DR. OSCAR ARIAS SÁNCHEZ
Esquipulas II
Procedure for the establishment of a firm and lasting peace in Central America"Voices calling out and hopeful winds
seeking a joyous peace for all."
Arturo Echeverría Loría
PREAMBLE
We, the Presidents of the Republics of Guatemala, El Salvador, Honduras, Nicaragua, and Costa Rica, meeting at Guatemala City on August 6 and 7, 1987, encouraged by the vision and continuing desire of Contadora and the Support Group in favor of peace, strengthened by the constant support of all the governments and peoples of the world, their principal international organizations, and especially by the European Economic Community and His Holiness John Paul II, inspired by Esquipulas I, and having gathered together in Guatemala in order to discuss the peace plan presented by the Government of Costa Rica, have agreed to:
- Assume fully the historic challenge to forge a destiny of peace for Central America;
- Undertake to fight to peace and eliminate war;
- Make dialogue prevail over violence and reason over rancor;
- Dedicate these peace efforts to the youth of Central America, whose legitimate aspirations for peace and social justice, for freedom and reconciliation, have been frustrated for many generations;
- Establish the Central American Parliament as a symbol of freedom and independence of the reconciliation to which we in Central America aspire;
We ask for the respect and assistance of the international community in our efforts, Central America has its own pathways to peace and development, but we need help to make them a reality. We ask for an international agreement that would ensure development so the peace we seek may be a lasting one. We firmly reiterate that peace and development are inseparable.
We express our appreciation to President Vinicio Cerezo Arévalo and to the noble people of Guatemala for having served as the host for this meeting. The generosity of the Guatemalan people and their leader has been vital in creating the climate in which the peace agreements were adopted.
PROCEDURE FOR ESTABLISHING A STABLE AND LASTING PEACE IN CENTRAL AMERICA
The Governments of the Republics of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua, having undertaken to achieve the objectives and develop the principals established in the United States Nations Charter, the Charter of the Organization of American States, the Document of Objectives, the Caraballeda Message for Peace, Security, and Democracy in Central America, the Guatemala Declaration, the Punta del Este Communiqué, the Panama Message, the Esquipulas Declaration, and the draft Contadora Act for Peace and Cooperation in Central America of June 6, 1986, have agreed upon the following procedure for establishing a stable and lasting peace in Central America.
National Reconciliation
a) Dialogue
To carry out urgently, in those cases in which deep divisions have occurred within a society, actions of national reconciliation to allow the people to participate, with full guaranties, in authentic political processes of a democratic nature, on the basis of justice, freedom, and democracy, and, for the purpose, to establish mechanisms for dialogue with opposition groups, in accordance with the law.
To that end, the respective governments shall initiate dialogue with all domestic political opposition groups that have laid down their arms and with those that have accepted the amnesty.
b) Amnesty
In each Central American country, except in those where the International Verification and Follow-up Commission determines that it is not necessary, decrees of amnesty shall be issued, which shall establish all the provisions to guarantee the inviolability of life, freedom in al its forms, property, and the security of the persons to whom such decrees apply. Simultaneously with the issue of the amnesty decrees, the irregular forces in the respective country shall release any persons they may be holding.
c) National Reconciliation Commission
In order to verify the fulfillment of the commitments undertaken by the five Central American governments upon signing this document, with regard to amnesty, cease-fire, democratization, and free elections, a National Reconciliation Commission shall be created. Its function shall be to determinate whether the process of national reconciliation is actually under way, and whether there is absolute respect for all the civil and political rights of Central American citizens guaranteed herein.
The National Reconciliation Commission shall be composed of one regular delegate and one alternate form the Executive Branch and one regular member and one alternate suggested by the Episcopal Conference and selected by the government from a slate of three Bishops to be submitted within 15 days of receipt of the formal invitation. This invitation shall be extended by the governments within 5 working days of the signing of this document. The same nomination procedure shall be used to select one regular member and one alternate from the legally registered opposition political parties. The three-person slate shall be submitted in the same time period as mentioned above. Each Central American government shall also select to serve on the commission one outstanding citizen who is not part of the government and does not belong to the government party, as well as one alternate. Copies of the agreements or decrees creating each National Commission shall be transmitted immediately to the other Central American governments.
2. Urging a Cessation of Hostilities
The governments vehemently urge that a cessation of hostilities be arranged in those states in the area currently experiencing the action of irregular or insurgent groups. The governments of such states undertake to carry out all actions necessary to achieve an effective cease-fire within a constitutional framework.
3. Democratization
The governments undertake to provide the impetus for an authentic democratic process, both pluralistic and participatory, which entails the promotion of social justice, respect for human rights, sovereignty, territorial integrity of the states, and the right of all countries to choose, freely and without outside interference whatsoever, their economic, political and, where appropriate, improvement of democratic, representative, and pluralistic systems that will guarantee the organization of political parties and effective participation by the people in the decision-making process and ensure that the various currents of opinions have free access to fair and regular elections based on the full observance of citizen's rights. To ensure good faith in the development of this process of democratization, it shall be understood that:
a) There must be complete freedom for television, radio, and the press, which shall encompass the freedom for all ideological groups to open and maintain in operation communications media, and the freedom to operate such media without prior censorship.
b) There shall be complete pluralism of political parties. In this respect, political groups shall have broad access to the communications media an full enjoyment of the rights of association and the ability to hold public demonstrations in the unrestricted exercise of the right to publicize their ideas orally, in writing, and on television, as well as freedom of mobility for the members of the political parties in their campaign activities.
c) Similarly, the Central American governments that are maintaining in effect a state of siege or emergency shall abolish it and bring about the rule of law in which all constitutional guarantees are in effect.
4. Free Elections
Once the conditions inherent in any democracy have been created, free, pluralistic, and fair elections shall be held.
As a joint gesture of the Central American states toward reconciliation and lasting peace for their peoples, elections shall be held to select members for the Central American Parliament, which was proposed in the Esquipulas Declaration of May 25, 1986.
To that end, the Presidents have expressed their wish to move forward with the organization of the Parliament. The Preparatory Commission of the Central American Parliament Commission of the Central America Parliament shall therefore conclude its deliberations and deliver the respective draft treaty to the Central American Presidents within 150 days.
These elections shall be held simultaneously in all the countries of Central America in the first 6 months of 1988 on a date to be agreed upon in due course by the Presidents of these states. They shall be subject to monitoring by the appropriate electoral bodies, and the respective governments agree to extend an invitation to the Organization of American States and to the United Nations, as well as to the governments of third states, to send observers to attest to the fact that the electoral procedures have been governed by the strictest rules of equal access for all political parties to the communications media, as well as extensive opportunities for holding public demonstrations and engaging in any other kind of campaign propaganda.
In order that the elections for membership in the Central American Parliament may be held within the time period indicated in this section, the treaty establishing that body shall be submitted for approval or ratification in the five countries.
As soon as elections for membership in the Central American Parliament have been held, equally free and democratic elections shall be held in each country, with international observers and the same guarantees and within the established intervals and the timetables to be proposed under the present political constitutions, to select the people's representatives in the municipalities, congresses, and legislative assemblies, as well as the Presidents of the Republics.
5. Cessation of Aid to Irregular Forces and Insurgent Movements
The governments of the Central American countries shall request governments in the region or those outside it that are providing, either overtly or covertly, military, logistic, financial or propagandistic aid or assistance in the form of troops, weapons, munitions, and equipment to irregular forces or insurgent movements to cease such aid as an essential requirement for achieving a stable and lasting peace in the region.
The foregoing does not include assistance for repatriation, or, if that does not occur, relocation, and assistance needed to accomplish the reintegration into normal life of those persons who have belonged to the above-mentioned groups or forces. Similarly, the irregular forces and insurgent groups active in Central America shall be asked to refrain from receiving such aid for the sake of a genuine Latin Americanist spirit. These requests shall be made in fulfillment of the provisions of the Document of Objectives as regards elimination of the traffic in weapons within the region or from outside sources to persons, organizations, or groups attempting to destabilize the Central American governments.
6. Non-use of Territory to Attack Other States
The five countries signing this document reiterate their commitment to prevent the use of their own territory and to neither furnish nor allow logistical military support for persons, organizations, or groups seeking to destabilize the governments of the Central American countries.
7. Negotiations on Security, Verification, Control, and Limitation of Weapons
The governments of the five Central American states, with participation by the Contadora Group in the exercise of its function as mediator, shall proceed with negotiations on the points on which agreement is pending in matters of security, verification and control under the draft Contadora Act for Peace and Cooperation in Central America.
These negotiations shall also cover measures for the disarmament of those irregular forces that are willing to accept the amnesty decrees.
8. Refugees and Displaced Persons
The Central American governments undertake to address, with a sense of urgency the problem of the flow of refugees an displaced persons caused by the regional crisis, by means of protection and assistance, especially with regard to health, education, employment, and security and, furthermore, to facilitate their repatriation, resettlement, or relocation, provided that it is of a voluntary nature and takes the form of individual cases.
They also undertake to arrange for aid form the international community for the Central American refugees and displaced persons, whether such assistance is direct under bilateral or multilateral agreements or obtained through the United Nations High Commissioner for Refugees (UNHCR) or other organizations and agencies.
9. Cooperation, Democracy, and Freedom for Peace and Development
In the climate of freedom guaranteed by democracy, the Central American countries shall adopt such agreements as will permit them to accelerate their development in order to achieve societies that are more egalitarian and free from misery.
The condition of democracy entails the creation of an economy of well-being and economic and social democracy. In order to attain those objectives, the governments shall jointly seek special economic assistance from the international community.
10. International Verification and Follow-up
a) International Verification and Follow-up Commission
An International Verification and Follow-up Commission shall be created composed of the Secretaries General of the Organization of American States and the United Nations, or their representatives, as well as the foreign ministers of Central America, the Contadora Group, and the Support Group. The functions of this commission shall be to verify and follow-up on the fulfillment of the commitments contained herein.
b) Support and Facilities for Mechanisms of Reconciliation and of Verification and Follow-up
In order to reinforce the efforts of the International Verification and Follow-up Commission, the governments of the five Central American states shall issue statements of support for its work. All nations interested in promoting the cause of freedom, democracy, and peace in Central America may adhere to these statements.
The five governments shall provide all necessary facilities for the proper conduct of the verification an follow-up functions of the National Reconciliation Commission in each country and of the International Verification and Follow-up Commission.
11. Timetable for Implementing the Commitments
Within 15 days form the signing of this document, the Central American foreign ministers shall meet as an Executive Commission to regulate and promote the agreements contained herein and to make their application feasible. They shall also organize the working commission so that, as form this date, the processes leading to the fulfillment of the commitments entered into within the intervals stipulated may begin through consultations, negotiations, and any other mechanisms deemed necessary.
When 90 days have elapsed form the date of the signature of this document, the commitments with regard to amnesty, cease-fire, democratization, cessation of aid to irregular forces or insurgent movements, and the non-use of territory to attack other states, as defined in this document, shall simultaneously begin to govern publicly.
When 120 days have elapsed from the date of the signature of this document, the International Verification and Follow-up Commission shall analyze the progress made in the fulfillment of the agreements provided for herein.
When 150 days have elapsed, the five Central American Presidents shall meet and receive a report from the International Verification and Follow-up Commission and shall make pertinent decisions.
FINAL PROVISIONS
The points included in this document form a harmonious and indivisible whole. Signing it involves the obligation, accepted in good faith, to comply simultaneously and within the established time limits with the provisions agreed upon.
The Presidents of the five Central American states, with the political will to respond to our people's yearnings for peace, hereby sign this document in Guatemala City on August 7, 1987.
Oscar Arias Sánchez
President, Republic of Costa RicaJosé Napoleón Duarte
President, Republic of El Salvador
Vinicio Cerezo Arévalo Hoyo
President, Republic of GuatemalaJosé Azcona
President, Republic of Honduras
Daniel Ortega Saavedra
President, Republic of Nicaragua
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