The Managua Protocol on Disarmament

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Country/entity: Nicaragua
Region: Americas
Agreement name: The Managua Protocol on Disarmament
Date: 30 May 1990
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Nicaraguan Revolution (1978 - 1979) and Sandinista/Contra War (1981 – 1990)
The Nicaraguan Revolution was launched in 1978 by the left-leaning Sandinista National Liberation Front (FSLN) and aimed at overthrowing the dictatorship of Anastasio Somoza. Although initially successful at overthrowing the regime in 1979, the Sandinistas faced growing a back-lash from the U.S.-backed right-wing Contras. Resistance also came from ethnic minorities along the Mosquito Coast. The following civil war was marked by mass human rights atrocities on both sides, with mass disappearances of those placed in state-custody, and mass rape and murder by rebels to ensure local complacency. The war eventually came to an end in 1990 when the FSLN peacefully transferred power after losing the 1990 election.
Stage: Ceasefire/related
Conflict nature: Government
Peace process: Nicaragua contra process
Parties: President of the Republic, Resistance Forces
Third parties: Nicaraguan Cardinal Miguel Obando y Bravo
Description: Agreement detailing demobilization and reintegration of Nicaraguan resistance forces and treatment of their families to certain designted 'development' areas; Govt undertaking to appoint reps of the demobilized combatants to the relevant Ministries and to allow them to participate in local government. Provides for possibility of the resistance to become a political party.

Agreement document: NI_900530_Managua Protocol on Disarmament.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1, 1. The implementation of measures planned in connection with the "Commitment to guarantee the physical and moral integrity of the combatants of the Nicaraguan resistance, as a group and individually, their family members and the civilian population accompanying them" shall be facilitated as follows:
[...]
(d) The resistance is urged to submit immediately a list of widows and orphans, so that the Nicaraguan Social Security and Welfare Institute can include them in its budget and they can receive the monthly pensions to which they are entitled.
Disabled persons: Groups→Disabled persons→Substantive
Page 1, 1. The implementation of measures planned in connection with the "Commitment to guarantee the physical and moral integrity of the combatants of the Nicaraguan resistance, as a group and individually, their family members and the civilian population accompanying them" shall be facilitated as follows:
[...]
(b) Disabled and wounded ex-combatants shall be given specialized care in Managua;
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: Page 4, 1.d. The resistance is urged to submit immediately a list of widows and orphans, so that the Nicaraguan Social Security and Welfare Institute can include them in its budget and they can receive the monthly pensions to which they are entitled.

Page 2, 10.
In compliance with the Toncontin Agreement and its addendum, the resistance hereby ratifies its undertaking to demobilise and lay down its arms by 10 June 1990 at the latest. To that end, the resistance undertakes to demobilize at least 100 combatants each day in each zone as from this date. Furthermore, in honour of Mother's Day, a considerable number of the combatants of the Nicaraguan resistance shall be demobilized.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 4, 1. [...] (c) A commission comprising members from the Government, the Nicaraguan resistance, the United Nations International Support and Verification Commission (CIA.V) and His Eminence Miguel Cardinal Obando y Bravo shall be established to travel to Honduras and Costa Rica in order to make a thorough investigation of the living conditions of the families of the resistance combatants and take emergency measures to solve any problems that come to light;

Page 5, 7. The Government undertakes to appoint upon the recommendation of the resistance, a representative of the demobiliaed combatants to the Ministries dealing with ex-combatants and their families, namely the Ministries of Health, Agrarian Reform, Labour and others, and also to appoint two members to the Governing Council of the Nicaraguan Repatriation Institute.

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: [Summary] His Eminence Cardinal Obando y Bravo signatory to agreement and to be member of Commission to ensure that the demobilized and their families are living in suitable conditions.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
Sub-state level
Page 5, 8. The Government of Nicaragua undertakes to allow the ex-combatants of the resistance who have settled in the development areas to participate in the local government, that is, within the development area. In addition, the ex-combatants who return to their places of origin shall receive the necessary support from State agencies for their integration into civilian life.
Power sharing→Political power sharing→Executive coalition
State level
Page 5, 7. The Government undertakes to appoint upon the recommendation of the resistance, a representative of the demobilized combatants to the Ministries dealing with ex-combatants and their families, namely the Ministries of Health, Agrarian Reform, Labour and others, and also to appoint two members to the Governing Council of the Nicaraguan Repatriation Institute.
Power sharing→Political power sharing→Other proportionality
State level
Page 5, 7. The Government undertakes to appoint upon the recommendation of the resistance, a representative of the demobilized combatants to the Ministries dealing with ex-combatants and their families, namely the Ministries of Health, Agrarian Reform, Labour and others, and also to appoint two members to the Governing Council of the Nicaraguan Repatriation Institute.
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: Rights related issues→Citizenship→Citizens, specific rights
Page 4, 4. It [the Nicaraguan Government] undertakes to set up immediately a police force for internal order, in which former members of the resistance will participate, the main object of which shall be to safeguard the life and physical integrity of the citizens living in the development areas; It is also proposed that this police force should come under the organizational structure of the Ministry of the Interior. In addition, the United Nations or a friendly country shall be asked to provide technical advice on the professional training of the police force.
Democracy: No specific mention.
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: Security sector→Ceasefire→Ceasefire provision
[Summary] The agreement in its entirety provides for implementation of earlier ceasefire agreements.

Page 1, 1.
The implementation of measures planned in connection with the "Commitment to guarantee the physical and moral integrity of the combatants of the Nicaraguan resistance, as a group and individually, their family members and the civilian population accompanying them" shall be facilitated as follows:...
Police: Page 4, 4. It [the Nicaraguan Government] undertakes to set up immediately a police force for internal order, in which former members of the resistance will participate, the main object of which shall be to safeguard the life and physical integrity of the citizens living in the development areas; It is also proposed that this police force should come under the organizational structure of the Ministry of the Interior. In addition, the United Nations or a friendly country shall be asked to provide technical advice on the professional training of the police force.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 5, 5. It [The Government of Nicaragua] undertakes to create the proper security conditions in the demilitarised areas, to which end it is considered necessary to:
(a) Make arrangements to have the mandate of the United Nations Observer Group in Central America (ONUCA) enlarged;
(b) Have the Government provide supplementary assistance to each demobilized combatant leaving a security zone;
(c) Demilitarise each area of conflict;
(d) Continue collecting weapons in the hands of civilians in the areas of conflict.

Page 5, 6, It [The Government of Nicaragua] undertakes to guarantee the safety of ex-combatants who agree to demobilise and leave the security zones, settling in the development areas. The option of returning to their place of origin shall also be available for those who wish to do so. It is understood that anyone so opting shall, like any other citizen, assume the risks involved.
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: Page 4, 1.(d) the resistance is urged to submit immediately a list of widows and orphans, so that the Nicaraguan Social Security and Welfare institute can include them in its budget and they can receive the monthly pensions to which they are entitled.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: 1.(d) UN to participate in Commission to ensure that the demobilized and their families are living in suitable conditions. 4. UN to be asked to assist in training local police force of demobilized resistance fighters. 5.(a) the mandate of the ONUCA is to be enlarged.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 4, 1.(c) a comission comprising members from the govt, the Nicaraguan resistance, the UN intl Support and Verification Commission (CIAV) and Cardinal Obando y Bravo shall be established to travel to Honduras and Costa Rica in order to make a thorough investigation of the living conditions of the families of the resistance combatants and take emergency measures to solve any problems that come to light.

Page 5, 5,
5. It undertakes to create the proper security conditions in the demilitarised areas, to which end it is considered necessary to
(a) Make arrangements to have the mandate of the United Nations Observer Group in Central America (ONUCA) enlarged;
Related cases: Page 5, 10. In compliance with the Toacontin Agreement and its addendum, the resistance hereby ratifies its undertaking to demobilise and lay down its armt by 10 June 1990 at the latest. To that end, the resistance undertakes to demobilise at least 100 combatants each day in each zone as from this date. Furthermore, in honour of Mother's Day, a considerable number of the combatants of the Nicaraguan resistance shall be demobilised.
Source: UN Peacemaker. Available at: https://peacemaker.un.org/nicaragua-managuaprotocol90 (Accessed 6 October 2020).

Managua protocol on disarmament

In the spirit of the Managua Declaration signed on 4 May 1990, the resistance, the Government of Nicaragua and His Eminence Miguel Cardinal Obando y Bravo have by these presents agreed as follows:

1. The implementation of measures planned in connection with the "Commitment to guarantee the physical and moral integrity of the combatants of the Nicaraguan resistance, as a group and individually, their family members and the civilian population accompanying them" shall be facilitated as follows:

(a) The seriously ill shall be moved immediately so that they may receive the necessary medical care in a Nicaraguan hospital;

(b) Disabled and wounded ex-combatants shall be given specialized care in Managua;

(c) A commission comprising members from the Government, the Nicaraguan resistance, the United Nations International Support and Verification Commission (CIAV) and His Eminence Miguel Cardinal Obando y Bravo shall be established to travel to Honduras and Costa Rica in order to make a thorough investigation of the living conditions of the families of the resistance combatants and take emergency measures to solve any problems that come to light;

(d) The resistance is urged to submit immediately a list of widows and orphans, so that the Nlcaraguan Social Security and Welfare Institute can include them in its budget and they can receive the monthly pensions to which they are entitled.

2. By agreement among the parties, the development area known as "El Almendro", described in the annexed document on the develofment areas, shall be established on the basis of the proposal made by the Government.

The series of steps required for its implementation and for the settlement of the demobilized combatants in the development areas shall begin as from today's date.

3. The Government of Nir.aragua undertakes to provide each demobilized combatant with minimal economic assistance.

4. It undertakes to set up immediately a police force for internal order, in which former members of the resistance will participate, the main object of which shall be to safeguard the life and physical integrity of the citizens living in the development areas~ It is also proposed that this police force should come under the organizational structure of the Ministry of the Interior.

In addition, the United Nations or a friendly country shall be asked to provide technical advice on the professional training of the police force.

5. It undertakes to create the proper securlty conditions in the demilitarised areas, to which end it is considered necessary to

(a) Make arrangement to have the mandate of the United Nations Observer Group in Central America (ONUCA) enlarged,

(b) Have the Government provide supplementary assistance to each demobilized combatant leaving a security zone,

(d) Continue collecting weapon, in the hands of civiliaus in the area, of conflict.

6. It undertakes to guarantee the safety of ex-combatants who agree to demobilize and leave the aaaurity zones, settling in the development area,.

The option of returning to their place of origin shall also be available for those who wish to do so.

It is understood that anyone so opting shall, like any other citizen, assume the risks involved.

7. The Government undertakes to appoint upon the recommendation of the resistance, a representative of the demobiliaed combatants to the Ministries dealing with ex-combatants and their families, namely the Ministries of Health, Agrarian Reform, Labour and others, and also to appoint two members to the Governing Council of the Nicaraguan Repatriation Institute.

8. The Government of Nicaragua undertakes to allow the ex-combatants of the resistance who have settled in the development areas to participate in the local government, that is, within the development area.

In addition, the ex-combatants who return to their places of origin shall receive the necessary support from state agencies for their integration into civilian life.

9. The Managua Declaration is hereby ratified in each and every point, with particular emphasis on the provisions in rerpect of the possibility that the resistance may become a political party, thus allowing its full integration into the political life of the country.

10. In compliance with the Toacontin Agreement and its addendum, the resiatance hereby ratifies its undertaking to demobiliae and lay down its armr by 10 June 1990 at the latest.

To that end, the resistance undertakes to demobilize at least 100 combatants each day in each zone as from this date.

Furthermore, in honour of Mother's Day, a considerable number of the combatants of the Nicaraguan resistance shall be demobilized.

DONE at Managua on 30 May 1090.

(Signed) Violeta BARRIOS de CHAMORRO President of tha Republic

(Signed) Israel GALEANO Commander Franklin

(Signed) Miguel OBANDO y BRAVO Cardinal of Nicaragua