AGREEMENT ON THE ESTABLISHMENT OF A COMMISSION
FOR THE HISTORICAL ELUCIDATION OF THE VIOLATIONS
TO HUMAN RIGHTS AND VIOLENT ACTIONS THAT HAVE CAUSED
SUFFERING TO THE GUATEMALAN POPULATION
Oslo, Noruega, 23 of june of 1994
Considering that the contemporary history of our country registers grave acts of violence, of lack of respect for the fundamental rights of the people and for the suffering of the population, linked to the armed confrontation;Considering the right of the people of Guatemala to know the truth about these happenings, and that elucidating them shall contribute to avoid the repetition of these sad and painful pages and to fortify the process of democratization in the country;Reiterating its will to comply fully with the global agreement on human rights of March 29, 1994; reiterating its will to initiate as soon as possible a new chapter in the national history that as a culmination of an ample process of negotiation puts an end to the armed confrontation, contributing to set the bases for Guatemalans to live together peacefully and respectful of human rights.Considering, in his context, the need to promote a culture of concordance and mutual respect that eliminates all forms of retaliation and revenge, which is an indispensable condition for a firm and lasting peace.The Government of Guatemala and the Guatemalan National Revolutionary Unity (from here on “the Parties”) agree the following:To establish a Commission with the following characteristics:
I. To clarify with complete objectivity, fairness and impartiality the violations to human rights and the violent actions, linked to the armed confrontation, which have caused suffering to the Guatemalan population.II. To make a report that contains the investigations carried out which offers objective elements of judgment of the events that occurred during this period covering all the internal and external factors. III. To make specific recommendations oriented to favor peace and national concordance in Guatemala. The Commission shall recommend, particularly, measures to preserve the memory of the victims, to foment a culture of mutual respect and observance of human rights and to strengthen the democratic process.
The period that the Commission shall investigate will be from the beginning of the armed confrontation until the subscription of the Firm and Lasting Peace Agreement.
I. The Commission shall receive background and information given by the persons or institutions that consider themselves affected, as well as by the Parties. II. The Commission is obligated to clarify these situations fully and detailed. Particularly, it shall analyze impartially the factors and circumstances that influenced such cases. The Commission shall invite everyone that could have pertinent information to present its version of the facts. The nonappearance of the interested parties shall not impede the Commission to pronounce itself on the cases. III. The work, recommendations and reports of the Commission shall not individualize responsibilities nor shall they have juridical purposes or effects.IV. The actions of the Commission shall be reserved to guarantee the secrecy of the sources as well as the safety of the witnesses and informers. V. Once it is constituted, the Commission will make public its constitution and headquarters through all the means possible and shall invite the interested persons to deposit their information and testimonies.
The Commission shall count with three members, who will be:I. The present moderator of the peace negotiations, whose appointment shall be requested to the General Secretary of the United Nations.II. One member, a citizen of irreproachable conduct, appointed by the moderator, by mutual agreement of the Parties.III. An academic person elected by the moderator, by mutual agreement of the Parties, with the required qualifications to comply with the functions.
INSTALLATION AND DURATION
The Commission will be integrated, installed and begin to function as of the day of signing the Firm and Lasting Peace Agreement. The work of the Commission shall last a period of six months as of its installation, extendible for six more months, if the Commission decides to do so.
The Commission shall write a report that shall be given to the Parties and to the General Secretary of the United Nations, who shall make it public. The fact that it was not possible to investigate all cases or situations presented to the Commission, does not invalidate the report
COMMITMENT OF THE PARTIES
The parties commit to collaborate with the Commission in everything that is necessary to comply with their mandate. They commit, in particular, to create prior to the integration of the Commission and during its functioning, the indispensable conditions for it to fulfill the characteristics established on this agreement.
According to the Framework Agreement of January 10, 1994, the compliance of this agreement is subject to the international verification by the United Nations.
IMMEDIATE EXECUTION MEASURES AFTER SIGNING THIS AGREEMENT
The Parties agree to request the General Secretary for the appointment as soon as possible of the moderator of the negotiations as member of the Commission. After his appointment, the latter shall be authorized to make as of then, all the necessary negotiations to prepare the good functioning of the Commission once it is integrated and installed according to the provisions of this agreement.