Chapultepec Agreement

• Country/entity

  El Salvador
  
• Region

  Americas
  
• Agreement name

  Chapultepec Agreement
• Date

  16 Jan 1992
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

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

  Framework/substantive - comprehensive
• Conflict nature

  Government
• Peace process

  El Salvador peace process
• Parties

  Representing the Government of El Salvador: (Signed)
  
  Mr. Oscar SANTAMARÍA
  
  Col. Juan MARTÍNEZ VARELA
  
  Gen. Mauricio Ernesto VARGAS
  
  Mr. David Escobar GALINDO
  
  Mr. Abelardo TORRES
  
  Mr. Rafael Hernán CONTRERAS
  
  Representing the Frente Farabundo Martí para la Liberación Nacional: (Signed)
  
  Cmdr. Schafik HÁNDAL
  
  Cmdr. Francisco JOVEL
  
  Cmdr. Salvador SÁNCHEZ CERÉN
  
  Cmdr. Eduardo SANCHO
  
  Cmdr. Joaquín VILLALOBOS
  
  Salvador SAMAYOA
  
  Ana Guadalupe MARTÍNEZ
  
  María Marta VALLADARES
  
  Roberto CAÑAS
  
  Dagoberto GUTIÉRREZ
• Third parties

  Boutros Boutros-Ghali, UNSG (signatory, status unclear)
• Description

  Set of political agreements dealing with the armed forces, civil police, judicial system, electoral system, economic and social questions, political participation by FMLN, cessation of armed conflict, UN verification, implementation timetable; series of annex elaborating necessary legislative reform

• Agreement document

  SV_910116_Chalputepec.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

El Salvador Peace Agreement (Chapultepec) – 1992

The Government of El Salvador and the Frente Farabundo Martí para la Liberación

Nacional (hereinafter referred to as "the Parties"),

Reaffirming that their purpose, as set forth in the Geneva Agreement of 4 April 1990, is

"to end the armed conflict by political means as speedily as possible, promote the

democratization of the country, guarantee unrestricted respect for human rights and

reunify Salvadorian society",

Bearing in mind the San José, Mexico and New York Agreements of 26 July 1990, 27

April 1991 and 25 September 1991 respectively, arrived at by them in the course of the

negotiating process conducted with the active participation of the Secretary-General of

the United Nations and of his Representative, which Agreements form a whole with the

Agreement signed today,

Having concluded negotiations on all the substantive items of the Caracas Agenda of 21

May 1990 and of the New York Compressed Negotiations of 25 September 1991,

Have arrived at the set of political agreements that follow, whose implementation,

together with that of the earlier Agreements mentioned above, will put a definitive end to

the Salvadorian armed conflict:

Chapter I

Armed Forces

1. Doctrinal principles of the armed forces

The doctrine for the armed forces, on the basis of the constitutional reform agreed to in

April 1991, as defined by law, shall conform to the principles set forth below, and

henceforth their institutional regime and educational system shall be based exclusively on

those principles and their operations shall be bound by strict observance of them:

A. The mission of the armed forces is to defend the sovereignty of the State and the

integrity of its territory, according to the terms of the regime defined for them by

the Constitution and the laws.

The performance of this mission is inseparable

from democratic values and strict respect for all parts of the Constitution.

B. As established in the Constitution, the armed forces are a permanent institution in

the service of the nation.

They shall be obedient, professional, apolitical and nondeliberative.

Their institutional regime and operations shall also be consistent

with the principles deriving from the rule of law, the primacy of the dignity of the

human person and respect for human rights;

respect for and defence of the

sovereignty of the Salvadorian people;

the concept of the armed forces as an

institution free from all considerations of politics, ideology or social position or

any other discrimination;

and the subordination of the armed forces to the

constitutional authorities.

C. The armed forces owe respect to the political order determined by the sovereign

will of the people and all political or social changes generated by that will, in

accordance with democratic procedures consistent with the Constitution.

Their

institutional regime and operations shall be defined in terms ensuring a

harmonious relationship at all times with civilian society and the normal activities

of their members as part of that society.

D. As a State institution, the armed forces play an instrumental, non-decision-making

role in the political field.

Consequently, only the President of the Republic and the

basic organs of government may use the armed forces to implement the provisions

they have adopted, within their respective constitutional areas of competence, to

enforce the Constitution.

Similarly, those authorities have exclusive competence

to verify whether the political or social changes referred to in the preceding

paragraph are consistent with the Constitution.

E. The doctrine of the armed forces is based on a distinction between the concepts of

security and defence.

National defence, the responsibility of the armed forces, is

intended to safeguard sovereignty and territorial integrity against outside military

threat.

Security, even when it includes this notion, is a broader concept based on

unrestricted respect for the individual and social rights of the person.

It includes,

in addition to national defence, economic, political and social aspects which go

beyond the constitutional sphere of competence of the armed forces and are the

responsibility of other sectors of society and of the State.

F. The maintenance of internal peace, tranquillity, order and public security lies

outside the normal functions of the armed forces as an institution responsible for

national defence.

The armed forces play a role in this sphere only in very

exceptional circumstances, where the normal means have been exhausted, on the

terms established in the constitutional reform approved in April 1991.

2. Educational system of the armed forces

Reiterating fully their previous agreements, whereby the professional training of

members of the armed forces shall emphasize the pre-eminence of human dignity and

democratic values, respect for human rights and the subordination of such forces to the

constitutional authorities, the Parties have reached the following agreements:

A. The legal framework of the armed forces educational and training system shall be

defined on the basis of the provisions of articles 212 and 213 of the constitutional

reform agreed to in April 1991.

B. The doctrinal framework of the armed forces educational system shall be defined

by the doctrinal principles set forth in this chapter.

Those principles shall be the

doctrinal foundation of all armed forces educational and training programmes at

all levels.

C. Curricula and study programmes for the training and education of the armed

forces shall include, in addition to military and technical subjects, scientific and

humanistic studies in order to provide an all-round education which gives students

the necessary skills to participate actively in the institutional life of the country

and promotes at all times an harmonious relationship with civilian society, as well

as their normal activities as members of that society.

D. In order to attain fully the goals outlined in the preceding paragraph, members of

the armed forces shall be encouraged to take professional and postgraduate

courses at the country's universities.

E. The Military College shall be run on a collegiate basis in teaching matters.

Its

Director shall be the President of an Academic Council which shall include

members of the military and civilians from the academic world.

Members of the

Academic Council shall be appointed by the President of the Republic.

F. COPAZ shall decide on the number of members of the Academic Council, which

shall comprise an equal number of civilians and military personnel.

G. Civilian members of the Academic Council shall be appointed by the President of

the Republic, on the basis of criteria of political pluralism, from lists of three

candidates proposed by COPAZ.

H. The teaching staff shall be appointed by the Academic Council, which shall

ensure that no political tendency predominates among that staff.

I. The Director of the Military College shall be appointed by the President of the

Republic.

J. The admissions system shall be determined by the Academic Council, which shall

ensure that it is not discriminatory.

K. COPAZ shall oversee, in particular, the implementation of paragraphs (G), (H)

and (J), under the terms laid down in the New York Agreement of 25 September

1991.

3. Purification

The Parties agree to a process of purification of the armed forces, within the framework

of the peace process and with a view to the supreme objective of national reconciliation,

based on evaluation of all members of the armed forces by an ad hoc Commission.

A. The evaluation shall take into account the past performance of each officer,

including, in particular:

(1) his record of observance of the legal order, with

particular emphasis on respect for human rights, both in his personal conduct and

in the rigour with which he has ordered the redress and punishment of unlawful

acts, excesses or human rights violations committed under his command,

especially if there have been serious or systematic omissions in the latter respect;

(2) his professional competence;

and (3) his capacity to function in the new

situation of peace, within the context of a democratic society, and to promote the

democratization of the country, guarantee unrestricted respect for human rights

and reunify Salvadorian society, which is the common purpose agreed upon by

the Parties in the Geneva Agreement.

The existence of serious deficiencies in any

one of the above-mentioned areas could be sufficient grounds for the ad hoc

Commission to take the decisions required under paragraph (G) of this section.

B. The evaluation shall be carried out by a rigorously impartial ad hoc Commission

composed of three Salvadorians of recognized independence of judgement and

unimpeachable democratic credentials.

It shall also include two officers of the

armed forces with impeccable professional records, who shall have access only to

the deliberations of the Commission;

they shall not have access to the

investigation phase to be carried out by the ad hoc Commission, nor be involved

in the final phase of the investigation, but they may have access to its conclusions.

The selection of the three civilian members of the ad hoc Commission is the result

of a process of consultations carried out by the Secretary-General of the United

Nations, the outcome of which has already been communicated to both Parties.

The President of the Republic shall issue, within five days from the signing of this

Agreement, his endorsement giving legal form and force to the Commission.

If

necessary, the same procedure shall be used to replace any member of the

Commission who is permanently unable to serve.

The two officers of the armed

forces who are to participate in the ad hoc Commission on the conditions

indicated above shall be appointed by the President of the Republic.

C. The Commission on the Truth established by the Mexico Agreements of 26 April

1991 (hereinafter referred to as "the Commission on the Truth") may appoint an

observer to the ad hoc Commission.

D. The ad hoc Commission shall be provided with such civilian support staff as it

considers necessary.

E. The Ministry of Defence and Public Security, 1 as well as any public entity, shall

supply the ad hoc Commission with any information it requests, including

information on the service record of each officer.

In any case, the ad hoc

Commission may avail itself of information from any source which it considers

reliable.

F. The ad hoc Commission shall adopt and, where necessary, request the adoption of

any measure which, in its view, is necessary for its own safety and to ensure the

safety and physical and moral integrity of persons who, in any form or manner,

cooperate with it in the fulfilment of its mission.

G. The ad hoc Commission shall adopt its conclusions, after hearing the parties

concerned, on the basis of the provisions of paragraph (A) of this section.

Its

conclusions may include a change of duty station and, where necessary, the

discharge of the staff evaluated.

H. The ad hoc Commission shall endeavour to adopt its decisions unanimously, but

if this is not possible a vote by the majority of its members shall suffice.

I. The evaluation shall be extended to non-commissioned officers when, in the

judgement of the ad hoc Commission, there is justification for doing so.

J. The ad hoc Commission shall conclude its evaluation within a maximum period

of three months from the date of its establishment.

The corresponding

administrative decisions shall be taken within 30 days from the date on which the

conclusions are communicated to the Government by the ad hoc Commission and

shall be implemented within 60 days from that date.

K. The results of the evaluation shall not prevent the implementation of such

recommendations as the Commission on the Truth may make at the appropriate

time.

4. Reduction

The new situation of peace shall include the reduction of the armed forces to a size

appropriate to their doctrine and to the functions assigned to them by the Constitution

within the framework of the constitutional reform resulting from the Mexico Agreements.

Accordingly, pursuant to the New York Agreement, the Government has submitted to the

Secretary-General of the United Nations a plan for the reduction of the armed forces,

which the Secretary-General has made known to FMLN.

The implementation of the plan

must have the practical consequence of making reductions in the various branches of the

armed forces.

A. Organization

The organization of the armed forces shall be adapted to their institutional mission

in peacetime, in keeping with the functions assigned to them by the Constitution.

This means:

a. The type of units appropriate for performing the various tasks

corresponding to that mission;

b. The appropriate structure, organization and equipment for such units by

branch, service, category (rank) and speciality;

and

c. Staffing requirements, by unit, mission and rank.

B. Units

a. Reduction of units shall be based on the reorganization of the armed

forces.

The number and type of units shall be in keeping with the new

organization;

b. In any case, the reduction covers units established as a consequence of the

conflict.

C. Personnel

The reorganization and the reduction of units involve cutting back personnel in

the various categories, branches and services or specialities of the armed forces.

The number of officers shall be reduced in accordance with the reduction plan and

shall be commensurate with the normal needs of an army.

D. Matériel and equipment

Matériel and equipment shall be in keeping with the new organization, the

doctrine and constitutional mission of the armed forces.

E. Facilities

Reduction involves the conversion, return or disposal of facilities no longer used

by the armed forces.

F. Administrative and service structures

All administrative and service structures shall be adapted to the new situation of

peace and to the doctrine and the new constitutional mission of the armed forces.

G. Military spending

5. End to impunity

The Parties recognize the need to clarify and put an end to any indication of impunity on

the part of officers of the armed forces, particularly in cases where respect for human

rights is jeopardized.

To that end, the Parties refer this issue to the Commission on the

Truth for consideration and resolution.

All of this shall be without prejudice to the

principle, which the Parties also recognize, that acts of this nature, regardless of the

sector to which their perpetrators belong, must be the object of exemplary action by the

law courts so that the punishment prescribed by law is meted out to those found

responsible.

6. Public security forces

A. Under the constitutional reform resulting from the Mexico Agreements, the

safeguarding of peace, tranquillity, order and public security in both urban and

rural areas shall be the responsibility of the National Civil Police, which shall be

under the control of civilian authorities.

The National Civil Police and the armed

forces shall be independent and shall be placed under the authority of different

ministries.

B. According to the terms of chapter II of this Agreement, the National Civil Police

shall be a new force, with a new organization, new officers, new education and

training mechanisms and a new doctrine.

C. The National Guard and the Treasury Police shall be abolished as public security

forces and their members shall be incorporated into the army.

7. Intelligence services

A. The National Intelligence Department shall be abolished and State intelligence

services shall be entrusted to a new entity to be called the State Intelligence

Agency, which shall be subordinated to civilian authority and come under the

direct authority of the President of the Republic.

During the transitional period,

the Director of the State Intelligence Agency shall be a civilian appointed by the

President of the Republic on the basis of his ability to attract broad acceptance.

He may be dismissed by resolution of the Legislative Assembly on grounds of

serious human rights violations.

B. The legal regime, staff training, organizational lines, operational guidelines and,

in general, the doctrine of the State Intelligence Agency shall accord with

democratic principles;

the concept of State intelligence as a State function for the

common good, free from all considerations of politics, ideology or social position

or any other discrimination;

and strict respect for human rights.

C. The activities of the State Intelligence Agency shall be restricted to those required

for compiling and analysing information in the general interest, by the means and

within the limits authorized by the legal order and, in particular, on the basis of

strict respect for human rights.

D. The activities of the State Intelligence Agency shall be supervised by the

Legislative Assembly, using the oversight mechanisms established by the

Constitution.

E. Alternative employment and compensation shall be offered to staff currently

attached to the National Intelligence Department who are not incorporated into

the new State Intelligence Agency.

International support shall be sought for that

purpose.

F. The incorporation into the State Intelligence Agency of staff of the National

Intelligence Department who so request shall be permitted only after rigorous

evaluation of their past performance, abilities and capacity to adapt to the new

doctrine.

Such evaluation shall be made by the Director of the Agency, under the

authority of the President of the Republic, with the support of international

advisory services and United Nations verification.

G. The State Intelligence Agency shall be organized by its Director, under the

authority of the President of the Republic.

8. Rapid deployment infantry battalions

The Parties recognize that the rapid deployment infantry battalions were created at a

specific moment in the conflict and that their existence must therefore be reviewed as

circumstances dictate.

Consequently, they also recognize that the rapid deployment

infantry battalions will not be needed in the new situation of peace, with the result that in

these circumstances it will be possible to disband them and to redeploy or discharge

personnel currently assigned to them.

9. Subordination to civilian authority

The President of the Republic, in exercise of the power of discretion conferred on him by

the Constitution, may appoint civilians to head the Ministry of Defence.

In any case,

appointees must be persons fully committed to observing the peace agreements.

10. Paramilitary bodies

A. The Parties recognize the principle that any paramilitary force or group must be

proscribed in a State governed by the rule of law.

B. Civil defence.

Civil defence units shall be disbanded.

This process shall be

gradual and shall be subject to the implementation timetable for the peace

agreements.

C. System of armed forces reserves.

A new system of armed forces reserves shall

replace the present system of territorial service, according to the following terms:

a. The system shall be responsible for the organization and functioning of the

following aspects:

(1) up-to-date registration of citizens in reserve status

and citizens fit for military service;

(2) updating of the military skills of

reserves;

(3) when necessary, calling reserves up for active duty to

perform the mission entrusted to the armed forces by the Constitution.

b. The new system shall be under the authority of the Ministry of Defence.

c. Armed forces reserves may undertake missions only if assigned to active

duty in the armed forces and in conformity with the Constitution, and shall

not perform any function related to public security or monitoring of the

population or the territory.

d. The laws, regulations and orders in force on this subject shall be made

compatible with the terms of this Agreement.

D. Regulation of private security services.

The Parties recognize the need to regulate

the activities of all those entities, groups or persons who provide security or

protection to private individuals, corporations or State institutions, in order to

guarantee the transparency of their activities and also their strict subordination to

the law and to respect for human rights.

To that end:

a. A special law shall regulate the activities of entities, groups or persons

who provide security or protection to private individuals, corporations or

State institutions.

That law shall establish the requirements which must be

met in order to offer and provide such services;

a system for the public

registration of the staff, weapons and offices, if any, of such groups,

entities or persons;

appropriate oversight mechanisms, including their

supervision by the National Civil Police;

and, in general, the necessary

limitations and prohibitions to ensure that such security services operate

exclusively within the framework of the law.

b. The law shall also establish peremptory deadlines for fulfilling the above

requirements, where relevant.

Once those deadlines have expired, entities

which have not fulfilled the above requirements shall be considered illegal

and their members and organizers shall be subject to application of the

corresponding legal penalties.

c. To that end, the Parties express their agreement with the outline of the

preliminary legislative draft included as an annex to this Agreement,

which they refer to COPAZ, together with the above considerations, for it

to prepare the corresponding preliminary draft.

11. Suspension of forcible recruitment

A. Any form of forcible recruitment shall be suspended when the cessation of the

armed conflict comes into effect, pending the entry into force of the law referred

to in the next paragraph.

B. A new law governing military service and reserve service shall be promulgated.

That law shall establish as fundamental principles of military service that it shall

be universal and compulsory and shall be imposed fairly and without

discrimination.

C. Pursuant to the above, the law shall establish that all Salvadorians must present

themselves at the proper time at the corresponding registration centres.

Recruitment shall be effected exclusively by calling up individuals through the

drawing of lots, and by registering volunteers.

Military service may be performed

over one continuous period or over several periods of time.

D. The above law shall envisage administrative penalties for failure to fulfil the

obligations provided for therein and shall determine the grounds for temporary or

permanent exemption from military service, equivalences between types of

military service and other general provisions.

E. The law shall also regulate the armed forces reserves in accordance with

paragraph (C) of section 10 of this chapter.

12. Preventive and promotional measures

Within the context of the objectives of this Agreement, the Parties recognize the need to

adopt a number of measures designed to promote enhanced respect for the rules which

must govern the armed forces and to prevent infringements of those rules.

These

measures include the following:

A. Supervision of armed forces operations by the Legislative Assembly.

B. Effective functioning of the Armed Forces General Inspectorate.

The Inspector

General shall be a member of the armed forces with an impeccable professional

record, appointed by the President of the Republic.

C. Creation of an armed forces court of honour to try acts which, although not

necessarily punishable, are contrary to military honour.

This shall be without

prejudice to the requirement that soldiers who have broken the law must be

brought before the courts.

D. Amendment of the law penalizing unlawful enrichment to expressly include

within its jurisdiction senior commanders of military units and those performing

administrative functions at the same levels.

E. Cancellation of licences for private individuals to bear weapons that are for the

exclusive use of the armed forces, and immediate recall of such weapons.

F. Dissemination of the doctrine of the armed forces so that the whole of society is

familiar with it.

G. Adaptation of the legislation on the armed forces to the constitutional reform

approved in April 1991, to the New York Agreement and to this Agreement.

13. Redeployment and discharge

A. Troops belonging to units that are to be abolished or disbanded shall be

redeployed within the armed forces where such redeployment is compatible with

the armed forces troop strength required by the objectives of this Agreement, and

with the conclusions and recommendations of the ad hoc Commission provided

for in section 3 of this chapter.

B. All troops discharged as a result of these agreements shall be given compensation

equivalent to one year's pay at their wage level and the Government shall promote

projects permitting the integration of such individuals into civilian life.

1 The results of the constitutional reform will be taken into account.

Chapter II

National Civil Police

1. Establishment of the national civil police

The National Civil Police shall be established in accordance with the constitutional

reform resulting from the Mexico Agreements.

The National Civil Police shall be a new

force with a new organization, new officers, new education and training mechanisms and

a new doctrine.

A. The National Civil Police shall be the only armed police body with

national jurisdiction.

Its mission shall be to protect and safeguard the free

exercise of the rights and freedoms of individuals, to prevent and combat

all types of crimes, and to maintain internal peace, tranquillity, order and

public security in both urban and rural areas.

B. In accordance with the provisions of the New York Agreement, the

organization of the National Civil Police and the general outlines of its

staff profile shall be determined, on the terms set forth in this Agreement,

under close international cooperation and supervision, coordinated by the

United Nations.

2

2. Doctrine

A. The legal regime, staff training, organizational lines, operational

guidelines and, in general, the institutional definition and operation of the

National Civil Police shall accord with democratic principles;

the concept

of public security as a service provided by the State to its citizens, free

from all considerations of politics, ideology or social position or any other

discrimination;

respect for human rights;

the effort to prevent crime;

and

the subordination of the force to the constitutional authorities.

Citizens'

exercise of their political rights may not be impaired by police activities.

B. The National Civil Police shall be a professional body, independent of the

armed forces and free from all partisan activity.

Without prejudice to the

right of its members to make, as citizens, their own political choices, they

shall not be able to use their status for partisan purposes.

C. Members of the National Civil Police shall at all times observe the duties

imposed on them by law, serving the community and protecting all

persons from illegal acts, in keeping with the high degree of responsibility

required by their profession.

D. In the performance of their tasks, members of the National Civil Police

shall respect and protect human dignity and shall preserve and defend the

human rights of all persons.

E. Members of the National Civil Police may use force only when strictly

necessary and to the extent required for the fulfilment of their tasks.

F. Questions of a confidential nature of which members of the National Civil

Police have knowledge shall be kept secret, unless compliance with duty

or the needs of justice strictly demand otherwise.

G. No member of the National Civil Police may inflict, instigate or tolerate

any act of torture or other cruel, inhuman or degrading treatment or

punishment, nor invoke the orders of a superior or special circumstances,

such as a state of war or threat of war, threats to national security, internal

political instability or any other public emergency to justify torture or

other cruel, inhuman or degrading treatment or punishment.

H. All orders from above shall be in keeping with the laws of the Republic.

Obeying the orders of a superior is no justification for committing acts

which are clearly punishable.

I. Members of the National Civil Police shall ensure full protection of the

health of persons in their custody and, in particular, shall take immediate

steps to provide medical care when necessary.

J. Members of the National Civil Police shall not commit any act of

corruption.

They shall also strongly oppose such acts and shall combat

them.

K. Members of the National Civil Police who have reason to believe that a

breach of these rules of conduct has occurred or is about to occur shall so

inform their superiors and, if necessary, any authority or appropriate

agency having powers of control or correction.

L. In the performance of their functions, members of the National Civil

Police shall, as far as possible, utilize non-violent means before resorting

to the use of force and firearms.

They may use force and firearms only

when other means prove ineffective or do not in any way guarantee the

achievement of the legitimate anticipated result.

M. Members of the National Civil Police shall not use firearms against people

except in self-defence or in defence of other people, or in case of

imminent danger of death or serious injury, or with the intention of

preventing the commission of a particularly serious crime involving a

serious threat to life, or for the purpose of arresting a person who

represents such a threat and resists their authority, and only where less

extreme means prove insufficient to achieve such objectives.

In any case,

lethal weapons may be used intentionally only when strictly unavoidable

for the protection of a life.

N. As part of the performance of their duty to safeguard the exercise of the

rights of individuals, members of the National Civil Police shall protect

the exercise of the right of assembly and demonstration.

When, for legal

reasons, they are compelled to break up a demonstration or a meeting, they

shall use the least dangerous means and only to the minimum extent

necessary.

Members of the National Civil Police shall refrain from using

firearms in such cases, save where the meetings are violent and other

means have been exhausted, and only under the circumstances provided

for in the preceding paragraph.

3. Functional and territorial structure

The functional and territorial structure to be adopted by the National Civil Police is

defined in the following general framework.

This structure shall be reflected in the

organizational chart and in the law on the organization of the National Civil Police.

A. General legal framework

a. National Civil Police authorities

1. The National Civil Police shall be under the control of

civilian authorities (art.

168, para.

17, of the Constitution).

These shall be:

the President of the Republic, the Minister,

the Vice-Minister, the Director-General of Police, the

Deputy Directors-General, the Inspector General, the

division chiefs of each service and the chiefs of

departmental delegations.

2. The Director-General of the National Civil Police shall be

appointed by the President of the Republic.

He may be

dismissed by resolution of the Legislative Assembly for

serious violations of human rights.

The leadership of the

National Civil Police shall be civilian.

3. Without prejudice to the provisions of this chapter

concerning the transitional regime, the National Civil

Police shall be placed under the authority of a new Ministry

of the Interior and Public Security.

To that end, the existing

Ministry of the Interior shall be restructured.

A Vice-

Ministry of Public Security shall be established and shall be

responsible for relations with the National Civil Police.

The

public security structure shall be entirely new.

b. Nature of the organization

The National Civil Police shall have a centralized organization, in

that it will be structured at the national level in such a way as to

cover all tasks assigned to the police.

Its operation, on the other

hand, shall be decentralized, because there shall be departmental

police delegations in accordance with the administrative divisions

of the country.

Owing to the nature of the functions assigned to certain units

which belong organizationally to the National Civil Police, these

units may remain under the functional control of other authorities,

under the terms set forth in this chapter.

B. Organs reporting to the Director-General

a. Offices of Deputy Directors-General

b. The General Inspectorate

Under the authority of the Director-General, the General

Inspectorate of Police shall be responsible for monitoring and

supervising the activities of the operational services of the force.

The Inspector General shall be appointed by the Director-General,

in consultation with the Attorney-General of the Republic and the

National Counsel for the Defence of Human Rights.

The General Inspectorate shall comprise a Monitoring Division,

which shall have the function of monitoring all police services, and

a Disciplinary Investigation Division, which shall have the

function of investigating breaches of discipline by police officers.

c. Legal advisory services

These services shall be staffed by legal experts specialized in

police matters.

They shall be organized in accordance with the

needs of the various functional and territorial police structures.

d. International legal advisory services

International legal advisory services shall be staffed by suitable

personnel and high-level specialists.

They shall be coordinated by

the United Nations and are envisaged as a transitional arrangement.

C. Office of the Deputy Director-General for Operations

a. Divisions

1. Public Security Division

The Public Security Division shall be responsible for the

maintenance of tranquillity, order and public security.

It

shall have the following departments:

prevention, traffic,

public order, control of private security, juveniles 3 and

general coordination with departmental delegations.

2. Criminal Investigation Division

Under the functional control of the Attorney-General of the

Republic, the Criminal Investigation Division shall be

responsible for investigating criminal acts and gathering

evidence to identify the perpetrators of such acts.

It shall

also carry out investigations and other activities within its

field of competence as required by the Attorney-General of

the Republic, judges and courts.

The Chief of the Division shall be appointed by the

Director-General of the National Police, in consultation

with the Attorney-General and the President of the

Supreme Court of Justice.

The spheres of operation of this Division shall be organized

on the basis of punishable offences having the greatest

social impact.

It shall also have technical support

departments.

The legal regime applicable to this Division shall be

harmonized with the provisions of the Constitution

concerning auxiliary organs of the system of justice.

3. Frontiers Division

This Division shall be responsible for monitoring and

supervising the admission, departure, activities and

expulsion of aliens and the migration of nationals and for

the monitoring and supervision of public and private

civilian airports, without prejudice to the constitutional

duty of the armed forces to defend the integrity of the

territory of the State.

4. Finance Division

Under the functional control of the Ministry of Finance and

without prejudice to the fiscal oversight or other functions

performed by it, this Division shall be responsible for

preventing and combating infringements of tax law.

It shall

be the police support organ of the Ministry of Finance.

It

shall have two departments:

customs and taxes.

The Finance Division shall be the only police organ with

competence in the areas of customs and taxes.

Consequently, following its entry into operation, all

provisions and structures incompatible with this principle

shall cease to exist.

The Chief of the Finance Division shall be appointed by the

Director-General of the National Police with the prior

approval of the Minister of Finance.

5. Arms and Explosives Division

This Division shall be responsible for preventing and

combating infringements of the constitutional and legal

regime on the manufacture, import, export, trading,

possession and bearing of weapons, ammunition,

explosives and similar articles.

6. Division for the Protection of Eminent Persons

This Division shall be responsible for protecting and

escorting senior State officials;

foreign dignitaries visiting

the country;

and other persons on the basis of decisions of

the Government or of the courts;

and for guarding public

buildings and the offices of diplomatic missions or

international organizations.

7. Environment Division

Under the functional control of the Ministry of Agriculture

and Livestock, this Division shall be responsible for

preventing and combating crimes and misdemeanours

against the environment.

The Chief of the Environment Division shall be appointed

by the Director-General of the National Civil Police with

the prior approval of the Minister of Agriculture and

Livestock.

b. Territorial distribution

One police delegation per department and one metropolitan

delegation for San Salvador shall be established.

The headquarters

of delegations shall be located in departmental capitals.

Within

each delegation, there may also be sub-delegations located in the

main urban centres and also police posts in rural areas.

1. Departmental delegations

The chiefs of departmental delegations shall have authority

over all the units in their department.

They shall be

appointed by the Director-General of the National Police on

the proposal of the Deputy Director-General for

Operations, who shall be their direct supervisor.

The

organizational structure of delegations shall be adapted to

the needs of each department.

2. Sub-delegations and police posts

Sub-delegations shall be established in urban centres and

shall be organized on the basis of local needs.

Police posts

shall operate in rural areas.

D. Office of the Deputy Director-General for Management

The Office of the Deputy Director-General for Management shall be

responsible for implementing and coordinating the administrative and

logistical support activities of the police.

Its initial structure shall consist

of the following divisions:

 Infrastructure Division

 Data-Processing Division

 Administration Division

 Logistics Division

 Planning and Budget Division

4. Personnel of the National Civil Police

The personnel of the National Civil Police shall be organized on the basis of a

hierarchized manning table with three levels:

basic, executive and senior.

Each level shall

consist of the ranks determined by law.

The staff profile and general regime shall be in

keeping with the terms of this Agreement.

A. Profile

a. Personnel of the National Civil Police must have a vocation of

service to the community, a capacity for human relations and

emotional maturity, and the conduct and physical condition

required to serve as a police officer.

They must also be suited to

serving in a police force which is designed, structured and operated

as a civilian institution with the purpose of protecting and

guaranteeing the free exercise of the rights and freedoms of

individuals;

preventing and combating all types of crimes;

and

maintaining internal peace, tranquillity, order and public security.

They must also be able to adjust their conduct satisfactorily to the

doctrine and legal regime of the National Civil Police.

Both admission to the National Public Security Academy and final

admission to the police force shall require checking the profile of

candidates.

Specific evaluation criteria shall be established for this

purpose, with rigorous standards set for each level of

responsibility.

b. Educational level

1. Basic level.

a. Police officers must have completed the ninth grade

of education.

b. Police sergeants must hold a high school diploma.

2. Executive level.

The successful completion of three years

of university studies or their equivalent is required.

3. Senior level.

A university degree or its equivalent is

required.

c. General requirements for admission to the Academy

In order to enter the National Public Security Academy, applicants

are required to:

1. Be Salvadorian by birth.

2. Have reached the age of 18 before submitting the

application.

3. Have completed the level of studies required for the

category concerned.

4. Be physically fit.

5. Have full exercise of their civic rights.

6. Have no criminal record, i.e. convictions resulting from a

final verdict.

7. Pass the entrance examinations, which shall be designed to

ensure that candidates fit the profile required to belong to

the National Civil Police, according to each of the levels of

responsibility defined in this chapter.

The entrance

examinations shall consist of a test of general knowledge, a

physical examination, a medical examination and a

psychological examination.

These examinations shall be

supplemented by personal interviews with the candidates.

d. The preparation of the examinations referred to in the preceding

paragraph and the formation of the boards of examiners

responsible for administering them shall be carried out on the basis

of exclusively technical criteria.

e. Special emphasis shall be placed on the training of police

personnel, so that they are given the best possible preparation and

are trained to perform their duties in strict conformity with the

doctrine of the police force, with special emphasis on unrestricted

respect for human rights.

B. General regime

a. Members of the National Civil Police shall be career professionals

and agents of authority.

b. The duties, rights, responsibilities and disciplinary regime of the

members of the National Civil Police shall be determined by law.

c. Members of the National Civil Police shall be required to serve in

any part of the national territory.

d. Members of the National Civil Police shall wear the regulation

uniform whenever they are on active duty.

In exceptional cases, the

Minister, or in his absence, the Vice-Minister or the Director-

General may give authorization for not wearing uniforms for

certain tasks.

e. Members of the National Civil Police shall bear firearms when

warranted by the needs of the service.

They shall use only small

arms, which are appropriate to police duties and cannot be

considered war matériel.

Special weapons shall be stored in the

arsenal of the National Civil Police, to be used by personnel

trained for this purpose when, in the opinion of the Minister

concerned or, in his absence, of the Vice-Minister or the Director-

General, special circumstances exist which require their use.

f. Members of the National Civil Police shall respect the Constitution

and the law and shall at all times adjust their conduct to the

doctrine of the force, as defined in this Agreement.

g. Members of the National Civil Police shall not normally be

required to live in barracks.

Such a regime shall be applied only in

exceptional circumstances and for the time strictly necessary.

h. The law shall define the regime of labour rights of members of the

National Civil Police, bearing in mind the nature of the function

they are required to perform.

i. Members of the National Civil Police shall enjoy job security.

They may not be dismissed except for specific legal reasons.

j. Members of the National Civil Police shall be entitled to a level of

remuneration that ensures a decent standard of living for

themselves and their families and also accords with their rank and

length of service.

k. Vehicles, communications systems, uniforms, facilities and, in

general, any equipment used by members of the National Civil

Police shall be suited to the requirements of a police force of the

type defined in this Agreement.

5. National Public Security Academy

A. The National Public Security Academy shall be responsible for:

a. Basic training, training of middle-ranking and senior officers and

specialized training of the National Civil Police.

b. Selecting personnel for the National Civil Police.

c. Investigating, studying and publicizing matters relating to the

National Civil Police and public security.

d. Making an annual evaluation of all National Civil Police

personnel.

B. The National Public Security Academy shall be an autonomous body

placed directly under the authority of the Minister concerned.

C. The National Public Security Academy shall be run by a Director-General

and an Academic Council.

The Academic Council shall perform standardsetting

and comptrolling functions in its sphere of competence.

The

Director-General shall be President of the Academic Council and shall

exercise the executive and administrative powers of the Academy.

D. The Director-General shall be appointed by the President of the Republic.

E. The Academic Council shall consist of civilians prominent in civilian,

cultural, legal, technical, police or academic life, appointed by the

President of the Republic on the proposal of the Minister concerned and

on the basis of criteria of political pluralism.

F. The admissions system shall be determined by the Academic Council,

which shall ensure that it is not discriminatory.

G. The teaching staff of the Academy shall be appointed by the Academic

Council.

No political tendency shall predominate among that staff.

The

law shall establish suitable mechanisms for ensuring this last goal.

6. Legal regime

The National Civil Police and the National Public Security Academy shall each be

regulated by special laws.

To that end, the Parties express their general agreement with

the proposed preliminary legislative drafts included as annexes to this Agreement

(annexes II and III), provided that the proposed drafts do not depart from the Agreement.

Consequently, in implementation of the New York Agreement, they hereby refer those

proposals to COPAZ, along with this Agreement, for it to prepare the corresponding

preliminary drafts.

7. Transitional regime

A. Organization

a. During the transition, the National Civil Police shall not be

attached to any Ministry.

The Director-General shall be under the

direct authority of the President of the Republic.

b. The National Civil Police shall be run by the Director-General,

under the terms laid down in this Agreement and in the New York

Agreement.

Until the establishment of the National Civil Police

has been legally formalized, the organizational work shall be done

by a Coordinator chosen for his ability to receive wide acceptance.

c. During the transition, the Director-General of the National Civil

Police shall be appointed by the President of the Republic from a

list of three candidates proposed by the National Commission for

the Consolidation of Peace (COPAZ).

d. The Coordinator and, subsequently, the Director-General, shall

establish appropriate machinery for information and

communication with COPAZ or, before the latter's final

formalization, with its transitional body, so that the Commission

can perform its function of supervising the organization of the

National Civil Police.

As part of the normal exercise of its

functions, COPAZ shall designate a subcommission to carry out

this task, which shall serve as an advisory commission to the

Coordinator or to the Director-General for the adoption of relevant

decisions or measures concerning the organization of the National

Civil Police, the assumption of its functions and, in general,

matters relating to the transitional regime which have not been

expressly resolved in this chapter.

e. In accordance with the provisions of the New York Agreement, the

organization of the National Civil Police shall be determined, on

the terms set forth in this Agreement, under close international

cooperation and supervision, coordinated by the United Nations.

B. Assumption of functions

a. The National Civil Police shall take up its functions gradually, as

contingents graduating from the National Public Security Academy

make it possible to staff fully each of the functional and territorial

structures provided for in this chapter.

The Director-General shall

determine the priorities and order according to which this

assumption of functions shall take place.

b. The process of replacing the former security forces shall be carried

out by geographical department, making sure that there are no gaps

in authority.

Within 21 months of the launching of this process, all

departments must be covered by contingents of the National Civil

Police.

c. During the first two years of the formation of the new force, the

goal of 5,700 officers at the basic level and 240 at the executive

and senior levels must be achieved.

Over the following five years,

the final figures for the National Civil Police, estimated tentatively

at some 10,000 officers at the basic level and about 500 at the

executive and senior levels, shall be attained.

d. While the first senior and executive officers of the National Police

Force are being trained, the Director-General may order the

creation of provisional commands, exclusively for the National

Civil Police, which shall act during a predetermined period and

shall be supported by experts and advisers, under a programme of

close international cooperation and supervision, coordinated by the

United Nations, on the terms laid down in this Agreement.

e. While the progressive deployment of the new force is taking place

under the terms laid down in this Agreement, the existing National

Police shall continue to perform its current public security

functions, with the exception laid down in the next paragraph.

The

National Police shall be the only one of the current public security

forces to retain functions of this nature during the transitional

period.

The international verification of agreements to be

undertaken by the United Nations through ONUSAL shall include

the activities of a group of specialists from countries with

experience in the organization and operation of civilian police

forces.

The tasks of those specialists shall include, in addition to

cooperating in ensuring a smooth transition and assisting police

authorities, that of accompanying officers and members of the

National Police in the performance of their duties.

f. During the progressive deployment of the new force to zones

which were traditionally conflict zones during the armed conflict,

public security in those zones shall be subject to a special regime

to be determined by the Director-General of the National Civil

Police.

That regime shall, in any case, envisage activities by the

group of specialists referred to in the preceding paragraph.

g. Personnel of the National Civil Police graduating from the

National Public Security Academy shall be subject to the general

rule laid down in this chapter that police shall not be required to

live in barracks.

During the initial period, however, exceptions

may be made where this is justified by lack of personnel in the

early phases of the deployment of the new force.

This exceptional

regime may not be extended under any circumstances beyond 31

December 1993.

h. In any case, during the preparatory phase and, in general, during

the transitional period until the National Police is completely

replaced by the National Civil Police, the role of international

advisory services and verification shall be strengthened.

C. National Public Security Academy

a. During the transition, the National Public Security Academy shall

not be attached to any Ministry.

Its Director shall be under the

direct authority of the President of the Republic.

b. During the transition, the Director-General of the National Public

Security Academy shall be appointed by the President of the

Republic from a list of three candidates proposed by COPAZ.

c. COPAZ shall determine how many members the Academic

Council of the National Public Security Academy should have

during the transition.

In this same period, those members shall be

appointed by the President of the Republic from lists of three

candidates proposed by COPAZ.

In any case, the Council shall

consist of civilians prominent in civilian, cultural, legal, police or

academic life, in accordance with this chapter.

The lists proposed

by COPAZ and the final appointments made by the President of

the Republic must ensure pluralism of the Academic Council.

d. The admissions system shall be determined by the Academic

Council, which shall ensure that it is not discriminatory.

e. Admission shall be contingent on passing the entrance

examinations provided for in section 4 of this chapter, adapted to

the criteria and procedures referred to in the New York Agreement.

The examinations shall be prepared on the basis of exclusively

technical criteria and the formation of the boards of examiners

responsible for administering them must be such as to ensure the

juries' absolute impartiality.

To that end, where it is necessary to

obtain additional technical resources because there are not enough

suitable resources in the country, the support of experts shall be

sought through the United Nations under the terms laid down in

this Agreement, as indicated in the next paragraph of this section.

COPAZ shall pay special attention to monitoring the fulfilment of

this provision.

f. In selecting the initial academic personnel, every effort shall be

made to find the best human resources available in Salvadorian

society so as to provide a group of teachers which is sufficiently

broad and pluralistic and of sufficiently high quality to give the

new police force a cultural identity in keeping with its nature and

doctrine.

To that end, assistance shall be sought from university

lecturers, expert jurists, doctors and other professionals involved in

police matters.

COPAZ shall establish appropriate mechanisms to

ensure that no political tendency predominates in that academic

body.

Such mechanisms must be included in the preliminary bill

on the National Public Security Academy.

g. In those areas of study where there are not sufficient teachers in the

country to meet the initial needs of the Academy, the support of

experts shall be sought through the United Nations under the terms

laid down in this Agreement, as indicated in the following

paragraph.

h. For the purposes of the recruitment, selection, preparation and

training of new personnel, the support of experts from countries

which are able to provide the assistance required for the needs of

this process shall be sought through the United Nations, under the

terms laid down in this Agreement.

D. Personnel

a. The criteria and mechanisms for the selection and training of

personnel shall accord with the concept of the National Civil

Police as a new force, with a new organization, new officers, new

education and training mechanisms and a new doctrine.

In this

context, personnel who did not participate directly in the armed

conflict shall be encouraged to join the force, without prejudice to

the right of former members of the National Police and former

FMLN combatants not to be discriminated against in the selection

of such personnel and their right to join the National Civil Police

under the terms of the New York Agreement and of this

Agreement.

b. A publicity campaign to promote the recruitment of new personnel

for the National Civil Police shall be designed and implemented as

soon as possible.

Special consideration shall be given to the

recruitment of women.

c. Former members of the National Police may join the National

Civil Police under the terms of this Agreement, after an evaluation

of their conduct, provided that they meet the admission

requirements and go through the new National Public Security

Academy.

This evaluation shall be made by the Director-General

of the National Civil Police, under the supervision of COPAZ, and

shall be subject to verification by the United Nations.

d. Former FMLN combatants may join the National Civil Police

provided that they fulfil the admission criteria and procedures

established for them by COPAZ and go through the new National

Public Security Academy.

As part of the verification of the

cessation of the armed conflict, ONUSAL shall check that

applicants who identify themselves in this category have actually

and irrevocably abandoned the armed struggle.

All this shall be

supervised and guaranteed by COPAZ.

e. For the recruitment of personnel referred to in the preceding

paragraphs, in the case of the basic level of the National Civil

Police, the level of general knowledge and/or the zones in which

personnel are to be recruited and serve shall be taken into account.

Those who do not have the level of formal education required for

admission must pass an aptitude and skills test to evaluate their

ability to follow the study programmes of the National Public

Security Academy satisfactorily.

Special courses shall be

organized to prepare for this test, under the auspices of the

National Public Security Academy and with support from the

Ministry of Education and the country's universities.

f. For courses at the basic level, 330 recruits shall be selected per

month, for a 6-month training course, during the first 24 months of

the mass training programme.

Candidates shall be selected in such

a way as to ensure that most recruits did not participate directly in

the armed conflict and that the proportion of former FMLN

combatants is no greater than that of former members of the

National Police, and vice versa.

COPAZ shall take special care to

ensure that these requirements are met.

g. The recruitment of officers for the executive and senior levels of

the National Civil Police shall be carried out by means of rigorous

selection, in accordance with the criteria and procedures laid down

in this Agreement, and shall fully respect the principles of equality

of opportunity among applicants and non-discrimination.

Courses

shall last a year, according to the level and manning table

concerned.

A total of 120 officers shall be trained each year.

h. Posts at the executive and senior levels shall be allocated to

graduates of the National Public Security Academy by the

Director-General according to the needs of the service.

However,

the top five students each year shall be entitled to choose from the

various vacant posts corresponding to the level of responsibility of

their studies.

i. Without prejudice to the provisions of the preceding paragraph,

zones that were traditionally conflict zones during the armed

conflict shall be the object of special treatment designed to

promote national reconciliation and stability during the transition.

Such treatment shall involve the formation of police units

comprising personnel of different origins who have graduated from

the National Public Security Academy.

The chiefs of the

corresponding delegations shall be appointed following

consultations with the advisory commission of COPAZ.

j. All personnel joining the National Civil Police in accordance with

this Agreement shall be considered to be civilians, regardless of

their origin.

E. Any other matter relating to the transitional regime which has not been

resolved by this Agreement or by other agreements already adopted by the

Parties shall be decided by COPAZ, under the terms laid down in the New

York Agreement.

2 The international cooperation referred to in these Agreements shall be coordinated by

the United Nations and shall be subject to a formal request by the Government,

compliance with the official procedures and the corresponding consultations.

3 This department shall provide support for the Juvenile Office of the Ministry of Justice.

Chapter III

Judicial System

1. National Council of the Judiciary

A. The Parties reaffirm that, as already agreed in the Mexico

Agreements, the composition of the National Council of the

Judiciary shall be such as to guarantee its independence from the

organs of the State and from political parties and its membership

shall, as far as possible, include not only judges but also sectors of

society not directly connected with the administration of justice.

In

accordance with the New York Agreement, they refer the matter to

COPAZ to prepare the corresponding preliminary legislative draft.

B. Judicial Training School

a. Pursuant to the Mexico Agreements, the preliminary draft

referred to in the preceding paragraph shall include

provisions regulating the Judicial Training School, which

shall function under the responsibility of the National

Council of the Judiciary and whose purpose shall be to

ensure a steady improvement in the professional training of

judges and other judicial officials and of members of the

Office of the Attorney-General of the Republic;

to

investigate the country's judicial problems and promote

solutions thereto;

and to foster greater bonds of solidarity

among members of the judiciary and a coherent overall

vision of the function of the judiciary in a democratic State.

b. The rules for the administration and organization of the

Judicial Training School shall be such as to ensure its

academic independence and its openness to the various

schools of legal thought.

2. Office of the National Counsel for the Defence of Human Rights

A. The National Counsel for the Defence of Human Rights shall be

appointed within 90 days following the entry into force of the

constitutional reform resulting from the Mexico Agreements.

B. COPAZ shall be entrusted with preparing the preliminary bill

organizing the Office of the National Counsel for the Defence of

Human Rights.

C. The preliminary bill shall establish appropriate means for putting

into effect the firm commitment assumed by the Parties in the

course of the negotiations to identify and eradicate any groups

which engage in a systematic practice of human rights violations,

in particular, arbitrary arrests, abductions and summary executions,

as well as other attempts on the liberty, integrity and security of

persons.

This includes the commitment to identify and, where

appropriate, abolish and dismantle any clandestine jail or place of

detention.

In any event, the Parties agree to give top priority to the

investigation of such cases, under ONUSAL verification.

Chapter IV

Electoral System

The Parties reaffirm their commitment, made in the Mexico Agreements, to

promote a comprehensive proposal for reform of the electoral system.

To that end,

they request COPAZ to appoint the Special Commission envisaged for that

purpose in the Mexico Agreements.

That Commission shall study the preliminary

draft amendments to the Electoral Code submitted to the Legislative Assembly by

the Central Board of Elections, as well as any proposals put forward by its

members or by independent experts invited for that purpose.

The Special

Commission shall organize its work in such a way that the results can be used

within the time-limits set for the reform of the electoral system.

Chapter V

Economic and Social Questions

1. Preamble

One of the prerequisites for the democratic reunification of Salvadorian society is the

sustained economic and social development of the country.

At the same time,

reunification of Salvadorian society and a growing degree of social cohesion are

indispensable for fostering development.

Hence, the set of agreements required to put a

definitive end to the armed conflict in El Salvador must include certain minimum

commitments to promote development for the benefit of all sectors of the population.

In accordance with the New York Agreement, the issues covered by this instrument are:

the agrarian problem, loans to the agricultural sector, measures required to alleviate the

social cost of structural adjustment programmes, appropriate procedures for direct

external cooperation designed to encourage community development and assistance

projects, establishment of a forum for economic and social consultation and the National

Reconstruction Plan.

Also, although the general philosophy or orientation of the

Government's economic policy, which FMLN does not necessarily share, is not covered

by this Agreement, both Parties agree on the need to provide certain basic guidelines so

as to ensure the requisite social stability during the transitional period, consolidate peace

and make progress towards the reunification of Salvadorian society.

2. The agrarian problem

A. Lands in excess of the constitutional limit of 245 hectares

The Government of El Salvador shall transfer rural farmland that has not

yet been transferred under articles 105 and 267 of the Constitution of the

Republic.

It likewise undertakes to ensure that implementation of the relevant

constitutional requirements is not evaded by owners of rural holdings in

excess of 245 hectares.

B. State-owned lands which are not currently part of a forestry reserve

The Government of El Salvador shall transfer to beneficiaries of the

agrarian reform, as provided in article 104 of the Constitution, Stateowned

rural farmland which is not part of a forestry reserve.

Under the various land-transfer programmes which the Government of El

Salvador is carrying out with State-owned farmland, preference shall be

given to former combatants of both Parties who so request voluntarily, are

of peasant origin and familiar with farming, and possess no land of any

kind.

The size of the lots shall be determined by the amount of land

available, as mentioned above, and the number of beneficiaries who meet

the conditions set out in this section.

C. Lands offered for sale to the State

Making use of the legal, technical and financial resources available to it,

the Government of El Salvador shall seek to acquire and transfer through

the Land Bank lands voluntarily offered for sale by their owners.

Once the

said lands are acquired, they shall be transferred to beneficiaries of the

agrarian reform.

D. Recipients of lands transferred in accordance with the preceding sections

The lands acquired under sections A, B and C of this chapter shall be used

to satisfy the need for land of landless peasants and small farmers.

Specifically, title to the land shall be transferred legally to the peasants

and small farmers designated by law as beneficiaries of the agrarian

reform.

E. Payments for land

The lands referred to in the preceding sections shall be transferred at

market prices and on the same credit terms as are granted to beneficiaries

of the reformed sector.

At the same time, a system of payments may be

established on the basis of a fixed price and long-term financing at low,

fixed interest rates not subject to interest capitalization.

Domestic credit

shall be supplemented with financing from international cooperation, for

which a special fund, financed from external resources, shall be

established for the purchase of land.

F. New legislation

Since the current agrarian legislation is haphazard, contradictory and

incomplete, the Parties agree that it must be harmonized and unified into

an agrarian code.

To this end, the Government shall submit the relevant

draft legislation to the Legislative Assembly no later than 12 months after

the signing of this Agreement.

If it fails to do so, COPAZ shall take on the

task of preparing the corresponding preliminary draft.

3. Lands within conflict zones

A. The land-tenure system in conflict zones

In accordance with the New York Agreement, the current land-tenure

situation in conflict zones shall be respected until a satisfactory legal

solution for the definitive land-tenure system is arrived at.

Consequently,

landholders shall not be evicted pending agreement on such a solution;

moreover, they shall be given financial support to increase agricultural

production.

In view of the irregularity of the land-tenure system in conflict zones, the

Parties agree on the following:

B. Determination as to who are the "current landholders"

"Landholders" shall mean those currently occupying and/or working the

land in conflict zones.

C. Inventory of cases covered by this part of the Agreement

Within 30 days from the signing of the Agreement, FMLN shall submit an

inventory of land or buildings affected by the Agreement.

Upon

verification that such land or buildings are in fact subject to the provisions

of this Agreement, and in accordance with the procedure set forth in the

next section, the Government of El Salvador shall seek to provide a

satisfactory legal solution for their final disposal through the voluntary

sale of such property by the rightful owners to the current holders, on the

terms referred to in section 3 (F) of this chapter.

Should a rightful owner not wish to sell his property, the Government of

El Salvador shall make use of the legal mechanisms at its disposal to try to

resettle the peasants or small farmers on such land as may be available for

the purpose and shall, as far as possible, seek to ensure that such land is

situated in the same zones.

D. Establishment of a Special Commission

COPAZ shall appoint a special commission whose members shall be of

recognized integrity and ability.

The special commission, to be formed

within 20 days following the signing of this Agreement, shall be entrusted

with the following tasks and duties:

a. To verify the inventory of affected land or buildings within conflict

zones.

Once the inventory has been verified, the special

commission shall submit copies to the Government of El Salvador

and to COPAZ;

b. Should the need arise, to facilitate the settlement of disputes

between current holders and rightful owners;

c. To take any decisions and measures it deems necessary and proper

for the prompt and effective fulfilment of the agreements set forth

in this chapter.

E. Legalization of land tenure

Except for particularly complex cases, the Government of El Salvador

shall legalize the land-tenure situation in conflict zones definitively within

six months from the signing of the cease-fire agreement, granting, as

appropriate, individual or collective title to the land.

F. Payment for lands

Lands shall be purchased from their former owners at market prices.

The

sale to the current holders shall be subject to the same conditions as those

granted to beneficiaries of the reformed sector.

However, special

conditions may be agreed to in the interests of the peace process.

G. Verification by COPAZ

COPAZ shall guarantee fulfilment of the agreements set forth in sections 2

and 3.

4. 3 July 1991 agreement on occupied lands

The agreement on occupied lands between the Government of El Salvador and peasant

organizations shall be respected.

With regard to lands occupied illegally after the date of that agreement, the Government

of El Salvador gives notice that it reserves the right to enforce the relevant legal

provisions so as to ensure that the rule of law prevails.

FMLN holds that the agrarian

problem, including land occupations, should be dealt with through consultation and the

channels and mechanisms provided by the peace agreements.

5. Loans to the agricultural sector and to micro- and small-scale enterprise

A. Loans to the sector as a whole

The Government of El Salvador shall see to it that the national financial

system has the resources it needs to meet the demand for credit of the

agricultural sector in general and of micro- and small-scale enterprise and

small-scale peasant production, including cooperatives in the reformed

and the non-reformed sector, in particular.

It shall also establish rules governing loans for agricultural and industrial

production so that such loans are granted in a timely manner and in

amounts sufficient to sustain productive capacity and the marketing of the

goods produced.

To that end, it shall promote an increase in loans by the

commercial banking system to small businessmen and small-scale

enterprises.

B. Active involvement of target sectors

The Government also undertakes to permit and promote the active

involvement of target sectors in both the design and the administration of

special credit programmes for those sectors.

To that end, the Government

undertakes to increase the participation of organizations representing the

sectors referred to in the preceding section in developing policies of the

Agricultural Guarantee Fund, FIGAPE, FEDECREDITO and BFA, and to

ensure that the financial position of these institutions remains sound and

that they become conduits for channelling external resources into loans for

micro- and small-scale enterprise, small-scale peasant production and

cooperatives in both the reformed and the non-reformed sector.

C. Technical assistance

The Government of El Salvador shall design and promote new

programmes of technical assistance to help increase the productivity of

peasant farmers and smallholders, especially in conflict zones.

D. International cooperation for the agricultural sector

Given the increase in the demand for agricultural credit that will follow

the signing of the Peace Agreement, the Government of El Salvador

undertakes to seek additional external resources to cover the new needs of

the sector.

In this connection, the Government shall seek external financial

resources to increase the operations of the Agricultural Guarantee Fund as

a mechanism for facilitating lending to small- and medium-sized farmers

and their cooperatives, without adversely affecting the financial health of

lending institutions.

6. Measures to alleviate the social cost of structural adjustment programmes

A. Consumer protection

The Government of El Salvador undertakes to adopt policies and create

effective mechanisms for consumer protection in accordance with the

requirements set out in the last part of article 101, paragraph 2, of the

Constitution.

In order to comply with this constitutional requirement, the

Government undertakes to submit to the Legislative Assembly, within 60

days from the signing of this Agreement, a consumer protection bill

providing for the strengthening of the Ministry of Economic Affairs,

which could be a first step towards the establishment of an Office of

Consumer Protection Advocate (Procuraduría General de Defensa del

Consumidor).

B. Privatization

The policy of privatization shall increase society's share of ownership by

affording workers access to ownership of privatized companies.

It shall

also avoid monopolistic practices, while guaranteeing business freedom

and consumer protection, in accordance with the provisions of article 110

of the Constitution.

C. Social welfare programmes

The Government of El Salvador shall seek to strengthen existing social

welfare programmes designed to alleviate extreme poverty.

Additional

external resources shall be sought for this purpose.

7. Procedures for direct external cooperation for community development and assistance

projects

The Government of El Salvador shall facilitate private direct external cooperation for

community development and assistance projects, provided that assistance is channelled in

accordance with foreign exchange and lending regulations.

Official direct external

cooperation may also be approved, subject to the provision of the requisite information

on the purposes of such cooperation.

The Government shall grant legal and institutional facilities to private sources of direct

external cooperation benefiting communities, social organizations and national nongovernmental

organizations:

it shall not discriminate among the latter, provided that it is

ascertained that they are engaged in or wish to engage in integrated development projects.

Former combatants of both Parties shall have access to external cooperation funds.

8. Forum for economic and social consultation

A. Purpose of the Forum

A forum shall be established in which representatives of the Government,

labour and the business community shall participate on an equal footing

for the purpose of working out a set of broad agreements on the economic

and social development of the country for the benefit of all its inhabitants.

The consultation process shall be a sustained effort and shall be conducted

in phases, bearing in mind that the aim is to reach some agreements that

are to be implemented immediately to achieve stabilization, others that are

designed to tackle the economic and social problems that will ensue from

the end of the conflict and still others that are geared specifically to

reconstruction.

Among other things, the Government shall propose to the Forum for

Economic and Social Consultation that existing labour legislation be

revised in order to promote and maintain a climate of harmonious labour

relations, without prejudice to the unemployed and the public at large.

It

shall also propose that the situation of disadvantaged urban and outlying

urban communities be analysed with a view to proposing solutions to

problems resulting from the armed conflict of recent years.

In general

terms, the Forum shall be the mechanism for agreeing on measures to

alleviate the social cost of the structural adjustment programme.

B. Establishment of the Forum

COPAZ shall convene the Forum for Economic and Social Consultation

for the first time no later than one month after the signing of this

Agreement.

C. Composition of and representation in the Forum

The composition of the Forum and the representation in it of the various

sectors and the Government shall be as follows:

a. The Government of El Salvador shall be represented at a high

level, its representatives being empowered to take decisions on

economic and social matters;

b. The most representative labour and business organizations shall be

invited to represent those sectors.

In addition, the Forum may invite other social and political sectors

to participate in its work as observers, on terms to be determined

by it.

D. Powers of the Forum

The Forum shall determine its own operational structure and the issues for

discussion and consultations.

The sectors represented in the Forum shall

have equal rights and shall enjoy equal opportunities for expressing their

views.

In order to guarantee the effectiveness of the agreements reached by the

Forum by consensus, the Government undertakes to issue, amend or repeal

decrees or provisions within its sphere of competence and to submit

relevant proposals to the other organs of State.

E. Secretariat of the Forum

The Forum shall appoint a secretariat to provide it with technical support

and ensure the continuity of its work.

9. National Reconstruction Plan

Within 30 days from the signing of the agreement on the cessation of the armed conflict,

the Government of El Salvador shall submit to FMLN the National Reconstruction Plan

which it has drawn up, so that the recommendations and suggestions of FMLN, like those

of the various sectors of national life, may be taken into account, ensuring that the Plan

reflects the country's collective wishes.

The main objectives of the Plan shall be the integrated development of zones affected by

the conflict, satisfaction of the most immediate needs of the population hardest hit by the

conflict and of former combatants of both Parties, and the reconstruction of damaged

infrastructure.

In particular, in the context of the corresponding national programmes,

measures shall be taken to facilitate the reintegration of FMLN into the country's civil,

institutional and political life, including fellowship, employment and pension

programmes, housing programmes and programmes for starting up new businesses.

The Plan shall pay special attention to the need to promote job creation on a massive

scale and to increase the production of basic foodstuffs, which shall be a priority for the

State.

To that end, the Government shall promote the integrated development of

agricultural, stockbreeding, fisheries, forestry and agro-industrial activities, guarantee the

provision of basic social services and launch the construction and rehabilitation of

economic and social infrastructures.

The National Reconstruction Plan shall also include

programmes for the war-disabled and the relatives of victims among the civilian

population.

Given the magnitude of the additional resources that will be required for the

implementation of the Plan, both Parties appeal to the international community to lend its

fullest support to the fund-raising effort.

To this end, a national reconstruction fund shall

be established, to be supported by the United Nations Development Programme.

The role of UNDP shall include advising the Government on all matters relating to the

mobilization of external support, assisting in the preparation of projects and programmes

likely to attract such support, facilitating approaches to official bilateral and multilateral

agencies, mobilizing technical assistance and cooperating with the Government in

harmonizing the Plan with the activities of non-governmental organizations involved in

local and regional development activities.

Chapter VI

Political Participation by FMLN

The following agreements have been reached concerning political participation by

FMLN, and shall be subject to the implementation timetable contained in this Agreement:

1. Adoption of legislative or other measures needed to guarantee former

FMLN combatants the full exercise of their civil and political rights, with

a view to their reintegration, within a framework of full legality, into the

civil, political, and institutional life of the country.

2. Freedom for all political prisoners.

3. Full guarantees and security for the return of exiles, war-wounded and

other persons currently outside the country for reasons related to the

armed conflict.

4. Granting of licences for FMLN mass media.

5. Cessation of the armed conflict implies the commitment and the right of

FMLN to full political participation, without any restrictions other than

those deriving from the new institutional and legal framework established

by the agreements reached during the negotiations.

6. Legalization of FMLN as a political party, through the adoption of a

legislative decree to that end.

7. Guarantee that FMLN will be able to conduct its activities normally when

it becomes a political party, meaning:

a. Freedom to canvass for new members;

b. The right to set up an appropriate infrastructure (premises, printing

works, etc.);

c. Free exercise of the right of assembly and mobilization for FMLN

leaders, activists and members;

d. Freedom for FMLN to purchase and use advertising space in the

mass media.

8. Legal solution to the participation of FMLN members in COPAZ, once the

latter formalizes its existence.

9. Special security measures

Immediately after the signing of this Agreement, special security measures

shall be taken to protect any FMLN leaders who may require such

protection.

The aforesaid measures, which may include their being

accompanied by diplomatic personnel and also technical support from

friendly Governments, shall offer all the facilities required for FMLN

leaders to be able to organize their own security in accordance with the

law. COPAZ shall supervise the arrangements agreed to herein and shall,

if necessary, promote the adoption of the relevant legislative or other

provisions to ensure that such security measures are fully effective and

properly established.

As part of its responsibility for the security of FMLN

leaders, the Government of El Salvador shall provide the necessary

facilities for implementing the agreed arrangements.

ONUSAL shall

verify the adoption of the above measures.

Chapter VII

Cessation of the Armed Conflict

1. The cessation of the armed conflict (hereinafter referred to as the CAC) is a brief,

dynamic and irreversible process of predetermined duration which must be implemented

throughout the national territory of El Salvador.

During the CAC, there shall be no

substantive negotiations but only the measures necessary to put into practice the

agreements reached during the negotiating process.

2. The CAC shall begin on 1 February 1992 (hereinafter referred to as D-Day) and shall

be completed on 31 October 1992.

3. The CAC consists of four elements, as defined herein:

a. The cease-fire;

b. The separation of forces;

c. The end of the military structure of FMLN and the reintegration of its

members, within a framework of full legality, into the civil, political and

institutional life of the country;

d. United Nations verification of all the abovementioned activities.

This chapter also includes agreements on the restoration of public administration in

conflict zones and the use of the mass media to promote reconciliation (see annexes E

and F).

The cease-fire

4. The cease-fire shall enter into force officially on D-Day.

5. As of that date, each of the parties shall, as appropriate, refrain from carrying out any

hostile act or operation by means of forces or individuals under its control, meaning that

neither party shall carry out any kind of attack by land, sea or air, organize patrols or

offensive manoeuvres, occupy new positions, lay mines, interfere with military

communications or carry out any kind of reconnaissance operations, acts of sabotage or

any other military activity which, in the opinion of ONUSAL, might violate the ceasefire,

or any act that infringes the rights of the civilian population.

6. Official verification of compliance with the undertaking described in the preceding

paragraph shall begin on D-Day.

Any alleged violation of the cease-fire shall be

investigated by ONUSAL.

7. During the period between the signing of this Agreement and D-Day, the two parties

shall observe an informal cease-fire under which they undertake not to carry out any of

the activities described in paragraph 5.

8. ONUSAL shall deploy its personnel and equipment during the informal cease-fire

period, so as to be able to verify all aspects of the CAC as of D-Day.

Separation of forces

9. The purpose of the separation of forces is to reduce the risk of incidents, to build trust

and to allow ONUSAL to verify both parties' compliance with this Agreement.

10. The separation of forces shall take place in two stages, so that the Salvadorian armed

forces (FAES) fall back progressively from their present positions until deployed as they

would normally be in peacetime and the FMLN forces are concentrated progressively in

designated locations within conflict areas as determined in annex D.

11. During the first stage, which shall coincide with the five days following D-Day,

FAES land forces shall go to the barracks, bases, existing semi-permanent facilities and

other locations listed in annex A and FMLN forces, except for the combatants mentioned

in paragraph 18, shall go to the places listed in annex B. The places listed in annexes A

and B generally reflect the present deployment of the two parties' forces.

12. The movements described in the preceding paragraph shall be made under the

supervision of ONUSAL.

Neither party shall do anything to prevent or jeopardize the

movement of the other party's forces during this period.

ONUSAL military observers

shall closely supervise all the places listed in annexes A and B and shall in principle be

present 24 hours a day in each of those places as of D-Day.

13. During the period between D-Day + 6 days and D-Day + 30 days, FAES land forces

shall fall back to their peacetime positions as listed in annex C and FMLN forces, except

for the combatants mentioned in paragraph 18, shall fall back to the locations indicated in

annex D. The precise designation of such locations shall be determined by the ONUSAL

Chief Military Observer, in consultation with the two parties, during the informal ceasefire

period.

14. The movements described in the preceding paragraph, which shall also be supervised

by ONUSAL, shall be carried out according to phased programmes agreed between the

ONUSAL Chief Military Observer and the two parties during the informal cease-fire

period, through the joint working group to which reference is made in paragraph 32.

During this task, the group shall be guided as appropriate by the agreed timetable for the

implementation of the agreements reached.

15. As soon as possible after the signing of this Agreement but no later than two weeks

before D-Day, the FAES shall transmit to the ONUSAL Chief Military Observer detailed

information on the number of their troops and weapons to be concentrated in the places

listed in annex A.

16. As soon as possible after the signing of this Agreement but no later than two weeks

before D-Day, FMLN shall supply the ONUSAL Chief Military Observer with detailed

information on its troop strength and inventories of arms, ammunition, mines, other

explosives and military equipment located anywhere within the national territory.

These

arms, etc.

shall be concentrated in the places listed in annex B, with the exception of

those of its clandestine forces, which shall be concentrated in the places listed in annex D

during the second stage of the separation of forces.

17. Upon completion of the first stage of the separation of forces, that is, as of D-Day + 6,

ONUSAL shall verify that all troops and military equipment declared by the parties, other

than the arms, etc.

referred to in the last sentence of the preceding paragraph, have been

concentrated in the locations listed in annexes A and B. ONUSAL shall investigate any

report or allegation of the presence of troops or military equipment in any place other

than those locations, apart from the movements authorized in paragraphs 20-22.

18. The arrangements just described relate to FAES land forces and FMLN forces as

defined in paragraph 11.

Although it is not possible, for practical reasons, to arrange a

similar separation of clandestine forces, the latter shall remain fully subject to the

undertaking to refrain from carrying out any hostile act or operation.

As provided in

paragraph 6, any alleged violation of this undertaking shall be investigated by ONUSAL.

19. As of D-Day, the naval and air force components of the FAES shall refrain from

carrying out any offensive operation.

They shall carry out only such non-hostile missions

as are necessary for the discharge of their duties unrelated to the armed conflict.

ONUSAL shall be advised in advance of all military flight plans.

Such flights shall not be

carried out over places where FMLN forces have been concentrated.

20. During the CAC period, ONUSAL liaison officers shall be posted in FAES units,

bases and barracks to coordinate in advance the movements of FAES forces throughout

the national territory and to verify that such movements will neither violate the cease-fire

nor jeopardize in any other way the process of implementing this Agreement.

21. With special reference to FAES forces deployed near places where there are FMLN

forces, in other words, those listed in appendix 1 to annex A and those listed in appendix

1 to annex C, the Government agrees that such forces shall be authorized to leave their

locations only with the consent of ONUSAL and for the following purposes:

a. To carry out troop rotations and relief;

b. To carry out liaison and coordination activities between commands at

battalion level and above;

c. To deliver logistical supplies;

d. To take part in programmes for the deactivation, removal and destruction

of mines;

e. To go on leave or seek medical care or for other humanitarian reasons,

individually, in civilian clothing and unarmed.

However, ONUSAL shall not grant permission for any movement, even in the above

cases, if it believes that such movement could jeopardize the cease-fire or other aspects of

this Agreement or disturb the process of détente and reconciliation.

Forces that leave their

locations for the purposes listed in paragraphs (a), (b), (c) and (d) shall be accompanied

by ONUSAL, which shall verify that such movements are in keeping with this

Agreement.

22. Similarly, during the CAC period ONUSAL liaison officers shall be posted in the

listed locations where FMLN forces are to be concentrated in order to coordinate

movements by those forces.

FMLN agrees that its forces may leave the locations in

question only with the consent of ONUSAL and for the following purposes:

a. To carry out liaison and coordination activities between its high command

and the commands of the forces stationed at the various locations

indicated;

b. To supply provisions, clothing or vital necessities;

c. To take part in programmes for the deactivation, removal and destruction

of mines;

d. To go on leave or seek medical care or for other humanitarian reasons,

individually, in civilian clothing and unarmed.

However, ONUSAL shall not grant permission for any movement, even in the above

cases, if it believes that such movement could jeopardize the cease-fire or other aspects of

this Agreement or disturb the process of détente and reconciliation.

Forces that leave their

locations for the purposes listed in paragraphs (a), (b) and (c) shall be accompanied by

ONUSAL, which shall verify that such movements are in keeping with this Agreement.

23. ONUSAL shall verify that the supplies delivered to each party do not include lethal

articles.

However, the FAES shall be allowed to maintain stocks of ammunition normal

for peacetime.

The mechanisms for such verification shall be established by the

ONUSAL Chief Military Observer in consultation with the two parties.

24. During the cease-fire, COPAZ shall systematically evaluate the progress being made

in implementing the Agreements.

If it notes that a situation is developing which might

result in a crisis, it shall draw such conclusions and make such recommendations as may

be necessary to prevent a collapse of the cease-fire or a crisis of public order.

It shall

transmit its conclusions and recommendations to the Chief of ONUSAL.

25. Should a public order crisis occur despite the above provisions and if the normal

means for the maintenance of domestic peace and public security have been exhausted,

with the result that the President of the Republic deems it necessary to make use of the

exceptional measures provided for in the amendment to article 168 (12) of the

Constitution adopted in April 1991, the President shall, before giving the relevant order,

inform the Chief of ONUSAL to enable him to make any appropriate remarks.

The

actions of the FAES under such circumstances shall be monitored closely by ONUSAL to

ensure that they are consistent with all the peace Agreements.

End of the military structure of FMLN and reintegration of its members, within a

framework of full legality, into the civil, institutional and political life of the country

26. Between D-Day + 6 and D-Day + 30, according to the phased programmes referred to

in paragraph 14, FMLN shall concentrate in the 15 designated locations listed in annex D

all arms, ammunition, mines, other explosives and military equipment belonging to its

forces, both those concentrated during the first stage in the places listed in annex B and

those belonging to its clandestine forces, and ONUSAL shall verify that they tally with

the information given in the inventories it has received in accordance with paragraph 16.

27. In each of the 15 designated locations, all the arms and equipment mentioned above,

save for the personal weapons and equipment of combatants present in the place, shall be

kept in locked warehouses.

Each warehouse shall have two locks, one key to which shall

be kept by ONUSAL and the other by the FMLN commander in the place.

ONUSAL

shall verify the contents of such warehouses periodically to ensure that there has been no

change in them.

28. During the CAC period, FMLN members shall keep their personal weapons and

equipment as long as they remain in the designated locations.

When they leave those

places in order to be reintegrated, within a framework of full legality, into the civil,

political and institutional life of the country, their personal weapons shall also be

deposited in the locked warehouses referred to in the preceding paragraph.

Combatants

who are still in the designated locations when the programme for the destruction of arms,

etc. provided for in the next paragraph begins, shall deposit their personal weapons and

equipment in the locked warehouses, for verification by ONUSAL, immediately prior to

their destruction according to a programme agreed with ONUSAL.

29. Between 15 and 31 October 1992, FMLN shall destroy all arms and equipment

deposited in designated locations according to the arrangement described above, in the

presence and under the sole supervision of ONUSAL and with its technical advice.

Such

destruction shall be carried out simultaneously in all 15 places designated for FMLN.

FMLN shall dispose of the remains of the destroyed weapons.

United Nations verification

30. The numbers of ONUSAL military and civilian personnel shall be increased to enable

it to fulfil its tasks related to the agreed processes, as described in this Agreement.

31. The Secretary-General shall request the Security Council to approve this increase in

the mandate and personnel of ONUSAL.

He shall also request the General Assembly to

provide the necessary funding from the budget.

The composition by country of the

military component of ONUSAL and the appointment of the commander of its military

division shall be decided by the Security Council on the recommendation of the

Secretary-General, who shall first consult with the two parties.

In order to fulfil its new

tasks effectively, ONUSAL will require, as in the other aspects of its mandate, complete

freedom of movement throughout the territory of El Salvador.

32. To facilitate the application of this Agreement, a joint working group shall be set up

immediately after the Agreement has been signed.

The working group shall consist of the

ONUSAL Chief Military Observer, as Chairman, and one representative from each of the

parties.

The members of the working group may be accompanied by the necessary

advisers.

The Chairman of the working group shall convene its meetings on his own

initiative or at the request of either or both of the parties.

Chapter VIII

United Nations Verification

1. The United Nations shall verify compliance with this Agreement and with

the San José, Mexico City and New York Agreements of 26 July 1990, 27

April 1991 and 25 September 1991, respectively, with the cooperation of

the Parties and of the authorities whose duty it is to enforce them.

2. The international cooperation referred to in this Agreement shall be

coordinated by the United Nations and shall be subject to a formal

application by the Government, compliance with official formalities and

the appropriate consultations.

Chapter IX

Implementation Timetable

1. Copaz

1.1 Submission to the Legislative Assembly of the preliminary bill formalizing

COPAZ:

A+8 at the latest.

1.2 Establishment:

D-day.

Armed Forces

2.1 Ratification of the constitutional reform

2.1.1 Ratification by the Legislative Assembly:

between A- and D-days.

2.1.2 Publication:

D + 15 at the latest.

2.2 Educational system

2.2.1 Determination of the number of members and submission by COPAZ of the lists of

three candidates for the appointment of civilian members of the Academic Council

of the Military College:

D+90.

2.2.2 Designation of the Academic Council of the Military College:

D+100 at the latest.

2.2.3 Designation of the teaching staff:

between D+120 and D+180.

2.2.4 Reforms in the educational system:

D+210 at the latest.

2.2.5 Determination of the admissions system by the Academic Council:

D+210 at the

latest.

2.3 Purification

2.3.1 Issuance of the agreement giving legal form to and formalizing the ad hoc

Commission:

A+5.

2.3.2 Establishment of the ad hoc Commission:

D+105.

2.3.3 Result of the evaluation:

D+195.

2.3.4 Corresponding administrative decisions:

D+225.

2.3.5 Implementation:

D+255.

2.4 Reduction

The Government of El Salvador has submitted to the Secretary-General of the

United Nations the timetable for implementing the reduction plan referred to in

section 4 of chapter I of this Agreement.

The Secretary-General has made the

timetable known to FMLN.

The United Nations shall verify compliance with that

timetable.

2.5 Public security forces:

abolition of the Treasury Police and the National Guard as

public security forces and transfer of their members to the army:

D+30.

2.6 State intelligence

2.6.1 Dissolution of the National Intelligence Department:

D+135 at the latest.

2.6.2 Creation of the State Intelligence Agency:

D+30 at the latest.

2.6.3 Designation of the Director:

D+45 at the latest.

2.6.4 Launching of the evaluation of NID staff:

D+60.

2.7 Rapid deployment infantry battalions (BIRI)

The following statement is made with regard to the rapid deployment infantry

battalions in the relevant part of the timetable for implementing the reduction plan

mentioned in paragraph 2.4 of this chapter:

"The demobilization of the BIRIs shall begin in the third week of the sixth month and

shall last four weeks.

Once the demobilization has begun, the battalions shall be

considered to have lost their offensive battle capability.

"The BIRIs shall be demobilized as detailed below:

6th month:

General Ramón Belloso BIRI

7th month:

Atonal BIRI

8th month:

Atlacatl BIRI

9th month:

General Eusebio Bracamonte BIRI

10th month:

General José Manuel Arce BIRI."

2.8 Paramilitary bodies

2.8.1 Civil defence

2.8.1.1 Registration and location:

D+60 at the latest.

2.8.1.2 Disarming:

D+120 at the latest.

2.8.1.3 Total disbanding:

D+150 at the latest.

2.8.2 System of armed forces reserves

2.8.2.1 Submission to the Legislative Assembly of the preliminary bill on

military service and armed forces reserves:

D+60 at the latest.

2.8.2.2 Promulgation of the law on the new system of military service and

armed forces reserves:

D+90 at the latest.

2.8.2.3 Replacement of territorial service by a new system of armed forces

reserves:

D+120 at the latest.

2.8.3 Private security services:

Submission of the preliminary bill to the Legislative

Assembly:

D+45 at the latest.

2.9 Suspension of forcible recruitment

2.9.1 Implementation of the suspension:

D-day.

2.9.2 Wide publicity in all the media, especially radio:

as of D-day.

2.9.3 Submission to the Legislative Assembly of the preliminary bill on military service

and armed forces reserves:

D+60 at the latest.

2.9.4 Promulgation of the law:

D+90.

2.10 Preventive and promotional measures

2.10.1 Organization of the Armed Forces General Inspectorate:

D+90 at the latest.

2.10.2 Functioning of the armed forces court of honour:

as of D+255.

2.10.3 Submission to the Legislative Assembly of the preliminary draft amendments to

the law on unlawful enrichment:

D+90.

2.10.4 Suspension of the issuance of licences to private individuals to bear weapons that

are for the exclusive use of the armed forces:

A-day.

2.10.5 Cancellation of licences for private individuals to bear weapons that are for the

exclusive use of the armed forces:

D+30 at the latest.

2.10.6 Recall of such weapons:

between D+30 and D+270.

2.10.7 Dissemination of the doctrine of the armed forces:

as of D+30.

2.10.8 Adaptation of the legislation on the armed forces:

between D-day and D+270.

3. National Civil Police

3.1 Submission to the Legislative Assembly of the preliminary bill organizing the

National Civil Police:

D+20.

3.2 Submission to the Legislative Assembly of the preliminary bill organizing the

National Public Security Academy:

between A- and D-days.

3.3 Appointment of the Coordinator:

before D-day.

3.4 Submission by COPAZ of the list of three candidates for the post of Director-

General of the National Civil Police:

D+20 at the latest.

3.5 Appointment of the Director-General of the National Civil Police:

D+30 at the

latest.

3.6 Submission by COPAZ of the list of three candidates for the post of Director-

General of the National Public Security Academy:

D+5.

3.7 Determination of the number of members and submission by COPAZ of the lists of

three candidates for appointments to the Academic Council of the National Public

Security Academy:

D+5.

3.8 Appointments of the Director and of the members of the Academic Council of the

National Public Security Academy:

D + 15.

3.9 Designation of the COPAZ subcommission for the National Civil Police:

D-day at

the latest.

3.10 Design of the publicity campaign for recruitment:

D+10 at the latest.

3.11 Launching of the publicity campaign for recruitment:

D+15 at the latest.

3.12 Design of the aptitude test for former members of the National Police and former

FMLN combatants:

D+30 at the latest.

3.13 Organization of courses for this test:

D+45 at the latest.

3.14 Evaluation of former members of the National Police:

from D+30 until the end of

the transitional period.

3.15 Aptitude and skills test:

D+80 at the latest.

3.16 Introduction of the admissions system for the National Public Security Academy:

D+80 at the latest.

3.17 Formation of boards of examiners:

D+60 at the latest.

3.18 Admission of the first group of candidates:

D+90 at the latest.

3.19 Start of courses at the National Public Security Academy:

D+90 at the latest.4

3.20 Establishment of the entire functional structure of the National Civil Police:

D+240.

3.21 Elimination of structures incompatible with the Finance Division of the National

Civil Police:

D+240.

3.22 Launching of the territorial deployment of the National Civil Police:

D+270 at the

latest.

3.23 Completion of the territorial deployment of the National Civil Police:

21 months

from the start of territorial deployment.

3.24 End of the transitional regime for the National Civil Police and of the functions of

the National Police:

2 years after the start of territorial deployment.

3.25 Expiry of the possible requirement to live in barracks:

31 December 1992.

4. Judicial System

4.1 National Council of the Judiciary:

4.1.1 Submission to the Legislative Assembly of the preliminary draft

amendments to the law:

D+60 at the latest.

4.1.2 Adoption of the new law:

D+90.

4.1.3 Election and establishment:

at the latest, +90 after the adoption of the

new law.

4.2 Judicial Training School:

at the latest, +180 after the establishment of the National

Council of the Judiciary.

4.3 Formation of lists of candidates for the National Council of the Judiciary:

April

1994.

4.4 Judicial career:

submission to the Legislative Assembly of a preliminary draft for

legal reform:

D+90 at the latest.

4.5 Military jurisdiction:

submission to the Legislative Assembly of a preliminary draft

for legal reform:

D+90 at the latest.

4.6 Office of the National Counsel for the Defence of Human Rights:

4.6.1 Submission to the Legislative Assembly of a preliminary draft organic

law: D+60 at the latest.

4.6.2 Designation of the National Counsel:

D+30 at the latest.

5. Electoral System

5.1 Designation of the Supreme Electoral Tribunal:

D+15 at the latest.

5.2 Designation by COPAZ of the Special Commission:

D+15 at the latest.

5.3 Legal reform:

D+120 at the latest.

5.4 Full implementation of the right of legally registered parties to monitor the

preparation, organization, publication and updating of the electoral rolls:

one year

before the elections, at the latest.

5.5 Publication of the register of electors:

at least 20 days before the elections.

6. Economic and Social Questions

6.1 Submission by FMLN of the inventory of affected land or buildings within conflict

zones:

A+30.

6.2 Designation by COPAZ of a special commission:

A+20 at the latest.

6.3 Legalization of land tenure in conflict zones:

A+180 at the latest.

6.4 Submission to the Legislative Assembly of the preliminary consumer protection

bill:

A+60 at the latest.

6.5 Convening by COPAZ of the Economic and Social Forum:

A+30 at the latest.

6.6 Submission of the National Reconstruction Plan by the Government of El Salvador

to FMLN:

A+30 at the latest.

6.7 Establishment of the Reconstruction Fund:

D+60 at the latest.

6.8 Start of implementation of the agreements on loans to the agricultural sector and

for micro- and small-scale enterprise:

as of D+120.

6.9 Start of the transfer of lands in excess of 245 hectares, as of D-day.

6.10 Starting date for requests for State land by former combatants of both Parties:

D+60.

6.11 Start of the preferential transfer of land by the State to former combatants of both

Parties who have so requested and who are of peasant origin and familiar with

farming, and possess no land of any kind:

D+90.

6.12 Submission to the Legislative Assembly of the preliminary draft agrarian code:

A+12 months at the latest.

6.13 Implementation of agreements on privatization and social welfare:

as of A.

6.14 Implementation of agreements on external cooperation:

as of D-Day.

6.15 Implementation of programmes to facilitate the integration of former FMLN

combatants:

before D+60.

7. Political Participation by FMLN

7.1 Adoption of legislative or other measures to guarantee former FMLN combatants

the full exercise of their rights:

between A and D. 5

7.2 Arrangements for the security of FMLN leaders and FMLN participants in COPAZ

and other commissions:

between A and D.

7.3 Release of political prisoners:

D+30.

7.4 Promotion of the legislative decree for the legalization of FMLN as a political

party:

as of D+90.

7.5 Granting of licences for mass media:

as of D+30.

7.6 Full guarantees and security for returnees:

as of D+40.

8. Cessation of the Armed Conflict

8.1 Informal cessation of the armed conflict:

between A and D.

8.2 Establishment of the Joint Working Group:

A-day.

8.3 Launching of the reconciliation campaign:

A+1.

8.4 Transmittal by the Salvadorian armed forces to ONUSAL of detailed information

on the number of their troops and weapons to be concentrated in the places listed in

annex A:

D-7 at the latest.

8.5 Provision by FMLN to ONUSAL of detailed information on its troop strength and

inventories of arms, ammunition, mines, other explosives and military equipment

located anywhere in the national territory, and its plans for concentrating them in

the places listed in annex B:

D-7 at the latest.

8.6 Precise designation of the places to which the Salvadorian armed forces and

FMLN are to fall back:

between A and D.

8.7 First stage of the separation of forces:

between D and D+5.

8.8 Second stage of the separation of forces:

between D+5 and D+30.

8.9 Concentration by FMLN in each of the 15 designated locations, under ONUSAL

supervision, of all FMLN arms, ammunition, mines, explosives and military

equipment, including those belonging to its clandestine forces, pursuant to

paragraph 26 of chapter VII (Cessation of the Armed Conflict): between D+6 and

D+30.

8.10 Monitoring by ONUSAL of all FMLN arms, ammunition, mines, explosives and

military equipment, including those belonging to its clandestine forces, pursuant to

paragraphs 27 and 28 of chapter VII (Cessation of the Armed Conflict): as of

D+30.

8.11 Reintegration of former FMLN combatants, within a framework of full legality,

into the civil, political and institutional life of the country:

8.11.1 D+90:

No less than 20 per cent.

8.11.2 D+120:

No less than 40 per cent.

8.11.3 D+180:

No less than 60 per cent.

8.11.4 D+240:

No less than 80 per cent.

8.11.5 31 October 1992:

100 per cent.

8.12 End of the military structure of FMLN:

between 15 October 1992 and 31 October

1992.

Final Provision

The time allotted for implementing any agreements not included in this timetable,

and any adjustments to the above timetable that may be required, for any reason,

shall be decided by ONUSAL in consultation with the Parties.

Final Declaration

The Parties express their firm determination to observe scrupulously and to fulfil in

good faith all the undertakings given in this Agreement and in the other agreements

reached during the negotiating process, under the terms and through the

mechanisms provided for therein, and to cooperate with ONUSAL in its task of

verifying compliance with such agreements.

The Government of El Salvador

solemnly undertakes to work actively for the adoption of the agreed legislative

reforms in time for them to be promulgated on the envisaged dates.

Mexico City, 16 January 1992

Representing the Government of El Salvador:

Representing the Frente Farabundo Martí

para la Liberación Nacional:

(Signed) (Signed)

Mr. Oscar SANTAMARÍA Cmdr.

Schafik HÁNDAL

Col. Juan MARTÍNEZ VARELA Cmdr.

Francisco JOVEL

Gen. Mauricio Ernesto VARGAS Cmdr.

Salvador SÁNCHEZ CERÉN

Mr. David Escobar GALINDO Cmdr.

Eduardo SANCHO

Mr. Abelardo TORRES Cmdr.

Joaquín VILLALOBOS

Mr. Rafael Hernán CONTRERAS Salvador SAMAYOA

Ana Guadalupe MARTÍNEZ

María Marta VALLADARES

Roberto CAÑAS

Dagoberto GUTIÉRREZ

(Signed) Boutros BOUTROS-GHALI

Secretary-General of the United Nations

4 Both Parties recognize that this is an ambitious goal which they pledge their

political will to achieving;

however, attaining this goal depends on the optimum

operation of all the national and international factors involved, which cannot be

assured at this time.

5 It is understood that these measures will take effect in time for members of FMLN

to be able to join COPAZ and other commissions without restrictions of any kind.

It

is also understood that these legislative and other measures are broadly conceived

and do not exclude any former FMLN combatants of any kind.

Consequently, they

include arrangements for obtaining documentation and do not discriminate against

any member of FMLN.

Annex I

Outline for the drafting of the act concerning the authorization, registration and

monitoring of security groups or units for protecting the property of the State,

corporations or individuals, and private security personnel

I. Preambular Paragraphs:

1. Refer to the relevant articles and subparagraphs of the Constitution

which may have a bearing on the purposes of the act.

2. Need to regulate, coordinate and integrate these functions, setting

up a body responsible for monitoring them.

3. Develop a suitable framework for regulating the functioning of

these types of groups, units and persons who provide security

services, in relation to their role in a democratic society.

II. Articles:

1. Purpose of the act.

2. Scope:

a. Any group, unit or person providing security services to

State institutions, other public or private institutions, and

individuals;

b. The following shall be regulated according to the type of

security provided:

1. The number and type of personnel;

2. The number and type of weapons, and equipment in

general;

3. Facilities for housing security personnel, training,

and also storing weapons, ammunition and

equipment.

c. Determination of mechanisms for the monitoring and

supervision of security groups, entities and personnel by

the National Civil Police, without prejudice to the

jurisdiction of other organs and officials authorized by the

Constitution or by the law;

d. Determination of the powers and responsibilities of the

monitoring body.

3. Establishment of the judicial and legal formalities for obtaining the

necessary authorization to provide security services regulated by

this act.

4. Establishment of the regime of powers granted to such groups,

units or persons for the discharge of their functions.

5. Determination of the monitoring mechanisms to be used by the

monitoring body and of the specific requirements to be fulfilled by

such groups, units or persons:

a. Registration of firms or individuals specifically providing

security services;

b. Special requirements to be fulfilled by persons responsible

for the organization and operation of such firms;

c. Registration of the personnel of security firms;

d. Requirements and conditions for the recruitment of

personnel by such firms, and conditions to be fulfilled by

persons providing security services individually, including

evidence of their respect for human rights;

e. Registration of facilities, weapons, ammunition and

equipment.

6. Prohibitions:

Prohibit the existence or the functioning of any private armed

groups which are not regulated and which do not fulfil the

requirements established by this act.

7. Request by the monitoring body to such firms, groups or persons

for information on the type of security to be developed for the

provision of such services.

8. Establishment of the requisite procedures to enable any individual

or legal entity to obtain authorization to hire security personnel.

9. Regulations for the establishment, functioning and monitoring of

private detective agencies.

10. Determination of compliance with any special registers which may

have been established by other laws with respect to certain

necessary weapons, equipment or supplies to be used by such firms

or groups.

11. Determination of the limits on personnel, weapons, ammunition,

equipment and matériel in general, according to the type of

security to be provided, and the proportions which must exist

among them.

12. Determination of the deadlines for fulfilling the requirements set

forth in this act.

13. Issuance by the monitoring body of whatever regulations and

instructions may be necessary for carrying out the activities

regulated by this act.

14. Establishment of various penalties for failure to comply with the

provisions of this act.

15. Establishment of a transitional regime laying down peremptory

deadlines for verifying that such entities and their personnel meet

the requirements established by law for performing such functions,

as a condition of their continuing to provide such services;

surrender of weapons, ammunition and equipment not authorized

under this act;

and harmonization of juridical procedures in this

area.

16. Establishment of an evaluation mechanism which will, within two

years from this agreement, give an opinion on the advisability of

continuing to authorize the functioning of the entities in question.

17. Repeal of any laws or provisions which conflict with this act.

Annex II

Preliminary bill organizing the National Civil Police

The Legislative Assembly of the Republic of El Salvador

Whereas

In accordance with paragraph 17 of article 168 of the Constitution, it is the responsibility

of the President of the Republic:

"To command, organize and maintain the National Civil

Police to preserve peace, tranquillity, order and public security, in both urban and rural

areas, adhering strictly to respect for human rights and under the control of civilian

authorities.

The National Civil Police and the armed forces shall be independent and shall

be placed under the authority of different ministries",

The establishment of the National Civil Police must be accompanied by an act organizing

and regulating it institutionally,

Hereby Decrees

Title I

General Provisions

Article 1

The National Civil Police of El Salvador shall have the mission of protecting and

safeguarding the free exercise of the rights and freedoms of individuals, preventing and

combating all types of crimes and maintaining internal peace, tranquillity, order and

public security throughout the national territory.

There shall be no other armed police body with national jurisdiction.

Article 2

The National Civil Police shall be an armed institution which is civilian and professional

in nature and is free from all partisan activity.

Its structure and organization shall be

hierarchical, under the supreme command of the President of the Republic, who shall

exercise such command through the Minister of the Interior and Public Security and the

Vice-Minister for Public Security.

Article 3

Under the authority of the Minister and of the Vice-Minister for Public Security, the dayto-

day command of the police shall be exercised by the Director-General of Police.

The

Director-General shall direct and monitor the implementation of the public security

policy formulated by the Government.

He shall also be the supreme administrative

authority of the National Civil Police.

The Director-General of Police shall be appointed by the President of the Republic.

He

may be dismissed by resolution of the Legislative Assembly for serious violations of

human rights, as provided in the Constitution.

Article 4

Under the authority of the Director-General, the General Inspectorate of Police shall be

responsible for monitoring and supervising the activities of the operational services of the

force.

The Inspector General shall be appointed by the Director-General, in consultation with

the Attorney-General of the Republic and the National Counsel for the Defence of

Human Rights.

The General Inspectorate shall comprise a Monitoring Division, which shall have the

function of monitoring all police services, and a Disciplinary Investigation Division,

which shall have the function of investigating breaches of discipline by police officers.

Article 5

The Director-General shall be assisted by a Deputy Director-General for Operations and a

Deputy Director-General for Management.

The Deputy Director-General for Operations shall be responsible for implementing and

coordinating the activities of central divisions and departmental police delegations.

The Deputy Director-General for Management shall be responsible for implementing and

coordinating the administrative and logistical support activities of the police.

Article 6

The National Civil Police shall have the following central divisions:

Public Security;

Criminal Investigation;

Frontiers;

Finance;

Arms and Explosives;

Protection of Eminent

Persons;

Environment;

and others to be established by order of the President of the

Republic.

Chiefs of division shall be appointed by the Director-General of Police, on the

proposal of the Deputy Director-General for Operations.

In the case of the Chief of the

Criminal Investigation Division, prior consultation shall also be required with the

President of the Judiciary and the Attorney-General of the Republic.

In the case of the

Chief of the Finance Division, the prior approval of the Minister of Finance shall be

required.

Article 7

The Public Security Division shall be responsible for the maintenance of tranquillity,

order and public security.

Article 8

Under the functional control of the Attorney-General of the Republic, the Criminal

Investigation Division shall be responsible for investigating criminal acts and gathering

evidence to identify the perpetrators of such acts.

It shall also carry out investigations and

other activities within its field of competence as required by the Attorney-General of the

Republic, judges and courts.

Article 9

The Frontiers Division shall be responsible for monitoring and supervising the admission,

departure, activities and, where necessary, expulsion of aliens and the migration of

nationals and for the monitoring and supervision of public and private national airports,

without prejudice to the constitutional duty of the armed forces to defend the integrity of

the territory of the State.

Article 10

Under the functional control of the Ministry of Finance, the Finance Division shall be

responsible for preventing and combating infringements of tax law, without prejudice to

the fiscal oversight or other functions performed by that Ministry, for which it shall serve

as police support organ.

It shall have two departments:

customs and taxes.

The Finance Division shall be the only police organ with competence in the areas of

customs and taxes.

Consequently, following its entry into operation, all provisions and

structures incompatible with this principle shall cease to exist.

Article 11

The Arms and Explosives Division shall be responsible for preventing and combating

infringements of the constitutional and legal regime on the manufacture, import, export,

trading, possession and bearing of weapons, ammunition, explosives and similar articles.

Article 12

The Division for the Protection of Eminent Persons shall be responsible for protecting

and escorting senior State officials;

foreign dignitaries visiting the country;

and other

persons on the basis of decisions of the Government or of the courts;

and for guarding

public buildings and the offices of diplomatic missions or international organizations.

Article 13

Under the functional control of the Ministry of Agriculture and Livestock, the

Environment Division shall be responsible for preventing and combating crimes and

misdemeanours against the environment.

Article 14

There shall be one police delegation per department and one metropolitan delegation for

the city of San Salvador, to which all police units of the corresponding district shall

report.

The organizational structure of delegations shall be adapted to the needs and

characteristics of each department.

Chiefs of delegations shall be appointed by the Director-General of Police on the

proposal of the Deputy Director-General for Operations, who shall be their direct

supervisor.

The headquarters of delegations shall be located in departmental capitals.

Within each delegation, there shall be subdelegations and police posts as required for

local needs.

Article 15

The Office of the Deputy Director-General for Management shall be responsible for

implementing and coordinating the administrative and logistical support activities of the

police.

It shall consist of the following divisions:

Infrastructure Division;

Data-

Processing Division;

Administration Division;

Logistics Division;

Planning and Budget

Division;

and others to be established by order of the President of the Republic.

Chiefs of

division shall be appointed by the Director-General of Police, on the proposal of the

Deputy Director-General for Management.

Article 16

Ordinary courts shall be competent to try crimes committed against members of the

National Civil Police, as well as crimes committed by them, even in the exercise of their

functions.

Title II

Functions of the Police

Article 17

The functions of the National Civil Police shall be to:

1. Protect and safeguard the free exercise of the rights and freedoms of

citizens throughout the national territory.

2. Maintain internal peace, tranquillity, order and public security.

3. Prevent and combat all types of crimes.

4. Make arrests in the cases provided by law.

5. Monitor and supervise the admission, departure, activities and expulsion

of aliens and the migration of nationals and monitor and supervise public

and private national airports, without prejudice to the constitutional duty

of the armed forces to defend the integrity of the territory of the State.

6. Prevent and combat infringements of tax law, under the terms set out in

article 10.

7. Grant protection to persons and property throughout the national territory,

under the terms set out in article 12.

8. Prevent and combat infringements of the constitutional and legal regime

on the manufacture, import, export, trading, possession and bearing of

weapons, ammunition, explosives and similar articles.

9. Monitor private security entities or services.

10. Oversee passenger and goods traffic on public thoroughfares and ensure

the safety of the roads.

11. Safeguard all land, sea and air communication routes from frontiers, ports

and airports.

12. Enforce provisions relating to the protection of the environment.

13. Guard the perimeter of penitentiaries and escort prisoners and detainees.

14. Provide members of the judiciary with the support they need to enforce

their decisions.

15. Provide the Attorney-General of the Republic with the support he needs to

investigate crimes and, in particular, criminal acts which must be subject

to criminal jurisdiction.

16. Provide the National Counsel for the Defence of Human Rights with the

support he needs to discharge his duties.

17. Compile and classify data for the preparation of national crime statistics.

18. Assist citizens in cases of public disaster.

19. Participate in any social, civic, cultural or educational programmes which

the Government may order through the Minister or Vice-Minister.

20. Any other functions which may be assigned to it by law.

For the purpose of exercising the powers mentioned in subparagraphs 14, 15 and 16 of

this article, the Director-General of Police shall detach the necessary police officers at the

request of the judge, the Attorney-General of the Republic or the National Counsel for

the Defence of Human Rights, as the case may be.

In such circumstances, the officers

thus detached shall remain within the organizational structure of the National Civil

Police, but shall be under the functional authority of the judge, the Attorney-General of

the Republic or the National Counsel for the Defence of Human Rights, as the case may

be. The request or authorization of the latter authorities shall be essential in order to

release such officers from the duties thus entrusted to them.

Article 18

The exercise of police functions shall be subject to the following code of conduct:

1. Members of the National Civil Police shall at all times observe the duties

imposed on them by law, serving the community and protecting all

persons from illegal acts, in keeping with the high degree of responsibility

required by their profession.

2. In the performance of their tasks, members of the National Civil Police

shall respect and protect human dignity and shall preserve and defend the

human rights of all persons.

3. Questions of a confidential nature of which members of the National Civil

Police have knowledge shall be kept secret, unless compliance with duty

or the needs of justice strictly demand otherwise.

4. No member of the National Civil Police may inflict, instigate or tolerate

any act of torture or other cruel, inhuman or degrading treatment or

punishment, nor invoke the orders of a superior or special circumstances,

such as a state of war or threat of war, threats to national security, internal

political instability or any other public emergency to justify torture or

other cruel, inhuman or degrading treatment or punishment.

5. Members of the National Civil Police shall ensure full protection of the

integrity and health of persons in their custody and, in particular, shall take

immediate steps to provide medical care when necessary.

6. Members of the National Civil Police shall not commit any act of

corruption.

They shall also strongly oppose such acts and shall combat

them.

7. Members of the National Civil Police who have reason to believe that a

breach of these rules of conduct has occurred or is about to occur shall so

inform their superiors and, if necessary, any authority or appropriate

agency having powers of control or correction.

Article 19

Members of the National Civil Police shall wear the regulation uniform whenever they

are on active duty.

In exceptional cases, the Minister, or in his absence, the Vice-Minister

or the Director-General may give authorization for not wearing uniforms for certain

tasks.

Article 20

Members of the National Civil Police shall bear regulation firearms when warranted by

the circumstances and their duties.

The use of firearms shall be governed by the following norms:

1. In the performance of their functions, members of the National Civil

Police shall, as far as possible, utilize non-violent means before resorting

to the use of force and firearms.

They may use force and firearms only

when other means prove ineffective or do not in any way guarantee the

achievement of the legitimate anticipated result.

2. Members of the National Civil Police shall not use firearms against people

except in self-defence or in defence of other people, or in case of

imminent danger of death or serious injury, or with the intention of

preventing the commission of a particularly serious crime involving a

serious threat to life, or for the purpose of arresting a person who

represents such a threat and resists their authority, and only where less

extreme means prove insufficient to achieve such objectives.

In any case,

lethal weapons may be used intentionally only when strictly unavoidable

for the protection of a life.

3. When the use of firearms becomes unavoidable, members of the National

Civil Police shall:

a. Exercise restraint and take action proportional to the seriousness of

the crime and the legitimate objective pursued;

b. Reduce damage and injury to a minimum and respect and protect

human life;

c. Ensure that medical assistance and services are provided as soon as

possible to persons who are injured or otherwise affected;

d. Endeavour to notify, as soon as possible, the relatives or close

friends of injured or otherwise affected persons.

4. Where members of the National Civil Police cause injuries or death

through the use of force or firearms, they shall report the fact immediately

to their superiors.

5. As part of the performance of their duty to safeguard the exercise of the

rights of individuals, members of the National Civil Police shall protect

the exercise of the right of assembly and demonstration.

Where, for legal

reasons, they are compelled to break up a demonstration or a meeting, they

shall use the least dangerous means and only to the minimum extent

necessary.

Members of the National Civil Police shall refrain from using

firearms in such cases, save where the meetings are violent and other

means have been exhausted, and only under the circumstances provided

for in subparagraph 2 of this article.

6. Exceptional circumstances, such as internal political instability or any

other public emergency situation, may not be invoked to justify noncompliance

with these norms.

Article 21

Members of the National Civil Police shall not normally be required to live in barracks.

Such a regime shall be applied only in exceptional circumstances and for the time strictly

necessary.

Article 22

Vehicles, communications systems, uniforms, facilities and, in general, any equipment

used by members of the National Civil Police shall be suited to the requirements of a

police force of the type defined in this act.

Title III

Police Regulations

Article 23

Members of the National Civil Police shall, in the performance of their duties, be

deferred to as representatives of authority for all legal purposes.

Article 24

The duties of the police shall be to:

1. Respect human rights, the Constitution and the law, whatever the

circumstances in which they are required to fulfil their mission.

2. Obey and carry out orders and instructions given by their hierarchical

superiors, which shall always be consistent with the Constitution and laws

of the Republic.

Obedience to an order from above shall not be

justification for committing acts which are clearly punishable.

3. Show due consideration and courtesy in their relations with the public and

with their subordinates.

Police shall identify themselves before taking

measures that restrict freedom, except where circumstances of in flagrante

delicto prevent them from doing so.

4. Intervene where necessary, even when off duty, to protect persons and

property and to prevent a crime.

5. Refrain from engaging in any other remunerated activity and from

receiving gifts or rewards related to the performance of their duties.

6. Refrain from taking an active part, while on duty, in political meetings or

demonstrations.

7. Refrain from organizing themselves into unions or other groups pursuing

similar aims and from participating in strikes.

Article 25

The rights of the policeman are as follows:

1. A policeman shall enjoy job security.

He may not be dismissed except for

the reasons provided by law.

2. A policeman shall have the right to be informed by his superiors of the

missions, organization and functioning of the service to which he belongs.

3. A policeman shall have the right to be promoted within the ranks of the

police force, under the conditions provided for in this act.

4. A policeman shall have the right to remuneration consistent with his rank

and length of service.

5. A policeman shall have the right to annual leave of no less than 15

working days.

The leave period shall be increased after the fifth year of

service, on such conditions as are determined by the rules.

6. A policeman shall have the right to a pension and to social security.

7. In the exercise of his functions, a policeman shall have the following

prerogatives:

a. To request the cooperation of any authority;

b. To have access without charge to collective public transport

services;

c. To be treated free of charge and on a priority basis in hospitals,

clinics and health services, if he is injured in the performance of

his duties;

d. To be granted facilities for pursuing studies that will enable him to

improve his academic level.

Article 26

A policeman shall be responsible for acts committed in the performance of his duties.

Article 27

Members of the National Civil Police shall be subject to the following disciplinary

measures, depending on the gravity of the misdemeanour committed:

1. Verbal warning.

2. Written warning.

3. Suspension without pay.

4. Arrest for a maximum period of 15 days.

5. Demotion.

6. Dismissal.

Verbal or written warnings shall be within the competence of each chief of service;

the

policeman shall, however, have the right of appeal to a disciplinary committee.

The other penalties shall be imposed by a disciplinary committee under the authority of

the General Inspectorate.

Such penalties may be imposed only by means of a procedure

which gives the policeman access to the dossier and which respects the rights of defence.

The investigation of misdemeanours shall be the responsibility of the General

Inspectorate, which may act propio motu or on a complaint from any citizen, the chief of

service of the policeman concerned, the Attorney-General of the Republic or the National

Counsel for the Defence of Human Rights.

Article 28

Members of the National Civil Police may be suspended, with pay, where the best

interests of an administrative or judicial investigation so require.

Title IV

Police Career and Manning Table

Article 29

Personnel of the National Civil Police must have a vocation of service to the community,

a capacity for human relations and emotional maturity, and the physical condition

required to serve as a police officer.

They must be suited to serving in a police force

which is designed, structured and operated as a civilian institution with the purpose of

protecting and guaranteeing the free exercise of the rights and freedoms of individuals;

preventing and combating all types of crimes;

and maintaining internal peace,

tranquillity, order and public security.

They must also be able to adjust their conduct

satisfactorily to the doctrine and legal regime of the National Civil Police.

Article 30

The manning table of the National Civil Police shall consist of the following levels and

categories:

1. Basic level, with the categories of:

constable, officer [corporal] and

sergeant.

2. Executive level, with the categories of:

deputy inspector, inspector and

chief inspector.

3. Senior level, with the categories of:

[intendant, senior intendant and

superintendent].

Article 31

Admission to the National Civil Police shall be contingent on passing the entrance

examinations to the National Public Security Academy and completing the selective basic

training course provided there.

The entrance examinations shall be designed to ensure that candidates fit the profile

required to belong to the National Civil Police, according to each of the levels of

responsibility defined in this act, and shall consist of:

a test of general knowledge, a

physical examination, a medical examination and a psychological examination.

These

examinations shall be supplemented by personal interviews with the candidates.

Article 32

The minimum requirements for applicants for the entrance examinations are:

1. Be Salvadorian by birth.

2. Have reached the age of 18 before submitting the application.

3. Have completed the level of studies required for the category concerned.

4. Be physically fit.

5. Have full exercise of their civic rights.

6. Have no criminal record, i.e., convictions resulting from a final verdict.

Article 33

For the categories of constable and officer [corporal], applicants are required to have

completed the ninth grade of education or its equivalent.

For other categories of the basic

level, a high school diploma is required.

The executive level requires an intermediate

university diploma, or the successful completion of three years of university studies or

their equivalent.

The senior level requires a university degree or its equivalent.

Article 34

Members of the National Civil Police may be promoted within the categories of the basic

level by means of competitive examinations among those with more than two years'

service in the lower category who meet the requirements for the category for which they

are applying.

Those selected must also successfully complete the course organized for the

purpose by the National Public Security Academy.

Article 35

At the executive and senior levels, half the posts shall be reserved for internal promotion.

The remaining half may be filled by external competitive examination.

Promotion within these categories shall also be by competitive examination among those

with more than three years' service in the lower category who meet the requirements for

the category for which they are applying.

Those selected must also successfully complete

the course organized for the purpose by the National Public Security Academy.

Article 36

Administrative, technical and service staff employed by the National Civil Police shall be

subject to civil service regulations and shall not belong to the police.

Title V

Transitional Regime

Article 37

The transitional period for the establishment of the National Civil Police shall be 24

months, starting from the entry of the first contingent of basic-level students to the

National Public Security Academy.

Article 38

During the transition, the National Civil Police shall not be attached to any Ministry.

The

Director-General shall be under the direct authority of the President of the Republic.

Article 39

The National Civil Police shall be run by the Director-General, under the terms laid down

by this act.

Article 40

During the period of transition until the functional and territorial structures of the

National Civil Police are operating normally, the Director-General shall be appointed by

the President of the Republic from a list of three candidates proposed by the National

Commission for the Consolidation of Peace (COPAZ).

Article 41

During the transition, the Director-General shall establish appropriate machinery for

information and communication with COPAZ so that the Commission can perform its

function of supervising the organization of the National Civil Police.

As part of the

normal exercise of its functions, COPAZ shall designate a subcommission to carry out

this task, which shall serve as an advisory commission to the Coordinator or to the

Director-General.

Article 42

The National Civil Police shall take up its functions gradually, as contingents graduating

from the National Public Security Academy make it possible to staff fully each of the

functional and territorial structures provided for in this act.

The Director-General shall

determine the priorities and order according to which this assumption of functions shall

take place.

Article 43

The process of replacing the former security forces shall be carried out by geographical

department, making sure that there are no gaps in authority.

Within 21 months of the

launching of this process, all departments must be covered by contingents of the National

Civil Police.

Article 44

While the first senior and executive officers of the National Civil Police are being

trained, the Director-General may order the creation of provisional commands for a

predetermined period.

Annex III

Preliminary bill on the National Public Security Academy

Article 1

1. The National Public Security Academy of El Salvador shall be established

as an autonomous body under the authority of the Ministry of the Interior

and Public Security.

2. In order to achieve its purposes, the Academy shall be accorded its own

juridical personality, shall enjoy administrative autonomy and shall be

fully qualified to act in accordance with the legislation in force.

3. The Academy shall operate with financial autonomy and must have

sufficient resources made available to it.

To that end, it shall have its own

budget.

Article 2

The Academy may conduct its activities throughout the national territory.

The Academy's

headquarters shall be situated in ...

Article 3

1. The Academy shall have the following functions, among others:

a. To train members of the National Civil Police;

b. To develop selection procedures and to conduct the corresponding

examinations for admission to, and promotion in, the National

Civil Police;

c. To investigate, to study and to publicize matters relating to the

National Civil Police and public security.

2. The Academy shall provide the tuition corresponding to training courses

set up for the National Civil Police, in accordance with the curricula to be

established.

3. In order to attain and develop the above objectives, the Academy shall

promote institutional cooperation with universities, the judiciary, the

Public Prosecutor's Office and other national or foreign institutions

relevant to the teaching purposes referred to above.

Article 4

The administration and management organs of the Academy shall be the Director and the

Academic Council.

Article 5

The Director, who shall have the same rank as the Director-General of the National Civil

Police, shall be appointed, on the same conditions as the Director-General of Police, on

the proposal of the Ministry of the Interior and Public Security.

The Director shall have a three-year term of office.

Article 6

The Academic Council shall comprise eight members, all civilians prominent in civilian,

cultural, legal, police and academic life, appointed by the Minister, on the proposal of the

Director and on the basis of criteria of pluralism.

Their term of office shall be the same as

that of the Director of the Academy.

Article 7

The Director of the Academy shall be responsible for:

a. Managing the services and staff of the Academy;

b. Authorizing expenditure and payments;

c. Issuing diplomas and certificates;

d. Granting the appointments and contracts of the teaching staff of the

Academy, designated by the Academic Council;

e. Hiring the administrative staff of the Academy;

f. Drawing up the preliminary budget proposal;

g. Managing the implementation of training and selection plans.

Article 8

The Academic Council shall be responsible for:

a. Designating the teaching staff, in such a manner as to ensure that no

political tendency shall predominate among that staff;

b. Determining the admissions system and ensuring that it is not

discriminatory;

c. Giving opinions and recommendations on the Academy's teaching

activities;

d. Reporting to the Director on matters which he submits to it for

consideration;

e. Preparing an annual report on the activities of the Academy.

Article 9

The Academy's assets shall comprise the following resources:

a. Contributions by the Government;

b. Contributions by international organizations;

c. Subsidies and other public or private contributions;

d. Considerations granted under agreements;

e. Other resources which may be granted to it.

Article 10

1. The organizational structure of the Academy shall be determined by

decree;

2. The permanent staff of the Academy shall have the status of civil servants.

Article 11

When designating the first Director and the first Academic Council of the Academy, the

following principles shall apply, on an interim basis:

1. The Director shall be appointed by the President of the Republic, from a

list of three candidates proposed by the National Commission for the

Consolidation of Peace (COPAZ);

2. The members of the Academic Council shall be proposed in lists of three

candidates by COPAZ on the basis of criteria of political pluralism, for

appointment by the President of the Republic;

3. During the transition, the National Public Security Academy shall not be

attached to any Ministry.

Its Director shall be under the direct authority of

the President of the Republic.