The Mexico Agreement - Public International Law & Policy Group

UNITED
NATIONS
A S
General Assembly
Security Council
Distr.
GENERAL
A/45/1007
_S/22563
i May Í991
ENGLISH
ORIGINAL: SPANISH
GENERAL ASSEMBLY
Forty-fifth session
Agenda item 28
THE SITUATION IN CENTRAL AMERICA:
THREATS TO INTERNATIONAL PEACE
AND SECURITY AND PEACE INITIATIVES
SECURITY COUNCIL
Forty-sixth year
Letter dated 2 May 1991 from the Permanent Representative
of Guatemala to the United Nations addressed to the
Secretary-General
On instructions from my Government, I have the honour to transmit
herewith the text of the "Agreement on the procedure for the search for peace
by political means", signed at Mexico City on 26 April 1991 following talks
held by the delegations of the Government of Guatemala and the Ur-.Idad
Revolucionaria Nacional Guatemalteca (URNG) in the presence of C atemala's
National Reconciliation Commission and the Observer appointed by you.
The aforesaid Agreement was signed as a result of the Government's
commitment to put an end to the internal armed conflict and bring about
reconciliation among all Guatemalans.
I should be grateful if you would have this letter and its annex
circulated as a document of the General Assembly» under agenda item 28, and of
the Security Council.
(Signed) Francisco VILLAGRAN DE LEON
Ambassador
Permanent Representative
91-14540 2957a (E)

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annex
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In order to achieve theo b j e c t i v e s aeto u tintheE s q u i p u l a a II Agreement
of 7 August 1087a n dt op u tane n dt oth«i n t e r n a l armed conflict andb r i n g
about reconciliation among allG u a t e m a l a n s , in accordance with theO s l o
Agreement of 30M a r c h 1990, thed e l e g a t i o n s of theG o v e r n m e n t of Guatemalaa n d
of thtU n i d a d Revolucionaria Nacional Guatemalteca (URNG) hereby agree to hold
talks inthep r e s e n c e of theC h a i r m a n of Guatemala's National Reconciliation
Commission, Monaignor Rodolfo Quesada Toruno, acting as C o n c i l i a t or pursuant
to theO s l o Agreement, ando f thor e p r e s e n t a t i v e of theS e c r e t a r y - G e n e r a l of
the United Nations, Mr.F r a n c e s c Vendrell, acting an Observer.
1. TheG o v e r n m e n t of Guatemala andtheU n i d a d Revolucionarla Nacional
Guatemalteca (URNG) undertake to conduct a process of negotiation that will
permit, inthes h o r t e s t possible time, thes i g n i n g of an agreement fora firm
and lasting peace which sets outp o l i t i c a l agreements, howthey aret ob e
implemented ande x e c u t e d by thep a r t i e s , andh o wt h e i r fulfilment istob e
verified by theN a t i o n a l Reconciliation Commission, theU n i t e d Nationsa n d
such other international bodies asthep a r t i e s mayd e s i g n a t e by mutual
agreement.
2. Thep a r t i c i p a n t s inthen e g o t i a t i o n s shall be theC o n c i l i a t o r ,
Momignor Rodolfo Queiada Toruno; ther e p r e s e n t a t i v e of the S e c r e t a r y - G e n e r a l
of theU n i t e d Nations, Mr.P r a n c e s c Vandrell, acting as Observer» the advisers
to theC o n c i l i a t o r andt h eO b s e r v e r ; andthed e l e g a t i o n s of theG o v e r n m e n t of
the Republic of Guatemala ando f URNG. Members of theN a t i o n a l Reconciliation
Commission shall also participate in meeting s fort h ep u r p o s e of notinga n d
verifying thef u l f i l m e n t of agreements.
The Government of Guatemala andU R N G mayb e assisted by advisers,w h o
must be Guatemalan ands h a ll first present their credentials tot h e
Conciliator.
3. In order to accelerate thep r o c e s s ande n s u r e itss u c c e s s , theG o v e r n m e n t ,
and URNG agree to hold negotiations through direct meetinqs betweent h e
parties, with thea c t i v e participation of theC o n c i l i a t o r andinthep r e a w n c e
of theO b s e r v e r . Indirect meetings mayalso be held between thep a r l i e s ,
through theC o n c i l i a t o r andinthep r e s e n c e of theO b s e r v e r , with their
respective advisers, If they deem it appropriate.
4. TheG o v e r n m e n t andU R N G undertake tobe duly represented in tho
negotiations by high-level delegates, in ordor to negotiate and conduelo
political agreements in accordance with thee x i s t i n g constituéionnl frctnutwork
and with theEl Escorial agreements.

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5. The Conciliator, In hit capacity aa Chairman of the National
Reconciliation Commission, may if ht thinks fit call together the various
sectors that participated in the meetings with URNO held during 1990 under the
Oslo Agreement, so as to inform them of the progress of the negotiations In
the search for a firm and lasting peace and a solution to the nation's
problems.
6. The Government of the Republic of Guatemala and URNG agree not to abandon
the negotiating process unilaterally and to pursue it without interruption, in
accordance with these procedural rules, until the negotiating agenda is
exhausted. They undertake to act in good faith In an atmosphere of complete
mutual respect and reiterate their express determination to reach political
agreements for achieving a firm and lasting peace that will bring the internal
armed conflict in Guatemala to an early, definitive end.
7. Meetings shall be announced publicly and discussions shall be conducted
privately, without publicity. The media shall have access to the meetings
during such periods aa the delegations ahall determine by mutual consent.
Neither the parties nor the participants shall unilaterally give out any
information on the phase of the negotiations, unless it is agreed otherwise.
If the parties reach any significant agreements, the Conciliator shall mod
out the official communiqués drafted for the Information of the public. The
Observer for his part, shall keep the Secretary-General of the United Nations
informed of the progress of the negotiations.
8. The Conciliator, Monsignor Rodolfo Quesada Toruno, in his capacity AS
Chairman of the National Reconciliation Commission, shall conduct meetings in
accordance with the usual standards of debate. No recordings shall b» made of
the meetings, nor shall minutes be taken. Any agreements reached shall ha
formalised In documents discussed and approved by the parties and shall be
signed by the Conciliator, the Observer, the delegates of the parties, and the
members of the National Reconciliation Commission.
9. Under the Oslo Agreement, it is the function of the Conciliator to
propone initiatives to the parties and to facilitate and sustain dialogue And
negotiation, imparting momentum to that process and summarising points of
agreement And disagreement between the parties. To that end, he has the power
to propose initiatives and solutions fur discussion and agreement and may do
whatever else is necessary to the proper fultllment of his mission, In
addition to any other powers conferred on him in other sections of this
document, the Conciliator shalli (a) convene the agreed meetings; (b) act as
depositary for any documents that may result from the negotiation and provide
certified copies theruof to the parties; (c) designate his advisers; and
(d) order adjournments of the meetings.

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FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA:
(Signed) Manuel E. CONDE ORELLANA
General Secretary of the
Presidency of the Republic
(Signed) Brigadier General Edgar
Augusto GODOY GAITAN
Deputy Chief of Staff of National
Defence
(Signed) Manolo BENDFELDT ALEJOS
Minister for Development
(Signed) Brigadier General José D,
GARCIA SAMAYOA
Commander of the Guard of Honour
Military Brigade
(Signed) Brigadier General Mario René (Signed) Julio A. BALCONI TURCIOS
ENRIQUEZ M.
Commander of the Mariscal Zavala
Commander of Military Zone 22,
Military Brigade
Playa Grande, Quiche
(Signed) Colonel Marco A. GONZALEZ T.
Commander of the Mobile Military
Police
(Signed) Rubén Amilcar BURGOS SOLIS
Special Adviser to the Presidency
of the Republic
(Signed) Ernesto VITERI ECHEVERRÍA
Special Adviser to the Presidency
of the Republic
(Signed) José Luis ASENSIO AGUIRRE
Adviser to the President of the
Republic
FOR THE UNIDAD REVOLUCIONARIA NACIONAL GUATEMALTECA (URNG):
General Command
(Signed) Commander Gaspar ILOM
(Signed) Commander Rolando MORAN
(Signed) Commander Pablo MONSANTO
(Signed) Carlos GONZALEZ
Secretary of the Central Committee
of the Partido Guatemalteco de
Trabajadores (PGT)
Political and Diplomatic Commission
(Signed) Francisco VILLAGRAN MUÑOZ
(Signed) Miguel Angel SANDOVAL
(Signed) Luis Becker GUZMAN
(Signed) Luz MÉNDEZ

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TOR THE NATIONAL RECONCILIATION COMMISSION!
(Sigma) Tereia SOLANOS DE ZARCO
Mario PERMUTH LISTWA
(SlflUld) Oliverio GARCIA RODAS
(SUAt4) Luit MORALES CHUA
Advlier
(Sloatd) Momlgnor Rodolfo QUKZADA TORUNO
Conciliator
Chairman of th« National RooonclUation Commiiiion
FOR THB UNITED NATIONSl
FranccBO VENDRELL
Raprtiantativ» of th« S«crtt«ry-O«n«ral of the
United Nationi