Protocolo de Verificación

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Country/entity: Nicaragua
Region: Americas
Agreement name: Protocolo de Verificación
Date: 2 Oct 1992
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Nicaragua contra process
Parties: Violeta Barrios de Chamorro – President of the Republic of Nicaragua;
His Most Reverend Eminence Cardinal Miguel Obando y Bravo;
Dr Santiago Murray – General Coordinator of the International Support and Verification Commission of the Organization of American States in Nicaragua;
Third parties: -
Description: This protocol is about the formation/creation of a tripartite commission to build peace post-conflict (International Support and Verification Commission of the OEA, Catholic Church and Government) and to deal with the violence inflicted on ex-resistance combatants to facilitate exchange on the origins of the violence and to formulate recommendations to improve the prevention coordination and mechanisms, for the eradication of the problems to contribute to peace and stability and to fortify the rights and guarantees of all those sections of the population affected by the conflict.

Agreement document: NI_921002_Protocolo de verificacion (EN).pdf (opens in new tab) | Download PDF
Agreement document (original language): NI_921002_Protocolo de verificacion - SP.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2, VERIFICATION PROTOCOL, CHAPTER II, FUNCTIONS
Article 4. The Commission has the following functions:
a) analyse, review and evaluate reports previously made to the Government of the Republic of Nicaragua by the Verification Bodies regarding the rights and guarantees for demobilised members of the Nicaraguan Resistance, repatriates and family members of both groups;
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 2, VERIFICATION PROTOCOL, CHAPTER II, FUNCTIONS
Article 4. The Commission has the following functions:
a) analyse, review and evaluate reports previously made to the Government of the Republic of Nicaragua by the Verification Bodies regarding the rights and guarantees for demobilised members of the Nicaraguan Resistance, repatriates and family members of both groups;

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 1, Preamble
... IN LIGHT OF: the Government of the Republic of Nicaragua’s invitation to His Most Reverend Eminence Cardinal Miguel Obando y Bravo and the International Support and Verification Commission of the Organization of American States to form a Tripartite Commission, and their willingness to contribute to the pacification of Nicaragua.
REITERATING: the commitment to overcome the situation of violence via an ad-hoc Commission comprising the signatory parties, whose actions and recommendations will help strengthen the rule of law.
RECOGNISING: the work of the Verification Bodies, His Most Reverend Eminence Cardinal Miguely Bravo, the International Support and Verification Commission of the Organization of American States and the work of President Violeta B. de Chamorro in organising this Commission.

Page 2, VERIFICATION PROTOCOL, CHAPTER I, CREATION, COMPOSITION AND MANDATE
Article 1. Creation of the Tripartite Commission to analyse and review, in the context of the political and social outlook in post-war Nicaragua, from 27 June 1990, cases of violence that have affected both former members of the Nicaraguan Resistance and other sectors of the population affected by collective conflicts and cases in which the presumed perpetrators of the reported events are former members of the Nicaraguan Resistance to facilitate the exchange of opinions on the origin of the violence in order to formulate recommendations to improve the coordination of and mechanisms for preventing and eradicating the problems identified to promote the stability and peace of Nicaragua; and strengthen the system for the protection of rights and guarantees for sectors of the population affected by the war.
Article 2. The Tripartite Commission comprises the Government of the Republic of Nicaragua, His Most Reverend Eminence Cardinal Miguel Obando y Bravo and the International Support and Verification Commission of the Organization of American States.
Article 3. The mandate of the Commission is derived from:
a) the agreements signed by the presidents of Central America (Esquipulas II and Tela);
b) the agreements signed between the Government of the Republic of Nicaragua and the Nicaraguan Resistance (Toncontín, Effective and Definitive Ceasefire, the Declaration of Managua and its Protocol) and subsequent agreements;
c) the letter of invitation from the President of the Republic of Nicaragua, Violeta B. de Chamorro, to His Most Reverend Eminence Cardinal Miguel Obandoy Bravo and the General Coordinator of the International Support and Verification Commission of the Organization of American States, Dr Santiago Murray, and the corresponding response;
d) this protocol.

Page 2-3, VERIFICATION PROTOCOL, CHAPTER II, FUNCTIONS
Article 4. The Commission has the following functions:
a) analyse, review and evaluate reports previously made to the Government of the Republic of Nicaragua by the Verification Bodies regarding the rights and guarantees for demobilised members of the Nicaraguan Resistance, repatriates and family members of both groups;
b) analyse, review and evaluate reports of violations of rights inherent to human beings regarding situations of collective conflict and cases in which the presumed perpetrators of reported events are former members of the Nicaraguan Resistance;
c) study all cases that may be subsequently reported regarding violations of citizens’ rights and guarantees involving the sectors involved in the war included in Items a) and b) and that are reported to the Verification Bodies and/or this Commission;
d) formulate recommendations of any kind regarding the respect and promotion of citizens’ rights and guarantees;
e) request reports from any authority or official related to the remit of this Commission;
f) contribute to eradicating the causes of violence and impunity, especially in cases with political motivations;
g) any other function deemed appropriate by the Commission in line with its remit.

Page 3, VERIFICATION PROTOCOL, CHAPTER II, FUNCTIONS
Article 5. The Commission will be assisted by the staff necessary to fulfil its functions and will establish any tripartite working sub-Commissions it deems appropriate.

Page 3, VERIFICATION PROTOCOL, CHAPTER III, PROCEDURES
Article 6. Regarding Article 4, Items a) and b), a report of action taken for each of the cases will be requested from the government. This report must be submitted to the Commission 15 days from receipt of the request. The Commission will study and evaluate the report.
Article 7. Regarding Article 4, Item c), these cases will be passed to the corresponding government bodies, which will report to the Commission within 15 days.
Article 8. The Verification Bodies, at their discretion, will raise the cases presented before them to the Tripartite Commission.
Article 9. The Commission may hear and review cases deemed to be in dispute.
Article 10. The Government of the Republic of Nicaragua will establish suitable options for reports issued in response.
Article 11. The Commission may use all forms of evidence it deems fit.
Article 12. The Commission will be able to carry out all actions that allow it to exercise its functions.

Page 4, VERIFICATION PROTOCOL, CHAPTER IV, ORGANISATION
Article 13. The Commission will have ordinary meetings on a weekly basis and extraordinary meetings upon request by any of the parties.
Article 14. The quorum will be formed by the parties comprising the Commission.
Article 15. The Commission will express itself through resolutions adopted by consensus. If specific conclusions or recommendations have been sufficiently debated or analysed and no consensus is reached, the parties reserve the right to issue their own conclusions.

Page 4, VERIFICATION PROTOCOL, CHAPTER VI, FINAL PROVISIONS
Article 20. Each of the parties of the Commission will designate their representatives and advisers as they deem appropriate.
Article 21. The Government of Nicaragua delegates Dr José Bernard Pallais, Deputy Minister of Foreign Affairs, and Ronald Avilés Iglesias, Deputy Minister of the Interior, who will be entitled to act jointly or alternatively, as its representatives; His Most Reverend Eminence Cardinal Miguel Obando y Bravo delegates Roberto Rivas Reyes as his personal representative; and the International Support and Verification Commission of the Organization of American States delegates Dr Santiago M. Murray, its General Coordinator in Nicaragua.

Page 5, VERIFICATION PROTOCOL, CHAPTER VI, FINAL PROVISIONS
Article 22. The parties may be represented by their advisers at ordinary or extraordinary meetings.
Article 23. Without prejudice to the functions established in this Protocol, the Verification Bodies that make up the Commission will continue to carry out their original mandates.
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 4, VERIFICATION PROTOCOL, CHAPTER V, GENERAL PROVISIONS
Article 16. When the Commission formulates recommendations for the Government, the latter must provide written acceptance as soon as possible.
Article 17. If the recommendation is accepted, it will be binding for the Government and the Verification Bodies will monitor the creation of the corresponding legal instruments.
Article 18. The Government of Nicaragua will guarantee unconditional respect for the physical and moral integrity of the members of the Commission, delegates, advisers and support staff in exercising their functions.
Article 19. The Government of Nicaragua will provide the Commission with facilities to carry out its functions.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Preamble
UNDERSTANDING: its purpose is to guarantee the effective force of the rights and guarantees of the people of Nicaragua free from discrimination, in the broader context of human rights and associated international legislation, which forms part of the laws of the Republic of Nicaragua.
REITERATING: that peace is only possible under the rule of law and when human rights constitute the ethical code of behaviour for both governing and governed.
ACCEPTING: that the ideal of the free person, free from fear and misery, can only be achieved by creating conditions that allow each individual to exercise their economic, social and cultural rights, in addition to their civil and political rights.
CONSIDERING: that the situation of violence experienced in Nicaragua constitutes a serious obstacle to consolidating a regime based on individual freedom and social justice.

Page 1, Preamble
... REITERATING: the commitment to overcome the situation of violence via an ad-hoc Commission comprising the signatory parties, whose actions and recommendations will help strengthen the rule of law.

Page 2, VERIFICATION PROTOCOL, CHAPTER I, CREATION, COMPOSITION AND MANDATE
Article 1. Creation of the Tripartite Commission to analyse and review, in the context of the political and social outlook in post-war Nicaragua, from 27 June 1990, cases of violence that have affected both former members of the Nicaraguan Resistance and other sectors of the population affected by collective conflicts and cases in which the presumed perpetrators of the reported events are former members of the Nicaraguan Resistance to facilitate the exchange of opinions on the origin of the violence in order to formulate recommendations to improve the coordination of and mechanisms for preventing and eradicating the problems identified to promote the stability and peace of Nicaragua; and strengthen the system for the protection of rights and guarantees for sectors of the population affected by the war.

Page 2, VERIFICATION PROTOCOL, CHAPTER II, FUNCTIONS
Article 4. The Commission has the following functions:
a) analyse, review and evaluate reports previously made to the Government of the Republic of Nicaragua by the Verification Bodies regarding the rights and guarantees for demobilised members of the Nicaraguan Resistance, repatriates and family members of both groups;

Page 3, VERIFICATION PROTOCOL, CHAPTER II, FUNCTIONS
Article 4. The Commission has the following functions:
c) study all cases that may be subsequently reported regarding violations of citizens’ rights and guarantees involving the sectors involved in the war included in Items a) and b) and that are reported to the Verification Bodies and/or this Commission;
d) formulate recommendations of any kind regarding the respect and promotion of citizens’ rights and guarantees;
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Preamble
UNDERSTANDING: its purpose is to guarantee the effective force of the rights and guarantees of the people of Nicaragua free from discrimination, in the broader context of human rights and associated international legislation, which forms part of the laws of the Republic of Nicaragua.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 1, Preamble
UNDERSTANDING: its purpose is to guarantee the effective force of the rights and guarantees of the people of Nicaragua free from discrimination, in the broader context of human rights and associated international legislation, which forms part of the laws of the Republic of Nicaragua.

Page 1, Preamble,
CONSIDERING: that the situation of violence experienced in Nicaragua constitutes a serious obstacle to consolidating a regime based on individual freedom and social justice.
Human rights and equality→Civil and political rights→Other
Page 1, Preamble
... ACCEPTING: that the ideal of the free person, free from fear and misery, can only be achieved by creating conditions that allow each individual to exercise their economic, social and cultural rights, in addition to their civil and political rights.
Socio-economic rights: Human rights and equality→Socio-economic rights→Other
Page 1, Preamble
... ACCEPTING: that the ideal of the free person, free from fear and misery, can only be achieved by creating conditions that allow each individual to exercise their economic, social and cultural rights, in addition to their civil and political rights.

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: Rights related issues→Protection measures→Protection of civilians
Page 2, VERIFICATION PROTOCOL, CHAPTER I, CREATION, COMPOSITION AND MANDATE
Article 1. Creation of the Tripartite Commission to analyse and review, in the context of the political and social outlook in post-war Nicaragua, from 27 June 1990, cases of violence that have affected both former members of the Nicaraguan Resistance and other sectors of the population affected by collective conflicts and cases in which the presumed perpetrators of the reported events are former members of the Nicaraguan Resistance to facilitate the exchange of opinions on the origin of the violence in order to formulate recommendations to improve the coordination of and mechanisms for preventing and eradicating the problems identified to promote the stability and peace of Nicaragua; and strengthen the system for the protection of rights and guarantees for sectors of the population affected by the war.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, VERIFICATION PROTOCOL, CHAPTER I, CREATION, COMPOSITION AND MANDATE
Article 1. Creation of the Tripartite Commission to analyse and review, in the context of the political and social outlook in post-war Nicaragua, from 27 June 1990, cases of violence that have affected both former members of the Nicaraguan Resistance and other sectors of the population affected by collective conflicts and cases in which the presumed perpetrators of the reported events are former members of the Nicaraguan Resistance to facilitate the exchange of opinions on the origin of the violence in order to formulate recommendations to improve the coordination of and mechanisms for preventing and eradicating the problems identified to promote the stability and peace of Nicaragua; and strengthen the system for the protection of rights and guarantees for sectors of the population affected by the war.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: 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: [Published in Gazette No. 193, 8 October 1992]

VERIFICATION PROTOCOL

Approved 2 October 1992

Published in Gazette No.

193, 8 October 1992

Preamble

The parties signing this protocol:

UNDERSTANDING:

its purpose is to guarantee the effective force of the rights and guarantees of the people of Nicaragua free from discrimination, in the broader context of human rights and associated international legislation, which forms part of the laws of the Republic of Nicaragua.

REITERATING:

that peace is only possible under the rule of law and when human rights constitute the ethical code of behaviour for both governing and governed.

ACCEPTING:

that the ideal of the free person, free from fear and misery, can only be achieved by creating conditions that allow each individual to exercise their economic, social and cultural rights, in addition to their civil and political rights.

CONSIDERING:

that the situation of violence experienced in Nicaragua constitutes a serious obstacle to consolidating a regime based on individual freedom and social justice.

IN LIGHT OF:

the Government of the Republic of Nicaragua’s invitation to His Most Reverend Eminence Cardinal Miguel Obando y Bravo and the International Support and Verification Commission of the Organization of American States to form a Tripartite Commission, and their willingness to contribute to the pacification of Nicaragua.

REITERATING:

the commitment to overcome the situation of violence via an ad-hoc Commission comprising the signatory parties, whose actions and recommendations will help strengthen the rule of law.

RECOGNISING:

the work of the Verification Bodies, His Most Reverend Eminence Cardinal Miguely Bravo, the International Support and Verification Commission of the Organization of American States and the work of President Violeta B. de Chamorro in organising this Commission.

Have agreed the following:

VERIFICATION PROTOCOL

CHAPTER I

CREATION, COMPOSITION AND MANDATE

Article 1.

Creation of the Tripartite Commission to analyse and review, in the context of the political and social outlook in post-war Nicaragua, from 27 June 1990, cases of violence that have affected both former members of the Nicaraguan Resistance and other sectors of the population affected by collective conflicts and cases in which the presumed perpetrators of the reported events are former members of the Nicaraguan Resistance to facilitate the exchange of opinions on the origin of the violence in order to formulate recommendations to improve the coordination of and mechanisms for preventing and eradicating the problems identified to promote the stability and peace of Nicaragua;

and strengthen the system for the protection of rights and guarantees for sectors of the population affected by the war.

Article 2.

The Tripartite Commission comprises the Government of the Republic of Nicaragua, His Most Reverend Eminence Cardinal Miguel Obando y Bravo and the International Support and Verification Commission of the Organization of American States.

Article 3.

The mandate of the Commission is derived from:

a) the agreements signed by the presidents of Central America (Esquipulas II and Tela);

b) the agreements signed between the Government of the Republic of Nicaragua and the Nicaraguan Resistance (Toncontín, Effective and Definitive Ceasefire, the Declaration of Managua and its Protocol) and subsequent agreements;

c) the letter of invitation from the President of the Republic of Nicaragua, Violeta B. de Chamorro, to His Most Reverend Eminence Cardinal Miguel Obandoy Bravo and the General Coordinator of the International Support and Verification Commission of the Organization of American States, Dr Santiago Murray, and the corresponding response;

d) this protocol.

CHAPTER II

FUNCTIONS

Article 4.

The Commission has the following functions:

a) analyse, review and evaluate reports previously made to the Government of the Republic of Nicaragua by the Verification Bodies regarding the rights and guarantees for demobilised members of the Nicaraguan Resistance, repatriates and family members of both groups;

b) analyse, review and evaluate reports of violations of rights inherent to human beings regarding situations of collective conflict and cases in which the presumed perpetrators of reported events are former members of the Nicaraguan Resistance;

c) study all cases that may be subsequently reported regarding violations of citizens’ rights and guarantees involving the sectors involved in the war included in Items a) and b) and that are reported to the Verification Bodies and/or this Commission;

d) formulate recommendations of any kind regarding the respect and promotion of citizens’ rights and guarantees;

e) request reports from any authority or official related to the remit of this Commission;

f) contribute to eradicating the causes of violence and impunity, especially in cases with political motivations;

g) any other function deemed appropriate by the Commission in line with its remit.

Article 5.

The Commission will be assisted by the staff necessary to fulfil its functions and will establish any tripartite working sub-Commissions it deems appropriate.

CHAPTER III

PROCEDURES

Article 6.

Regarding Article 4, Items a) and b), a report of action taken for each of the cases will be requested from the government.

This report must be submitted to the Commission 15 days from receipt of the request.

The Commission will study and evaluate the report.

Article 7.

Regarding Article 4, Item c), these cases will be passed to the corresponding government bodies, which will report to the Commission within 15 days.

Article 8.

The Verification Bodies, at their discretion, will raise the cases presented before them to the Tripartite Commission.

Article 9.

The Commission may hear and review cases deemed to be in dispute.

Article 10.

The Government of the Republic of Nicaragua will establish suitable options for reports issued in response.

Article 11.

The Commission may use all forms of evidence it deems fit.

Article 12.

The Commission will be able to carry out all actions that allow it to exercise its functions.

CHAPTER IV

ORGANISATION

Article 13.

The Commission will have ordinary meetings on a weekly basis and extraordinary meetings upon request by any of the parties.

Article 14.

The quorum will be formed by the parties comprising the Commission.

Article 15.

The Commission will express itself through resolutions adopted by consensus.

If specific conclusions or recommendations have been sufficiently debated or analysed and no consensus is reached, the parties reserve the right to issue their own conclusions.

CHAPTER V

GENERAL PROVISIONS

Article 16.

When the Commission formulates recommendations for the Government, the latter must provide written acceptance as soon as possible.

Article 17.

If the recommendation is accepted, it will be binding for the Government and the Verification Bodies will monitor the creation of the corresponding legal instruments.

Article 18.

The Government of Nicaragua will guarantee unconditional respect for the physical and moral integrity of the members of the Commission, delegates, advisers and support staff in exercising their functions.

Article 19.

The Government of Nicaragua will provide the Commission with facilities to carry out its functions.

CHAPTER VI

FINAL PROVISIONS

Article 20.

Each of the parties of the Commission will designate their representatives and advisers as they deem appropriate.

Article 21.

The Government of Nicaragua delegates Dr José Bernard Pallais, Deputy Minister of Foreign Affairs, and Ronald Avilés Iglesias, Deputy Minister of the Interior, who will be entitled to act jointly or alternatively, as its representatives;

His Most Reverend Eminence Cardinal Miguel Obando y Bravo delegates Roberto Rivas Reyes as his personal representative;

and the International Support and Verification Commission of the Organization of American States delegates Dr Santiago M. Murray, its General Coordinator in Nicaragua.

Article 22.

The parties may be represented by their advisers at ordinary or extraordinary meetings.

Article 23.

Without prejudice to the functions established in this Protocol, the Verification Bodies that make up the Commission will continue to carry out their original mandates.

Done in the City of Managua, Nicaragua, 2 October 1992.

Violeta Barrios de Chamorro – President of the Republic of Nicaragua

His Most Reverend Eminence Cardinal Miguel Obando y Bravo

Dr Santiago Murray – General Coordinator of the International Support and Verification Commission of the Organization of American States in Nicaragua