The Toncontin Agreement

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Country/entity: Nicaragua
Region: Americas
Agreement name: The Toncontin Agreement
Date: 23 Mar 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 Elect Mrs Violeta Barrios de Chamorro, Nicaraguan Resistance
Third parties: Most Reverend Cardinal Miguel Obando Bravo
Description: Resistance forces recognize the results of free elections and commits to demobilizing; parties agree a ceasefire; parties requesting cooperation of intl bodies such as ONUCA and Comisión Internacional de Apoyo y Verificación (CIAV), and Most Reverend Miguel Obando y Bravo

Agreement document: NI_00323_Toncontin Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 2, In turn, the delegation representing the President Elect, Mrs. Violeta Barrios de Chamorro, states the following:
[...]
Second. As an expression of just recognition of the patriotic work of the Nicaraguan resistance, it is necessary to assist the injured orphans and widows, the innocent victims of the armed struggle. To that end it undertakes to take measures to ensure the rehabilitation and social reintegration of those affected as soon as Mrs. Violeta Barrios de Chamorro assumes office. They will also be entitled to the corresponding monthly pensions.
[...]
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: Page 2,
In turn, the delegation representing the President Elect, Mrs. Violeta Barrios de Chamorro, states the following:
[...]
Second. As an expression of just recognition of the patriotic work of the Nicaraguan resistance, it is necessary to assist the injured orphans and widows, the innocent victims of the armed struggle. To that end it undertakes to take measures to ensure the rehabilitation and social reintegration of those affected as soon as Mrs. Violeta Barrios de Chamorro assumes office. They will also be entitled to the corresponding monthly pensions.
[...]
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: Page 2,

Negotiating Committee of the Nicaraguan resistance recognizes that the election of authorities on 25 February in Nicaragua, being held amid freedom, fairness and efficiency, permitted the triumph of the will of the Nicaraguan people to establish a process of democratization, in the victorious formula Barrios de Chamorro-Godoy Reyes, the candidates of the Union Nacional Opositora.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Most reverend Cardinal Miguel Obando y Bravo signatory to agmt,
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→Other
State level
Page 2,
In turn, the delegation representing the President Elect, Mrs. Violeta Barrios de Chamorro, states the following:
[...]
Third. That, for the purpose of implementing all that is agreed on, there shall be appointed a special transition committee, composed of members of the new Government and of the Nicaraguan resistance, whose names will be announced shortly.
[...]
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: 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
Page 2,
Negotiating Committee of the Nicaraguan resistance recognizes that the election of authorities on 25 February in Nicaragua/ being held amid freedom, fairness and efficiency, permitted the triumph of the will of the Nicaraguan people to establish a process of democratization, in the victorious formula Barrios de Chamorro-Godoy Reyes, the candidates of the Union Nacional Opositora. Such a transcendental occurrence in our history allows us to state emphatically that we have decided to initiate the process of the general demobilization of our forces, beginning with the disarming of those still remaining in the Republic of Honduras by 20 April 1990 at the latest. To this end, we now request the co-operation and assistance of international bodies, such as ONUCA and CIAV, and His Eminence the Most Reverend Cardinal Miguel Obando y Bravo. The internal military confrontations in Nicaragua must cease simultaneously, and to that end the following steps must be taken:

First, an effective cease-fire by both parties, verifiable by international bodies (ONUCA, CIAV) and His Eminence the Most Reverend Cardinal Miguel Obando y Bravo.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2,
Negotiating Committee of the Nicaraguan resistance recognizes that the election of authorities on 25 February in Nicaragua/ being held amid freedom, fairness and efficiency, permitted the triumph of the will of the Nicaraguan people to establish a process of democratization, in the victorious formula Barrios de Chamorro-Godoy Reyes, the candidates of the Union Nacional Opositora. Such a transcendental occurrence in our history allows us to state emphatically that we have decided to initiate the process of the general demobilization of our forces, beginning with the disarming of those still remaining in the Republic of Honduras by 20 April 1990 at the latest. To this end, we now request the co-operation and assistance of international bodies, such as ONUCA and CIAV, and His Eminence the Most Reverend Cardinal Miguel Obando y Bravo. The internal military confrontations in Nicaragua must cease simultaneously, and to that end the following steps must be taken:

[...]

Second, concentration of our armed forces currently in Nicaragua in security zones delimited in advance in Nicaraguan territory and supervised by the above-mentioned international bodies, as well as by His Eminence the Most Reverend Cardinal Miguel Obando y Bravo, so that the process of demobilization may be carried out in an atmosphere of security and order that guarantee the life of our brothers and the normal conduct of their peaceful work.
[...]

In turn, the delegation representing the President Elect, Mrs. Violeta Barrios de Chamorro, states the following:
[...]

Second. As an expression of just recognition of the patriotic work of the Nicaraguan resistance, it is necessary to assist the injured orphans and widows, the innocent victims of the armed struggle. To that end it undertakes to take measures to ensure the rehabilitation and social reintegration of those affected as soon as Mrs. Violeta Barrios de Chamorro assumes office. They will also be entitled to the corresponding monthly pensions.

[...]

Fourth. The new Government to be headed by Mrs. Violeta Barrios de Chamorro undertakes to arrange with appropriate Governments humanitarian assistance for the members of the Nicaraguan resistance, as well as the medical infrastructure for the necessary care of conflict victims over the duration of the demobilization
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 2, Second. As an expression of just recognition of the patriotic work of the Nicaraguan resistance, it is necessary to assist the injured orphans and widows, the innocent victims of the armed struggle. To that end it undertakes to take measures to ensure the rehabilitation and social reintegration of those affected as soon as Mrs. Violeta Barrios de Chamorro assumes office. They will also be entitled to the corresponding monthly pensions.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 2, Second. As an expression of just recognition of the patriotic work of the Nicaraguan resistance, it is necessary to assist the injured orphans and widows, the innocent victims of the armed struggle. To that end it undertakes to take measures to ensure the rehabilitation and social reintegration of those affected as soon as Mrs. Violeta Barrios de Chamorro assumes office. They will also be entitled to the corresponding monthly pensions.
Reconciliation: page 2,
In turn, the delegation representing the President Elect, Mrs. Violeta Barrios de Chamorro, states the following:
[...]

Third. That, for the purpose of implementing all that is agreed on, there shall be appointed a special transition committee, composed of members of the new Government and of the Nicaraguan resistance, whose names will be announced shortly.
[...]

Implementation

UN signatory: No specific mention.
Other international signatory: His Eminence the Most Reverend Cardinal Miguel Obando y Bravo
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Third. For the purpose of implementing all that is agreed on, there shall be appointed a special transition committee, composed of members of the new Govt and the Nicaraguan resistance,
Related cases: No specific mention.
Source: UN Peacemaker. Available at: https://peacemaker.un.org/nepal-toncontinagreement90 (Accessed 6 October 2020).

TONCONTIN AGREEMENT

The Negotiating Committee of the Nicaraguan resistance recognizes that the election of authorities on 25 February in Nicaragua, being held amid freedom, fairness and efficiency, permitted the triumph of the will of the Nicaraguan people to establish a process of democratization, in the victorious formula Barrios de Chamorro-Godoy Reyes, the candidates of the Union Nacional Opositora.

Such a transcendental·occurrence in our history allows us to state emphatically that we have decided to initiate the process of the general demobilization of our forces, beginning with the disarming of those still t·qmaining in the Republic of Honduras by 20 April 1990 at the latest.

To this end, we now request the co-operation and assistance of international bodies, such as ONUCA and CIAV, and His Eminence the Most Reverend Cardinal Miguel Obando y Bravo.

The internal military confrontations in Nicaragua must cease simultaneously, and to that end the

following steps must be taken:

First, an effective cease-fire by both parties, verifiable by international bodies (ONUCA, CIAV) and His Eminence the Most Rever,,nd Cardinal

Miguel Obando y Bravo,

Second, concentration of our armed forces currently in Nicaragua in security zones delimited in advance in Nicaraguan territory and supervised by the above-mentioned international bodies, as well as by His Eminence the Most Reverend Cardinal Miguel Obando y Bravo, so that the process of demobilization may be carried out in an atmosphere of security and order that guarantee the life of our brothers and the normal conduct of their peaceful work,

In turn, the delegation representing the President Elect, Mrs. Violeta Barrios de Chamorro, states the following:

First, It has noted with great satisfaction the decision of the Nicaraguan resistance to initiate the process of demobilization as from this date.

Second, As an expression of just recognition of the patriotic work of the Nicaraguan resistance, it is necessary to assist the injured orphans and widows, the innocent victims of the armed struggle, To that end it undertakes to take measures to ensure the rehabilitation and social reintegration of those affected as soon as Mrs, Violeta Barrios de Chamorro assumes office, They will also be entitled to the corresponding monthly pensions.

Third, That, for the purpose of implementing all that is agreed on, there shall be appointed a special transition committee, composed of members of the new Government and of the Nicaraguan resistance, whose names will be announced shortly,

Fourth, The new Government to be headed by Mrs. Violeta Barrios de Chamorro undertakes to arrange with appropriate Governments humanitarian assistance for the members of the Nicaraguan resistance, as well as the medical infrastructure for the necessary care of conflict victims over the duration of the demobilization.

For his part, His Eminence the Most Reverend Cardinal Miguel Obando y Bravo expresses his satisfaction at the patriotic decisio~s taken and joins with the signatories in offering thanks to the Lord for his assistance in enlightening the participating parties.

Tegucigalpa, Honduras, 23 March 1990