Second report of the United Nations Verification Mission in Guatemala

Table of Contents

Fifty-second session
Agenda item 45

The situation in Central America: procedures for the establishment of
a firm and lasting peace and progress in fashioning a region of peace,
freedom, democracy and development

1. This is the second report submitted pursuant to General Assembly resolution 51/198 B of 27 March 1997, in which the Assembly decided to extend the mandate of the United Nations Verification Mission in Guatemala (MINUGUA) until 31 March 1998 in order to verify compliance with the agreements signed between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca (URNG) and requested me to keep it fully informed of the implementation of the resolution. The General Assembly reiterated this request in its resolution 51/198 C of 31 July 1997. Subsequently, by its resolution 52/175 of 15 December 1997, the Assembly authorized the extension of the Mission’s mandate until 31 December 1998.

I. Introduction

2. The implementation of the commitments entered into by the Government and URNG is governed by a timetable (A/51/796-S/1997/114, annex II) covering the period from 1997 to 2000 and divided into three phases. This report covers the monitoring of commitments under the first phase of the timetable, lasting from 15 January to 15 April 1997, and of commitments whose implementation was scheduled for the second phase, ending in December 1997. It also provides information on whether the measures taken by the Government are consistent with general commitments in the Agreements for which there is no timetable.

3. The Guatemalan Peace Agreements cover a particularly wide range of issues and their implementation involves a complex range of protagonists. In addition to the Government of Guatemala and URNG, the signatories to the Agreements, the following have an important role to play in ensuring the success of the process: State bodies, including Congress, the judiciary and the Public Prosecutor’s Office, and sectors of organized civil society, such as business, labour and cooperative organizations, professional associations, indigenous, women’s and human rights organizations, other non-governmental organizations and the mass media. The response of State bodies and civil society to the Agreements and its interaction with Government measures have had a decisive influence on the implementation process. This report describes the outcome of this interaction during the first year of peace.

4. The Commission to Follow up the Implementation of the Peace Agreements, which is made up of two representatives of the Government, two representatives of URNG, one representative of Congress, four representative citizens and the Chief of MINUGUA, continued its monitoring and support functions. During the period under consideration, it used its good offices to facilitate the functioning of the commissions set up under the Agreements and examined and issued opinions on the bills which the Government must present to Congress pursuant to the Agreements. Aware of the need to encourage the widest possible participation of society in the peace process, the Commission held monthly meetings with governmental authorities and non-governmental leaders in the country’s interior (Alta Verapáz, Chimaltenango, Huehuetenango, Queztaltenango, El Quiché and San Marcos). These meetings and the forums set up to monitor the Agreements confirm the interest in the implementation of the Agreements that exists in the various departments and the role that the peace process can play in generating a culture of civic participation.

II. Verification of compliance with the commitments made in the Agreement on the Implementation, Compliance and Verification Timetable for the Peace Agreements

A. Comprehensive Agreement on Human Rights

5. The Comprehensive Agreement (A/48/928-S/1994/448, annex I) contains a number of general, ongoing commitments whose implementation is the subject of special semi-annual MINUGUA reports. The Mission’s seventh such report, covering the period from January to June 1997, was issued in September 1997 (A/52/330). The eighth report, covering the period from July to December 1997, will be issued in early 1998. The Comprehensive Agreement also contains two commitments which are subject to the implementation timetable. The first is the commitment to put into effect a programme of compensation for and/or assistance to victims of human rights violations which, together with the work of the Clarification Commission, will help to heal the wounds of the armed conflict and bring about national reconciliation. The Peace Secretariat (SEPAZ) approached relevant organizations for their views on the design of a programme presented during the first phase of the timetable. So far, the dialogue with non-governmental organizations has made little headway. Only two organizations provided SEPAZ with an analysis of the proposals for its compensation programme: the National Human Rights Coordinating Committee of Guatemala (CONADEHGUA) and the Consultative Assembly of Uprooted Population Groups (ACPD). The Government also sought the views of concerned individuals and organizations in regions affected by the armed conflict. The Mission values the Government’s efforts to consult the individuals and organizations concerned, although the programme has yet to be launched, and since this commitment will have to be rescheduled, suggests that this be done on the basis of the results of the consultations carried out thus far and keeping in mind that the Clarification Commission needs to submit its recommendations on compensation during the first half of 1998.