Framework Agreement on Democratization in the Search for Peace by Political Means ('The Queretaro Agreement')

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Country/entity: Guatemala
Region: Americas
Agreement name: Framework Agreement on Democratization in the Search for Peace by Political Means ('The Queretaro Agreement')
Date: 25 Jul 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: Renewal
Conflict nature: Government
Peace process: Guatemala peace process
Parties: FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA
(Signed) Manuel CONDE ORELLANA Secretary-General of the Presidency of the Republic;
(Signed) Fernando HURTADO PREM Minister of the Interior;
(Signed) Brigadier General Mario Rene ENRIQUEZ MORALES Commander of the Military Brigade Guard of Honour;
(Signed) Staff Colonel Marco A. GONZALEZ TARACENA Director of intelligence of the National Defence Staff;
(Signed) Ruben Amilcar BURGOS SOLIS Special Counsellor to the Presidency of the Republic;
(Signed) Manolo BENDFELDT ALEJOS Minister of Urban and Rural Development;
(Signed) Brigadier General Jose D. GARCIA SAMAYOA, Deputy Chief of the National Defence Staff;
(Signed) Staff Colonel Julio A. BALCONI TURCIOS Commander of the Mobile Military Police;
(Signed) Ernesto VITERI ECHEVERRIA Special Counsellor 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;
Third parties: Political and Diplomatic Commission:
(Signed) Francisco VILLAGRAN MUNOZ;
(Signed) Luis BEKKER GUZMAN;
(Signed) Miguel Angel SANDOVAL;
(Signed) Mario CASTABEDA, Adviser;

FOR THE NATIONAL RECONCILIATION COMMISSION:
(Signed) Teresa BOLAROS DE ZARCO;
(Signed) Alfonso CABRERA HIDALGO;
(Signed) Mario PERMUTH LISTWA;
(Signed) Oliverio GARCIA RODAS;
(Signed) Monsignor Rodolfo QUEZADA TORUNO, Conciliator, Chairman of the National Reconciliation Commission;

FOR THE UNITED NATIONS: (Signed) Francesc VENDRELL, Representative of the Secretary-General of the United Nations;
Description: Outlined meaning and implications of a democratic regime. Agreed on importance of ending political repression, electoral fraud and illegal manipulation of elections and on need to promote citizen participation in development, implementation and assessment of government policies.

Agreement document: GT_910725_Queretaro Agreement.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: Groups→Indigenous people→Rhetorical
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(g) Recognition of and respect for the identity and rights of indigenous peoples;
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(i) Effective resettlement of populations uprooted by the internal armed conflict.
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): Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(g) Recognition of and respect for the identity and rights of indigenous peoples;
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: Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 10, CONSIDER THAT:
2. The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.
5. The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.

Page 11, AGREE:
II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.

Page 11, AGREE:
III. That this Agreement must be disseminated widely to the people of Guatemala and, in particular, to the sectors which took part in the dialogue at the meetings held under the Oslo Agreement and the National Dialogue, and that they must be informed by the Conciliator in order to ensure that the Agreement is duly understood.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 10, CONSIDER THAT:
6. Any political agreements reached by the Government of the Republic of Guatemala an the Unidad Revolucionaria Nacional Guatemalteca (URNG) must reflect the legitimate aspirations of all Guatemalans and lead to institutional measures and the proposal of constitutional reforms to the Congress of the Republic, within the framework and in the spirit of the Political Constitution of the Republic of Guatemala and the Oslo, El Escorial and Mexico 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 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(c) The effective functioning of a State subject to the rule of law;
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
(e) Unconditional respect for human rights;
(g) Recognition of and respect for the identity and rights of indigenous peoples;

Page 11, AGREE:
II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.
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 10, Untitled Preamble
With the aim of achieving the objectives set forth in the Esquipulas II Agreement of 7 August 1987 and in accordance with the Oslo Agreement of 30 March 1990, the delegations of the Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), having pursued negotiations under the Oslo Agreement with the Chairman of the National Reconciliation Commission, Mr. Rodolfo Quezada Tomas:), acting as Conciliator, with the participation of the National Reconciliation Commission (CNR) and with the Representative of the Secretary-General of the United Nations Mr. Francesc Vendrell, acting as Observer, and hereby placing on record the agreements which they have reached on the item "democratization" of the general agenda adopted at Mexico City on 26 April 1991,

Page 10, CONSIDER THAT:
1. The political forces and the various sectors which make up Guatemalan society have expressed their desire for the achievement of peace, democracy and social justice.
2. The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.
3. Considering the issue of democratization makes it possible to establish a general framework within which to approach coherently the other items to be discussed in the negotiating process.
4. Guatemala requires measures which ensure the development of political, economic, social and cultural democratization. The Government of the Republic of Guatemala recognizes its responsibility to implement measures which are in the population's interest and guarantee the country's democratization.
5. The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.
6. Any political agreements reached by the Government of the Republic of Guatemala an the Unidad Revolucionaria Nacional Guatemalteca (URNG) must reflect the legitimate aspirations of all Guatemalans and lead to institutional measures and the proposal of constitutional reforms to the Congress of the Republic, within the framework and in the spirit of the Political Constitution of the Republic of Guatemala and the Oslo, El Escorial and Mexico Agreements.

Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(a) The pre-eminence of civilian society;
(b) The development of democratic institutions;
(c) The effective functioning of a State subject to the rule of law;
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
(e) Unconditional respect for human rights;
(f) Subordination of the role of the armed forces to civilian authority;
(g) Recognition of and respect for the identity and rights of indigenous peoples;
(h) Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;
(i) Effective resettlement of populations uprooted by the internal armed conflict.

Page 11, AGREE:
II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Page 10, CONSIDER THAT:
5. The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.

Page 11, AGREE:
III. That this Agreement must be disseminated widely to the people of Guatemala and, in particular, to the sectors which took part in the dialogue at the meetings held under the Oslo Agreement and the National Dialogue, and that they must be informed by the Conciliator in order to ensure that the Agreement is duly understood.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 10, CONSIDER THAT:
1. The political forces and the various sectors which make up Guatemalan society have expressed their desire for the achievement of peace, democracy and social justice.
2. The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.

Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(h) Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;
National economic plan: No specific mention.
Natural resources: Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(h) Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;
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: Page 11, AGREE:
I. That the strengthening of functional and participatory democracy requires:
(d) The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;
(f) Subordination of the role of the armed forces to civilian authority;
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

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

Implementation

UN signatory: FOR THE UNITED NATIONS: (Signed) Francesc VENDRELL, Representative of the Secretary-General of the United Nations;
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 12, AGREE:
IV. This Agreement shall be placed on record and form part of the Agreement on a firm and lasting peace, and shall serve as a framework for considering the other items to be negotiated, taking into account the particular aspects and specific concerns relating to each one.
Related cases: No specific mention.
Source: UN Peacemaker. Available at: https://peacemaker.un.org/guatemala-queretaroagreement91 (Accessed 6 October 2020).

Framework Agreement on Democratization in the Search for Peace by Political Means

"Queretaro Agreement"

With the aim of achieving the objectives set forth in the Esquipulas II Agreement of 7 August 1987 and in accordance with the Oslo Agreement of 30 March 1990, the delegations of the Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG), having pursued negotiations under the Oslo Agreement with the Chairman of the National Reconciliation Commission, Mr. Rodolfo Quezada Tomas:), acting as Conciliator, with the participation of the National Reconciliation Commission (CNR) and with the Representative of the Secretary-General of the United Nations Mr. Francesc Vendrell, acting as Observer, and hereby placing on record the agreements which they have reached on the item "democratization" of the general agenda adopted at Mexico City on 26 April 1991,

CONSIDER THAT:

The political forces and the various sectors which make up Guatemalan society have expressed their desire for the achievement of peace, democracy and social justice.

The Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) have agreed to pursue a process of negotiations whose final objective is the search for peace by political means, the enhancement of functional and participatory democracy and the laying of foundations on which to build national development and progress, thereby ensuring democratic coexistence and the attainment of the common good.

Considering the issue of democratization makes it possible to establish a general framework within which to approach coherently the other items to be discussed in the negotiating process.

Guatemala requires measures which ensure the development of political, economic, social and cultural democratization.

The Government of the Republic of Guatemala recognizes its responsibility to implement measures which are in the population's interest and guarantee the country's democratization.

The procedures and agreements resulting from the discussion of the general agenda adopted in Mexico are fundamental to the process of enhancing functional and participatory democracy, and the Conciliator should therefore inform the Guatemalan people objectively and fairly about their content.

Any political agreements reached by the Government of the Republic of Guatemala an the Unidad Revolucionaria Nacional Guatemalteca (URNG) must reflect the legitimate aspirations of all Guatemalans and lead to institutional measures and the proposal of constitutional reforms to the Congress of the Republic, within the framework and in the spirit of the Political Constitution of the Republic of Guatemala and the Oslo, El Escorial and Mexico Agreements.

Accordingly, the Government of the Republic of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG),

AGREE:

I. That the strengthening of functional and participatory democracy requires:

The pre-eminence of civilian society;

The development of democratic institutions;

The effective functioning of a State subject to the rule of law;

The permanent elimination of political repression, electoral fraud and coercion, military abuses and pressures, and anti-democratic, destabilizing actions;

Unconditional respect for human rights;

Subordination of the role of the armed forces to civilian authority;

Recognition of and respect for the identity and rights of indigenous peoples;

Access by all Guatemalans to the benefits of national production and natural resources, and enjoyment thereof, which must be based on principles of social justice;

Effective resettlement of populations uprooted by the internal armed conflict.

II. That democratization means guaranteeing and promoting participation, whether direct or indirect, by civilian society in general in the formulation, implementation and evaluation of government policies at the various levels of government, recognizing the right of all social groups in the nation to enjoy fair and equitable labour relations, their own forms of culture and organization, and full respect for human rights and the law.

III. That this Agreement must be disseminated widely to the people of Guatemala and, in particular, to the sectors which took part in the dialogue at the meetings held under the Oslo Agreement and the National Dialogue, and that they must be informed by the Conciliator in order to ensure that the Agreement is duly understood.

IV. This Agreement shall be placed on record and form part of the Agreement on a firm and lasting peace, and shall serve as a framework for considering the other items to be negotiated, taking into account the particular aspects and specific concerns relating to each one.

Queretaro, Mexico, 25 July 1991

FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA

(Signed) Manuel CONDE ORELLANA Secretary-General of the Presidency of the Republic;

(Signed) Fernando HURTADO PREM Minister of the Interior;

(Signed) Brigadier General Mario Rene ENRIQUEZ MORALES Commander of the Military Brigade Guard of Honour;

(Signed) Staff Colonel Marco A. GONZALEZ TARACENA Director of intelligence of the National Defence Staff;

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

(Signed) Manolo BENDFELDT ALEJOS Minister of Urban and Rural Development;

(Signed) Brigadier General Jose D. GARCIA SAMAYOA, Deputy Chief of the National Defence Staff;

(Signed) Staff Colonel Julio A. BALCONI TURCIOS Commander of the Mobile Military Police;

(Signed) Ernesto VITERI ECHEVERRIA Special Counsellor 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;

Political and Diplomatic Commission:

(Signed) Francisco VILLAGRAN MUNOZ;

(Signed) Luis BEKKER GUZMAN;

(Signed) Miguel Angel SANDOVAL;

(Signed) Mario CASTABEDA, Adviser;

FOR THE NATIONAL RECONCILIATION COMMISSION:

(Signed) Teresa BOLAROS DE ZARCO;

(Signed) Alfonso CABRERA HIDALGO;

(Signed) Mario PERMUTH LISTWA;

(Signed) Oliverio GARCIA RODAS;

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

FOR THE UNITED NATIONS

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