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09Aug89
Tela Declaration endorsing the Joint Plan for the voluntary demobilisation of the members of the Nicaraguan resistance
UNITED
NATIONSDistr.
GENERALGeneral Assembly Security Council A/44/451
S/20778
9 August 1989
ENGLISH
ORIGINAL: SPANISHGENERAL ASSEMBLY
Forty-fourth session
Item 34 of the provisional agenda |*|
THE SITUATION IN CENTRAL AMERICA:
THREATS TO INTERNATIONAL PEACE AND
SECURITY AND PEACE INITIATIVESSECURITY COUNCIL
Forty-fourth yearLetter dated 9 August 1989 from the Permanent Representatives of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua to the United Nations addressed to the Secretary-General
We have the honour to transmit to you herewith the documents adopted at the meeting of the Presidents of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua held at Tela, Honduras, on 5, 6 and 7 August 1989.
These documents are:
(a) The Tela Declaration;
(c) The Agreement between Honduras and Nicaragua (annex II).
We should be grateful if you would have this note and its annexes circulated as an official document of the General Assembly, under item 34 of the provisional agenda, and of the Security Council.
(Signed) Carlos José GUTIERREZ
Ambassador, Permanent Representative
of Costa Rica to the United Nations(Signed) Roberto MEZA
Ambassador, Permanent Representative
of El Salvador to the United Nations(Signed) Francisco VILLAGRAN DE LEON
Ambassador, Permanent Representative
of Guatemala to the United Nations(Signed) Roberto MARTINEZ ORDOÑEZ
Ambassador, Permanent Representative
of Honduras to the United Nations(Signed) Alejandro SERRANO CALDERA
Ambassador, Permanent Representative
of Nicaragua to the United Nations
The Central American Presidents, meeting at the port city of Tela, Honduras, on 5, 6 and 7 August 1989, bearing in mind and recognizing the important work done by the Executive Commission at its ninth meeting and by the Technical Working Group, whose efforts have made this meeting possible,
Considering:
That the measures agreed in the Esquipulas II agreement for the establishment of a firm and lasting peace must be implemented and the commitments made subsequently by the Presidents in their declarations and agreements at Alajuela and Costa del Sol fulfilled,
Agree:
1. To confirm their determination to promote all efforts aimed at implementing points 5 and 6 of the Esquipulas agreement in order to prevent the use of their own territory to destabilize the Governments of Central American countries. Accordingly, they have endorsed the Joint Plan for the voluntary demobilization, repatriation or relocation in Nicaragua or third countries of the Nicaraguan resistance and their families and for assistance in the demobilization of all those involved in armed actions in the countries of the region when such persons voluntarily request it.
2. To promote, by direct means, concerted solutions to any disputes that may arise directly between the various countries of Central America. Accordingly, they have endorsed the agreement between Honduras and Nicaragua regarding the application filed with the International Court of Justice, which enjoys the moral support of the Presidents of Guatemala, El Salvador and Costa Rica.
3. To endorse the appeal to armed groups in the region, particularly to FMLN, that still persist in its use of force, to halt such activities. Accordingly, they have endorsed chapter III on assistance in the voluntary demobilization of FMLN, whereby FMLN is strongly urged to put an immediate and effective end to hostilities so that a dialogue may be carried out that will lead to a rejection of armed struggle and the integration of FMLN members into institutional and democratic life.
4. The Presidents acknowledge the efforts made by the Government of Guatemala to strengthen its process of national reconciliation through a wide-ranging, ongoing dialogue in which the National Reconciliation Commission is a leading participant. They also express their hope that this dialogue will be used to strengthen the democratic, pluralistic and participatory process, in keeping with point 1 of the Esquipulas Procedure and internal legislation. They reiterate the appeal to armed groups to abandon their activities, which violate the spirit of this agreement, and to enter political life through the national reconciliation process.
5. To request the United Nations to take the necessary steps for the establishment of the security machinery by virtue of which Honduras and Nicaragua have reached an agreement in which, inter alia, Honduras agrees to withdraw its reservation to implementation of the Plan. They also reiterate the request by Honduras concerning the dispatch of an international peace-keeping force to Honduran territory.
6. To confirm the decision taken by the Executive Commission at its ninth meeting to convene the Central American Commission on Environment and Development for the first time at Guatemala City on 30 and 31 August 1989, so that it can begin work on the draft convention setting out its nature and functions.
7. To reiterate the importance of the Central American Parliament as a forum in which the peoples of the region can discuss and make recommendations on political, economic, social and cultural problems in Central America. Accordingly, it is imperative that the treaty establishing the Parliament enter into force as soon as possible.
8. To condemn vigorously drug trafficking and use. The Central American Presidents agree to promulgate laws and take drastic measures to prevent the countries of Central America from becoming bases for drug trafficking. To this end, regional and international co-operation shall be sought and agreements concluded with nations affected by such illegal traffic, and activities for the effective control of drug trafficking shall be carried out.
9. The Central American Presidents agree to entrust the Executive Commission with the task of considering and adopting the document on political monitoring, which shall be ratified by the Presidents no later than at their next meeting.
As two years have passed since the signing of the Esquipulas II peace plan, the Presidents of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua reiterate their firm commitment to implement fully all commitments and agreements set out in the Guatemala Procedure and the Alajuela and Costa del Sol Declarations, particularly those which refer to the strengthening of democratic processes. Accordingly, strict compliance with these agreements is of fundamental importance.
The Central American Presidents agree to meet before the end of the year in Nicaragua.
The Central American Presidents express their gratitude to the people and Government of Honduras, and especially to its President, Mr. José Azcona Hoyo, for their hospitality.
Tela, Honduras, 7 August 1989
Oscar ARIAS SANCHEZ
President of the Republic of Costa RicaAlfredo CRISTIANI BURKARD
President of the Republic of El SalvadorVinicio CEREZO AREVALO
President of the Republic of GuatemalaJosé AZCONA HOYO
President of the Republic of HondurasDaniel ORTEGA SAAVEDRA
President of the Republic of Nicaragua
ANNEX I
Joint Plan for the voluntary demobilisation, repatriation or relocation of the members of the Nicaraguan resistance and their families, as well as assistance in the demobilisation of all those involved in armed actions in the countries of the region when they voluntarily seek it
The Presidents of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua,
Honouring their historic commitment to achieve a firm and lasting peace in Central America,
Remembering the Guatemala Procedure, adopted on 7 August 1987, and the Alajuela and Costa del Sol Declarations,
In accordance with resolution 637 (1989) adopted unanimously by the United Nations Security Council on 27 June 1989,
With the purpose of advancing toward achievement of the objectives of the Central American peace process and as a firm example of their decisive commitment to the full strength of the principles of international law, have agreed to this Joint Plan for the voluntary demobilization, repatriation or relocation of the members of the Nicaraguan resistance and their families, as well as assistance in the demobilization of all those involved in armed actions in the countries of the region when such persons voluntarily request it,
Chapter I
Voluntary demobilization, repatriation or relocation in Nicaragua or third countries of the members of the Nicaraguan resistance and their families.
Introduction
The purpose of this chapter is to develop what was agreed on by the Presidents in this matter, taking into consideration also:
(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 existing in the country, in which, after arrival at important political agreements on the democratic process, an appeal is made to the Central American Presidents for approval of the Plan for voluntary demobilization, relocation or repatriation.
This chapter defines the machinery and methodology for the voluntary demobilization, repatriation or relocation of the members of the Nicaraguan resistance, as well as the material and security conditions to be encountered by the persons covered by this Plan, which will be implemented with the co-operation of international organizations. This Plan will also apply to the voluntary repatriation or relocation of the families of the members of the Nicaraguan resistance and of Nicaraguan refugees, without prejudice to the agreements signed on this subject.
The Government of Nicaragua has made clear, in conformity with the Esquipulas Procedure and the Costa del Sol Declaration, its disposition to strengthen its process of national reconciliation and democratization, in order to encourage the voluntary repatriation of the Nicaraguan resistance and has accordingly determined to sign this Plan, which will try to achieve the repatriation of the majority, relocation in third countries being the exception.
The five Central American Governments reaffirm their commitment to halt the use of their own territory by persons, organizations or groups to destabilize other States and to cease all types of aid to armed groups, with the exception of humanitarian aid that serves the purposes that the Presidents have defined for this Plan.
Machinery
1. For the purposes of the execution and implementation of this Plan, an International Support and Verification Commission will be created, hereinafter called "CIAV", which the Secretary-General of the United Nations and the Secretary-General of the Organization of American States, who may act through their representatives, will be asked to form.
2. The International Support and Verification Commission (CIAV) should be established within 30 days of the signing of this agreement. The five Central American Presidents urge the Nicaraguan resistance to accept the execution of this Plan within 90 days of the date of the Constitution of CIAV. During these 90 days, the Nicaraguan Government and CIAV will maintain direct contacts with the Nicaraguan resistance in order to promote its return to the nation and its integration in the political process. At the end of this period, CIAV will submit a report on the implementation of this Plan, which will be submitted to the Central American Presidents.
3. CIAV will be responsible for all activities that make possible the voluntary dtmobilization, repatriation or relocation, including the reception and installation of repatriated persons at their destinations. In addition, it will ensure that necessary conditions exist or are maintained to permit the full incorporation of repatriated persons into civilian life and will carry out the follow-up and control that those processes require.
4. CIAV will carry out its activities with the collaboration of the Central American Governments and will seek the support of specialized organs or organizations with experience in the region and others that may be considered necessary and are officially invited by the Governments.
One of the objectives of that support will be to facilitate the execution of the Plan, and to that end it will collaborate in monitoring the full exercise of the fundamental rights and freedoms of those repatriated, as well as in efforts to ensure economic security.
5. Once established, CIAV will immediately proceed to
(a) Carry out necessary consultations with the authorities of the Government of Nicaragua, the other Central American Governments and the Nicaraguan resistance and officials of humanitarian organizations, as required for the purpose of expediting the execution of this Plan;
(b)Visit the camps of the Nicaraguan resistance and the refugees for the purpose of:
(i) Making known the achievements and benefits of this Plan;
(ii) Ascertaining existing human and material resources:
(iii) Organizing the distribution of humanitarian aid;
(c) Taking responsibility, as much as possible, for the distribution of food, medical attention, clothing and other basic necessities in the resistance camps through the support organs and organizations;
(d) Carry out negotiations for the reception by third countries of those who do not desire to be repatriated and give them the necessary assistance.
6. CIAV will issue a certificate to each Nicaraguan who takes advantage of this Plan and will put into effect a voluntary repatriation programme for those who desire to return to Nicaragua.
Exit and entry routes will be through the frontier posts set up by the Governments by mutual agreement. At these posts, the Government of Nicaragua, in the presence of representatives of CIAV will issue the necessary documentation to guarantee the full exercise of civil rights.
At the same time, the relocation in third countries of those who do not choose repatriation during the period of the execution of this Plan will be initiated. For that purpose, the Government of Nicaragua, with the co-operation of CIAV, will facilitate the issue of passports to those who apply for them.
The five Presidents exhort the international community to offer financial support to the present demobilization Plan.
Procedures
7. Upon its establishment, CIAV will determine the procedures by which it will, in compliance with the Plan for voluntary demobilisation, repatriation or relocation in Nicaragua or third countries proceed to receive arms equipment and military supplies from the members of the Nicaraguan resistance, which will remain in its custody until the five Presidents decide their destination.
8. CIAV will verify the dismantling of the camps left behind by tne resistance and Nicaraguan refugees.
9. Those repatriated will, if circumstances permit, be taken directly by CIAV to their places of final settlement, which will be chosen by mutual agreement between the Government of Nicaragua and CIAV. To that end, temporary residence areas may be estabished in Nicaragua, under the control and supervision of CIAV, while the final location is being determined.
Land, economic assistance and technical assistance will be provided to repatriated persons who wish to devote themselves to agricultural production, in accordance with the possibilities of the Nicaraguan Government, according to the experience of specialised international organisations and in accordance with the amount of funds obtained for such purposes.
10. In collaboration with the Government of Nicaragua, CIAV will establish reception centres capable of providing basic services, first aid, family counselling, economic assistance, transport to settlement areas and other social services.
11. In order to guarantee the necessary security for repatriated persons, CIAV will establish, from the beginning of the programme, follow-up offices so that people can, where necessary, expose any non-compliance with the guarantees originally offered for their repatriation. These offices will function as long as CIAV, in consultation with the Central American Governments deems them necessary.
Personnel from these offices will periodically visit the repatriates to verify compliance with this Plan and report thereon. The report shall be sent by CIAV to the five Central American Presidents.
12. Situations not envisaged in this chapter will be resolved by CIAV, in consultation with the Central American Governments and the institutions or persons involved.
Chapter II
Assistance in the demobilization of all persons involved in armed actions in the countries of the region when they voluntarily request it.
The objective of this chapter is assistance in the demobilization of all persons involved in armed actions in the countries of the region when they voluntarily request it. The demobilization of these persons should be carried out in conformity with the procedures of Esquipulas II and the laws and internal procedures of the country concerned.
CIAV may be officially invited by the Central American Governments to guarantee this assistance.
Chapter III
Assistance in the voluntary demobilisation of the members of FMLN.
In conformity with what was established in the Guatemala Procedure and the Alajuela and Costa del Sol Declarations and with the purpose of assisting in the cessation of the armed actions now being suffered by the Republic of El Salvador, the Governments of Costa Rica, Guatemala, Honduras and Nicaragua reiterate their firm belief in the necessity of an immediate and effective end to hostilities in this fraternal country. They therefore strongly urge the Frente Farabundo Martí para la Liberación Nacional (FMLN) to carry out a constructive dialogue for the purpose of achieving a just and lasting peace. Similarly, the aforementioned Governments urge the Government of El Salvador to arrange, with full guarantees and in the spirit of point II of the Guatemala Procedure, the integration of the members of FMLN into peaceful life.
The Government of El Salvador expresses its unequivocal respect for its commitments to national reconciliation and to continuing strengthening the existing process of pluralistic, participatory and representative democratisation by means of which social justice and full respect for all human rights and fundamental freedoms of Salvadorians is promoted.
Once FMLN agrees to abandon struggle and to incorporate itself into the democratic and institutional life by means of dialogue, the mobilisation of the members of FMLN will proceed with the use of the procedure laid down in chapter 1 of this Plan, where applicable, with the modifications required by the situation and for the purpose of facilitating their demobilization.
The above notwithstanding, members of FMLN who at any moment voluntarily decide to abandon their arms in order to incorporate themselves into the civilian political life in El Salvador will also enjoy the benefits of this Plan. To that end, the Government of El Salvador, by means of CIAV and adequate national and international procedures, exhorts such persons to accept and receive the benefits established here, using all the appropriate available means.
Agreed and signed in the city of Puerto de Tela, Honduras, on 7 August 1989.
Oscar ARIAS SANCHEZ
President of the Republic of Costa RicaAlfredo CRISTIANI
President of the Republic of El SalvadorVinicio CEREZO AREVALO
President of the Republic of GuatemalaJose AZCONA HOYO
President of the Republic of HondurasDaniel ORTEGA SAAVEDRA
President of the Republic of Nicaragua
ANNEX II
The President of the Republic of Honduras, José Azcona Hoyo, and the President of the Republic of Nicaragua, Daniel Ortega Saavedra,
Acting in their capacity as the Executive Heads of their respective States and enjoying the moral and political support of President Marco Vinicio Cerezo Arevalo of Guatemala, Alfredo Cristiani of El Salvador and Oscar Arias Sánchez of Costa Rica,
Motivated by the noble task of maintaining peace, cordiality and co-operation among the Republics of Nicaragua and Honduras, countries united by close historical ties of friendship and brotherhood,
Recalling the commitment undertaken in the Esquipulas agreements of 7 August 1987 not to allow their territory to be used for the purpose of attacking other States,
Bearing in mind also the Costa del Sol Declaration of 14 February 1989, in which the Central American Presidents undertook "to draw up, within a period not exceeding 90 days, a joint plan for the voluntary demobilization, repatriation or relocation in Nicaragua or third countries of members of the Nicaraguan resistance and their families", and
Motivated by the desire always to be able to avail themselves of peaceful means for the settlement of disputes, including recourse to the International Court of Justice, in resolving any situations or disputes that may threaten peace and security between the two States,
Have agreed
To reach an extrajudicial agreement regarding the legal action instituted by Nicaragua against Honduras before the International Court of Justice on 28 July 1986. This agreement is based on the following:
(a) As an agreement was reached on 7 August 1989 on the Joint Plan for the voluntary demobilization, repatriation or relocation of the Nicaraguan resistance and their families, implementation of the Plan should commence as soon as the International Support and Verification Commission (CIAV) is established, no later than 6 September 1989, and should be completed 90 days after the commencement, with the Secretary-General of the United Nations and the Secretary-General of the Organiaation of American States certifying that the Plan has been fully implemented.
(b) Bearing in mind that the presence of the contras, and their camps does not contribute to the development of the democratic process already under way in Nicaragua, the President of Honduras undertakes to make official, in the appropriate manner, his Government's request to the United Nations Security Council for the establishment and dispatch to Honduran territory of an international peace-keeping force to prevent the use of territory by irregular forces.
(c) When all of the above has been completed and the corresponding report on the implementation Plan has been issued by CIAV, in accordance with the Joint Plan for demobilization, Nioaraqua shall withdraw the application it has filed against Honduras with the International Court of Justice.
The President of Nicaragua, confident that the Government of Honduras will co-operate fully to ensure that the Joint Plan for demobilization is implemented in good faith within the period of time specified in the Plan, agrees that the Government of Nicaragua shall request the International Court of Justice to extend the deadline set for the submission of the memorandum on the merits of the application until the date on which, according to the Joint Plan, the official report on the implementation of the Plan is to be submitted.
When Nicaragua receives the official report from CIAV on the implementation of the Joint Plan under the agreed terms, Nicaragua shall withdraw the application filed against Honduras with the International Court of Justice.
Done at Tela, Republic of Honduras, on 7 August 1989.
Daniel ORTEGA SAAVEDRA
President of the Republic
of NicaraguaJosé AZCONA HOYO
President of the Republic
of Honduras
Notes:
International Criminal Law:
Country List | Human Rights in Nicaragua
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