Understandings Regarding the New York Agreement ('The Compressed Negotiations')

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Country/entity: El Salvador
Region: Americas
Agreement name: Understandings Regarding the New York Agreement ('The Compressed Negotiations')
Date: 25 Sep 1991
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: Framework/substantive - partial
Conflict nature: Government
Peace process: El Salvador peace process
Parties: Representing the Government of El Salvador: Dr Oscar Santamaría; Colonel Mauricio Ernesto Vargas; Dr David Escobar Galindo;

Representing the FMLN: Commandant Schafik Handal; Commandant Francisco Jovel; Commandant Eduardo Sánchez Cerén; Commandant Eduardo Sancho; Commandant Joaquín Villalobos;
Third parties: UN rep, Alvaro de Soto (signatory, capacity unclear)
Description: An agreement providing supplementation of the NY Agreement. Govt accepts degree of participation of former FMLN combatants in NCP in return for FMLN agreeing not to seek the inclusion of its units in the armed forces or to demand dissolution of the armed forces at the negotiation table (however, FMLN may later integrate these demands into their own political agenda after peace is secured).

Agreement document: SV_910925_Understandings Regarding the New York 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: 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: Power sharing→Military power sharing→Proportionality
Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.

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: Land, property and environment→Land reform/rights→Other land rights
Page 2, VI. REGARDING SOCIO-ECONOMIC MATTERS
The Agreements of 3 July 1991 regarding occupied lands adopted between the Government and peasant organisations 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: Page 1, IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
1. The National Public Security Academy will be headed by a Director General and an Academic Council. The Academic Council will have regulatory functions within its field. The Director General will be the President of the Academic Council and will carry out executive and administrative functions of the Academy.

Page 2, IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
2. COPAZ will determine the number of members of the Academic Council. These will be civilians, short-listed by COPAZ on the basis of political pluralist criteria with the aim of being appointed by the President of the Republic.
3. The Director of the Public Security Academy will be appointed by the President of the Republic from a short list proposed by COPAZ.
4. The Academic body of the Academy will be appointed by the Academic Council. COPAZ will establish appropriate mechanisms to ensure that no political tendency predominates within its ranks.
5. The admission system will be determined by the Academic Council which will ensure that such a system in non discriminatory.
6. COPAZ will specially supervise articles 4 and 5.

Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
1. The Director of the PNC will be appointed by the President of the Republic from a short list proposed by COPAZ.
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.
3. The transitional regime for the commencement of the PNC will be established by COPAZ. It will consider differentiated criteria and admission procedures according to the educational level and or the areas where the personnel will be recruited from and where they will be deployed. All these matters will be supervised by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
Armed forces: Page 1, I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.

Page 1, III. REGARDING THE ARMED FORCES’ EDUCATIONAL SYSTEM
1. The Military School will be governed by a Collegiate System if educational matters; its Director shall be the President of an Academic Council composed of military personnel and civilian academics. The members of the Academic Council will be appointed by the President of the Republic.
2. COPAZ will decide the number of members of the Academic Council which will be made up equally of military personnel and civilians.
3. The civilian members of the Academic Council will be designated on the basis of political pluralistic criteria by the President of the Republic from lists proposed by COPAZ.
4. The academic body will be appointed by the Academic Council which will ensure that no political tendency predominates within it.
5. The Director of the Military Academy will be appointed by the President of the Republic.
6. The admission system will be determined by the Academic Council and it will be ensure that the system is non-discriminatory.
7. COPAZ will specifically supervise compliance with articles 3,4 and 6.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
DDR: Security sector→DDR→DDR programmes
Page 1, II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict. The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.

Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict. The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.
2. The Secretary General will in due course make the reduction plan known to the FMLN prior to the signing of the cessation of the armed conflict.

Page 2, V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.

Page 2, VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
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: Page 1, I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.
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: Signed by Alvaro de Soto – 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: No specific mention.
Related cases: No specific mention.
Source: United States Institute of Peace (2001) Peace Agreements: El Salvador - Peace Agreements Digital Collection. Available at: https://www.usip.org/publications/2001/04/peace-agreements-el-salvador (Accessed 14 October 2020).

Understandings Regarding the New York Agreement

I. REGARDING CLEANSING

The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.

II. REGARDING REDUCTION

1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict.

The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.

2. The Secretary General will in due course make the reduction plan known to the FMLN prior to the signing of the cessation of the armed conflict.

III. REGARDING THE ARMED FORCES’ EDUCATIONAL SYSTEM

1. The Military School will be governed by a Collegiate System if educational matters;

its Director shall be the President of an Academic Council composed of military personnel and civilian academics.

The members of the Academic Council will be appointed by the President of the Republic.

2. COPAZ will decide the number of members of the Academic Council which will be made up equally of military personnel and civilians.

3. The civilian members of the Academic Council will be designated on the basis of political pluralistic criteria by the President of the Republic from lists proposed by COPAZ.

4. The academic body will be appointed by the Academic Council which will ensure that no political tendency predominates within it.

5. The Director of the Military Academy will be appointed by the President of the Republic.

6. The admission system will be determined by the Academic Council and it will be ensure that the system is non-discriminatory.

7. COPAZ will specifically supervise compliance with articles 3,4 and 6.

IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY

1. The National Public Security Academy will be headed by a Director General and an Academic Council.

The Academic Council will have regulatory functions within its field.

The Director General will be the President of the Academic Council and will carry out executive and administrative functions of the Academy.

2. COPAZ will determine the number of members of the Academic Council.

These will be civilians, short-listed by COPAZ on the basis of political pluralist criteria with the aim of being appointed by the President of the Republic.

3. The Director of the Public Security Academy will be appointed by the President of the Republic from a short list proposed by COPAZ.

4. The Academic body of the Academy will be appointed by the Academic Council.

COPAZ will establish appropriate mechanisms to ensure that no political tendency predominates within its ranks.

5. The admission system will be determined by the Academic Council which will ensure that such a system in non discriminatory.

6. COPAZ will specially supervise articles 4 and 5.

V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).

1. The Director of the PNC will be appointed by the President of the Republic from a short list proposed by COPAZ.

2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy.

All these matters will be supervised and guaranteed by COPAZ.

3. The transitional regime for the commencement of the PNC will be established by COPAZ.

It will consider differentiated criteria and admission procedures according to the educational level and or the areas where the personnel will be recruited from and where they will be deployed.

All these matters will be supervised by COPAZ.

VI. REGARDING SOCIO-ECONOMIC MATTERS

The Agreements of 3 July 1991 regarding occupied lands adopted between the Government and peasant organisations will be respected.

VII. FINAL UNDERSTANDING

The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police.

As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces.

This understanding will take into account the drafting of the agenda.

The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.

New York, 25 September 1991.

Representing the Government of El Salvador

Dr Oscar Santamaría

Colonel Mauricio Ernesto Vargas

Dr David Escobar Galindo

Representing the FMLN

Commandant Schafik Handal

Commandant Francisco Jovel

Commandant Eduardo Sánchez Cerén

Commandant Eduardo Sancho

Commandant Joaquín Villalobos

Alvaro de Soto

Representative of the Secretary General of the United Nations