Chapultepec Agreement
- Country/entity
-
El Salvador
- Region
-
Americas
- Agreement name
- Chapultepec Agreement
- Date
- 16 Jan 1992
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Framework/substantive - comprehensive
- Conflict nature
- Government
- Peace process
- El Salvador peace process
- Parties
-
Representing the Government of El Salvador: (Signed)
Mr. Oscar SANTAMARÍA
Col. Juan MARTÍNEZ VARELA
Gen. Mauricio Ernesto VARGAS
Mr. David Escobar GALINDO
Mr. Abelardo TORRES
Mr. Rafael Hernán CONTRERAS
Representing the Frente Farabundo Martí para la Liberación Nacional: (Signed)
Cmdr. Schafik HÁNDAL
Cmdr. Francisco JOVEL
Cmdr. Salvador SÁNCHEZ CERÉN
Cmdr. Eduardo SANCHO
Cmdr. Joaquín VILLALOBOS
Salvador SAMAYOA
Ana Guadalupe MARTÍNEZ
María Marta VALLADARES
Roberto CAÑAS
Dagoberto GUTIÉRREZ - Third parties
- Boutros Boutros-Ghali, UNSG (signatory, status unclear)
- Description
- Set of political agreements dealing with the armed forces, civil police, judicial system, electoral system, economic and social questions, political participation by FMLN, cessation of armed conflict, UN verification, implementation timetable; series of annex elaborating necessary legislative reform
- Agreement document
- SV_910116_Chalputepec.pdf (opens in new tab) | Download PDF
- Main category
-
Page 13, Chapter II, National Civil Police
[This chapter deals extensively with the establishment of the National Civil Police]
II.7.D.b. A publicity campaign to promote the recruitment of new personnel for the National Civil Police shall be designed and implemented as soon as possible. Special consideration shall be given to the recruitment of women.
Women, girls and gender
- Participation
No specific mention.
- Equality
No specific mention.
- Particular groups of women
No specific mention.
- International law
No specific mention.
- New institutions
No specific mention.
- Violence against women
No specific mention.
- Transitional justice
No specific mention.
- Institutional reform
- Institutional reform→PolicePage 13, Chapter II, National Civil Police II.7.D.b.
A publicity campaign to promote the recruitment of new personnel for the National Civil Police shall be designed and implemented as soon as possible. Special consideration shall be given to the recruitment of women. - Development
No specific mention.
- Implementation
No specific mention.
- Other
No specific mention.
El Salvador Peace Agreement (Chapultepec) – 1992
The Government of El Salvador and the Frente Farabundo Martí para la Liberación
Nacional (hereinafter referred to as "the Parties"),
Reaffirming that their purpose, as set forth in the Geneva Agreement of 4 April 1990, is
"to end the armed conflict by political means as speedily as possible, promote the
democratization of the country, guarantee unrestricted respect for human rights and
reunify Salvadorian society",
Bearing in mind the San José, Mexico and New York Agreements of 26 July 1990, 27
April 1991 and 25 September 1991 respectively, arrived at by them in the course of the
negotiating process conducted with the active participation of the Secretary-General of
the United Nations and of his Representative, which Agreements form a whole with the
Agreement signed today,
Having concluded negotiations on all the substantive items of the Caracas Agenda of 21
May 1990 and of the New York Compressed Negotiations of 25 September 1991,
Have arrived at the set of political agreements that follow, whose implementation,
together with that of the earlier Agreements mentioned above, will put a definitive end to
the Salvadorian armed conflict:
Chapter I
Armed Forces
1. Doctrinal principles of the armed forces
The doctrine for the armed forces, on the basis of the constitutional reform agreed to in
April 1991, as defined by law, shall conform to the principles set forth below, and
henceforth their institutional regime and educational system shall be based exclusively on
those principles and their operations shall be bound by strict observance of them:
A. The mission of the armed forces is to defend the sovereignty of the State and the
integrity of its territory, according to the terms of the regime defined for them by
the Constitution and the laws.
The performance of this mission is inseparable
from democratic values and strict respect for all parts of the Constitution.
B. As established in the Constitution, the armed forces are a permanent institution in
the service of the nation.
They shall be obedient, professional, apolitical and nondeliberative.
Their institutional regime and operations shall also be consistent
with the principles deriving from the rule of law, the primacy of the dignity of the
human person and respect for human rights;
respect for and defence of the
sovereignty of the Salvadorian people;
the concept of the armed forces as an
institution free from all considerations of politics, ideology or social position or
any other discrimination;
and the subordination of the armed forces to the
constitutional authorities.
C. The armed forces owe respect to the political order determined by the sovereign
will of the people and all political or social changes generated by that will, in
accordance with democratic procedures consistent with the Constitution.
Their
institutional regime and operations shall be defined in terms ensuring a
harmonious relationship at all times with civilian society and the normal activities
of their members as part of that society.
D. As a State institution, the armed forces play an instrumental, non-decision-making
role in the political field.
Consequently, only the President of the Republic and the
basic organs of government may use the armed forces to implement the provisions
they have adopted, within their respective constitutional areas of competence, to
enforce the Constitution.
Similarly, those authorities have exclusive competence
to verify whether the political or social changes referred to in the preceding
paragraph are consistent with the Constitution.
E. The doctrine of the armed forces is based on a distinction between the concepts of
security and defence.
National defence, the responsibility of the armed forces, is
intended to safeguard sovereignty and territorial integrity against outside military
threat.
Security, even when it includes this notion, is a broader concept based on
unrestricted respect for the individual and social rights of the person.
It includes,
in addition to national defence, economic, political and social aspects which go
beyond the constitutional sphere of competence of the armed forces and are the
responsibility of other sectors of society and of the State.
F. The maintenance of internal peace, tranquillity, order and public security lies
outside the normal functions of the armed forces as an institution responsible for
national defence.
The armed forces play a role in this sphere only in very
exceptional circumstances, where the normal means have been exhausted, on the
terms established in the constitutional reform approved in April 1991.
2. Educational system of the armed forces
Reiterating fully their previous agreements, whereby the professional training of
members of the armed forces shall emphasize the pre-eminence of human dignity and
democratic values, respect for human rights and the subordination of such forces to the
constitutional authorities, the Parties have reached the following agreements:
A. The legal framework of the armed forces educational and training system shall be
defined on the basis of the provisions of articles 212 and 213 of the constitutional
reform agreed to in April 1991.
B. The doctrinal framework of the armed forces educational system shall be defined
by the doctrinal principles set forth in this chapter.
Those principles shall be the
doctrinal foundation of all armed forces educational and training programmes at
all levels.
C. Curricula and study programmes for the training and education of the armed
forces shall include, in addition to military and technical subjects, scientific and
humanistic studies in order to provide an all-round education which gives students
the necessary skills to participate actively in the institutional life of the country
and promotes at all times an harmonious relationship with civilian society, as well
as their normal activities as members of that society.
D. In order to attain fully the goals outlined in the preceding paragraph, members of
the armed forces shall be encouraged to take professional and postgraduate
courses at the country's universities.
E. The Military College shall be run on a collegiate basis in teaching matters.
Its
Director shall be the President of an Academic Council which shall include
members of the military and civilians from the academic world.
Members of the
Academic Council shall be appointed by the President of the Republic.
F. COPAZ shall decide on the number of members of the Academic Council, which
shall comprise an equal number of civilians and military personnel.
G. Civilian members of the Academic Council shall be appointed by the President of
the Republic, on the basis of criteria of political pluralism, from lists of three
candidates proposed by COPAZ.
H. The teaching staff shall be appointed by the Academic Council, which shall
ensure that no political tendency predominates among that staff.
I. The Director of the Military College shall be appointed by the President of the
Republic.
J. The admissions system shall be determined by the Academic Council, which shall
ensure that it is not discriminatory.
K. COPAZ shall oversee, in particular, the implementation of paragraphs (G), (H)
and (J), under the terms laid down in the New York Agreement of 25 September
1991.
3. Purification
The Parties agree to a process of purification of the armed forces, within the framework
of the peace process and with a view to the supreme objective of national reconciliation,
based on evaluation of all members of the armed forces by an ad hoc Commission.
A. The evaluation shall take into account the past performance of each officer,
including, in particular:
(1) his record of observance of the legal order, with
particular emphasis on respect for human rights, both in his personal conduct and
in the rigour with which he has ordered the redress and punishment of unlawful
acts, excesses or human rights violations committed under his command,
especially if there have been serious or systematic omissions in the latter respect;
(2) his professional competence;
and (3) his capacity to function in the new
situation of peace, within the context of a democratic society, and to promote the
democratization of the country, guarantee unrestricted respect for human rights
and reunify Salvadorian society, which is the common purpose agreed upon by
the Parties in the Geneva Agreement.
The existence of serious deficiencies in any
one of the above-mentioned areas could be sufficient grounds for the ad hoc
Commission to take the decisions required under paragraph (G) of this section.
B. The evaluation shall be carried out by a rigorously impartial ad hoc Commission
composed of three Salvadorians of recognized independence of judgement and
unimpeachable democratic credentials.
It shall also include two officers of the
armed forces with impeccable professional records, who shall have access only to
the deliberations of the Commission;
they shall not have access to the
investigation phase to be carried out by the ad hoc Commission, nor be involved
in the final phase of the investigation, but they may have access to its conclusions.
The selection of the three civilian members of the ad hoc Commission is the result
of a process of consultations carried out by the Secretary-General of the United
Nations, the outcome of which has already been communicated to both Parties.
The President of the Republic shall issue, within five days from the signing of this
Agreement, his endorsement giving legal form and force to the Commission.
If
necessary, the same procedure shall be used to replace any member of the
Commission who is permanently unable to serve.
The two officers of the armed
forces who are to participate in the ad hoc Commission on the conditions
indicated above shall be appointed by the President of the Republic.
C. The Commission on the Truth established by the Mexico Agreements of 26 April
1991 (hereinafter referred to as "the Commission on the Truth") may appoint an
observer to the ad hoc Commission.
D. The ad hoc Commission shall be provided with such civilian support staff as it
considers necessary.
E. The Ministry of Defence and Public Security, 1 as well as any public entity, shall
supply the ad hoc Commission with any information it requests, including
information on the service record of each officer.
In any case, the ad hoc
Commission may avail itself of information from any source which it considers
reliable.
F. The ad hoc Commission shall adopt and, where necessary, request the adoption of
any measure which, in its view, is necessary for its own safety and to ensure the
safety and physical and moral integrity of persons who, in any form or manner,
cooperate with it in the fulfilment of its mission.
G. The ad hoc Commission shall adopt its conclusions, after hearing the parties
concerned, on the basis of the provisions of paragraph (A) of this section.
Its
conclusions may include a change of duty station and, where necessary, the
discharge of the staff evaluated.
H. The ad hoc Commission shall endeavour to adopt its decisions unanimously, but
if this is not possible a vote by the majority of its members shall suffice.
I. The evaluation shall be extended to non-commissioned officers when, in the
judgement of the ad hoc Commission, there is justification for doing so.
J. The ad hoc Commission shall conclude its evaluation within a maximum period
of three months from the date of its establishment.
The corresponding
administrative decisions shall be taken within 30 days from the date on which the
conclusions are communicated to the Government by the ad hoc Commission and
shall be implemented within 60 days from that date.
K. The results of the evaluation shall not prevent the implementation of such
recommendations as the Commission on the Truth may make at the appropriate
time.
4. Reduction
The new situation of peace shall include the reduction of the armed forces to a size
appropriate to their doctrine and to the functions assigned to them by the Constitution
within the framework of the constitutional reform resulting from the Mexico Agreements.
Accordingly, pursuant to the New York Agreement, the Government has submitted to the
Secretary-General of the United Nations a plan for the reduction of the armed forces,
which the Secretary-General has made known to FMLN.
The implementation of the plan
must have the practical consequence of making reductions in the various branches of the
armed forces.
A. Organization
The organization of the armed forces shall be adapted to their institutional mission
in peacetime, in keeping with the functions assigned to them by the Constitution.
This means:
a. The type of units appropriate for performing the various tasks
corresponding to that mission;
b. The appropriate structure, organization and equipment for such units by
branch, service, category (rank) and speciality;
and
c. Staffing requirements, by unit, mission and rank.
B. Units
a. Reduction of units shall be based on the reorganization of the armed
forces.
The number and type of units shall be in keeping with the new
organization;
b. In any case, the reduction covers units established as a consequence of the
conflict.
C. Personnel
The reorganization and the reduction of units involve cutting back personnel in
the various categories, branches and services or specialities of the armed forces.
The number of officers shall be reduced in accordance with the reduction plan and
shall be commensurate with the normal needs of an army.
D. Matériel and equipment
Matériel and equipment shall be in keeping with the new organization, the
doctrine and constitutional mission of the armed forces.
E. Facilities
Reduction involves the conversion, return or disposal of facilities no longer used
by the armed forces.
F. Administrative and service structures
All administrative and service structures shall be adapted to the new situation of
peace and to the doctrine and the new constitutional mission of the armed forces.
G. Military spending
5. End to impunity
The Parties recognize the need to clarify and put an end to any indication of impunity on
the part of officers of the armed forces, particularly in cases where respect for human
rights is jeopardized.
To that end, the Parties refer this issue to the Commission on the
Truth for consideration and resolution.
All of this shall be without prejudice to the
principle, which the Parties also recognize, that acts of this nature, regardless of the
sector to which their perpetrators belong, must be the object of exemplary action by the
law courts so that the punishment prescribed by law is meted out to those found
responsible.
6. Public security forces
A. Under the constitutional reform resulting from the Mexico Agreements, the
safeguarding of peace, tranquillity, order and public security in both urban and
rural areas shall be the responsibility of the National Civil Police, which shall be
under the control of civilian authorities.
The National Civil Police and the armed
forces shall be independent and shall be placed under the authority of different
ministries.
B. According to the terms of chapter II of this Agreement, the National Civil Police
shall be a new force, with a new organization, new officers, new education and
training mechanisms and a new doctrine.
C. The National Guard and the Treasury Police shall be abolished as public security
forces and their members shall be incorporated into the army.
7. Intelligence services
A. The National Intelligence Department shall be abolished and State intelligence
services shall be entrusted to a new entity to be called the State Intelligence
Agency, which shall be subordinated to civilian authority and come under the
direct authority of the President of the Republic.
During the transitional period,
the Director of the State Intelligence Agency shall be a civilian appointed by the
President of the Republic on the basis of his ability to attract broad acceptance.
He may be dismissed by resolution of the Legislative Assembly on grounds of
serious human rights violations.
B. The legal regime, staff training, organizational lines, operational guidelines and,
in general, the doctrine of the State Intelligence Agency shall accord with
democratic principles;
the concept of State intelligence as a State function for the
common good, free from all considerations of politics, ideology or social position
or any other discrimination;
and strict respect for human rights.
C. The activities of the State Intelligence Agency shall be restricted to those required
for compiling and analysing information in the general interest, by the means and
within the limits authorized by the legal order and, in particular, on the basis of
strict respect for human rights.
D. The activities of the State Intelligence Agency shall be supervised by the
Legislative Assembly, using the oversight mechanisms established by the
Constitution.
E. Alternative employment and compensation shall be offered to staff currently
attached to the National Intelligence Department who are not incorporated into
the new State Intelligence Agency.
International support shall be sought for that
purpose.
F. The incorporation into the State Intelligence Agency of staff of the National
Intelligence Department who so request shall be permitted only after rigorous
evaluation of their past performance, abilities and capacity to adapt to the new
doctrine.
Such evaluation shall be made by the Director of the Agency, under the
authority of the President of the Republic, with the support of international
advisory services and United Nations verification.
G. The State Intelligence Agency shall be organized by its Director, under the
authority of the President of the Republic.
8. Rapid deployment infantry battalions
The Parties recognize that the rapid deployment infantry battalions were created at a
specific moment in the conflict and that their existence must therefore be reviewed as
circumstances dictate.
Consequently, they also recognize that the rapid deployment
infantry battalions will not be needed in the new situation of peace, with the result that in
these circumstances it will be possible to disband them and to redeploy or discharge
personnel currently assigned to them.
9. Subordination to civilian authority
The President of the Republic, in exercise of the power of discretion conferred on him by
the Constitution, may appoint civilians to head the Ministry of Defence.
In any case,
appointees must be persons fully committed to observing the peace agreements.
10. Paramilitary bodies
A. The Parties recognize the principle that any paramilitary force or group must be
proscribed in a State governed by the rule of law.
B. Civil defence.
Civil defence units shall be disbanded.
This process shall be
gradual and shall be subject to the implementation timetable for the peace
agreements.
C. System of armed forces reserves.
A new system of armed forces reserves shall
replace the present system of territorial service, according to the following terms:
a. The system shall be responsible for the organization and functioning of the
following aspects:
(1) up-to-date registration of citizens in reserve status
and citizens fit for military service;
(2) updating of the military skills of
reserves;
(3) when necessary, calling reserves up for active duty to
perform the mission entrusted to the armed forces by the Constitution.
b. The new system shall be under the authority of the Ministry of Defence.
c. Armed forces reserves may undertake missions only if assigned to active
duty in the armed forces and in conformity with the Constitution, and shall
not perform any function related to public security or monitoring of the
population or the territory.
d. The laws, regulations and orders in force on this subject shall be made
compatible with the terms of this Agreement.
D. Regulation of private security services.
The Parties recognize the need to regulate
the activities of all those entities, groups or persons who provide security or
protection to private individuals, corporations or State institutions, in order to
guarantee the transparency of their activities and also their strict subordination to
the law and to respect for human rights.
To that end:
a. A special law shall regulate the activities of entities, groups or persons
who provide security or protection to private individuals, corporations or
State institutions.
That law shall establish the requirements which must be
met in order to offer and provide such services;
a system for the public
registration of the staff, weapons and offices, if any, of such groups,
entities or persons;
appropriate oversight mechanisms, including their
supervision by the National Civil Police;
and, in general, the necessary
limitations and prohibitions to ensure that such security services operate
exclusively within the framework of the law.
b. The law shall also establish peremptory deadlines for fulfilling the above
requirements, where relevant.
Once those deadlines have expired, entities
which have not fulfilled the above requirements shall be considered illegal
and their members and organizers shall be subject to application of the
corresponding legal penalties.
c. To that end, the Parties express their agreement with the outline of the
preliminary legislative draft included as an annex to this Agreement,
which they refer to COPAZ, together with the above considerations, for it
to prepare the corresponding preliminary draft.
11. Suspension of forcible recruitment
A. Any form of forcible recruitment shall be suspended when the cessation of the
armed conflict comes into effect, pending the entry into force of the law referred
to in the next paragraph.
B. A new law governing military service and reserve service shall be promulgated.
That law shall establish as fundamental principles of military service that it shall
be universal and compulsory and shall be imposed fairly and without
discrimination.
C. Pursuant to the above, the law shall establish that all Salvadorians must present
themselves at the proper time at the corresponding registration centres.
Recruitment shall be effected exclusively by calling up individuals through the
drawing of lots, and by registering volunteers.
Military service may be performed
over one continuous period or over several periods of time.
D. The above law shall envisage administrative penalties for failure to fulfil the
obligations provided for therein and shall determine the grounds for temporary or
permanent exemption from military service, equivalences between types of
military service and other general provisions.
E. The law shall also regulate the armed forces reserves in accordance with
paragraph (C) of section 10 of this chapter.
12. Preventive and promotional measures
Within the context of the objectives of this Agreement, the Parties recognize the need to
adopt a number of measures designed to promote enhanced respect for the rules which
must govern the armed forces and to prevent infringements of those rules.
These
measures include the following:
A. Supervision of armed forces operations by the Legislative Assembly.
B. Effective functioning of the Armed Forces General Inspectorate.
The Inspector
General shall be a member of the armed forces with an impeccable professional
record, appointed by the President of the Republic.
C. Creation of an armed forces court of honour to try acts which, although not
necessarily punishable, are contrary to military honour.
This shall be without
prejudice to the requirement that soldiers who have broken the law must be
brought before the courts.
D. Amendment of the law penalizing unlawful enrichment to expressly include
within its jurisdiction senior commanders of military units and those performing
administrative functions at the same levels.
E. Cancellation of licences for private individuals to bear weapons that are for the
exclusive use of the armed forces, and immediate recall of such weapons.
F. Dissemination of the doctrine of the armed forces so that the whole of society is
familiar with it.
G. Adaptation of the legislation on the armed forces to the constitutional reform
approved in April 1991, to the New York Agreement and to this Agreement.
13. Redeployment and discharge
A. Troops belonging to units that are to be abolished or disbanded shall be
redeployed within the armed forces where such redeployment is compatible with
the armed forces troop strength required by the objectives of this Agreement, and
with the conclusions and recommendations of the ad hoc Commission provided
for in section 3 of this chapter.
B. All troops discharged as a result of these agreements shall be given compensation
equivalent to one year's pay at their wage level and the Government shall promote
projects permitting the integration of such individuals into civilian life.
1 The results of the constitutional reform will be taken into account.
Chapter II
National Civil Police
1. Establishment of the national civil police
The National Civil Police shall be established in accordance with the constitutional
reform resulting from the Mexico Agreements.
The National Civil Police shall be a new
force with a new organization, new officers, new education and training mechanisms and
a new doctrine.
A. The National Civil Police shall be the only armed police body with
national jurisdiction.
Its mission shall be to protect and safeguard the free
exercise of the rights and freedoms of individuals, to prevent and combat
all types of crimes, and to maintain internal peace, tranquillity, order and
public security in both urban and rural areas.
B. In accordance with the provisions of the New York Agreement, the
organization of the National Civil Police and the general outlines of its
staff profile shall be determined, on the terms set forth in this Agreement,
under close international cooperation and supervision, coordinated by the
United Nations.
2
2. Doctrine
A. The legal regime, staff training, organizational lines, operational
guidelines and, in general, the institutional definition and operation of the
National Civil Police shall accord with democratic principles;
the concept
of public security as a service provided by the State to its citizens, free
from all considerations of politics, ideology or social position or any other
discrimination;
respect for human rights;
the effort to prevent crime;
and
the subordination of the force to the constitutional authorities.
Citizens'
exercise of their political rights may not be impaired by police activities.
B. The National Civil Police shall be a professional body, independent of the
armed forces and free from all partisan activity.
Without prejudice to the
right of its members to make, as citizens, their own political choices, they
shall not be able to use their status for partisan purposes.
C. Members of the National Civil Police shall at all times observe the duties
imposed on them by law, serving the community and protecting all
persons from illegal acts, in keeping with the high degree of responsibility
required by their profession.
D. In the performance of their tasks, members of the National Civil Police
shall respect and protect human dignity and shall preserve and defend the
human rights of all persons.
E. Members of the National Civil Police may use force only when strictly
necessary and to the extent required for the fulfilment of their tasks.
F. Questions of a confidential nature of which members of the National Civil
Police have knowledge shall be kept secret, unless compliance with duty
or the needs of justice strictly demand otherwise.
G. No member of the National Civil Police may inflict, instigate or tolerate
any act of torture or other cruel, inhuman or degrading treatment or
punishment, nor invoke the orders of a superior or special circumstances,
such as a state of war or threat of war, threats to national security, internal
political instability or any other public emergency to justify torture or
other cruel, inhuman or degrading treatment or punishment.
H. All orders from above shall be in keeping with the laws of the Republic.
Obeying the orders of a superior is no justification for committing acts
which are clearly punishable.
I. Members of the National Civil Police shall ensure full protection of the
health of persons in their custody and, in particular, shall take immediate
steps to provide medical care when necessary.
J. Members of the National Civil Police shall not commit any act of
corruption.
They shall also strongly oppose such acts and shall combat
them.
K. Members of the National Civil Police who have reason to believe that a
breach of these rules of conduct has occurred or is about to occur shall so
inform their superiors and, if necessary, any authority or appropriate
agency having powers of control or correction.
L. In the performance of their functions, members of the National Civil
Police shall, as far as possible, utilize non-violent means before resorting
to the use of force and firearms.
They may use force and firearms only
when other means prove ineffective or do not in any way guarantee the
achievement of the legitimate anticipated result.
M. Members of the National Civil Police shall not use firearms against people
except in self-defence or in defence of other people, or in case of
imminent danger of death or serious injury, or with the intention of
preventing the commission of a particularly serious crime involving a
serious threat to life, or for the purpose of arresting a person who
represents such a threat and resists their authority, and only where less
extreme means prove insufficient to achieve such objectives.
In any case,
lethal weapons may be used intentionally only when strictly unavoidable
for the protection of a life.
N. As part of the performance of their duty to safeguard the exercise of the
rights of individuals, members of the National Civil Police shall protect
the exercise of the right of assembly and demonstration.
When, for legal
reasons, they are compelled to break up a demonstration or a meeting, they
shall use the least dangerous means and only to the minimum extent
necessary.
Members of the National Civil Police shall refrain from using
firearms in such cases, save where the meetings are violent and other
means have been exhausted, and only under the circumstances provided
for in the preceding paragraph.
3. Functional and territorial structure
The functional and territorial structure to be adopted by the National Civil Police is
defined in the following general framework.
This structure shall be reflected in the
organizational chart and in the law on the organization of the National Civil Police.
A. General legal framework
a. National Civil Police authorities
1. The National Civil Police shall be under the control of
civilian authorities (art.
168, para.
17, of the Constitution).
These shall be:
the President of the Republic, the Minister,
the Vice-Minister, the Director-General of Police, the
Deputy Directors-General, the Inspector General, the
division chiefs of each service and the chiefs of
departmental delegations.
2. The Director-General of the National Civil Police shall be
appointed by the President of the Republic.
He may be
dismissed by resolution of the Legislative Assembly for
serious violations of human rights.
The leadership of the
National Civil Police shall be civilian.
3. Without prejudice to the provisions of this chapter
concerning the transitional regime, the National Civil
Police shall be placed under the authority of a new Ministry
of the Interior and Public Security.
To that end, the existing
Ministry of the Interior shall be restructured.
A Vice-
Ministry of Public Security shall be established and shall be
responsible for relations with the National Civil Police.
The
public security structure shall be entirely new.
b. Nature of the organization
The National Civil Police shall have a centralized organization, in
that it will be structured at the national level in such a way as to
cover all tasks assigned to the police.
Its operation, on the other
hand, shall be decentralized, because there shall be departmental
police delegations in accordance with the administrative divisions
of the country.
Owing to the nature of the functions assigned to certain units
which belong organizationally to the National Civil Police, these
units may remain under the functional control of other authorities,
under the terms set forth in this chapter.
B. Organs reporting to the Director-General
a. Offices of Deputy Directors-General
b. The General Inspectorate
Under the authority of the Director-General, the General
Inspectorate of Police shall be responsible for monitoring and
supervising the activities of the operational services of the force.
The Inspector General shall be appointed by the Director-General,
in consultation with the Attorney-General of the Republic and the
National Counsel for the Defence of Human Rights.
The General Inspectorate shall comprise a Monitoring Division,
which shall have the function of monitoring all police services, and
a Disciplinary Investigation Division, which shall have the
function of investigating breaches of discipline by police officers.
c. Legal advisory services
These services shall be staffed by legal experts specialized in
police matters.
They shall be organized in accordance with the
needs of the various functional and territorial police structures.
d. International legal advisory services
International legal advisory services shall be staffed by suitable
personnel and high-level specialists.
They shall be coordinated by
the United Nations and are envisaged as a transitional arrangement.
C. Office of the Deputy Director-General for Operations
a. Divisions
1. Public Security Division
The Public Security Division shall be responsible for the
maintenance of tranquillity, order and public security.
It
shall have the following departments:
prevention, traffic,
public order, control of private security, juveniles 3 and
general coordination with departmental delegations.
2. Criminal Investigation Division
Under the functional control of the Attorney-General of the
Republic, the Criminal Investigation Division shall be
responsible for investigating criminal acts and gathering
evidence to identify the perpetrators of such acts.
It shall
also carry out investigations and other activities within its
field of competence as required by the Attorney-General of
the Republic, judges and courts.
The Chief of the Division shall be appointed by the
Director-General of the National Police, in consultation
with the Attorney-General and the President of the
Supreme Court of Justice.
The spheres of operation of this Division shall be organized
on the basis of punishable offences having the greatest
social impact.
It shall also have technical support
departments.
The legal regime applicable to this Division shall be
harmonized with the provisions of the Constitution
concerning auxiliary organs of the system of justice.
3. Frontiers Division
This Division shall be responsible for monitoring and
supervising the admission, departure, activities and
expulsion of aliens and the migration of nationals and for
the monitoring and supervision of public and private
civilian airports, without prejudice to the constitutional
duty of the armed forces to defend the integrity of the
territory of the State.
4. Finance Division
Under the functional control of the Ministry of Finance and
without prejudice to the fiscal oversight or other functions
performed by it, this Division shall be responsible for
preventing and combating infringements of tax law.
It shall
be the police support organ of the Ministry of Finance.
It
shall have two departments:
customs and taxes.
The Finance Division shall be the only police organ with
competence in the areas of customs and taxes.
Consequently, following its entry into operation, all
provisions and structures incompatible with this principle
shall cease to exist.
The Chief of the Finance Division shall be appointed by the
Director-General of the National Police with the prior
approval of the Minister of Finance.
5. Arms and Explosives Division
This Division shall be responsible for preventing and
combating infringements of the constitutional and legal
regime on the manufacture, import, export, trading,
possession and bearing of weapons, ammunition,
explosives and similar articles.
6. Division for the Protection of Eminent Persons
This Division shall be responsible for protecting and
escorting senior State officials;
foreign dignitaries visiting
the country;
and other persons on the basis of decisions of
the Government or of the courts;
and for guarding public
buildings and the offices of diplomatic missions or
international organizations.
7. Environment Division
Under the functional control of the Ministry of Agriculture
and Livestock, this Division shall be responsible for
preventing and combating crimes and misdemeanours
against the environment.
The Chief of the Environment Division shall be appointed
by the Director-General of the National Civil Police with
the prior approval of the Minister of Agriculture and
Livestock.
b. Territorial distribution
One police delegation per department and one metropolitan
delegation for San Salvador shall be established.
The headquarters
of delegations shall be located in departmental capitals.
Within
each delegation, there may also be sub-delegations located in the
main urban centres and also police posts in rural areas.
1. Departmental delegations
The chiefs of departmental delegations shall have authority
over all the units in their department.
They shall be
appointed by the Director-General of the National Police on
the proposal of the Deputy Director-General for
Operations, who shall be their direct supervisor.
The
organizational structure of delegations shall be adapted to
the needs of each department.
2. Sub-delegations and police posts
Sub-delegations shall be established in urban centres and
shall be organized on the basis of local needs.
Police posts
shall operate in rural areas.
D. Office of the Deputy Director-General for Management
The Office of the Deputy Director-General for Management shall be
responsible for implementing and coordinating the administrative and
logistical support activities of the police.
Its initial structure shall consist
of the following divisions:
Infrastructure Division
Data-Processing Division
Administration Division
Logistics Division
Planning and Budget Division
4. Personnel of the National Civil Police
The personnel of the National Civil Police shall be organized on the basis of a
hierarchized manning table with three levels:
basic, executive and senior.
Each level shall
consist of the ranks determined by law.
The staff profile and general regime shall be in
keeping with the terms of this Agreement.
A. Profile
a. Personnel of the National Civil Police must have a vocation of
service to the community, a capacity for human relations and
emotional maturity, and the conduct and physical condition
required to serve as a police officer.
They must also be suited to
serving in a police force which is designed, structured and operated
as a civilian institution with the purpose of protecting and
guaranteeing the free exercise of the rights and freedoms of
individuals;
preventing and combating all types of crimes;
and
maintaining internal peace, tranquillity, order and public security.
They must also be able to adjust their conduct satisfactorily to the
doctrine and legal regime of the National Civil Police.
Both admission to the National Public Security Academy and final
admission to the police force shall require checking the profile of
candidates.
Specific evaluation criteria shall be established for this
purpose, with rigorous standards set for each level of
responsibility.
b. Educational level
1. Basic level.
a. Police officers must have completed the ninth grade
of education.
b. Police sergeants must hold a high school diploma.
2. Executive level.
The successful completion of three years
of university studies or their equivalent is required.
3. Senior level.
A university degree or its equivalent is
required.
c. General requirements for admission to the Academy
In order to enter the National Public Security Academy, applicants
are required to:
1. Be Salvadorian by birth.
2. Have reached the age of 18 before submitting the
application.
3. Have completed the level of studies required for the
category concerned.
4. Be physically fit.
5. Have full exercise of their civic rights.
6. Have no criminal record, i.e. convictions resulting from a
final verdict.
7. Pass the entrance examinations, which shall be designed to
ensure that candidates fit the profile required to belong to
the National Civil Police, according to each of the levels of
responsibility defined in this chapter.
The entrance
examinations shall consist of a test of general knowledge, a
physical examination, a medical examination and a
psychological examination.
These examinations shall be
supplemented by personal interviews with the candidates.
d. The preparation of the examinations referred to in the preceding
paragraph and the formation of the boards of examiners
responsible for administering them shall be carried out on the basis
of exclusively technical criteria.
e. Special emphasis shall be placed on the training of police
personnel, so that they are given the best possible preparation and
are trained to perform their duties in strict conformity with the
doctrine of the police force, with special emphasis on unrestricted
respect for human rights.
B. General regime
a. Members of the National Civil Police shall be career professionals
and agents of authority.
b. The duties, rights, responsibilities and disciplinary regime of the
members of the National Civil Police shall be determined by law.
c. Members of the National Civil Police shall be required to serve in
any part of the national territory.
d. Members of the National Civil Police shall wear the regulation
uniform whenever they are on active duty.
In exceptional cases, the
Minister, or in his absence, the Vice-Minister or the Director-
General may give authorization for not wearing uniforms for
certain tasks.
e. Members of the National Civil Police shall bear firearms when
warranted by the needs of the service.
They shall use only small
arms, which are appropriate to police duties and cannot be
considered war matériel.
Special weapons shall be stored in the
arsenal of the National Civil Police, to be used by personnel
trained for this purpose when, in the opinion of the Minister
concerned or, in his absence, of the Vice-Minister or the Director-
General, special circumstances exist which require their use.
f. Members of the National Civil Police shall respect the Constitution
and the law and shall at all times adjust their conduct to the
doctrine of the force, as defined in this Agreement.
g. Members of the National Civil Police shall not normally be
required to live in barracks.
Such a regime shall be applied only in
exceptional circumstances and for the time strictly necessary.
h. The law shall define the regime of labour rights of members of the
National Civil Police, bearing in mind the nature of the function
they are required to perform.
i. Members of the National Civil Police shall enjoy job security.
They may not be dismissed except for specific legal reasons.
j. Members of the National Civil Police shall be entitled to a level of
remuneration that ensures a decent standard of living for
themselves and their families and also accords with their rank and
length of service.
k. Vehicles, communications systems, uniforms, facilities and, in
general, any equipment used by members of the National Civil
Police shall be suited to the requirements of a police force of the
type defined in this Agreement.
5. National Public Security Academy
A. The National Public Security Academy shall be responsible for:
a. Basic training, training of middle-ranking and senior officers and
specialized training of the National Civil Police.
b. Selecting personnel for the National Civil Police.
c. Investigating, studying and publicizing matters relating to the
National Civil Police and public security.
d. Making an annual evaluation of all National Civil Police
personnel.
B. The National Public Security Academy shall be an autonomous body
placed directly under the authority of the Minister concerned.
C. The National Public Security Academy shall be run by a Director-General
and an Academic Council.
The Academic Council shall perform standardsetting
and comptrolling functions in its sphere of competence.
The
Director-General shall be President of the Academic Council and shall
exercise the executive and administrative powers of the Academy.
D. The Director-General shall be appointed by the President of the Republic.
E. The Academic Council shall consist of civilians prominent in civilian,
cultural, legal, technical, police or academic life, appointed by the
President of the Republic on the proposal of the Minister concerned and
on the basis of criteria of political pluralism.
F. The admissions system shall be determined by the Academic Council,
which shall ensure that it is not discriminatory.
G. The teaching staff of the Academy shall be appointed by the Academic
Council.
No political tendency shall predominate among that staff.
The
law shall establish suitable mechanisms for ensuring this last goal.
6. Legal regime
The National Civil Police and the National Public Security Academy shall each be
regulated by special laws.
To that end, the Parties express their general agreement with
the proposed preliminary legislative drafts included as annexes to this Agreement
(annexes II and III), provided that the proposed drafts do not depart from the Agreement.
Consequently, in implementation of the New York Agreement, they hereby refer those
proposals to COPAZ, along with this Agreement, for it to prepare the corresponding
preliminary drafts.
7. Transitional regime
A. Organization
a. During the transition, the National Civil Police shall not be
attached to any Ministry.
The Director-General shall be under the
direct authority of the President of the Republic.
b. The National Civil Police shall be run by the Director-General,
under the terms laid down in this Agreement and in the New York
Agreement.
Until the establishment of the National Civil Police
has been legally formalized, the organizational work shall be done
by a Coordinator chosen for his ability to receive wide acceptance.
c. During the transition, the Director-General of the National Civil
Police shall be appointed by the President of the Republic from a
list of three candidates proposed by the National Commission for
the Consolidation of Peace (COPAZ).
d. The Coordinator and, subsequently, the Director-General, shall
establish appropriate machinery for information and
communication with COPAZ or, before the latter's final
formalization, with its transitional body, so that the Commission
can perform its function of supervising the organization of the
National Civil Police.
As part of the normal exercise of its
functions, COPAZ shall designate a subcommission to carry out
this task, which shall serve as an advisory commission to the
Coordinator or to the Director-General for the adoption of relevant
decisions or measures concerning the organization of the National
Civil Police, the assumption of its functions and, in general,
matters relating to the transitional regime which have not been
expressly resolved in this chapter.
e. In accordance with the provisions of the New York Agreement, the
organization of the National Civil Police shall be determined, on
the terms set forth in this Agreement, under close international
cooperation and supervision, coordinated by the United Nations.
B. Assumption of functions
a. The National Civil Police shall take up its functions gradually, as
contingents graduating from the National Public Security Academy
make it possible to staff fully each of the functional and territorial
structures provided for in this chapter.
The Director-General shall
determine the priorities and order according to which this
assumption of functions shall take place.
b. The process of replacing the former security forces shall be carried
out by geographical department, making sure that there are no gaps
in authority.
Within 21 months of the launching of this process, all
departments must be covered by contingents of the National Civil
Police.
c. During the first two years of the formation of the new force, the
goal of 5,700 officers at the basic level and 240 at the executive
and senior levels must be achieved.
Over the following five years,
the final figures for the National Civil Police, estimated tentatively
at some 10,000 officers at the basic level and about 500 at the
executive and senior levels, shall be attained.
d. While the first senior and executive officers of the National Police
Force are being trained, the Director-General may order the
creation of provisional commands, exclusively for the National
Civil Police, which shall act during a predetermined period and
shall be supported by experts and advisers, under a programme of
close international cooperation and supervision, coordinated by the
United Nations, on the terms laid down in this Agreement.
e. While the progressive deployment of the new force is taking place
under the terms laid down in this Agreement, the existing National
Police shall continue to perform its current public security
functions, with the exception laid down in the next paragraph.
The
National Police shall be the only one of the current public security
forces to retain functions of this nature during the transitional
period.
The international verification of agreements to be
undertaken by the United Nations through ONUSAL shall include
the activities of a group of specialists from countries with
experience in the organization and operation of civilian police
forces.
The tasks of those specialists shall include, in addition to
cooperating in ensuring a smooth transition and assisting police
authorities, that of accompanying officers and members of the
National Police in the performance of their duties.
f. During the progressive deployment of the new force to zones
which were traditionally conflict zones during the armed conflict,
public security in those zones shall be subject to a special regime
to be determined by the Director-General of the National Civil
Police.
That regime shall, in any case, envisage activities by the
group of specialists referred to in the preceding paragraph.
g. Personnel of the National Civil Police graduating from the
National Public Security Academy shall be subject to the general
rule laid down in this chapter that police shall not be required to
live in barracks.
During the initial period, however, exceptions
may be made where this is justified by lack of personnel in the
early phases of the deployment of the new force.
This exceptional
regime may not be extended under any circumstances beyond 31
December 1993.
h. In any case, during the preparatory phase and, in general, during
the transitional period until the National Police is completely
replaced by the National Civil Police, the role of international
advisory services and verification shall be strengthened.
C. National Public Security Academy
a. During the transition, the National Public Security Academy shall
not be attached to any Ministry.
Its Director shall be under the
direct authority of the President of the Republic.
b. During the transition, the Director-General of the National Public
Security Academy shall be appointed by the President of the
Republic from a list of three candidates proposed by COPAZ.
c. COPAZ shall determine how many members the Academic
Council of the National Public Security Academy should have
during the transition.
In this same period, those members shall be
appointed by the President of the Republic from lists of three
candidates proposed by COPAZ.
In any case, the Council shall
consist of civilians prominent in civilian, cultural, legal, police or
academic life, in accordance with this chapter.
The lists proposed
by COPAZ and the final appointments made by the President of
the Republic must ensure pluralism of the Academic Council.
d. The admissions system shall be determined by the Academic
Council, which shall ensure that it is not discriminatory.
e. Admission shall be contingent on passing the entrance
examinations provided for in section 4 of this chapter, adapted to
the criteria and procedures referred to in the New York Agreement.
The examinations shall be prepared on the basis of exclusively
technical criteria and the formation of the boards of examiners
responsible for administering them must be such as to ensure the
juries' absolute impartiality.
To that end, where it is necessary to
obtain additional technical resources because there are not enough
suitable resources in the country, the support of experts shall be
sought through the United Nations under the terms laid down in
this Agreement, as indicated in the next paragraph of this section.
COPAZ shall pay special attention to monitoring the fulfilment of
this provision.
f. In selecting the initial academic personnel, every effort shall be
made to find the best human resources available in Salvadorian
society so as to provide a group of teachers which is sufficiently
broad and pluralistic and of sufficiently high quality to give the
new police force a cultural identity in keeping with its nature and
doctrine.
To that end, assistance shall be sought from university
lecturers, expert jurists, doctors and other professionals involved in
police matters.
COPAZ shall establish appropriate mechanisms to
ensure that no political tendency predominates in that academic
body.
Such mechanisms must be included in the preliminary bill
on the National Public Security Academy.
g. In those areas of study where there are not sufficient teachers in the
country to meet the initial needs of the Academy, the support of
experts shall be sought through the United Nations under the terms
laid down in this Agreement, as indicated in the following
paragraph.
h. For the purposes of the recruitment, selection, preparation and
training of new personnel, the support of experts from countries
which are able to provide the assistance required for the needs of
this process shall be sought through the United Nations, under the
terms laid down in this Agreement.
D. Personnel
a. The criteria and mechanisms for the selection and training of
personnel shall accord with the concept of the National Civil
Police as a new force, with a new organization, new officers, new
education and training mechanisms and a new doctrine.
In this
context, personnel who did not participate directly in the armed
conflict shall be encouraged to join the force, without prejudice to
the right of former members of the National Police and former
FMLN combatants not to be discriminated against in the selection
of such personnel and their right to join the National Civil Police
under the terms of the New York Agreement and of this
Agreement.
b. A publicity campaign to promote the recruitment of new personnel
for the National Civil Police shall be designed and implemented as
soon as possible.
Special consideration shall be given to the
recruitment of women.
c. Former members of the National Police may join the National
Civil Police under the terms of this Agreement, after an evaluation
of their conduct, provided that they meet the admission
requirements and go through the new National Public Security
Academy.
This evaluation shall be made by the Director-General
of the National Civil Police, under the supervision of COPAZ, and
shall be subject to verification by the United Nations.
d. Former FMLN combatants may join the National Civil Police
provided that they fulfil the admission criteria and procedures
established for them by COPAZ and go through the new National
Public Security Academy.
As part of the verification of the
cessation of the armed conflict, ONUSAL shall check that
applicants who identify themselves in this category have actually
and irrevocably abandoned the armed struggle.
All this shall be
supervised and guaranteed by COPAZ.
e. For the recruitment of personnel referred to in the preceding
paragraphs, in the case of the basic level of the National Civil
Police, the level of general knowledge and/or the zones in which
personnel are to be recruited and serve shall be taken into account.
Those who do not have the level of formal education required for
admission must pass an aptitude and skills test to evaluate their
ability to follow the study programmes of the National Public
Security Academy satisfactorily.
Special courses shall be
organized to prepare for this test, under the auspices of the
National Public Security Academy and with support from the
Ministry of Education and the country's universities.
f. For courses at the basic level, 330 recruits shall be selected per
month, for a 6-month training course, during the first 24 months of
the mass training programme.
Candidates shall be selected in such
a way as to ensure that most recruits did not participate directly in
the armed conflict and that the proportion of former FMLN
combatants is no greater than that of former members of the
National Police, and vice versa.
COPAZ shall take special care to
ensure that these requirements are met.
g. The recruitment of officers for the executive and senior levels of
the National Civil Police shall be carried out by means of rigorous
selection, in accordance with the criteria and procedures laid down
in this Agreement, and shall fully respect the principles of equality
of opportunity among applicants and non-discrimination.
Courses
shall last a year, according to the level and manning table
concerned.
A total of 120 officers shall be trained each year.
h. Posts at the executive and senior levels shall be allocated to
graduates of the National Public Security Academy by the
Director-General according to the needs of the service.
However,
the top five students each year shall be entitled to choose from the
various vacant posts corresponding to the level of responsibility of
their studies.
i. Without prejudice to the provisions of the preceding paragraph,
zones that were traditionally conflict zones during the armed
conflict shall be the object of special treatment designed to
promote national reconciliation and stability during the transition.
Such treatment shall involve the formation of police units
comprising personnel of different origins who have graduated from
the National Public Security Academy.
The chiefs of the
corresponding delegations shall be appointed following
consultations with the advisory commission of COPAZ.
j. All personnel joining the National Civil Police in accordance with
this Agreement shall be considered to be civilians, regardless of
their origin.
E. Any other matter relating to the transitional regime which has not been
resolved by this Agreement or by other agreements already adopted by the
Parties shall be decided by COPAZ, under the terms laid down in the New
York Agreement.
2 The international cooperation referred to in these Agreements shall be coordinated by
the United Nations and shall be subject to a formal request by the Government,
compliance with the official procedures and the corresponding consultations.
3 This department shall provide support for the Juvenile Office of the Ministry of Justice.
Chapter III
Judicial System
1. National Council of the Judiciary
A. The Parties reaffirm that, as already agreed in the Mexico
Agreements, the composition of the National Council of the
Judiciary shall be such as to guarantee its independence from the
organs of the State and from political parties and its membership
shall, as far as possible, include not only judges but also sectors of
society not directly connected with the administration of justice.
In
accordance with the New York Agreement, they refer the matter to
COPAZ to prepare the corresponding preliminary legislative draft.
B. Judicial Training School
a. Pursuant to the Mexico Agreements, the preliminary draft
referred to in the preceding paragraph shall include
provisions regulating the Judicial Training School, which
shall function under the responsibility of the National
Council of the Judiciary and whose purpose shall be to
ensure a steady improvement in the professional training of
judges and other judicial officials and of members of the
Office of the Attorney-General of the Republic;
to
investigate the country's judicial problems and promote
solutions thereto;
and to foster greater bonds of solidarity
among members of the judiciary and a coherent overall
vision of the function of the judiciary in a democratic State.
b. The rules for the administration and organization of the
Judicial Training School shall be such as to ensure its
academic independence and its openness to the various
schools of legal thought.
2. Office of the National Counsel for the Defence of Human Rights
A. The National Counsel for the Defence of Human Rights shall be
appointed within 90 days following the entry into force of the
constitutional reform resulting from the Mexico Agreements.
B. COPAZ shall be entrusted with preparing the preliminary bill
organizing the Office of the National Counsel for the Defence of
Human Rights.
C. The preliminary bill shall establish appropriate means for putting
into effect the firm commitment assumed by the Parties in the
course of the negotiations to identify and eradicate any groups
which engage in a systematic practice of human rights violations,
in particular, arbitrary arrests, abductions and summary executions,
as well as other attempts on the liberty, integrity and security of
persons.
This includes the commitment to identify and, where
appropriate, abolish and dismantle any clandestine jail or place of
detention.
In any event, the Parties agree to give top priority to the
investigation of such cases, under ONUSAL verification.
Chapter IV
Electoral System
The Parties reaffirm their commitment, made in the Mexico Agreements, to
promote a comprehensive proposal for reform of the electoral system.
To that end,
they request COPAZ to appoint the Special Commission envisaged for that
purpose in the Mexico Agreements.
That Commission shall study the preliminary
draft amendments to the Electoral Code submitted to the Legislative Assembly by
the Central Board of Elections, as well as any proposals put forward by its
members or by independent experts invited for that purpose.
The Special
Commission shall organize its work in such a way that the results can be used
within the time-limits set for the reform of the electoral system.
Chapter V
Economic and Social Questions
1. Preamble
One of the prerequisites for the democratic reunification of Salvadorian society is the
sustained economic and social development of the country.
At the same time,
reunification of Salvadorian society and a growing degree of social cohesion are
indispensable for fostering development.
Hence, the set of agreements required to put a
definitive end to the armed conflict in El Salvador must include certain minimum
commitments to promote development for the benefit of all sectors of the population.
In accordance with the New York Agreement, the issues covered by this instrument are:
the agrarian problem, loans to the agricultural sector, measures required to alleviate the
social cost of structural adjustment programmes, appropriate procedures for direct
external cooperation designed to encourage community development and assistance
projects, establishment of a forum for economic and social consultation and the National
Reconstruction Plan.
Also, although the general philosophy or orientation of the
Government's economic policy, which FMLN does not necessarily share, is not covered
by this Agreement, both Parties agree on the need to provide certain basic guidelines so
as to ensure the requisite social stability during the transitional period, consolidate peace
and make progress towards the reunification of Salvadorian society.
2. The agrarian problem
A. Lands in excess of the constitutional limit of 245 hectares
The Government of El Salvador shall transfer rural farmland that has not
yet been transferred under articles 105 and 267 of the Constitution of the
Republic.
It likewise undertakes to ensure that implementation of the relevant
constitutional requirements is not evaded by owners of rural holdings in
excess of 245 hectares.
B. State-owned lands which are not currently part of a forestry reserve
The Government of El Salvador shall transfer to beneficiaries of the
agrarian reform, as provided in article 104 of the Constitution, Stateowned
rural farmland which is not part of a forestry reserve.
Under the various land-transfer programmes which the Government of El
Salvador is carrying out with State-owned farmland, preference shall be
given to former combatants of both Parties who so request voluntarily, are
of peasant origin and familiar with farming, and possess no land of any
kind.
The size of the lots shall be determined by the amount of land
available, as mentioned above, and the number of beneficiaries who meet
the conditions set out in this section.
C. Lands offered for sale to the State
Making use of the legal, technical and financial resources available to it,
the Government of El Salvador shall seek to acquire and transfer through
the Land Bank lands voluntarily offered for sale by their owners.
Once the
said lands are acquired, they shall be transferred to beneficiaries of the
agrarian reform.
D. Recipients of lands transferred in accordance with the preceding sections
The lands acquired under sections A, B and C of this chapter shall be used
to satisfy the need for land of landless peasants and small farmers.
Specifically, title to the land shall be transferred legally to the peasants
and small farmers designated by law as beneficiaries of the agrarian
reform.
E. Payments for land
The lands referred to in the preceding sections shall be transferred at
market prices and on the same credit terms as are granted to beneficiaries
of the reformed sector.
At the same time, a system of payments may be
established on the basis of a fixed price and long-term financing at low,
fixed interest rates not subject to interest capitalization.
Domestic credit
shall be supplemented with financing from international cooperation, for
which a special fund, financed from external resources, shall be
established for the purchase of land.
F. New legislation
Since the current agrarian legislation is haphazard, contradictory and
incomplete, the Parties agree that it must be harmonized and unified into
an agrarian code.
To this end, the Government shall submit the relevant
draft legislation to the Legislative Assembly no later than 12 months after
the signing of this Agreement.
If it fails to do so, COPAZ shall take on the
task of preparing the corresponding preliminary draft.
3. Lands within conflict zones
A. The land-tenure system in conflict zones
In accordance with the New York Agreement, the current land-tenure
situation in conflict zones shall be respected until a satisfactory legal
solution for the definitive land-tenure system is arrived at.
Consequently,
landholders shall not be evicted pending agreement on such a solution;
moreover, they shall be given financial support to increase agricultural
production.
In view of the irregularity of the land-tenure system in conflict zones, the
Parties agree on the following:
B. Determination as to who are the "current landholders"
"Landholders" shall mean those currently occupying and/or working the
land in conflict zones.
C. Inventory of cases covered by this part of the Agreement
Within 30 days from the signing of the Agreement, FMLN shall submit an
inventory of land or buildings affected by the Agreement.
Upon
verification that such land or buildings are in fact subject to the provisions
of this Agreement, and in accordance with the procedure set forth in the
next section, the Government of El Salvador shall seek to provide a
satisfactory legal solution for their final disposal through the voluntary
sale of such property by the rightful owners to the current holders, on the
terms referred to in section 3 (F) of this chapter.
Should a rightful owner not wish to sell his property, the Government of
El Salvador shall make use of the legal mechanisms at its disposal to try to
resettle the peasants or small farmers on such land as may be available for
the purpose and shall, as far as possible, seek to ensure that such land is
situated in the same zones.
D. Establishment of a Special Commission
COPAZ shall appoint a special commission whose members shall be of
recognized integrity and ability.
The special commission, to be formed
within 20 days following the signing of this Agreement, shall be entrusted
with the following tasks and duties:
a. To verify the inventory of affected land or buildings within conflict
zones.
Once the inventory has been verified, the special
commission shall submit copies to the Government of El Salvador
and to COPAZ;
b. Should the need arise, to facilitate the settlement of disputes
between current holders and rightful owners;
c. To take any decisions and measures it deems necessary and proper
for the prompt and effective fulfilment of the agreements set forth
in this chapter.
E. Legalization of land tenure
Except for particularly complex cases, the Government of El Salvador
shall legalize the land-tenure situation in conflict zones definitively within
six months from the signing of the cease-fire agreement, granting, as
appropriate, individual or collective title to the land.
F. Payment for lands
Lands shall be purchased from their former owners at market prices.
The
sale to the current holders shall be subject to the same conditions as those
granted to beneficiaries of the reformed sector.
However, special
conditions may be agreed to in the interests of the peace process.
G. Verification by COPAZ
COPAZ shall guarantee fulfilment of the agreements set forth in sections 2
and 3.
4. 3 July 1991 agreement on occupied lands
The agreement on occupied lands between the Government of El Salvador and peasant
organizations shall be respected.
With regard to lands occupied illegally after the date of that agreement, the Government
of El Salvador gives notice that it reserves the right to enforce the relevant legal
provisions so as to ensure that the rule of law prevails.
FMLN holds that the agrarian
problem, including land occupations, should be dealt with through consultation and the
channels and mechanisms provided by the peace agreements.
5. Loans to the agricultural sector and to micro- and small-scale enterprise
A. Loans to the sector as a whole
The Government of El Salvador shall see to it that the national financial
system has the resources it needs to meet the demand for credit of the
agricultural sector in general and of micro- and small-scale enterprise and
small-scale peasant production, including cooperatives in the reformed
and the non-reformed sector, in particular.
It shall also establish rules governing loans for agricultural and industrial
production so that such loans are granted in a timely manner and in
amounts sufficient to sustain productive capacity and the marketing of the
goods produced.
To that end, it shall promote an increase in loans by the
commercial banking system to small businessmen and small-scale
enterprises.
B. Active involvement of target sectors
The Government also undertakes to permit and promote the active
involvement of target sectors in both the design and the administration of
special credit programmes for those sectors.
To that end, the Government
undertakes to increase the participation of organizations representing the
sectors referred to in the preceding section in developing policies of the
Agricultural Guarantee Fund, FIGAPE, FEDECREDITO and BFA, and to
ensure that the financial position of these institutions remains sound and
that they become conduits for channelling external resources into loans for
micro- and small-scale enterprise, small-scale peasant production and
cooperatives in both the reformed and the non-reformed sector.
C. Technical assistance
The Government of El Salvador shall design and promote new
programmes of technical assistance to help increase the productivity of
peasant farmers and smallholders, especially in conflict zones.
D. International cooperation for the agricultural sector
Given the increase in the demand for agricultural credit that will follow
the signing of the Peace Agreement, the Government of El Salvador
undertakes to seek additional external resources to cover the new needs of
the sector.
In this connection, the Government shall seek external financial
resources to increase the operations of the Agricultural Guarantee Fund as
a mechanism for facilitating lending to small- and medium-sized farmers
and their cooperatives, without adversely affecting the financial health of
lending institutions.
6. Measures to alleviate the social cost of structural adjustment programmes
A. Consumer protection
The Government of El Salvador undertakes to adopt policies and create
effective mechanisms for consumer protection in accordance with the
requirements set out in the last part of article 101, paragraph 2, of the
Constitution.
In order to comply with this constitutional requirement, the
Government undertakes to submit to the Legislative Assembly, within 60
days from the signing of this Agreement, a consumer protection bill
providing for the strengthening of the Ministry of Economic Affairs,
which could be a first step towards the establishment of an Office of
Consumer Protection Advocate (Procuraduría General de Defensa del
Consumidor).
B. Privatization
The policy of privatization shall increase society's share of ownership by
affording workers access to ownership of privatized companies.
It shall
also avoid monopolistic practices, while guaranteeing business freedom
and consumer protection, in accordance with the provisions of article 110
of the Constitution.
C. Social welfare programmes
The Government of El Salvador shall seek to strengthen existing social
welfare programmes designed to alleviate extreme poverty.
Additional
external resources shall be sought for this purpose.
7. Procedures for direct external cooperation for community development and assistance
projects
The Government of El Salvador shall facilitate private direct external cooperation for
community development and assistance projects, provided that assistance is channelled in
accordance with foreign exchange and lending regulations.
Official direct external
cooperation may also be approved, subject to the provision of the requisite information
on the purposes of such cooperation.
The Government shall grant legal and institutional facilities to private sources of direct
external cooperation benefiting communities, social organizations and national nongovernmental
organizations:
it shall not discriminate among the latter, provided that it is
ascertained that they are engaged in or wish to engage in integrated development projects.
Former combatants of both Parties shall have access to external cooperation funds.
8. Forum for economic and social consultation
A. Purpose of the Forum
A forum shall be established in which representatives of the Government,
labour and the business community shall participate on an equal footing
for the purpose of working out a set of broad agreements on the economic
and social development of the country for the benefit of all its inhabitants.
The consultation process shall be a sustained effort and shall be conducted
in phases, bearing in mind that the aim is to reach some agreements that
are to be implemented immediately to achieve stabilization, others that are
designed to tackle the economic and social problems that will ensue from
the end of the conflict and still others that are geared specifically to
reconstruction.
Among other things, the Government shall propose to the Forum for
Economic and Social Consultation that existing labour legislation be
revised in order to promote and maintain a climate of harmonious labour
relations, without prejudice to the unemployed and the public at large.
It
shall also propose that the situation of disadvantaged urban and outlying
urban communities be analysed with a view to proposing solutions to
problems resulting from the armed conflict of recent years.
In general
terms, the Forum shall be the mechanism for agreeing on measures to
alleviate the social cost of the structural adjustment programme.
B. Establishment of the Forum
COPAZ shall convene the Forum for Economic and Social Consultation
for the first time no later than one month after the signing of this
Agreement.
C. Composition of and representation in the Forum
The composition of the Forum and the representation in it of the various
sectors and the Government shall be as follows:
a. The Government of El Salvador shall be represented at a high
level, its representatives being empowered to take decisions on
economic and social matters;
b. The most representative labour and business organizations shall be
invited to represent those sectors.
In addition, the Forum may invite other social and political sectors
to participate in its work as observers, on terms to be determined
by it.
D. Powers of the Forum
The Forum shall determine its own operational structure and the issues for
discussion and consultations.
The sectors represented in the Forum shall
have equal rights and shall enjoy equal opportunities for expressing their
views.
In order to guarantee the effectiveness of the agreements reached by the
Forum by consensus, the Government undertakes to issue, amend or repeal
decrees or provisions within its sphere of competence and to submit
relevant proposals to the other organs of State.
E. Secretariat of the Forum
The Forum shall appoint a secretariat to provide it with technical support
and ensure the continuity of its work.
9. National Reconstruction Plan
Within 30 days from the signing of the agreement on the cessation of the armed conflict,
the Government of El Salvador shall submit to FMLN the National Reconstruction Plan
which it has drawn up, so that the recommendations and suggestions of FMLN, like those
of the various sectors of national life, may be taken into account, ensuring that the Plan
reflects the country's collective wishes.
The main objectives of the Plan shall be the integrated development of zones affected by
the conflict, satisfaction of the most immediate needs of the population hardest hit by the
conflict and of former combatants of both Parties, and the reconstruction of damaged
infrastructure.
In particular, in the context of the corresponding national programmes,
measures shall be taken to facilitate the reintegration of FMLN into the country's civil,
institutional and political life, including fellowship, employment and pension
programmes, housing programmes and programmes for starting up new businesses.
The Plan shall pay special attention to the need to promote job creation on a massive
scale and to increase the production of basic foodstuffs, which shall be a priority for the
State.
To that end, the Government shall promote the integrated development of
agricultural, stockbreeding, fisheries, forestry and agro-industrial activities, guarantee the
provision of basic social services and launch the construction and rehabilitation of
economic and social infrastructures.
The National Reconstruction Plan shall also include
programmes for the war-disabled and the relatives of victims among the civilian
population.
Given the magnitude of the additional resources that will be required for the
implementation of the Plan, both Parties appeal to the international community to lend its
fullest support to the fund-raising effort.
To this end, a national reconstruction fund shall
be established, to be supported by the United Nations Development Programme.
The role of UNDP shall include advising the Government on all matters relating to the
mobilization of external support, assisting in the preparation of projects and programmes
likely to attract such support, facilitating approaches to official bilateral and multilateral
agencies, mobilizing technical assistance and cooperating with the Government in
harmonizing the Plan with the activities of non-governmental organizations involved in
local and regional development activities.
Chapter VI
Political Participation by FMLN
The following agreements have been reached concerning political participation by
FMLN, and shall be subject to the implementation timetable contained in this Agreement:
1. Adoption of legislative or other measures needed to guarantee former
FMLN combatants the full exercise of their civil and political rights, with
a view to their reintegration, within a framework of full legality, into the
civil, political, and institutional life of the country.
2. Freedom for all political prisoners.
3. Full guarantees and security for the return of exiles, war-wounded and
other persons currently outside the country for reasons related to the
armed conflict.
4. Granting of licences for FMLN mass media.
5. Cessation of the armed conflict implies the commitment and the right of
FMLN to full political participation, without any restrictions other than
those deriving from the new institutional and legal framework established
by the agreements reached during the negotiations.
6. Legalization of FMLN as a political party, through the adoption of a
legislative decree to that end.
7. Guarantee that FMLN will be able to conduct its activities normally when
it becomes a political party, meaning:
a. Freedom to canvass for new members;
b. The right to set up an appropriate infrastructure (premises, printing
works, etc.);
c. Free exercise of the right of assembly and mobilization for FMLN
leaders, activists and members;
d. Freedom for FMLN to purchase and use advertising space in the
mass media.
8. Legal solution to the participation of FMLN members in COPAZ, once the
latter formalizes its existence.
9. Special security measures
Immediately after the signing of this Agreement, special security measures
shall be taken to protect any FMLN leaders who may require such
protection.
The aforesaid measures, which may include their being
accompanied by diplomatic personnel and also technical support from
friendly Governments, shall offer all the facilities required for FMLN
leaders to be able to organize their own security in accordance with the
law. COPAZ shall supervise the arrangements agreed to herein and shall,
if necessary, promote the adoption of the relevant legislative or other
provisions to ensure that such security measures are fully effective and
properly established.
As part of its responsibility for the security of FMLN
leaders, the Government of El Salvador shall provide the necessary
facilities for implementing the agreed arrangements.
ONUSAL shall
verify the adoption of the above measures.
Chapter VII
Cessation of the Armed Conflict
1. The cessation of the armed conflict (hereinafter referred to as the CAC) is a brief,
dynamic and irreversible process of predetermined duration which must be implemented
throughout the national territory of El Salvador.
During the CAC, there shall be no
substantive negotiations but only the measures necessary to put into practice the
agreements reached during the negotiating process.
2. The CAC shall begin on 1 February 1992 (hereinafter referred to as D-Day) and shall
be completed on 31 October 1992.
3. The CAC consists of four elements, as defined herein:
a. The cease-fire;
b. The separation of forces;
c. The end of the military structure of FMLN and the reintegration of its
members, within a framework of full legality, into the civil, political and
institutional life of the country;
d. United Nations verification of all the abovementioned activities.
This chapter also includes agreements on the restoration of public administration in
conflict zones and the use of the mass media to promote reconciliation (see annexes E
and F).
The cease-fire
4. The cease-fire shall enter into force officially on D-Day.
5. As of that date, each of the parties shall, as appropriate, refrain from carrying out any
hostile act or operation by means of forces or individuals under its control, meaning that
neither party shall carry out any kind of attack by land, sea or air, organize patrols or
offensive manoeuvres, occupy new positions, lay mines, interfere with military
communications or carry out any kind of reconnaissance operations, acts of sabotage or
any other military activity which, in the opinion of ONUSAL, might violate the ceasefire,
or any act that infringes the rights of the civilian population.
6. Official verification of compliance with the undertaking described in the preceding
paragraph shall begin on D-Day.
Any alleged violation of the cease-fire shall be
investigated by ONUSAL.
7. During the period between the signing of this Agreement and D-Day, the two parties
shall observe an informal cease-fire under which they undertake not to carry out any of
the activities described in paragraph 5.
8. ONUSAL shall deploy its personnel and equipment during the informal cease-fire
period, so as to be able to verify all aspects of the CAC as of D-Day.
Separation of forces
9. The purpose of the separation of forces is to reduce the risk of incidents, to build trust
and to allow ONUSAL to verify both parties' compliance with this Agreement.
10. The separation of forces shall take place in two stages, so that the Salvadorian armed
forces (FAES) fall back progressively from their present positions until deployed as they
would normally be in peacetime and the FMLN forces are concentrated progressively in
designated locations within conflict areas as determined in annex D.
11. During the first stage, which shall coincide with the five days following D-Day,
FAES land forces shall go to the barracks, bases, existing semi-permanent facilities and
other locations listed in annex A and FMLN forces, except for the combatants mentioned
in paragraph 18, shall go to the places listed in annex B. The places listed in annexes A
and B generally reflect the present deployment of the two parties' forces.
12. The movements described in the preceding paragraph shall be made under the
supervision of ONUSAL.
Neither party shall do anything to prevent or jeopardize the
movement of the other party's forces during this period.
ONUSAL military observers
shall closely supervise all the places listed in annexes A and B and shall in principle be
present 24 hours a day in each of those places as of D-Day.
13. During the period between D-Day + 6 days and D-Day + 30 days, FAES land forces
shall fall back to their peacetime positions as listed in annex C and FMLN forces, except
for the combatants mentioned in paragraph 18, shall fall back to the locations indicated in
annex D. The precise designation of such locations shall be determined by the ONUSAL
Chief Military Observer, in consultation with the two parties, during the informal ceasefire
period.
14. The movements described in the preceding paragraph, which shall also be supervised
by ONUSAL, shall be carried out according to phased programmes agreed between the
ONUSAL Chief Military Observer and the two parties during the informal cease-fire
period, through the joint working group to which reference is made in paragraph 32.
During this task, the group shall be guided as appropriate by the agreed timetable for the
implementation of the agreements reached.
15. As soon as possible after the signing of this Agreement but no later than two weeks
before D-Day, the FAES shall transmit to the ONUSAL Chief Military Observer detailed
information on the number of their troops and weapons to be concentrated in the places
listed in annex A.
16. As soon as possible after the signing of this Agreement but no later than two weeks
before D-Day, FMLN shall supply the ONUSAL Chief Military Observer with detailed
information on its troop strength and inventories of arms, ammunition, mines, other
explosives and military equipment located anywhere within the national territory.
These
arms, etc.
shall be concentrated in the places listed in annex B, with the exception of
those of its clandestine forces, which shall be concentrated in the places listed in annex D
during the second stage of the separation of forces.
17. Upon completion of the first stage of the separation of forces, that is, as of D-Day + 6,
ONUSAL shall verify that all troops and military equipment declared by the parties, other
than the arms, etc.
referred to in the last sentence of the preceding paragraph, have been
concentrated in the locations listed in annexes A and B. ONUSAL shall investigate any
report or allegation of the presence of troops or military equipment in any place other
than those locations, apart from the movements authorized in paragraphs 20-22.
18. The arrangements just described relate to FAES land forces and FMLN forces as
defined in paragraph 11.
Although it is not possible, for practical reasons, to arrange a
similar separation of clandestine forces, the latter shall remain fully subject to the
undertaking to refrain from carrying out any hostile act or operation.
As provided in
paragraph 6, any alleged violation of this undertaking shall be investigated by ONUSAL.
19. As of D-Day, the naval and air force components of the FAES shall refrain from
carrying out any offensive operation.
They shall carry out only such non-hostile missions
as are necessary for the discharge of their duties unrelated to the armed conflict.
ONUSAL shall be advised in advance of all military flight plans.
Such flights shall not be
carried out over places where FMLN forces have been concentrated.
20. During the CAC period, ONUSAL liaison officers shall be posted in FAES units,
bases and barracks to coordinate in advance the movements of FAES forces throughout
the national territory and to verify that such movements will neither violate the cease-fire
nor jeopardize in any other way the process of implementing this Agreement.
21. With special reference to FAES forces deployed near places where there are FMLN
forces, in other words, those listed in appendix 1 to annex A and those listed in appendix
1 to annex C, the Government agrees that such forces shall be authorized to leave their
locations only with the consent of ONUSAL and for the following purposes:
a. To carry out troop rotations and relief;
b. To carry out liaison and coordination activities between commands at
battalion level and above;
c. To deliver logistical supplies;
d. To take part in programmes for the deactivation, removal and destruction
of mines;
e. To go on leave or seek medical care or for other humanitarian reasons,
individually, in civilian clothing and unarmed.
However, ONUSAL shall not grant permission for any movement, even in the above
cases, if it believes that such movement could jeopardize the cease-fire or other aspects of
this Agreement or disturb the process of détente and reconciliation.
Forces that leave their
locations for the purposes listed in paragraphs (a), (b), (c) and (d) shall be accompanied
by ONUSAL, which shall verify that such movements are in keeping with this
Agreement.
22. Similarly, during the CAC period ONUSAL liaison officers shall be posted in the
listed locations where FMLN forces are to be concentrated in order to coordinate
movements by those forces.
FMLN agrees that its forces may leave the locations in
question only with the consent of ONUSAL and for the following purposes:
a. To carry out liaison and coordination activities between its high command
and the commands of the forces stationed at the various locations
indicated;
b. To supply provisions, clothing or vital necessities;
c. To take part in programmes for the deactivation, removal and destruction
of mines;
d. To go on leave or seek medical care or for other humanitarian reasons,
individually, in civilian clothing and unarmed.
However, ONUSAL shall not grant permission for any movement, even in the above
cases, if it believes that such movement could jeopardize the cease-fire or other aspects of
this Agreement or disturb the process of détente and reconciliation.
Forces that leave their
locations for the purposes listed in paragraphs (a), (b) and (c) shall be accompanied by
ONUSAL, which shall verify that such movements are in keeping with this Agreement.
23. ONUSAL shall verify that the supplies delivered to each party do not include lethal
articles.
However, the FAES shall be allowed to maintain stocks of ammunition normal
for peacetime.
The mechanisms for such verification shall be established by the
ONUSAL Chief Military Observer in consultation with the two parties.
24. During the cease-fire, COPAZ shall systematically evaluate the progress being made
in implementing the Agreements.
If it notes that a situation is developing which might
result in a crisis, it shall draw such conclusions and make such recommendations as may
be necessary to prevent a collapse of the cease-fire or a crisis of public order.
It shall
transmit its conclusions and recommendations to the Chief of ONUSAL.
25. Should a public order crisis occur despite the above provisions and if the normal
means for the maintenance of domestic peace and public security have been exhausted,
with the result that the President of the Republic deems it necessary to make use of the
exceptional measures provided for in the amendment to article 168 (12) of the
Constitution adopted in April 1991, the President shall, before giving the relevant order,
inform the Chief of ONUSAL to enable him to make any appropriate remarks.
The
actions of the FAES under such circumstances shall be monitored closely by ONUSAL to
ensure that they are consistent with all the peace Agreements.
End of the military structure of FMLN and reintegration of its members, within a
framework of full legality, into the civil, institutional and political life of the country
26. Between D-Day + 6 and D-Day + 30, according to the phased programmes referred to
in paragraph 14, FMLN shall concentrate in the 15 designated locations listed in annex D
all arms, ammunition, mines, other explosives and military equipment belonging to its
forces, both those concentrated during the first stage in the places listed in annex B and
those belonging to its clandestine forces, and ONUSAL shall verify that they tally with
the information given in the inventories it has received in accordance with paragraph 16.
27. In each of the 15 designated locations, all the arms and equipment mentioned above,
save for the personal weapons and equipment of combatants present in the place, shall be
kept in locked warehouses.
Each warehouse shall have two locks, one key to which shall
be kept by ONUSAL and the other by the FMLN commander in the place.
ONUSAL
shall verify the contents of such warehouses periodically to ensure that there has been no
change in them.
28. During the CAC period, FMLN members shall keep their personal weapons and
equipment as long as they remain in the designated locations.
When they leave those
places in order to be reintegrated, within a framework of full legality, into the civil,
political and institutional life of the country, their personal weapons shall also be
deposited in the locked warehouses referred to in the preceding paragraph.
Combatants
who are still in the designated locations when the programme for the destruction of arms,
etc. provided for in the next paragraph begins, shall deposit their personal weapons and
equipment in the locked warehouses, for verification by ONUSAL, immediately prior to
their destruction according to a programme agreed with ONUSAL.
29. Between 15 and 31 October 1992, FMLN shall destroy all arms and equipment
deposited in designated locations according to the arrangement described above, in the
presence and under the sole supervision of ONUSAL and with its technical advice.
Such
destruction shall be carried out simultaneously in all 15 places designated for FMLN.
FMLN shall dispose of the remains of the destroyed weapons.
United Nations verification
30. The numbers of ONUSAL military and civilian personnel shall be increased to enable
it to fulfil its tasks related to the agreed processes, as described in this Agreement.
31. The Secretary-General shall request the Security Council to approve this increase in
the mandate and personnel of ONUSAL.
He shall also request the General Assembly to
provide the necessary funding from the budget.
The composition by country of the
military component of ONUSAL and the appointment of the commander of its military
division shall be decided by the Security Council on the recommendation of the
Secretary-General, who shall first consult with the two parties.
In order to fulfil its new
tasks effectively, ONUSAL will require, as in the other aspects of its mandate, complete
freedom of movement throughout the territory of El Salvador.
32. To facilitate the application of this Agreement, a joint working group shall be set up
immediately after the Agreement has been signed.
The working group shall consist of the
ONUSAL Chief Military Observer, as Chairman, and one representative from each of the
parties.
The members of the working group may be accompanied by the necessary
advisers.
The Chairman of the working group shall convene its meetings on his own
initiative or at the request of either or both of the parties.
Chapter VIII
United Nations Verification
1. The United Nations shall verify compliance with this Agreement and with
the San José, Mexico City and New York Agreements of 26 July 1990, 27
April 1991 and 25 September 1991, respectively, with the cooperation of
the Parties and of the authorities whose duty it is to enforce them.
2. The international cooperation referred to in this Agreement shall be
coordinated by the United Nations and shall be subject to a formal
application by the Government, compliance with official formalities and
the appropriate consultations.
Chapter IX
Implementation Timetable
1. Copaz
1.1 Submission to the Legislative Assembly of the preliminary bill formalizing
COPAZ:
A+8 at the latest.
1.2 Establishment:
D-day.
Armed Forces
2.1 Ratification of the constitutional reform
2.1.1 Ratification by the Legislative Assembly:
between A- and D-days.
2.1.2 Publication:
D + 15 at the latest.
2.2 Educational system
2.2.1 Determination of the number of members and submission by COPAZ of the lists of
three candidates for the appointment of civilian members of the Academic Council
of the Military College:
D+90.
2.2.2 Designation of the Academic Council of the Military College:
D+100 at the latest.
2.2.3 Designation of the teaching staff:
between D+120 and D+180.
2.2.4 Reforms in the educational system:
D+210 at the latest.
2.2.5 Determination of the admissions system by the Academic Council:
D+210 at the
latest.
2.3 Purification
2.3.1 Issuance of the agreement giving legal form to and formalizing the ad hoc
Commission:
A+5.
2.3.2 Establishment of the ad hoc Commission:
D+105.
2.3.3 Result of the evaluation:
D+195.
2.3.4 Corresponding administrative decisions:
D+225.
2.3.5 Implementation:
D+255.
2.4 Reduction
The Government of El Salvador has submitted to the Secretary-General of the
United Nations the timetable for implementing the reduction plan referred to in
section 4 of chapter I of this Agreement.
The Secretary-General has made the
timetable known to FMLN.
The United Nations shall verify compliance with that
timetable.
2.5 Public security forces:
abolition of the Treasury Police and the National Guard as
public security forces and transfer of their members to the army:
D+30.
2.6 State intelligence
2.6.1 Dissolution of the National Intelligence Department:
D+135 at the latest.
2.6.2 Creation of the State Intelligence Agency:
D+30 at the latest.
2.6.3 Designation of the Director:
D+45 at the latest.
2.6.4 Launching of the evaluation of NID staff:
D+60.
2.7 Rapid deployment infantry battalions (BIRI)
The following statement is made with regard to the rapid deployment infantry
battalions in the relevant part of the timetable for implementing the reduction plan
mentioned in paragraph 2.4 of this chapter:
"The demobilization of the BIRIs shall begin in the third week of the sixth month and
shall last four weeks.
Once the demobilization has begun, the battalions shall be
considered to have lost their offensive battle capability.
"The BIRIs shall be demobilized as detailed below:
6th month:
General Ramón Belloso BIRI
7th month:
Atonal BIRI
8th month:
Atlacatl BIRI
9th month:
General Eusebio Bracamonte BIRI
10th month:
General José Manuel Arce BIRI."
2.8 Paramilitary bodies
2.8.1 Civil defence
2.8.1.1 Registration and location:
D+60 at the latest.
2.8.1.2 Disarming:
D+120 at the latest.
2.8.1.3 Total disbanding:
D+150 at the latest.
2.8.2 System of armed forces reserves
2.8.2.1 Submission to the Legislative Assembly of the preliminary bill on
military service and armed forces reserves:
D+60 at the latest.
2.8.2.2 Promulgation of the law on the new system of military service and
armed forces reserves:
D+90 at the latest.
2.8.2.3 Replacement of territorial service by a new system of armed forces
reserves:
D+120 at the latest.
2.8.3 Private security services:
Submission of the preliminary bill to the Legislative
Assembly:
D+45 at the latest.
2.9 Suspension of forcible recruitment
2.9.1 Implementation of the suspension:
D-day.
2.9.2 Wide publicity in all the media, especially radio:
as of D-day.
2.9.3 Submission to the Legislative Assembly of the preliminary bill on military service
and armed forces reserves:
D+60 at the latest.
2.9.4 Promulgation of the law:
D+90.
2.10 Preventive and promotional measures
2.10.1 Organization of the Armed Forces General Inspectorate:
D+90 at the latest.
2.10.2 Functioning of the armed forces court of honour:
as of D+255.
2.10.3 Submission to the Legislative Assembly of the preliminary draft amendments to
the law on unlawful enrichment:
D+90.
2.10.4 Suspension of the issuance of licences to private individuals to bear weapons that
are for the exclusive use of the armed forces:
A-day.
2.10.5 Cancellation of licences for private individuals to bear weapons that are for the
exclusive use of the armed forces:
D+30 at the latest.
2.10.6 Recall of such weapons:
between D+30 and D+270.
2.10.7 Dissemination of the doctrine of the armed forces:
as of D+30.
2.10.8 Adaptation of the legislation on the armed forces:
between D-day and D+270.
3. National Civil Police
3.1 Submission to the Legislative Assembly of the preliminary bill organizing the
National Civil Police:
D+20.
3.2 Submission to the Legislative Assembly of the preliminary bill organizing the
National Public Security Academy:
between A- and D-days.
3.3 Appointment of the Coordinator:
before D-day.
3.4 Submission by COPAZ of the list of three candidates for the post of Director-
General of the National Civil Police:
D+20 at the latest.
3.5 Appointment of the Director-General of the National Civil Police:
D+30 at the
latest.
3.6 Submission by COPAZ of the list of three candidates for the post of Director-
General of the National Public Security Academy:
D+5.
3.7 Determination of the number of members and submission by COPAZ of the lists of
three candidates for appointments to the Academic Council of the National Public
Security Academy:
D+5.
3.8 Appointments of the Director and of the members of the Academic Council of the
National Public Security Academy:
D + 15.
3.9 Designation of the COPAZ subcommission for the National Civil Police:
D-day at
the latest.
3.10 Design of the publicity campaign for recruitment:
D+10 at the latest.
3.11 Launching of the publicity campaign for recruitment:
D+15 at the latest.
3.12 Design of the aptitude test for former members of the National Police and former
FMLN combatants:
D+30 at the latest.
3.13 Organization of courses for this test:
D+45 at the latest.
3.14 Evaluation of former members of the National Police:
from D+30 until the end of
the transitional period.
3.15 Aptitude and skills test:
D+80 at the latest.
3.16 Introduction of the admissions system for the National Public Security Academy:
D+80 at the latest.
3.17 Formation of boards of examiners:
D+60 at the latest.
3.18 Admission of the first group of candidates:
D+90 at the latest.
3.19 Start of courses at the National Public Security Academy:
D+90 at the latest.4
3.20 Establishment of the entire functional structure of the National Civil Police:
D+240.
3.21 Elimination of structures incompatible with the Finance Division of the National
Civil Police:
D+240.
3.22 Launching of the territorial deployment of the National Civil Police:
D+270 at the
latest.
3.23 Completion of the territorial deployment of the National Civil Police:
21 months
from the start of territorial deployment.
3.24 End of the transitional regime for the National Civil Police and of the functions of
the National Police:
2 years after the start of territorial deployment.
3.25 Expiry of the possible requirement to live in barracks:
31 December 1992.
4. Judicial System
4.1 National Council of the Judiciary:
4.1.1 Submission to the Legislative Assembly of the preliminary draft
amendments to the law:
D+60 at the latest.
4.1.2 Adoption of the new law:
D+90.
4.1.3 Election and establishment:
at the latest, +90 after the adoption of the
new law.
4.2 Judicial Training School:
at the latest, +180 after the establishment of the National
Council of the Judiciary.
4.3 Formation of lists of candidates for the National Council of the Judiciary:
April
1994.
4.4 Judicial career:
submission to the Legislative Assembly of a preliminary draft for
legal reform:
D+90 at the latest.
4.5 Military jurisdiction:
submission to the Legislative Assembly of a preliminary draft
for legal reform:
D+90 at the latest.
4.6 Office of the National Counsel for the Defence of Human Rights:
4.6.1 Submission to the Legislative Assembly of a preliminary draft organic
law: D+60 at the latest.
4.6.2 Designation of the National Counsel:
D+30 at the latest.
5. Electoral System
5.1 Designation of the Supreme Electoral Tribunal:
D+15 at the latest.
5.2 Designation by COPAZ of the Special Commission:
D+15 at the latest.
5.3 Legal reform:
D+120 at the latest.
5.4 Full implementation of the right of legally registered parties to monitor the
preparation, organization, publication and updating of the electoral rolls:
one year
before the elections, at the latest.
5.5 Publication of the register of electors:
at least 20 days before the elections.
6. Economic and Social Questions
6.1 Submission by FMLN of the inventory of affected land or buildings within conflict
zones:
A+30.
6.2 Designation by COPAZ of a special commission:
A+20 at the latest.
6.3 Legalization of land tenure in conflict zones:
A+180 at the latest.
6.4 Submission to the Legislative Assembly of the preliminary consumer protection
bill:
A+60 at the latest.
6.5 Convening by COPAZ of the Economic and Social Forum:
A+30 at the latest.
6.6 Submission of the National Reconstruction Plan by the Government of El Salvador
to FMLN:
A+30 at the latest.
6.7 Establishment of the Reconstruction Fund:
D+60 at the latest.
6.8 Start of implementation of the agreements on loans to the agricultural sector and
for micro- and small-scale enterprise:
as of D+120.
6.9 Start of the transfer of lands in excess of 245 hectares, as of D-day.
6.10 Starting date for requests for State land by former combatants of both Parties:
D+60.
6.11 Start of the preferential transfer of land by the State to former combatants of both
Parties who have so requested and who are of peasant origin and familiar with
farming, and possess no land of any kind:
D+90.
6.12 Submission to the Legislative Assembly of the preliminary draft agrarian code:
A+12 months at the latest.
6.13 Implementation of agreements on privatization and social welfare:
as of A.
6.14 Implementation of agreements on external cooperation:
as of D-Day.
6.15 Implementation of programmes to facilitate the integration of former FMLN
combatants:
before D+60.
7. Political Participation by FMLN
7.1 Adoption of legislative or other measures to guarantee former FMLN combatants
the full exercise of their rights:
between A and D. 5
7.2 Arrangements for the security of FMLN leaders and FMLN participants in COPAZ
and other commissions:
between A and D.
7.3 Release of political prisoners:
D+30.
7.4 Promotion of the legislative decree for the legalization of FMLN as a political
party:
as of D+90.
7.5 Granting of licences for mass media:
as of D+30.
7.6 Full guarantees and security for returnees:
as of D+40.
8. Cessation of the Armed Conflict
8.1 Informal cessation of the armed conflict:
between A and D.
8.2 Establishment of the Joint Working Group:
A-day.
8.3 Launching of the reconciliation campaign:
A+1.
8.4 Transmittal by the Salvadorian armed forces to ONUSAL of detailed information
on the number of their troops and weapons to be concentrated in the places listed in
annex A:
D-7 at the latest.
8.5 Provision by FMLN to ONUSAL of detailed information on its troop strength and
inventories of arms, ammunition, mines, other explosives and military equipment
located anywhere in the national territory, and its plans for concentrating them in
the places listed in annex B:
D-7 at the latest.
8.6 Precise designation of the places to which the Salvadorian armed forces and
FMLN are to fall back:
between A and D.
8.7 First stage of the separation of forces:
between D and D+5.
8.8 Second stage of the separation of forces:
between D+5 and D+30.
8.9 Concentration by FMLN in each of the 15 designated locations, under ONUSAL
supervision, of all FMLN arms, ammunition, mines, explosives and military
equipment, including those belonging to its clandestine forces, pursuant to
paragraph 26 of chapter VII (Cessation of the Armed Conflict): between D+6 and
D+30.
8.10 Monitoring by ONUSAL of all FMLN arms, ammunition, mines, explosives and
military equipment, including those belonging to its clandestine forces, pursuant to
paragraphs 27 and 28 of chapter VII (Cessation of the Armed Conflict): as of
D+30.
8.11 Reintegration of former FMLN combatants, within a framework of full legality,
into the civil, political and institutional life of the country:
8.11.1 D+90:
No less than 20 per cent.
8.11.2 D+120:
No less than 40 per cent.
8.11.3 D+180:
No less than 60 per cent.
8.11.4 D+240:
No less than 80 per cent.
8.11.5 31 October 1992:
100 per cent.
8.12 End of the military structure of FMLN:
between 15 October 1992 and 31 October
1992.
Final Provision
The time allotted for implementing any agreements not included in this timetable,
and any adjustments to the above timetable that may be required, for any reason,
shall be decided by ONUSAL in consultation with the Parties.
Final Declaration
The Parties express their firm determination to observe scrupulously and to fulfil in
good faith all the undertakings given in this Agreement and in the other agreements
reached during the negotiating process, under the terms and through the
mechanisms provided for therein, and to cooperate with ONUSAL in its task of
verifying compliance with such agreements.
The Government of El Salvador
solemnly undertakes to work actively for the adoption of the agreed legislative
reforms in time for them to be promulgated on the envisaged dates.
Mexico City, 16 January 1992
Representing the Government of El Salvador:
Representing the Frente Farabundo Martí
para la Liberación Nacional:
(Signed) (Signed)
Mr. Oscar SANTAMARÍA Cmdr.
Schafik HÁNDAL
Col. Juan MARTÍNEZ VARELA Cmdr.
Francisco JOVEL
Gen. Mauricio Ernesto VARGAS Cmdr.
Salvador SÁNCHEZ CERÉN
Mr. David Escobar GALINDO Cmdr.
Eduardo SANCHO
Mr. Abelardo TORRES Cmdr.
Joaquín VILLALOBOS
Mr. Rafael Hernán CONTRERAS Salvador SAMAYOA
Ana Guadalupe MARTÍNEZ
María Marta VALLADARES
Roberto CAÑAS
Dagoberto GUTIÉRREZ
(Signed) Boutros BOUTROS-GHALI
Secretary-General of the United Nations
4 Both Parties recognize that this is an ambitious goal which they pledge their
political will to achieving;
however, attaining this goal depends on the optimum
operation of all the national and international factors involved, which cannot be
assured at this time.
5 It is understood that these measures will take effect in time for members of FMLN
to be able to join COPAZ and other commissions without restrictions of any kind.
It
is also understood that these legislative and other measures are broadly conceived
and do not exclude any former FMLN combatants of any kind.
Consequently, they
include arrangements for obtaining documentation and do not discriminate against
any member of FMLN.
Annex I
Outline for the drafting of the act concerning the authorization, registration and
monitoring of security groups or units for protecting the property of the State,
corporations or individuals, and private security personnel
I. Preambular Paragraphs:
1. Refer to the relevant articles and subparagraphs of the Constitution
which may have a bearing on the purposes of the act.
2. Need to regulate, coordinate and integrate these functions, setting
up a body responsible for monitoring them.
3. Develop a suitable framework for regulating the functioning of
these types of groups, units and persons who provide security
services, in relation to their role in a democratic society.
II. Articles:
1. Purpose of the act.
2. Scope:
a. Any group, unit or person providing security services to
State institutions, other public or private institutions, and
individuals;
b. The following shall be regulated according to the type of
security provided:
1. The number and type of personnel;
2. The number and type of weapons, and equipment in
general;
3. Facilities for housing security personnel, training,
and also storing weapons, ammunition and
equipment.
c. Determination of mechanisms for the monitoring and
supervision of security groups, entities and personnel by
the National Civil Police, without prejudice to the
jurisdiction of other organs and officials authorized by the
Constitution or by the law;
d. Determination of the powers and responsibilities of the
monitoring body.
3. Establishment of the judicial and legal formalities for obtaining the
necessary authorization to provide security services regulated by
this act.
4. Establishment of the regime of powers granted to such groups,
units or persons for the discharge of their functions.
5. Determination of the monitoring mechanisms to be used by the
monitoring body and of the specific requirements to be fulfilled by
such groups, units or persons:
a. Registration of firms or individuals specifically providing
security services;
b. Special requirements to be fulfilled by persons responsible
for the organization and operation of such firms;
c. Registration of the personnel of security firms;
d. Requirements and conditions for the recruitment of
personnel by such firms, and conditions to be fulfilled by
persons providing security services individually, including
evidence of their respect for human rights;
e. Registration of facilities, weapons, ammunition and
equipment.
6. Prohibitions:
Prohibit the existence or the functioning of any private armed
groups which are not regulated and which do not fulfil the
requirements established by this act.
7. Request by the monitoring body to such firms, groups or persons
for information on the type of security to be developed for the
provision of such services.
8. Establishment of the requisite procedures to enable any individual
or legal entity to obtain authorization to hire security personnel.
9. Regulations for the establishment, functioning and monitoring of
private detective agencies.
10. Determination of compliance with any special registers which may
have been established by other laws with respect to certain
necessary weapons, equipment or supplies to be used by such firms
or groups.
11. Determination of the limits on personnel, weapons, ammunition,
equipment and matériel in general, according to the type of
security to be provided, and the proportions which must exist
among them.
12. Determination of the deadlines for fulfilling the requirements set
forth in this act.
13. Issuance by the monitoring body of whatever regulations and
instructions may be necessary for carrying out the activities
regulated by this act.
14. Establishment of various penalties for failure to comply with the
provisions of this act.
15. Establishment of a transitional regime laying down peremptory
deadlines for verifying that such entities and their personnel meet
the requirements established by law for performing such functions,
as a condition of their continuing to provide such services;
surrender of weapons, ammunition and equipment not authorized
under this act;
and harmonization of juridical procedures in this
area.
16. Establishment of an evaluation mechanism which will, within two
years from this agreement, give an opinion on the advisability of
continuing to authorize the functioning of the entities in question.
17. Repeal of any laws or provisions which conflict with this act.
Annex II
Preliminary bill organizing the National Civil Police
The Legislative Assembly of the Republic of El Salvador
Whereas
In accordance with paragraph 17 of article 168 of the Constitution, it is the responsibility
of the President of the Republic:
"To command, organize and maintain the National Civil
Police to preserve peace, tranquillity, order and public security, in both urban and rural
areas, adhering strictly to respect for human rights and under the control of civilian
authorities.
The National Civil Police and the armed forces shall be independent and shall
be placed under the authority of different ministries",
The establishment of the National Civil Police must be accompanied by an act organizing
and regulating it institutionally,
Hereby Decrees
Title I
General Provisions
Article 1
The National Civil Police of El Salvador shall have the mission of protecting and
safeguarding the free exercise of the rights and freedoms of individuals, preventing and
combating all types of crimes and maintaining internal peace, tranquillity, order and
public security throughout the national territory.
There shall be no other armed police body with national jurisdiction.
Article 2
The National Civil Police shall be an armed institution which is civilian and professional
in nature and is free from all partisan activity.
Its structure and organization shall be
hierarchical, under the supreme command of the President of the Republic, who shall
exercise such command through the Minister of the Interior and Public Security and the
Vice-Minister for Public Security.
Article 3
Under the authority of the Minister and of the Vice-Minister for Public Security, the dayto-
day command of the police shall be exercised by the Director-General of Police.
The
Director-General shall direct and monitor the implementation of the public security
policy formulated by the Government.
He shall also be the supreme administrative
authority of the National Civil Police.
The Director-General of Police shall be appointed by the President of the Republic.
He
may be dismissed by resolution of the Legislative Assembly for serious violations of
human rights, as provided in the Constitution.
Article 4
Under the authority of the Director-General, the General Inspectorate of Police shall be
responsible for monitoring and supervising the activities of the operational services of the
force.
The Inspector General shall be appointed by the Director-General, in consultation with
the Attorney-General of the Republic and the National Counsel for the Defence of
Human Rights.
The General Inspectorate shall comprise a Monitoring Division, which shall have the
function of monitoring all police services, and a Disciplinary Investigation Division,
which shall have the function of investigating breaches of discipline by police officers.
Article 5
The Director-General shall be assisted by a Deputy Director-General for Operations and a
Deputy Director-General for Management.
The Deputy Director-General for Operations shall be responsible for implementing and
coordinating the activities of central divisions and departmental police delegations.
The Deputy Director-General for Management shall be responsible for implementing and
coordinating the administrative and logistical support activities of the police.
Article 6
The National Civil Police shall have the following central divisions:
Public Security;
Criminal Investigation;
Frontiers;
Finance;
Arms and Explosives;
Protection of Eminent
Persons;
Environment;
and others to be established by order of the President of the
Republic.
Chiefs of division shall be appointed by the Director-General of Police, on the
proposal of the Deputy Director-General for Operations.
In the case of the Chief of the
Criminal Investigation Division, prior consultation shall also be required with the
President of the Judiciary and the Attorney-General of the Republic.
In the case of the
Chief of the Finance Division, the prior approval of the Minister of Finance shall be
required.
Article 7
The Public Security Division shall be responsible for the maintenance of tranquillity,
order and public security.
Article 8
Under the functional control of the Attorney-General of the Republic, the Criminal
Investigation Division shall be responsible for investigating criminal acts and gathering
evidence to identify the perpetrators of such acts.
It shall also carry out investigations and
other activities within its field of competence as required by the Attorney-General of the
Republic, judges and courts.
Article 9
The Frontiers Division shall be responsible for monitoring and supervising the admission,
departure, activities and, where necessary, expulsion of aliens and the migration of
nationals and for the monitoring and supervision of public and private national airports,
without prejudice to the constitutional duty of the armed forces to defend the integrity of
the territory of the State.
Article 10
Under the functional control of the Ministry of Finance, the Finance Division shall be
responsible for preventing and combating infringements of tax law, without prejudice to
the fiscal oversight or other functions performed by that Ministry, for which it shall serve
as police support organ.
It shall have two departments:
customs and taxes.
The Finance Division shall be the only police organ with competence in the areas of
customs and taxes.
Consequently, following its entry into operation, all provisions and
structures incompatible with this principle shall cease to exist.
Article 11
The Arms and Explosives Division shall be responsible for preventing and combating
infringements of the constitutional and legal regime on the manufacture, import, export,
trading, possession and bearing of weapons, ammunition, explosives and similar articles.
Article 12
The Division for the Protection of Eminent Persons shall be responsible for protecting
and escorting senior State officials;
foreign dignitaries visiting the country;
and other
persons on the basis of decisions of the Government or of the courts;
and for guarding
public buildings and the offices of diplomatic missions or international organizations.
Article 13
Under the functional control of the Ministry of Agriculture and Livestock, the
Environment Division shall be responsible for preventing and combating crimes and
misdemeanours against the environment.
Article 14
There shall be one police delegation per department and one metropolitan delegation for
the city of San Salvador, to which all police units of the corresponding district shall
report.
The organizational structure of delegations shall be adapted to the needs and
characteristics of each department.
Chiefs of delegations shall be appointed by the Director-General of Police on the
proposal of the Deputy Director-General for Operations, who shall be their direct
supervisor.
The headquarters of delegations shall be located in departmental capitals.
Within each delegation, there shall be subdelegations and police posts as required for
local needs.
Article 15
The Office of the Deputy Director-General for Management shall be responsible for
implementing and coordinating the administrative and logistical support activities of the
police.
It shall consist of the following divisions:
Infrastructure Division;
Data-
Processing Division;
Administration Division;
Logistics Division;
Planning and Budget
Division;
and others to be established by order of the President of the Republic.
Chiefs of
division shall be appointed by the Director-General of Police, on the proposal of the
Deputy Director-General for Management.
Article 16
Ordinary courts shall be competent to try crimes committed against members of the
National Civil Police, as well as crimes committed by them, even in the exercise of their
functions.
Title II
Functions of the Police
Article 17
The functions of the National Civil Police shall be to:
1. Protect and safeguard the free exercise of the rights and freedoms of
citizens throughout the national territory.
2. Maintain internal peace, tranquillity, order and public security.
3. Prevent and combat all types of crimes.
4. Make arrests in the cases provided by law.
5. Monitor and supervise the admission, departure, activities and expulsion
of aliens and the migration of nationals and monitor and supervise public
and private national airports, without prejudice to the constitutional duty
of the armed forces to defend the integrity of the territory of the State.
6. Prevent and combat infringements of tax law, under the terms set out in
article 10.
7. Grant protection to persons and property throughout the national territory,
under the terms set out in article 12.
8. Prevent and combat infringements of the constitutional and legal regime
on the manufacture, import, export, trading, possession and bearing of
weapons, ammunition, explosives and similar articles.
9. Monitor private security entities or services.
10. Oversee passenger and goods traffic on public thoroughfares and ensure
the safety of the roads.
11. Safeguard all land, sea and air communication routes from frontiers, ports
and airports.
12. Enforce provisions relating to the protection of the environment.
13. Guard the perimeter of penitentiaries and escort prisoners and detainees.
14. Provide members of the judiciary with the support they need to enforce
their decisions.
15. Provide the Attorney-General of the Republic with the support he needs to
investigate crimes and, in particular, criminal acts which must be subject
to criminal jurisdiction.
16. Provide the National Counsel for the Defence of Human Rights with the
support he needs to discharge his duties.
17. Compile and classify data for the preparation of national crime statistics.
18. Assist citizens in cases of public disaster.
19. Participate in any social, civic, cultural or educational programmes which
the Government may order through the Minister or Vice-Minister.
20. Any other functions which may be assigned to it by law.
For the purpose of exercising the powers mentioned in subparagraphs 14, 15 and 16 of
this article, the Director-General of Police shall detach the necessary police officers at the
request of the judge, the Attorney-General of the Republic or the National Counsel for
the Defence of Human Rights, as the case may be.
In such circumstances, the officers
thus detached shall remain within the organizational structure of the National Civil
Police, but shall be under the functional authority of the judge, the Attorney-General of
the Republic or the National Counsel for the Defence of Human Rights, as the case may
be. The request or authorization of the latter authorities shall be essential in order to
release such officers from the duties thus entrusted to them.
Article 18
The exercise of police functions shall be subject to the following code of conduct:
1. Members of the National Civil Police shall at all times observe the duties
imposed on them by law, serving the community and protecting all
persons from illegal acts, in keeping with the high degree of responsibility
required by their profession.
2. In the performance of their tasks, members of the National Civil Police
shall respect and protect human dignity and shall preserve and defend the
human rights of all persons.
3. Questions of a confidential nature of which members of the National Civil
Police have knowledge shall be kept secret, unless compliance with duty
or the needs of justice strictly demand otherwise.
4. No member of the National Civil Police may inflict, instigate or tolerate
any act of torture or other cruel, inhuman or degrading treatment or
punishment, nor invoke the orders of a superior or special circumstances,
such as a state of war or threat of war, threats to national security, internal
political instability or any other public emergency to justify torture or
other cruel, inhuman or degrading treatment or punishment.
5. Members of the National Civil Police shall ensure full protection of the
integrity and health of persons in their custody and, in particular, shall take
immediate steps to provide medical care when necessary.
6. Members of the National Civil Police shall not commit any act of
corruption.
They shall also strongly oppose such acts and shall combat
them.
7. Members of the National Civil Police who have reason to believe that a
breach of these rules of conduct has occurred or is about to occur shall so
inform their superiors and, if necessary, any authority or appropriate
agency having powers of control or correction.
Article 19
Members of the National Civil Police shall wear the regulation uniform whenever they
are on active duty.
In exceptional cases, the Minister, or in his absence, the Vice-Minister
or the Director-General may give authorization for not wearing uniforms for certain
tasks.
Article 20
Members of the National Civil Police shall bear regulation firearms when warranted by
the circumstances and their duties.
The use of firearms shall be governed by the following norms:
1. In the performance of their functions, members of the National Civil
Police shall, as far as possible, utilize non-violent means before resorting
to the use of force and firearms.
They may use force and firearms only
when other means prove ineffective or do not in any way guarantee the
achievement of the legitimate anticipated result.
2. Members of the National Civil Police shall not use firearms against people
except in self-defence or in defence of other people, or in case of
imminent danger of death or serious injury, or with the intention of
preventing the commission of a particularly serious crime involving a
serious threat to life, or for the purpose of arresting a person who
represents such a threat and resists their authority, and only where less
extreme means prove insufficient to achieve such objectives.
In any case,
lethal weapons may be used intentionally only when strictly unavoidable
for the protection of a life.
3. When the use of firearms becomes unavoidable, members of the National
Civil Police shall:
a. Exercise restraint and take action proportional to the seriousness of
the crime and the legitimate objective pursued;
b. Reduce damage and injury to a minimum and respect and protect
human life;
c. Ensure that medical assistance and services are provided as soon as
possible to persons who are injured or otherwise affected;
d. Endeavour to notify, as soon as possible, the relatives or close
friends of injured or otherwise affected persons.
4. Where members of the National Civil Police cause injuries or death
through the use of force or firearms, they shall report the fact immediately
to their superiors.
5. As part of the performance of their duty to safeguard the exercise of the
rights of individuals, members of the National Civil Police shall protect
the exercise of the right of assembly and demonstration.
Where, for legal
reasons, they are compelled to break up a demonstration or a meeting, they
shall use the least dangerous means and only to the minimum extent
necessary.
Members of the National Civil Police shall refrain from using
firearms in such cases, save where the meetings are violent and other
means have been exhausted, and only under the circumstances provided
for in subparagraph 2 of this article.
6. Exceptional circumstances, such as internal political instability or any
other public emergency situation, may not be invoked to justify noncompliance
with these norms.
Article 21
Members of the National Civil Police shall not normally be required to live in barracks.
Such a regime shall be applied only in exceptional circumstances and for the time strictly
necessary.
Article 22
Vehicles, communications systems, uniforms, facilities and, in general, any equipment
used by members of the National Civil Police shall be suited to the requirements of a
police force of the type defined in this act.
Title III
Police Regulations
Article 23
Members of the National Civil Police shall, in the performance of their duties, be
deferred to as representatives of authority for all legal purposes.
Article 24
The duties of the police shall be to:
1. Respect human rights, the Constitution and the law, whatever the
circumstances in which they are required to fulfil their mission.
2. Obey and carry out orders and instructions given by their hierarchical
superiors, which shall always be consistent with the Constitution and laws
of the Republic.
Obedience to an order from above shall not be
justification for committing acts which are clearly punishable.
3. Show due consideration and courtesy in their relations with the public and
with their subordinates.
Police shall identify themselves before taking
measures that restrict freedom, except where circumstances of in flagrante
delicto prevent them from doing so.
4. Intervene where necessary, even when off duty, to protect persons and
property and to prevent a crime.
5. Refrain from engaging in any other remunerated activity and from
receiving gifts or rewards related to the performance of their duties.
6. Refrain from taking an active part, while on duty, in political meetings or
demonstrations.
7. Refrain from organizing themselves into unions or other groups pursuing
similar aims and from participating in strikes.
Article 25
The rights of the policeman are as follows:
1. A policeman shall enjoy job security.
He may not be dismissed except for
the reasons provided by law.
2. A policeman shall have the right to be informed by his superiors of the
missions, organization and functioning of the service to which he belongs.
3. A policeman shall have the right to be promoted within the ranks of the
police force, under the conditions provided for in this act.
4. A policeman shall have the right to remuneration consistent with his rank
and length of service.
5. A policeman shall have the right to annual leave of no less than 15
working days.
The leave period shall be increased after the fifth year of
service, on such conditions as are determined by the rules.
6. A policeman shall have the right to a pension and to social security.
7. In the exercise of his functions, a policeman shall have the following
prerogatives:
a. To request the cooperation of any authority;
b. To have access without charge to collective public transport
services;
c. To be treated free of charge and on a priority basis in hospitals,
clinics and health services, if he is injured in the performance of
his duties;
d. To be granted facilities for pursuing studies that will enable him to
improve his academic level.
Article 26
A policeman shall be responsible for acts committed in the performance of his duties.
Article 27
Members of the National Civil Police shall be subject to the following disciplinary
measures, depending on the gravity of the misdemeanour committed:
1. Verbal warning.
2. Written warning.
3. Suspension without pay.
4. Arrest for a maximum period of 15 days.
5. Demotion.
6. Dismissal.
Verbal or written warnings shall be within the competence of each chief of service;
the
policeman shall, however, have the right of appeal to a disciplinary committee.
The other penalties shall be imposed by a disciplinary committee under the authority of
the General Inspectorate.
Such penalties may be imposed only by means of a procedure
which gives the policeman access to the dossier and which respects the rights of defence.
The investigation of misdemeanours shall be the responsibility of the General
Inspectorate, which may act propio motu or on a complaint from any citizen, the chief of
service of the policeman concerned, the Attorney-General of the Republic or the National
Counsel for the Defence of Human Rights.
Article 28
Members of the National Civil Police may be suspended, with pay, where the best
interests of an administrative or judicial investigation so require.
Title IV
Police Career and Manning Table
Article 29
Personnel of the National Civil Police must have a vocation of service to the community,
a capacity for human relations and emotional maturity, and the physical condition
required to serve as a police officer.
They must be suited to serving in a police force
which is designed, structured and operated as a civilian institution with the purpose of
protecting and guaranteeing the free exercise of the rights and freedoms of individuals;
preventing and combating all types of crimes;
and maintaining internal peace,
tranquillity, order and public security.
They must also be able to adjust their conduct
satisfactorily to the doctrine and legal regime of the National Civil Police.
Article 30
The manning table of the National Civil Police shall consist of the following levels and
categories:
1. Basic level, with the categories of:
constable, officer [corporal] and
sergeant.
2. Executive level, with the categories of:
deputy inspector, inspector and
chief inspector.
3. Senior level, with the categories of:
[intendant, senior intendant and
superintendent].
Article 31
Admission to the National Civil Police shall be contingent on passing the entrance
examinations to the National Public Security Academy and completing the selective basic
training course provided there.
The entrance examinations shall be designed to ensure that candidates fit the profile
required to belong to the National Civil Police, according to each of the levels of
responsibility defined in this act, and shall consist of:
a test of general knowledge, a
physical examination, a medical examination and a psychological examination.
These
examinations shall be supplemented by personal interviews with the candidates.
Article 32
The minimum requirements for applicants for the entrance examinations are:
1. Be Salvadorian by birth.
2. Have reached the age of 18 before submitting the application.
3. Have completed the level of studies required for the category concerned.
4. Be physically fit.
5. Have full exercise of their civic rights.
6. Have no criminal record, i.e., convictions resulting from a final verdict.
Article 33
For the categories of constable and officer [corporal], applicants are required to have
completed the ninth grade of education or its equivalent.
For other categories of the basic
level, a high school diploma is required.
The executive level requires an intermediate
university diploma, or the successful completion of three years of university studies or
their equivalent.
The senior level requires a university degree or its equivalent.
Article 34
Members of the National Civil Police may be promoted within the categories of the basic
level by means of competitive examinations among those with more than two years'
service in the lower category who meet the requirements for the category for which they
are applying.
Those selected must also successfully complete the course organized for the
purpose by the National Public Security Academy.
Article 35
At the executive and senior levels, half the posts shall be reserved for internal promotion.
The remaining half may be filled by external competitive examination.
Promotion within these categories shall also be by competitive examination among those
with more than three years' service in the lower category who meet the requirements for
the category for which they are applying.
Those selected must also successfully complete
the course organized for the purpose by the National Public Security Academy.
Article 36
Administrative, technical and service staff employed by the National Civil Police shall be
subject to civil service regulations and shall not belong to the police.
Title V
Transitional Regime
Article 37
The transitional period for the establishment of the National Civil Police shall be 24
months, starting from the entry of the first contingent of basic-level students to the
National Public Security Academy.
Article 38
During the transition, the National Civil Police shall not be attached to any Ministry.
The
Director-General shall be under the direct authority of the President of the Republic.
Article 39
The National Civil Police shall be run by the Director-General, under the terms laid down
by this act.
Article 40
During the period of transition until the functional and territorial structures of the
National Civil Police are operating normally, the Director-General shall be appointed by
the President of the Republic from a list of three candidates proposed by the National
Commission for the Consolidation of Peace (COPAZ).
Article 41
During the transition, the Director-General shall establish appropriate machinery for
information and communication with COPAZ so that the Commission can perform its
function of supervising the organization of the National Civil Police.
As part of the
normal exercise of its functions, COPAZ shall designate a subcommission to carry out
this task, which shall serve as an advisory commission to the Coordinator or to the
Director-General.
Article 42
The National Civil Police shall take up its functions gradually, as contingents graduating
from the National Public Security Academy make it possible to staff fully each of the
functional and territorial structures provided for in this act.
The Director-General shall
determine the priorities and order according to which this assumption of functions shall
take place.
Article 43
The process of replacing the former security forces shall be carried out by geographical
department, making sure that there are no gaps in authority.
Within 21 months of the
launching of this process, all departments must be covered by contingents of the National
Civil Police.
Article 44
While the first senior and executive officers of the National Civil Police are being
trained, the Director-General may order the creation of provisional commands for a
predetermined period.
Annex III
Preliminary bill on the National Public Security Academy
Article 1
1. The National Public Security Academy of El Salvador shall be established
as an autonomous body under the authority of the Ministry of the Interior
and Public Security.
2. In order to achieve its purposes, the Academy shall be accorded its own
juridical personality, shall enjoy administrative autonomy and shall be
fully qualified to act in accordance with the legislation in force.
3. The Academy shall operate with financial autonomy and must have
sufficient resources made available to it.
To that end, it shall have its own
budget.
Article 2
The Academy may conduct its activities throughout the national territory.
The Academy's
headquarters shall be situated in ...
Article 3
1. The Academy shall have the following functions, among others:
a. To train members of the National Civil Police;
b. To develop selection procedures and to conduct the corresponding
examinations for admission to, and promotion in, the National
Civil Police;
c. To investigate, to study and to publicize matters relating to the
National Civil Police and public security.
2. The Academy shall provide the tuition corresponding to training courses
set up for the National Civil Police, in accordance with the curricula to be
established.
3. In order to attain and develop the above objectives, the Academy shall
promote institutional cooperation with universities, the judiciary, the
Public Prosecutor's Office and other national or foreign institutions
relevant to the teaching purposes referred to above.
Article 4
The administration and management organs of the Academy shall be the Director and the
Academic Council.
Article 5
The Director, who shall have the same rank as the Director-General of the National Civil
Police, shall be appointed, on the same conditions as the Director-General of Police, on
the proposal of the Ministry of the Interior and Public Security.
The Director shall have a three-year term of office.
Article 6
The Academic Council shall comprise eight members, all civilians prominent in civilian,
cultural, legal, police and academic life, appointed by the Minister, on the proposal of the
Director and on the basis of criteria of pluralism.
Their term of office shall be the same as
that of the Director of the Academy.
Article 7
The Director of the Academy shall be responsible for:
a. Managing the services and staff of the Academy;
b. Authorizing expenditure and payments;
c. Issuing diplomas and certificates;
d. Granting the appointments and contracts of the teaching staff of the
Academy, designated by the Academic Council;
e. Hiring the administrative staff of the Academy;
f. Drawing up the preliminary budget proposal;
g. Managing the implementation of training and selection plans.
Article 8
The Academic Council shall be responsible for:
a. Designating the teaching staff, in such a manner as to ensure that no
political tendency shall predominate among that staff;
b. Determining the admissions system and ensuring that it is not
discriminatory;
c. Giving opinions and recommendations on the Academy's teaching
activities;
d. Reporting to the Director on matters which he submits to it for
consideration;
e. Preparing an annual report on the activities of the Academy.
Article 9
The Academy's assets shall comprise the following resources:
a. Contributions by the Government;
b. Contributions by international organizations;
c. Subsidies and other public or private contributions;
d. Considerations granted under agreements;
e. Other resources which may be granted to it.
Article 10
1. The organizational structure of the Academy shall be determined by
decree;
2. The permanent staff of the Academy shall have the status of civil servants.
Article 11
When designating the first Director and the first Academic Council of the Academy, the
following principles shall apply, on an interim basis:
1. The Director shall be appointed by the President of the Republic, from a
list of three candidates proposed by the National Commission for the
Consolidation of Peace (COPAZ);
2. The members of the Academic Council shall be proposed in lists of three
candidates by COPAZ on the basis of criteria of political pluralism, for
appointment by the President of the Republic;
3. During the transition, the National Public Security Academy shall not be
attached to any Ministry.
Its Director shall be under the direct authority of
the President of the Republic.