introduce in the Congress of the Republic:

(a) Amendments to the Act governing the executive branch;

and

(b) Amendments to the Purchasing and Procurement Act to promote the

decentralization of government support services.

F. Agreement on the Strengthening of Civilian Power and on the

Role of the Armed Forces in a Democratic Society

Judicial training

120. 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.

Public Defender's Office in Criminal Matters

121. Present to the Congress of the Republic the necessary legislative proposals

for establishing the Public Defender's Office in Criminal Matters to provide

legal assistance to those who cannot afford to retain their own counsel.

Advisory Council on Security

122. Set up the Advisory Council on Security.

Strategic Analysis Secretariat

123. Establish the Strategic Analysis Secretariat to inform and advise the

President of the Republic, with a view to anticipating, preventing and resolving

situations posing any kind of danger or threat to the democratic State.

Supervision of State intelligence bodies

124. Sponsor and introduce a law establishing procedures for the supervision of

State intelligence bodies by a special commission of the legislative branch.

Civil Intelligence and Information Analysis Department of the Ministry of the

Interior

125. Establish a Civil Intelligence and Information Analysis Department under

the Ministry of the Interior, with responsibility for gathering information to

combat organized crime and ordinary crime by the means and within the limits

authorized by the legal system, subject to strict respect for human rights.

National Civil Police

126. Put forward the proposals and take the action necessary to establish a

career police service.

127. Promote action and programmes to strengthen the Police Academy so that it

can train new police personnel as officers, inspectors, commanders and

superintendents and retrain existing personnel.

128. Define procedures for ensuring that admission to the police profession and

advancement and specialization within it take place through the Police Academy.

Civic Service Act

129. Sponsor in the Congress of the Republic a Civic Service Act that will

include military service and community service, based on the agreement reached

by the joint working group which is currently considering the matter.

Possession and bearing of arms

130. Sponsor and introduce in the Congress of the Republic amendments to the

Arms and Munitions Act.

Registers of arms and ammunition

131. Transfer to the Ministry of the Interior the registers which are currently

with the Arms and Munitions Control Department of the Ministry of Defence.

Restructuring of the armed forces

132. Make the public educational, financial, health, commercial, assistance and

insurance institutions, facilities and units corresponding to the needs and

functions of the Guatemalan armed forces operate under the same conditions as

other similar non-profit institutions.

All graduates of the Adolfo V. Hall

Institutes shall join the country's military reserves.

Find an appropriate use

for the television frequency assigned to the Guatemalan armed forces.

Disbanding of the Mobile Military Police

133. Disband and demobilize the Mobile Military Police.

Reorganization and deployment of military forces

134. Reorganize the deployment of military forces within the national territory,

stationing them for purposes of national defence, border control and protection

of Guatemala's maritime and territorial jurisdiction and airspace.

Reduction of the armed forces

135. Reduce the size of the Guatemalan armed forces by 33 per cent, based on

current manning and equipment levels.

Reintegration of demobilized members of the armed forces

136. Put into effect programmes for the productive reintegration of any members

of the armed forces who may be demobilized.

G. Agreement on the Basis for the Legal Integration of URNG

Integration programme

137. Implement the various aspects of the programme for the legal integration of

URNG, including education, literacy training, housing, productive economic

projects and family reunification.

IV. TIMETABLE FOR 1998, 1999 AND 2000

A. Agreement on Resettlement of the Population Groups

Uprooted by the Armed Conflict

Protection of Guatemalan nationals outside the country

138. Strengthen the policy of ensuring protection for Guatemalan nationals

outside the country, especially members of the uprooted population living

abroad, and make the necessary arrangements with host countries to ensure that

this population has stable immigrant status.

Marketing

139. See "Agreement on Social and Economic Aspects and the Agrarian Situation",

paragraph 167 of this Agreement.

B. Agreement on Identity and Rights of Indigenous Peoples

Use of indigenous languages and bilingual training

140. In keeping with the conclusions of the Commission for the Official

Recognition of Indigenous Languages, promote the use of indigenous peoples'

languages in the provision of State social services at the community level and

promote the bilingual training of judges and court interpreters from and into

indigenous languages.

Temples, ceremonial centres and holy places

141. In keeping with the conclusions of the Commission on Holy Places, promote

with the participation of indigenous peoples the necessary legal measures to

ensure the restructuring of State entities responsible for the preservation and

administration of temples and ceremonial centres of archaeological value, as

well as changes in the regulations for the protection of ceremonial centres of

archaeological value, in order to ensure respect for Mayan spirituality.

Radio Communications Act

142. Sponsor and introduce in the Congress of the Republic amendments to the

Radio Communications Act making frequencies available for indigenous projects.

Customary law

143. With the participation of indigenous organizations and taking into account

the conclusions of the Joint Commission on Reform and Participation and the

Joint Commission on Rights relating to Indigenous Peoples' Land, sponsor in the

Congress of the Republic the necessary action to fulfil the commitments made in

section E of the Agreement on Identity and Rights of Indigenous Peoples.

C. Agreement on Social and Economic Aspects and the

Agrarian Situation

Public spending on education

144. By the year 2000, increase public spending on education as a proportion of

the gross domestic product (GDP) by 50 per cent over the 1995 level.

Schooling

145. By the year 2000, provide access for all those between the ages of 7 and 12

to at least three years of schooling.

Literacy training

146. Raise the literacy rate to 70 per cent by the year 2000.

Educational curricula

147. By the year 2000, adjust educational curricula in accordance with the

education reform.

Occupational training

148. Ensure that occupational training programmes reach at least 200,000 workers

nationwide by the year 2000, with emphasis on those entering economic activity

and those needing special training in order to adjust to new developments in the

labour market.

Civic education

149. Implement the national civic education programme for democracy and peace

that is to promote the protection of human rights, the renewal of political

culture and the peaceful resolution of conflicts.

Public spending on health

150. By the year 2000, increase public spending on health as a proportion of GDP

by 50 per cent over the 1995 level and allocate at least 50 per cent of public

health spending to preventive health care.

Infant and maternal mortality

151. By the year 2000, reduce infant and maternal mortality to 50 per cent of

the 1995 rate.

Eradication of poliomyelitis and measles

152. Maintain the certification of poliomyelitis eradication and eradicate

measles by the year 2000.

Decentralization of health services

153. Put into effect the decentralized organization of the various levels of

health care to ensure that health programmes and services are offered at the

communal, regional and national levels, which are the basis of the national

coordinated health system.

Social security

154. Take the necessary measures to expand the coverage of the social security

system and improve its benefits and the quality and efficiency of its services.

Land management

155. Closely coordinate housing policy with land management policy, especially

urban planning and environmental protection policies, to enable poor people to

have access to housing with services in hygienic and environmentally sustainable

conditions.

Public spending on housing

156. Allocate annually to the housing promotion policy no less than 1.5 per cent

of tax revenues from the General Budget of State Revenues and Expenditures,

giving priority to subsidizing the demand for low-cost housing options.

Financing and facilities for the purchase of housing

157. Strengthen the securities market for the purchase of housing, including the

provision of first and second mortgages, facilitate the sale of securities

issued for housing operations, including common and- preferential stock in

property development companies, mortgage bonds and debentures, certificates of

real estate shareholdings, supplemental letters, promissory notes and other

documents related to rentals with an option to buy.

Housing stock

158. Encourage the supply of housing-related services, housing options and

building materials that are of good quality and reasonably priced.

Regulation

159. Apply anti-trust regulations to the production and marketing of building

materials and services.

Update the health and safety regulations applicable to

the construction industry and monitor compliance with them;

coordinate with

municipalities to ensure that construction and monitoring regulations are

homogeneous, clear and simple, in an effort to ensure good-quality, safe

housing.

Protection of rural workers

160. Adopt administrative and/or criminal penalties against those responsible

for abuses against migrant agricultural workers, farmhands, tenant farmers and

day labourers in the context of hiring through middlemen, sharecropping, payment

in kind and the use of weights and measures.

Occupational training

161. Sponsor and introduce a bill regulating occupational training at the

national level.

Land tenure

162. Sponsor and introduce in the Congress of the Republic a bill establishing a

legal framework for land tenure that is secure, simple and accessible to the

entire population.

Modernization of the land registry system

163. Have launched the efficient decentralized multi-user land registry system

that is financially sustainable, subject to compulsory updating and easy to

update.

Regularization of the award of title to land

164. Regularize the award of tile for lands belonging to indigenous communities

and uprooted population groups and for beneficiaries of the National Institute

for Agrarian Reform (INTA) who are the lawful owners of the land which they have

been granted.

With respect to communal land, regulate participation by the

communities concerned to ensure that it is they who take the decisions

concerning their land.

Unused land

165. Sponsor amendments to the legislation on unused land to bring it into line

with the Constitution, and regulate by means of incentives and penalties the

underuse of land and its use in a manner incompatible with sustainable natural

resources use and environmental conservation.

Such amendments should include a

new tax scale for the annual tax on unused land, imposing significantly higher

taxes on privately owned unused and/or underused land.

Evaluation of awards made by the Land Trust Fund

166. In 1999, evaluate whether awards made by the Land Trust Fund have achieved

their objectives and, if necessary, change the way in which the programme

operates.

Rural development

167. Develop.a system for compiling, systematizing and disseminating

agricultural, forestry, agro-industrial and fisheries information and a system

of storage centres and free zones.

Support the strengthening of the various

forms of organization of micro-, small and medium-scale agricultural and rural

enterprises and encourage the amalgamation of smallholdings if smallholders so

desire.

Natural resources management concessions

168. By 1999, have awarded to small and medium-sized farmers' groups, legally

incorporated as natural resources management concessions, 100,000 hectares

within multi-use areas for the purposes of sustainable forest management,

management of protected areas, ecotourism, protection of water sources and other activities compatible with the sustainable potential use of the natural

resources of those areas.

Government agricultural sector investment programme

169. Implement the government agricultural sector investment programme in

production lines linked to agriculture, forestry and fisheries, for a cumulative

total of 200 million quetzales.

Renewable natural resources management programme

170. Promote a renewable natural resources management programme which fosters

sustainable forestry and agroforestry production, as well as handicrafts,

ecotourism and small- and medium-scale industrial projects that give added value

to forestry products.

Rural development investment programme

171. Continue the rural development investment programme, with emphasis on basic

infrastructure (main roads, rural roads, electricity, telecommunications, water

and environmental sanitation) and production projects, for a total of

300 million quetzales per year.

Tax system

172. Design and present a methodology for evaluating whether the tax system is

universally progressive, in line with the basic principles established in the

Agreement on Social and Economic Aspects and the Agrarian Situation.

Tax burden

173. Take the necessary action and put forward the necessary proposals to ensure

that, by the year 2000, the tax burden as a proportion of GDP is at least

50 per cent greater than in 1995.

Decentralization of public administration

174. Sponsor and introduce in the Congress of the Republic amendments to the Act

on the Governance of the Departments of the Republic making it possible to

streamline and decentralize public administration, and propose that departmental

governors be appointed by the President of the Republic, taking into

consideration candidates proposed by the non-governmental representatives of

departmental development councils.

Modernization of public administration

175. Decentralize support systems, including the purchasing and procurement

system, the human resources system, the information and statistics system, the

financial management system and the revenue collection system.

Municipal Code

176. Sponsor amendments to the Municipal Code to encourage the participation of

indigenous communities in decision-making on matters affecting them and to

stipulate that deputy mayors be appointed by the municipal mayor, taking into

account the proposals made by local residents in open town council meetings.

D. Agreement on the Strengthening of Civilian Power and on the

Role of the Armed Forces in a Democratic Society

Penal Code

177. In accordance with the conclusions of the Commission on the Strengthening

of the Justice System, sponsor and introduce in the Congress of the Republic

amendments to the Penal Code that will:

(a) Characterize ethnic discrimination as a crime,-

(b) Characterize sexual harassment as a crime;

(c) Bring the Penal Code into line with the provisions of the

International Convention on the Elimination of All Forms of Racial

Discrimination;

and

(d) Give priority to the criminal prosecution of those offences which are

most detrimental to society;

take into account the country's cultural

differences and customs;

fully protect human rights;

and characterize threats

and coercion against judicial personnel, bribery, graft and corruption as

particularly serious offences which must be severely punished.

Participation of women

178. Evaluate the progress made in women's participation and, on this basis,

draw up the corresponding plan of action.

Public spending on the justice system

179. By the year 2000, increase public spending on the judiciary and the Public

Prosecutor's Office as a proportion of GDP by 50 per cent over the 1995 level.

180. Allocate the necessary resources to enable the Public Defender's Office in

Criminal Matters to be established and begin operations in 1998.

Public Order Act

181. Sponsor and introduce a proposal for a new Public Order Act that is

consistent with democratic principles and the strengthening of civilian power.

Archives

182. Sponsor and introduce legislative proposals for characterizing the crime of

maintaining illegal files and records containing political information on

residents of Guatemala.

Private security companies

183. Sponsor and introduce a bill regulating the functioning and scope of

private security companies, with a view to monitoring their activities and the

professionalism of their personnel, and ensure, in particular, that such

companies and their employees limit their operations to their own sphere of

activity, under the strict control of the National Civil Police.

National Civil Police

184. By late 1999, have the National Civil Police functioning throughout the

national territory, with a force of at least 20,000 members.

Public security

185. By the year 2000, have increased public spending on public security as a

proportion of GDP by 50 per cent over the 1995 level.

Act establishing the a