Understandings Regarding the New York Agreement ('The Compressed Negotiations')
Export agreement coding (PDF)Country/entity
El SalvadorRegion
AmericasAgreement name
Understandings Regarding the New York Agreement ('The Compressed Negotiations')Date
25 Sep 1991Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Framework/substantive - partialConflict nature
GovernmentPeace process
El Salvador peace processParties
Representing the Government of El Salvador: Dr Oscar Santamaría; Colonel Mauricio Ernesto Vargas; Dr David Escobar Galindo;
Representing the FMLN: Commandant Schafik Handal; Commandant Francisco Jovel; Commandant Eduardo Sánchez Cerén; Commandant Eduardo Sancho; Commandant Joaquín Villalobos;Third parties
UN rep, Alvaro de Soto (signatory, capacity unclear)Description
An agreement providing supplementation of the NY Agreement. Govt accepts degree of participation of former FMLN combatants in NCP in return for FMLN agreeing not to seek the inclusion of its units in the armed forces or to demand dissolution of the armed forces at the negotiation table (however, FMLN may later integrate these demands into their own political agenda after peace is secured).
Agreement document
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
No specific mention.
- Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)
No specific mention.
- Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharingPower sharing→Military power sharing→ProportionalityPage 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.
Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
Human rights and equality
- Human rights/RoL general
No specific mention.
- Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courts
No specific mention.
- Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
No specific mention.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rightsLand, property and environment→Land reform/rights→Other land rightsPage 2, VI. REGARDING SOCIO-ECONOMIC MATTERS
The Agreements of 3 July 1991 regarding occupied lands adopted between the Government and peasant organisations will be respected. - Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- Ceasefire
No specific mention.
- PolicePage 1, IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
1. The National Public Security Academy will be headed by a Director General and an Academic Council. The Academic Council will have regulatory functions within its field. The Director General will be the President of the Academic Council and will carry out executive and administrative functions of the Academy.
Page 2, IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
2. COPAZ will determine the number of members of the Academic Council. These will be civilians, short-listed by COPAZ on the basis of political pluralist criteria with the aim of being appointed by the President of the Republic.
3. The Director of the Public Security Academy will be appointed by the President of the Republic from a short list proposed by COPAZ.
4. The Academic body of the Academy will be appointed by the Academic Council. COPAZ will establish appropriate mechanisms to ensure that no political tendency predominates within its ranks.
5. The admission system will be determined by the Academic Council which will ensure that such a system in non discriminatory.
6. COPAZ will specially supervise articles 4 and 5.
Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
1. The Director of the PNC will be appointed by the President of the Republic from a short list proposed by COPAZ.
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.
3. The transitional regime for the commencement of the PNC will be established by COPAZ. It will consider differentiated criteria and admission procedures according to the educational level and or the areas where the personnel will be recruited from and where they will be deployed. All these matters will be supervised by COPAZ.
Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace. - Armed forcesPage 1, I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.
Page 1, III. REGARDING THE ARMED FORCES’ EDUCATIONAL SYSTEM
1. The Military School will be governed by a Collegiate System if educational matters; its Director shall be the President of an Academic Council composed of military personnel and civilian academics. The members of the Academic Council will be appointed by the President of the Republic.
2. COPAZ will decide the number of members of the Academic Council which will be made up equally of military personnel and civilians.
3. The civilian members of the Academic Council will be designated on the basis of political pluralistic criteria by the President of the Republic from lists proposed by COPAZ.
4. The academic body will be appointed by the Academic Council which will ensure that no political tendency predominates within it.
5. The Director of the Military Academy will be appointed by the President of the Republic.
6. The admission system will be determined by the Academic Council and it will be ensure that the system is non-discriminatory.
7. COPAZ will specifically supervise compliance with articles 3,4 and 6.
Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace. - DDRSecurity sector→DDR→DDR programmesPage 1, II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict. The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.
Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.
Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 1, II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict. The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.
2. The Secretary General will in due course make the reduction plan known to the FMLN prior to the signing of the cessation of the armed conflict.
Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.
Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace. - Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- MechanismPage 1, I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions. - Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatorySigned by Alvaro de Soto – Representative of the Secretary General of the United Nations.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceUnited States Institute of Peace (2001) Peace Agreements: El Salvador - Peace Agreements Digital Collection. Available at: https://www.usip.org/publications/2001/04/peace-agreements-el-salvador (Accessed 14 October 2020).
Understandings Regarding the New York Agreement
I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.
II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict.
The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.
2. The Secretary General will in due course make the reduction plan known to the FMLN prior to the signing of the cessation of the armed conflict.
III. REGARDING THE ARMED FORCES’ EDUCATIONAL SYSTEM
1. The Military School will be governed by a Collegiate System if educational matters;
its Director shall be the President of an Academic Council composed of military personnel and civilian academics.
The members of the Academic Council will be appointed by the President of the Republic.
2. COPAZ will decide the number of members of the Academic Council which will be made up equally of military personnel and civilians.
3. The civilian members of the Academic Council will be designated on the basis of political pluralistic criteria by the President of the Republic from lists proposed by COPAZ.
4. The academic body will be appointed by the Academic Council which will ensure that no political tendency predominates within it.
5. The Director of the Military Academy will be appointed by the President of the Republic.
6. The admission system will be determined by the Academic Council and it will be ensure that the system is non-discriminatory.
7. COPAZ will specifically supervise compliance with articles 3,4 and 6.
IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
1. The National Public Security Academy will be headed by a Director General and an Academic Council.
The Academic Council will have regulatory functions within its field.
The Director General will be the President of the Academic Council and will carry out executive and administrative functions of the Academy.
2. COPAZ will determine the number of members of the Academic Council.
These will be civilians, short-listed by COPAZ on the basis of political pluralist criteria with the aim of being appointed by the President of the Republic.
3. The Director of the Public Security Academy will be appointed by the President of the Republic from a short list proposed by COPAZ.
4. The Academic body of the Academy will be appointed by the Academic Council.
COPAZ will establish appropriate mechanisms to ensure that no political tendency predominates within its ranks.
5. The admission system will be determined by the Academic Council which will ensure that such a system in non discriminatory.
6. COPAZ will specially supervise articles 4 and 5.
V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
1. The Director of the PNC will be appointed by the President of the Republic from a short list proposed by COPAZ.
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy.
All these matters will be supervised and guaranteed by COPAZ.
3. The transitional regime for the commencement of the PNC will be established by COPAZ.
It will consider differentiated criteria and admission procedures according to the educational level and or the areas where the personnel will be recruited from and where they will be deployed.
All these matters will be supervised by COPAZ.
VI. REGARDING SOCIO-ECONOMIC MATTERS
The Agreements of 3 July 1991 regarding occupied lands adopted between the Government and peasant organisations will be respected.
VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police.
As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces.
This understanding will take into account the drafting of the agenda.
The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
New York, 25 September 1991.
Representing the Government of El Salvador
Dr Oscar Santamaría
Colonel Mauricio Ernesto Vargas
Dr David Escobar Galindo
Representing the FMLN
Commandant Schafik Handal
Commandant Francisco Jovel
Commandant Eduardo Sánchez Cerén
Commandant Eduardo Sancho
Commandant Joaquín Villalobos
Alvaro de Soto
Representative of the Secretary General of the United Nations