New York Act

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Country/entity: El Salvador
Region: Americas
Agreement name: New York Act
Date: 31 Dec 1991
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
El Salvador Civil War (1979 - 1992)
The civil war in El Salvador lasted from 1979 to 1992 between an authoritarian government and non-state opponents. Following a failed coup d’état, five leftist guerrilla movements merged to form the umbrella organisation Farabundo Marti National Liberation Front (FMLN). U.S. support for the central Salvatorean government after 1979 lasted until its collapsed in late 1980s, after which the right-wing Republican National Alliance (Arena) filled the power vacuum. In March 1990, the rebels announced a suspension of attacks on non-military entered into talks backed by the UN and Catholic Church with the government. Despite the talks violence peaked over the next two years until the Chapultepec Peace Accords were signed in Mexico City in February 1992. Another ceasefire was signed a month later, which lasted nine months and was never broken during that time. Arena won the 1994 presidential elections and maintained a significant portion of the legislature until 2009, when the FMLN attained the presidency.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: El Salvador peace process
Parties: Representing the Government of El Salvador: (Signed) Mr. Oscar SANTAMARIA; (Signed) Col. Mauricio Ernesto VARGAS; (Signed) Mr. David ESCOBAR GALINDO; (Signed) Col. Juan MARTINEZ VARELA; (Signed) Mr. Abelardo TORRES; (Signed) Mr. Rafael HERNAN CONTRERAS;

Representing the Frente Farabundo Marti para la Liberacion Nacional: (Signed) Cmdr. Schafik HANDAL; (Signed) Cmdr. Francisco JOVEL ; (Signed) Cmdr. Salvador SANCHEZ CEREN; (Signed) Cmdr. Eduardo SANCHO; (Signed) Cmdr. Joaquin VILLALOBOS
Third parties: (Signed) Alvaro DE SOTO, Representative of the Secretary-General of the United Nations
Description: Parties declared they had reached definitive agreements which would put the armed conflict to an end. Agreement reached on all technical and military aspects relating to separation of warring parties and cessation of the armed conflict, including end to FMLN military structure and reintegration of its members into civil, political and institutional life. Cessation of armed conflict to take effect on 1 February 1992 and to conclude on 31 October 1992. Further meeting scheduled to negotiate timetable for implementing agreements with Final Peace Agreements to be signed on 16 January 1992. Declaration that the parties have completed negotiations on all the areas laid out in the Caracas Agenda; further meeting scheduled for parties to negotiate timeframe for implementation

Agreement document: SV_911231_NewYorkAct.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: No specific mention.
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: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

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: No specific mention.
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: Security sector→Ceasefire→Ceasefire provision
Page 1,
... The parties have also agreed that the cessation of the armed conflict shall take effect formally on 1 February 1992 and shall conclude on 31 October 1992.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 1,
... An agreement has also been reached on all technical and military aspects relating to the separation of the warring parties and the cessation of the armed conflict, which includes the end of the military structure of the FMLN and the reintegration of its members, within a framework of full legality, into the civil, political and institutional life of the country.

Page 1,
... A further meeting between the parties has been scheduled for 5 January 1992 to negotiate the timetable for implementing the agreements and the procedure for ending the military structure of the FMLN and reintegrating its members, within a framework of full legality, into the civil, political and institutional life of the country.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1,
... An agreement has also been reached on all technical and military aspects relating to the separation of the warring parties and the cessation of the armed conflict, which includes the end of the military structure of the FMLN and the reintegration of its members, within a framework of full legality, into the civil, political and institutional life of the country.

Page 1,
... A further meeting between the parties has been scheduled for 5 January 1992 to negotiate the timetable for implementing the agreements and the procedure for ending the military structure of the FMLN and reintegrating its members, within a framework of full legality, into the civil, political and institutional life of the country.
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: (Signed) Alvaro DE SOTO, Representative of the Secretary-General of the United Nations
Other international signatory: If the timetable for implementation is not met, the parties agree to be bound by a formula for resolving the outstanding issues proposed by the Secretary-General;
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: United States Institute of Peace (2001) Peace Agreements: El Salvador - Peace Agreements Digital Collection. Available at: https://www.usip.org/publications/2001/04/peace-agreements-el-salvador (Accessed 14 October 2020).

New York Act

The Government of El Salvador and the Frente Farabundo Marti para la Liberacion Nacional (FMLN) hereby declare that they have reached definitive agreements which, combined with those previously signed at San Jose, Mexico City and New York, complete the negotiations on all substantive items of the Caracas Agenda and the New York "Compressed Negotiations".

Their implementation will put a final end to the Salvadorian armed conflict.

An agreement has also been reached on all technical and military aspects relating to the separation of the warring parties and the cessation of the armed conflict, which includes the end of the military structure of the FMLN and the reintegration of its members, within a framework of full legality, into the civil, political and institutional life of the country.

The parties have also agreed that the cessation of the armed conflict shall take effect formally on 1 February 1992 and shall conclude on 31 October 1992.

A further meeting between the parties has been scheduled for 5 January 1992 to negotiate the timetable for implementing the agreements and the procedure for ending the military structure of the FMLN and reintegrating its members, within a framework of full legality, into the civil, political and institutional life of the country.

Such negotiations must be successfully concluded by 10 January 1992 at the latest.

Otherwise, the parties undertake to accept, by 14 January 1992 at the latest, a formula for resolving outstanding issues to be proposed to them by the Secretary-General of the United Nations.

The Final Peace Agreements will be signed at Mexico City on 16 January 1992.

The parties undertake to preserve the atmosphere necessary for maintaining and expanding the unilateral decisions which they have taken in order to avoid all military activity.

New York, 31 December 1991

Representing the Government of El Salvador:

(Signed) Mr. Oscar SANTAMARIA

(Signed) Col.

Mauricio Ernesto VARGAS

(Signed) Mr. David ESCOBAR GALINDO

(Signed) Col.

Juan MARTINEZ VARELA

(Signed) Mr. Abelardo TORRES

(Signed) Mr. Rafael HERNAN CONTRERAS

Representing the Frente Farabundo Marti para la Liberacion Nacional:

(Signed) Cmdr.

Schafik HANDAL

(Signed) Cmdr.

Francisco JOVEL

(Signed) Cmdr.

Salvador SANCHEZ CEREN

(Signed) Cmdr.

Eduardo SANCHO

(Signed) Cmdr.

Joaquin VILLALOBOS

(Signed) Alvaro DE SOTO

Representative of the Secretary-General of the United Nations

New York Act

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

Source agreement