Acuerdo Complementario del 22 de Diciembre de 1992

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Country/entity: El Salvador
Region: Americas
Agreement name: Acuerdo Complementario del 22 de Diciembre de 1992
Date: 22 Dec 1992
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
El Salvador Civil War (1979 - 1992)
The civil war in El Salvador lasted from 1979 to 1992 between an authoritarian government and non-state opponents. Following a failed coup d’état, five leftist guerrilla movements merged to form the umbrella organisation Farabundo Marti National Liberation Front (FMLN). U.S. support for the central Salvatorean government after 1979 lasted until its collapsed in late 1980s, after which the right-wing Republican National Alliance (Arena) filled the power vacuum. In March 1990, the rebels announced a suspension of attacks on non-military entered into talks backed by the UN and Catholic Church with the government. Despite the talks violence peaked over the next two years until the Chapultepec Peace Accords were signed in Mexico City in February 1992. Another ceasefire was signed a month later, which lasted nine months and was never broken during that time. Arena won the 1994 presidential elections and maintained a significant portion of the legislature until 2009, when the FMLN attained the presidency.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: El Salvador peace process
Parties: Govt of El Salvador, FMLN (no signing indicated)
Third parties: -
Description: This is a complementary implementation agreement covering the issues of weapons collection, transfer of property/land in former conflict zones, transfer of land that exceeds the constitutional limit of 245 hectares (land reform), national civil police (financed by ONUSAL to retrain ex-FMLN members), reinsertion programmes, political participation of the FMLN, pending laws etc.

Agreement document: SV_921222_Acuerdo Complementario del 22 de Diciembre de 1992 (EN).pdf (opens in new tab) | Download PDF
Agreement document (original language): SV_921222_Acuerdo Complementario del 22 de Diciembre de 1992.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: Groups→Disabled persons→Substantive
Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
2. Both parties also undertake to issue a call to the national community and take the required steps to obtain funding for housing for the demobilised and disabled.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
B. Transfer of lands in non-conflict zones- govt commits to accelerate the implementation of the land transfer; reaffirms that former FMLN combatants and office holders can have access to land grants; C. provides for transfer of land exceeding the 245 hectare constitutional limit in the former conflict zone to FMLN combatants and office holders. E.1.c) to prolong a further six months the Decree 205 'Special Transitional Law to Establish the Civil State of Non-Documented Persons Affected by the conflict' and to grant those foreigners included in the Reinsertion Support Program of former combatants of the FMLN, a temporary permit of 60 days to legitimise their residency status in the country following established legal procedures
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: Governance→Political parties reform→Rebels transitioning to political parties
Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
1. The government undertakes to:
a) award by 31 December legal personality to Fundación 16 de Enero and NGOs for which applications are already underway and expedite procedures for other organisations making requests, provided they meet the legal requirements;

Page 3, F. POLITICAL PARTICIPATION OF FMLN
1. The government reiterates its commitment to guarantee the political spaces to which FMLN is legally entitled for its full development as a political party.
Civil society: E.1.a) govt commits to grant juridical personality to NGOs currently seeking that status, provided that they are compliant with the law

Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
1. The government undertakes to:
a) award by 31 December legal personality to Fundación 16 de Enero and NGOs for which applications are already underway and expedite procedures for other organisations making requests, provided they meet the legal requirements;
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

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

Human rights and equality

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

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, A. ARMED FORCES
2. The Government of El Salvador will publish the new doctrine of the Armed Forces twice in all commercial newspapers and radio stations during the first quarter of 1993 to allow it to be known by all members of society.

Page 3-4, F. POLITICAL PARTICIPATION OF FMLN
2. The government undertakes to legally assign the following radio and television frequencies to the companies or individuals designated by FMLN by 15 January:
a) three FM frequencies (for the central zone);
b) three AM frequencies (for the central zone);
c) one shortwave frequency;
d) two frequencies for television channels on the UHF band.
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: Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
2. Both parties also undertake to issue a call to the national community and take the required steps to obtain funding for housing for the demobilised and disabled.

Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
1. The government undertakes to:
b) achieve consensus between the government and FMLN where donors have stipulated this as a requirement for appointing national directors of programmes;

Page 4, H. INTERNATIONAL COOPERATION
Given the significant additional resources required to implement the peace agreements, both parties recognise the need to adopt measures to ensure that, with the support of the Secretary General and the Group of Friends, a group of donors is formed as soon as possible to contribute to and help obtain international funding. Each will carry out the necessary soundings of potential governments to participate in the group to determine if it will be possible to achieve the number and composition before 31 January.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 1-2, B. TRANSFER OF LANDS IN FORMER ZONES OF CONFLICT
In order to complete the first phase of the transfer of lands by 31 January:
1. The government and FMLN undertake to expedite negotiations to determine the purchase price for state properties and issue property transfer certificates, accepting that for the latter it is sufficient to determine the names of beneficiaries if they still do not have ID. Their ID document must be shown before completion of the deeds. Beneficiaries without ID will be able to obtain this from the documentation support programme. During first phase of land transfer, the government will prioritise the transfer of the lands and infrastructure of greatest economic significance, in addition to the purchase of 39,000 manzanas of private property included in the list submitted to the Supervision and Monitoring Committee by FMLN.
The parties also undertake to continue their efforts and the streamlining of procedures to achieve the targets for the other phases of the Land Transfer Programme by the agreed deadlines. The Government of El Salvador also reiterates its commitment to guaranteeing the conditions to allow FMLN veterans and tenedores to have access to the area of land agreed on 23 October 1992.

Page 2, C. TRANSFER OF LANDS IN EXCESS OF THE CONSTITUTIONAL LIMIT OF 245 HECTARES
1. As part of phase one of the transfer of lands, the Government of El Salvador will be entitled to transfer to FMLN veterans and tenedores lands in excess of the 245 ha limit in former zones of conflict classed as priority by FMLN and lands required to meet the target of 38,000 manzanas of state properties after exhausting any other possibilities.
2. Upon completion of the Land Transfer Programme, any surpluses of land in excess of 245 ha will be transferred to the beneficiaries of the agrarian reform within 90 days. The government will provide ONUSAL with a list of properties with surpluses during January 1993 to facilitate verification.
3. The government also reiterates its commitment to ensuring owners of rural lands in excess of 245 ha do not evade application of the constitutional mandate.
The agreement between the government and peasant organisations regarding occupied lands, dated 3 July 1991, will be respected.
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: D. Civilian National Police- govts commits to funding new police service and Public Security National Academy; agreed organisational structure; verification by ONUSAL

Page 1, A. ARMED FORCES
1. By 31 January, the Government of El Salvador will have collected, with verification by ONUSAL, around 75% of arms for the exclusive use of the Armed Forces recorded as transferred to the various state institutions, including the Transport Police, public officials and private companies. Between 1 February and 31 March, the government will collected the remainder of arms registered as transferred. It will also adopt a series of measures to collect unregistered arms for the exclusive use of the Armed Forces acquired by civilians.
ONUSAL will assess the results on 31 March. If they are unsatisfactory, the deadline for the collection of these arms should be extended or other measures deemed more effective to achieve the agreed target should be adopted.

Page 2, D. NATIONAL CIVIL POLICE
1. The parties note the decision adopted by ONUSAL to obtain funding for preparation courses for the aptitude and sufficiency exam to cover all FMLN veterans who require it.
2. The government also undertakes to fund the general operating budget of the National Civil Police (Policia Nacional Civil, PNC) and the National Public Safety Academy (Academia Nacional de Seguridad Pública, ANSP) to allow their implementation in line with the peace agreements.
3. As the criminal and antinarcotics investigative divisions of PNC begin operations, there will be a gradual transition process from the current criminal and antinarcotics investigatory commissions to incorporate their staff and teams into the corresponding divisions of PNC.
A specific time scale will be set for this gradual transition, to be as short as possible without affecting the joint effectiveness of these bodies. The incorporation of staff from the current commissions into the corresponding PNC divisions will be previously assessed by the head of the PNC and verified by ONUSAL based on criteria of professional competence and aptitude to carry out duties in the new civil police force. After their evaluation, staff will also be required to pass a specifically designed course at ANSP on the PNC doctrine and other conceptual elements.

Page 3, D. NATIONAL CIVIL POLICE
4. The government undertakes to complete the implementation of the special regime for former zones of conflict by 31 December. To achieve this, it will open new stations and make the changes to staff and resources required to allow the Transitional Auxiliary Police to cover public safety of the area of land set out in the Special Public Safety Regime agreed with ONUSAL.
5. The government undertakes to complete the fitting out of the temporary ANSP building and carry out and formalise the purchase of the permanent site of the Academy by 31 January 1993.
Armed forces: Page 1, A. ARMED FORCES
1. By 31 January, the Government of El Salvador will have collected, with verification by ONUSAL, around 75% of arms for the exclusive use of the Armed Forces recorded as transferred to the various state institutions, including the Transport Police, public officials and private companies. Between 1 February and 31 March, the government will collected the remainder of arms registered as transferred. It will also adopt a series of measures to collect unregistered arms for the exclusive use of the Armed Forces acquired by civilians.
ONUSAL will assess the results on 31 March. If they are unsatisfactory, the deadline for the collection of these arms should be extended or other measures deemed more effective to achieve the agreed target should be adopted.

Page 1, A. ARMED FORCES
2. The Government of El Salvador will publish the new doctrine of the Armed Forces twice in all commercial newspapers and radio stations during the first quarter of 1993 to allow it to be known by all members of society.
DDR: Security sector→DDR→DDR programmes
Page 1, A. ARMED FORCES
1. By 31 January, the Government of El Salvador will have collected, with verification by ONUSAL, around 75% of arms for the exclusive use of the Armed Forces recorded as transferred to the various state institutions, including the Transport Police, public officials and private companies. Between 1 February and 31 March, the government will collected the remainder of arms registered as transferred. It will also adopt a series of measures to collect unregistered arms for the exclusive use of the Armed Forces acquired by civilians.
ONUSAL will assess the results on 31 March. If they are unsatisfactory, the deadline for the collection of these arms should be extended or other measures deemed more effective to achieve the agreed target should be adopted.

Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
1. The government undertakes to:
a) award by 31 December legal personality to Fundación 16 de Enero and NGOs for which applications are already underway and expedite procedures for other organisations making requests, provided they meet the legal requirements;
b) achieve consensus between the government and FMLN where donors have stipulated this as a requirement for appointing national directors of programmes;
c) extend Decree 205 (Special Transitional Law to Establish the Civil Status of Undocumented Persons Affected by the Conflict) for a further six months and provide the foreign nationals covered by the support programme for the reinsertion of FMLN veterans a 60-day temporary permit for them to legalise their residency status in the country in line with the established legal procedures and provided this is requested by 31 January 1993;
d) accept the inclusion of FMLN political activists as beneficiaries of the scholarship programme for training among the places originally set out for the programme.

Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
2. Both parties also undertake to issue a call to the national community and take the required steps to obtain funding for housing for the demobilised and disabled.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, C. TRANSFER OF LANDS IN EXCESS OF THE CONSTITUTIONAL LIMIT OF 245 HECTARES
1. As part of phase one of the transfer of lands, the Government of El Salvador will be entitled to transfer to FMLN veterans and tenedores lands in excess of the 245 ha limit in former zones of conflict classed as priority by FMLN and lands required to meet the target of 38,000 manzanas of state properties after exhausting any other possibilities.

Page 3, E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS
1. The government undertakes to:
a) award by 31 December legal personality to Fundación 16 de Enero and NGOs for which applications are already underway and expedite procedures for other organisations making requests, provided they meet the legal requirements;

Page 3, F. POLITICAL PARTICIPATION OF FMLN
1. The government reiterates its commitment to guarantee the political spaces to which FMLN is legally entitled for its full development as a political party.

Page 3-4, F. POLITICAL PARTICIPATION OF FMLN
2. The government undertakes to legally assign the following radio and television frequencies to the companies or individuals designated by FMLN by 15 January:
a) three FM frequencies (for the central zone);
b) three AM frequencies (for the central zone);
c) one shortwave frequency;
d) two frequencies for television channels on the UHF band.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

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

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, UNTITLED PREAMBLE
On 22 December, having completed the cessation of armed conflict, in order to ensure the full implementation of the peace agreements, the Government of El Salvador and the Farabundo Martí National Liberation Front (Frente Farabundo Martí para la Liberación Nacional, FMLM), undertake to strictly comply with the commitments and deadlines herein, with verification by the United Nations Observer Mission in El Salvador (ONUSAL), notwithstanding any other commitments under implementation.

Page 1, A. ARMED FORCES
1. By 31 January, the Government of El Salvador will have collected, with verification by ONUSAL, around 75% of arms for the exclusive use of the Armed Forces recorded as transferred to the various state institutions, including the Transport Police, public officials and private companies. Between 1 February and 31 March, the government will collected the remainder of arms registered as transferred. It will also adopt a series of measures to collect unregistered arms for the exclusive use of the Armed Forces acquired by civilians.
ONUSAL will assess the results on 31 March. If they are unsatisfactory, the deadline for the collection of these arms should be extended or other measures deemed more effective to achieve the agreed target should be adopted.
Enforcement mechanism: subject to ONUSAL verification; G. both parties agree to promote through their COPAZ reps approval of the pending Parliamentary Bills to implement the terms of the agreement

Page 1, UNTITLED PREAMBLE
On 22 December, having completed the cessation of armed conflict, in order to ensure the full implementation of the peace agreements, the Government of El Salvador and the Farabundo Martí National Liberation Front (Frente Farabundo Martí para la Liberación Nacional, FMLM), undertake to strictly comply with the commitments and deadlines herein, with verification by the United Nations Observer Mission in El Salvador (ONUSAL), notwithstanding any other commitments under implementation.
Related cases: No specific mention.
Source: UN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/SV_921222_Acuerdo%20Complementario%20del%2022%20de%20Diciembre%20de%201992.pdf

Complementary Agreement, 22 December 1992

22 December 1992

On 22 December, having completed the cessation of armed conflict, in order to ensure the full implementation of the peace agreements, the Government of El Salvador and the Farabundo Martí National Liberation Front (Frente Farabundo Martí para la Liberación Nacional, FMLM), undertake to strictly comply with the commitments and deadlines herein, with verification by the United Nations Observer Mission in El Salvador (ONUSAL), notwithstanding any other commitments under implementation.

A. ARMED FORCES

1. By 31 January, the Government of El Salvador will have collected, with verification by ONUSAL, around 75% of arms for the exclusive use of the Armed Forces recorded as transferred to the various state institutions, including the Transport Police, public officials and private companies.

Between 1 February and 31 March, the government will collected the remainder of arms registered as transferred.

It will also adopt a series of measures to collect unregistered arms for the exclusive use of the Armed Forces acquired by civilians.

ONUSAL will assess the results on 31 March.

If they are unsatisfactory, the deadline for the collection of these arms should be extended or other measures deemed more effective to achieve the agreed target should be adopted.

2. The Government of El Salvador will publish the new doctrine of the Armed Forces twice in all commercial newspapers and radio stations during the first quarter of 1993 to allow it to be known by all members of society.

B. TRANSFER OF LANDS IN FORMER ZONES OF CONFLICT

In order to complete the first phase of the transfer of lands by 31 January:

1. The government and FMLN undertake to expedite negotiations to determine the purchase price for state properties and issue property transfer certificates, accepting that for the latter it is sufficient to determine the names of beneficiaries if they still do not have ID.

Their ID document must be shown before completion of the deeds.

Beneficiaries without ID will be able to obtain this from the documentation support programme.

During first phase of land transfer, the government will prioritise the transfer of the lands and infrastructure of greatest economic significance, in addition to the purchase of 39,000 manzanas of private property included in the list submitted to the Supervision and Monitoring Committee by FMLN.

The parties also undertake to continue their efforts and the streamlining of procedures to achieve the targets for the other phases of the Land Transfer Programme by the agreed deadlines.

The Government of El Salvador also reiterates its commitment to guaranteeing the conditions to allow FMLN veterans and tenedores to have access to the area of land agreed on 23 October 1992.

C. TRANSFER OF LANDS IN EXCESS OF THE CONSTITUTIONAL LIMIT OF 245 HECTARES

1. As part of phase one of the transfer of lands, the Government of El Salvador will be entitled to transfer to FMLN veterans and tenedores lands in excess of the 245 ha limit in former zones of conflict classed as priority by FMLN and lands required to meet the target of 38,000 manzanas of state properties after exhausting any other possibilities.

2. Upon completion of the Land Transfer Programme, any surpluses of land in excess of 245 ha will be transferred to the beneficiaries of the agrarian reform within 90 days.

The government will provide ONUSAL with a list of properties with surpluses during January 1993 to facilitate verification.

3. The government also reiterates its commitment to ensuring owners of rural lands in excess of 245 ha do not evade application of the constitutional mandate.

The agreement between the government and peasant organisations regarding occupied lands, dated 3 July 1991, will be respected.

D. NATIONAL CIVIL POLICE

1. The parties note the decision adopted by ONUSAL to obtain funding for preparation courses for the aptitude and sufficiency exam to cover all FMLN veterans who require it.

2. The government also undertakes to fund the general operating budget of the National Civil Police (Policia Nacional Civil, PNC) and the National Public Safety Academy (Academia Nacional de Seguridad Pública, ANSP) to allow their implementation in line with the peace agreements.

3. As the criminal and antinarcotics investigative divisions of PNC begin operations, there will be a gradual transition process from the current criminal and antinarcotics investigatory commissions to incorporate their staff and teams into the corresponding divisions of PNC.

A specific time scale will be set for this gradual transition, to be as short as possible without affecting the joint effectiveness of these bodies.

The incorporation of staff from the current commissions into the corresponding PNC divisions will be previously assessed by the head of the PNC and verified by ONUSAL based on criteria of professional competence and aptitude to carry out duties in the new civil police force.

After their evaluation, staff will also be required to pass a specifically designed course at ANSP on the PNC doctrine and other conceptual elements.

4. The government undertakes to complete the implementation of the special regime for former zones of conflict by 31 December.

To achieve this, it will open new stations and make the changes to staff and resources required to allow the Transitional Auxiliary Police to cover public safety of the area of land set out in the Special Public Safety Regime agreed with ONUSAL.

5. The government undertakes to complete the fitting out of the temporary ANSP building and carry out and formalise the purchase of the permanent site of the Academy by 31 January 1993.

E. MEDIUM-TERM PROGRAMMES FOR THE REINSERTION OF FMLN VETERANS

1. The government undertakes to:

a) award by 31 December legal personality to Fundación 16 de Enero and NGOs for which applications are already underway and expedite procedures for other organisations making requests, provided they meet the legal requirements;

b) achieve consensus between the government and FMLN where donors have stipulated this as a requirement for appointing national directors of programmes;

c) extend Decree 205 (Special Transitional Law to Establish the Civil Status of Undocumented Persons Affected by the Conflict) for a further six months and provide the foreign nationals covered by the support programme for the reinsertion of FMLN veterans a 60-day temporary permit for them to legalise their residency status in the country in line with the established legal procedures and provided this is requested by 31 January 1993;

d) accept the inclusion of FMLN political activists as beneficiaries of the scholarship programme for training among the places originally set out for the programme.

2. Both parties also undertake to issue a call to the national community and take the required steps to obtain funding for housing for the demobilised and disabled.

F. POLITICAL PARTICIPATION OF FMLN

1. The government reiterates its commitment to guarantee the political spaces to which FMLN is legally entitled for its full development as a political party.

2. The government undertakes to legally assign the following radio and television frequencies to the companies or individuals designated by FMLN by 15 January:

a) three FM frequencies (for the central zone);

b) three AM frequencies (for the central zone);

c) one shortwave frequency;

d) two frequencies for television channels on the UHF band.

G. OUTSTANDING LAWS

Both parties undertake to promote approval of draft outstanding via their representatives on the National Commission for the Consolidation of Peace (Comision Nacional Para la Consolidacion de la Paz, COPAZ) in January to allow for their approval by the Legislative Assembly during the month.

H. INTERNATIONAL COOPERATION

Given the significant additional resources required to implement the peace agreements, both parties recognise the need to adopt measures to ensure that, with the support of the Secretary General and the Group of Friends, a group of donors is formed as soon as possible to contribute to and help obtain international funding.

Each will carry out the necessary soundings of potential governments to participate in the group to determine if it will be possible to achieve the number and composition before 31 January.