Framework Agreement for the Resumption of the Negotiating Process between the Govt of Guatemala and the ‘Unidad Revolucionaria Nacional Guatemalteca’ (URNG)

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Country/entity: Guatemala
Region: Americas
Agreement name: Framework Agreement for the Resumption of the Negotiating Process between the Govt of Guatemala and the ‘Unidad Revolucionaria Nacional Guatemalteca’ (URNG)
Date: 10 Jan 1994
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Guatemalan Civil War (1960 - 1996)
Civil war broke out in Guatemala when numerous leftist and agrarian groups took up arms in 1960 in face of the repression from the conservative regime of Carlos Castillo Armas. The Armas regime came to power in 1954 following a CIA-backed coup against the leftist government of Jacobo Arbenz. The main rebel umbrella was the Guatemalan National Revolutionary Unity (URNG). During the civil war numerous counts of genocide and mass disappearances occurred. In the late 1980s, when a civilian government came to power, the URNG changed tactics when releasing that they wouldn’t come to power through armed conflict. The war came to an end on December 29, 1996, and since then URNG converted to an official political party.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Guatemala peace process
Parties: FOR THE REPUBLIC OF GUATEMALA:
(Signed) Héctor ROSADA GRANADOS;
(Signed) General Marco Antonio GONZALEZ T.;
(Signed) Mario PERMUTH LITSWA;
(Signed) General Victor Manuel ARGUETA V.;
(Signed) Max KESTLER FARNES;
(Signed) Colonel Victor Manuel VENTURA A.;
(Signed) Antonio ARENALES FORNO;
(Signed) Ernesto VITERI ECHEVERRIA;

FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA General Command:
(Signed) Commander Gaspar ILOM;
(Signed) Commander Pablo MONSANTO;
(Signed) Commander Rolando MORAN;
Third parties: Political and Diplomatic Commission:
(Signed) Luis Becker GUZMAN;
(Signed) Miguel Angel SANDOVAL;
(Signed) Mario Vinicio CASTAÑEDA, Adviser;

FOR THE UNITED NATIONS: (Signed) Jean ARNAULT;
Description: Agreed to negotiate on agenda of the Mexican Agreement and laid ground rules for subsequent negotiations. Also agreed to promote establishment of an Assembly open to participation of non-governmental sectors, to discuss the substantive issues of negotiations, to transmit non-binding recommendations and guidelines, and to consider and endorse bilateral agreements concluded by the parties. Requested Columbia, Mexico, Norway, Spain, US and Venezuela to form a group of friends to support the process. Also agreed to request a UN representative to act as a moderator of the talks and gave UN responsibility for verifying the agreements. Expressed commitment to concluding a peace agreement in 1994.

Agreement document: GT_940110_FrameworkAgreemenResumptionNegotiatingWithURNG.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
Page 4, III. Society at large
... The parties agree to request the Episcopal Conference of Guatemala to appoint the President of the Assembly, considering for this office the conciliator, Monsignor Quezada Toruño. The President of the Assembly shall be assisted by an organizing committee. The Committee shall be composed of representatives of each of the sectors which participated in the Oslo process, together with representatives of the Maya people.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

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

State definition

Nature of state (general): No specific mention.
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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: III. Parties agree to establish Assembly open to non-governmental sectors of society, 'provided that their legitimacy, representative character and lawfulness have been recognised', to The Assembly shall meet during the negotiating period and shall have the following functions:
(i)To discuss the substantive issues for the bilateral negotiations, i.e. items (ii) to (vii) of the general agenda contained in the Mexico Agreement, with a view to formulating positions on which there is consensus; (ii)To transmit to the United Nations moderator, the Government of Guatemala and URNG the recommendations or guidelines resulting from its deliberations. These recommendations and guidelines shall not be binding and shall be aimed at fostering understanding between the parties. The Assembly shall discuss the substantive issues on the basis of a timetable that is synchronized with the dates set for the bilateral negotiations and shall not delay the conduct of the bilateral negotiating process; (iii) To consider bilateral agreements concluded by the parties on the substantive issues and endorse such agreements so as to give them the force of national commitments, thereby facilitating their implementation. However, if for any reason a bilateral agreement is not endorsed, the agreement shall continue to be valid.

Page 3, III. Society at large
The two parties recognize the contribution of the sectors which, pursuant to the Oslo Agreement, have participated in the meetings with URNG held at El Escorial, Ottawa, Quito, Metepec and Atlixco. These meetings have given an impetus to the negotiating process in Guatemala. The participation and contributions of these sectors have helped to make possible the start of direct negotiations between the Government and the command of URNG.
The parties agree that Guatemalan society continues to have an essential role to play in the achievement of peace and in the process of reconciliation.
Without prejudice to other machinery and forums, whether temporary or permanent, for promoting national reconciliation, the parties agree to promote the establishment of an Assembly open to the participation of non-governmental sectors of Guatemalan society, provided that their legitimacy, representative character and lawfulness have been recognized. The Assembly shall meet during the negotiating period and shall have the following functions:
(i) To discuss the substantive issues for the bilateral negotiations, i.e. items (ii) to (vii) of the general agenda contained in the Mexico Agreement, with a view to formulating positions on which there is consensus;
(ii) To transmit to the United Nations moderator, the Government of Guatemala and URNG the recommendations or guidelines resulting from its deliberations. These recommendations and guidelines shall not be binding and shall be aimed at fostering understanding between the parties. The Assembly shall discuss the substantive issues on the basis of a timetable that is synchronized with the dates set for the bilateral negotiations and shall not delay the conduct of the bilateral negotiating process;
(iii) To consider bilateral agreements concluded by the parties on the substantive issues and endorse such agreements so as to give them the force of national commitments, thereby facilitating their implementation. However, if for any reason a bilateral agreement is not endorsed, the agreement shall continue to be valid.

Page 4, III. Society at large
... The parties agree to request the Episcopal Conference of Guatemala to appoint the President of the Assembly, considering for this office the conciliator, Monsignor Quezada Toruño. The President of the Assembly shall be assisted by an organizing committee. The Committee shall be composed of representatives of each of the sectors which participated in the Oslo process, together with representatives of the Maya people.
Traditional/religious leaders: Page 4, III. Society at large
... The parties agree to request the Episcopal Conference of Guatemala to appoint the President of the Assembly, considering for this office the conciliator, Monsignor Quezada Toruño. The President of the Assembly shall be assisted by an organizing committee. The Committee shall be composed of representatives of each of the sectors which participated in the Oslo process, together with representatives of the Maya people.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 3, I. Agenda for the negotiations
... The Government and URNG undertake to be appropriately represented in the negotiations by high-ranking delegates so that political agreements consistent with the constitutional order can be entered into, without restricting their power to conclude agreements on institutional and constitutional reforms.

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: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Page 5, V. Procedures
(i) Disclosure: the parties agree that the bilateral negotiations will be conducted in the strictest secrecy in order to ensure that they are carried on in an atmosphere of trust and seriousness. They agree that the only public information on their conduct will be that made available by the representative of the Secretary-General of the United Nations. For purposes of coordination with the work of the Assembly, the moderator and the President of the Assembly will draw up appropriate rules to permit exchanges of information that do not impair the secrecy necessary for the work of the bilateral bureau.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

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: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: 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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
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: No specific mention.
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, III. Society at large
... The parties agree that Guatemalan society continues to have an essential role to play in the achievement of peace and in the process of reconciliation.
Without prejudice to other machinery and forums, whether temporary or permanent, for promoting national reconciliation, the parties agree to promote the establishment of an Assembly open to the participation of non-governmental sectors of Guatemalan society, provided that their legitimacy, representative character and lawfulness have been recognized. The Assembly shall meet during the negotiating period and shall have the following functions:

Implementation

UN signatory: For the United Nations, (Signed) Jean ARNAULT
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 5, VI. Verification mechanisms
Verification is a vital element in ensuring compliance with and respect for the agreements. Consequently, the parties reiterate that all the agreements must be accompanied by appropriate national and international verification mechanisms. The experience and authority of the United Nations confer a high degree of reliability on international verification by the Organization. The two parties agree to request the United Nations to verify all the agreements, in both their substantive and their operational aspects.
Related cases: No specific mention.
Source: United States Institute of Peace (1998) Peace Agreements: Guatemala - Peace Agreements Digital Collection. Available at: https://www.usip.org/publications/1998/11/peace-agreements-guatemala (Accessed 14 October 2020).

Framework Agreement for the Resumption of the Negotiating Process between the Government of Guatemala and the UNIDAD Revolucionaria Nacional Guatemalteca

The delegations of the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca, having met at Mexico City from 6 to 9 January 1994 under the auspices of the Secretary-General of the United Nations and as guests of the Government of Mexico, have reached the following agreement on the framework for the resumption of the negotiating process aimed at achieving a firm and lasting peace:

I. Agenda for the negotiations

The parties shall negotiate on all the items included in the general agenda set forth in the Mexico Agreement.

The parties shall together decide on the scope of their undertakings, all of which shall be subject to verification.

The Government and URNG undertake to be appropriately represented in the negotiations by high-ranking delegates so that political agreements consistent with the constitutional order can be entered into, without restricting their power to conclude agreements on institutional and constitutional reforms.

II. Moderation of the bilateral negotiations

The parties have agreed to request the Secretary-General of the United Nations to appoint a representative to serve as moderator of the bilateral negotiations between the Government and URNG.

The parties agree that the moderator may make proposals to facilitate the signing of a firm and lasting peace agreement.

III. Society at large

The two parties recognize the contribution of the sectors which, pursuant to the Oslo Agreement, have participated in the meetings with URNG held at El Escorial, Ottawa, Quito, Metepec and Atlixco.

These meetings have given an impetus to the negotiating process in Guatemala.

The participation and contributions of these sectors have helped to make possible the start of direct negotiations between the Government and the command of URNG.

The parties agree that Guatemalan society continues to have an essential role to play in the achievement of peace and in the process of reconciliation.

Without prejudice to other machinery and forums, whether temporary or permanent, for promoting national reconciliation, the parties agree to promote the establishment of an Assembly open to the participation of non-governmental sectors of Guatemalan society, provided that their legitimacy, representative character and lawfulness have been recognized.

The Assembly shall meet during the negotiating period and shall have the following functions:

(i) To discuss the substantive issues for the bilateral negotiations, i.e. items (ii) to (vii) of the general agenda contained in the Mexico Agreement, with a view to formulating positions on which there is consensus;

(ii) To transmit to the United Nations moderator, the Government of Guatemala and URNG the recommendations or guidelines resulting from its deliberations.

These recommendations and guidelines shall not be binding and shall be aimed at fostering understanding between the parties.

The Assembly shall discuss the substantive issues on the basis of a timetable that is synchronized with the dates set for the bilateral negotiations and shall not delay the conduct of the bilateral negotiating process;

(iii) To consider bilateral agreements concluded by the parties on the substantive issues and endorse such agreements so as to give them the force of national commitments, thereby facilitating their implementation.

However, if for any reason a bilateral agreement is not endorsed, the agreement shall continue to be valid.

The parties agree to request the Episcopal Conference of Guatemala to appoint the President of the Assembly, considering for this office the conciliator, Monsignor Quezada Toruño.

The President of the Assembly shall be assisted by an organizing committee.

The Committee shall be composed of representatives of each of the sectors which participated in the Oslo process, together with representatives of the Maya people.

The President of the Assembly shall have the following functions:

(i) To convene the Assembly;

(ii) To organize its deliberations with the assistance of the Organizing Committee;

(iii) To promote the formulation of consensus recommendations regarding the substantive issues;

(iv) To transmit to the United Nations moderator and to the parties the recommendations and guidelines that result from the Assembly’s deliberations and to participate in special meetings of the bilateral bureau convened to this end by mutual agreement between the parties;

(v) To receive from the United Nations moderator the bilateral agreements on substantive issues signed by the parties, put them before the Assembly and promote their endorsement by it.

IV. Role of the countries constituting the group of friends

The parties request the Governments of Colombia, Mexico, Norway, Spain, the United States of America and Venezuela to form a group of friends of the Guatemalan peace process.

The friends will be kept duly informed of the progress and content of the negotiations between the parties, and will have the following functions:

(i) To support, through their actions, the representative of the Secretary-General of the United Nations in order to facilitate the negotiating process;

(ii) To give greater certainty and firmness to the commitments entered into by the parties in their capacity as solemn witnesses to the agreements arrived at in the course of the negotiating process, when the parties so request.

V. Procedures

(i) Disclosure:

the parties agree that the bilateral negotiations will be conducted in the strictest secrecy in order to ensure that they are carried on in an atmosphere of trust and seriousness.

They agree that the only public information on their conduct will be that made available by the representative of the Secretary-General of the United Nations.

For purposes of coordination with the work of the Assembly, the moderator and the President of the Assembly will draw up appropriate rules to permit exchanges of information that do not impair the secrecy necessary for the work of the bilateral bureau.

(ii) Time-frame:

the parties express their commitment to arrive at a firm and lasting peace agreement within the shortest possible time during 1994.

In this context, they undertake to demonstrate the necessary flexibility for successful negotiation of the general agenda.

(iii) In the context of their efforts to facilitate the negotiating process, the parties have recognized the desirability of resorting to all measures that will be conducive to rapprochements and agreements between them, and declare themselves ready to respond to the requests made by the moderator in this respect.

VI. Verification mechanisms

Verification is a vital element in ensuring compliance with and respect for the agreements.

Consequently, the parties reiterate that all the agreements must be accompanied by appropriate national and international verification mechanisms.

The experience and authority of the United Nations confer a high degree of reliability on international verification by the Organization.

The two parties agree to request the United Nations to verify all the agreements, in both their substantive and their operational aspects.

Mexico, D.F., 10 January 1994

FOR THE REPUBLIC OF GUATEMALA

(Signed) Héctor ROSADA GRANADOS

(Signed) General Marco Antonio GONZALEZ T.

(Signed) Mario PERMUTH LITSWA

(Signed) General Victor Manuel ARGUETA V.

(Signed) Max KESTLER FARNES

(Signed) Colonel Victor Manuel VENTURA A.

(Signed) Antonio ARENALES FORNO

(Signed) Ernesto VITERI ECHEVERRIA

FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA General Command

(Signed) Commander Gaspar ILOM;

(Signed) Commander Pablo MONSANTO;

(Signed) Commander Rolando MORAN;

Political and Diplomatic Commission

(Signed) Luis Becker GUZMAN;

(Signed) Miguel Angel SANDOVAL;

(Signed) Mario Vinicio CASTAÑEDA, Adviser;

FOR THE UNITED NATIONS

(Signed) Jean ARNAULT