Agreement Regarding the Joint Proposals between the Federal Government and the EZLN

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Country/entity: Mexico
Region: Americas
Agreement name: Agreement Regarding the Joint Proposals between the Federal Government and the EZLN
Date: 16 Feb 1996
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Zapatista Uprising (1994 - )
The North American Free Trade Agreement (NAFTA) between United States, Canada and Mexico implied the removal of the Article 27 of Mexico's constitution that protected the native communal landholdings. In reaction, the left-wing Zapatista National Liberation Army (EZLN) declared war against the Mexican government on the day of the signing of the NAFTA agreement, 1 January 1994.
Led by charismatic Subcomandante Marcos, the EZLN rapidly gained popularity among the left-wing youth in the Americas and in Europe and established a considerable global media presence.
Peace negotiations started in 1995, leading to several agreements, the San Andrés Accords signed in 1995 and 1996. However, socio-political tensions with the Mexican state and the lack of protection of the indigenous peoples and subsistence farmers remained unresolved. Nowadays, the Chiapas Conflict continues as a low-intensity conflict.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Mexico-Chiapas peace process
Parties: EZLN, Mexican Government
Third parties: -
Description: This document lists the reservations made by the EZLN to the terms of the Agreement on indigenousrights and culture of Chiapas, which consists of four sub-agreements: Document 1. Joint Declaration that the Federal Govt and the EZLN shall submit to national debating and decision-making bodies; Document 2. Joint Proposals that the Federal Govt and the EZLN agree to remit to the National Debating and Decision-Making Bodies in accordance with Paragraph 1.4 of the Rules of Procedure; Document 3.1. Commitments for Chiapas by the State and Federal Govts and the EZLN under para. 1.3 of the Rules of Procedure; Document 3.2. Actions and Measures for Chiapas Joint Commitments and Proposals from the State and Federal Govts, and the EZLN

Agreement document: MX_960216_Agreement Regarding the Documents.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: Groups→Migrant workers→Rhetorical
Page 2, B. The EZLN, through its delegation, expresses its acceptance of said documents. In regard to the issues on which it formulated, at the session on February 14, 1996 of this second part of the Resolutive Plenary Meeting, proposals for additions and substitutions or eliminations in the text of same, in accordance with the results of the consultations carried out by the EZLN, it expresses the following:
... 6. The delegation of the EZLN considers it essential that legislation be passed to protect the rights of migrants, both indigenous and non-indigenous, within and outside national borders. (Document 1 “Joint declaration that the Federal Government and the EZLN shall submit to national debating and decision-making bodies”, page 5, point 8, subtitle “Protecting indigenous migrants”.)
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
[Summary] The agreement in its entirety deals with the rights of indigenous peoples.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Other
Page 1,
B. 1. 'the EZLN insists in pointing out the lack of solution to the grave national agrarian problem, and the need to amend Article 27 of the Constitution, which should reflect the spirit of Emiliano Zapata, summarized in two basic demands: the land belongs to those who work it, and Land and Freedom.'
Social class: No specific mention.

Gender

Women, girls and gender: Page 1,
B. 3. In regard to the topic Situation, Rights and Culture of Indigenous Women, the delegation of the EZLN considers the present points of agreement insufficient. Owing to the triple oppression suffered by indigenous women, as women, as indigenous persons and as poor persons, they demand the building of a new national society, with another economic, political, social and cultural model that includes all Mexicans, both women and men. (Document 3.2 “Actions and measures for Chiapas. Commitments and joint proposals of the State and Federal Governments and the EZLN”, page 9.)
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 sharing: No specific mention.

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: Rights related issues→Media and communication→Media roles
Page 2,
B. 8. With regard to the communications media, the delegation of the EZLN considers it necessary that access be guaranteed to reliable, timely and sufficient information on the government's activities, as well as access by indigenous peoples to existing communications media, and that the right of indigenous peoples to have their own communications media (radio broadcasting, television, telephone, press, fax, communication radios, computers and satellite access) be guaranteed. (Document 2 “Joint proposals that the Federal Government and the EZLN agree to submit to national debating and decision-making bodies, in respect of point 1.4 of the Rules of Procedure”, page 9, point 8 “Communications media”.)
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: Page 2,
B. 5. With regard to guarantees of full access to justice, the delegation of the EZLN considers that the need to appoint interpreters in all trials and lawsuits involving indigenous persons should not be ignored, ensuring that said interpreters are expressly accepted by the accused and that they know the language and are familiar with the indigenous culture and legal system; 6. The delegation of the EZLN considers it essential that legislation be passed to protect the rights of migrants, both indigenous and non-indigenous, within and outside national borders.

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: Page 2,
B. 5. With regard to guarantees of full access to justice, the delegation of the EZLN considers that the need to appoint interpreters in all trials and lawsuits involving indigenous persons should not be ignored, ensuring that said interpreters are expressly accepted by the accused and that they know the language and are familiar with the indigenous culture and legal system. (Document 2 “Joint proposals that the Federal Government and the EZLN agree to submit to national debating and decision-making bodies, in respect of point 1.4 of the Rules of Procedure”, page 6, subtitle “Guarantees of full access to justice”.
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,
B. 2. With regard to sustainable development, the delegation of the EZLN considers it insufficient for the government to compensate indigenous peoples for damage caused on their lands and territories, once the damage has been caused. There is a need to develop a policy of true sustainability that preserves the lands, territories and natural resources of indigenous peoples, in short, that takes into account the social costs of development projects. (Document 1 “Joint declaration that the Federal Government and the EZLN shall submit to national debating and decision-making bodies”, page 3, in the subtitle “Principles of the new relationship” subparagraph 2.)
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: 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: Convention 169 of the ILO invoked.
Page 2,
B. 4. 'In general terms the delegation of the EZLN considers it necessary that, in each case, the times and terms in which the agreements should be put into practice be specified and that, to that end, the indigenous peoples and the pertinent authorities should program and schedule their implementation by mutual accord.'

Page 3,
D. The parties shall submit to national debating and decision-making bodies and to other pertinent bodies the three accompanying documents, which contain the agreements and commitments reached by the parties.
E. Both parties assume the commitment to submit the present resolution to national debating and decision-making bodies and to the pertinent bodies of the state of Chiapas, in the understanding that the points indicated in subparagraph B should also be considered by said bodies as material resulting from the dialogue.
Related cases: Page 3,
The present document and three documents that accompany it have been duly legalized as agreements under the terms of the Rules of Procedure and of the Law for Dialogue, Conciliation and Dignified Peace in Chiapas, and are incorporated as such into the Agreement for Concord and Pacification with Justice and Dignity.
Source: UN Peacemaker [peacemaker.un.org]

Agreement Regarding the Documents:

“Joint Declaration that the Federal Government and the EZLN shall submit to National Debating and Decision-Making Bodies”;

“Joint Proposals that the Federal Government and the EZLN agree to submit to National Debating and Decision-Making Bodies, in respect of Point 1.4 of the Rules of Procedure”;

and “Commitment for Chiapas made by the State and Federal Governments and the EZLN, in respect of Point 1.3 of the Rules of Procedure”,

stemming from the first part of the Resolutive Plenary Meeting on the topic of Indigenous Rights and Culture:

A. The Federal Government, through its delegation, expresses its acceptance of said documents.

B. The EZLN, through its delegation, expresses its acceptance of said documents.

In regard to the issues on which it formulated, at the session on February 14, 1996 of this second part of the Resolutive Plenary Meeting, proposals for additions and substitutions or eliminations in the text of same, in accordance with the results of the consultations carried out by the EZLN, it expresses the following:

1. The delegation of the EZLN insists in pointing out the lack of solution to the grave national agrarian problem, and the need to amend Article 27 of the Constitution, which should reflect the spirit of Emiliano Zapata, summarized in two basic demands:

the land belongs to those who work it, and Land and Freedom. (

Document 2 “Joint proposals that the Federal Government and the EZLN agree to submit to national debating and decision-making bodies, in respect of point 1.4 of the Rules of Procedure”, page 11, paragraph 5, “Constitutional and Legal Amendments”, subparagraph B.)

2. With regard to sustainable development, the delegation of the EZLN considers it insufficient for the government to compensate indigenous peoples for damage caused on their lands and territories, once the damage has been caused.

There is a need to develop a policy of true sustainability that preserves the lands, territories and natural resources of indigenous peoples, in short, that takes into account the social costs of development projects. (

Document 1 “Joint declaration that the Federal Government and the EZLN shall submit to national debating and decision-making bodies”, page 3, in the subtitle “Principles of the new relationship” subparagraph 2.)

3. In regard to the topic Situation, Rights and Culture of Indigenous Women, the delegation of the EZLN considers the present points of agreement insufficient.

Owing to the triple oppression suffered by indigenous women, as women, as indigenous persons and as poor persons, they demand the building of a new national society, with another economic, political, social and cultural model that includes all Mexicans, both women and men. (

Document 3.2 “Actions and measures for Chiapas.

Commitments and joint proposals of the State and Federal Governments and the EZLN”, page 9.)

4. In general terms the delegation of the EZLN considers it necessary that, in each case, the times and terms in which the agreements should be put into practice be specified and that, to that end, the indigenous peoples and the pertinent authorities should program and schedule their implementation by mutual accord.

5. With regard to guarantees of full access to justice, the delegation of the EZLN considers that the need to appoint interpreters in all trials and lawsuits involving indigenous persons should not be ignored, ensuring that said interpreters are expressly accepted by the accused and that they know the language and are familiar with the indigenous culture and legal system. (

Document 2 “Joint proposals that the Federal Government and the EZLN agree to submit to national debating and decision-making bodies, in respect of point 1.4 of the Rules of Procedure”, page 6, subtitle “Guarantees of full access to justice”.

6. The delegation of the EZLN considers it essential that legislation be passed to protect the rights of migrants, both indigenous and non-indigenous, within and outside national borders. (

Document 1 “Joint declaration that the Federal Government and the EZLN shall submit to national debating and decision-making bodies”, page 5, point 8, subtitle “Protecting indigenous migrants”.)

7. In order to strengthen the municipalities, the delegation of the EZLN considers that explicit commitments by the government are required to guarantee their access to adequate infrastructure, training and economic resources. (

Document 2 “Joint proposals that the Federal Government and the EZLN agree to submit to national debating and decision-making bodies, in respect of point 1.4 of the Rules of Procedure”, page 3.)

8. With regard to the communications media, the delegation of the EZLN considers it necessary that access be guaranteed to reliable, timely and sufficient information on the government's activities, as well as access by indigenous peoples to existing communications media, and that the right of indigenous peoples to have their own communications media (radio broadcasting, television, telephone, press, fax, communication radios, computers and satellite access) be guaranteed. (

C. In regard to the parts of the documents to which subparagraph B refers, both delegations agree that, at the time that they identify by common accord during the dialogue, they shall exhaust negotiation efforts on same.

D. The parties shall submit to national debating and decision-making bodies and to other pertinent bodies the three accompanying documents, which contain the agreements and commitments reached by the parties.

E. Both parties assume the commitment to submit the present resolution to national debating and decision-making bodies and to the pertinent bodies of the state of Chiapas, in the understanding that the points indicated in subparagraph B should also be considered by said bodies as material resulting from the dialogue.

The present document and three documents that accompany it have been duly legalized as agreements under the terms of the Rules of Procedure and of the Law for Dialogue, Conciliation and Dignified Peace in Chiapas, and are incorporated as such into the Agreement for Concord and Pacification with Justice and Dignity.

February 16, 1996.