Framework Agreement on Democratization in the Search for Peace by Political Means ('The Queretaro Agreement')

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Country/entity
Guatemala
Region
Americas
Agreement name
Framework Agreement on Democratization in the Search for Peace by Political Means ('The Queretaro Agreement')
Date
25 Jul 1991
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Guatemalan Civil War (1960 - 1996) )
Stage
Renewal
Conflict nature
Government
Peace process
Guatemala peace process
Parties
FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA
(Signed) Manuel CONDE ORELLANA Secretary-General of the Presidency of the Republic;
(Signed) Fernando HURTADO PREM Minister of the Interior;
(Signed) Brigadier General Mario Rene ENRIQUEZ MORALES Commander of the Military Brigade Guard of Honour;
(Signed) Staff Colonel Marco A. GONZALEZ TARACENA Director of intelligence of the National Defence Staff;
(Signed) Ruben Amilcar BURGOS SOLIS Special Counsellor to the Presidency of the Republic;
(Signed) Manolo BENDFELDT ALEJOS Minister of Urban and Rural Development;
(Signed) Brigadier General Jose D. GARCIA SAMAYOA, Deputy Chief of the National Defence Staff;
(Signed) Staff Colonel Julio A. BALCONI TURCIOS Commander of the Mobile Military Police;
(Signed) Ernesto VITERI ECHEVERRIA Special Counsellor to the Presidency of the Republic;
(Signed) Jose Luis ASENSIO AGUIRRE Adviser to the President of the Republic;

FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA (URNG) General Command:
(Signed) Commander Gaspar ILOM;
(Signed) Commander Pablo MONSANTO;
(Signed) Commander Rolando MORAN;
Third parties
Political and Diplomatic Commission:
(Signed) Francisco VILLAGRAN MUNOZ;
(Signed) Luis BEKKER GUZMAN;
(Signed) Miguel Angel SANDOVAL;
(Signed) Mario CASTABEDA, Adviser;

FOR THE NATIONAL RECONCILIATION COMMISSION:
(Signed) Teresa BOLAROS DE ZARCO;
(Signed) Alfonso CABRERA HIDALGO;
(Signed) Mario PERMUTH LISTWA;
(Signed) Oliverio GARCIA RODAS;
(Signed) Monsignor Rodolfo QUEZADA TORUNO, Conciliator, Chairman of the National Reconciliation Commission;

FOR THE UNITED NATIONS: (Signed) Francesc VENDRELL, Representative of the Secretary-General of the United Nations;
Description
Outlined meaning and implications of a democratic regime. Agreed on importance of ending political repression, electoral fraud and illegal manipulation of elections and on need to promote citizen participation in development, implementation and assessment of government policies.

Agreement document
GT_910725_Queretaro Agreement.pdf | 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→Rhetorical
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(g) Recognition of and respect for the identity and rights of indigenous peoples;
Other groups
No specific mention.
Refugees/displaced persons
Groups→Refugees/displaced persons→Rhetorical
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(i) Effective resettlement of populations uprooted by the internal armed conflict.
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)
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(g) Recognition of and respect for the identity and rights of indigenous peoples;
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
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 10, CONSIDER THAT:
2. The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.
5. The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.

Page 11, AGREE:
II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.

Page 11, AGREE:
III. That this Agreement must be disseminated widely to the people of Guatemala and, in particular, to the sectors which took part in the dialogue at the meetings held under the Oslo Agreement and the National Dialogue, and that they must be informed by the Conciliator in order to ensure that the Agreement is duly understood.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
Governance→Constitution→Constitutional reform/making
Page 10, CONSIDER THAT:
6. Any political agreements reached by the Government of the Republic of Guatemala an the Unidad Revolucionaria Nacional Guatemalteca (URNG) must reflect the legitimate aspirations of all Guatemalans and lead to institutional measures and the proposal of constitutional reforms to the Congress of the Republic, within the framework and in the spirit of the Political Constitution of the Republic of Guatemala and the Oslo, El Escorial and Mexico Agreements.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(c) The effective functioning of a State subject to the rule of law;
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
(e) Unconditional respect for human rights;
(g) Recognition of and respect for the identity and rights of indigenous peoples;

Page 11, AGREE:
II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.
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
Page 10, Untitled Preamble
With the aim of achieving the objectives set forth in the Esquipulas II Agreement of 7 August 1987 and in accordance with the Oslo Agreement of 30 March 1990, the delegations of the Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), having pursued negotiations under the Oslo Agreement with the Chairman of the National Reconciliation Commission, Mr. Rodolfo Quezada Tomas:), acting as Conciliator, with the participation of the National Reconciliation Commission (CNR) and with the Representative of the Secretary-General of the United Nations Mr. Francesc Vendrell, acting as Observer, and hereby placing on record the agreements which they have reached on the item "democratization" of the general agenda adopted at Mexico City on 26 April 1991,

Page 10, CONSIDER THAT:
1. The political forces and the various sectors which make up Guatemalan society have expressed their desire for the achievement of peace, democracy and social justice.
2. The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.
3. Considering the issue of democratization makes it possible to establish a general framework within which to approach coherently the other items to be discussed in the negotiating process.
4. Guatemala requires measures which ensure the development of political, economic, social and cultural democratization. The Government of the Republic of Guatemala recognizes its responsibility to implement measures which are in the population's interest and guarantee the country's democratization.
5. The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.
6. Any political agreements reached by the Government of the Republic of Guatemala an the Unidad Revolucionaria Nacional Guatemalteca (URNG) must reflect the legitimate aspirations of all Guatemalans and lead to institutional measures and the proposal of constitutional reforms to the Congress of the Republic, within the framework and in the spirit of the Political Constitution of the Republic of Guatemala and the Oslo, El Escorial and Mexico Agreements.

Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(a) The pre-eminence of civilian society;
(b) The development of democratic institutions;
(c) The effective functioning of a State subject to the rule of law;
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
(e) Unconditional respect for human rights;
(f) Subordination of the role of the armed forces to civilian authority;
(g) Recognition of and respect for the identity and rights of indigenous peoples;
(h) Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;
(i) Effective resettlement of populations uprooted by the internal armed conflict.

Page 11, AGREE:
II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.
Detention procedures
No specific mention.
Media and communication
Rights related issues→Media and communication→Other
Page 10, CONSIDER THAT:
5. The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.

Page 11, AGREE:
III. That this Agreement must be disseminated widely to the people of Guatemala and, in particular, to the sectors which took part in the dialogue at the meetings held under the Oslo Agreement and the National Dialogue, and that they must be informed by the Conciliator in order to ensure that the Agreement is duly understood.
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
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 10, CONSIDER THAT:
1. The political forces and the various sectors which make up Guatemalan society have expressed their desire for the achievement of peace, democracy and social justice.
2. The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.

Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(h) Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;
National economic plan
No specific mention.
Natural resources
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(h) Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;
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
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
(f) Subordination of the role of the armed forces to civilian authority;
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
No specific mention.

Implementation

UN signatory
FOR THE UNITED NATIONS: (Signed) Francesc VENDRELL, Representative of the Secretary-General of the United Nations;
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 12, AGREE:
IV. This Agreement shall be placed on record and form part of the Agreement on a firm and lasting peace, and shall serve as a framework for considering the other items to be negotiated, taking into account the particular aspects and specific concerns relating to each one.
Related cases
No specific mention.
Source
UN Peacemaker. Available at: https://peacemaker.un.org/guatemala-queretaroagreement91 (Accessed 6 October 2020).

Framework Agreement on Democratization in the Search for Peace by Political Means

"Queretaro Agreement"

With the aim of achieving the objectives set forth in the Esquipulas II Agreement of 7 August 1987 and in accordance with the Oslo Agreement of 30 March 1990, the delegations of the Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), having pursued negotiations under the Oslo Agreement with the Chairman of the National Reconciliation Commission, Mr. Rodolfo Quezada Tomas:), acting as Conciliator, with the participation of the National Reconciliation Commission (CNR) and with the Representative of the Secretary-General of the United Nations Mr. Francesc Vendrell, acting as Observer, and hereby placing on record the agreements which they have reached on the item "democratization" of the general agenda adopted at Mexico City on 26 April 1991,

CONSIDER THAT:

The political forces and the various sectors which make up Guatemalan society have expressed their desire for the achievement of peace, democracy and social justice.

The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.

Considering the issue of democratization makes it possible to establish a general framework within which to approach coherently the other items to be discussed in the negotiating process.

Guatemala requires measures which ensure the development of political, economic, social and cultural democratization.

The Government of the Republic of Guatemala recognizes its responsibility to implement measures which are in the population's interest and guarantee the country's democratization.

The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.

Any political agreements reached by the Government of the Republic of Guatemala an the Unidad Revolucionaria Nacional Guatemalteca (URNG) must reflect the legitimate aspirations of all Guatemalans and lead to institutional measures and the proposal of constitutional reforms to the Congress of the Republic, within the framework and in the spirit of the Political Constitution of the Republic of Guatemala and the Oslo, El Escorial and Mexico Agreements.

Accordingly, the Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG),

AGREE:

I. That the strengthening of functional and participatory democracy requires:

The pre-eminence of civilian society;

The development of democratic institutions;

The effective functioning of a State subject to the rule of law;

The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;

Unconditional respect for human rights;

Subordination of the role of the armed forces to civilian authority;

Recognition of and respect for the identity and rights of indigenous peoples;

Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;

Effective resettlement of populations uprooted by the internal armed conflict.

II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.

III. That this Agreement must be disseminated widely to the people of Guatemala and, in particular, to the sectors which took part in the dialogue at the meetings held under the Oslo Agreement and the National Dialogue, and that they must be informed by the Conciliator in order to ensure that the Agreement is duly understood.

IV. This Agreement shall be placed on record and form part of the Agreement on a firm and lasting peace, and shall serve as a framework for considering the other items to be negotiated, taking into account the particular aspects and specific concerns relating to each one.

Queretaro, Mexico, 25 July 1991

FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA

(Signed) Manuel CONDE ORELLANA Secretary-General of the Presidency of the Republic;

(Signed) Fernando HURTADO PREM Minister of the Interior;

(Signed) Brigadier General Mario Rene ENRIQUEZ MORALES Commander of the Military Brigade Guard of Honour;

(Signed) Staff Colonel Marco A. GONZALEZ TARACENA Director of intelligence of the National Defence Staff;

(Signed) Ruben Amilcar BURGOS SOLIS Special Counsellor to the Presidency of the Republic;

(Signed) Manolo BENDFELDT ALEJOS Minister of Urban and Rural Development;

(Signed) Brigadier General Jose D. GARCIA SAMAYOA, Deputy Chief of the National Defence Staff;

(Signed) Staff Colonel Julio A. BALCONI TURCIOS Commander of the Mobile Military Police;

(Signed) Ernesto VITERI ECHEVERRIA Special Counsellor to the Presidency of the Republic;

(Signed) Jose Luis ASENSIO AGUIRRE Adviser to the President of the Republic;

FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA (URNG) General Command:

(Signed) Commander Gaspar ILOM;

(Signed) Commander Pablo MONSANTO;

(Signed) Commander Rolando MORAN;

Political and Diplomatic Commission:

(Signed) Francisco VILLAGRAN MUNOZ;

(Signed) Luis BEKKER GUZMAN;

(Signed) Miguel Angel SANDOVAL;

(Signed) Mario CASTABEDA, Adviser;

FOR THE NATIONAL RECONCILIATION COMMISSION:

(Signed) Teresa BOLAROS DE ZARCO;

(Signed) Alfonso CABRERA HIDALGO;

(Signed) Mario PERMUTH LISTWA;

(Signed) Oliverio GARCIA RODAS;

(Signed) Monsignor Rodolfo QUEZADA TORUNO, Conciliator, Chairman of the National Reconciliation Commission;

FOR THE UNITED NATIONS

(Signed) Francesc VENDRELL, Representative of the Secretary-General of the United Nations;