COLEGIO INTERAMERICANO DE DEFENSA
Fuerte Lesley J. McNair
Washington D.C.
TRABAJO DE INVESTIGACION ACADEMICA
THE PEACE ACCORDS AND THE
TRANSITION
OF EL SALVADOR’S ARMED FORCES.
POR
Tcnel DAN C.
MEYER
ESTADOS UNIDOS
DE AMERICA
WASHINGTON, DC., MAYO DE 2000
The
Chapultepec Peace Accords, which brought an end to the 12-year civil war in El
Salvador, represent one of the most significant negotiated settlements in
recent history. In addition to ending
the armed conflict, the Accords also resulted in substantial reforms to the
Armed Forces and provided the basis for creating a new civil-military
relationship in that country.
The
Peace Accord process reflected the recognition on the part of both the
Government of El Salvador and the Farabundo Marti National Liberation Front
(FMLN) that a military resolution to the conflict was not feasible and a
negotiated, political settlement was inevitable. The conflict and related negotiation process came at time when
the Armed Forces had exercised almost 50 years of direct involvement in
politics and had only recently transferred political control of the country
back into the hands of a civilian government.
It was evident from the beginning of the negotiation process that in
order to resolve the root causes of the conflict the political influence and
autonomy of the Armed Forces would have to be reduced. As a result, a major portion of the Peace
Accords addressed the reduction and restructuring of the Armed Forces and
mandated an independent review of the officer corps in the form of an Ad Hoc
Commission.
In response to the question
of which side emerged from the negotiation process a winner it can only be said
that there was no single victor. Just
as neither side could claim a complete military victory on the battlefield, neither
could the Government or the FMLN claim that they achieved all that their goals
at the bargaining table. Both sides
made concessions, obtained part of their demands, and moved from their initial
positions in order to reach an agreement.
The negotiations focused on not only putting an end to the conflict, but
also addressed access to and the exercise of power.
The Peace Accords and related civil-military reforms put into
motion three simultaneous transitions: from war to peace, militarization to demilitarization,
and from authoritarianism to democracy.
These three transitions were not isolated events and there was much
overlap in the various fields.
The
negotiated settlement in El Salvador offers a unique opportunity to review not
only the process employed to resolve the armed conflict, but also the impact of
the Peace Accords on the Armed Forces and civil-military relations in El
Salvador. While this paper will briefly
review the peace negotiation process, it will focus on the latter issues.
This
study is divided into the following sections:
Section I, Historical Antecedents:
1932 – 1979, reviews Armed Forces direct involvement in politics during this
period and outlines the work of a series of military governments. What is important about this period is the
almost 50 years of direct military involvement in politics.
Section II, The War Years: 1979-1992,
discusses the formal transfer of political control from the military back to
civilian hands while the Armed Forces retained a great deal of political
autonomy. It is suggested that the
political power of the Armed Forces may actually have expanded during this
period in response to the demands of the ongoing civil war. Alfred Stepan’s concept of 11 military
prerogatives is introduced and used to judge the degree of military autonomy
possessed by a 1980’s Armed Forces institution.
Section
III, Negotiating Peace: The Peace Accord Process, reviews the peace negotiation
process and highlights the results of the various meetings and negotiating
sessions leading to the Chapultepec Peace Accords. The role of the United Nations was key to this process and became
impetus for continued negotiation and eventual agreement to end the conflict.
Section
IV, Requirements of the Chapultepec Peace Accords, outlines the 13 requirements
for the Armed Forces established by the Peace Accords. These requirements, which can be summed up
as reduction, restructure and officer corps purge, resulted not only in changes
to the Armed Forces, but also to civil-military relations in El Salvador.
Section
V, Armed Forces Implementation of Peace Accord Requirements, discusses how the
Armed Forces reacted to and implemented the 13 changes required by the Peace
Accords. This section is divided into
two time periods, 1992-1995 and 1995-1999 and includes charts comparing the
1983 Constitution with the 1992 reforms.
Additionally, Alfred Stepan’s concept of 11 military prerogatives is
again applied in order to demonstrate how the Armed Forces, as an institution,
transitioned to greater civilian control as a result of the Peace Accords and
related Constitutional changes.
Section
VI, Impact of Reforms on Military Professionalism and Civil-Military Relations
suggests that the reform initiated as a result of the Peace Accords had a
positive affect on Armed Forces Professionalism and, as a result, the
likelihood of direct involvement in politics is reduced. This section also points out the need for
increased understanding and involvement on the part of the government and civil
society with regards to National Security and defense related issues.
Section VII, Conclusion, briefly
reviews the impact of the Peace Accords on the Armed Forces and points out that
the process did not result in increased friction between the Armed Forces and
the Government of El Salvador.
Additionally, it is suggested that the negotiation process that was
successful in this case cannot be applied in its entirety to other conflicts in
the Hemisphere. To do so would be
ignoring country and situational specific factors that could result in improper
concessions in an attempt to end a conflict.
Between
1932 and 1979, El Salvador was ruled by what has been referred to as a
“civil-military alliance between an agro-exporting (coffee) oligarchy and a
Praetorian Guard. Presidents were
generals (or colonels) and the country’s economic survival in the global
economy…depended precariously on a single agricultural commodity: coffee.”[1] The military governments distrusted civilian
politicians and considered it a constitutional duty to take power and correct
corruption. The Armed Forces, as an
institution, was convinced that it was the sole entity capable of governing and
directing the country.
Direct control of Salvadoran
society by the Armed Forces began on 2 December 1931 when the army ousted
reformist President Arturo Araujo, who had served only 11 months in office.
Araujo’s Minister of Defense, General Maximiliano Hernandez Martinez assumed
control as provisional president. While
this was not exceptional by Latin American standards of the time, what is
exceptional is that it marks the beginning of almost 50 years of uninterrupted
political denomination by the Salvadoran Armed Forces. The proximate cause of
the coup was discontent on the part of junior officers who had not been paid or
received funds for food and unit administration for almost nine months. However, as Williams suggests, what was much
more important was the decision of the military to settle into the government
for the long term. [2] (See Table 1 for a list of the heads of
state between 1931 and 1979)
In
January 1980, in response to the chaotic social and political climate in the
country, the Armed Forces entered into an alliance with the Christian Democratic
Party and organized a civil-military junta.
This coalition was the first step in transferring the executive branch
of government back to civilian control.
In 1982 a Constituent Assembly was elected and produced a series of
constitutional amendments. This
assembly eventually transferred power to Alvaro Magana, who served as interim
president until 1984 when presidential elections were held.
After
almost 50 years of direct involvement in politics, the Armed Forces transferred
control back to the hands of civilians.
While the Armed Forces, as an institution, was no longer directly
involved politics, it was not devoid of political power. In fact, its political power may have
increased in response to the demand of a civil war.
Ironically,
during the 1980’s process of transferring formal political control of the
nation back to a civilian administration, the Armed Forces maintained a
sizeable amount of political power and institutional autonomy. While one would expect that the transfer of
power to civilian rule would result in a marked reduction in the amount of
political power wielded by the Armed Forces, this was not the case. Thus the
1980’s transfer of power was not complete and while the Armed Forces did retreat
from formal political involvement, it did not give up its ability to control
events that affected institutional interest.
According to Williams, this was possible due to four conditions: (1) the context of the civil war, (2) a
series of political pacts between the Armed Forces and civilian political
powers, (3) internal factionalism within the officer corps, and (4) U.S.
military assistance. Additionally, the
Armed Forces became less dependent on the oligarchy and increasingly depended
on its own set of priorities aimed at protecting institutional interests.[3]
The military expanded its
functions during the war years and the officer corps maintained its view that
the Armed Forces was the only institution capable of saving the nation and
ensuring public order. Some officers
believed that they were the guardians of the nations’ permanent interests
against internal and external threats.
This line of thinking, not specific to El Salvador, was best expressed
in an article entitled “El Ser Militar”
(published in El Soldado magazine
of January-February 1984):
The
carnal, concrete, living expression of the Fatherland in sovereignty is the
armed forces, whose mission is the defense of unity, of integrity and of honor,
as well as everything essential and permanent in the country: The Supreme
interests of the Nation.[4]
Despite the fact that the Armed
Forces had allowed limited political opening during the 1980’s, they maintained
the right and ability to intervene when they perceived that the institution was
being threatened. The control that the
Armed Forces exercised during this period was a considerable obstacle to
further advances in civil-military relations and civil control of the Armed
Forces. As Stepan has suggested,
prolonged military rule can leave important legacies that present powerful
obstacles to democratic consolidation.[5]
The
amount of power maintained by the Armed Forces manifested itself in the wide
array of prerogatives retained by the institution during the 1980’s. The
concept of military prerogatives, as defined by Alfred Stepan, refers to those
areas where, whether challenged or not, the military as an institution assumes
they have an acquired right or privilege, formal or informal, to exercise
effective control over its internal governance, to play a role within
extramilitary areas within the state apparatus, or even to structure
relationships between the state and political or civil society. When the military is classified as having a
“low” prerogative it is because effective control over this prerogative is
exercised by officials, procedures, and institutions sanctioned by the
democratic regime.[6]
Many of these prerogatives were safeguarded by
the 1983 Constitution, which charged the military with responsibility for
ensuring national defense and internal order as well as defending the
democratic system of government. Table
2 shows the status of Alfred Stepan’s 11 military prerogatives in the period
after the 1983 Constitution.
III. Negotiating Peace: The Peace Accord Process[7]
On
7 August 1987 in Esquipulas, Guatemala, the Presidents of the five Central
American nations signed the “Procedure for the Establishment of a Firm and
Lasting Peace in Central America.” Some
refer to this agreement, which requested all Governments concerned to terminate
support for insurrection and to prevent the use of their territory for the
destabilization of other countries, as a start down the long road to peace in
El Salvador.
Specific
talks about peace in El Salvador began in March 1989 when newly elected
president Alfredo Cristiani called for discussions with the Farabundo Marti
National Liberation Front (FMLN). In
May, the FMLN met with members of the United Nations asking for increased UN
participation in seeking a negotiated solution to the war.
In
August 1989 in Tela, Honduras, the Presidents of the Central American nations
met to discuss the peace process in Nicaragua.
In addition to addressing the situation in Nicaragua, the Tela
Declaration called for the Government of El Salvador and the FMLN to engage in
a constructive dialogue and to end the conflict by political means.
In
addition to internal efforts to end the conflict, there was pressure applied
from other governments in the hemisphere.
As Juhn points out
“International pressure on both sides – the government and the FMLN – to
negotiate a cease-fire was immense from the start, and increased every
day.” In addition to the United States,
countries such as Mexico, Spain, Venezuela, Cuba, and Nicaragua urged El
Salvador to negotiate a cease-fire.[8] What follows is a summation of the various
negotiating sessions.
15 September
1989, Mexico City, Mexico.
The Mexican Accords defined
the conceptual framework of the negotiations and established procedural rules
for the negotiations. Both the
Government of El Salvador (GOES) and the FMLN agreed that the object of the
negotiations was to end the armed conflict as quickly as possible, assist with
the democratization of the country, and reunify the Salvadoran people. Observers included the United Nations,
Organization of the American States, and the Catholic Church.
16 – 18
OCTOBER 1989, SAN JOSE, COSTA RICA.
This meeting involved
members of the GOES and the FMLN, as well as representatives from the Catholic
Church, United Nations, and Organization of American States. The San Jose Accords established the
necessity to achieve agreements that would permit a cease to the military
confrontation, to work in a manner respectful of the rights of the civilian
population, and to create a timeline for the cessation of hostilities.
The GOES presented a document titled “The Proposition of the Government of the Republic to Attain Peace, Consolidate Democracy, and Reunify Salvador’s Society.” This document drew heavily on the Esquipulas II and Tela peace accords. This document proposed an immediate end to hostilities, and included a promise that the GOES would protect the members of the FMLN and would integrate the FMLN into the political system of the country. The GOES offered, in this document, to assist with the formation of an FMLN political party, equal to other political parties that existed in El Salvador.
The
GOES demanded an immediate cease-fire and the unconditional surrender of the
FMLN, which the GOES considered to be incapable of a military victory. This meeting in San Jose also established 20
and 21 November 1989 as the dates for the next meeting, which was to be held in
Caracas, Venezuela. The FMLN, surmising
that the GOES was not serious about negotiating a settlement, launched a
military offensive, beginning on the 11th of November, which brought
the war to the capital. While no
meeting took place in November, the offensive did serve to bring both sides
back to the negotiating table.
Despite the fact that
initially, the FMLN had threatened to make this session little more than a
“protocol meeting,” it turned out to be much more. The Geneva Accords committed both sides to a rapid and
uninterrupted negotiation to end the armed conflict in El Salvador. It also bound the GOES and FMLN to work with
the United Nations, and established ground rules for the involvement of other
interested governments and political groups.[9]
Subsequent to a GOES request
for the United Nations to intervene and facilitate with negotiations and an
acceptance of UN intervention on the part of the FMLN, the UN agreed to work
with the peace process. The UN pointed
to United Nations Security Council Resolution 637, Esquipulas II, and the San
Isidro Coronado agreement were cited as terms of reference for UN involvement.
The UN received from both the GOES and FMLN an assurance to work in good faith
to search for a negotiated settlement to the conflict.
The
Declaration of Geneva formalized the objectives of negotiations as:
·
Ending
the armed conflict as quickly as possible
·
Assisting
with the democratization of the country
·
Guaranteeing
absolute respect for human rights
·
Unifying
the Salvadoran people
As de Soto and del Castillo
explain:
The ultimate goal of the
peace negotiations became the establishment of the necessary guarantees and
conditions for reintegrating the members of the FMLN, within a framework of
full legality into the civil, institutional, and political life of the
country. The FMLN viewed their
reinsertion into society through three different channels that included
participation in political activities, in the new National Civil Police, and in
agricultural production.[10]
Under the guidance of UN
representative Alvaro de Soto, the Caracas Accords established a General Agenda
and a calendar for completing the negotiation process. Additionally, these accords restated the
objectives of the peace negotiations as established in the Declaration of
Geneva.
The
GOES presented four points for discussion during this meeting: the electoral
system, human rights, the judicial system, and the restructuring and evaluation
of the Armed Forces. With regards to
discussions on the Armed Forces, the GOES was careful to establish that the
existence of the Armed Forces as an institution was not in question. With regards to this, the GOES stated that
“the restructuring and institutional evolution of the Armed Forces are
important questions to be discussed in the dialogue process, but the existence
itself of the Armed Forces is under no circumstances a point of discussion.[11]
On
14 June 1990, the UN stated that the talks held in Caracas would continue in
Oaxtepec, Mexico in order to have additional discussion concerning the
restructuring of the Armed Forces. This was the first time the two sides
addressed the idea of a “purge” of the Armed Forces and both sides were
unwilling to compromise on issues concerning the Armed Forces. While the FMLN demanded an Armed Forces
reduction, the GOES ruled out any reduction in force without an agreement from
the FMLN to end the war. The issue of
the Armed Forces emerged as key to the entire negotiation process. Despite much
discussion and presentation of opposing views on the Armed Forces theme, no
agreement or signed accords resulted from this meeting.
These talks produced the
first substantial agreement in the negotiation process with relation to the
respect and guarantee of human rights.
The San Jose Accords were fundamental to the creation and deployment of
the United Nation Observer Mission in El Salvador (ONUSAL). As a result of the San Jose Accords, the UN
Security Council passed Resolution 693 and on 6 September 1991 authorized the
opening of an ONUSAL office in San Salvador.
Initially, the ONUSAL office mission was to begin its duties at the end
of the conflict, however both the GOES and the FMLN independently requested
that the ONUSAL mission be set up before the cease-fire was in place.
The ONUSAL mission, from the beginning, was to have a
multi-disciplinary approach and would focus on human rights. ONUSAL represented the first time the United
Nations had been asked to help resolve an internal conflict in the Western
Hemisphere and was also the first UN mission to include Human Rights and Police
divisions in conjunction with traditional peacekeeping functions.[12]
After
the signing of the San Jose Accords, the GOES and FMLN met two more times in
San Jose (August and September 1990) but were unable to come to any agreement
concerning the Armed Forces.
Negotiations were stalemated over the issue of Armed Forces impunity and
purging. Discussions became
confrontational as the FMLN continued with their demand that the Armed Forces
be completely dismantled, while the GOES refused to discuss the issue without a
cease-fire commitment from the FMLN.
With negotiations seemingly
at an impasse, the UN assumed a more active role in the negotiation
process. In an attempt to break the
negotiation impasse, UN representative Alvaro de Soto proposed the idea of a
foreign, independent investigation team to address the issue of Armed Forces
impunity. This proposal would
eventually become the basis for the UN Truth Commission. Alvaro de Soto’s proposals and determination
to keep the negotiations moving was a key factor in the process and ultimately
resulted in the UN writing most of the Peace Accords. As Montgomery points out, “Alvaro de Soto presided over the
negotiating table while Pedro Nikken wrote almost all the accords.”[13]
4 – 27 APRIL
1991, MEXICO
This three-week negotiating
session resulted in a several agreements concerning human rights, the electoral
process, the judicial system, and the Armed Forces. These accords, in addition to creating the Truth Commission,
called for the Salvadoran Legislative Assembly to ratify a series of
constitutional reforms in the areas listed above. The reforms were presented to
the legislative assembly on 30 April 1991 and amendments to the Constitution
were ratified by the legislative body in the following months.
The Mexico Accords also
included a unilateral declaration by the FMLN stating its opposition to Article
211 of the El Salvador Constitution where the Armed Forces were described as a
“permanent institution in service to the nation.”[14] The FMLN maintained that this statement was
incompatible with their position on the matter.
With
regards to the Armed Forces, these accords outlined a new focus for the
institution that limited its involvement in internal security and intelligence
operations. As historian Knut Walter
points out, the accords signed in the city of Mexico began to define a new role
for the Armed Forces, mentioning specifically its subordination to civil
authority and disengaging from public security and state intelligence. Additionally, the Armed Forces were to have
a new focus on professional development consistent with human rights and
democratic values.[15]
A
series of talks held between May and September centered on the persistent
problem of Armed Forces reform and cease-fire.
As UN negotiator Alvaro de Soto explained, it was “difficult for the
government to agree to reforms to the armed forces … except within the
framework of a cease-fire; at the same time, it is difficult to imagine the
FMLN accepting a cease-fire unless there are reforms to the armed forces.”[16]
This agreement between the
GOES and the FMLN moved the two sides closer to an end of hostilities and
resulted in several concessions. The
FMLN dropped an earlier demand that it be incorporated into the Armed Forces in
exchange for a promise of involvement with the new National Civilian
Police. Additionally, the FMLN no
longer expressed an objection to the “permanent character” of the Armed Forces
as defined in the constitution.
The New York Accords also
created the National Commission for the Consolidation of Peace (COPAZ),
established the Ad Hoc Commission to conduct a purge of the Armed Forces and
addressed Armed Forces reductions, doctrine changes, and education system
reviews. Other issues addressed in this
accords included:
-
Dissolution
of the National Guard and Treasury Police
-
Dissolution
of the Directorate of National Intelligence (DNI)
-
Creation
of the State Intelligence Organization (OIE)
-
Dissolution
of the Immediate Reaction Battalions (BIRI)
-
Suspension
of forced recruiting
The years of negotiations
and various accords all played a role in ending the war and providing an
impetus for change in El Salvador. As
Montgomery points out, the negotiations between the GOES and the FMLN were
trying to change a whole society and not just bring an end to an 11 year-old
civil war.[17]
THE
CHAPULTEPEC PEACE ACCORDS.
On 31 December 1991, in the
last 30 minutes of Javier Perez de Cuellar’s tenure as UN Secretary General, an
agreement was reached on the remaining key issues. This cleared the way for the signing of the Chapultepec Peace
Accords that would put an end to the conflict. Both sides agreed that the final
negotiations would take place between 2 – 13 January in New York and that the
final accords would be signed on 16 January 1992, in Chapultepec Castle, Mexico
City. Both the GOES and the FMLN agreed
to order their troops to stand down on 31 January, and begin a cease-fire on 1
February 1992.
The Chapultepec Accords, in addition to putting an
end to the 12-year civil war, had a profound effect on Salvadoran society. As Walter points out, the Document also
summed up the aspirations of various generations of Salvadorans, both military
and civilians, who longed for a democratic society. Additionally, Walter states, the accords served to put an end to
years of confrontation between the ruling regime, backed up by the Armed Forces
and the Salvadoran Marxist left.[18]
The Chapultepec Accords
focused on four broad themes: 1) The role of the Armed Forces; 2) the creation
and strengthening of democratic institutions; 3) economic and social matters;
4) the end of the FMLN military structure and the reentry of its members into
the Salvadoran society and political system.
While these accords did
address social issues, economic matters, and the strengthening of democratic
institutions, the document deals principally with the restructuring of the
Armed Forces. More than half of the
document is dedicated to establishing requirements for changes in the Armed
Forces. Major topics addressed include
the following:
-
Armed
Forces Doctrine
-
Armed
Forces Education System
-
A
purge of the officer corps by the Ad Hoc Commission
-
A
reduction in the organization, personnel, and equipment
-
Military
budget
-
Public
Security Forces
-
Transfer
of Intelligence Service responsibilities
-
Dissolution
of the Immediate Reaction Battalions (BIRI)
-
Subordination
to civil authority
With regards to the
importance of the Chapultepec Accords, GOES negotiator David Escobar Galindo
points out that the agreement…”does not distribute political power, it
distributes sacrifices. It was a way of
putting actors in the role each belonged in.
It fundamentally changed the power structure by reshaping the armed
forces. They used to be the heart of
power. No decision was ever made
without them. No more.”[19]
The Chapultepec Accords
established the following doctrinal changes, based on the constitutional reform
agreed to in April 1991, for the Armed Forces:
a.
The
mission of the Armed Forces is to defend the sovereignty of the state and
maintain the integrity of state territory.
b.
The
Armed Forces is a permanent institution in service to the nation. It will act in an obedient, professional,
apolitical, and non-deliberative manner. The Armed Forces, as an institution,
is subordinate to constitutional authority.
c.
The
Armed Forces will respect the political order as determined by the people and
will support political and social change as a result of democratic principals
established in the constitution.
d.
The
Armed Forces have an instrumental, non-decision-making role in the political
arena. As such, only the President of
the Republic and the basic organs of government may use the Armed Forces to
implement the provisions adopted within their respective constitutional areas
of responsibility.
e.
Armed
Forces doctrine is based on a clear distinction between the concepts of security
and defense. Defense, which is the
guarantee of sovereignty and the protection of territorial integrity against an
external military threat, is the responsibility of the Armed Forces. Security, a much broader concept that
includes economic, social, and political factors, is the responsibility of
other sectors of the state and society.
Security is based on the unrestricted respect for the individual and the
social rights of individuals.[20]
f.
The
maintenance of internal peace, order, and public security is outside of the
normal mission parameters of the Armed Forces.
Any Armed Forces participation in internal security missions will be on
an exceptional basis, when normal means have been exhausted. The use of the Armed Forces in such a
mission will be in accordance with the Constitutional reforms of April 1991.[21]
Changes
in the Armed Forces education system dictated by the Peace Accords were
designed to put emphasis on the “preeminence of human dignity and democratic
values, respect for human rights, and the subordination of the Armed Forces to
constitutional authority.”[22] The legal framework for the Armed Forces
educational system was based on articles 212 and 213 of the constitutional
reforms agreed to in April 1991.
Among
other requirements, the accords directed that the Armed Forces education system
be reformed to provide instruction not only in military material, but also
humanities and science courses. The
goal of these changes was to provide a curriculum that would prepare cadets as
citizens in a democratic society. The
accords also called for an increase in the number of Armed Forces personnel
studying in civilian universities in the country. A board of academic advisors was created at the military academy
to supervise the school curriculum, faculty, and admissions procedures. This
advisory board is headed by the director of the military academy and composed
of three civilians and three military officers. The accords stipulated that the
President of the Republic would appoint the members of the advisory board, as
well as the academy director.
The
requirement which perhaps had the greatest impact on the Armed Forces as an
institution was the establishment of an “Ad Hoc Commission” to review and
evaluate the officer corps. The
evaluation would be based on the following three areas;
a.
Personal
conduct and compliance with the law, with particular emphasis on respect for
human rights. In addition to personal
conduct, an officer’s conduct in command will be reviewed.
b.
Professional
competence.
c.
The
ability to adjust to changes in society, to participate in a democratic
society, to guarantee the protection of human rights, and to reunify the
Salvador society.
The existence of serious
deficiencies in any one of the above areas could
be sufficient grounds for the “Ad Hoc Commission” to
recommend change of duty or discharge.
The “Ad Hoc Commission” was
composed of three civilians and two Military officers. The three civilians were selected by the
Secretary General of the United Nations based on their impartiality and
irreproachable support of democratic principles. The President of the Republic, using the same criteria, selected
the military officers. The military
officers were to participate in the commission’s deliberations and
recommendations, but not the investigations.
The decision of the Commission was to ideally be based on a unanimous
decision by the three civilian members of the group. If this were not possible, it would be based on a majority vote
(the military members were not allowed a vote).
In
addition to a purge of the officer corps, the Peace Accords called for a
general reduction in the size and organization of the Armed Forces. The Accords
stated that the Armed Forces, in view of the changes in doctrine and mission,
should make adjustments in the organization, unit structure, and personnel
strength of the force.
The
Accords called for the organization of the Armed Forces to be adjusted to meet
the requirements of a peacetime army and the types of units, institutional
structure, equipment, and number of personnel to be reviewed and adjusted. The Accords also mandated the disbanding of
units created or strengthened as a result of the war. As a result of the new mission and organization of the Armed
Forces, the Accords directed a reduction in the number of personnel. Additionally, there should be a review and
adjustment of the different categories of the personnel (combat troops, service
support, support specialties, etc). The
officer corps should also be reduced appropriately, to meet the requirements of
the change in force structure and mission.
In
addition to personnel review and reduction, the Peace Accords called for the
Armed Forces to review its material and equipment requirements in light of its
new constitutional mission.
Additionally, military installations and budgets were required to be
adjusted to meet the new mission and doctrine established by the Peace Accords
and Constitutional Changes.
While
the Accords mandated changes, in general terms, the document did not provide
details of the changes or how such changes would be carried out. These details were outlined in a separate
document which the Government of El Salvador provided to the Secretary General
of the United Nations.
The
April 1991 Accords signed in Mexico created the Truth Commission and the
Chapultepec Peace Accords called for the commission to investigate and put an
end to all forms of Armed Forces impunity.
The Peace Accords charged the commission with focusing on cases
involving human rights. The goal of
Truth Commission was to put an end to any indication of impunity on the part of
Armed Forces officers, especially involving cases where respect for human
rights was jeopardized.
PUBLIC
SECURITY FORCES
The Peace Accords stated that, in accordance
with the new Armed Forces doctrine and constitutional changes, the
responsibility for internal security and law enforcement is the responsibility
of the National Civilian Police (PNC).
The Accords stated that the PNC is to be a new organization, with new
doctrine, structure, and personnel.
Additionally, this section of the Accords established the requirement to
disband the National Guard and Treasury Police (Policia de Hacienda).
INTELLIGENCE
SERVICES
The
Peace Accords abolished the National Intelligence Directorate (DNI) and
directed that state intelligence services be entrusted to a new organization,
the State Intelligence Organization (OIE).
OIE would be subordinate to civilian control and under the direct
authority of the President of the Republic.
The activities of OIE are restricted to those required for compiling and
analyzing information in the general interest of the state. The means of collection will be within the
limits of legal order and are based on a strict respect for human rights.
IMMEDIATE
REACTION INFANTRY BATTALIONS
In view of the fact that the Immediate
Reaction Battalions (BIRI) were created during the conflict, the Accords called
for a review of their existence after the conflict has ended. These units would not be needed in times of
peace and the Armed Forces must disband the units and redeploy or discharge the
personnel assigned to these units.
SUBORDINATION
TO CIVILIAN AUTHORITY
The Accords specifically states that the
President of the Republic, exercising the authority granted him by the
Constitution, may appoint civilians to head up the Ministry of Defense. While no legislation existed that prohibited
civilians from serving as Minister of Defense, in practice since 1932 all
Ministers of Defense had been Armed Forces officers.
PARAMILITARY
BODIES
This section of the Accords addressed the
issue of civil defense units and mandated changes to the military reserve
system. The existing system of
territorial service was ordered disbanded and the Armed Forces was charged with
creating a new reserve system. The
members of this new system may only undertake missions in accordance with the
Constitution and will not perform any function related to public security or
monitoring of the population.
Additionally, this article established the requirement to regulate
private security services and ensure compliance with the law and respect for
human rights.
SUSPENSION OF
FORCED RECRUITMENT
The Accords called for a suspension of any
form of forced recruitment and directed the Armed Forces to develop a new law
that governs military service and reserve service. This section of the Accords is specific in that it dictated that
military service will be compulsory, universal, and shall be imposed fairly and
without discrimination. It also
established the requirement for all Salvadorans to present themselves at the
proper time to a registration center.
PREVENTIVE AND
PROMOTIONAL MEASURES
This section of the Accords called for the
establishment of measures designed to promote respect for the rules governing
the Armed Forces. Such measures include
supervision of the Armed Forces by the Legislative Assembly, a Presidential
appointed Inspector General, and the creation of an Armed Forces Court of
Honor. This Court of Honor would try
acts, which although not necessarily punishable, are contrary to military honor. This section also called for wide
dissemination of Armed Forces doctrine in order that the entire Salvadoran
society is familiar with the doctrine.
REDEPLOYMENT
AND DISCHARGE OF AFFECTED PERSONNEL
This final section of the 13 requirements
directly affecting the Armed Forces described disposition options for troops
belonging to units that were to be disbanded.
It authorized redeployment to other units if compatible with the overall
end strength limits for the Armed Forces.
This section also established a severance pay of one year’s wages.
In addition to the
Constitutional reforms of 1992, the Government of El Salvador enacted a series
of internal laws and regulations that implemented changes in the institution’s
organization and functions. The three
most important of these laws were 1) Military and Reserve Service Law of the
Armed Forces; 2) Organic Law of the Armed Forces; 3) Military Career Law.
The Military and Reserve
Service Law established obligatory military service, created the Directorate of
Recruiting and Reserve within the Armed Forces, and outlined the obligations
and rights of citizens with regards to military service.
The Organic Law of the Armed
Forces established the organization of the Armed Forces and outlined the
responsibilities and structure for the Ministry of Defense, the Joint Staff,
and the various branches of the Armed Forces.
Additionally, the Organic Law outlined administrative service units,
institutional support units, and the Military Doctrine and Education
Command.
The Military Career Law
defined doctrine and established a model with regards to military
administration. The law established
systems for officer evaluation, promotion, and dismissal. Additionally, the Organic Law discusses
military retirements and the assimilation of officers with special skills into
the Armed Forces.
In
order to implement changes in the military education system, the Armed Forces,
by means of the Organic Law of the Armed Forces, created the Military Education
and Doctrine Command (Comando de Doctrina
y Educación Militar-CODEM). CODEM,
established as an institutional support unit, was charged with organizing,
planning, coordinating, and executing all military training requirements. CODEM was to ensure appropriate doctrine was
formulated and taught at all levels of military schooling from the military
academy through the Command and General Staff Course. Additionally, a civilian council was formed to oversee the
academy curriculum.
In
an attempt to increase the number of individuals with defense and national
security expertise, in 1993 the Armed Forces created a Strategic Studies
College (Colegio de Altos Estudios
Estratégicos – CAEE), which studied national level defense topics. Graduates of this course, the majority of
whom are civilians, form a pool of personnel trained to serve as advisors on
defense and national security issues.
Given the lack of civilian expertise in the defense and national
security arena, the CAEE filled a void.
While
critics claimed that these changes were not sufficient to significantly impact
the education of the officer corps, as there was no provision for civilian
oversight of subsequent military education, the fact that a civilian council
had input to the curriculum at the military academy was an important step.
In
summary, Salvadoran educator Rivas Platero explained, the educational council
and resultant changes focused on improving the quality of the instruction and
the organization of educational material, employing better-qualified
instructors, implementing a broader curriculum, and integrating the military
education system with the national system.[23]
The
Ad Hoc commission was installed on 16 May 1992 and began work on 19 May. The commission was to conduct its evaluation
of the officer corps within 90 days of establishment and make recommendations
in the form of a confidential document to the Secretary General of the United
Nations and the President of the Republic.
The commission was authorized to use information from any source it
considered reliable. While the
commission was required to interview an officer before recommending
administration action against him, there was no provision for independent
review or process of appeal.
Given the complexity of the
task, to evaluate approximately 2,300 officers in 90 days, the commission
decided to focus on the top ten percent of the officer corps including all
general officers, colonels and lieutenant colonels. Additionally, the commission interviewed several lower ranking
officers who were accused of specific actions or abuses. Because of the enormity of the task, the
commission asked for and received an extension until 23 September 1992. In accordance with the adjusted timetable,
the President and the Armed Forces would make the required administrative
decisions by 23 October and to implementing these decisions by 23 November 1992.
On
23 September, the Ad Hoc commission presented its recommendations in a
confidential report to UN Secretary General Boutros-Ghali and President
Cristiani. The report made recommendations concerning 103 officers, including
one officer who left active service during the commission’s evaluation. 26 officers were to be transferred to other
functions and 76, including the Minister and Vice-Minister of Defense, were to
be discharged. The report made
recommendations for most general officers and many colonels.[24]
As
was expected, the Armed Forces High Command resisted taking action on the
recommendations of the Ad Hoc commission.
In late October President Cristiani, citing concerns over FMLN
demobilization, announced that he was postponing taking any action on the
recommendations.
Immediate
UN mediation efforts resulted in an agreement whereby the Ad Hoc commission’s
recommendations would be incorporated into the routine November and December
1992 “Armed Forces General Orders” announcing promotions and retirements. As a result of these year-end “General
Orders”, President Cristiani reported that the Armed Forces had taken the
following actions to comply with the recommendations of the commission:
1)
25
officers had been transferred
2)
23
officers had been discharged
3)
38
officers had been placed on administrative leave pending retirement
4)
7
officers had been appointed as Military Attachés abroad
5)
1
officer had been permitted, for personal reasons, to remain on active service
until March 1993
6)
8
officers remained on active duty with a decision on their fate delayed until
the end of President Cristiani’s term in office
The UN accepted as
satisfactory the actions taken with regards to 87 of the 102
officers, but maintained that appointing seven
officers as Military Attachés and delaying action on another eight did not
comply with the recommendations of the Ad Hoc commission. The resultant impasse threatened to disrupt
implementation of the accords.
The
impasse was broken in March of 1993 when the United Nations published and
released the Report of the Commission on the Truth for El Salvador. This report cited the involvement of some 40
Armed Forces officers in human rights abuses during the conflict. As Walter and Williams explained, “the
fallout from this report, combined with pressure by the United Nations and the
Clinton administration, prompted Cristiani to inform the Secretary General (in
late March 1993) of his decision to remove the remaining officers by the end of
June 1993.”[25]
In a letter dated 7 July
1993, the UN Secretary General reported to the President of the Security
Council that President Cristiani had, after a delay of several months, complied
with the requirements of the Ad Hoc commission regarding the review and
evaluation of the officer corps. Stating
“I am therefore in a position to confirm that the Government of El Salvador has
now taken the steps that it promised to comply with the Ad Hoc Commission’s
recommendations,” UN Secretary General Boutros Boutros-Ghali certified Armed
Forces compliance.[26] The Ad Hoc and Truth Commission Reports
marked the first time in the history of the El Salvador Armed Forces that the
officer corps had been subject to an external review.
In
accordance with the New York agreement of 25 September 1991 and the Chapultepec
Peace Accords, the Government of El Salvador submitted a plan for the reduction
of the Armed Forces. This plan adjusted the size of the Armed
Forces to a quantity “which it judged appropriate to its new doctrine and functions,
as established in the amendments to the Constitution that were agreed upon in
April 1991.”[27] This plan called for a 50.2 percent
reduction of the Armed Forces, including the demobilization of the five rapid
Immediate Reaction Infantry Battalions (BIRI).
The Armed Forces planned to begin this reduction on 1 February 1992 and
to complete the reduction by January 1994.
In December 1992, the Armed Forces High Command decided to accelerate
the reduction and complete the process ahead of schedule. As a result, the 15 infantry battalions,
which were to be disbanded throughout 1993, were all demobilized in January
1993. The overall reduction of the
Armed Forces was completed by the April 1993.
From
a wartime high of 63,175 personnel in 1991, the Armed Forces reduced its
strength to 37,800 in 1992, 32,500 in 1993; and 31,400 in 1994. Reductions continued until 1996 when total
strength leveled at approximately 20,000.
As former Minister of Defense Humberto Corado Figueroa points out, the
Armed Forces reduction resulted in the demobilization of “three public security
organizations, five Immediate Reaction Infantry Battalions, 22 Infantry
battalions, the National Directorate of Intelligence, the Territorial Service
(Border Guard), and various paramilitary units.”[28]
Table 4 shows the buildup
and reduction of Armed Forces strength during the period 1979 throughout
1998. As shown in the table, the Armed
Forces completed the reduction process with a total strength slightly higher
that which it had at the beginning of the conflict.
The
April 1991 Mexico Accords included an agreement to establish a Truth Commission
to investigate acts of violence that occurred since 1980 and to create public
confidence in the positive changes that the peace process was promoting. The Chapultepec Accords furthered this line
of thinking and recognized the need “to
clarify and put an end to any indication of impunity on the part of officers of
the armed forces, particularly in cases where respect for human rights is
jeopardized.”[29] The
Chapultepec Accords formally linked the Truth Commission’s work with the
clarification and ending of Armed Forces’ impunity.
The
commission’s work, “The Report of the Commission on the Truth for El Salvador,”
was made public on 15 March 1993 and contained a set of recommendations that
were to be implemented by both the Government of El Salvador and the FMLN.
The Report named some 40 El
Salvador Armed Forces officers who were personally implicated in carrying out
or covering-up serious acts of violence, or who did not fulfill their
professional obligation to initiate or cooperate in the investigation or
punishment of such acts. For those
officers who were still serving in the Armed Forces, the Commission recommended
that they be dismissed from their posts and discharged from the Armed
Forces. For those no longer on active
duty, the Truth Commission Report recommended that they be barred from public
office for ten years.[30]
As mentioned earlier, the
Truth Commission Report also influenced President Cristiani to fully comply
with the recommendations of the Ad Hoc Commission. Implementation of the Ad Hoc Commissions recommendations had
stalled when Cristiani attempted to delay the dismissal of eight senior
officers until the end of his presidential term.
The Ad Hoc and Truth
Commission’s reports were significant in that they represented the beginning of
an end to Armed Forces’ impunity. As
Williams and Walker point out this “marked the first time in Latin American history
that a military had been submitted to an external review of its officer
corps…and represented an important step forward in enhancing civilian control
of the military.”[31]
For the Armed Forces, the requirement to comply with the recommendations of the
Ad Hoc and Truth Commissions was the most traumatic result of the Peace
Accords.
In addition to complying
with the Ad Hoc and Truth Commission Reports, the Armed Forces amended military
justice codes to ensure that offenses whose victims were civilians could not be
deemed purely military offenses and that civilians would not be subject to
military jurisdiction.
Both
the Chapultepec Peace Accords and the associated Constitutional changes
mandated that the Armed Forces was no longer to be involved in internal peace
and public security. Paragraph 17,
article 168 of the Constitution addresses this issue and charges the President
with the responsibility to “command, organize, and maintain the National Civil
Police to preserve peace, tranquility, order, and public security, in both
urban and rural areas.” Additionally it states that the “National Civil Police
and the Armed Forces shall be independent and shall be placed under the
authority of different ministries.”[32]
The
separation of internal security and national defense missions represented a new
approach to these missions and generated much discussion concerning this
issue. Articles such as “Armed Forces,
Redefinition of Security and Democracy in Latin America” and “The New Concept
of Democratic Security in Light of the Changes in the International System”
expanded on this topic and made clear the differences between the concept of
security and defense.[33]
For
the Armed Forces, this separation of internal security and national defense
missions meant the immediate dismantling of the National Guard and the Treasury
Police, and a gradual phasing out of the National Police and its replacement
with the National Civil Police.
While
there were some initial problems with dismantling the National Guard and
Treasury Police – the Armed Forces renamed them and incorporated them intact
into the army – the units were eventually closed, with many of their members
transitioning into the newly formed Special Brigade for Military Security.
The
National Civil Police, as described in the Chapter II of the Chapultepec Peace
Accords, was a “new force with a new organization, new officers, new education
and training mechanisms and a new doctrine.”
Additionally, the Accords states that the “National Civil Police shall
be the only armed police body with national jurisdiction.”[34] In recruiting personnel to form the new
police body, a balance was maintained between candidates from the FMLN and the
former National Police, with each having a 20 percent representation. The remaining 60 percent were made up of
non-affiliated civilians.
As
a result of the Peace Accords and related Constitutional changes the Armed
Forces intelligence apparatus, the National Intelligence Department (DNI), was
abolished on 15 June 1992 and a new agency, the State Intelligence Organization
(OIE), was established.
Control
of OIE was entrusted to a civilian director and the organization was placed
under the direct authority of the President of the Republic who was given the
authority to “command, organize, and maintain the State Intelligence Agency.”[35] Additionally, the Legislative Assembly was
charged with the responsibility of supervising OIE using oversight mechanisms
established in the Constitution.
Given
that the Rapid Reaction Infantry Battalions (BIRI) were created and deployed
during the conflict, it was agreed that the Armed Forces would abolish these
units and reassign or discharge the personnel assigned to these units. The first two BIRI’s were dismantled by
November 1992, the third unit stood down in December 1992, and the remaining
two battalions were demobilized by February of 1993.
While
the Chapultepec Peace Accords stated specifically that the President may
appoint a civilian to head the Ministry of Defense, there was no existing law
that required a military officer be Minister of Defense. In practice, however, since 1932 all Ministers
of Defense have been military officers.
This changed in 1997 when
President Calderon Sol appointed retired general Jaime Guzman Morales as
Minister of Defense. Although the
President later replaced Guzman with an active duty general, this was the
President’s decision and was not the result of pressure from the Armed Forces
to appoint an active duty officer to head the Ministry of Defense.
The issue of military
subordination to civil authority cannot be determined, however, merely by the
institutional identity of the Minister of Defense. As U.S. Army War College professor Judith Gentleman explains
“…the question was not so much that of the identity of the minister as his
subordination to elected civilian authority within the democratic framework.”[36] The President, in this case, exercised his
constitutional authority to select a Minister of Defense who was an active duty
officer.
The transition to civil
control of the military is a complicated process that includes much more than
merely limiting the military’s realm of action. As Alfred Stepan points out achieving more effective civilian
control encompasses a multiplicity of tasks in which civil society, political
society, and the state all have a role to play.[37]
The Peace Accords called for
the Armed Forces to abolish territorial service and civil defense patrols and
to establish a new reserve system. As a
result, the Armed Forces disbanded and disarmed the civil defense patrols in
June 1992. The territorial service was
to be replaced by a new reserve system in May of 1992, however the Military and
Reserve Service Law of the Armed Forces was not approved until 30 July 1992. The new reserve system establishes the
categories of active and passive reservists.
Active reservists were those former members of the Armed Forces who had
not yet reached 30 years of age and were within seven years of leaving active
service. Passive reservist included
those not in the active category and all others capable of military service in
case of necessity.
Chapter
1, Article 11 of the Peace Accords called for a suspension of “any form of
forcible recruitment” and the enactment of a “new law governing military
service and reserve service.” The
Military and Reserve Service Law of the Armed Forces, enacted in July 1992
established universal and compulsory military service system and created
Directorate for Recruiting and Reserve to manage this system.
As
part of the new system, the Directorate for Recruiting and Reserve opened
Recruiting and Reserve Centers in each of the 14 departments of the country in
1993. The law requires all men, during
the month of their 18th birthday, to register with the recruiting
center in their department and receive a number. This number would serve as a draft number in the case a draft is
held. Since the enactment of the
Military and Reserve Service Law in 1992, there have been a sufficient number
of volunteers for military service and there has been no draft.
Both
the Government of El Salvador and the FMLN recognized the need to adopt
measures to ensure respect for and compliance with rules and laws governing the
Armed Forces. Specific measures
included supervision of the Armed Forces by the Legislative Assembly, effective
functioning of the Armed Forces Inspector General, and the creation of an Armed
Forces Honor Court.
Articles
72, 73, and 74 of the 1994 Organic Law of the Armed Forces established the Office
of the Inspector General as an important advisory and consultant body. The responsibilities of the Office of the
Inspector General lie in four broad areas:
1)
Oversight
of Armed Forces laws and regulations to ensure compliance with national laws.
2)
Supervise
the execution of orders from the High Command with respect to human rights.
3)
Review
the administration of Armed Forces budgets and properties and serve as a link
to government audit agencies.
4)
Monitor
and evaluate the doctrine, education, and training of the Armed Forces.[38]
With regards to an Armed
Forces Honor Court, Article 17 of the Military
Career Law established an Honor Tribunal as a
permanent entity. The mission of the
tribunal was to analyze and evaluate acts that, although not punishable by law,
are contrary to military honor, moral, and discipline.
This issue was largely and
administrative one and concerned the compensation of personnel discharged from
the Armed Forces as a result of the institutional and organizational
changes. The redeployment and discharge
process was carried out with few problems.
In May of 1994 the UN Secretary General reported that compensation had
been paid to 6,000 of the 18,000 demobilized members of the Armed Forces and
that an agreement had been reached to continue payments and establish a
mechanism for the investigation of complaints.[39]
The
Peace Accords provided for a restructuring of the Armed Forces, a change to
their relationship with civilian authorities, and a limited, apolitical role
for the Armed Forces. As a result of
the Peace Accords, Williams and Walker point out, “the military no longer had a
role in public security; the military academy was subject to civilian oversight;
and, for the first time, officers had to subject themselves to an external
evaluation conducted by civilians.”[40]
An October 1993 UN Secretary General
report stated the following with regards to Armed Forces reforms and compliance
with the Peace Accords:
Structural reforms of the armed forces
have already been carried out in compliance with the peace agreements and
following constitutional amendments, whose basic purpose has been to ensure
their subordination to civilian power within the rule of law. Such reforms include mainly the removal of
police functions from the military sphere of competence; the purification of
the armed forces based on an evaluation of its members by an ad hoc commission;
the establishment of new doctrinal principals and a new education system; its
reduction by approximately half the original size; the abolishment of the
National Intelligence Department and its substitution by a new State
Intelligence Agency under civilian control; the disbandment of rapid deployment
infantry battalions that had been established as a consequence of the armed
conflict; and the proscription of paramilitary forces or groups, including the
disbandment of the civil defense and suppression of the territorial service,
which has been replaced by a new system of reserves.[41]
It is interesting to note that even
a former FMLN commander and political leader, Schafik Handal, was impressed
with the efforts of the Armed Forces with regards to compliance with Peace
Accords requirements. Handal, in a 1998
interview, commented that he viewed the Armed Forces as the institution that
had made the most progress in complying with the requirements of the Peace
Accords.
Applying Alfred Stepan’s model of
military prerogatives to the post Peace Accords Armed Forces indicates a shift
from the largely autonomous Armed Forces institution that existed in the 1980’s
to an Armed Forces effectively under effective civilian control and subservient
to proper political authority. See
Table 5.
SECOND PERIOD OF REFORM
1995 – 1999
During the first period of reform, the
Armed Forces focused on complying with Peace Accord requirements and on the
preservation of the institution. With
the existence of the Armed Forces assured by Article 211 of the Constitution,
the Armed Forces turned its attention to developing a modernization plan for
the 1995-2000 time frame. This plan,
known as “Plan ARCE 2000” outlined the Armed Forces’ procedure for
strengthening and consolidating institutional reforms. Plan ARCE 2000 included three phases: study
and design, 1995; experimentation, 1996-1997; and execution, 1998-2000.[42]
The objectives of Plan ARCE 2000
were as follows:
1)
Draft,
approve, and enact laws and military regulations to ensure that the Armed
Forces continue to operate within Constitutional limits.
2)
Establish a
system to allow some Armed Forces units a degree of economic self-sufficiency.
3)
Strengthen
civil-military Relations.
4)
Improve the
organization and integrate the various functions of the Armed Forces.
5)
Modernize
the Armed Forces education system.
6)
Implement
obligatory military service and the new reserve system.
Plan ARCE 2000 was
important for several reasons. First,
the plan resulted from an Armed Forces initiative and was not formulated in
response to a demand from an external agency.
Second, the Armed Forces was one of the few governmental institutions to
recognize the need for modernization and to clearly define modernization
objectives. Third, the Armed Forces
recognized the need to present Plan ARCE 2000 to the public and to “sell” the
idea in order to generate support for the plan. The Ministry of Defense
planners recognized that the success of the plan depended on the institution’s
ability to explain problems, to justify objectives, and to win the support of
the various sectors of Salvadoran society.
Fourth, the High Command recognized the need for a cohesive effort from
the entire Armed Forces and worked to have all members of the force identify
with the modernization plan.
Plan ARCE 2000 represented a vision
of the future and an effort on the part of the Armed Forces to secure its place
in a changing Salvadoran society. This
vision included the following:
1)
A properly
structured Armed Forces, with appropriate doctrine.
2)
An
orientation toward democratic values and subordinate to civil authority.
3)
Officers
and Non-Commissioned officers trained not only in the required military skills
but also in secondary and university level civilian education.
4)
The
capacity to confront a wide array of threats.
5)
A size
appropriate to the needs of the country, with the ability to adjust to changes
in the national and international situation.
6)
The ability
to conduct joint and combined operations with the Armed Forces of other
nations.
7)
Properly
equipped to carry out its mission, with an emphasis on quality not
quantity.
8)
Identified
with the general interests of Salvadoran society, without losing the
traditional military characteristics of valor, obedience, and subordination.
Plan ARCE 2000 was generally
successful and, as a result, the Armed Forces continued the modernization and
professionalization process with Plan ARCE 2005. This plan continues to work on areas, such as the military
education system and civil-military relations, which the Armed Forces High
Command believes require constant attention and adjustment in order to respond
to changing requirements. Additionally,
ARCE 2005 addresses military assistance to the Government of El Salvador in
cases of natural disaster and gives attention to the use of technology to
augment human resources.
VI.
IMPACT
OF REFORMS ON MILITARY PROFESSIONALISM AND CIVIL-MILITARY RELATIONS
The Peace Accords not only ended a 12-year civil war and forced
the Armed Forces to undertake a series of institutional changes, but also
resulted in the Armed Forces becoming a more professional institution. This increase in professionalism, according
to several experts on civil-military relations, decreased the likelihood that
the Armed Forces would again become directly involved in politics.
As Edwin Lieuwen explained, a
genuine military expertise called for the digestion of a tremendous body of
knowledge and years of training and experience…gaining the proficiency
necessary to qualify as a professional officer was a full time job and left no
room for dabbling in politics.
Professionalism, according to Lieuwen, meant that the officer corps
turned its energies to the exercise of its military function and resulted in
the armed forces becoming servants of rather than masters of the state.[43]
Samuel Huntington also believed that as
military professionalism increased the threat of direct involvement in politics
decreased. In his classic work on
civil-military relations, The Soldier and the State, Huntington explained:
No longer was it possible to master
military skills and remain competent in other fields. Most particularly, it became impossible to be an expert in the
management of violence for external defense and at the same time to be skilled
in either politics or statecraft or the use of force for the maintenance of
internal order.[44]
However, ensuring that soldiers and
statesmen remain in their appropriate roles involves not just effort on the
part of the Armed Forces, but also the work of the government and society. In an ideal situation, Gideon Rose of the
Council on Foreign Relations explained, each of the three groups must recognize
and accept its responsibilities. The
government would represent and serve society, while the armed forces would help
devise and implement government policy in the areas of security and national
defense.
The Armed Forces, according to Rose,
has three important responsibilities.
First, they must subordinate themselves to responsible civil
control. Second, they must agree to
limit their activities to areas that the government decides are
appropriate. And third, they must
execute their military duties in a serious and professional manner.
Civilian government officials also
have three important responsibilities. First they must give the armed forces a
clear mission and achievable tasks.
Second, they must develop sufficient expertise in areas of national
security and defense in order that they can provide effective oversight and
responsible control. And third, they
must support and respect military professionalism by granting the armed forces
a degree of autonomy in those areas of expertise that are clearly military.
Finally, civil society must educate
itself enough to understand what the legitimate tasks of the armed forces are
and be willing to provide the resources necessary to accomplish those tasks.[45]
In the case of the El Salvador, the
Armed Forces have come a long way since the days of direct involvement in
politics and control of the government.
The institution now is largely apolitical, is fulfilling those
responsibilities outlined above, and will likely continue in a role subordinate
to responsible civilian control. There
remains, however, some work to be done on the part of civil government and
society. While the following concept
put forth by a pair of authors refers to civil-military relations in general,
the idea is applicable to the situation in El Salvador:
The head of government, working through a
civilian-led and authoritative ministry of defense, must have the capacity to
determine budgets, force levels, defense strategies and priorities, weapons acquisitions,
and military curricula and doctrines; and the national legislature must at
least have the capacity to review these decisions and monitor their
implementation. Capacity is a crucial
concept. It involves not just statutory
authority but the knowledge, understanding, and experience to make these
decisions effectively, in a way that will earn credibility, respect and
acceptance (if not always enthusiastic agreement) from the armed forces…. [This
means placing] great emphasis on training civilian defense officials and
strategists and on building up a larger fund of national-security knowledge in
civilian universities, think tanks, the mass media, and other organizations of
civil society.[46]
It is important to point out that in
addition to fulfilling their individual responsibilities, the three sectors –
armed forces, government, and civil society – will have to work together to
develop a common vision of the future for the Armed Forces. This vision, and a concept of the proper
size, composition, and mission for the Armed Forces, should be the result of an
open dialogue and debate involving the three sectors.
VII. CONCLUSION
In
addition to ending a 12-year civil war that claimed some 75,000 lives, the
Peace Accords and related Constitutional changes significantly altered
civil-military relations in El Salvador. The agreement provided for a
restructuring of the Armed Forces and their relationship to civilian
authorities and set out a new, limited role for the military. As a result of the Accords, armed forces
doctrine no longer included a public security mission; internal security forces
were disbanded and replaced by a new National Civil Police under civilian
control; and civilians played a greater role in the military education system. Additionally, the officer corps was
subjected to an external review and held accountable for its actions; and there
was a significant reduction in armed forces impunity. A review of Stepan’s model of military prerogatives indicates a
shift from largely autonomous institution in the 1980’s to a force under
civilian control in the 1990’s.
While Alfred Stepan has suggested
that reducing military prerogatives after prolonged military rule can result in
conflict between the military and the civilian government, this was not case in
El Salvador. In El Salvador, Williams
and Walker point out:
the initiative for reforms related to the
military did not originate with the civilian government; rather, the reforms
were a product of a process of negotiation whose objective was to bring to an
end the armed conflict. Consequently,
implementation of these reforms generated conflict, not between the military
and the civilian government of Alfredo Cristiani, but between domestic opposition
forces [the FMLN] and international actors on one hand, and the armed forces
and the civilian government on the other hand.[47]
During the first period of reform,
1992-1995, there was initial resistance on the part of the Armed Forces because
they believed implementing the Peace Accord requirements and complying with the
recommendations of the Ad Hoc and Truth Commissions represented a threat to the
Armed Forces as an institution. Those
reforms that were perceived as challenges to the military’s core interests
elicited the fiercest opposition.
However, once the Armed Forces, as an
institution, was assured of its permanent role in service to the nation, it
took on the mission of modernization and professionalization with a
fervor. Both Plan ARCE 2000 and ARCE
2005 represent significant undertakings that were the product of the Armed
Forces developing a vision of the future and not the result of externally
mandated changes.
In reviewing the Peace Accord process and
its impact on the El Salvador Armed Forces, several important aspects stand
out:
1)
It is
easier to start a conflict than to bring about a negotiated settlement.
2)
Ending the
conflict is a necessary, but not sufficient, step toward creating the
structures necessary to sustain peace and reconcile society.
3)
The El
Salvador Armed Forces underwent a period of substantial change with regards to
structure, mission, and doctrine as a result of the Peace Accords and related
Constitutional changes. Armed Forces
reforms centered on three broad areas: reduction, restructure, and officer corps
purge. The Armed Forces that emerged from the implementation of the Peace
Accords was quantitatively and qualitatively different from the force that
fought a 12-year civil war.
4)
Personal
and institutional vengeance is too costly to permit in the fragile, post-conflict
environment. Taking care of
ex-combatants and reintegrating them into society serves to stabilize society.
5)
The Peace Accords and related Constitutional
changes had a significant impact on civil-military relations and served to
further the concept of civilian control of the military.
6)
In order to
provide responsible civilian control, it is important that both the government
and civil society increase their knowledge of national security and defense
matters.
7)
International
organizations, specifically the United Nations, played a key role in the peace
negotiation process and in monitoring compliance with the accords as well as
the initial phase of reforms.
International participation can and will influence the attitude of
domestic actors.
8)
International
organizations can best assist when they facilitate rather than dominate the
process or attempt to impose a solution.
9)
The scope
of military reforms are greater when the institution is not threatened and the
impetus for change comes from within the armed forces.
10)
The
increased level of professionalism and emphasis on the armed forces as an
important, but non-deliberative, state institution will likely keep the armed
forces disengaged from active politics.
11)
It would be
wrong to suggest that this exact method of negotiation, concessions, and
reforms could be applied entirely to other conflicts in the Hemisphere. To do so would be a simplistic
interpretation that ignores country and situational specific factors and could
result in improper concessions in an attempt to end a conflict.
The Peace Accord process in El Salvador
represents a remarkable achievement, not only for the its bringing an end to a
12-year civil war, but also for the lasting impact it had on civil military
relations. The threat is no longer a
military coup, but rather political ineptness.
With the role and influence of the Armed Forces significantly altered,
the burden now rests with the civilian government and society to responsibly
control the armed forces and develop the expertise required to effectively take
the lead in National Security issues and maintaining a proper relationship with
the Armed Forces.
TABLE 1. HEADS OF STATE IN EL SALVADOR 1931-1979[48]
PERIOD PRESIDENT
|
1932-1934 |
Gral Maximilano Hernandez Martinez
|
|
1934-1935 |
Gral Andres Ignacio Menedez
|
|
1935-1944 |
Gral Maximilano Hernandez Martinez
|
|
1945-1945 |
Gral Osmin Aguirre y Salinas |
|
1945-1948 |
Gral Salvador Castaneda Castro
|
|
1948-1950 |
Revolutionary Government Council
|
|
1950-1956 |
TCnl Oscar Osorio
|
|
1956-1960 |
Cnel Jose Maria Lemus
|
|
1960-1961 |
Revolutionary Government Council
|
|
1961-1962 |
Civil-Military Directorate
|
|
1962-1962 |
Dr. Rodolfo F. Cordon
|
|
1962-1967 |
Cnel Julio A. Rivera
|
|
1967-1972 |
Gral Fidel Sanchez Hernandez
|
|
1972-1977 |
Cnel Arturo Armando Molina
|
|
1977-1979 |
Gral Carlos Humberto Romero
|
TABLE 2: MILITARY
PREROGATIVES BASED ON 1983 CONSTITUTION
|
PREROGATIVE |
LOW |
MODERATE |
HIGH |
|
1.
Constitutionally sanctioned role of the military in the political
system. |
|
|
The Constitution gave primary responsibility for internal
order and protection of the democratic process to the Armed Forces. |
|
2. Military
relationship to the Chief Executive. |
|
The President of the Republic was the Armed Forces
Commander in Chief, but had and exercised little authority. |
|
|
3. Coordination of
the Defense Sector. |
|
|
Minister of Defense was an active duty officer selected by
the Armed Forces. Ministry staff
composed of military personnel. |
|
4. Active duty
military participation in the cabinet. |
|
|
Active duty officers served in ministry level
positions. Armed Forces officers
served as directors of national level institutions. |
|
5. Role of the
legislature. |
|
|
Little oversight of military budget and operations. No tradition of legislative hearings on
defense matters. |
|
6. Role of senior
career civil servants or civilian political appointees. |
|
|
Few civilians with Defense or Security experience. Active duty officers filled all key
defense/security sector staff roles |
|
7. Role in
intelligence. |
|
|
All intelligence organizations were controlled by the
Armed Forces. No independent civilian
review of intelligence operations. |
|
8. Role in Police
/ Law Enforcement. |
|
|
Police and Law Enforcement operations were under direct
control of the Armed Forces.
Vice-Minister of Public Security was an active duty officer. |
|
9. Role in
Military Promotions. |
|
|
Promotion decisions made in Armed Forces channels. The “tanda”
system and military promotions were independent of executive oversight. |
|
10. Role in State
Enterprises. |
|
|
Armed Forces officers were directors of numerous national
level enterprises (ports, utilities, telephone, social security, etc.) |
|
11. Role in the
legal system. |
|
|
Armed Forces personnel were subject to military courts,
not the civilian judicial system.
Domain where military can be tried in civil court was very narrow. |
Table
2. Selected military prerogatives of
the Salvadoran Armed Forces retained after the 1983 Constitution.[49] Based on Alfred Stepan’s model of military
prerogatives.
TABLE 3: COMPARISON OF 1983
– 1992 CONSTITUTIONS WITH RESPECT TO ARMED FORCES MISSIONS.
ARTICLE 211
The Armed Forces exist to defend the sovereignty
and integrity of the State, maintain peace, tranquility and public security,
and to comply with the Constitution and applicable laws. Be especially vigilant with maintaining a
republic form of government, a representative democratic regime and not
violate the norm of established transfer of power for Presidents, and to guarantee
the right to vote and the respect of human rights. The Armed Forces will collaborate with the
Executive Office on programs of national development, especially in emergency
situations. |
ARTICLE 212
The Armed Forces has its mission the defense of
the sovereignty and territorial integrity of the State. The President of the Republic, in
exceptional cases, may employ the Armed Forces to maintain internal peace in
accordance with this Constitution. The Armed Forces, when directed by the Executive
Branch, will collaborate on projects that benefit the public and assist the
population in cases of natural disaster. |
|
|
|
ARTICLE 212
The Armed Forces is a permanent institution,
fundamental for national security, essentially apolitical, non-deliberative
and obedient. |
ARTICLE 211
The Armed Forces is a permanent institution in the
service of the nation. It is
obedient, professional, apolitical and non-deliberative. |
|
|
|
ARTICLE 213
The organization and development of Armed Forces
activities will be subject to special laws and regulations. |
ARTICLE 213 Law defines the Armed Forces’ structure, its legal
management, doctrine, composition, and functions. The President of the Republic approves regulations and special
dispositions associated with this law. |
|
|
|
ARTICLE 213
The number of personnel in the Armed Forces will
be established by the executive section of the Defense and Public Security
Branch in accordance with the necessities of the services. |
ARTICLE 168
19. It is
the responsibility of the President of the Republic to annually establish
reasonable personnel strength for the Armed Forces and National Civilian
Police. |
|
|
|
ARTICLE 157
The President of the Republic is the Commanding
General of the Armed Forces. |
ARTICLE
213
The Armed Forces, as an institution, forms part of
the Executive Branch and is subordinate to the authority of the President of
the Republic in his role as Commander-in-Chief of the Armed Forces. |
|
|
|
ARTICLE 168
It is the responsibility of the President to
organize and support the Armed Forces in order to maintain the sovereignty,
order, tranquility and security of the Republic, and call to service the
necessary force to fulfill this responsibility. |
ARTICLE 168
Among the responsibilities of the President of the
Republic: 11.
To
organize, manage, and maintain the Armed Forces; approve promotions,
assignments, and responsibilities of Armed Forces officers; and the dismissal
of Armed Forces officers in accordance with the law. 12.
To
prepare the Armed Forces for the defense of the sovereignty and territorial
integrity of the State. In exceptional
cases, when all normal means to maintain internal peace, tranquility, and
public security have been exhausted, the President may deploy the Armed
Forces for this mission. This
deployment will be for a limited time and will allow for methods strictly
limited to the establishment of public order. This deployment will stop as soon as public order has been
restored. The President will keep the Legislative Assembly informed of his
actions and the Legislative Assembly can mandate a stop to such a deployment. 17.
Organize,
support, and maintain the National Civilian Police in order to guard the
peace, order, and public security in both urban and rural areas of the
country. The National Civilian Police
will respect human rights and be obedient to civil authorities. 18.
Organize,
manage, and support the State Intelligence Organization. |

Source: La Modernizacion de la
Fuerza Armada de El Salvador hacia
el Siglo XXI.
[The Modernization of the Armed Forces of El Salvador in the 21st
Century]. (1996). Colegio de Altos
Estudios Estrategicos, San Salvador, El Salvador.
TABLE 5: ARMED FORCES
MILITARY PREROGATIVES BASED ON THE 1992 CONSTITUTIONAL AMENDMENTS / PEACE
ACCORDS
|
PREROGATIVE |
LOW |
MODERATE |
HIGH |
|
1.
Constitutionally sanctioned role of the military in the political
system. |
Virtually no direct political participation by the Armed
Forces. Article 211 of the
Constitution dictates that the Armed Forces are apolitical. |
|
|
|
2. Military
relationship to the Chief Executive. |
Articles 157 and 213 of the Constitution establish the
President as Commander in Chief of the Armed Forces. |
|
|
|
3. Coordination of
the Defense Sector. |
|
While a retired general officer recently served as
Minister of Defense (MOD), there are few civilians in key defense
positions. |
|
|
4. Active duty
military participation in the cabinet. |
The only active duty officer in a ministry level position
is the MOD. (Selected by and appointed by President.) |
|
|
|
5. Role of the
legislature. |
|
Major defense policy issues and the Armed Forces budget
are reviewed and approved by the Legislative Assembly. |
|
|
6. Role of senior
career civil servants or civilian political appointees. |
|
Few senior civil servants with sufficient defense
experience to assist the executive branch in designing and implementing a
national security policy. |
|
|
7. Role in
intelligence. |
|
Executive branch controls the State Intelligence
Organization (OIE) and appoints its civilian director. The military retains an intelligence staff
section. |
|
|
8. Role in Police
/ Law Enforcement. |
The Ministry of Public Security directs the National
Civilian Police. Article 159 of the
Constitution mandates that different ministries control National Defense and
Public Security. |
|
|
|
9. Role in
Military Promotions. |
|
Articles 10 and 15 of the Military Career Law and Article
168 of the Constitution define the role of the President in the promotion
process. A promotion board makes
recommendations to the President, who has final approval over senior officer
promotions. |
|
|
10. Role in State
Enterprises. |
Civilians control key public and private enterprises. |
|
|
|
11. Role in the
legal system. |
The Armed Forces have almost no legal jurisdiction outside
of defined military offenses. Article
216 limits military jurisdiction to those cases that are exclusively military
in nature. |
|
|
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[1] Juhn, T. (1998). Negotiating Peace in El Salvador. New York, NY: St. Martin’s Press, Inc., pg. 1.
[2] Williams, P. and Walter, K. (1997). Militarization and Demilitarization in El Salvador’s Transition to Democracy. Pittsburgh, PA: University of Pittsburgh Press, pp. 13-23.
[3] Williams and Walker. (1997). Militarization and Demilitarization in El Salvador’s Transition to Democracy, pp. 114-116.
[4] As cited in Perelli, C. (1990). “The Military’s Perception of Threat in the Southern Cone of South America.” In Goodman, L., Mendelson, J., and Rial, J. (eds.) The Military and Democracy. (pp. 93-105)
Lexington, MA: Lexington Books.
[5] Ibid, xi-xii.
[6] Stepan, A. (1983). Rethinking Military Politics: Brazil and the Southern Cone. Princeton, NJ: Princeton University Press, pg. 93.
[7] For detailed information on the various meetings and accords leading to the January 1992 Chapultepec Peace Accords see the Government of El Salvador report: Los Acuerdos de Paz en El Salvador. (1995). [The Peace Accords in El Salvador]. San Salvador, El Salvador; The United Nations publication: Acuerdos de El Salvador: En el Camino de la Paz. (1992). [El Salvador Peace Accords: The Road to Peace]. San Salvador, El Salvador: United Nations Department of Public Information; The United Nations and El Salvador 1990-1995. (1995). New York, NY: United Nations Department of Public Information; and Montgomery, T. (1995). “Getting to Peace in El Salvador: The Roles of the United Nations Secretariat and ONUSAL.” Journal of Interamerican Studies and World Affairs 37, no. 4. pp. 139-172.
[8] Juhn, T. (1998), pg. 45.
[9] Juhn, T. (1998), pg. 58.
[10] de Soto, A. and del Castillo, G. (1993). An Integrated International Approach to Human Security. Unpublished manuscript. San Salvador, El Salvador.
[11] These ideas concerning discussion of the Armed Forces were outlined in unpublished notes Documento 13, (1990), San Salvador, El Salvador, that provided the Government of El Salvador’s rationale behind the major points for discussion.
[12] Molina, S. (1996). The Peace Process in El Salvador (1984-1992). U.S. Army War College Strategic Research Report, Carlisle Barracks Pennsylvania.
[13] See Montgomery, T. (1995).
[14] See Section VI of the Acuerdos de Mexico in the United Nations publication: Acuerdos de El Salvador: En el Camino de la Paz. (1992). [El Salvador Peace Accords: The Road to Peace]. San Salvador, El Salvador: United Nations Department of Public Information and Article 211 of the El Salvador Constitution.
[15] Walter, K. (1997). Las Fuerzas Armadas y el Acuerdo de Paz. [The Armed Forces and the Peace Accords]. San Salvador, El Salvador: Imprenta Ricaldone.
[16] de Soto, A. Proceso. Mexico, 12, 26 June 1991, pg. 6.
[17] Montgomery, T. (1995). pg 146.
[18] Walter, K. (1997). pg. 28.
[19] David Escobar Galindo quoted in Juhn, T. (1998). pg. 129.
[20] For a detailed discussion on the different functions of security and national defense, see Aguilera Peralta, G. (1994). “Fuerzas Armadas, Redefinicion de Seguridad y Democracia en America Latina,” [Armed Forces, Redefinition of Security and Democracy in Latin America] in Ministerio de la Defensa Nacional, Relaciones Civiles-Militares en El Nuevo Marco Internacional. [Civil Military Relations in the New International Framework]. El Salvador: Impresora El Estudiante: pp.79 – 104.
[21] Article 212 of the El Salvador Constitution permits the President to deploy the Armed Forces, on an exceptional basis, for the maintenance of internal peace. Section 12 of Article 168 limits the duration of such a deployment to the minimum necessary to reestablish order. Additionally, it requires the President to inform the Legislative Assembly of the circumstances of such a deployment.
[22] See Chapter 1, Section 2, “Sistema Educativo de la Fuerza Armada” [Armed Forces Education System]
of the Chapultepec Peace Accords in United Nations publication: Acuerdos de El Salvador: En el Camino de la Paz. (1992). [El Salvador Peace Accords: The Road to Peace]. San Salvador, El Salvador: United Nations Department of Public Information.
[23] Rivas
Platero, D. (1996). “Planamiento del Sistema Educativo de la Fuerza Armada y su
Intergracion al Sistema Educativo Nacional.”
[Planning the Armed Forces Education System and its Integration in the
National Education System]. Cuaderno de Trabajo No. 01-96 La
Modernización de la Fuerza Armada de El Salvador Hacia el Siglo XXI. [Workbook No. 01-96, The Modernization of
the El Salvador Armed Forces for the 21st Century]. San Salvador, El
Salvador: Colegio de Altos Estudios Estrategicos.
[24] See United Nations document S/25078 dated 9 January 1993. This document is the 7 January 1993 letter, from the Secretary-General to the President of the United Nations Security Council concerning implementation of the provisions of the peace agreements relating to the purification of the Armed Forces. United Nations. (1995). The United Nations and El Salvador: 1990-1995. New York, NY: United Nations Department of Public Information.
[25] Walter, K. and Williams, P. (1993) “The Military and Democratization in El Salvador.” Journal of Inter- American Studies and World Affairs, Vol. 35, no. 1, 1993: pp. 66-67.
[26] For additional information on UN role in ensuring compliance with the Ad Hoc Commission’s requirements, see the following UN documents. S/25516, 2 April 1993, a letter dated 2 April 1993 from the UN Secretary-General to the President of the Security Council concerning the purification of the Armed Forces. S/26052, 8 July 1993, a 7 July 1993 letter from the UN Secretary-General to the President of the UN Security Council concerning the purification of the Armed Forces.
[27] See part C, “Reduction of the Armed Forces of El Salvador (FAES)” in UN document S/25812, 21 May 1993, the Report of the Secretary-General on all aspects of ONUSAL’s operations.
[28] Corado Figueroa, H. (1994). “Los Procesos de Desmovilización de las Fuerzas Armadas” [The Armed Forces Demobilization Process] in Aguilar Urbina, F. (ed.). (1994). Demobilization, Demilitarization and Democratization in Central America. San Jose, Costa Rica: Fundacion Arias: 147.
[29] See section IV of UN document, A/46/553-S/231308, dated 9 October 1991, a letter dated 8 October 1991from El Salvador transmitting the text of the Mexico Agreement and annexes signed on 27 April 1991 by the Government of El Salvador and the FMLN. Also refer to Chapter One of the Chapultepec Peace Accords in UN document A/46/864-S/23501, dated 30 January 1992, which transmits the entire text of the Peace Agreement between the Government of El Salvador and the FMLN, signed at Chapultepec Castle in Mexico City on 16 January 1992.
[30] For the full text of the recommendations, see Section V, Recommendations of UN document S/25500, dated 1 April 1993 a letter dated 29 March 1993 from the Secretary-General to the President of the Security Council transmitting the report presented on 15 March 1993 by the Commission on the Truth. “The Report of the Commission on the Truth for El Salvador”,
[31] Walter, K.and Williams, P. (1993). “The Military and Democratization in El Salvador.” Journal of Inter- American Studies and World Affairs, Vol. 35, no. 1: pg.163.
[32] See Constitutional reforms as outlined in UN document A/46/553-S/23130, dated 9 October 1991, a letter dated 8 October 1991 from El Salvador transmitting the text of the Mexico Agreement and annexes signed by the Government of El Salvador and the FMLN.
[33] For a detailed discussion of the concepts of security and national defense, see Gabriel Aguilera Peralta, “Fuerzas Armadas, Redefinicion de Seguridad y Democracia en America Latina,” and Gral. Carlos E. Celis Noguera, “El Nuevo Concepto de la Seguridad Democratica a la luz de los Cambios del Sistema Internacional,” [The New Concept of Democratic Security in view of the Changes in the International System] in Relaciones Civiles-Militares en El Nuevo Marco Internacional. [Civil-Military Relations in the new International Framework]. (1994). El Salvador: Impresora El Estudiante: pp. 79 – 113.
[34] For additional information on the establishment of the National Civil Police, see Chapter II of UN document A/46/864-S/23501, dated 30 January 1992, which transmits the entire text of the Peace Agreement between the Government of El Salvador and the FMLN, signed at Chapultepec Castle in Mexico City on 16 January 1992.
[35] See the Constitution of the Republic of El Salvador, Article 168, paragraph 18.
[36] Gentleman, J. (1998). “Inter-Institutional Relations in the National Policy Process,” in Schulz, D. (Ed.), The Role of the Armed Forces in the Americas: Civil-Military Relations for the 21st Century, Carlisle, PA: U.S. Army Strategic Studies Institute: pg. 128.
[37] Stepan, A. (1998). pp.128-145.
[38] For a complete discussion of Inspector General duties and responsibilities, see Bonilla Martinez, J. (1994). El Aporte de la Fuerza Armada para Consolidar el Sistema Democratico en El Salvador. [Armed Forces Support in Consolidating the Democratic System in El Salvador] Unpublished masters thesis, San Salvador, El Salvador: pp. 70-71.
[39] See Chapter II D, of UN document S/1994/561, dated 11 May 1994, the Report of the Secretary-General on ONUSAL’s activities from 21 November 1993 to 30 April 1994.
[40] Williams,
P. and Walter, K. (1997). Militarization and Demilitarization in El
Salvador’s Transition to Democracy. Pittsburgh: University of Pittsburgh
Press: pp.183.
[41] See paragraph II.A, Reforms in the Armed Forces, in the Annex to the UN document S/26581, dated 14 October 1993, Report of the Secretary-General on the implementation of the recommendations of the Commission on the Truth.
[42] Information
on Plan ARCE 2000 was taken from an El Salvador Armed Forces Joint Staff Fact
Sheet, dated 22 October 1999 and La Modernizacion de la Fuerza Armada de El
Salvador Hacia el Siglo XXI, (1996). [The Modernization of the Armed Forces
in the 21st Century]. San
Salvador, El Salvador, Colegio de Altos Estudios Estrategicos, pp.13-16.
[43] Lieuwen, E. (1961). Arms and Politics in Latin America. New York, Frederic A. Praeger Press, pp.151-153.
[44] Huntington, S. (1957). The Soldier and The State. Cambridge, Harvard University Press, pg.32.
[45] Rose, G., Interview by author, October 1999, Council on Foreign Relations, New York, NY.
[46] Diamond, L.
and Plattner, M. (Eds.). (1996).
“Introduction”. Civil-Military
Relations and Democracy Baltimore, MD: Johns Hopkins University Press,
pg.xxviii.
[47] Williams, P. and Walter, K. (1997). Militarization and Demilitarization in El Salvador’s Transition to Democracy pg.153.
[48] Armstrong, R. and Shenk, J. (1980). “El Salvador – Why a Revolution?” NACLA Report on the Americas, Vol. XIV, no. 4, pg. 46.
[49] Giralt-Barraza. (1998). pg. 24.