Agreement on the Procedure for the Search for Peace by Political Means ('The Mexico Agreement')

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Country/entity: Guatemala
Region: Americas
Agreement name: Agreement on the Procedure for the Search for Peace by Political Means ('The Mexico Agreement')
Date: 26 Apr 1991
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Guatemalan Civil War (1960 - 1996)
Civil war broke out in Guatemala when numerous leftist and agrarian groups took up arms in 1960 in face of the repression from the conservative regime of Carlos Castillo Armas. The Armas regime came to power in 1954 following a CIA-backed coup against the leftist government of Jacobo Arbenz. The main rebel umbrella was the Guatemalan National Revolutionary Unity (URNG). During the civil war numerous counts of genocide and mass disappearances occurred. In the late 1980s, when a civilian government came to power, the URNG changed tactics when releasing that they wouldn’t come to power through armed conflict. The war came to an end on December 29, 1996, and since then URNG converted to an official political party.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Guatemala peace process
Parties: FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA:
(Signed) Manuel E. CONDE ORELLANA, General Secretary of the Presidency of the Republic;
(Signed) Manolo BENDFELDT ALEJOS, Minister for Development;
(Signed) Brigadier General Edgar Augusto GODOY GAITAN, Deputy Chief of Staff of National Defence;
(Signed) Brigadier General Jose D. GARCIA SAMAYOA, Commander of the Guard of Honour Military Brigade;
(Signed) Brigadier General Mario Rene ENRIQUEZ M., Commander of Military Zone 22, Playa Grande, Quiche;
(Signed) Julio A. BALCONI TURCIOS, Commander of the Mariscal Zavala Military Brigade;
(Signed) Colonel Marco A. GONZALEZ T., Commander of the Mobile Military Police;
(Signed) Ernesto VITERI ECHEVERRIA, Special Adviser to the Presidency of the Republic;
(Signed) Ruben Amilcar BURGOS SOLIS, Special Adviser to the Presidency of the Republic;
(Signed) Jose Luis ASENSIO AGUIRRE, Adviser to the President of the Republic;

FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA (URNG): General Command:
(Signed) Commander Gaspar ILOM;
(Signed) Commander Pablo MONSANTO;
(Signed) Commander Rolando MORAN;
(Signed) Carlos GONZALEZ, Secretary of the Central Committee of the Partido Guatemalteco de Trabajadores (PGT);
Third parties: Political and Diplomatic Commission: (Signed) Francisco VILLAGRAN MUROZ; (Signed) Luis Becker GUZMAN; (Signed) Miguel Angel SANDOVAL; (Signed) Luz MENDEZ;

FOR THE NATIONAL RECONCILIATION COMMISSION: (Signed) Teresa BOLAROS DE ZARCO; (Signed) Mario PERMUTH LISTWA; (Signed) Oliverio GARCIA RODAS; (Signed) Luis MORALES CHU, Advisor; (Signed) Monsignor Rodolfo QUEZADA TORUPO, Conciliator, Chairman of the National Reconciliation Commission;

FOR THE UNITED NATIONS: (Signed) Franceso VENDRELL, Representative of the Secretary-General of the United Nations;
Description: Agreed to first discuss substantive issues, such as democracy, human rights, refugees, truth commission, indigenous rights, the economic, social and agrarian situation, the role of the army, strengthening of civil authorities and institutions, and constitutional reform. Procedural issues, such as arrangements for ceasefire, demobilisation and reintegration of the URNG into normal political life, to be discussed later. Confirmed functions of Conciliator and UN observer, and both parties pledged not to unilaterally abandon the negotiation process.

Agreement document: GT_910426_MexicoAgreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

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

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media logistics
Page 3,
7. Meetings shall be announced publicly and discussions shall be conducted privately, without publicity. The media shall have access to the meetings during such periods as the delegations shall determine by mutual consent. Neither the parties nor the participants shall unilaterally give out any information on the phase of the negotiations, unless it is agreed otherwise. If the parties reach any significant agreements, the Conciliator shall read out the official communiques drafted for the information of the public. The Observer for his part, shall keep the Secretary-General of the United Nations informed of the progress of the negotiations.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

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

Justice sector reform

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

Socio-economic reconstruction

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

Land, property and environment

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

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: Page 3,
8. The Conciliator, Monsignor Rodolfo Quesada Toruio, in his capacity as Chairman of the National Reconciliation Commission, shall conduct meetings in accordance with the usual standards of debate. No recordings shall be made of the meeting, nor shall minutes be taken. Any agreements reached shall he formalised in documents discussed and approved by the parties and shall be signed by the Conciliator, the Observer, the delegates of the parties, and the members of the National Reconciliation Commission.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, Untitled Preamble
In order to achieve the objectives set out in the Esquipulas II Agreement of 7 August 1987 and to put an end to the internal armed conflict and bring about reconciliation among all Guatemalans, in accordance with the Oslo Agreement of 30 March 1990, the delegations of the Government of Guatemala and of the Unidad Revolucionaria Nacional Guatemalteca (URNG) hereby agree to hold talks in the presence of the Chairman of Guatemala's National Reconciliation Commission, Monsignor Rodolfo Quesada Torufio, acting as Conciliator pursuant to the Oslo Agreement, and of the representative of the Secretary-General of the United Nations, Mr. Francesc Vendrell, acting as Observer.

Page 2,
2. The participants in the negotiations shall be the Conciliator, Monsignor Rodolfo Quesada Torao: the representative of the Secretary-General of the United Nations, Mr. Francesc Vendrell, acting as Observer; the advisers to the Conciliator and the Observer: and the delegations of the Government of the Republic of Guatemala and of URNG. Members of the National Reconciliation Commission shall also participate in meetings for the purpose of noting and verifying the fulfilment of agreements.

Page 3,
8. The Conciliator, Monsignor Rodolfo Quesada Toruio, in his capacity as Chairman of the National Reconciliation Commission, shall conduct meetings in accordance with the usual standards of debate. No recordings shall be made of the meeting, nor shall minutes be taken. Any agreements reached shall he formalised in documents discussed and approved by the parties and shall be signed by the Conciliator, the Observer, the delegates of the parties, and the members of the National Reconciliation Commission.

Implementation

UN signatory: Signed by Representative of the UN Secretary General.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2,
1. The Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) undertake to conduct a process of negotiation that will permit, in the shortest possible time, the signing of an agreement for a firm and lasting peace which sets out political agreements, how they are to be implemented and executed by the parties, and how their fulfilment is to be verified by the National Reconciliation Commission, the United Nations and such other international bodies as the parties may designate by mutual agreement.

Page 2,
2. The participants in the negotiations shall be the Conciliator, Monsignor Rodolfo Quesada Torao: the representative of the Secretary-General of the United Nations, Mr. Francesc Vendrell, acting as Observer; the advisers to the Conciliator and the Observer: and the delegations of the Government of the Republic of Guatemala and of URNG. Members of the National Reconciliation Commission shall also participate in meetings for the purpose of noting and verifying the fulfilment of agreements.
The Government of Guatemala and URNG may be misted by advisers, who must be Guatemalan and shall first present their credentials to the Conciliator.
Related cases: No specific mention.
Source: UN Peacemaker. Available at: https://peacemaker.un.org/guatemala-mexicoagreement91 (Accessed 6 October 2020).

Annex

Agreement on the procedure for the search for peace by political means, signed at Mexico City on 26 April 1991

In order to achieve the objectives set out in the Esquipulas II Agreement of 7 August 1987 and to put an end to the internal armed conflict and bring about reconciliation among all Guatemalans, in accordance with the Oslo Agreement of 30 March 1990, the delegations of the Government of Guatemala and of the Unidad Revolucionaria Nacional Guatemalteca (URNG) hereby agree to hold talks in the presence of the Chairman of Guatemala's National Reconciliation Commission, Monsignor Rodolfo Quesada Torufio, acting as Conciliator pursuant to the Oslo Agreement, and of the representative of the Secretary-General of the United Nations, Mr. Francesc Vendrell, acting as Observer.

1. The Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) undertake to conduct a process of negotiation that will permit, in the shortest possible time, the signing of an agreement for a firm and lasting peace which sets out political agreements, how they are to be implemented and executed by the parties, and how their fulfilment is to be verified by the National Reconciliation Commission, the United Nations and such other international bodies as the parties may designate by mutual agreement.

2. The participants in the negotiations shall be the Conciliator, Monsignor Rodolfo Quesada Torao:

the representative of the Secretary-General of the United Nations, Mr. Francesc Vendrell, acting as Observer;

the advisers to the Conciliator and the Observer:

and the delegations of the Government of the Republic of Guatemala and of URNG.

Members of the National Reconciliation Commission shall also participate in meetings for the purpose of noting and verifying the fulfilment of agreements.

The Government of Guatemala and URNG may be misted by advisers, who must be Guatemalan and shall first present their credentials to the Conciliator.

3. In order to accelerate the process and ensure its success, the Government and URNG agree to hold negotiations through direct meetings between the parties, with the active participation of the Conciliator and in the presence of the Observer.

Indirect meetings may also be held between the parties, through the Conciliator and in the presence of the Observer, with their respective advisers, if they deem it appropriate.

4. The Government and URNG undertake to be duly represented in the negotiations by high-level delegates, in order to negotiate and conclude political agreements in accordance with the existing constitutional framework and with the El Escorial agreements.

5. The Conciliator, in his capacity as Chairman of the National Reconciliation Commission, may if he thinks fit call together the various sectors that participated in the meetings with URNO held during 1990 under the Oslo Agreement, so as to inform them of the progress of the negotiations in the search for a firm and lasting peace and a solution to the nation's problems.

6. The Government of the Republic of Guatemala and URNG agree not to abandon the negotiating process unilaterally and to pursue it without interruption, in accordance with these procedural rules, until the negotiating agenda is exhausted.

They undertake to act in good faith in an atmosphere of complete mutual respect and reiterate their express determination to reach political agreements for achieving a firm and lasting peace that will bring the internal armed conflict in Guatemala to an early, definitive end.

7. Meetings shall be announced publicly and discussions shall be conducted privately, without publicity.

The media shall have access to the meetings during such periods as the delegations shall determine by mutual consent.

Neither the parties nor the participants shall unilaterally give out any information on the phase of the negotiations, unless it is agreed otherwise.

If the parties reach any significant agreements, the Conciliator shall read out the official communiques drafted for the information of the public.

The Observer for his part, shall keep the Secretary-General of the United Nations informed of the progress of the negotiations.

8. The Conciliator, Monsignor Rodolfo Quesada Toruio, in his capacity as Chairman of the National Reconciliation Commission, shall conduct meetings in accordance with the usual standards of debate.

No recordings shall be made of the meeting, nor shall minutes be taken.

Any agreements reached shall he formalised in documents discussed and approved by the parties and shall be signed by the Conciliator, the Observer, the delegates of the parties, and the members of the National Reconciliation Commission.

9. Under the Oslo Agreement, it is the function of the Conciliator to propose initiatives to the parties and to facilitate and sustain dialogue and negotiation, imparting momentum to that process and summarising points of agreement and disagreement between the parties.

To that end, he has the power to propose initiatives and solutions for discussion and agreement and may do whatever else is necessary to the proper fulfilment of his mission.

In addition to any other powers conferred on him in other sections of this document, the Conciliator shall:

(a) convene the agreed meetings;

(b) act as depositary for any documents that may result from the negotiation and provide certified copies thereof to the parties;

FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA:

(Signed) Manuel E. CONDE ORELLANA, General Secretary of the Presidency of the Republic;

(Signed) Manolo BENDFELDT ALEJOS, Minister for Development;

(Signed) Brigadier General Edgar Augusto GODOY GAITAN, Deputy Chief of Staff of National Defence;

(Signed) Brigadier General Jose D. GARCIA SAMAYOA, Commander of the Guard of Honour Military Brigade;

(Signed) Brigadier General Mario Rene ENRIQUEZ M., Commander of Military Zone 22, Playa Grande, Quiche;

(Signed) Julio A. BALCONI TURCIOS, Commander of the Mariscal Zavala Military Brigade;

(Signed) Colonel Marco A. GONZALEZ T., Commander of the Mobile Military Police;

(Signed) Ernesto VITERI ECHEVERRIA, Special Adviser to the Presidency of the Republic;

(Signed) Ruben Amilcar BURGOS SOLIS, Special Adviser to the Presidency of the Republic;

(Signed) Jose Luis ASENSIO AGUIRRE, Adviser to the President of the Republic;

FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA (URNG): General Command

(Signed) Commander Gaspar ILOM;

(Signed) Commander Pablo MONSANTO;

(Signed) Commander Rolando MORAN;

(Signed) Carlos GONZALEZ, Secretary of the Central Committee of the Partido Guatemalteco de Trabajadores (PGT);

Political and Diplomatic Commission

(Signed) Francisco VILLAGRAN MUROZ;

(Signed) Luis Becker GUZMAN;

(Signed) Miguel Angel SANDOVAL;

(Signed) Luz MENDEZ;

FOR THE NATIONAL RECONCILIATION COMMISSION:

(Signed) Teresa BOLAROS DE ZARCO;

(Signed) Mario PERMUTH LISTWA;

(Signed) Oliverio GARCIA RODAS;

(Signed) Luis MORALES CHU, Advisor;

(Signed) Monsignor Rodolfo QUEZADA TORUPO, Conciliator, Chairman of the National Reconciliation Commission;

FOR THE UNITED NATIONS:

(Signed) Franceso VENDRELL, Representative of the Secretary-General of the United Nations;