El Escorial Agreement
- Country/entityGuatemala
- RegionAmericas
- Agreement nameEl Escorial Agreement
- Date1 Jun 1990
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment
- Peace processGuatemala peace process
- PartiesPOR LA INSTANCIA DE PARTIDOS POLITICOS: Ingeniero CARLOS ENRIQUE CHAVARRIA, Secretario General del Partido Revolucionario PR;
Doctor LUIS FLORES ASTURIAS, Secretario General del Partido de Avanzada Nacional PAN;
Licenciado ABUNDIO MALDONADO, Secretario General del Partido Frente de Avance Nacional FAN;
Doctor MIGUEL ANGEL MONTEPEQUE, Secretario General en funciones del Movimiento de Accion Solidaria MAS;
Licenciado RENAN QUINONES, Secretario General del Partido Nacional Renovador PNR;
Licenciado MARIO SANDOVAL ALARCON, Secretario General del Partido, Movimento de Liberacion Nacional MLN;
Licenciado CARLONS FERNANDO RIVERS SANDOVAL, Movimiento de Liberacion Nacional, MLN;
Doctor MARIO SOLORZANO MARTINEZ, Secretario General del Partido Socialista Democratico, PSD;
Licenciada CATALINA SOBERANIS, Secretaria General en funciones, Partido Democracia Cristiana Guatemalteca, DCG;
Licenciado OLIVERIO GARCIA RODAS, Partido Union del Centro Nacional, UCN, COMISION NACIONAL DE RECONCILIACION (CNR);
Ingeniero JORGE SERRANO ELIAS, Delegado Titular de los Partidos Politicos de Oposicion;
UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA:
Comandante PABLO MONSANTO;
Comandante, GASPAR ILOM;
CARLOS GONZALEZ, Secretario General del Comite Central del Partido Guatemalteco del Trabajo;
LUIS BECKER;
MIGUEL ANGEL SANDOVAL;
FRANCISCO VILLAGRAN MUNOZ; - Third partiesOBSERVADOR REPRESENTANTE DEL SECRETARIO GENERAL DE LAS NACIONES UNIDAS, FRANCESC VENDRELL;
Periodista TERESA B. DE ZARCO, Ciudadana Notable Titular;
Doctor EDUARDO MEYER MALDONADO, Delegado Suplente del Gobierno;
COMISION NACIONAL DE RECONCILIACION (CNR):
Monsenor GERARDEI CONDERA, Delegado Suplente de la Conferencia, Episcopal de Guatemala;
Coronel FRANCISCO LUIS GORDILLO, Delegado Suplente de los Partidos, Politicos de Oposicion;
Licenciado MARIO PERMUTH, Ciudadano Notable Suplente;
Licenciado LUIS MORALES CHUA, Asesor Juridico;
CONCILIADOR: Monsenor RODOLFO QUEZADA TORUNO, Presidente de la CNR; - DescriptionA short agreement focused on encouraging political participation by all parties, and makes reference to the need for associated political and institutional reforms.
- 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)Governance→Political institutions (new or reformed)→General referencesPage 2, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards: - ElectionsPage 3, ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES
The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:
(a) Not to carry out-actions against the electoral process of the country at the time of the elections;
(b) To suspend acts of sabotage throughout the duration of the electoral campaign. - Electoral commission
No specific mention.
- Political parties reformGovernance→Political parties reform→Rebels transitioning to political partiesPage 3, They agree:
4. Note is taken of the will of the parties to this Agreement to promote political means that will contribute to the solution of national problems and make feasible the incorporation of Unidad Revolucionaria Nacional Guatemalteca (URNG) in the political process of the country, by establishing the legal-procedures for that incorporation so that they can participate in the National Constituent Assembly to be inaugurated by the legally registered parties in 1991. - Civil societyPage 2, They agree:
2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression; independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty.
Page 3, They agree:
5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers. - Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 2, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL generalPage 2-3, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
(c) Unrestricted respect for and application of the law. - Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- Citizenship
No specific mention.
- DemocracyPage 2, Untitled Preamble
The Delegation of the Political Parties of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNO), in the presence of the Conciliator, Monsignor Radolfo Quesada Torulio of the National Reconciliation Commission of Guatemala (CNR), and the Observer designated by the Secretary-General of the United Nations, Dr. Frencesc Vendrell, meeting from 27 May to 1 June 1990, for the purpose of implementing the decisions taken in the city of Oslo, Norway, and contained in the "Basic Agreement for the Search for Peace by Political Means" and with the aim of specifying actions and political means for the peaceful solution of the national problems and the enhancement of functional and participatory democracy in Guatemala,
Page 2, They agree:
2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression; independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty.
Page 2-3, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
(b) The ending of the internal armed confrontation and the peaceful solution of national problems by political means;
Page 3, They agree:
5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers. - 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 2, They agree:
2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression; independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty. - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- CeasefireSecurity sector→Ceasefire→General commitmentsPage 3, ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES
The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:
(a) Not to carry out-actions against the electoral process of the country at the time of the elections;
(b) To suspend acts of sabotage throughout the duration of the electoral campaign. - Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 3, They agree:
4. Note is taken of the will of the parties to this Agreement to promote political means that will contribute to the solution of national problems and make feasible the incorporation of Unidad Revolucionaria Nacional Guatemalteca (URNG) in the political process of the country, by establishing the legal-procedures for that incorporation so that they can participate in the National Constituent Assembly to be inaugurated by the legally registered parties in 1991.
Page 3, They agree:
5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers.
Page 3, ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES
The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:
(a) Not to carry out-actions against the electoral process of the country at the time of the elections;
(b) To suspend acts of sabotage throughout the duration of the electoral campaign. - Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- ReconciliationPage 2-3, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
(a) The reconciliation of all Guatemalans;
Implementation
- UN signatory
No specific mention.
- 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.
- SourceUN Peacemaker. Available at: https://peacemaker.un.org/guatemala-elescorialagreement90 (Accessed 6 October 2020).
THE EL ESCURIAL AGREEMENT
The Delegation of the Political Parties of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNO), in the presence of the Conciliator, Monsignor Radolfo Quesada Torulio of the National Reconciliation Commission of Guatemala (CNR), and the Observer designated by the Secretary-General of the United Nations, Dr. Frencesc Vendrell, meeting from 27 May to 1 June 1990, for the purpose of implementing the decisions taken in the city of Oslo, Norway, and contained in the "Basic Agreement for the Search for Peace by Political Means" and with the aim of specifying actions and political means for the peaceful solution of the national problems and the enhancement of functional and participatory democracy in Guatemala,
State:
that, within the framework of the Oslo, Norway, and Esquipulas II Agreements and having regard to the constitutional framework in effect in the Republic of Guatemala and to the express will to achieve a firm and lasting peace in our country,
They agree:
1. To ratify in its totality the "Basic Agreement for the Search for.
Peace by Political Means", signed in the city of Oslo, Norway, on 30 March 1990, by the delegation of the National Reconciliation Commission of Guatemala (CNR) and the delegation of the Unidad Revolucionaria Nacional Guatemalteca (URNO).
2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression;
independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty.
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
(a) The reconciliation of all Guatemalans;
(b) The ending of the internal armed confrontation and the peaceful solution of national problems by political means;
(c) Unrestricted respect for and application of the law.
4. Note is taken of the will of the parties to this Agreement to promote political means that will contribute to the solution of national problems and make feasible the incorporation of Unidad Revolucionaria Nacional Guatemalteca (URNG) in the political process of the country, by establishing the legal-procedures for that incorporation so that they can participate in the National Constituent Assembly to be inaugurated by the legally registered parties in 1991.
5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers.
ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES
The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:
Not to carry out-actions against the electoral process of the country at the time of the elections;
To suspend acts of sabotage throughout the duration of the electoral campaign.
DECLARATION OF THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA (URNG)
The Unidad Revolucionaria Nacional Guatemalteca (URNG) views sympathetically the fact that the Delegation of the Political Parties, here represented should have referred, in conceptual terms, to aspects of importance with regard to the grave crisis through which our country is passing.
EXPRESSION OF THANKS
In conclusion, thanks are expressed to the people and Government of Spain for the hospitality and support extended in order to make this Agreement possible and positive.
DONE at San Lorenzo de El Escorial, Madrid, Spain, on 1 June 1990.
DELEGACIONES
POR LA INSTANCIA DE PARTIDOS POLITICOS:
Ingeniero CARLOS ENRIQUE CHAVARRIA, Secretario General del Partido Revolucionario PR;
Doctor LUIS FLORES ASTURIAS, Secretario General del Partido de Avanzada Nacional PAN;
Licenciado ABUNDIO MALDONADO, Secretario General del Partido Frente de Avance Nacional FAN;
Doctor MIGUEL ANGEL MONTEPEQUE, Secretario General en funciones del Movimiento de Accion Solidaria MAS;
Licenciado RENAN QUINONES, Secretario General del Partido Nacional Renovador PNR;
Licenciado MARIO SANDOVAL ALARCON, Secretario General del Partido, Movimento de Liberacion Nacional MLN;
Licenciado CARLONS FERNANDO RIVERS SANDOVAL, Movimiento de Liberacion Nacional, MLN;
Doctor MARIO SOLORZANO MARTINEZ, Secretario General del Partido Socialista Democratico, PSD;
Licenciada CATALINA SOBERANIS, Secretaria General en funciones, Partido Democracia Cristiana Guatemalteca, DCG;
Licenciado OLIVERIO GARCIA RODAS, Partido Union del Centro Nacional, UCN, COMISION NACIONAL DE RECONCILIACION (CNR);
Ingeniero JORGE SERRANO ELIAS, Delegado Titular de los Partidos Politicos de Oposicion;
UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA:
Comandante PABLO MONSANTO;
Comandante, GASPAR ILOM;
CARLOS GONZALEZ, Secretario General del Comite Central del Partido Guatemalteco del Trabajo;
LUIS BECKER;
MIGUEL ANGEL SANDOVAL;
FRANCISCO VILLAGRAN MUNOZ;
OBSERVADOR REPRESENTANTE DEL SECRETARIO GENERAL DE LAS NACIONES UNIDAS, FRANCESC VENDRELL;
Periodista TERESA B. DE ZARCO, Ciudadana Notable Titular;
Doctor EDUARDO MEYER MALDONADO, Delegado Suplente del Gobierno;
COMISION NACIONAL DE RECONCILIACION (CNR):
Monsenor GERARDEI CONDERA, Delegado Suplente de la Conferencia, Episcopal de Guatemala;
Coronel FRANCISCO LUIS GORDILLO, Delegado Suplente de los Partidos, Politicos de Oposicion;
Licenciado MARIO PERMUTH, Ciudadano Notable Suplente;
Licenciado LUIS MORALES CHUA, Asesor Juridico;
CONCILIADOR:
Monsenor RODOLFO QUEZADA TORUNO, Presidente de la CNR;