FRAMEWORK TREATY ON DEMOCRATIC SECURITY IN CENTRAL
AMERICA
The governments of the Republic of Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua and Panama, hereinafter referred to as "The
Parties,"
CONSIDERING
That the basic goal of the Central American Integration System
and of the Alliance for Sustainable Development is to integrate Central America
so that it will be consolidated as a region of peace, freedom, democracy and
development;
That the goals of the Central Integration System, which were
established in the Tegucigalpa Protocol, are to achieve the sustainable
development of Central America, which entails implementing a New Regional
Security Model, which is unique, comprehensive and indivisible, based on the
progress made in the region's intensive process of pacification and
integration;
That the countries of Central America have reaffirmed their
commitment to democracy, based on a government of laws and the guarantee of
basic freedoms, economic freedom, social justice, and the strengthening of a
community of democratic values among the countries, which are joined together by
ties of history, geography, brotherhood and cooperation;
That the sustainable development of Central America can only be
achieved by establishing a regional legal community that will protect, ensure
and promote human rights and guarantee security under law, and will ensure
peaceful relations and integration among the countries of the region;
That any situations that breach the peace and affect the
security of any Central American countries also affect all the countries of the
region and their inhabitants;
That agreement on the goals of democratic consolidation is not
incompatible with recognition of the special characteristics of each country in
the region, which includes the special status of those countries that have
decided on the elimination or constitutional permanence of their armed
forces;
That in recent years, as peace and democracy have been
consolidated, the countries of Central America have made important progress in
attaining these goals by demobilizing and reducing military forces and budgets,
separating police functions from national defense functions, eliminating
compulsory military service, and where necessary, adopting policies on impunity,
terrorism and drug trafficking, as well as the growing professionalism of the
public security institutions, among other things;
That the Central American Democratic Security Model is based on
the supremacy and strengthening of civil power, the reasonable balance of
forces, the security of persons and of their property, the elimination of
poverty and extreme poverty, the promotion of sustainable development, the
protection of the environment, the elimination of violence, corruption,
impunity, terrorism, drug trafficking, and arms trafficking. Also, the Central
American Security Model will increasingly devote resources to social
investments;
That it is essential, for attaining the goals and principles
set forth herein, to continue the efforts mentioned and to adopt a model legal
instrument for comprehensive achievement of all aspects of the New Democratic
Security Model that will ensure the permanence of the gains made;
Agree to sign this Treaty on Democratic Security in Central
America, as an instrument to complement the Tegucigalpa Protocol.
TITLE I
GOVERNMENT OF LAWS
Article 1. The Central American Democratic Security Model
is based on democracy and the strengthening of its institutions and a government
of laws; on governments elected by universal, free and secret suffrage and
unconditional respect for human rights in the countries of the Central American
region.
The Central American Democratic Security Model has its
raison d'être in respect for, promotion of and safeguarding of all human
rights, so that its provisions ensure the security of the Central American
countries and their inhabitants, by creating conditions that permit their
personal, family and social development in peace, freedom and democracy. It is
based on strengthening civil power, political pluralism, economic freedom, the
elimination of poverty and extreme poverty, the promotion of sustainable
development, the protection of the consumer, the environment and the cultural
heritage; the elimination of violence, corruption, impunity, terrorism, drug
trafficking, and arms trafficking; the establishment of a reasonable balance of
forces that will take into consideration the domestic situation of each country
and need for cooperation among all Central American countries to ensure their
security.
Article 2. The Central American Democratic Security Model
shall be governed by the following principles relating to this topic:
a. A government of law, which includes the supremacy of the
rule of law, the existence of security under the law, and the effective exercise
of civil liberties;
b. Strengthening and ongoing improvement of democratic
institutions in each country, for mutual consolidation of them within their own
sphere of action and responsibility, through a continuous and sustained process
of consolidation and strengthening of civil power, limiting the role of the
armed forces and of the public security forces to the authority given them
constitutionally, and the promotion of a culture of peace, dialogue,
understanding and tolerance based on the democratic values that the countries
have in common;
c. The principle of subordination of the armed forces, the
police and the public security forces to constitutionally established civil
authorities chosen in free, honest and pluralistic elections; and
d. Maintenance of a flexible and active dialogue and mutual
collaboration on security issues in the broad sense of the term in order to
ensure that democracy in the region is irreversible.
Article 3. To ensure the security of the individual, the
Parties undertake to see to it that all actions taken by the public authorities
are consistent with their legal system and fully respect international human
rights instruments.
Article 4. Each of the Parties shall establish and maintain
at all times effective control over their military and public security forces by
their constitutionally established civil authorities; shall see to it that those
authorities fulfill their responsibilities within this framework and shall
clearly define the doctrine, missions and functions of those forces and their
obligation to act solely in this context.
Article 5. Public and private corruption is a threat to
democracy and the security of the people and of the countries of the Central
American region. The Parties undertake to make every effort to eliminate all
forms of them at all levels.
In this connection, the meeting of the State comptroller
entities of each Party shall assist the Security Commission in the design,
establishment and implementation of regional programs and projects to modernize
and harmonize legislative, investigative, educational and corruption preventive
measures.
Article 6. The Parties shall make every effort to eliminate
the impunity of criminals. The Security Commission shall make contact with the
institutions and officials connected with this problem in order to help develop
programs to harmonize and modernize the criminal justice systems of Central
America.
Article 7. The Parties recognize the importance of having
their public authorities, military forces and public security forces conduct
their activities in accordance with the principles and recommendations in the
following resolutions of the General Assembly and the United Nations:
a. 40/34 Declaration on the Fundamental Principles of Justice
for Victims of Crime and Abuse of Power;
b. 43/173 Set of Principles for the Protection of all Persons
Subjected to any kind of Detention or Imprisonment;
c. 45/113 United Nations Rules for the Protection of Minors
Deprived of Liberty;
d. 3452 (XXX) Declaration on the Protection of all Persons
against Torture and Other Cruel, Inhumane or Degrading Punishment;
e. 34/169 Code of Conduct for Officials Responsible for Law
Enforcement.
As well as the Basic Principles on the Use of Force and Fire
Arms by Officials Responsible for Enforcing the Law, adopted by the Eighth
United Nations Congress on Prevention of Crime and Treatment of Delinquents.
Article 8. To strengthen democracy, the Parties reaffirm
their obligation to refrain from providing political, military, financial or any
other support to individuals, groups, irregular forces or armed bands that
threaten the unity and order of the State or that advocate the overthrow or
destabilization of the democratically elected government of any other of the
Parties.
Moreover, they reiterate their obligation to prevent the use of
their territory for organizing or conducting military actions, acts of sabotage,
kidnapping or criminal activities in the territory of another country.
Article 9. The Parties recognize the importance of the
Treaty of Mutual Legal Assistance in Criminal Matters, signed in Guatemala City,
the Republic of Guatemala, on October 29, 1993, and the special nature of any
constitutional provisions and any treaties and conventions that stipulate the
right of asylum or sanctuary.
TITLE II
SECURITY OF PERSONS AND THEIR PROPERTY
Article 10. The Central American Democratic Security Model
shall be governed by the following principles in connection with this Title:
a. Democratic security is integral and indivisible. The
solution of problems of security of persons in the region shall therefor be
based on a comprehensive and interrelated view of all aspects of sustainable
development in Central America, in their political, economic, social, cultural
and ecological expressions;
b. Democratic security is inseparable from human
considerations. Respect for the essential dignity of human beings, improvement
of the quality of life and the full development of human potential are required
for all aspects of security;
c. Supportive humanitarian aid in the event of emergencies,
threats and natural disasters; and
d. Poverty and extreme poverty are regarded as threats to the
security of the people and to the democratic stability of Central American
societies.
Article 11. To contribute to the consolidation of Central
America as a region of peace, freedom, democracy and development, the following
objectives are established:
a. To guarantee for all persons security conditions that will
enable them to participate and benefit from national and regional sustainable
development strategies, through the impetus of a market economy that will make
economic growth with equity possible;
b. Establish and strengthen mechanisms for operational
coordination of the competent institutions, to make more effective at the
national and regional level the struggle against crime and all threats against
democratic security that require the use of military, security or police forces,
such as terrorism, unlawful trafficking in arms, drug trafficking and organized
crime;
c. Strengthen cooperation, coordination, harmonization and
convergence of policies on the security of persons, as well as border
cooperation and furtherance of social and cultural ties among the peoples;
and
d. Promote cooperation among the countries to ensure security
under law for the property of persons.
Article 12. The General Secretariat of the Central American
Integration System shall be in charge of organizing and managing a Central
American Security Index and shall from time to time make progress reports on it
to the governments concerned, through the Security Commission of Central
America.
Article 13. The Parties undertake to:
a. Help spur regional promotion of all human rights and the
culture of peace, democracy and integration among the peoples of Central
America;
b. Promote the contribution of the mass media in the Parties to
achieving the objectives set forth in the preceding subparagraph; and
c. Promote projects to integrate border development, in a
spirit of Central American solidarity and democratic participation of the
people.
Article 14. The Parties undertake to promote ongoing
professional training and modernization of their public security forces to
enable them to conduct the broadest and most effective campaign against criminal
activity and protect the rights embodied in the domestic laws of each
country.
Also, they undertake to put into operation the Central American
Institute of Advanced Police Studies.
Article 15. The Parties recognize that poverty and extreme
poverty damage human dignity and are a threat to the security of the people and
to the democratic stability of the societies of Central America, and to that
end, they undertake to give priority to efforts to overcome the structural
causes of poverty and improve the quality of life of the people.
Article 16. Tailoring the national budgets to the reality
in each country shall be aimed at benefitting the social sector in health,
education and other fields that help to improve the quality of life of the
people, particularly the most deprived classes of society.
Article 17. The Parties undertake to cooperate in
eradicating drug trafficking and the unlawful trade in precursors and related
crimes, pursuant to international, regional and subregional agreements to which
they are Parties or any agreements they have concluded on these topics,
particularly the Agreement Establishing the Permanent Central American
Commission for the Eradication, Production, Trafficking in, Consumption and
Illicit Use of Narcotics and Psychotropic Substances. To this end, they shall
set up streamlined and effective mechanisms for communication and cooperation
among officials responsible for this work.
Article 18. The Parties undertake to prevent and combat
every kind of criminal activity having regional or international impact, without
any exception, such as terrorism, sabotage, and organized crime, and to prevent
by every means the planning, preparation and conduct of such activities within
their territory.
To that end, they shall strengthen cooperation and shall
promote the exchange of information among the agencies responsible for migration
control, the police and other competent officials.
Article 19. The Parties shall endeavor, if they have not
already done so, to initiate the necessary proceedings to approve, ratify or
accede to the following international agreements:
a. Convention for the Suppression of Unlawful Seizure of
Aircraft, 1963;
b. Convention to Prevent and Punish Acts of Terrorism Involved
in Offenses Against Persons and Any Related Extortion when such crimes are of
International Transcendence, 1971;
c. Convention for the Suppression of Unlawful Acts Against the
Safety of Civil Aviation, 1971;
d. Convention on Prevention and Punishment of Crimes against
Persons who are Internationally Protected, including Diplomatic Agents, 1973;
and
e. International Convention against the Taking of Hostages,
1979.
Article 20. The Parties undertake to take steps to combat
the activities of organized gangs trafficking in persons when such crimes are of
international transcendence in the region, in order to seek comprehensive
solutions to this problem.
Article 21. The Parties undertake to make every effort to
promote cooperation to ensure protection of the consumer, the environment, and
the cultural heritage of Central America, pursuant to any international and
regional agreements to which they are Parties or any they have signed on these
topics, particularly the Agreement Establishing the Central American Commission
on the Environment and Development. To that end, they shall establish
streamlined and effective mechanisms for communication and cooperation among
officials working in these areas.
Article 22. The Parties recognize that for effective
cooperation in these areas, it is essential, in the event this has not yet been
done, to initiate the necessary proceedings to approve, ratify or accede to
international and regional agreements on protection of the environment and the
cultural heritage.
Article 23. The Parties reaffirm their resolve to
appropriately reintegrate into society refugees, displaced persons and uprooted
persons who return voluntarily and peacefully to their territories, so that such
persons can enjoy all of their rights and improve their quality of life on an
equal footing with others, taking into consideration the domestic situation
prevailing in each country.
Article 24. The Parties undertake to take positions and
adopt joint strategies for defending their nationals abroad who face
repatriation or expulsion.
Article 25. The Security Commission, based on any proposals
it receives from the competent regional organs and in coordination with them,
shall formulate and forward to the sectoral or intersectoral councils concerned
recommendations on the following topics, among others:
a. Strengthen internal controls of borders, ports, airports,
air space and territorial seas to detect the following: unlawful trafficking of
cultural artifacts and facilitate their recovery; unlawful trade in wood, plant
and animal species; trafficking in and handling toxic wastes and hazardous
substances; drug trafficking and related crimes, particularly the unlawful trade
in precursors, money laundering and other activities; theft of vehicles, boats
and aircraft, without affecting any regional mechanisms they may agree upon to
prevent and punish such crimes;
b. Define criminal activities and harmonize and modernize their
laws on protecting consumers, the environment, the cultural heritage and any
other topics that require such action, with a view to establishing a common
standard of security;
c. Conclude agreements on the topics included under this
heading; and
d. Promote cooperation and coordination between entities having
jurisdiction and the public ministries of the Parties with a view to
streamlining their activities aimed at strengthening the fight against
crime.
TITLE III
REGIONAL SECURITY
Article 26. The Central American Democratic Security Model
shall be governed by the following principles, in connection with this
heading:
a. Equal sovereignty of States and enforcement of the law and
stability of legal institutions in their relations with each other;
b. Peaceful settlement of disputes, renouncing the threat or
use of force as a means of settling their differences. The countries shall
refrain from any act that might worsen conflicts or hamper the settlement of any
disputes by peaceful means;
c. Renunciation of the threat or the use of force against the
sovereignty, territorial integrity and political independence of any country in
the region that is a signatory of this Treaty;
d. Self determination of Central America, by which the
signatory states to this Treaty, define their own regional strategy for
sustainable development and international coordination;
e. Solidarity and security of the peoples and governments of
Central America in the prevention and joint settlement of common problems on
this topic;
f. Prohibiting the use of their territory to invade other
countries, to serve as a refuge for irregular forces, or to establish organized
crime;
g. The democratic security of each of the countries signing
this Treaty is closely connected with the security of the region. Accordingly,
no country shall strengthen its own security at the expense of the security of
other countries;
h. Collective defense and solidarity in the event of armed
attack by a country outside the region against the territorial integrity,
sovereignty, and independence of a Central American country, in accordance with
the constitutional provisions of the latter country and of the international
treaties in force;
i. The national unity and territorial integrity of the
countries in the framework of Central American integration; and
j. Respect for the goals and principles of the Charter of the
United Nations (UN) and the Charter of the Organization of American States
(OAS).
Article 27. The following are additional goals of the Model
regarding this topic:
a. Establish an early warning system to prevent threats against
the security of any of the Model's categories and an ongoing confidence-building
program among the countries of Central America;
b. Continue efforts to establish a reasonable balance between
military and public security forces, in accordance with the internal and
external situation of each State Party, conditions in Central America, and the
decisions of the civil authorities of the democratically elected governments of
the Parties;
c. Establish a Central American Mechanism for Security
Information and Communication;
d. Establish and strengthen Central American mechanisms for the
peaceful settlement of disputes, pursuant to the provisions of this Treaty;
e. Coordinate in the region ways to cooperate with
international efforts in maintaining and reestablishing international peace and
security; and
f. Promote law enforcement on the borders of the countries
signing this Treaty, through delimitations, demarcations, and settlement of
pending territorial disputes, where appropriate, and ensure the joint defense of
the territorial, cultural and ecological heritage of Central America, in
accordance with the machinery of international law.
Article 28. Without prejudice to the Annual Program of
Confidence Building Activities, which the Security Commission should prepare and
carry out, the Parties, pursuant to any treaties to which they are Parties,
undertake to:
a. Notify the other Parties in writing, through diplomatic
channels, no less than thirty days beforehand, about any land, air or naval
maneuver, movement of forces, or military exercise conducted under such
conditions as may be determined by the Security Commission, as regards: number
of troops, location with respect to the border, nature and quantity of equipment
that will be employed, among other things, and
b. Invite the other Parties to witness the above mentioned
activities. The Parties shall accord such observers the same immunity from civil
and penal jurisdiction as is accorded to diplomatic agents under the Vienna
Convention on Diplomatic Relations, during the duration of their mission and for
any acts carried out in the performance of their duties.
Article 29. In the event of unforeseen military operations
to deal with immediate security threats, the State that undertakes such
operations must report on them as soon as possible, pursuant to the provisions
of the previous article.
Article 30. The Parties undertake to combat unlawful
trafficking in military weapons, material and equipment, as well as small arms
for personal protection. To that end, they undertake also to establish specific,
modern and standardized regulations within their national jurisdictions.
Article 31. When a situation of unlawful weapons
trafficking cannot be resolved within the framework of national legal
procedures, the State or States involved shall endeavor to solve the problem by
means of communication and cooperation among their competent officials.
Article 32. The Parties undertake to continue their efforts
to limit and control armaments, by means of a reasonable balance of forces, in
accordance with the internal and external situation in each country.
Article 33. The reasonable balance and the adjustment of
military forces and budgets to achieve it shall take into consideration the
constitutional provisions of each Party and their defense needs, in light of
such basic factors as relevant geographic conditions and borders, and the
presence of foreign military forces or advisers, among others.
Article 34. The Parties undertake to refrain from
acquiring, maintaining or permitting the stationing in or transit through their
territories of weapons of indiscriminate mass destruction, including chemical,
radiological and bacteriological weapons. The Parties likewise undertake not to
construct or to allow anyone to construct in their territories, facilities to
manufacture or store such weapons.
The Parties recognize the effectiveness of the Treaty on the
Permanent Neutrality of the Panama Canal and on the operation of the Canal, as
States acceding to the Protocol of the Treaty, which guarantees at all times
peaceful and uninterrupted transit of the ships of all countries through the
Canal.
Article 35. In order to achieve effective control of
armaments, the Parties undertake the following:
a. To submit to the Security Commission, as often as the
Council of Ministers of Foreign Affairs determines, a report on the make up of
their military and public security institutions, and the organization,
facilities, armaments, material and equipment of those institutions, aside from
any aspects that by their nature are reserved to the constitution of each
State;
The report, which is classified as confidential for the State
and region, shall be drawn up according to the format and inventory content the
Security Commission may decide and shall include all naval, air, land and public
security data needed to make the information provided complete, transparent and
verifiable, solely and exclusively by the decision-making bodies of the Model
established in Article 47 of this Treaty or by whomever those bodies may
designate;
b. To provide information to the Security Commission on their
respective military and public security expenditures approved in their budgets
for the fiscal year, using as a frame of reference the "Instrument for the
Standardized International Presentation of Reports on Military Expenditures,"
adopted by the United Nations on December 12, 1990, pursuant to Article 52.k of
the present Treaty; and
c. To organize the system for Central American registry of
weapons and their transfer, pursuant to such proposal as the Security Commission
may draw up.
. Regarding any information requested pursuant to
the previous Article, each Party may request in the Security Commission from any
other Party such explanations as it deems necessary, for sixty days following
submission of such information. The Parties undertake to provide the
explanations requested, within sixty days following the date of such requests.
Article 37. The Security Commission shall set up a
standardized registry for weapons, explosives and equipments used solely by the
armed forces or the public security forces; this registry must be updated with
information the Parties undertake to provide continually.
Article 38. The Parties undertake to submit, to each other
and pursuant to any Treaties to which they may be parties, in the Security
Commission in the first half of each year, a report on any foreign military
personnel and advisers that take part in military or public security activities
in their territory. Likewise, they shall keep a registry of such advisers as
perform technical duties connected with training or installation and maintenance
of military equipment, and they shall provide a copy of such registry to the
Security Commission.
The registry shall be kept in accordance with any regulations
the Security Commission decides upon, which may also set reasonable limits on
the number of advisers of all military public and security categories and
specialties, taking into account the internal situations and requirements of
each Party.
Article 39. If any military incidents occur between two or
more of the Parties, the ministers of foreign affairs must immediately establish
contact to review the situation, avoid any increase in tensions, cease any
military activity, and prevent further incidents.
Article 40. In the event that direct channels of
communication are not sufficient to achieve the objectives described in the
preceding article, any of the Parties may ask that a meeting of the Security
Commission or of the Council of Foreign Ministers be called, if deemed
necessary. If so, the Chair of the Council of Ministers shall make the necessary
consultations with member countries and may call a meeting of the Security
Commission beforehand to obtain its recommendations.
Article 41. The Meeting of Presidents, the Council of
Ministers of Foreign Affairs and the Security Commission shall reach decisions
by consensus on all matters concerning the peace and security of the region.
Article 42. Any armed aggression, or threat of armed
aggression, by a state outside the region against the territorial integrity,
sovereignty or independence of a Central American state shall be considered an
act of aggression against the other Central American states.
In any event, the Central American countries, at the request of
the state attacked, shall act jointly and in solidarity to ensure in
international fora and agencies the legal political defense, through diplomatic
channels, of the Central American state attacked.
Article 43. In the event of armed aggression, after
exhausting all avenues of reconciliation and peaceful settlement of disputes,
the Central American states, shall, if possible, undertake, at the request of
the attacked state, to ensure, through such measures and procedures as may be
decided upon by the Council of Ministers of Foreign Affairs, in accordance with
the constitutional provisions of the states concerned, the United Nations
Charter, the Charter of the Organization of American States, and any treaties to
which the states concerned may be parties.
The Council of Ministers shall set up an ad hoc
operational organization to plan and coordinate in compliance with the
commitments contained in this article, as well as operational support in the
area of solidary cooperation to deal with emergencies, threats and
disasters.
Article 44. In the event of any external armed conflict and
in order to preserve the guaranties and rights of their people, the Parties
undertake to comply fully with the rules and principles of international human
rights law.
Article 45. Without affecting the provisions of the United
Nations Charter and the Charter of the Organization of American States on the
peaceful settlement of disputes, the Parties reaffirm their obligation to settle
any dispute that arises that might endanger the peace and security of the
region, through negotiation, investigation, mediation, reconciliation,
arbitration, court settlement or any other peaceful means of dispute
settlement.
Article 46. The Parties reaffirm their obligations assumed
in the Treaty of Tlatelolco to Ban Nuclear Weapons in Latin America, of February
14, 1967, and the importance of initiating, if they have not already done so,
the necessary steps to approve, ratify or accede to the following international
conventions:
a. Protocol for Banning the Use in Warfare of Poisonous
Asphyxiating and Similar Gases, of 1925; and
b. Convention on Banning the Development, Production and
Storage of Bacteriological, Biological, and Poisonous Weapons and on the
Destruction of Them, 1972.
TITLE IV
ORGANIZATION AND INSTITUTIONALIZATION
Article 47. The following are the decision-making bodies of
the Democratic Security Model in Central America:
a. The Meeting of Presidents;
b. The Council of Ministers of Foreign Affairs; and
c. The Security Commission.
The sectoral and intersectoral Councils shall establish the
necessary coordination with the Council of Ministers of Foreign Affairs, to
which they shall report on all of their agreements and resolutions on security
matters.
In this context, the ministers of defense and security or their
equivalents, shall advise and assist the Council of Ministers of Foreign
Affairs, on topics relating to the Council's operation, within the areas of
their competence.
The Advisory Committee established by the Tegucigalpa Protocol
may transmit, through the General Secretariat of the Central American
Integration System, its opinions to the Security Commission on matters covered
in this Treaty, concerning the security of persons and their property.
Article 48. The Meeting of Presidents is the highest
decision-making body of this Model and is responsible for dealing with regional
and international security matters that might require its decisions pursuant to
the provisions of the Tegucigalpa Protocol.
Article 49. The Council of Foreign Ministers is the
decision-making body responsible for all matters concerning regional and
international security, in its capacity as the principal coordinating organ of
the Central American Integration System.
Article 50. The Security Commission is a subsidiary
decision-making body for execution, coordination, evaluation and follow-up, and
for drafting proposals and recommendations on early warning, and where
appropriate, taking prompt action, and is subordinate to the Meeting of
Presidents and to the Council of Ministers of Foreign Affairs.
Article 51. The Security Commission is composed of
delegations of the Central American States whose members are Vice Ministers of
Foreign Affairs and Vice Ministers or the responsible officials in the areas of
Defense and Public Security. The Vice Ministers of Foreign Affairs shall head
the delegations of each state.
Article 52. The Security Commission shall have the
following responsibilities or duties:
a. Implement decisions on security matters entrusted to it by
the Meeting of Presidents or the Council of Ministers of Foreign Affairs and any
decisions that it makes itself in the area of its competence;
b. Evaluate compliance with Central American agreements on
security matters;
c. Review security problems in the region that require
concerted action and draft proposals to deal with them effectively. Such studies
and recommendations shall be submitted to the Council of Ministers of Foreign
Affairs for consideration and approval;
d. Establish the necessary communication and coordination,
through the General Secretariat of the Central American Integration System, with
the agencies, institutions and secretariats of the regional integration
subsystems, whose assistance is deemed necessary to deal comprehensively with
security problems;
e. Strengthen the mechanisms for coordinating operations in the
areas of defense, public security, and human rights cooperation when faced with
emergencies, threats and natural disasters;
f. Draft proposals for coordination and regional support with
international agencies and bodies devoted to maintaining international peace and
security and the fight against threats to the security of persons and their
property, which proposals shall be submitted beforehand to the Council of
Ministers of Foreign Affairs for approval;
g. Organize the Central American Mechanism on Information and
Communication for Security;
h. Draft activities for an ongoing annual confidence building
program, which will involve the participation of the armed forces and the
security forces in the region, together with the civil societies in Central
America;
i. Develop a system of periodic reports and a system for
registry of weapons and transfer of them, seeing to it that the information
provided is complete, transparent, and easily verifiable, and make proposals for
gradually establishing a reasonable balance of forces in the region;
j. Review the information provided by the Parties on foreign
military personnel and advisers and other foreign personnel who might take part
in military or public security activities in their territory, pursuant to
Article 38 of this Treaty;
k. Review the information provided by the governments on their
military security budgets for the fiscal year and draft joint proposals for
possible updating of future budgets, taking into consideration the internal
situation in each country;
l. Establish contact with the Central American organizations
that group together other branches or organs of the state, in order to reach
agreement on standardizing and modernizing laws concerning the subject and on
training programs for court and police officials;
m. Draft their rules of procedure, which shall be submitted to
the Executive Committee of the Central American Integration System for
information;
n. Provide all protection measures necessary for the security
and confidentiality of information received from the various Central American
States; and
o. Monitor compliance with the provisions of this Treaty and
perform any other duties given it herein.
Article 53. For the better performance of its duties, the
Security Commission may organize its work into sectoral subcommittees, which may
be on defense, public security, legal or intersectoral matters.
Article 54. The General Secretariat of the Central American
System shall provide technical and administrative secretariat services, at
meetings of the Security Commission and its subcommittees.
Article 55. The Security Commission shall regularly meet as
often as its members decide and shall hold special meetings when so decided by
the Meeting of Presidents or the Council of Ministers of Foreign Affairs or when
requested by one or more of its members to review an urgent matter. All members
must be present to constitute a quorum for its meetings.
Article 56. If the Security Commission fails to reach a
consensus, the chair is authorized to submit the topic to the Council of
Ministers of Foreign Affairs for decision.
Article 57. The Council of Ministers of Foreign Affairs, in
its capacity as the principal coordinating organ of the Central American
Integration System, shall be responsible for adopting and recommending to the
Meeting of Presidents any measures on prevention, crisis management, or dispute
settlement it deems necessary to deal with situations of any kind that, in the
judgment of the governments or the competent organs of the Central American
Security System, constitute a potential threat to the security of the states and
their people.
Article 58. The governments, through their ministries of
foreign affairs, shall submit the situations indicated in the previous article
to the Security Commission for review. They may also submit them directly to the
Council of the Ministers of Foreign Affairs.
The organs, institutions and secretariats of the Central
American Integration System shall, through its General Secretariat, call the
attention of the Council of Ministers of Foreign Affairs to any situation
indicated in the previous article.
Article 59. Without affecting the Annual Program of
Confidence-Building Activities, which the Security Commission is to draft and
implement, the Parties undertake to:
a. Establish and strengthen mechanisms for direct and prompt
communication among border officials; and
b. Promote the exchange of military and public security views
and information, consultations, and periodic visits among defense and public
security and similar institutions, as well as to award scholarships reciprocally
in their military and police academies.
Article 60. The Central American Mechanism on Information
and Communication for Security shall be composed of:
a. The Central American Security Index, organized and managed
by the General Secretariat of the Central American Integration System, with the
support of the Central American Integration Secretariats and Institutions and of
any international agencies it deems appropriate; and
b. The standing communication mechanism the Parties undertake
to establish and put into operation to facilitate sure, effective and prompt
contact among their competent civil, military and public security officials,
with each other and with the Security Commission, to prevent incidents, respond
to alerts and facilitate attainment of the goals and obligations set forth in
this Treaty.