El Escorial Agreement

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Country/entity: Guatemala
Region: Americas
Agreement name: El Escorial Agreement
Date: 1 Jun 1990
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Guatemala peace process
Parties: POR LA INSTANCIA DE PARTIDOS POLITICOS: Ingeniero CARLOS ENRIQUE CHAVARRIA, Secretario General del Partido Revolucionario PR;
Doctor LUIS FLORES ASTURIAS, Secretario General del Partido de Avanzada Nacional PAN;
Licenciado ABUNDIO MALDONADO, Secretario General del Partido Frente de Avance Nacional FAN;
Doctor MIGUEL ANGEL MONTEPEQUE, Secretario General en funciones del Movimiento de Accion Solidaria MAS;
Licenciado RENAN QUINONES, Secretario General del Partido Nacional Renovador PNR;
Licenciado MARIO SANDOVAL ALARCON, Secretario General del Partido, Movimento de Liberacion Nacional MLN;
Licenciado CARLONS FERNANDO RIVERS SANDOVAL, Movimiento de Liberacion Nacional, MLN;
Doctor MARIO SOLORZANO MARTINEZ, Secretario General del Partido Socialista Democratico, PSD;
Licenciada CATALINA SOBERANIS, Secretaria General en funciones, Partido Democracia Cristiana Guatemalteca, DCG;
Licenciado OLIVERIO GARCIA RODAS, Partido Union del Centro Nacional, UCN, COMISION NACIONAL DE RECONCILIACION (CNR);
Ingeniero JORGE SERRANO ELIAS, Delegado Titular de los Partidos Politicos de Oposicion;

UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA:
Comandante PABLO MONSANTO;
Comandante, GASPAR ILOM;
CARLOS GONZALEZ, Secretario General del Comite Central del Partido Guatemalteco del Trabajo;
LUIS BECKER;
MIGUEL ANGEL SANDOVAL;
FRANCISCO VILLAGRAN MUNOZ;
Third parties: OBSERVADOR REPRESENTANTE DEL SECRETARIO GENERAL DE LAS NACIONES UNIDAS, FRANCESC VENDRELL;
Periodista TERESA B. DE ZARCO, Ciudadana Notable Titular;
Doctor EDUARDO MEYER MALDONADO, Delegado Suplente del Gobierno;

COMISION NACIONAL DE RECONCILIACION (CNR):
Monsenor GERARDEI CONDERA, Delegado Suplente de la Conferencia, Episcopal de Guatemala;
Coronel FRANCISCO LUIS GORDILLO, Delegado Suplente de los Partidos, Politicos de Oposicion;
Licenciado MARIO PERMUTH, Ciudadano Notable Suplente;
Licenciado LUIS MORALES CHUA, Asesor Juridico;

CONCILIADOR: Monsenor RODOLFO QUEZADA TORUNO, Presidente de la CNR;
Description: A short agreement focused on encouraging political participation by all parties, and makes reference to the need for associated political and institutional reforms.

Agreement document: GT_900601_ElEscorialAgreement.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): Governance→Political institutions (new or reformed)→General references
Page 2, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
Elections: Page 3, ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES
The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:
(a) Not to carry out-actions against the electoral process of the country at the time of the elections;
(b) To suspend acts of sabotage throughout the duration of the electoral campaign.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Rebels transitioning to political parties
Page 3, They agree:
4. Note is taken of the will of the parties to this Agreement to promote political means that will contribute to the solution of national problems and make feasible the incorporation of Unidad Revolucionaria Nacional Guatemalteca (URNG) in the political process of the country, by establishing the legal-procedures for that incorporation so that they can participate in the National Constituent Assembly to be inaugurated by the legally registered parties in 1991.
Civil society: Page 2, They agree:
2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression; independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty.

Page 3, They agree:
5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:

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 2-3, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
(c) Unrestricted respect for and application of 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 2, Untitled Preamble
The Delegation of the Political Parties of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNO), in the presence of the Conciliator, Monsignor Radolfo Quesada Torulio of the National Reconciliation Commission of Guatemala (CNR), and the Observer designated by the Secretary-General of the United Nations, Dr. Frencesc Vendrell, meeting from 27 May to 1 June 1990, for the purpose of implementing the decisions taken in the city of Oslo, Norway, and contained in the "Basic Agreement for the Search for Peace by Political Means" and with the aim of specifying actions and political means for the peaceful solution of the national problems and the enhancement of functional and participatory democracy in Guatemala,

Page 2, They agree:
2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression; independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty.

Page 2-3, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
(b) The ending of the internal armed confrontation and the peaceful solution of national problems by political means;

Page 3, They agree:
5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, They agree:
2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression; independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty.
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→General commitments
Page 3, ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES
The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:
(a) Not to carry out-actions against the electoral process of the country at the time of the elections;
(b) To suspend acts of sabotage throughout the duration of the electoral campaign.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, They agree:
4. Note is taken of the will of the parties to this Agreement to promote political means that will contribute to the solution of national problems and make feasible the incorporation of Unidad Revolucionaria Nacional Guatemalteca (URNG) in the political process of the country, by establishing the legal-procedures for that incorporation so that they can participate in the National Constituent Assembly to be inaugurated by the legally registered parties in 1991.

Page 3, They agree:
5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers.

Page 3, ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES
The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:
(a) Not to carry out-actions against the electoral process of the country at the time of the elections;
(b) To suspend acts of sabotage throughout the duration of the electoral campaign.
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: Page 2-3, They agree:
3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:
(a) The reconciliation of all Guatemalans;

Implementation

UN signatory: No specific mention.
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: UN Peacemaker. Available at: https://peacemaker.un.org/guatemala-elescorialagreement90 (Accessed 6 October 2020).

THE EL ESCURIAL AGREEMENT

The Delegation of the Political Parties of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNO), in the presence of the Conciliator, Monsignor Radolfo Quesada Torulio of the National Reconciliation Commission of Guatemala (CNR), and the Observer designated by the Secretary-General of the United Nations, Dr. Frencesc Vendrell, meeting from 27 May to 1 June 1990, for the purpose of implementing the decisions taken in the city of Oslo, Norway, and contained in the "Basic Agreement for the Search for Peace by Political Means" and with the aim of specifying actions and political means for the peaceful solution of the national problems and the enhancement of functional and participatory democracy in Guatemala,

State:

that, within the framework of the Oslo, Norway, and Esquipulas II Agreements and having regard to the constitutional framework in effect in the Republic of Guatemala and to the express will to achieve a firm and lasting peace in our country,

They agree:

1. To ratify in its totality the "Basic Agreement for the Search for.

Peace by Political Means", signed in the city of Oslo, Norway, on 30 March 1990, by the delegation of the National Reconciliation Commission of Guatemala (CNR) and the delegation of the Unidad Revolucionaria Nacional Guatemalteca (URNO).

2. That, in order to achieve peace and the enhancement of the democratic system, it is necessary to promote the participation of all forces and political and social sectors in the definition of the whole body of institutional changes that will make it possible to achieve the full operation of the civic and political rights of organisation and expression;

independent economic development, general well-being, social justice and unrestricted respect for the independence of the powers of the State, in order to secure and guarantee the application of justice, respect for the integrity of the individual, honesty and probity in public administration and the defence and safeguarding of national sovereignty.

3. The need is recognized to promote a process of revision and institutional reform that includes the legal order of the country, with the commitment to promote reform of the Political Constitution of the Republic by the mechanisms established therein and with the aim of achieving the goals of peace and the enhancement of functional and participative democracy, by efforts towards:

(a) The reconciliation of all Guatemalans;

(b) The ending of the internal armed confrontation and the peaceful solution of national problems by political means;

4. Note is taken of the will of the parties to this Agreement to promote political means that will contribute to the solution of national problems and make feasible the incorporation of Unidad Revolucionaria Nacional Guatemalteca (URNG) in the political process of the country, by establishing the legal-procedures for that incorporation so that they can participate in the National Constituent Assembly to be inaugurated by the legally registered parties in 1991.

5. With the aim of ensuring as soon as possible actions that will make it possible to achieve the goals of the process of peace and the enhancement of the democracy, it is decided to hold periodical meetings between the Delegation of the Political Parties and the Unidad Revolucionaria Nacional Guatemalteca (URNG), within the framework of the Oslo, Norway, and Esquipulas II Agreements, using the same mechanisms for the appointment, verification and mandating Of the Conciliator as are established in the first-mentioned Agreement and United Nations observers.

ACKNOWLEDGEMENT BY THE DELEGATION OF THE POLITICAL PARTIES

The Delegation of the Political Parties accepts with satisfaction the statement of the Unidad Revolucionaria Nacional GUatemaltec (URNG) that it is not opposed to the 1990 electoral process and the decision:

Not to carry out-actions against the electoral process of the country at the time of the elections;

To suspend acts of sabotage throughout the duration of the electoral campaign.

DECLARATION OF THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA (URNG)

The Unidad Revolucionaria Nacional Guatemalteca (URNG) views sympathetically the fact that the Delegation of the Political Parties, here represented should have referred, in conceptual terms, to aspects of importance with regard to the grave crisis through which our country is passing.

EXPRESSION OF THANKS

In conclusion, thanks are expressed to the people and Government of Spain for the hospitality and support extended in order to make this Agreement possible and positive.

DONE at San Lorenzo de El Escorial, Madrid, Spain, on 1 June 1990.

DELEGACIONES

POR LA INSTANCIA DE PARTIDOS POLITICOS:

Ingeniero CARLOS ENRIQUE CHAVARRIA, Secretario General del Partido Revolucionario PR;

Doctor LUIS FLORES ASTURIAS, Secretario General del Partido de Avanzada Nacional PAN;

Licenciado ABUNDIO MALDONADO, Secretario General del Partido Frente de Avance Nacional FAN;

Doctor MIGUEL ANGEL MONTEPEQUE, Secretario General en funciones del Movimiento de Accion Solidaria MAS;

Licenciado RENAN QUINONES, Secretario General del Partido Nacional Renovador PNR;

Licenciado MARIO SANDOVAL ALARCON, Secretario General del Partido, Movimento de Liberacion Nacional MLN;

Licenciado CARLONS FERNANDO RIVERS SANDOVAL, Movimiento de Liberacion Nacional, MLN;

Doctor MARIO SOLORZANO MARTINEZ, Secretario General del Partido Socialista Democratico, PSD;

Licenciada CATALINA SOBERANIS, Secretaria General en funciones, Partido Democracia Cristiana Guatemalteca, DCG;

Licenciado OLIVERIO GARCIA RODAS, Partido Union del Centro Nacional, UCN, COMISION NACIONAL DE RECONCILIACION (CNR);

Ingeniero JORGE SERRANO ELIAS, Delegado Titular de los Partidos Politicos de Oposicion;

UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA:

Comandante PABLO MONSANTO;

Comandante, GASPAR ILOM;

CARLOS GONZALEZ, Secretario General del Comite Central del Partido Guatemalteco del Trabajo;

LUIS BECKER;

MIGUEL ANGEL SANDOVAL;

FRANCISCO VILLAGRAN MUNOZ;

OBSERVADOR REPRESENTANTE DEL SECRETARIO GENERAL DE LAS NACIONES UNIDAS, FRANCESC VENDRELL;

Periodista TERESA B. DE ZARCO, Ciudadana Notable Titular;

Doctor EDUARDO MEYER MALDONADO, Delegado Suplente del Gobierno;

COMISION NACIONAL DE RECONCILIACION (CNR):

Monsenor GERARDEI CONDERA, Delegado Suplente de la Conferencia, Episcopal de Guatemala;

Coronel FRANCISCO LUIS GORDILLO, Delegado Suplente de los Partidos, Politicos de Oposicion;

Licenciado MARIO PERMUTH, Ciudadano Notable Suplente;

Licenciado LUIS MORALES CHUA, Asesor Juridico;

CONCILIADOR:

Monsenor RODOLFO QUEZADA TORUNO, Presidente de la CNR;