Public Participation: Basic Agreement for the Search for Peace by Political Means (Oslo Agreement)

In the city of Oslo, Norway, the delegation of the National Reconciliation Commission (CNR) of Guatemala, acting with the full support of the Government of the Republic of Guatemala and in the conciliatory role attributed to it under the Esquipulas II Agreement, and the delegation of the Unidad Revolucionaria Nacional Guatemalteca (URNG), with the full support of its General Command, having met from 26 to 30 March 1990 expressly for the purpose of finding ways to bring about a peaceful solution of the nation’s problems by political means, and recognizing that this objective is fundamental to the achievement of reconciliation between Guatemalans and to the solution of the nation’s problems, do agree to initiate a serious process which will culminate in the attainment of peace and the enhancement of functional and participatory democracy in Guatemala.

The two delegations shall, by mutual agreement, proceed to exercise their good offices.

Good Offices

In accordance with the spirit of the Esquipulas II Agreement, the National Reconciliation Commission shall take steps to facilitate and sustain the peace-seeking activities to which this Agreement refers, through its good offices and the appointment as Conciliator, by agreement with URNG, of Monsignor Rodolfo Quezada Toruño in his capacity as Chairman of the National Reconciliation Commission.

It shall be the function of the Conciliator to propose initiatives to all the parties, to facilitate and sustain dialogue and negotiation and to impart momentum to that process, and to analyse whatever similarities or differences there may be between the positions of the parties. He shall be entitled to propose initiatives and solutions for discussion and agreement and shall perform all other functions required for the proper fulfilment of his commitment.

The National Reconciliation Commission and the Unidad Revolucionaria Nacional Guatemalteca agree to request the Secretary General of the United Nations, Dr. Javier Pérez de Cuéllar, to observe the activities to be carried out and to act as guarantor of compliance with the agreements and commitments entered into upon signature of this document.

Activities to be carried out:

The two delegations agree to launch activities which will generate conditions permitting the definitive attainment of peace and the enhancement of democracy.

(a) A meeting shall be held between representatives of the political parties of the Republic of Guatemala and representatives of the Unidad Revolucionaria Nacional Guatemalteca. The National Reconciliation Commission and the Unidad Revolucionaria Nacional Guatemalteca shall, by mutual agreement, decide the conditions under which this meeting will take place. The parties shall make the efforts required for the meeting to be held in the second fortnight of May 1990.

(b) The National Reconciliation Commission shall, by mutual agreement with URNG, create the mechanisms required for the convening, preferably in June 1990, of the necessary meetings between the Unidad Revolucionaria Nacional Guatemalteca and representatives of the country’s popular, religious and business sectors, as well as other politically representative entities, with a view to finding ways of solving the nation’s problems.

(c) Talks with a view to achieving a political solution of the internal armed confrontation shall be held, on a date to be established by mutual agreement between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca, between representatives - with decision-making powers - of the Government of the Republic, the Guatemalan Army and the General Command of the Unidad Revolucionaria Nacional Guatemalteca. The National Reconciliation Commission shall take part in these meetings for purposes of confirmation and verification, in accordance with the functions attributed to it under the Esquipulas II Agreement.

Signed in the city of Oslo this 30th day of March 1990.

Framework Accord

For the Resumption of the Negotiating Process between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG)

The delegations of the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca, having met at Mexico City from 6 to 9 January 1994 under the auspices of the Secretary-General of the United Nations and as guests of the Government of Mexico, have reached the following agreement on the framework for the resumption of the negotiating process aimed at achieving a firm and lasting peace:

I. Agenda for the negotiations

The parties shall negotiate on all the items included in the general agenda set forth in the Mexico Agreement. The parties shall together decide on the scope of their undertakings, all of which shall be subject to verification.

The Government and URNG undertake to be appropriately represented in the negotiations by high-ranking delegates so that political agreements consistent with the constitutional order can be entered into, without restricting their power to conclude agreements on institutional and constitutional reforms.

II. Moderation of the bilateral negotiations

The parties have agreed to request the Secretary-General of the United Nations to appoint a representative to serve as moderator of the bilateral negotiations between the Government and URNG. The parties agree that the moderator may make proposals to facilitate the signing of a firm and lasting peace agreement.

III. Society at large

The two parties recognize the contribution of the sectors which, pursuant to the Oslo Agreement, have participated in the meetings with URNG held at El Escorial, Ottawa, Quito, Metepec and Atlixco. These meetings have given an impetus to the negotiating process in Guatemala. The participation and contributions of these sectors have helped to make possible the start of direct negotiations between the Government and the command of URNG.

The parties agree that Guatemalan society continues to have an essential role to play in the achievement of peace and in the process of reconciliation.

Without prejudice to other machinery and forums, whether temporary or permanent, for promoting national reconciliation, the parties agree to promote the establishment of an Assembly open to the participation of non-governmental sectors of Guatemalan society, provided that their legitimacy, representative character and lawfulness have been recognized. The Assembly shall meet during the negotiating period and shall have the following functions:

(i) To discuss the substantive issues for the bilateral negotiations, i.e. items (ii) to (vii) of the general agenda contained in the Mexico Agreement, with a view to formulating positions on which there is consensus;

(ii) To transmit to the United Nations moderator, the Government of Guatemala and URNG the recommendations or guidelines resulting from its deliberations. These recommendations and guidelines shall not be binding and shall be aimed at fostering understanding between the parties. The Assembly shall discuss the substantive issues on the basis of a timetable that is synchronized with the dates set for the bilateral negotiations and shall not delay the conduct of the bilateral negotiating process;

(iii) To consider bilateral agreements concluded by the parties on the substantive issues and endorse such agreements so as to give them the force of national commitments, thereby facilitating their implementation. However, if for any reason a bilateral agreement is not endorsed, the agreement shall continue to be valid.

The parties agree to request the Episcopal Conference of Guatemala to appoint the President of the Assembly, considering for this office the conciliator, Monsignor Quezada Toruño. The President of the Assembly shall be assisted by an organizing committee. The Committee shall be composed of representatives of each of the sectors which participated in the Oslo process, together with representatives of the Maya people.

The President of the Assembly shall have the following functions:

(i) To convene the Assembly;

(ii) To organize its deliberations with the assistance of the organizing Committee;

(iii) To promote the formulation of consensus recommendations regarding the substantive issues;

(iv) To transmit to the United Nations moderator and to the parties the recommendations and guidelines that result from the Assembly's deliberations and to participate in special meetings of the bilateral bureau convened to this end by mutual agreement between the parties;

(v) To receive from the United Nations moderator the bilateral agreements on substantive issues signed by the parties, put them before the Assembly and promote their endorsement by it.

IV. Role of the countries constituting the group of friends

The parties request the Governments of Colombia, Mexico, Norway, Spain, the United States of America and Venezuela to form a group of friends of the Guatemalan peace process. The friends will be kept duly informed of the progress and content of the negotiations between the parties, and will have the following functions:

(i) To support, through their actions, the representative of the Secretary-General of the United Nations in order to facilitate the negotiating process;

(ii) To give greater certainty and firmness to the commitments entered into by the parties in their capacity as solemn witnesses to the agreements arrived at in the course of the negotiating process, when the parties so request.

V. Procedures

(i) Disclosure: the parties agree that the bilateral negotiations will be conducted in the strictest secrecy in order to ensure that they are carried on in an atmosphere of trust and seriousness. They agree that the only public information on their conduct will be that made available by the representative of the Secretary-General of the United Nations. For purposes of coordination with the work of the Assembly, the moderator and the President of the Assembly will draw up appropriate rules to permit exchanges of information that do not impair the secrecy necessary for the work of the bilateral bureau.

(ii) Time-frame: the parties express their commitment to arrive at a firm and lasting peace agreement within the shortest possible time during 1994. In this context, they undertake to demonstrate the necessary flexibility for successful negotiation of the general agenda.

(iii) In the context of their efforts to facilitate the negotiating process, the parties have recognized the desirability of resorting to all measures that will be conducive to rapprochements and agreements between them, and declare themselves ready to respond to the requests made by the moderator in this respect.

VI. Verification mechanisms

Verification is a vital element in ensuring compliance with and respect for the agreements. Consequently, the parties reiterate that all the agreements must be accompanied by appropriate national and international verification mechanisms. The experience and authority of the United Nations confer a high degree of reliability on international verification by the organization. The two parties agree to request the United Nations to verify all the agreements, in both their substantive and their operational aspects.

Mexico, D.F., 10 January 1994.

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