Acuerdo Complementario del 22 de Diciembre de 1992

• Country/entity

  El Salvador
  

• Region

  Americas
  

• Agreement name

  Acuerdo Complementario del 22 de Diciembre de 1992

• Date

  22 Dec 1992

• Agreement status

  Multiparty signed/agreed

• Interim arrangement

  Yes

• Agreement/conflict level

  Intrastate/intrastate conflict ( El Salvador Civil War (1979 - 1992) )

• Stage

  Implementation/renegotiation

• Conflict nature

  Government

• Peace process

  El Salvador peace process

• Parties

  Govt of El Salvador, FMLN (no signing indicated)

• Third parties

  -

• Description

  This is a complementary implementation agreement covering the issues of weapons collection, transfer of property/land in former conflict zones, transfer of land that exceeds the constitutional limit of 245 hectares (land reform), national civil police (financed by ONUSAL to retrain ex-FMLN members), reinsertion programmes, political participation of the FMLN, pending laws etc.

• Agreement document

  SV_921222_Acuerdo Complementario del 22 de Diciembre de 1992 (EN).pdf | Download PDF

• Agreement document (original language)

  SV_921222_Acuerdo Complementario del 22 de Diciembre de 1992.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

Complementary Agreement, 22 December 1992

22 December 1992

On 22 December, having completed the cessation of armed conflict, in order to ensure the full implementation of the peace agreements, the Government of El Salvador and the Farabundo Martí National Liberation Front (Frente Farabundo Martí para la Liberación Nacional, FMLM), undertake to strictly comply with the commitments and deadlines herein, with verification by the United Nations Observer Mission in El Salvador (ONUSAL), notwithstanding any other commitments under implementation.

A. ARMED FORCES

1. By 31 January, the Government of El Salvador will have collected, with verification by ONUSAL, around 75% of arms for the exclusive use of the Armed Forces recorded as transferred to the various state institutions, including the Transport Police, public officials and private companies.

Between 1 February and 31 March, the government will collected the remainder of arms registered as transferred.

It will also adopt a series of measures to collect unregistered arms for the exclusive use of the Armed Forces acquired by civilians.

ONUSAL will assess the results on 31 March.

If they are unsatisfactory, the deadline for the collection of these arms should be extended or other measures deemed more effective to achieve the agreed target should be adopted.

2. The Government of El Salvador will publish the new doctrine of the Armed Forces twice in all commercial newspapers and radio stations during the first quarter of 1993 to allow it to be known by all members of society.

B. TRANSFER OF LANDS IN FORMER ZONES OF CONFLICT

In order to complete the first phase of the transfer of lands by 31 January:

1. The government and FMLN undertake to expedite negotiations to determine the purchase price for state properties and issue property transfer certificates, accepting that for the latter it is sufficient to determine the names of beneficiaries if they still do not have ID.

Their ID document must be shown before completion of the deeds.

Beneficiaries without ID will be able to obtain this from the documentation support programme.

During first phase of land transfer, the government will prioritise the transfer of the lands and infrastructure of greatest economic significance, in addition to the purchase of 39,000 manzanas of private property included in the list submitted to the Supervision and Monitoring Committee by FMLN.

The parties also undertake to continue their efforts and the streamlining of procedures to achieve the targets for the other phases of the Land Transfer Programme by the agreed deadlines.

The Government of El Salvador also reiterates its commitment to guaranteeing the conditions to allow FMLN veterans and tenedores to have access to the area of land agreed on 23 October 1992.

C. TRANSFER OF LANDS IN EXCESS OF THE CONSTITUTIONAL LIMIT OF 245 HECTARES

1. As part of phase one of the transfer of lands, the Government of El Salvador will be entitled to transfer to FMLN veterans and tenedores lands in excess of the 245 ha limit in former zones of conflict classed as priority by FMLN and lands required to meet the target of 38,000 manzanas of state properties after exhausting any other possibilities.

2. Upon completion of the Land Transfer Programme, any surpluses of land in excess of 245 ha will be transferred to the beneficiaries of the agrarian reform within 90 days.

The government will provide ONUSAL with a list of properties with surpluses during January 1993 to facilitate verification.

3. The government also reiterates its commitment to ensuring owners of rural lands in excess of 245 ha do not evade application of the constitutional mandate.

The agreement between the government and peasant organisations regarding occupied lands, dated 3 July 1991, will be respected.

D. NATIONAL CIVIL POLICE

1. The parties note the decision adopted by ONUSAL to obtain funding for preparation courses for the aptitude and sufficiency exam to cover all FMLN veterans who require it.

2. The government also undertakes to fund the general operating budget of the National Civil Police (Policia Nacional Civil, PNC) and the National Public Safety Academy (Academia Nacional de Seguridad Pública, ANSP) to allow their implementation in line with the peace agreements.

3. As the criminal and antinarcotics investigative divisions of PNC begin operations, there will be a gradual transition process from the current criminal and antinarcotics investigatory commissions to incorporate their staff and teams into the corresponding divisions of PNC.

A specific time scale will be set for this gradual transition, to be as short as possible without affecting the joint effectiveness of these bodies.

The incorporation of staff from the current commissions into the corresponding PNC divisions will be previously assessed by the head of the PNC and verified by ONUSAL based on criteria of professional competence and aptitude to carry out duties in the new civil police force.

After their evaluation, staff will also be required to pass a specifically designed course at ANSP on the PNC doctrine and other conceptual elements.

4. The government undertakes to complete the implementation of the special regime for former zones of conflict by 31 December.

To achieve this, it will open new stations and make the changes to staff and resources required to allow the Transitional Auxiliary Police to cover public safety of the area of land set out in the Special Public Safety Regime agreed with ONUSAL.

5. The government undertakes to complete the fitting out of the temporary ANSP building and carry out and formalise the purchase of the permanent site of the Academy by 31 January 1993.

E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS

1. The government undertakes to:

a) award by 31 December legal personality to Fundación 16 de Enero and NGOs for which applications are already underway and expedite procedures for other organisations making requests, provided they meet the legal requirements;

b) achieve consensus between the government and FMLN where donors have stipulated this as a requirement for appointing national directors of programmes;

c) extend Decree 205 (Special Transitional Law to Establish the Civil Status of Undocumented Persons Affected by the Conflict) for a further six months and provide the foreign nationals covered by the support programme for the reinsertion of FMLN veterans a 60-day temporary permit for them to legalise their residency status in the country in line with the established legal procedures and provided this is requested by 31 January 1993;

d) accept the inclusion of FMLN political activists as beneficiaries of the scholarship programme for training among the places originally set out for the programme.

2. Both parties also undertake to issue a call to the national community and take the required steps to obtain funding for housing for the demobilised and disabled.

F. POLITICAL PARTICIPATION OF FMLN

1. The government reiterates its commitment to guarantee the political spaces to which FMLN is legally entitled for its full development as a political party.

2. The government undertakes to legally assign the following radio and television frequencies to the companies or individuals designated by FMLN by 15 January:

a) three FM frequencies (for the central zone);

b) three AM frequencies (for the central zone);

c) one shortwave frequency;

d) two frequencies for television channels on the UHF band.

G. OUTSTANDING LAWS

Both parties undertake to promote approval of draft outstanding via their representatives on the National Commission for the Consolidation of Peace (Comision Nacional Para la Consolidacion de la Paz, COPAZ) in January to allow for their approval by the Legislative Assembly during the month.

H. INTERNATIONAL COOPERATION

Given the significant additional resources required to implement the peace agreements, both parties recognise the need to adopt measures to ensure that, with the support of the Secretary General and the Group of Friends, a group of donors is formed as soon as possible to contribute to and help obtain international funding.

Each will carry out the necessary soundings of potential governments to participate in the group to determine if it will be possible to achieve the number and composition before 31 January.