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Understandings Regarding the New York Agreement
I. REGARDING CLEANSING
The two members of the Armed Forces will not have access to the investigation stage that the ad hoc Commission will carry out nor will they be involved in the final stage of the investigation but they will be able to have access to its conclusions.
II. REGARDING REDUCTION
1. The execution of the plan of reductions will commence following the signing of the cessation of the armed conflict. The Government will present the reduction plan to the Secretary General, no later that the signing of cessation of the armed conflict.
2. The Secretary General will in due course make the reduction plan known to the FMLN prior to the signing of the cessation of the armed conflict.
III. REGARDING THE ARMED FORCES' EDUCATIONAL SYSTEM
1. The Military School will be governed by a Collegiate System if educational matters; its Director shall be the President of an Academic Council composed of military personnel and civilian academics. The members of the Academic Council will be appointed by the President of the Republic.
2. COPAZ will decide the number of members of the Academic Council which will be made up equally of military personnel and civilians.
3. The civilian members of the Academic Council will be designated on the basis of political pluralistic criteria by the President of the Republic from lists proposed by COPAZ.
4. The academic body will be appointed by the Academic Council which will ensure that no political tendency predominates within it.
5. The Director of the Military Academy will be appointed by the President of the Republic.
6. The admission system will be determined by the Academic Council and it will be ensure that the system is non-discriminatory.
7. COPAZ will specifically supervise compliance with articles 3,4 and 6.
IV. REGARDING THE NATIONAL PUBLIC SECURITY ACADEMY
1. The National Public Security Academy will be headed by a Director General and an Academic Council. The Academic Council will have regulatory functions within its field. The Director General will be the President of the Academic Council and will carry out executive and administrative functions of the Academy.
2. COPAZ will determine the number of members of the Academic Council. These will be civilians, short-listed by COPAZ on the basis of political pluralist criteria with the aim of being appointed by the President of the Republic.
3. The Director of the Public Security Academy will be appointed by the President of the Republic from a short list proposed by COPAZ.
4. The Academic body of the Academy will be appointed by the Academic Council. COPAZ will establish appropriate mechanisms to ensure that no political tendency predominates within its ranks.
5. The admission system will be determined by the Academic Council which will ensure that such a system in non discriminatory.
6. COPAZ will specially supervise articles 4 and 5.
V. REGARDING THE NATIONAL CIVILIAN POLICE (PNC).
1. The Director of the PNC will be appointed by the President of the Republic from a short list proposed by COPAZ.
2. The former combatants of the FMLN will be able to join the PNC provided that they comply with the criteria and the admission requirements established for that reason by COPAZ and approved by the Police Academy. All these matters will be supervised and guaranteed by COPAZ.
3. The transitional regime for the commencement of the PNC will be established by COPAZ. It will consider differentiated criteria and admission procedures according to the educational level and or the areas where the personnel will be recruited from and where they will be deployed. All these matters will be supervised by COPAZ.
VI. REGARDING SOCIO-ECONOMIC MATTERS
The Agreements of 3 July 1991 regarding occupied lands adopted between the Government and peasant organisations will be respected.
VII. FINAL UNDERSTANDING
The Government has accepted a degree of participation of former combatants of the FMLN in the National Civilian Police. As a result the FMLN has committed itself not to raise at the negotiation table the incorporation of its units to the Armed Forces nor to demand the dissolution of the Armed Forces. This understanding will take into account the drafting of the agenda. The FMLN reserves the right to demand the dissolution of the Armed Forces within its own political program as well as the aspiration that its militants can be incorporated within the Armed Forces within the framework of the new conditions of peace.
New York, 25 September 1991.
Representing the Government of El Salvador
Dr Oscar Santamaria
Colonel Mauricio Ernesto Vargas
Dr David Escobar Galindo
Representing the FMLN
Commandant Schafik Handal
Commandant Francisco Jovel
Commandant Eduardo Sanchez Ceren
Commandant Eduardo Sancho Commandant Joaquin Villalobos
Alvaro de Soto
Representative of the Secretary General of the United Nations
[Source: United Nations Department of Political Affairs]
Int. Criminal Law: Country List | Human Rights in El Salvador
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