El Escorial Agreement

  • Country/entity
    Guatemala
  • Region
    Americas
  • Agreement name
    El Escorial Agreement
  • Date
    1 Jun 1990
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Guatemalan Civil War (1960 - 1996) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Guatemala peace process
  • Parties
    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;
  • Third parties
    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;
  • Description
    A short agreement focused on encouraging political participation by all parties, and makes reference to the need for associated political and institutional reforms.


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 references
    Page 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:
  • Elections
    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.
  • Electoral commission

    No specific mention.

  • Political parties reform
    Governance→Political parties reform→Rebels transitioning to political parties
    Page 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 society
    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 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.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 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 general
    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:
    (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.

  • Democracy
    Page 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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    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.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→General commitments
    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.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 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.

  • Reconciliation
    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:
    (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.

  • Source
    UN 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;