Agreement to establish Commission to clarify past human rights violations and acts of violence that caused the Guatemalan population to suffer

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Country/entity: Guatemala
Region: Americas
Agreement name: Agreement to establish Commission to clarify past human rights violations and acts of violence that caused the Guatemalan population to suffer
Date: 23 Jun 1994
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Guatemala peace process
Parties: For the Government of the Republic of Guatemala: (Signed) Héctor ROSADA GRANADOS; (Signed) General Carlos Enrique PINEDA CARRANZA; (Signed) Antonio M. ARENALES FORNO; (Signed) General Julio Arnoldo BALCONI TURCIOS; (Signed) General José Horacio SOTO SALAN; (Signed) Mario PERMUTH; (Signed) Amilcar BURGOS SOLIS
For the Unidad Revolucionaria Nacional Guatemalteca General Command: (Signed) Carlos GONZALES; (Signed) Commander Rolando MORAN; (Signed) Commander Gaspar ILOM; (Signed) Commander Pablo MONSANTO;
Third parties: Political and Diplomatic Commission: (Signed) Luis Felipe BECKER GUZMAN; (Signed) Miguel Angel SANDOVAL; (Signed) Francisco VILLAGRAN MUÑOZ; (Signed) Luz MENDEZ GUTIERREZ
Advisers: (Signed) Mario Vinicio CASTAÑEDA; (Signed) Miguel Angel REYES; (Signed) Jorge ROSAL;
For the United Nations; (Signed) Jean ARNAULT, Moderator;
Description: Defined process for investing human rights abuses and for producing recommendations to contribute to national reconciliation. Agreed findings would not attribute responsibility to any individual and recommendations would not be legally binding. Proceedings would be confidential and content and sources of information would not be made public.

Agreement document: GT_940623_EstablishmentCommissionClarifyPastHumanRightsViolations.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: Page 1, Untitled Preamble
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;
Whereas the present-day history of our country is marked by grave acts of violence, disregard for the fundamental rights of the individual and suffering of the population connected with the armed conflict;

Page 1, Untitled Preamble
... Reiterating its wish to comply fully with the Comprehensive Agreement on Human Rights of 29 March 1994;
Reiterating its wish to open as soon as possible a new chapter in Guatemala’s history which, being the culmination of a lengthy process of negotiation, will put an end to the armed conflict and help lay the bases for peaceful coexistence and respect for human rights among Guatemalans;

Page 1, Purposes
I. To clarify with all objectivity, equity and impartiality the human rights violations and acts of violence that have caused the Guatemalan population to suffer, connected with the armed conflict.
III. Formulate specific recommendations to encourage peace and national harmony in Guatemala. The Commission shall recommend, in particular, measures to preserve the memory of the victims, to foster a culture of mutual respect and observance of human rights and to strengthen the democratic process.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, Untitled Preamble
... Whereas the people of Guatemala have a right to know the whole truth concerning these events, clarification of which will help avoid a repetition of these sad and painful events and strengthen the process of democratization in Guatemala;

Page 1, Purposes
III. Formulate specific recommendations to encourage peace and national harmony in Guatemala. The Commission shall recommend, in particular, measures to preserve the memory of the victims, to foster a culture of mutual respect and observance of human rights and to strengthen the democratic process.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

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

Justice sector reform

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

Socio-economic reconstruction

Development or socio-economic reconstruction: 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: [Summary: The purpose of agreement is to establish truth commission; deals with purpose, operation, composition, installation and duration, report, and international verification]

Page 1, Untitled Preamble
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;

Page 1, Untitled Preamble
... Whereas the people of Guatemala have a right to know the whole truth concerning these events, clarification of which will help avoid a repetition of these sad and painful events and strengthen the process of democratization in Guatemala;

Page 1, Purposes
I. To clarify with all objectivity, equity and impartiality the human rights violations and acts of violence that have caused the Guatemalan population to suffer, connected with the armed conflict.
II. To prepare a report that will contain the findings of the investigations carried out and provide objective information regarding events during this period covering all factors, internal as well as external.
III. Formulate specific recommendations to encourage peace and national harmony in Guatemala. The Commission shall recommend, in particular, measures to preserve the memory of the victims, to foster a culture of mutual respect and observance of human rights and to strengthen the democratic process.

Page 1, Period covered
The Commission’s investigations shall cover the period from the start of the armed conflict until the signing of the firm and lasting peace agreement.

Page 2, Operation
I. The Commission shall receive particulars and information from individuals or institutions that consider themselves to be affected and also from the Parties.
II. The Commission shall be responsible for clarifying these situations fully and in detail. In particular, it shall analyse the factors and circumstances involved in those cases with complete impartiality. The Commission shall invite those who may be in possession of relevant information to submit their version of the incidents. Failure of those concerned to appear shall not prevent the Commission from reaching a determination on the cases.
III. The Commission shall not attribute responsibility to any individual in its work, recommendations and report nor shall these have any judicial aim or effect.
IV. The Commission’s proceedings shall be confidential so as to guarantee the secrecy of the sources and the safety of witnesses and informants.
V. Once it is established, the Commission shall publicize the fact that it has been established and the place where it is meeting by all possible means, and shall invite interested parties to present their information and their testimony.

Page 2, Composition
The Commission shall consist of the following three members:
(i) The present Moderator of the peace negotiations, whom the Secretary-General of the United Nations shall be asked to appoint.
(ii) One member, a Guatemalan of irreproachable conduct, appointed by the Moderator with the agreement of the Parties.
(iii) One academic selected by the Moderator, with the agreement of the Parties, from a list proposed by the University presidents.
The Commission shall have whatever support staff it deems necessary, with the requisite qualifications, in order to carry out its tasks.

Page 2, Installation and duration
The Commission shall be set up, installed and shall start to work as of the day the firm and lasting peace agreement is signed. The Commission shall work for a period of six months starting from the date of its installation; this period may be extended for a further six months if the Commission so decides.

Page 2-3, Report
The Commission shall prepare a report which shall be handed over to the parties and to the Secretary-General of the United Nations who shall publish it.
Inability to investigate all the cases or situations presented to the Commission shall not detract from the report’s validity.

Page 3, Commitment of the Parties
The Parties undertake to collaborate with the Commission in all matters that may be necessary for the fulfilment of its mandate. In particular, they undertake to establish, prior to setting up the Commission and during its operations, the necessary conditions so that the Commission may fulfil the terms of reference established in the present agreement.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 1, Purposes
III. Formulate specific recommendations to encourage peace and national harmony in Guatemala. The Commission shall recommend, in particular, measures to preserve the memory of the victims, to foster a culture of mutual respect and observance of human rights and to strengthen the democratic process.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: For the United Nations; (Signed) Jean ARNAULT, Moderator;
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Int'l Verification: implementation subject to UN verification; Commitment of the Parties: 'The Parties undertake to collaborate with the Commission in all matters that may be necessary for the fulfilment of its mandate. In particular, they undertake to establish, prior to setting up the Commission and during its operations, the necessary conditions so that the Commission may fulfil the terms of reference established in the present agreement.'

Page 3, International verification
In conformity with the Framework Agreement of 10 January 1994, implementation of this Agreement shall be subject to international verification by the United Nations.

Page 3, Measures for prompt execution following the signing of this Agreement
The Parties agree to ask the Secretary-General to appoint the Moderator of the negotiations as a member of the Commission as soon as possible. When he is appointed, he shall be authorized to proceed forthwith to make all necessary arrangements to ensure that the Commission functions smoothly once it is established and installed in conformity with the provisions of this Agreement.
Related cases: No specific mention.
Source: United States Institute of Peace (1998) Peace Agreements: Guatemala - Peace Agreements Digital Collection. Available at: https://www.usip.org/publications/1998/11/peace-agreements-guatemala (Accessed 14 October 2020).

ANNEX II

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;

Whereas the present-day history of our country is marked by grave acts of violence, disregard for the fundamental rights of the individual and suffering of the population connected with the armed conflict;

Whereas the people of Guatemala have a right to know the whole truth concerning these events, clarification of which will help avoid a repetition of these sad and painful events and strengthen the process of democratization in Guatemala;

Reiterating its wish to comply fully with the Comprehensive Agreement on Human Rights of 29 March 1994;

Reiterating its wish to open as soon as possible a new chapter in Guatemala’s history which, being the culmination of a lengthy process of negotiation, will put an end to the armed conflict and help lay the bases for peaceful coexistence and respect for human rights among Guatemalans;

Whereas, in this context, promotion of a culture of harmony and mutual respect that will eliminate any form of revenge or vengeance is a prerequisite for a firm and lasting peace,

The Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (hereafter referred to as "the Parties") have agreed as follows:

To establish a Commission whose terms of reference shall be as follows:

Purposes

I. To clarify with all objectivity, equity and impartiality the human rights violations and acts of violence that have caused the Guatemalan population to suffer, connected with the armed conflict.

II. To prepare a report that will contain the findings of the investigations carried out and provide objective information regarding events during this period covering all factors, internal as well as external.

III. Formulate specific recommendations to encourage peace and national harmony in Guatemala.

The Commission shall recommend, in particular, measures to preserve the memory of the victims, to foster a culture of mutual respect and observance of human rights and to strengthen the democratic process.

Period covered

The Commission’s investigations shall cover the period from the start of the armed conflict until the signing of the firm and lasting peace agreement.

Operation

I. The Commission shall receive particulars and information from individuals or institutions that consider themselves to be affected and also from the Parties.

II. The Commission shall be responsible for clarifying these situations fully and in detail.

In particular, it shall analyse the factors and circumstances involved in those cases with complete impartiality.

The Commission shall invite those who may be in possession of relevant information to submit their version of the incidents.

Failure of those concerned to appear shall not prevent the Commission from reaching a determination on the cases.

III. The Commission shall not attribute responsibility to any individual in its work, recommendations and report nor shall these have any judicial aim or effect.

IV. The Commission’s proceedings shall be confidential so as to guarantee the secrecy of the sources and the safety of witnesses and informants.

V. Once it is established, the Commission shall publicize the fact that it has been established and the place where it is meeting by all possible means, and shall invite interested parties to present their information and their testimony.

Composition

The Commission shall consist of the following three members:

(i) The present Moderator of the peace negotiations, whom the Secretary-General of the United Nations shall be asked to appoint.

(ii) One member, a Guatemalan of irreproachable conduct, appointed by the Moderator with the agreement of the Parties.

(iii) One academic selected by the Moderator, with the agreement of the Parties, from a list proposed by the University presidents.

The Commission shall have whatever support staff it deems necessary, with the requisite qualifications, in order to carry out its tasks.

Installation and duration

The Commission shall be set up, installed and shall start to work as of the day the firm and lasting peace agreement is signed.

The Commission shall work for a period of six months starting from the date of its installation;

this period may be extended for a further six months if the Commission so decides.

Report

The Commission shall prepare a report which shall be handed over to the parties and to the Secretary-General of the United Nations who shall publish it.

Inability to investigate all the cases or situations presented to the Commission shall not detract from the report’s validity.

Commitment of the Parties

The Parties undertake to collaborate with the Commission in all matters that may be necessary for the fulfilment of its mandate.

In particular, they undertake to establish, prior to setting up the Commission and during its operations, the necessary conditions so that the Commission may fulfil the terms of reference established in the present agreement.

International verification

In conformity with the Framework Agreement of 10 January 1994, implementation of this Agreement shall be subject to international verification by the United Nations.

Measures for prompt execution following the signing of this Agreement

The Parties agree to ask the Secretary-General to appoint the Moderator of the negotiations as a member of the Commission as soon as possible.

When he is appointed, he shall be authorized to proceed forthwith to make all necessary arrangements to ensure that the Commission functions smoothly once it is established and installed in conformity with the provisions of this Agreement.

Oslo, 23 June 1994

For the Government of the Republic of Guatemala

(Signed)

Héctor ROSADA GRANADOS

(Signed)

General Carlos Enrique PINEDA CARRANZA

(Signed)

Antonio M. ARENALES FORNO

(Signed)

General Julio Arnoldo BALCONI TURCIOS

(Signed)

General José Horacio SOTO SALAN

(Signed)

Mario PERMUTH

(Signed)

Amilcar BURGOS SOLIS

For the Unidad Revolucionaria Nacional Guatemalteca General Command

(Signed)

Carlos GONZALES

(Signed)

Commander Rolando MORAN

(Signed)

Commander Gaspar ILOM

(Signed)

Commander Pablo MONSANTO

Political and Diplomatic Commission

(Signed)

Luis Felipe BECKER GUZMAN

(Signed)

Miguel Angel SANDOVAL

(Signed)

Francisco VILLAGRAN MUÑOZ

(Signed)

Luz MENDEZ GUTIERREZ

Advisers

(Signed)

Mario Vinicio CASTAÑEDA

(Signed)

Miguel Angel REYES

(Signed)

Jorge ROSAL

For the United Nations

(Signed)

Jean ARNAULT

Moderator