NICARAGUA—NICARAGUAN RESISTANCE: PRELIMINARY CEASE—FIRE AGREEMENTSource: International Legal Materials, Vol. 27, No. 4 (JULY 1988), pp. 954-956Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20693241 .

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954

NICARAGUA-NICARAGU?N RESISTANCE^ PRELIMINARY CEASE-FIRE AGREEMENT*

[Done at Sapo?, March 23, 1988] +Cite as 27 I.L.M. 954 (1988)+

LL J. Background/Content Summary

The pt??liminary cease-fire agreement was concluded some seven months following the so-called Esquipulas II Agreements of August 7# 1987 [26 I.L.M. 1164 (1987)] whereby the' Presidents of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua set forth the procedures for establishing a firm and lasting peace in Central America. The preliminary cease-fire agreement has been extended beyond the 60-day period which began on April 1, 1988.

An agreement to fund the Verification Commission set forth in paragraph 9 appears at I.L.M. Page 957.

TEXT OF AGREEMENT - I.L.M. Page 955

[Introduction: Nicaragua and the Nicaragu?n Resistance (Contras) met at Sapo? 21-23 March 1988]

1. [60-day cease fire, starting 1 April 1988. During the cease fire, a definitive cease-fire shall be negotiated]

2. [Resistance Forces must locate in agreed-upon zones]

3. [Nicaragua shall grant amnesty to the former regime's (Somoza's) army members convicted for pre-revolution crimes

and to persons convicted under the Order and Public Security Law. The first 100 prisoners shall be released on Palm Sunday. One-half of the prisoners will be released when paragraph 2 is satisfied, the second half after a definitive cease-fire is agreed upon]

4. [Neutral organizations may supply humanitarian aid to irregular forces]

5. [Nicaragua shall guarantee freedom of expression]

6. [Up to 8 delegates of the Resistance Forces may attend the dialogue]

7. [Political refugees may return]

8. [Participation in elections shall be guaranteed]

9. [A Verification Commission shall verify compliance]

[Signed at Sapo?, Rivas, Nicaragua on 23 March 1988]

[Signatures]

[Witnesses]

*[Reprinted from the English translation provided to International Legal Materials by the U.S. Department of State.]

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955

TEXT OP PRELIMINARY CEASE-FIRE AGREEMENT

The Constitutional Government of the Republic of Nicaragua and the Nicaragu?n Resistance, meeting at Sapo?, Nicaragua, on March 21, 22, and 23, 1988, with the aim of contributing to national reconciliation within the framework of the Esquipulas II Agreements [26 I.L.M. 1164 (1987)] and in the presence of the witnesses, His Eminence Cardinal Miguel Obando y Bravo, President of the Episcopal Conference of Nicaragua, and His Excellency Ambassador Joao Cl?mente Baena Soares, Secretary General of the Organization of American States (OAS), have arrived at the following agreement:

1. Offensive military operations shall cease throughout the national territory for a period of 60 days beginning on April 1, 1988? During this period a process of comprehensive negotiation shall be conducted for the definitive cease-fire, the actual execution of which shall occur jointly with the other commitments contemplated in Esquipulas II, in order to end the war.

Both parties agree to meet at the highest level in Managua next April 6 in order to continue the negotiations for the definitive cease-fire.

2. During the first 15 days, the resistance forces shall situate themselves in zones whose location, size, and modus operandi shall be mutually agreed upon through special commissions in a meeting at Sapo? to begin on Monday, March 28.

3. The Government of Nicaragua shall decree a general amnesty for persons prosecuted for and convicted of violations of the Law for Maintenance of Order and Public Security, and for members of the former regime's army prosecuted for and convicted of crimes committed prior to July 19, 1979. In the case of the first group, the amnesty shall be a gradual one. In view of the religious feelings of the Nicaragu?n people on the occasion of Holy Week, th? release of the first 100 prisoners shall begin on Palm Sunday. Subsequently, when the entrance of the Nicaragu?n Resistance Forces into the mutually agreed zones is verified, 50 percent of the prisoners shall be released. The remaining 50 percent shall be set free on a date following the signing of the definitive cease-fire to be agreed upon at the April 6 meeting at Managua.

In the case of the prisoners covered by the last part of the first paragraph of this section, their release shall begin upon signature of the definitive cease-fire, subject to a report of the OAS Inter-American Human Rights Commission.

The OAS Secretary General shall be guarantor and depositary of the implementation of this amnesty.

4. For the purpose of guaranteeing food and basic supplies for the irregular forces, steps shall be taken to obtain exclusively humanitarian aid and only such aid shall be accepted, in accordance with section 5 of the Esquipulas II Agreements. That aid shall be channeled through neutral organizations.

5. The Government of Nicaragua shall guarantee unrestricted freedom of expression, as provided for in the Esquipulas II Agreement.

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956

6. Once the Nicaragu?n Resistance Forces are gathered in the mutually agreed zones, they shall send to the national dialogue as

many delegates as there are political organizations within the Resistance, up to a maximum of eight. The national dialogue shall address, among other topics, the issue of military service.

7. A guarantee is hereby given that all persons who have left the country for political or any other reasons, may return to Nicaragua and become part of the political, economic, and social processes with no type of conditions other than those established in the laws of the Republic. They shall not be tried, sanctioned, or prosecuted for any political-military activities in which they might have been involved.

8. The Government of Nicaragua confirms that persons who have been reincorporated into peaceful life may participate under equal conditions and guarantees in elections for the Central American Parliament, and in municipal elections, on the dates established for them, as well as in national general elections on the dates established in the constitution.

9. For purposes of verifying compliance with this agreement, a verification commission shall be created composed of His Eminence Cardinal Miguel Obando y Bravo, President of the Episcopal Conference of Nicaragua, and and His Excellency Ambassador Joao Clemente Baena Soares, Secretary General of the OAS.

Technical assistance and the necessary services for this Commission that would permit and expedite compliance with and follow-up and verification of this Agreement shall be requested from and entrusted to the OAS Secretary General.

Both Parties agree to extend until April 1, 1988, the cessation of offensive military operations that they agreed to on March 21, 1988.

In witness whereof, we, the undersigned, hereby sign this Agreement in four copies, all equally authentic, at S?po?, Rivas, Nicaragua on March 23, 1988.

For the Government of Nicaragua: General Humberto Ortega Saavedra, Minister of Defense

Hans J?rgen Wischnewski, Adviser; Paul Richler, Adviser

For the Nicaragu?n Resistance: Dr. Adolfo Calero Portocarrero, Director; Alfredo Cesar Aguirre, Director; Dr. Aristides Sanchez Herdocia, Director

Cease-Fire Commission for the Nicaragu?n Resistance: Jaime Morales Carazo, Chief Negotiator; Roberto Urr?z Castillo; Dr. Fernando Ag?ero Rocha; Walter Calder?n Lopez, Commandante Tono; Diogenes Hernandez Membre?o, Commandante Fernando; Arturo Salazar Barberena, Commandante Omar; Osorno Coleman, Commandante Blas; Adm. Ram?n Emilio Jim?nez, Adviser.

Witnesses: Cardinal Miguel Obando y Bravo, Ambassador Joao Clemente Baena Soares

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