Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements
- Country/entity
-
Guatemala
- Region
-
Americas
- Agreement name
- Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements
- Date
- 29 Dec 1996
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Implementation/renegotiation
- Conflict nature
- Government
- Peace process
- Guatemala peace process
- Parties
-
For the Government of Guatemala:
Signed:
Gustavo PORRAS CASTEJON
Richard AITKENHEAD CASTILLO
Raquel ZELAYA ROSALES
Otto PEREZ MOLINA Brigadier General
For the Unidad Revolucionaria National Guatemalteca:
Signed:
Jorge E. ROSAL MELENDEZ
Ricardo RAMIREZ DE LEON (Commander Rolando MORÁN
Jorge Ismael SOTO GARCÍA (Commander Pablo MONSANTO)
Ricardo ROSALES ROMÁN (Carlos GONZÁLES) - Third parties
-
For the Untied Nations:
(Signed) Jean ARNAULT - Description
- Provided guide for implementation of all commitments undertaken since 1994. Mandate of the Commission for Historical Clarification set for six months, with possibility of one extension. Requested that the UN establish a mission to verify all agreements.
Groups
- Children/youth
- Groups→Children/youth→SubstantivePage 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation
Schooling
145. By the year 2000, provide access for all those between the ages of 7 and 12 to at least three years of schooling.
Page 26, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation
Infant and maternal mortality
151. By the year 2000, reduce infant and maternal mortality to 50 per cent of the 1995 rate. - Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
- Groups→Migrant workers→SubstantivePage 27, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Protection of rural workers
160. Adopt administrative and/or criminal penalties against those responsible for abuses against migrant agricultural workers, farmhands, tenant farmers and day labourers in the context of hiring through middlemen, sharecropping, payment in kind and the use of weights and measures. - Racial/ethnic/national group
- Groups→Racial/ethnic/national group→SubstantivePage 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
Joint Commission on Education Reform
20. Establish the Joint Commission on Education Reform, comprising representatives of the Government and of indigenous organizations, to design educational reforms consistent with Guatemala's cultural and ethnic diversity.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Penal Code
177. In accordance with the conclusions of the Commission on the Strengthening of the Justice System, sponsor and introduce in the Congress of the Republic amendments to the Penal Code that will:
(a) Characterize ethnic discrimination as a crime,- - Religious groups
No specific mention.
- Indigenous people
- Groups→Indigenous people→SubstantivePage 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
... D. Agreement on identity and rights of indigenous peoples Official Recognition Commission
Page 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
18. Set up the Commission for the Official Recognition of Indigenous Languages, with the participation of representatives of linguistic communities and the Academy of Mayan Languages of Guatemala, which shall study arrangements for granting official recognition, taking account of linguistic and territorial criteria.
Page 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
Commission on Holy Places
19. Establish the Commission on Holy Places, made up of representatives of the Government and indigenous organizations and of indigenous spiritual guides, to identify such places and lay down rules for their preservation.
Page 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
Joint Commission on Education Reform
20. Establish the Joint Commission on Education Reform, comprising representatives of the Government and of indigenous organizations, to design educational reforms consistent with Guatemala's cultural and ethnic diversity.
Page 17, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, D. Agreement on Identity and Rights of Indigenous Peoples,
Joint Commission on Reform and Participation
83. Set up the Joint Commission on Reform and Participation, composed of representatives of the Government and representatives of indigenous organizations.
Page 17, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, D. Agreement on Identity and Rights of Indigenous Peoples,
Joint Commission on Land Rights
84. Set up the Joint Commission on Land Rights, composed of representatives of the Government and representatives of indigenous organizations.
Page 18, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, D. Agreement on Identity and Rights of Indigenous Peoples,
Office for the Defence of Indigenous Women's Rights
85. Set up an Office for the Defence of Indigenous Women's Rights, with the participation of such women, to provide, inter alia, legal advisory- services and social services.
Page 18, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation
Advisory Commission on Educational Reform
89. The Ministry of Education shall set up the Commission, which shall consist of participants in the educational process, including representatives of the Education Reform Commission set up pursuant to the Agreement on Identity and Rights of Indigenous Peoples.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, A. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Use of indigenous languages and bilingual training
140. In keeping with the conclusions of the Commission for the Official Recognition of Indigenous Languages, promote the use of indigenous peoples' languages in the provision of State social services at the community level and promote the bilingual training of judges and court interpreters from and into indigenous languages.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, A. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Temples, ceremonial centres and holy places
141. In keeping with the conclusions of the Commission on Holy Places, promote with the participation of indigenous peoples the necessary legal measures to ensure the restructuring of State entities responsible for the preservation and administration of temples and ceremonial centres of archaeological value, as well as changes in the regulations for the protection of ceremonial centres of archaeological value, in order to ensure respect for Mayan spirituality.
Page 30, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Municipal Code
176. Sponsor amendments to the Municipal Code to encourage the participation of indigenous communities in decision-making on matters affecting them and to stipulate that deputy mayors be appointed by the municipal mayor, taking into account the proposals made by local residents in open town council meetings. - Other groups
No specific mention.
- Refugees/displaced persons
- Groups→Refugees/displaced persons→SubstantivePage 5, ANNEX I, I PRESENTATION OF THE TIMETABLE, Content of the phases,
4. Based on the above, the main, but not sole, emphasis in each phase shall be on the following:
... (iii) Carrying out other types of action linked to the consequences of the armed conflict, such as developing the programme for compensating victims and continuing to care for refugees and displaced persons;
Page 6, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable,
6. With a view to implementing the Timetable, the Parties have divided the commitments set out in the Agreements into four thematic areas:
... (a) Resettlement, integration of URNG and national reconciliation;
Page 7, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Documentation,
11. Sponsor in the Congress of the Republic the necessary amendments to the Act on the Personal Documentation of the Population Uprooted by the Internal Armed Conflict (Decree 73-95). Such amendments, in addition to solving the documentation problems of uprooted population groups, shall resolve the lack of personal documentation of URNG members. The Congress of the Republic shall be asked to consider and resolve this issue in the two months following the introduction of the corresponding initiative.
Page 7, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Identification of land for the resettlement of uprooted persons
12. Present existing studies concerning State, municipal and private land with an option to buy (location, legal regime, acquisition, size, boundaries and agricultural suitability), for the purpose of resettling uprooted population groups.
Page 7, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Fund for the Resettlement of Uprooted Population Groups
14. Establish a fund for the implementation of the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict.
Page 7, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Plan for the education of uprooted population groups
15. Request the United Nations Educational, Scientific and Cultural Organization (UNESCO) to submit a specific plan for the education of uprooted population groups.
Page 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Resettlement of uprooted population groups
16. Speed up the ongoing negotiations between the Government, refugees and displaced persons to ensure the voluntary return of uprooted persons to their place of origin, or to a location of their choice, in dignity and safely.
Page 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
C. Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that have Caused the Guatemalan Population to Suffer,
Clarification Commission,
17. The members of the Commission shall be appointed and shall set the date on which it is to be established and to begin functioning. The Commission shall complete its work within six months of its establishment, but that period may be extended by a further six months, if the Commission so decides.
Page 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, B. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Identification of land for the resettlement of uprooted persons,
74. Conduct further studies to identify State, municipal and private land with an option to buy, for the purpose of resettling uprooted population groups,
Page 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, B. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Resettlement,
75. Conclude the planning and/or resolution of the processes of return and transfer for the resettlement of uprooted population groups, based on their freely expressed wishes and decisions.
Page 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, B. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Documentation,
76. Step up the personal documentation process for all those who do not have such documentation, particularly uprooted population groups and URNG members, including formal registration of the children of uprooted persons and URNG members born abroad.
Page 17, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, B. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Productive integration of uprooted population groups,
77. Undertake productive integration programmes, as part of a policy of sustainable development with equity, in resettlement areas and regions. See "Agreement on Social and Economic Aspects and the Agrarian Situation",
paragraphs 102, 103 and 106 of this Agreement.
Page 17, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, B. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Implementation of the education plan
80. Recognize the formal and non-formal educational levels of uprooted persons and the non-formal studies of education and health outreach workers.
Page 21, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Prompt settlement of land disputes,
108. Taking into account the commitments made in the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and the Agreement on Identity and Rights of Indigenous Peoples and the recommendations on the Joint Commission on Rights relating to Indigenous Peoples' Land, the Government undertakes to establish and apply flexible procedures for the settlement of disputes over land and other natural resources (in particular, direct settlement and conciliation). In addition, it shall establish procedures for defining formulas for compensation in the case of land disputes and claims in which farmers, small farmers and communities in a situation of extreme poverty have been or may be dispossessed for reasons not attributable to them. The uprooted population will require special attention in this connection.
Page 24, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, A. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Protection of Guatemalan nationals outside the country,
138. Strengthen the policy of ensuring protection for Guatemalan nationals outside the country, especially members of the uprooted population living abroad, and make the necessary arrangements with host countries to ensure that this population has stable immigrant status. - Social class
No specific mention.
Gender
- Women, girls and gender
- Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Expansion of the National Agricultural Development Council
22. Strengthen and expand the participation of small farmers' organizations, rural women, indigenous organizations, cooperatives, producers' associations and non-governmental organizations in the National Agricultural Development Council (CONADEA), as the main mechanism for consultation, coordination and participation in the decision-making process for rural development.
Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Women's forum
29. Promote the convening of a women's forum on the commitments concerning women's rights and participation set out in the Peace Agreements.
Page 18, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, D. Agreement on Identity and Rights of Indigenous Peoples,
Office for the Defence of Indigenous Women's Rights,
85. Set up an Office for the Defence of Indigenous Women's Rights, with the participation of such women, to provide, inter alia, legal advisory- services and social services.
Page 18, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Participation of women in economic and social development,
88. Taking into account the results of the forum envisaged in paragraph 29 of this Agreement, follow up the commitments concerning women set out in the Peace Agreements.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Schooling,
145. By the year 2000, provide access for all those between the ages of 7 and 12 to at least three years of schooling.
Page 26, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Infant and maternal mortality,
151. By the year 2000, reduce infant and maternal mortality to 50 per cent of the 1995 rate.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Penal Code,
177. In accordance with the conclusions of the Commission on the Strengthening of the Justice System, sponsor and introduce in the Congress of the Republic amendments to the Penal Code that will:
... (b) Characterize sexual harassment as a crime;
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Participation of women
178. Evaluate the progress made in women's participation and, on this basis, draw up the corresponding plan of action. - Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
- Page 15, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Family reunification,
65. Initiate the necessary measures to enable URNG members to be reunited with their families. The Government undertakes to extend all necessary facilities to that end
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 22, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Modernization of the executive branch 119. Sponsor and introduce in the Congress of the Republic:
(a) Amendments to the Act governing the executive branch; and
(b) Amendments to the Purchasing and Procurement Act to promote the decentralization of government support services.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Strategic Analysis Secretariat,
123. Establish the Strategic Analysis Secretariat to inform and advise the President of the Republic, with a view to anticipating, preventing and resolving situations posing any kind of danger or threat to the democratic State.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Civil Intelligence and Information Analysis Department of the Ministry of the Interior
125. Establish a Civil Intelligence and Information Analysis Department under the Ministry of the Interior, with responsibility for gathering information to combat organized crime and ordinary crime by the means and within the limits authorized by the legal system, subject to strict respect for human rights.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Registers of arms and ammunition
131. Transfer to the Ministry of the Interior the registers which are currently with the Arms and Munitions Control Department of the Ministry of Defence. - Elections
- Page 10-11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, G. Agreement on Constitutional Reforms and the Electoral Regime,
Electoral Reform Commission,
36. Request the Supreme Electoral Tribunal to establish and preside over an Electoral Reform Commission charged with publishing a report and making a series of recommendations on electoral reform and the corresponding legislative amendments. It is recommended that the Commission be constituted no later than three months after the signing of the Agreement on a Firm and Lasting Peace, with the representatives indicated in the Agreement. Moreover, it is recommended that the Commission complete its work no later than six months from the date of its establishment - Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
- Page 4-5, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable, Article 3
... (f) To promote the effective participation of all social sectors in meeting their needs, particularly in establishing public policies concerning them, and accordingly, to set timetables for those actions that depend on the consensus-building mechanisms provided for in the Agreements, taking into account their outcome; and
Page 6, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable, Article 6
... (d) Modernization of the democratic State, including strengthening of the capacity for participation and consensus-building of the various components of civil society.
Page 6, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable, Article 8
8. Reiterating that the implementation of the Peace Agreements must enable all the country's social and political forces to undertake in a cooperative and responsible spirit the immediate tasks of fighting poverty, discrimination and privilege, the Government has undertaken to promote such action with the effective participation of all social sectors.
Page 6, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable, Article 9
9. The Parties call on the various sectors of Guatemalan society to take a leading role in implementing the development agenda set out in the Agreements. They also call on the international community to continue to support national efforts, particularly during the initial phases of the implementation process, while Guatemala is building its own capacities in the areas of human, institutional and financial resources.
Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation
Expansion of the National Agricultural Development Council,
22. Strengthen and expand the participation of small farmers' organizations, rural women, indigenous organizations, cooperatives, producers' associations and non-governmental organizations in the National Agricultural Development Council (CONADEA), as the main mechanism for consultation, coordination and participation in the decision-making process for rural development.
Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education programme,
25. Present a national civic education programme for democracy and peace that promotes the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Page 17, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, D. Agreement on Identity and Rights of Indigenous Peoples,
Joint Commission on Reform and Participation,
83. Set up the Joint Commission on Reform and Participation, composed of representatives of the Government and representatives of indigenous organizations.
Joint Commission on Land Rights,
84. Set up the Joint Commission on Land Rights, composed of representatives of the Government and representatives of indigenous organizations.
Page 19, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education,
91. Design and produce the necessary materials for implementing the national civic education programme for democracy and peace that is to promote the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Page 19, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Community participation in housing,
97. Encourage the establishment and strengthening of community participation systems, such as cooperatives and self-managed and family businesses, to ensure that beneficiaries are able to participate in the execution of plans, the construction of housing and the provision of services.
Page 20-21, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Credit and financial services,
106. Promote conditions enabling small and medium-scale farmers to have access to credit, individually or in groups, on a financially sustainable basis. In particular, with the support of the business sector and non-governmental development organizations, promote the strengthening of local savings and loan agencies, such as associations, cooperatives and the like, so that they can provide credit and financial services to small and medium-sized businesses efficiently and in accordance with local needs and conditions.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Civic Service Act,
129. Sponsor in the Congress of the Republic a Civic Service Act that will include military service and community service, based on the agreement reached by the joint working group which is currently considering the matter.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Municipal Code,
176. Sponsor amendments to the Municipal Code to encourage the participation of indigenous communities in decision-making on matters affecting them and to stipulate that deputy mayors be appointed by the municipal mayor, taking into account the proposals made by local residents in open town council meetings.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Public Order Act
181. Sponsor and introduce a proposal for a new Public Order Act that is consistent with democratic principles and the strengthening of civilian power.
Page 31, ANNEX II, V. FOLLOW-UP COMMISSION,
Composition 190. The Follow-up Commission shall be composed as follows:
... (b) Four citizens from different sectors of the population, who shall be invited to join the Commission by mutual agreement of the Parties to the peace negotiations; - Traditional/religious leaders
No specific mention.
- Public administration
- Page 22, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation
Professionalization and upgrading of public servants 117. Sponsor and introduce bills:
(a) Establishing a career civil service; and
(b) Ensuring genuine compliance with the Integrity and Accountability Act.
Page 29, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Decentralization of public administration,
174. Sponsor and introduce in the Congress of the Republic amendments to the Act on the Governance of the Departments of the Republic making it possible to streamline and decentralize public administration, and propose that departmental governors be appointed by the President of the Republic, taking into consideration candidates proposed by the non-governmental representatives of departmental development councils.
Modernization of public administration
Page 29, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Decentralization of public administration,
175. Decentralize support systems, including the purchasing and procurement system, the human resources system, the information and statistics system, the financial management system and the revenue collection system. - Constitution
- Governance→Constitution→Constitutional reform/makingPage 10, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, G. Agreement on Constitutional Reforms and the Electoral Regime
Constitutional reforms,
35. The Government of the Republic shall place before the Congress of the Republic the draft constitutional amendments contained in sections A and B of the Agreement on Constitutional Reforms and the Electoral Regime.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Act establishing the armed forces,
186. Sponsor and introduce amendments to the Act establishing the Guatemalan armed forces, as and when the proposed constitutional amendments take effect, in order to bring it into line with the content of the Peace Agreements.
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 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education programme,
25. Present a national civic education programme for democracy and peace that promotes the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Page 22, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Norms for the preparation and implementation of the budget,
116. Starting in 1997, incorporate annually into the norms and guidelines for the preparation of the preliminary draft General Budget of State Revenues and Expenditures the priority that must be given to social spending, basic public services, physical infrastructure in support of production, the strengthening of human rights bodies and compliance with the Peace Agreements.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Civil Intelligence and Information Analysis Department of the Ministry of the Interior,
125. Establish a Civil Intelligence and Information Analysis Department under the Ministry of the Interior, with responsibility for gathering information to combat organized crime and ordinary crime by the means and within the limits authorized by the legal system, subject to strict respect for human rights.
Page 26, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education,
149. Implement the national civic education programme for democracy and peace that is to promote the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Penal Code,
177. In accordance with the conclusions of the Commission on the Strengthening of the Justice System, sponsor and introduce in the Congress of the Republic amendments to the Penal Code that will:
... (d) Give priority to the criminal prosecution of those offences which are most detrimental to society; take into account the country's cultural differences and customs; fully protect human rights; and characterize threats and coercion against judicial personnel, bribery, graft and corruption as particularly serious offences which must be severely punished. - Bill of rights/similar
No specific mention.
- Treaty incorporation
- Page 20, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation
Labour inspection,
99. Decentralize and expand labour inspection services in order to strengthen the capacity to verify compliance with domestic labour norms and those deriving from the international labour conventions ratified by Guatemala.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society
Penal Code
177. In accordance with the conclusions of the Commission on the Strengthening of the Justice System, sponsor and introduce in the Congress of the Republic amendments to the Penal Code that will:
... (c) Bring the Penal Code into line with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination; and - Civil and political rights
- Human rights and equality→Civil and political rights→Vote and take partPage 30, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Municipal Code,
176. Sponsor amendments to the Municipal Code to encourage the participation of indigenous communities in decision-making on matters affecting them and to stipulate that deputy mayors be appointed by the municipal mayor, taking into account the proposals made by local residents in open town council meetings. - Socio-economic rights
- Human rights and equality→Socio-economic rights→WorkPage 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Review of labour legislation,
21. Submit a report on legal and regulatory changes introduced in 1996 to enforce labour laws and severely penalize violations, including violations of the minimum wage; non-payment, withholding and delaying of wages; occupational hygiene and safety; and the work environment, as well as legal and regulatory changes that need to be promoted in 1997.Human rights and equality→Socio-economic rights→HealthPage 26, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Decentralization of health services,
153. Put into effect the decentralized organization of the various levels of health care to ensure that health programmes and services are offered at the communal, regional and national levels, which are the basis of the national coordinated health system.Human rights and equality→Socio-economic rights→Social securityPage 26, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Social security,
154. Take the necessary measures to expand the coverage of the social security system and improve its benefits and the quality and efficiency of its services.Human rights and equality→Socio-economic rights→Cultural lifePage 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, D. Agreement on identity and rights of indigenous peoples Official Recognition Commission,
Joint Commission on Education Reform,
20. Establish the Joint Commission on Education Reform, comprising representatives of the Government and of indigenous organizations, to design educational reforms consistent with Guatemala's cultural and ethnic diversity.
Rights related issues
- Citizenship
- Rights related issues→Citizenship→Citizen, generalPage 32-33, ANNEX II, V. FOLLOW-UP COMMISSION,
Composition 190. The Follow-up Commission shall be composed as follows:
... (b) Four citizens from different sectors of the population, who shall be invited to join the Commission by mutual agreement of the Parties to the peace negotiations; - Democracy
- Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education programme,
25. Present a national civic education programme for democracy and peace that promotes the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education programme,
25. Present a national civic education programme for democracy and peace that promotes the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education programme,
Women's forum
29. Promote the convening of a women's forum on the commitments concerning women's rights and participation set out in the Peace Agreements.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Civic education,
149. Implement the national civic education programme for democracy and peace that is to promote the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts. - Detention procedures
No specific mention.
- Media and communication
- Rights related issues→Media and communication→Media rolesPage 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, A. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Radio Communications Act,
142. Sponsor and introduce in the Congress of the Republic amendments to the Radio Communications Act making frequencies available for indigenous projects. - Mobility/access
- Page 12, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Coordination zone,
45. A coordination zone extending a further 6 kilometres shall be established around each security zone. Movement by military units of the Guatemalan armed forces and CVDCs must be coordinated in advance with the United Nations verification authority.
Page 32-33, ANNEX II, VI. INTERNATIONAL VERIFICATION,
Powers,
200. In order to perform the above functions, the mission may establish itself and move freely throughout the national territory, interview any person or entity freely and privately, and obtain whatever information may be relevant. - Protection measures
- Rights related issues→Protection measures→Protection of civiliansPage 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Penal Code,
177. In accordance with the conclusions of the Commission on the Strengthening of the Justice System, sponsor and introduce in the Congress of the Republic amendments to the Penal Code that will:
... (d) Give priority to the criminal prosecution of those offences which are most detrimental to society; take into account the country's cultural differences and customs; fully protect human rights; and characterize threats and coercion against judicial personnel, bribery, graft and corruption as particularly serious offences which must be severely punished.Rights related issues→Protection measures→Protection of groupsPage 24, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, A. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Protection of Guatemalan nationals outside the country,
138. Strengthen the policy of ensuring protection for Guatemalan nationals outside the country, especially members of the uprooted population living abroad, and make the necessary arrangements with host countries to ensure that this population has stable immigrant status.
Page 27, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Protection of rural workers
160. Adopt administrative and/or criminal penalties against those responsible for abuses against migrant agricultural workers, farmhands, tenant farmers and day labourers in the context of hiring through middlemen, sharecropping, payment in kind and the use of weights and measures.Rights related issues→Protection measures→OtherPage 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, B. Agreement on Identity and Rights of Indigenous Peoples,
Temples, ceremonial centres and holy places
141. In keeping with the conclusions of the Commission on Holy Places, promote with the participation of indigenous peoples the necessary legal measures to ensure the restructuring of State entities responsible for the preservation and administration of temples and ceremonial centres of archaeological value, as well as changes in the regulations for the protection of ceremonial centres of archaeological value, in order to ensure respect for Mayan spirituality.
Page 27, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Land management,
155. Closely coordinate housing policy with land management policy, especially urban planning and environmental protection policies, to enable poor people to have access to housing with services in hygienic and environmentally sustainable conditions
Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Natural resources management concessions
168. By 1999, have awarded to small and medium-sized farmers' groups, legally incorporated as natural resources management concessions, 100,000 hectares within multi-use areas for the purposes of sustainable forest management, management of protected areas, ecotourism, protection of water sources and other activities compatible with the sustainable potential use of the natural resources of those areas. - Other
- Page 7, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict
Page 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, C. Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that have Caused the Guatemalan Population to Suffer
Clarification Commission
17. The members of the Commission shall be appointed and shall set the date on which it is to be established and to begin functioning. The Commission shall complete its work within six months of its establishment, but that period may be extended by a further six months, if the Commission so decides.
Page 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, D. Agreement on identity and rights of indigenous peoples,Official Recognition Commission,
18. Set up the Commission for the Official Recognition of Indigenous Languages, with the participation of representatives of linguistic communities and the Academy of Mayan Languages of Guatemala, which shall study arrangements for granting official recognition, taking account of linguistic and territorial criteria.
Page 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Land Office,
23. Set in motion the Presidential Office for Legal Assistance and Dispute Settlement in Land Matters, with nationwide coverage and the task of providing advice and legal assistance to small farmers and agricultural workers with a view to the full exercise of their rights.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Security of URNG,
61. The Government undertakes to adopt administrative measures to guarantee the necessary conditions for the effective exercise of the civil rights of URNG members, particularly the rights to life, security and physical integrity, and shall pay special attention to any complaints regarding violations of the security of URNG members. Respect for this undertaking shall be subject to special verification by the international verification authority, which may arrange for URNG members to be accompanied temporarily when the need arises.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Vocational guidance and training 62. URNG members shall receive vocational guidance and assistance during the demobilization phase, and subsequently if necessary. Once agreement is reached on the kind of economic activity in which they are to engage, they shall be eligible for specific programmes of technical and vocational training.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Health
63. In the demobilization, phase, ensure that combatants gathered at assembly points receive a medical check-up. The necessary action shall be taken to treat cases identified by the check-up, either in the camps or locally. The Special Integration Commission shall ensure that patients who require further treatment are referred to the corresponding services. This subprogramme shall be carried out in cooperation and consultation with the URNG medical team.
Page 15, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Legal assistance
64. Begin the provision of legal assistance to UNRG members to help them deal
with the legal aspects of their integration.
Page 15, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Family reunification
65. Initiate the necessary measures to enable URNG members to be reunited with their families. The Government undertakes to extend all necessary facilities to that end.
Page 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, A. Comprehensive Agreement on Human Rights,
Compensation,
70. Put into effect the programme of compensation for and/or assistance to victims of human rights violations and sponsor the relevant legislation, taking into account the recommendations of the Clarification Commission.
Page 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, A. Comprehensive Agreement on Human Rights,
Strengthening of institutions for the protection of human rights
73. Support initiatives for improving the technical and material conditions available to the Counsel for Human Rights in carrying out his tasks of investigation, monitoring and follow-up to ensure the full enjoyment of human rights in Guatemala.
Page 19, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Programme of financial support for education,
92. Develop and implement nationwide programmes of scholarships, study grants, economic assistance and other incentives to enable needy students to continue their education.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Schooling,
145. By the year 2000, provide access for all those between the ages of 7 and 12 to at least three years of schooling.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Schooling,
Literacy training
146. Raise the literacy rate to 70 per cent by the year 2000.
Page 33, ANNEX II, VI. INTERNATIONAL VERIFICATION,
Human rights,
198. The present United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA), with its own functions and powers, shall be a component of the mission mentioned in the preceding paragraph.
Rights institutions
- NHRI
- Rights institutions→NHRI→Mentions of NHRIPage 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, A. Comprehensive Agreement on Human Rights,
Strengthening of institutions for the protection of human rights
73. Support initiatives for improving the technical and material conditions available to the Counsel for Human Rights in carrying out his tasks of investigation, monitoring and follow-up to ensure the full enjoyment of human rights in Guatemala. - Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
- Justice sector reform→Criminal justice and emergency law→Reform to specific lawsPage 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Penal Code,
177. In accordance with the conclusions of the Commission on the Strengthening of the Justice System, sponsor and introduce in the Congress of the Republic amendments to the Penal Code that will:
(a) Characterize ethnic discrimination as a crime,-
(b) Characterize sexual harassment as a crime;
(c) Bring the Penal Code into line with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination; and
(d) Give priority to the criminal prosecution of those offences which are most detrimental to society; take into account the country's cultural differences and customs; fully protect human rights; and characterize threats and coercion against judicial personnel, bribery, graft and corruption as particularly serious offences which must be severely punished.Justice sector reform→Criminal justice and emergency law→Criminal Justice System reformPage 10, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Commission on the Strengthening of the Justice System,
31. The President of Guatemala shall sponsor the establishment Commission on the Strengthening of the Justice System, with the prepare within six months, following an extensive debate on the a report and a set of recommendations that can be implemented as soon as possible, in accordance with the agenda proposed in the Agreement. - State of emergency provisions
- Page 12, Restriction of airspace,
51. … (a) Military flights over security zones shall be prohibited except in the
event of a disaster or public emergency, in which case advance notice of such
flights shall be given to the United Nations verification authority; - Judiciary and courts
- Page 21, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Agrarian and environmental jurisdiction,
107. Promote the establishment of an agrarian and environmental jurisdiction within the judiciary, taking into account the provisions of the Agreement on Identity and Rights of Indigenous Peoples.
Page 22-23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society
Judicial training
120. Strengthen the Judicial Training School and the training unit of the Public Prosecutor's Office as the main bodies for the selection and further training of judges, magistrates and prosecutors.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, B. Agreement on Identity and Rights of Indigenous Peoples
Use of indigenous languages and bilingual training,
140. In keeping with the conclusions of the Commission for the Official Recognition of Indigenous Languages, promote the use of indigenous peoples' languages in the provision of State social services at the community level and promote the bilingual training of judges and court interpreters from and into indigenous languages.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Public spending on the justice system,
179. By the year 2000, increase public spending on the judiciary and the Public Prosecutor's Office as a proportion of GDP by 50 per cent over the 1995 level. - Prisons and detention
No specific mention.
- Traditional Laws
- Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, B. Agreement on Identity and Rights of Indigenous Peoples,
Customary law,
143. With the participation of indigenous organizations and taking into account the conclusions of the Joint Commission on Reform and Participation and the Joint Commission on Rights relating to Indigenous Peoples' Land, sponsor in the Congress of the Republic the necessary action to fulfil the commitments made in section E of the Agreement on Identity and Rights of Indigenous Peoples.
Socio-economic reconstruction
- Development or socio-economic reconstruction
- Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 5, ANNEX I, I PRESENTATION OF THE TIMETABLE, Content of the phases,
4. Based on the above, the main, but not sole, emphasis in each phase shall be on the following:
... (iv) Comprehensive strategy for rural development;
Page 6, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable, Article 6
... (b) Comprehensive human development;
(c) Sustainable development of production; and
Page 18, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
System of urban and rural development councils to ensure public participation,
86. In keeping with the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and the Agreement on Identity and Rights of Indigenous Peoples, the Government undertakes, as a matter of priority, to:
(i) re-establish the local development councils; (ii) sponsor an amendment to the Urban and Rural Development Council Act to broaden the range of sectors participating in the departmental and regional development councils; and
(iii) provide adequate funding for the council system, so as to promote public participation in identifying local priorities, the design of public programmes and projects and the integration of national urban and rural development policy.
Page 20, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Economic policy,
101. Encourage measures, in coordination with the various social sectors, to increase investment and productivity, within the framework of an overall strategy of growth with social stability and equity.
Page 20, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Government agricultural sector investment programme
102. Begin implementation of a government agricultural sector investment programme in production lines linked to agriculture, forestry and fisheries.
Page 20, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Rural development investment programme
103. Begin implementation of the rural development investment programme, paying special attention to areas where uprooted population groups are being resettled and areas where poverty is greatest, with emphasis on basic infrastructure (main roads, rural roads, electricity, telecommunications, water and environmental sanitation) and production projects, for a total of 300 million quetzales in 1997.
Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Rural development
167. Develop.a system for compiling, systematizing and disseminating agricultural, forestry, agro-industrial and fisheries information and a system of storage centres and free zones. Support the strengthening of the various forms of organization of micro-, small and medium-scale agricultural and rural enterprises and encourage the amalgamation of smallholdings if smallholders so desire.Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstructionPage 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Rural development investment programme for the period 1997-1999,
26. Develop and present a rural development investment programme, with emphasis on basic infrastructure (main roads, rural roads, electricity, telecommunications, water and environmental sanitation) and production projects, for a total of 300 million guetzales in 1997.
Page 29, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Rural development investment programme,
171. Continue the rural development investment programme, with emphasis on basic infrastructure (main roads, rural roads, electricity, telecommunications, water and environmental sanitation) and production projects, for a total of
300 million quetzales per year. - National economic plan
- Page 4, ANNEX I, I PRESENTATION OF THE TIMETABLE, Article 3
... (g) In view of the key role which the raising of fiscal revenues and the priority channelling of public spending towards social investment are to play in the implementation of the commitments laid down in the Peace Agreements, the Parties have agreed to set out in an appendix the programming of intermediate annual targets, in relation to gross domestic product (GDP), for increasing the tax burden, increasing public spending on education, health, public security and the justice system, and reducing defence spending in future years. Indicative targets for economic growth for the period 1997-2000 are also set out in the appendix.
Page 19, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation
Public spending on housing,
96. Allocate to housing policy the equivalent of no less than 1.5 per cent of tax revenues from the General Budget of State Revenues and Expenditures for 1998, giving priority to subsidizing the demand for low-cost housing options and, to that end, strengthening the Guatemalan Housing Fund (FOGUAVI) and the Housing Subsidy Fund (FOSUVI).
Page 22, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Norms for the preparation and implementation of the budget,
116. Starting in 1997, incorporate annually into the norms and guidelines for the preparation of the preliminary draft General Budget of State Revenues and Expenditures the priority that must be given to social spending, basic public services, physical infrastructure in support of production, the strengthening of human rights bodies and compliance with the Peace Agreements.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Public spending on education,
144. By the year 2000, increase public spending on education as a proportion of the gross domestic product (GDP) by 50 per cent over the 1995 level.
Page 26, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Public spending on education,
Public spending on health
150. By the year 2000, increase public spending on health as a proportion of GDP by 50 per cent over the 1995 level and allocate at least 50 per cent of public health spending to preventive health care.
Page 27, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Public spending on housing,
156. Allocate annually to the housing promotion policy no less than 1.5 per cent of tax revenues from the General Budget of State Revenues and Expenditures, giving priority to subsidizing the demand for low-cost housing options.
Page 27, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Housing stock,
158. Encourage the supply of housing-related services, housing options and building materials that are of good quality and reasonably priced.
Page 29, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Government agricultural sector investment programme
169. Implement the government agricultural sector investment programme in production lines linked to agriculture, forestry and fisheries, for a cumulative total of 200 million quetzales.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Public spending on the justice system,
179. By the year 2000, increase public spending on the judiciary and the Public Prosecutor's Office as a proportion of GDP by 50 per cent over the 1995 level.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Public security
185. By the year 2000, have increased public spending on public security as a proportion of GDP by 50 per cent over the 1995 level.
Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Armed forces budget
187. Redirect and reallocate the budget of the Guatemalan armed forces to the constitutional functions and military doctrine referred to in this Agreement, making optimum use of available resources in order to achieve, by 1999, a 33 per cent reduction in military spending as a proportion of GDP over the 1995 level. - Natural resources
- Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Natural resources management concessions
168. By 1999, have awarded to small and medium-sized farmers' groups, legally incorporated as natural resources management concessions, 100,000 hectares within multi-use areas for the purposes of sustainable forest management, management of protected areas, ecotourism, protection of water sources and other activities compatible with the sustainable potential use of the natural resources of those areas.
Page 29, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Renewable natural resources management programme
170. Promote a renewable natural resources management programme which fosters sustainable forestry and agroforestry production, as well as handicrafts, ecotourism and small- and medium-scale industrial projects that give added value to forestry products. - International funds
- Page 15, Rules of the Special Integration Commission
67. The Special Commission shall, by means of specific rules to be adopted no later than 30 days after it is set up, organize its responsibilities in the areas of coordination, financial management and decision-making with respect to subprogrammes and projects deriving from the Agreement on the Basis for the Legal Integration of URNG. The Special Commission shall likewise identify, in consultation with donor and cooperating countries and agencies, appropriate financial mechanisms, including the possibility of trust funds, to facilitate the flexible and effective implementation of the integration programme. - Business
No specific mention.
- Taxation
- Socio-economic reconstruction→Taxation→Reform of taxationPage 9, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Legislation and strengthening of tax administration,
27. Submit a report on: (a) amendments made to the Tax Code and other legislation in 1996 to eliminate loopholes and establish harsher penalties for tax evasion, avoidance and fraud; (b) steps taken to ensure the correct and
prompt application of or reimbursement of the tax credit and to punish severely those who do not return withheld value-added tax to the tax authorities; and (c) any additional measures that may be deemed necessary.
28. Promote and present initiatives to strengthen institutional mechanisms for revenue collection and auditing.
Page 21, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Land tax,
110. Sponsor legislation and mechanisms for imposing, in consultation with municipalities, a land tax in rural areas in which it is easy for the municipalities to collect revenues. The tax, from which small properties shall be exempt, will help to discourage owners from leaving land unused or underused. It must not encourage deforestation of woodlands.
Page 21, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Tax administration,
111. Strengthen existing auditing and collection mechanisms, such as cross- checking, tax identification numbers and tax credits for withholding of income tax and value-added tax.
112. Keep in operation a special programme targeting big taxpayers to make sure that they meet their tax obligations in full.
113. Evaluate and strictly regulate tax exemptions in order to eliminate abuse.
Page 22, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Tax administration,
114. Put into operation administrative structures that are specifically geared to revenue collection and auditing programmes and to the application of the corresponding tax laws.
115. Simplify and automate tax administration operations.
Page 29, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Tax system,
172. Design and present a methodology for evaluating whether the tax system is universally progressive, in line with the basic principles established in the Agreement on Social and Economic Aspects and the Agrarian Situation.
Page 29, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Tax system,
Tax burden
173. Take the necessary action and put forward the necessary proposals to ensure that, by the year 2000, the tax burden as a proportion of GDP is at least 50 per cent greater than in 1995. - Banks
- Socio-economic reconstruction→Banks→Personal or commercial bankingPage 20, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Trust,
105. The Land Trust Fund shall set up a trust in a participating banking institution to provide credit and promote savings, preferably for micro-, small and medium-sized enterprises.
Land, property and environment
- Land reform/rights
- Land, property and environment→Land reform/rights→Land reform and managementPage 20, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Land Trust Fund,
104. Sponsor and introduce in the Congress of the Republic a bill setting up the Land Trust Fund. Such bill shall establish, inter alia, the Fund's aims, functions and funding and allocation mechanisms and the origin and future use of land. The Agreement on Social and Economic Aspects and the Agrarian Situation stipulates that the Land Trust Fund must begin operations by 1997 at the latest.
Page 21, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Land registry,
109. Sponsor legislative changes that will make it possible to establish an efficient decentralized multi-user land registry system that is financially sustainable, subject to compulsory updating and easy to update.
Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation
Land tenure,
162. Sponsor and introduce in the Congress of the Republic a bill establishing a legal framework for land tenure that is secure, simple and accessible to the entire population.
Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation
Land tenure,
Modernization of the land registry system,
163. Have launched the efficient decentralized multi-user land registry system that is financially sustainable, subject to compulsory updating and easy to update.
Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation
Land tenure,
Unused land,
165. Sponsor amendments to the legislation on unused land to bring it into line with the Constitution, and regulate by means of incentives and penalties the underuse of land and its use in a manner incompatible with sustainable natural resources use and environmental conservation. Such amendments should include a new tax scale for the annual tax on unused land, imposing significantly higher taxes on privately owned unused and/or underused land.Land, property and environment→Land reform/rights→Property return and restitutionPage 21, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, E. Agreement on Social and Economic Aspects and the Agrarian Situation,
Prompt settlement of land disputes,
108. Taking into account the commitments made in the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and the Agreement on Identity and Rights of Indigenous Peoples and the recommendations on the Joint Commission on Rights relating to Indigenous Peoples' Land, the Government undertakes to establish and apply flexible procedures for the settlement of disputes over land and other natural resources (in particular, direct settlement and conciliation). In addition, it shall establish procedures for defining formulas for compensation in the case of land disputes and claims in which farmers, small farmers and communities in a situation of extreme poverty have been or may be dispossessed for reasons not attributable to them. The uprooted population will require special attention in this connection.
Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation
Land tenure,
Regularization of the award of title to land,
164. Regularize the award of tile for lands belonging to indigenous communities and uprooted population groups and for beneficiaries of the National Institute for Agrarian Reform (INTA) who are the lawful owners of the land which they have been granted. With respect to communal land, regulate participation by the communities concerned to ensure that it is they who take the decisions concerning their land.
Page 28, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation
Land tenure,
Evaluation of awards made by the Land Trust Fund,
166. In 1999, evaluate whether awards made by the Land Trust Fund have achieved their objectives and, if necessary, change the way in which the programme operates. - Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
- Land, property and environment→Cultural heritage→PromotionPage 8, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, D. Agreement on identity and rights of indigenous peoples Official Recognition Commission,
Commission on Holy Places
19. Establish the Commission on Holy Places, made up of representatives of the Government and indigenous organizations and of indigenous spiritual guides, to identify such places and lay down rules for their preservation.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, B. Agreement on Identity and Rights of Indigenous Peoples,
Temples, ceremonial centres and holy places
141. In keeping with the conclusions of the Commission on Holy Places, promote with the participation of indigenous peoples the necessary legal measures to ensure the restructuring of State entities responsible for the preservation and administration of temples and ceremonial centres of archaeological value, as well as changes in the regulations for the protection of ceremonial centres of archaeological value, in order to ensure respect for Mayan spirituality.
Page 25, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, B. Agreement on Identity and Rights of Indigenous Peoples,
Use of indigenous languages and bilingual training,
140. In keeping with the conclusions of the Commission for the Official Recognition of Indigenous Languages, promote the use of indigenous peoples' languages in the provision of State social services at the community level and promote the bilingual training of judges and court interpreters from and into indigenous languages. - Environment
- Page 27, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, C. Agreement on Social and Economic Aspects and the Agrarian Situation,
Land management,
155. Closely coordinate housing policy with land management policy, especially urban planning and environmental protection policies, to enable poor people to have access to housing with services in hygienic and environmentally sustainable conditions - Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
- Page 5, ANNEX I, I PRESENTATION OF THE TIMETABLE,
Content of the phases,
4. Based on the above, the main, but not sole, emphasis in each phase shall be on the following:
... (vi) Restructuring of domestic security policy and national defence policy.
Page 7, Annex II B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict,
Mine clearance,
13. Implement a programme for clearing all types of mines, bearing in mind that both the Guatemalan armed forces and URNG are to provide the United Nations with detailed information on explosives, mines and existing minefields.
Page 11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Security zone,
43. A security zone with a radius of 6 kilometres shall be established around each assembly point in which no units of the Guatemalan armed forces, Voluntary Civil Defence Committees (CVDCs) or members of URNG may be present.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Security of URNG,
61. The Government undertakes to adopt administrative measures to guarantee the necessary conditions for the effective exercise of the civil rights of URNG members, particularly the rights to life, security and physical integrity, and shall pay special attention to any complaints regarding violations of the security of URNG members. Respect for this undertaking shall be subject to special verification by the international verification authority, which may arrange for URNG members to be accompanied temporarily when the need arises.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Advisory Council on Security,
122. Set up the Advisory Council on Security.
Page 31, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society
Public security
185. By the year 2000, have increased public spending on public security as a proportion of GDP by 50 per cent over the 1995 level.
Page 36, Appendix, PROGRAMMING OF INDICATIVE MINIMUM TARGETS 1997-2000,
Summary: Table gives minimum funding targets for, amongst other things, public security. - Ceasefire
- Security sector→Ceasefire→Ceasefire provisionPage 11-13, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire,
Entry into force,
37. The ceasefire shall enter into force as of 0000 hours on D-Day, the date on which the United Nations verification mechanism shall be in place with full operational capacity. This phase must be completed by no later than D+60, with the.demobilization of URNG.
38. The Parties undertake to maintain the current cessation of offensive military activity by URNG and of counter-insurgent military activities by the Guatemalan armed forces until D-Day.
39. The United Nations shall notify the Parties of the establishment of the verification mechanism as soon as possible, so that D-Day may be set.
Page 11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Verification sites,
41. For purposes of verification, during the period of the ceasefire, representatives of the United Nations shall be present in the military units of the Guatemalan armed forces designated in annex C and at the URNG assembly points specified in annex A to the Agreement on the Definitive Ceasefire.
Page 11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Ban on political propaganda,
42. During troop movements and once at the assembly points, the assembled forces may not engage in any propaganda or political activities beyond the assembly points.
Page 11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Security zone,
43. A security zone with a radius of 6 kilometres shall be established around each assembly point in which no units of the Guatemalan armed forces, Voluntary Civil Defence Committees (CVDCs) or members of URNG may be present.
44. Only United Nations verification units may have access to these zones. Police activities may be carried out subject to coordination with the United Nations verification authority.
Page 12, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Coordination zone,
45. A coordination zone extending a further 6 kilometres shall be established around each security zone. Movement by military units of the Guatemalan armed forces and CVDCs must be coordinated in advance with the United Nations verification authority.
Page 12, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Information concerning troops and armaments
46. URNG shall provide the United Nations with detailed information on the number of troops, list of names, inventories of weapons, explosives and mines, and all other necessary information concerning the existence of minefields, munitions and other military equipment, both in their possession and in storage. The Guatemalan armed forces shall likewise provide updated information on the number of troops in the units to be redeployed which are identified in annex C to the Agreement on the Definitive Ceasefire. Both Parties shall transmit this information to the verification authority no later than D+15.
47. The Parties agree to transmit to the verification authority within the time agreed with both of them any additional information required by the authority.
Page 12, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Start of redeployment
48. Redeployment of the units of the Guatemalan armed forces designated in annex C to the Agreement on the Definitive Ceasefire shall begin on D+2 and shall continue until D+10, or earlier, if possible.
49. URNG troops shall begin to move towards the assembly points designated in annex A to the Agreement on the Definitive Ceasefire from D+ll to D+21, or earlier, if possible. They shall be accompanied in this move by the verification mission.
50. The Parties shall communicate to the United Nations verification authority no later than D-10 the full programme for the moves of their respective forces (composition, route to be taken, when the move is to begin and any other information needed to complete the verification).
Page 12, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Restriction of airspace
51. This shall enter into force on D-Day; utilization of airspace shall remain restricted as follows:
(a) Military flights over security zones shall be prohibited except in the event of a disaster or public emergency, in which case advance notice of such flights shall be given to the United Nations verification authority;
(b) Military flights over coordination zones shall be permitted with advance notification to the United Nations verification mission
Page 13, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Logistical support commission
54. A commission made up of representatives of URNG and of the Government of Guatemala shall be established, under the coordination of the United Nations, in order to provide logistical support to the ceasefire and demobilization process. The number of members of the Commission shall be determined in accordance with needs.
Page 13, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Start of verification
56. Verification shall start on D-Day when the ceasefire comes into effect, in accordance with the provisions of the Agreement on the Definitive Ceasefire, without thereby restricting fulfilment by the Guatemalan armed forces of their constitutional function in the rest of the national territory. - Police
- Page 10, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
National Civil Police,
32. Sponsor and introduce the legislative proposal regulating the functioning of the new National Civil Police.
Page 10, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Police Academy,
33. Stipulate that members of the new police force shall receive training at the Police Academy, where they shall be given extensive professional preparation and imbued with a culture of peace, respect for human rights and democracy, and obedience to the law.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society
National Civil Police
126. Put forward the proposals and take the action necessary to establish a career police service.
127. Promote action and programmes to strengthen the Police Academy so that it can train new police personnel as officers, inspectors, commanders and superintendents and retrain existing personnel.
128. Define procedures for ensuring that admission to the police profession and advancement and specialization within it take place through the Police Academy.
Page 31, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society
Private security companies
183. Sponsor and introduce a bill regulating the functioning and scope of private security companies, with a view to monitoring their activities and the professionalism of their personnel, and ensure, in particular, that such companies and their employees limit their operations to their own sphere of activity, under the strict control of the National Civil Police.
National Civil Police
184. By late 1999, have the National Civil Police functioning throughout the national territory, with a force of at least 20,000 members. - Armed forces
- Page 24, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Restructuring of the armed forces,
132. Make the public educational, financial, health, commercial, assistance and insurance institutions, facilities and units corresponding to the needs and functions of the Guatemalan armed forces operate under the same conditions as other similar non-profit institutions. All graduates of the Adolfo V. Hall Institutes shall join the country's military reserves. Find an appropriate use for the television frequency assigned to the Guatemalan armed forces.
Page 24, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Disbanding of the Mobile Military Police,
133. Disband and demobilize the Mobile Military Police.
Page 24, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Reorganization and deployment of military forces,
134. Reorganize the deployment of military forces within the national territory, stationing them for purposes of national defence, border control and protection of Guatemala's maritime and territorial jurisdiction and airspace.
Page 24, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Reduction of the armed forces,
135. Reduce the size of the Guatemalan armed forces by 33 per cent, based on current manning and equipment levels.
Page 24, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Reintegration of demobilized members of the armed forces,
136. Put into effect programmes for the productive reintegration of any members of the armed forces who may be demobilized. - DDR
- Security sector→DDR→DDR programmesPage 6, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable, Article 6
... (a) Resettlement, integration of URNG and national reconciliation;
Page 10, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Demobilization of the Voluntary Civil Defence Committees,
34. Conclude the demobilization and disarming of the Voluntary Civil Defence Committees within 3 0 days of the repeal of the decree creating them.
Page 13, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Control of armaments,
52. From D+ll to D+42 in URNG assembly points, weapons, munitions and other military equipment shall be deposited in special warehouses designated by the United Nations; combatants, however, shall keep their personal equipment and weapons as long as they remain in those locations.
Page 13, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Operational aspects,
53. The phased demobilization of URNG combatants and their integration, within a framework of legality, into the civil, political, socio-economic and institutional life of the country shall take place in accordance with the provisions of the Agreement on the Basis for the Legal Integration of URNG and subject to the implementation of the Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements. The demobilization shall be carried out as follows:
(a) From D+43 to D+48: 33 per cent;
(b) From D+49 to D+54: 66 per cent;
(c) From D+55 to D+60: 100 per cent.
Page 13, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Logistical support commission,
54. A commission made up of representatives of URNG and of the Government of Guatemala shall be established, under the coordination of the United Nations, in order to provide logistical support to the ceasefire and demobilization process. The number of members of the Commission shall be determined in accordance with needs.
Page 13, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Handing over of weapons and munitions,
55. Prior to the demobilization of the last group of combatants, and by D+60 at the latest, URNG shall hand over to the United Nations all weapons and military equipment of its forces, whether in its possession or in storage.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Initial integration phase,
58. The demobilization stage shall last two months and means the ending of URNG structures at the agreed assembly points. This stage shall include such as the provision of temporary documentation and vocational and guidance, with a view to facilitating the subsequent integration of demobilized combatants. The verification authority shall transmit to the Special Integration Commission no later than D+30 a definitive list of demobilized combatants drawn up at assembly points.
59. URNG shall transmit to the verification authority by D-15 at the latest a list of members not subject to assembly who are to be beneficiaries of the initial integration phase. The authority shall, in turn, transmit such list to the Special Integration Commission once it has been set up.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Temporary documentation,
60. Request the verification authority to issue temporary documentation for demobilized combatants and other beneficiaries of the Agreement on the Basis for the Legal Integration of URNG.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Security of URNG,
61. The Government undertakes to adopt administrative measures to guarantee the necessary conditions for the effective exercise of the civil rights of URNG members, particularly the rights to life, security and physical integrity, and shall pay special attention to any complaints regarding violations of the security of URNG members. Respect for this undertaking shall be subject to special verification by the international verification authority, which may arrange for URNG members to be accompanied temporarily when the need arises.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Vocational guidance and training,
62. URNG members shall receive vocational guidance and assistance during the demobilization phase, and subsequently if necessary. Once agreement is reached on the kind of economic activity in which they are to engage, they shall be eligible for specific programmes of technical and vocational training.
Page 14, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Health,
63. In the demobilization,phase, ensure that combatants gathered at assembly points receive a medical check-up. The necessary action shall be taken to treat cases identified by the check-up, either in the camps or locally. The Special Integration Commission shall ensure that patients who require further treatment are referred to the corresponding services. This subprogramme shall be carried out in cooperation and consultation with the URNG medical team.
Page 15, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Legal assistance,
64. Begin the provision of legal assistance to UNRG members to help them deal with the legal aspects of their integration.
Page 15, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Family reunification,
65. Initiate the necessary measures to enable URNG members to be reunited with their families. The Government undertakes to extend all necessary facilities to that end.
Page 15, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca,
Special Integration Commission,
66. Set up the Special Integration Commission, which shall consist of an equal number of representatives from the Government and URNG and, in a consultative capacity, representatives from donor and cooperating countries and international cooperation agencies. The Commission shall be set up within 15 days following the signing of the Agreement on a Firm and Lasting Peace, and the Government shall issue the corresponding government decree to that effect.
Page 24, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, G. Agreement on the Basis for the Legal Integration of URNG,
Integration programme,
137. Implement the various aspects of the programme for the legal integration of URNG, including education, literacy training, housing, productive economic projects and family reunification.
Page 31, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, E. Agreement on the Basis for the Legal Integration of URNG,
Definitive integration phase,
188. One year after D+60, beneficiaries shall become eligible for longer-term services provided by the Government, including financial, legal and employment assistance, training and production projects, with a view to ensuring their lasting integration into the economic, social and cultural life of the country on the same terms as the rest of the Guatemalan population. Additional specific projects for URNG members shall be the responsibility of the Integration Foundation. The Parties call on international cooperation to provide technical and financial support to ensure the success of the definitive integration phase. - Intelligence services
- Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Supervision of State intelligence bodies,
124. Sponsor and introduce a law establishing procedures for the supervision of State intelligence bodies by a special commission of the legislative branch.
Page 23, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Civil Intelligence and Information Analysis Department of the Ministry of the Interior
125. Establish a Civil Intelligence and Information Analysis Department under the Ministry of the Interior, with responsibility for gathering information to combat organized crime and ordinary crime by the means and within the limits authorized by the legal system, subject to strict respect for human rights. - Parastatal/rebel and opposition group forces
- Page 15, Special Integration Commission
66. Set up the Special Integration Commission, which shall consist of an equal number of representatives from the Government and URNG and, in a consultative capacity, representatives from donor and cooperating countries and international cooperation agencies. The Commission shall be set
up within 15 days following the signing of the Agreement on a Firm and Lasting Peace, and the Government shall issue the corresponding government decree to that effect. - Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
- Page 30, ANNEX II, IV. TIMETABLE FOR 1998, 1999 AND 2000, D. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society,
Penal Code,
177. In accordance with the conclusions of the Commission on the Strengthening of the Justice System, sponsor and introduce in the Congress of the Republic amendments to the Penal Code that will:
... (d) Give priority to the criminal prosecution of those offences which are most detrimental to society; take into account the country's cultural differences and customs; fully protect human rights; and characterize threats and coercion against judicial personnel, bribery, graft and corruption as particularly serious offences which must be severely punished. - 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
- Page 17, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, C. Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that have Caused the Guatemalan Population to Suffer,
Clarification Commission,
82. Functioning of the Commission and a decision by it to either extend its mandate or deliver its report. - Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
- Page 7, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
Compensation for and/or assistance to victims of human rights violations,
10. Establish the State body responsible for public policy regarding compensation for and/or assistance to victims of human rights violations, and present a compensation programme.
Page 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, A. Comprehensive Agreement on Human Rights,
Compensation,
70. Put into effect the programme of compensation for and/or assistance to victims of human rights violations and sponsor the relevant legislation, taking into account the recommendations of the Clarification Commission.
Page 17, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, C. Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that have Caused the Guatemalan Population to Suffer,
Clarification Commission,
82. Functioning of the Commission and a decision by it to either extend its mandate or deliver its report. - Missing persons
No specific mention.
- Reparations
- Transitional justice→Reparations→Material reparationsPage 7, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997,
Compensation for and/or assistance to victims of human rights violations,
10. Establish the State body responsible for public policy regarding compensation for and/or assistance to victims of human rights violations, and present a compensation programme.
Page 16, ANNEX II, III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997, A. Comprehensive Agreement on Human Rights,
Compensation,
70. Put into effect the programme of compensation for and/or assistance to victims of human rights violations and sponsor the relevant legislation, taking into account the recommendations of the Clarification Commission. - Reconciliation
- Page 6, ANNEX I, I PRESENTATION OF THE TIMETABLE, Implementation of the Timetable, Article 6,
... (a) Resettlement, integration of URNG and national reconciliation;
Implementation
- UN signatory
- Signed by UN representative.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
- Page 11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Deployment of the verification mechanism,
40. From D-10 to D-Day the United Nations shall deploy its personnel and equipment in order to verify the ceasefire at the sites determined by the Parties in the annexes to the Agreement on the Definitive Ceasefire.
Page 11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Verification sites
41. For purposes of verification, during the period of the ceasefire, representatives of the United Nations shall be present in the military units of the Guatemalan armed forces designated in annex C and at the URNG assembly points specified in annex A to the Agreement on the Definitive Ceasefire.
Page 11, ANNEX II, II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997, H. Agreement on the Definitive Ceasefire Entry into force,
Security zone
... 44. Only United Nations verification units may have access to these zones. Police activities may be carried out subject to coordination with the United Nations verification authority. - Enforcement mechanism
- Entire agreement dedicated to the implementation of previous agreements.
Page 3, ANNEX, Preamble,
The Timetable set out in this Agreement provides a time-frame whose purpose is to make this national endeavour viable, as well as its follow-up by the international community, on the basis of a realistic approach and extensive consultation,
Page 4, ANNEX I, I PRESENTATION OF THE TIMETABLE,
2. The Follow-up Commission established under this Agreement shall determine the subsequent timetable for fulfilling the commitments referred to under subparagraphs (b), (c) and (d) above and shall, where necessary, reschedule the commitments set out in this Timetable, in order to ensure the proper implementation of the Peace Agreements.
Page 32-33, ANNEX II, V. FOLLOW-UP COMMISSION,
Composition 190. The Follow-up Commission shall be composed as follows:
(a) An equal number of representatives from each of the Parties to the peace negotiations;
(b) Four citizens from different sectors of the population, who shall be invited to join the Commission by mutual agreement of the Parties to the peace negotiations;
(c) The Congress of the Republic shall be asked to designate one of its members to represent it on the Commission;
(d) The head of the international verification mission, who shall have the right to speak but not to vote.
191. The Commission shall be constituted in January 1997.
Objective
192. To participate and be involved in the implementation of the Peace Agreements, so as to ensure that the process is effective and that the commitments made are properly fulfilled.
Page 32-33, ANNEX II, V. FOLLOW-UP COMMISSION,
Functions,
193. The Commission shall have the following functions:
(a) Analyse, from a political and technical standpoint, the progress made and the difficulties encountered in applying and executing the Implementation, Compliance and Verification Timetable for the Peace Agreements;
(b) Give prior consideration to the legislative proposals agreed to in the Peace Agreements and to be drafted by the executive branch pursuant to those Agreements, to help ensure that they are in keeping with the content of the Peace Agreements;
(c) Maintain communication, through the Peace Secretariat, with government bodies that have responsibilities in the areas of work identified in the Timetable, in order to stay abreast of progress in those areas;
(d) Schedule and reschedule targets and actions according to the need to comply with the Timetable and to ensure the effective functioning of the peace process;
(e) Maintain communication with and receive reports from the international verification authority;
(f) Provide support for efforts to obtain funding for the implementation of the commitments set out in the Peace Agreements; and
(g) Prepare and issue periodic reports on the progress made and the difficulties encountered in complying with the Timetable and the Peace Agreements and in carrying out the work entrusted to it.
Page 32-33, ANNEX II, VI. INTERNATIONAL VERIFICATION,
196. The Parties agree that international verification is essential for achieving greater certainty in the implementation of the Agreements signed and for strengthening confidence in the consolidation of peace.
197. In keeping with the Framework Agreement for the Resumption of the Negotiating Process of 10 January 1994 and the requests made in all the agreements signed since then, the Parties request the Secretary-General of the United Nations to set up a mission to verify the agreements included in the Agreement on a Firm and Lasting Peace (hereinafter referred to as "the Mission"), with the following characteristics.
Page 32-33, ANNEX II, VI. INTERNATIONAL VERIFICATION,
Human rights,
198. The present United Nations Mission for the Verification of Human Rights and of Compliance with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA), with its own functions and powers, shall be a component of the mission mentioned in the preceding paragraph. - Related cases
No specific mention.
- Source
- UN Peacemaker http://peacemaker.un.org/guatemala-implementation96
Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements
Whereas:
The negotiating process has resulted in a national agenda for.overcoming the root causes of social, political, economic, ethnic and cultural conflict and also the consequences of the armed conflict,
The implementation of that agenda is a complex, long-term undertaking requiring the determination to fulfil the commitments made and the involvement of the different State bodies and of the country's various social and political forces,
This national undertaking calls for an implementation strategy that sets realistic priorities for gradual fulfilment of the various aspects of the Peace Agreements as and when the political, institutional, financial and technical bases for their implementation are established,
One political basis for the implementation process is the functioning of the various commissions set up under the Agreements, and of other bodies that will facilitate effective consultation and cooperation in building peace,
The Timetable set out in this Agreement provides a time-frame whose purpose is to make this national endeavour viable, as well as its follow-up by the international community, on the basis of a realistic approach and extensive consultation,
Implementation of the Agreements will be facilitated by the establishment of a follow-up mechanism and by international verification, with a view to achieving greater certainty, flexibility and confidence in the implementation process as a whole,
The execution of the Implementation, Compliance and Verification Timetable for the Peace Agreements should encourage all social and political forces to join together in an effort to open a new chapter of development and democratic coexistence in the history of the country,
The Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) (hereinafter referred to as "the Parties") agree as follows:
I. PRESENTATION OF THE TIMETABLE
1. The implementation and verification timetable set out in this Agreement constitutes a guide for the phased implementation of those commitments set out in the Peace Agreements whose fulfilment can, at this point, be scheduled reliably.
The following four types of commitment are therefore not dealt with in the Timetable:
(a) General and/or ongoing commitments, such as the general commitments entered into under the Comprehensive Agreement on Human Rights;
(b) Specific commitments subject to constitutional amendments, whose implementation depends on the adoption of such amendments by the Congress of the Republic and on the subsequent referendum;
(c) Specific commitments whose fulfilment is subject to prior consultation, particularly those commitments whose fulfilment depends on the recommendations of the joint commissions and other commissions set up under the Peace Agreements;
and
(d) Specific commitments whose fulfilment depends on the completion of other types of scheduled action.
2. The Follow-up Commission established under this Agreement shall determine the subsequent timetable for fulfilling the commitments referred to under subparagraphs (b), (c) and (d) above and shall, where necessary, reschedule the commitments set out in this Timetable, in order to ensure the proper implementation of the Peace Agreements.
Strategy
3. The Timetable is divided into three phases:
the first covers a 90-day period from 15 January 1997;
the second lasts until the end of 1997;
and the third covers 1998, 1999 and 2000.
The implementation strategy for these three phases is guided by the following needs:
(a) To adhere to the timetables already laid down in the Agreements;
(b) To move ahead simultaneously with the implementation of all the Agreements;
(c) To take into account realistically the human and material resources available in each phase;
(d) To stagger implementation of the fundamental components of the Agreements, thereby seeking to avoid dissipating governmental and non-governmental implementation efforts;
(e) To place emphasis, at the beginning of the process of implementing the commitments, on the establishment of the consultation machinery provided for in the Agreements, where provision has been made for such machinery, and on the institutional, legal or financial basis for the implementation of the commitments in question;
(f) To promote the effective participation of all social sectors in meeting their needs, particularly in establishing public policies concerning them, and accordingly, to set timetables for those actions that depend on the consensus-building mechanisms provided for in the Agreements, taking into account their outcome;
and
(g) In view of the key role which the raising of fiscal revenues and the priority channelling of public spending towards social investment are to play in the implementation of the commitments laid down in the Peace Agreements, the Parties have agreed to set out in an appendix the programming of intermediate annual targets, in relation to gross domestic product (GDP), for increasing the tax burden, increasing public spending on education, health, public security and the justice system, and reducing defence spending in future years.
Indicative targets for economic growth for the period 1997-2000 are also set out in the appendix.
Content of the phases
4. Based on the above, the main, but not sole, emphasis in each phase shall be on the following:
(a) The timetable for the first 90 days shall place emphasis on:
(i) Preparing for the implementation of medium- and long-term agreements, particularly by setting up the commissions provided for in the Agreements and by developing and introducing programmes of action in various areas covered by the Agreements;
(ii) Carrying out short-term action for which timetables are laid down in the Peace Agreements, particularly the ceasefire process and the process of integrating URNG.
The action scheduled on the basis of D-Day is subject to the existence of the necessary conditions for launching the ceasefire process;
and
(iii) Carrying out other types of action linked to the consequences of the armed conflict, such as developing the programme for compensating victims and continuing to care for refugees and displaced persons;
(b) The timetable for the remainder of 1997 includes, in addition to the emphasis to be given under subparagraph (a) above, the following:
(i) New programmes of action, social investment and investment in production;
(ii) Modernization and decentralization of the State;
(iii) Public administration reform;
(iv) Comprehensive strategy for rural development;
(v) Fiscal policy;
and
(vi) Restructuring of domestic security policy and national defence policy.
(c) In addition to the components referred to under subparagraphs (a) and (b), the timetable for 1998, 1999 and 2000 shall cover action relating to the results of the joint commissions and other commissions provided for by the Agreements.
In particular, it shall promote the legislative agenda arising out of the Peace Agreements in four areas:
reform of the Penal Code and legal framework for modernizing the administration of justice;
issues of land tenure and land use;
adaptation of legislation and institutions to the multi-ethnic, multicultural and multilingual nature of Guatemala;
and reform of the Guatemalan electoral regime.
5. The Follow-up Commission shall schedule measures resulting from constitutional amendments, once the amendments in question have been adopted.
Implementation of the Timetable
6. With a view to implementing the Timetable, the Parties have divided the commitments set out in the Agreements into four thematic areas:
(a) Resettlement, integration of URNG and national reconciliation;
(b) Comprehensive human development;
(c) Sustainable development of production;
and
(d) Modernization of the democratic State, including strengthening of the capacity for participation and consensus-building of the various components of civil society.
7. The corresponding programmes, subprogrammes and projects shall be grouped under each area.
The Government has decided that the Peace Secretariat shall be responsible for the technical coordination of its action with a view to implementation in the areas in question.
8. Reiterating that the implementation of the Peace Agreements must enable all the country's social and political forces to undertake in a cooperative and responsible spirit the immediate tasks of fighting poverty, discrimination and privilege, the Government has undertaken to promote such action with the effective participation of all social sectors.
9. The Parties call on the various sectors of Guatemalan society to take a leading role in implementing the development agenda set out in the Agreements.
They also call on the international community to continue to support national efforts, particularly during the initial phases of the implementation process, while Guatemala is building its own capacities in the areas of human, institutional and financial resources.
II. TIMETABLE FOR THE 90 DAYS FROM 15 JANUARY 1997
A. Comprehensive Agreement on Human Rights
Compensation for and/or assistance to victims of human rights violations
10. Establish the State body responsible for public policy regarding compensation for and/or assistance to victims of human rights violations, and present a compensation programme.
B. Agreement, on Resettlement of the Population Groups Uprooted by the Armed Conflict
Documentation
11. Sponsor in the Congress of the Republic the necessary amendments to the Act on the Personal Documentation of the Population Uprooted by the Internal Armed Conflict (Decree 73-95) .
Such amendments, in addition to solving the documentation problems of uprooted population groups, shall resolve the lack of personal documentation of URNG members.
The Congress of the Republic shall be asked to consider and resolve this issue in the two months following the introduction of the corresponding initiative.
Identification of land for the resettlement of uprooted persons
12. Present existing studies concerning State, municipal and private land with an option to buy (location, legal regime, acquisition, size, boundaries and agricultural suitability), for the purpose of resettling uprooted population groups.
Mine clearance
13. Implement a programme for clearing all types of mines, bearing in mind that both the Guatemalan armed forces and URNG are to provide the United Nations with detailed information on explosives, mines and existing minefields.
Fund for the Resettlement of Uprooted Population Groups
14. Establish a fund for the implementation of the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict.
Plan for the education of uprooted population groups
15. Request the United Nations Educational, Scientific and Cultural Organization (UNESCO) to submit a specific plan for the education of uprooted population groups.
Resettlement of uprooted population groups
16. Speed up the ongoing negotiations between the Government, refugees and displaced persons to ensure the voluntary return of uprooted persons to their place of origin, or to a location of their choice, in dignity and safely.
C. Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that have Caused the Guatemalan Population to Suffer
Clarification Commission
17. The members of the Commission shall be appointed and shall set the date on which it is to be established and to begin functioning.
The Commission shall complete its work within six months of its establishment, but that period may be extended by a further six months, if the Commission so decides.
D. Agreement on identity and rights of indigenous peoples
Official Recognition Commission
18. Set up the Commission for the Official Recognition of Indigenous Languages, with the participation of representatives of linguistic communities and the Academy of Mayan Languages of Guatemala, which shall study arrangements for granting official recognition, taking account of linguistic and territorial criteria.
Commission on Holy Places
19. Establish the Commission on Holy Places, made up of representatives of the Government and indigenous organizations and of indigenous spiritual guides, to identify such places and lay down rules for their preservation.
Joint Commission on Education Reform
20. Establish the Joint Commission on Education Reform, comprising representatives of the Government and of indigenous organizations, to design educational reforms consistent with Guatemala's cultural and ethnic diversity.
E. Agreement on Social and Economic Aspects and the Agrarian Situation
Review of labour legislation
21. Submit a report on legal and regulatory changes introduced in 1996 to enforce labour laws and severely penalize violations, including violations of the minimum wage;
non-payment, withholding and delaying of wages;
occupational hygiene and safety;
and the work environment, as well as legal and regulatory changes that need to be promoted in 1997.
Expansion of the National Agricultural Development Council
22. Strengthen and expand the participation of small farmers' organizations, rural women, indigenous organizations, cooperatives, producers' associations and non-governmental organizations in the National Agricultural Development Council (CONADEA), as the main mechanism for consultation, coordination and participation in the decision-making process for rural development.
Land Office
23. Set in motion the Presidential Office for Legal Assistance and Dispute Settlement in Land Matters, with nationwide coverage and the task of providing advice and legal assistance to small farmers and agricultural workers with a view to the full exercise of their rights.
Land registry information
24. Launch the land surveying process in pilot areas.
Civic education programme
25. Present a national civic education programme for democracy and peace that promotes the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Rural development investment programme for the period 1997-1999
26. Develop and present a rural development investment programme, with emphasis on basic infrastructure (main roads, rural roads, electricity, telecommunications, water and environmental sanitation) and production projects, for a total of 300 million guetzales in 1997.
Legislation and strengthening of tax administration
27. Submit a report on:
(a) amendments made to the Tax Code and other legislation in 1996 to eliminate loopholes and establish harsher penalties for tax evasion, avoidance and fraud;
(b) steps taken to ensure the correct and prompt application of or reimbursement of the tax credit and to punish severely those who do not return withheld value-added tax to the tax authorities;
and (c) any additional measures that may be deemed necessary.
28. Promote and present initiatives to strengthen institutional mechanisms for revenue collection and auditing.
Women's forum
29. Promote the convening of a women's forum on the commitments concerning women's rights and participation set out in the Peace Agreements.
F. Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society
Multi-party legislative body
30. Request the Office of the President of the Congress of the Republic to set up a multi-party body to enhance, modernize and strengthen the legislative branch, in accordance with the agenda set out in the Agreement.
Commission on the Strengthening of the Justice System
31. The President of Guatemala shall sponsor the establishment of the Commission on the Strengthening of the Justice System, with the mandate to prepare within six months, following an extensive debate on the justice system, a report and a set of recommendations that can be implemented as soon as possible, in accordance with the agenda proposed in the Agreement.
National Civil Police
32. Sponsor and introduce the legislative proposal regulating the functioning of the new National Civil Police.
Police Academy
33. Stipulate that members of the new police force shall receive training at the Police Academy, where they shall be given extensive professional preparation and imbued with a culture of peace, respect for human rights and democracy, and obedience to the law.
Demobilization of the Voluntary Civil Defence Committees
34. Conclude the demobilization and disarming of the Voluntary Civil Defence Committees within 3 0 days of the repeal of the decree creating them.
G. Agreement on Constitutional Reforms and the Electoral Regime
Constitutional reforms
35. The Government of the Republic shall place before the Congress of the Republic the draft constitutional amendments contained in sections A and B of the Agreement on Constitutional Reforms and the Electoral Regime.
Electoral Reform Commission
36. Request the Supreme Electoral Tribunal to establish and preside over an Electoral Reform Commission charged with publishing a report and making a series of recommendations on electoral reform and the corresponding legislative amendments.
It is recommended that the Commission be constituted no later than three months after the signing of the Agreement on a Firm and Lasting Peace, with the representatives indicated in the Agreement.
Moreover, it is recommended that the Commission complete its work no later than six months from the date of its establishment.
H. Agreement on the Definitive Ceasefire
Entry into force
37. The ceasefire shall enter into force as of 0000 hours on D-Day, the date on which the United Nations verification mechanism shall be in place with full operational capacity.
This phase must be completed by no later than D+60, with the.demobilization of URNG.
38. The Parties undertake to maintain the current cessation of offensive military activity by URNG and of counter-insurgent military activities by the Guatemalan armed forces until D-Day.
39. The United Nations shall notify the Parties of the establishment of the verification mechanism as soon as possible, so that D-Day may be set.
Deployment of the verification mechanism
40. From D-10 to D-Day the United Nations shall deploy its personnel and equipment in order to verify the ceasefire at the sites determined by the Parties in the annexes to the Agreement on the Definitive Ceasefire.
Verification sites
41. For purposes of verification, during the period of the ceasefire, representatives of the United Nations shall be present in the military units of the Guatemalan armed forces designated in annex C and at the URNG assembly points specified in annex A to the Agreement on the Definitive Ceasefire.
Ban on political propaganda
42. During troop movements and once at the assembly points, the assembled forces may not engage in any propaganda or political activities beyond the assembly points.
Security zone
43. A security zone with a radius of 6 kilometres shall be established around each assembly point in which no units of the Guatemalan armed forces, Voluntary Civil Defence Committees (CVDCs) or members of URNG may be present.
44. Only United Nations verification units may have access to these zones.
Police activities may be carried out subject to coordination with the United Nations verification authority.
Coordination zone
45. A coordination zone extending a further 6 kilometres shall be established around each security zone.
Movement by military units of the Guatemalan armed forces and CVDCs must be coordinated in advance with the United Nations verification authority.
Information concerning troops and armaments
46. URNG shall provide the United Nations with detailed information on the number of troops, list of names, inventories of weapons, explosives and mines, and all other necessary information concerning the existence of minefields, munitions and other military equipment, both in their possession and in storage.
The Guatemalan armed forces shall likewise provide updated information on the number of troops in the units to be redeployed which are identified in annex C to the Agreement on the Definitive Ceasefire.
Both Parties shall transmit this information to the verification authority no later than D+15.
47. The Parties agree to transmit to the verification authority within the time agreed with both of them any additional information required by the authority.
Start of redeployment
48. Redeployment of the units of the Guatemalan armed forces designated in annex C to the Agreement on the Definitive Ceasefire shall begin on D+2 and shall continue until D+10, or earlier, if possible.
49. URNG troops shall begin to move towards the assembly points designated in annex A to the Agreement on the Definitive Ceasefire from D+ll to D+21, or earlier, if possible.
They shall be accompanied in this move by the verification mission.
50. The Parties shall communicate to the United Nations verification authority no later than D-10 the full programme for the moves of their respective forces (composition, route to be taken, when the move is to begin and any other information needed to complete the verification).
Restriction of airspace
51. This shall enter into force on D-Day;
utilization of airspace shall remain restricted as follows:
(a) Military flights over security zones shall be prohibited except in the event of a disaster or public emergency, in which case advance notice of such flights shall be given to the United Nations verification authority;
(b) Military flights over coordination zones shall be permitted with advance notification to the United Nations verification mission.
Control of armaments
52. From D+ll to D+42 in URNG assembly points, weapons, munitions and other military equipment shall be deposited in special warehouses designated by the United Nations;
combatants, however, shall keep their personal equipment and weapons as long as they remain in those locations.
Operational aspects
53. The phased demobilization of URNG combatants and their integration, within a framework of legality, into the civil, political, socio-economic and institutional life of the country shall take place in accordance with the provisions of the Agreement on the Basis for the Legal Integration of URNG and subject to the implementation of the Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements.
The demobilization shall be carried out as follows:
(a) From D+43 to D+48:
33 per cent;
(b) From D+49 to D+54:
66 per cent;
(c) From D+55 to D+60:
100 per cent.
Logistical support commission
54. A commission made up of representatives of URNG and of the Government of Guatemala shall be established, under the coordination of the United Nations, in order to provide logistical support to the ceasefire and demobilization process.
The number of members of the Commission shall be determined in accordance with needs.
Handing over of weapons and munitions
55. Prior to the demobilization of the last group of combatants, and by D+60 at the latest, URNG shall hand over to the United Nations all weapons and military equipment of its forces, whether in its possession or in storage.
Start of verification
56. Verification shall start on D-Day when the ceasefire comes into effect, in accordance with the provisions of the Agreement on the Definitive Ceasefire, without thereby restricting fulfilment by the Guatemalan armed forces of their constitutional function in the rest of the national territory.
Coordination and follow-up
57. For the purposes of coordination and follow-up, the Parties undertake to designate officials, at different levels, to liaise with the verification authority.
I. Agreement on the Basis for the Legal Integration of the Unidad Revolucionaria Nacional Guatemalteca
Initial integration phase
58. The demobilization stage shall last two months and means the ending of URNG military structures at the agreed assembly points.
This stage shall include services such as the provision of temporary documentation and vocational training and guidance, with a view to facilitating the subsequent integration of demobilized combatants.
The verification authority shall transmit to the Special Integration Commission no later than D+30 a definitive list of demobilized combatants drawn up at assembly points.
59. URNG shall transmit to the verification authority by D-15 at the latest a list of members not subject to assembly who are to be beneficiaries of the initial integration phase.
The authority shall, in turn, transmit such list to the Special Integration Commission once it has been set up.
Temporary documentation
60. Request the verification authority to issue temporary documentation for demobilized combatants and other beneficiaries of the Agreement on the Basis for the Legal Integration of URNG.
Security of URNG
61. The Government undertakes to adopt administrative measures to guarantee the necessary conditions for the effective exercise of the civil rights of URNG members, particularly the rights to life, security and physical integrity, and shall pay special attention to any complaints regarding violations of the security of URNG members.
Respect for this undertaking shall be subject to special verification by the international verification authority, which may arrange for URNG members to be accompanied temporarily when the need arises.
Vocational guidance and training
62. URNG members shall receive vocational guidance and assistance during the demobilization phase, and subsequently if necessary.
Once agreement is reached on the kind of economic activity in which they are to engage, they shall be eligible for specific programmes of technical and vocational training.
Health
63. In the demobilization, phase, ensure that combatants gathered at assembly points receive a medical check-up.
The necessary action shall be taken to treat cases identified by the check-up, either in the camps or locally.
The Special Integration Commission shall ensure that patients who require further treatment are referred to the corresponding services.
This subprogramme shall be carried out in cooperation and consultation with the URNG medical team.
Legal assistance
64. Begin the provision of legal assistance to UNRG members to help them deal with the legal aspects of their integration.
Family reunification
65. Initiate the necessary measures to enable URNG members to be reunited with their families.
The Government undertakes to extend all necessary facilities to that end.
Special Integration Commission
66. Set up the Special Integration Commission, which shall consist of an equal number of representatives from the Government and URNG and, in a consultative capacity, representatives from donor and cooperating countries and international cooperation agencies.
The Commission shall be set up within 15 days following the signing of the Agreement on a Firm and Lasting Peace, and the Government shall issue the corresponding government decree to that effect.
Rules of the Special Integration Commission
67. The Special Commission shall, by means of specific rules to be adopted no later than 30 days after it is set up, organize its responsibilities in the areas of coordination, financial management and decision-making with respect to subprogrammes and projects deriving from the Agreement on the Basis for the Legal Integration of URNG.
The Special Commission shall likewise identify, in consultation with donor and cooperating countries and agencies, appropriate financial mechanisms, including the possibility of trust funds, to facilitate the flexible and effective implementation of the integration programme.
Integration Foundation
68. URNG undertakes to set up the Integration Foundation.
The Government undertakes to expedite the procedures for setting up the Foundation.
J. Other commitments
Publicity
69. Publicize the Peace Agreements as widely as possible.
III. TIMETABLE FROM 15 APRIL TO 31 DECEMBER 1997
A. Comprehensive Agreement on Human Rights
Compensation
70. Put into effect the programme of compensation for and/or assistance to victims of human rights violations and sponsor the relevant legislation, taking into account the recommendations of the Clarification Commission.
Military conscription
71. See "Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society", paragraph 129 of this Agreement.
Regulation of the bearing of arms
72. See "Agreement on the Strengthening of Civilian Power and on the Role of the Armed Forces in a Democratic Society", paragraphs 130 and 131 of this Agreement.
Strengthening of institutions for the protection of human rights
73. Support initiatives for improving the technical and material conditions available to the Counsel for Human Rights in carrying out his tasks of investigation, monitoring and follow-up to ensure the full enjoyment of human rights in Guatemala.
B. Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict
Identification of land for the resettlement of uprooted persons
74. Conduct further studies to identify State, municipal and private land with an option to buy, for the purpose of resettling uprooted population groups.
Resettlement
75. Conclude the planning and/or resolution of the processes of return and transfer for the resettlement of uprooted population groups, based on their freely expressed wishes and decisions.
Documentation
76. Step up the personal documentation process for all those who do not have such documentation, particularly uprooted population groups and URNG members, including formal registration of the children of uprooted persons and URNG members born abroad.
Productive integration of uprooted population groups
77. Undertake productive integration programmes, as part of a policy of sustainable development with equity, in resettlement areas and regions.
See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraphs 102, 103 and 106 of this Agreement.
Prompt settlement of land disputes
78. See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraph 108 of this Agreement.
Consensus-building for development planning
79. See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraph 86 of this Agreement.
Implementation of the education plan
80. Recognize the formal and non-formal educational levels of uprooted persons and the non-formal studies of education and health outreach workers.
Strengthening of local governments and organizations
81. See "Agreement on Social and Economic Aspects and the Agrarian Situation", paragraph 167 of this Agreement.
C. Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that have Caused the Guatemalan Population to Suffer
Clarification Commission
82. Functioning of the Commission and a decision by it to either extend its mandate or deliver its report.
D. Agreement on Identity and Rights of Indigenous Peoples
Joint Commission on Reform and Participation
83. Set up the Joint Commission on Reform and Participation, composed of representatives of the Government and representatives of indigenous organizations.
Joint Commission on Land Rights
84. Set up the Joint Commission on Land Rights, composed of representatives of the Government and representatives of indigenous organizations.
Office for the Defence of Indigenous Women's Rights
85. Set up an Office for the Defence of Indigenous Women's Rights, with the participation of such women, to provide, inter alia, legal advisoryservices and social services.
E. Agreement on Social and Economic Aspects and the Agrarian Situation
System of urban and rural development councils to ensure public participation
86. In keeping with the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and the Agreement on Identity and Rights of Indigenous Peoples, the Government undertakes, as a matter of priority, to:
(i) re-establish the local development councils;
(ii) sponsor an amendment to the Urban and Rural Development Council Act to broaden the range of sectors participating in the departmental and regional development councils;
and (iii) provide adequate funding for the council system, so as to promote public participation in identifying local priorities, the design of public programmes and projects and the integration of national urban and rural development policy.
Municipal training
87. Establish and implement, in cooperation with the National Association of Municipalities (ANAM), an ongoing municipal training programme that will serve as a framework for national efforts and international cooperation in this field.
Participation of women in economic and social development
88. Taking into account the results of the forum envisaged in paragraph 29 of this Agreement, follow up the commitments concerning women set out in the Peace Agreements.
Advisory Commission on Educational Reform
89. The Ministry of Education shall set up the Commission, which shall consist of participants in the educational process, including representatives of the Education Reform Commission set up pursuant to the Agreement on Identity and Rights of Indigenous Peoples.
Out-of-school education and training
90. Design and implement programmes of out-of-school education, training and technical training, as well as training programmes in communities and enterprises and, in rural areas, programmes to improve business management skills and enhance the skills, diversification and productivity of human resources.
Civic education
91. Design and produce the necessary materials for implementing the national civic education programme for democracy and peace that is to promote the protection of human rights, the renewal of political culture and the peaceful resolution of conflicts.
Programme of financial support for education
92. Develop and implement nationwide programmes of scholarships, study grants, economic assistance and other incentives to enable needy students to continue their education.
Training of teachers and administrators
93. Develop continuing education programmes for teachers and school administrators.
Support for the University of San Carlos
94. Provide to the University of San Carlos, in a timely manner, the funding which is its prerogative under a constitutional mandate.
Purchase of medicines
95. Study and apply purchasing methods that will ensure the quality and low cost of the more popular basic or generic drugs and transparency in their marketing.
Public spending on housing
96. Allocate to housing policy the equivalent of no less than 1.5 per cent of tax revenues from the General Budget of State Revenues and Expenditures for 1998, giving priority to subsidizing the demand for low-cost housing options and, to that end, strengthening the Guatemalan Housing Fund (FOGUAVI) and the Housing Subsidy Fund (FOSUVI).
Community participation in housing
97. Encourage the establishment and strengthening of community participation systems, such as cooperatives and self-managed and family businesses, to ensure that beneficiaries are able to participate in the execution of plans, the construction of housing and the provision of services.
Amendment of labour laws
98. Promote the legal and regulatory changes recommended in the report on labour laws requested in paragraph 21 of this Agreement.
Labour inspection
99. Decentralize and expand labour inspection services in order to strengthen the capacity to verify compliance with domestic labour.norms and those deriving from the international labour conventions ratified by Guatemala.
Worker organization 100.
Streamline the procedures for recognition of the legal personality of labour organizations and, for agricultural workers who are still hired through contractors, propose reforms to ensure the speedy and flexible legal recognition of forms of association that will permit negotiation of the terms of their hiring.
Economic policy
101. Encourage measures, in coordination with the various social sectors, to increase investment and productivity, within the framework of an overall strategy of growth with social stability and equity.
Government agricultural sector investment programme
102. Begin implementation of a government agricultural sector investment programme in production lines linked to agriculture, forestry and fisheries.
Rural development investment programme
103. Begin implementation of the rural development investment programme, paying special attention to areas where uprooted population groups are being resettled and areas where poverty is greatest, with emphasis on basic infrastructure (main roads, rural roads, electricity, telecommunications, water and environmental sanitation) and production projects, for a total of 300 million quetzales in 1997.
Land Trust Fund
104. Sponsor and introduce in the Congress of the Republic a bill setting up the Land Trust Fund.
Such bill shall establish, inter alia, the Fund's aims, functions and funding and allocation mechanisms and the origin and future use of land.
The Agreement on Social and Economic Aspects and the Agrarian Situation stipulates that the Land Trust Fund must begin operations by 1997 at the latest.
Trust 105.
The Land Trust Fund shall set up a trust in a participating banking institution to provide credit and promote savings, preferably for micro-, small and medium-sized enterprises.
Credit and financial services
106. Promote conditions enabling small and medium-scale farmers to have access to credit, individually or in groups, on a financially sustainable basis.
In particular, with the support of the business sector and non-governmental development organizations, promote the strengthening of local savings and loan agencies, such as associations, cooperatives and the like, so that they can provide credit and financial services to small and medium-sized businesses efficiently and in accordance with local needs and conditions.
Agrarian and environmental jurisdiction
107. Promote the establishment of an agrarian and environmental jurisdiction within the judiciary, taking into account the provisions of the Agreement on Identity and Rights of Indigenous Peoples.
Prompt settlement of land disputes
108. Taking into account the commitments made in the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and the Agreement on Identity and Rights of Indigenous Peoples and the recommendations on the Joint Commission on Rights relating to Indigenous Peoples' Land, the Government undertakes to establish and apply flexible procedures for the settlement of disputes over land and other natural resources (in particular, direct settlement and conciliation).
In addition, it shall establish procedures for defining formulas for compensation in the case of land disputes and claims in which farmers, small farmers and communities in a situation of extreme poverty have been or may be dispossessed for reasons not attributable to them.
The uprooted population will require special attention in this connection.
Land registry
109. Sponsor legislative changes that will make it possible to establish an efficient decentralized multi-user land registry system that is financially sustainable, subject to compulsory updating and easy to update.
Land tax
110. Sponsor legislation and mechanisms for imposing, in consultation with municipalities, a land tax in rural areas in which it is easy for the municipalities to collect revenues.
The tax, from which small properties shall be exempt, will help to discourage owners from leaving land unused or underused.
It must not encourage deforestation of woodlands.
Tax administration
111. Strengthen existing auditing and collection mechanisms, such as crosschecking, tax identification numbers and tax credits for withholding of income tax and value-added tax.
112. Keep in operation a special programme targeting big taxpayers to make sure that they meet their tax obligations in full.
113. Evaluate and strictly regulate tax exemptions in order to eliminate abuse.
114. Put into operation administrative structures that are specifically geared
to revenue collection and auditing programmes and to the application of the
corresponding tax laws.
115. Simplify and automate tax administration operations.
Norms for the preparation and implementation of the budget
116. Starting in 1997, incorporate annually into the norms and guidelines for
the preparation of the preliminary draft General Budget of State Revenues and
Expenditures the priority that must be given to social spending, basic public
services, physical infrastructure in support of production, the strengthening of
human rights bodies and compliance with the Peace Agreements.
Professionalization and upgrading of public servants
117. Sponsor and introduce bills:
(a) Establishing a career civil service;
and
(b) Ensuring genuine compliance with the Integrity and Accountability Act.
Oversight
118. Reform, strengthen and modernize the Comptroller's Office.
Modernization of the executive branch
119. Sponsor and introduce in the Congress of the Republic:
(a) Amendments to the Act governing the executive branch;
and
(b) Amendments to the Purchasing and Procurement Act to promote the
decentralization of government support services.
F. Agreement on the Strengthening of Civilian Power and on the
Role of the Armed Forces in a Democratic Society
Judicial training
120. Strengthen the Judicial Training School and the training unit of the Public
Prosecutor's Office as the main bodies for the selection and further training of
judges, magistrates and prosecutors.
Public Defender's Office in Criminal Matters
121. Present to the Congress of the Republic the necessary legislative proposals
for establishing the Public Defender's Office in Criminal Matters to provide
legal assistance to those who cannot afford to retain their own counsel.
Advisory Council on Security
122. Set up the Advisory Council on Security.
Strategic Analysis Secretariat
123. Establish the Strategic Analysis Secretariat to inform and advise the
President of the Republic, with a view to anticipating, preventing and resolving
situations posing any kind of danger or threat to the democratic State.
Supervision of State intelligence bodies
124. Sponsor and introduce a law establishing procedures for the supervision of
State intelligence bodies by a special commission of the legislative branch.
Civil Intelligence and Information Analysis Department of the Ministry of the
Interior
125. Establish a Civil Intelligence and Information Analysis Department under
the Ministry of the Interior, with responsibility for gathering information to
combat organized crime and ordinary crime by the means and within the limits
authorized by the legal system, subject to strict respect for human rights.
National Civil Police
126. Put forward the proposals and take the action necessary to establish a
career police service.
127. Promote action and programmes to strengthen the Police Academy so that it
can train new police personnel as officers, inspectors, commanders and
superintendents and retrain existing personnel.
128. Define procedures for ensuring that admission to the police profession and
advancement and specialization within it take place through the Police Academy.
Civic Service Act
129. Sponsor in the Congress of the Republic a Civic Service Act that will
include military service and community service, based on the agreement reached
by the joint working group which is currently considering the matter.
Possession and bearing of arms
130. Sponsor and introduce in the Congress of the Republic amendments to the
Arms and Munitions Act.
Registers of arms and ammunition
131. Transfer to the Ministry of the Interior the registers which are currently
with the Arms and Munitions Control Department of the Ministry of Defence.
Restructuring of the armed forces
132. Make the public educational, financial, health, commercial, assistance and
insurance institutions, facilities and units corresponding to the needs and
functions of the Guatemalan armed forces operate under the same conditions as
other similar non-profit institutions.
All graduates of the Adolfo V. Hall
Institutes shall join the country's military reserves.
Find an appropriate use
for the television frequency assigned to the Guatemalan armed forces.
Disbanding of the Mobile Military Police
133. Disband and demobilize the Mobile Military Police.
Reorganization and deployment of military forces
134. Reorganize the deployment of military forces within the national territory,
stationing them for purposes of national defence, border control and protection
of Guatemala's maritime and territorial jurisdiction and airspace.
Reduction of the armed forces
135. Reduce the size of the Guatemalan armed forces by 33 per cent, based on
current manning and equipment levels.
Reintegration of demobilized members of the armed forces
136. Put into effect programmes for the productive reintegration of any members
of the armed forces who may be demobilized.
G. Agreement on the Basis for the Legal Integration of URNG
Integration programme
137. Implement the various aspects of the programme for the legal integration of
URNG, including education, literacy training, housing, productive economic
projects and family reunification.
IV. TIMETABLE FOR 1998, 1999 AND 2000
A. Agreement on Resettlement of the Population Groups
Uprooted by the Armed Conflict
Protection of Guatemalan nationals outside the country
138. Strengthen the policy of ensuring protection for Guatemalan nationals
outside the country, especially members of the uprooted population living
abroad, and make the necessary arrangements with host countries to ensure that
this population has stable immigrant status.
Marketing
139. See "Agreement on Social and Economic Aspects and the Agrarian Situation",
paragraph 167 of this Agreement.
B. Agreement on Identity and Rights of Indigenous Peoples
Use of indigenous languages and bilingual training
140. In keeping with the conclusions of the Commission for the Official
Recognition of Indigenous Languages, promote the use of indigenous peoples'
languages in the provision of State social services at the community level and
promote the bilingual training of judges and court interpreters from and into
indigenous languages.
Temples, ceremonial centres and holy places
141. In keeping with the conclusions of the Commission on Holy Places, promote
with the participation of indigenous peoples the necessary legal measures to
ensure the restructuring of State entities responsible for the preservation and
administration of temples and ceremonial centres of archaeological value, as
well as changes in the regulations for the protection of ceremonial centres of
archaeological value, in order to ensure respect for Mayan spirituality.
Radio Communications Act
142. Sponsor and introduce in the Congress of the Republic amendments to the
Radio Communications Act making frequencies available for indigenous projects.
Customary law
143. With the participation of indigenous organizations and taking into account
the conclusions of the Joint Commission on Reform and Participation and the
Joint Commission on Rights relating to Indigenous Peoples' Land, sponsor in the
Congress of the Republic the necessary action to fulfil the commitments made in
section E of the Agreement on Identity and Rights of Indigenous Peoples.
C. Agreement on Social and Economic Aspects and the
Agrarian Situation
Public spending on education
144. By the year 2000, increase public spending on education as a proportion of
the gross domestic product (GDP) by 50 per cent over the 1995 level.
Schooling
145. By the year 2000, provide access for all those between the ages of 7 and 12
to at least three years of schooling.
Literacy training
146. Raise the literacy rate to 70 per cent by the year 2000.
Educational curricula
147. By the year 2000, adjust educational curricula in accordance with the
education reform.
Occupational training
148. Ensure that occupational training programmes reach at least 200,000 workers
nationwide by the year 2000, with emphasis on those entering economic activity
and those needing special training in order to adjust to new developments in the
labour market.
Civic education
149. Implement the national civic education programme for democracy and peace
that is to promote the protection of human rights, the renewal of political
culture and the peaceful resolution of conflicts.
Public spending on health
150. By the year 2000, increase public spending on health as a proportion of GDP
by 50 per cent over the 1995 level and allocate at least 50 per cent of public
health spending to preventive health care.
Infant and maternal mortality
151. By the year 2000, reduce infant and maternal mortality to 50 per cent of
the 1995 rate.
Eradication of poliomyelitis and measles
152. Maintain the certification of poliomyelitis eradication and eradicate
measles by the year 2000.
Decentralization of health services
153. Put into effect the decentralized organization of the various levels of
health care to ensure that health programmes and services are offered at the
communal, regional and national levels, which are the basis of the national
coordinated health system.
Social security
154. Take the necessary measures to expand the coverage of the social security
system and improve its benefits and the quality and efficiency of its services.
Land management
155. Closely coordinate housing policy with land management policy, especially
urban planning and environmental protection policies, to enable poor people to
have access to housing with services in hygienic and environmentally sustainable
conditions.
Public spending on housing
156. Allocate annually to the housing promotion policy no less than 1.5 per cent
of tax revenues from the General Budget of State Revenues and Expenditures,
giving priority to subsidizing the demand for low-cost housing options.
Financing and facilities for the purchase of housing
157. Strengthen the securities market for the purchase of housing, including the
provision of first and second mortgages, facilitate the sale of securities
issued for housing operations, including common and- preferential stock in
property development companies, mortgage bonds and debentures, certificates of
real estate shareholdings, supplemental letters, promissory notes and other
documents related to rentals with an option to buy.
Housing stock
158. Encourage the supply of housing-related services, housing options and
building materials that are of good quality and reasonably priced.
Regulation
159. Apply anti-trust regulations to the production and marketing of building
materials and services.
Update the health and safety regulations applicable to
the construction industry and monitor compliance with them;
coordinate with
municipalities to ensure that construction and monitoring regulations are
homogeneous, clear and simple, in an effort to ensure good-quality, safe
housing.
Protection of rural workers
160. Adopt administrative and/or criminal penalties against those responsible
for abuses against migrant agricultural workers, farmhands, tenant farmers and
day labourers in the context of hiring through middlemen, sharecropping, payment
in kind and the use of weights and measures.
Occupational training
161. Sponsor and introduce a bill regulating occupational training at the
national level.
Land tenure
162. Sponsor and introduce in the Congress of the Republic a bill establishing a
legal framework for land tenure that is secure, simple and accessible to the
entire population.
Modernization of the land registry system
163. Have launched the efficient decentralized multi-user land registry system
that is financially sustainable, subject to compulsory updating and easy to
update.
Regularization of the award of title to land
164. Regularize the award of tile for lands belonging to indigenous communities
and uprooted population groups and for beneficiaries of the National Institute
for Agrarian Reform (INTA) who are the lawful owners of the land which they have
been granted.
With respect to communal land, regulate participation by the
communities concerned to ensure that it is they who take the decisions
concerning their land.
Unused land
165. Sponsor amendments to the legislation on unused land to bring it into line
with the Constitution, and regulate by means of incentives and penalties the
underuse of land and its use in a manner incompatible with sustainable natural
resources use and environmental conservation.
Such amendments should include a
new tax scale for the annual tax on unused land, imposing significantly higher
taxes on privately owned unused and/or underused land.
Evaluation of awards made by the Land Trust Fund
166. In 1999, evaluate whether awards made by the Land Trust Fund have achieved
their objectives and, if necessary, change the way in which the programme
operates.
Rural development
167. Develop.a system for compiling, systematizing and disseminating
agricultural, forestry, agro-industrial and fisheries information and a system
of storage centres and free zones.
Support the strengthening of the various
forms of organization of micro-, small and medium-scale agricultural and rural
enterprises and encourage the amalgamation of smallholdings if smallholders so
desire.
Natural resources management concessions
168. By 1999, have awarded to small and medium-sized farmers' groups, legally
incorporated as natural resources management concessions, 100,000 hectares
within multi-use areas for the purposes of sustainable forest management,
management of protected areas, ecotourism, protection of water sources and other activities compatible with the sustainable potential use of the natural
resources of those areas.
Government agricultural sector investment programme
169. Implement the government agricultural sector investment programme in
production lines linked to agriculture, forestry and fisheries, for a cumulative
total of 200 million quetzales.
Renewable natural resources management programme
170. Promote a renewable natural resources management programme which fosters
sustainable forestry and agroforestry production, as well as handicrafts,
ecotourism and small- and medium-scale industrial projects that give added value
to forestry products.
Rural development investment programme
171. Continue the rural development investment programme, with emphasis on basic
infrastructure (main roads, rural roads, electricity, telecommunications, water
and environmental sanitation) and production projects, for a total of
300 million quetzales per year.
Tax system
172. Design and present a methodology for evaluating whether the tax system is
universally progressive, in line with the basic principles established in the
Agreement on Social and Economic Aspects and the Agrarian Situation.
Tax burden
173. Take the necessary action and put forward the necessary proposals to ensure
that, by the year 2000, the tax burden as a proportion of GDP is at least
50 per cent greater than in 1995.
Decentralization of public administration
174. Sponsor and introduce in the Congress of the Republic amendments to the Act
on the Governance of the Departments of the Republic making it possible to
streamline and decentralize public administration, and propose that departmental
governors be appointed by the President of the Republic, taking into
consideration candidates proposed by the non-governmental representatives of
departmental development councils.
Modernization of public administration
175. Decentralize support systems, including the purchasing and procurement
system, the human resources system, the information and statistics system, the
financial management system and the revenue collection system.
Municipal Code
176. Sponsor amendments to the Municipal Code to encourage the participation of
indigenous communities in decision-making on matters affecting them and to
stipulate that deputy mayors be appointed by the municipal mayor, taking into
account the proposals made by local residents in open town council meetings.
D. Agreement on the Strengthening of Civilian Power and on the
Role of the Armed Forces in a Democratic Society
Penal Code
177. In accordance with the conclusions of the Commission on the Strengthening
of the Justice System, sponsor and introduce in the Congress of the Republic
amendments to the Penal Code that will:
(a) Characterize ethnic discrimination as a crime,-
(b) Characterize sexual harassment as a crime;
(c) Bring the Penal Code into line with the provisions of the
International Convention on the Elimination of All Forms of Racial
Discrimination;
and
(d) Give priority to the criminal prosecution of those offences which are
most detrimental to society;
take into account the country's cultural
differences and customs;
fully protect human rights;
and characterize threats
and coercion against judicial personnel, bribery, graft and corruption as
particularly serious offences which must be severely punished.
Participation of women
178. Evaluate the progress made in women's participation and, on this basis,
draw up the corresponding plan of action.
Public spending on the justice system
179. By the year 2000, increase public spending on the judiciary and the Public
Prosecutor's Office as a proportion of GDP by 50 per cent over the 1995 level.
180. Allocate the necessary resources to enable the Public Defender's Office in
Criminal Matters to be established and begin operations in 1998.
Public Order Act
181. Sponsor and introduce a proposal for a new Public Order Act that is
consistent with democratic principles and the strengthening of civilian power.
Archives
182. Sponsor and introduce legislative proposals for characterizing the crime of
maintaining illegal files and records containing political information on
residents of Guatemala.
Private security companies
183. Sponsor and introduce a bill regulating the functioning and scope of
private security companies, with a view to monitoring their activities and the
professionalism of their personnel, and ensure, in particular, that such
companies and their employees limit their operations to their own sphere of
activity, under the strict control of the National Civil Police.
National Civil Police
184. By late 1999, have the National Civil Police functioning throughout the
national territory, with a force of at least 20,000 members.
Public security
185. By the year 2000, have increased public spending on public security as a
proportion of GDP by 50 per cent over the 1995 level.
Act establishing the a