criesdif@mtxinu.COM (09/25/89)
/* Written 3:43 pm Sep 23, 1989 by criesdif in ni:ni.centam-elect */
/* ---------- "Tela contra demobilization plan" ---------- */
Document signed by the five Central American presidents
which lays down a framework for the demobilization of contra
forces and the beginning of dialogue/negotiation between the
government of El Salvador and the FMLN guerrillas.
******************
JOINT PLAN FOR THE DEMOBILIZATION AND VOLUNTARY REPATRIATION
OR RELOCATION IN NICARAGUA AND THIRD COUNTRIES OF THE
MEMBERS OF THE NICARAGUAN RESISTANCE AND THEIR FAMILIES,
TOGETHER WITH ASSISTANCE FOR THE DEMOBILIZATION OF ALL THOSE
INVOLVED IN ARMED ACTIVITIES IN THE COUNTRIES OF THE REGION,
WHEN SUCH PERSONS VOLUNTARILY REQUEST THIS ASSISTANCE
The Presidents of Costa Rica, El Salvador, Guatemala,
Honduras and Nicaragua,
Honouring their historic pledge to achieve a firm and
lasting peace in Central America,
Bearing in mind the Guatemala Procedure signed on
August 7, 1987 and the Declarations of Alajuela and Costa
del Sol,
Considering Resolution 637 adopted unanimously by the
Security Council of the United Nations on July 27, 1989,
Seeking to advance the objectives of the Central
American Peace Process and as a steady manifestation of
their commitment to the full rule of international law,
Have agreed to this Joint Plan for the Demobilization
and Voluntary Repatriation or Relocation of the Members of
the Nicaraguan Resistance and Their Families, together with
assistance for the demobilization of all persons involved in
armed activities, when they may voluntarily request such
assistance.
CHAPTER I
THE DEMOBILIZATION AND VOLUNTARY REPATRIATION OR RELOCATION
IN NICARAGUA AND THIRD COUNTRIES OF THE MEMBERS OF THE
NICARAGUAN RESISTANCE AND THEIR FAMILIES
INTRODUCTION
This chapter is aimed at implementing the agreement by
the Presidents regarding this subject, taking into account
inter alia:
1. The report of the Secretary General of the
Organization of American States.
2. The National Political Agreement between the
Government of Nicaragua and the 21 political parties of the
country, where a call is made for the Central American
Presidents to reach important political agreements regarding
the democratic process so that the Plan for the
Demobilization and Voluntary Repatriation and Relocation may
be approved.
This chapter defines the mechanisms and methodology for
the demobilization and voluntary repatriation or relocation
of the members of the Nicaraguan Resistance, together with
the material conditions and guarantees that persons covered
shall enjoy under this Plan. This Plan will be implemented
in collaboration with international organizations. The Plan
also applies to the voluntary repatriation or relocation of
the families of the members of the Nicaraguan Resistance and
to Nicaraguan refugees, without prejudice to existing
accords concerning this matter.
The Government of Nicaragua has demonstrated, in
accordance with the Esquipulas Procedure and the Declaration
of Costa del Sol, its readiness to strengthen the processes
of national reconciliation and democratization, and thereby
encourage a willingness on the part of the Nicaraguan
Resistance to be repatriated. For this purpose we have
decided to sign the present Plan that will attempt to make
repatriation the general rule, with relocation in third
countries the exception.
The five Central American Governments renew their
pledge to prevent the use of their territory by persons,
organizations or groups to destabilize other states in the
region and to cease all types of aid to armed groups, with
the exception of humanitarian aid that serves the purposes
that the Presidents have outlined in this Plan.
MECHANISM
1. For the execution and fulfilment of this plan an
International Commission of Support and Verification will be
2.TheNationalPoliticalAgreementbetweenthe
General of the United Nations and the Secretary General of
the Organization of American States will be invited to join.
The Secretaries General may participate through their
representatives.
2. Within 30 days of the signing of this Accord, the
International Commission of Support and Verification (CIAV)
shall be formed. The five Central American Presidents call
upon the Nicaraguan Resistance to accept the implementation
of this Plan within 90 days from the date of the formation
of the CIAV.
During these 90 days the Nicaraguan Government and
the CIAV will maintain direct contacts with the Nicaraguan
Resistance to promote their return to the country and
integration into the political process. Upon completion, the
CIAV will issue a report on compliance with this Plan to be
submitted to the Central American Presidents.
3. The CIAV will be responsible for all activities
that make possible the demobilization and voluntary
repatriation or relocation, including the reception in final
destinations, and the setting up of repatriates. In
addition, the CIAV will ensure that necessary conditions for
the full incorporation into public life are maintained for
the repatriates and will undertake the follow-up and control
that these processes require.
4. The CIAV will undertake its activities with the
collaboration of the Central American Governments and will
seek support from specialized international organizations
with experience in the region, and others that it considers
necessary and that shall be officially invited by the
Governments.
The support of the specialized international
organizations shall have among its objectives to facilitate
the execution of the Plan. For this purpose, the specialized
organizations shall collaborate with the CIAV in monitoring
the full exercise of fundamental rights and freedoms of the
repatriates, as well as the monitoring of the efforts to
promote their economic well-being.
5. Once established, the CIAV will immediately:
(A) Consult and make the necessary agreements to
facilitate the implementation of this Plan with the
authorities of the Government of Nicaragua, the other
Governments of Central America, the Nicaraguan Resistance,
and officials of humanitarian organizations, as the case may
require.
(B) Visit the camps of the Nicaraguan Resistance
and of the refugees for the purpose of:
(i) Making known the scope and benefits of this plan.
(ii) Ascertaining the human and material resources in
the camps.
(iii) Organizing the distribution of humanitarian aid.
(C) Assume responsibility, to the extent
possible, for the distribution of foodstuffs, medical
attention, clothing and other basic necessities in the
Resistance camps, through the bodies and organizations that
are aiding in this process; and
(D) Make arrangements with third countries to
receive and provide the necessary assistance to those
persons who not wish to be repatriated.
6. The CIAV will provide every Nicaraguan adhering to
this Plan with a certificate and will implement a voluntary
repatriation programme for those wishing to return to
Nicaragua.
Exit and entry will take place at border posts
determined and prepared by joint agreement of the
Governments concerned. At those posts, the Government of
Nicaragua will, in the presence of CIAV representatives,
extend the necessary documentation to guarantee the full
exercise of their civil rights.
At the same time, work will be undertaken on the
resettlement in third countries of those not opting for
repatriation under the present Plan. For that purpose, the
Government of Nicaragua will, in co-operation with the CIAV,
facilitate the issuing of passports to those who request
them.
The five Central American Presidents call upon the
international community to provide financial assistance for
the present Demobilization Plan.
PROCEDURES
7. Once installed, the CIAV will establish the
procedures for reception, under the Plan for the
Demobilization and Voluntary Repatriation or Relocation in
Nicaragua and Third Countries, of the arms, equipment and
munitions of the members of the Nicaraguan Resistance, who
will remain in the custody of the CIAV pending a decision by
the five Presidents regarding their destination.
8. The CIAV will verify the dismantling of the camps
left by the Nicaraguan Resistance and refugees.
9. The repatriated persons will, circumstances
permitting, be taken directly by the CIAV to their place of
definitive settlement, which, whenever possible, will be
their place of origin, or to a site chosen by mutual
agreement between the Government of Nicaragua and the CIAV.
Temporary residence areas may be established in Nicaragua
for these purposes. These areas will remain under the
control and supervision of the CIAV while definitive
locations are being determined.
Land will be allotted and economic and technical
assistance will be provided for repatriates who wish to
pursue agro-industries, in conformity with the possibilities
of the Government of Nicaragua and the experience of
specialized international agencies, and in accordance with
the amount of funds obtained for this purpose.
10. In collaboration with the Government of Nicaragua,
the CIAV will establish reception centres capable of
providing basic services, first aid, family counselling,
economic assistance, transportation to settlement areas, and
other social services.
11. As an additional measure to provide the necessary
guarantees for repatriates, the CIAV will establish from the
outset monitoring offices so that persons may, where
necessary, report any non-compliance with the guarantees
originally offered for their repatriation. These offices
will be maintained as long as the CIAV, in consultation with
the Central American Governments, deems necessary.
Staff from these offices will periodically visit
repatriates to verify compliance and will prepare reports on
the implementation of this Plan. The reports will be sent by
the CIAV to the five Central American Presidents.
12. Situations not provided for in this Chapter will
be resolved by the CIAV in consultation with the Central
American Governments and institutions, or persons concerned.
CHAPTER II
ASSISTANCE FOR THE DEMOBILIZATION OF ALL PERSONS INVOLVED IN
ARMED ACTION IN THE COUNTRIES OF THE REGION, WHEN SUCH
PERSONS VOLUNTARILY REQUEST THIS ASSISTANCE
This chapter is aimed at assisting the demobilization
of all persons involved in armed activities in the countries
of the region when they voluntarily request such assistance.
The demobilization of these persons should be done in a
manner consistent with the procedures of Esquipulas II and
domestic legislation, and relevant agencies of the country
in question.
In order to guarantee such assistance, the CIAV may be
officially invited by the Central American Governments.
CHAPTER III
ASSISTANCE FOR THE VOLUNTARY DEMOBILIZATION OF THE MEMBERS
OF THE FMLN
As established under the Guatemala Procedure and the
Alajuela and Costa del Sol Declarations, and in order to
help bring about a cessation of the armed operations
suffered by the Republic of El Salvador, the Governments of
Costa Rica, Guatemala, Honduras and Nicaragua reiterate
their firm conviction on the need for an immediate and
effective cessation of hostilities in that sister country.
Consequently, they emphatically urge the Farabundo Marti
National Liberation Front (FMLN) to carry out a constructive
dialogue for the purpose of securing a just and lasting
peace. The aforesaid Governments likewise urge the
Government of El Salvador to agree to incorporate the
members of the FMLN into the normal life of the country,
with full guarantees and in the spirit of numeral 2 of the
Guatemala Procedure.
The Government of El Salvador undertakes to ensure
unrestricted respect for its commitments regarding national
reconciliation and to continue strengthening the process of
pluralist, participatory and representative democratization
already under way whereby social justice and full respect
for the human rights and fundamental freedoms of Salvadorans
may be promoted.
Once the FMLN, as a result of dialogue, has agreed to
abandon armed struggle and to join the democratic and
institutional life of the country, steps will be taken for
the demobilization of the members of the FMLN in accordance
with procedure established in Chapter I of this Plan, as
applicable and with such modifications as the case may
require, and to facilitate their demobilization.
Notwithstanding the aforesaid, members of the FMLN who
may at any time voluntarily decide to lay down their arms
and join in the political and civic life of El Salvador,
shall receive the benefits of this Plan. For this purpose,
the Government of El Salvador will, through the CIAV and
appropriate national and international bodies, call on such
persons to avail themselves of the benefits herein
established, using all suitable means available.
Agreed and signed in the port city of Tela, Republic of
Honduras, on the 7th day of August 1989.
OSCAR ARIAS SANCHEZ President of Costa Rica
ALFREDO CRISTIANI BURKARD President of El Salvador
VINICIO CEREZO AREVALO President of Guatemala
JOSE AZCONA H. President of Honduras
DANIEL ORTEGA SAAVEDRA President Republic of Nicaragua
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