Acuerdo General entre el Gobierno Nacional y el Partido Revolucionario de los Trabajadores, Don Gabriel, Ovejas, Sucre

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Acuerdo General entre el Gobierno Nacional y el Partido Revolucionario de los Trabajadores, Don Gabriel, Ovejas, Sucre
  • Date
    28 Dec 1990
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Colombian Conflict (1964 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Colombia I - Gaviria
  • Parties
    Por el Gobierno Nacional,
    HUMBERTO DE LA CALLE LOMBANA
    Ministro de Gobierno
    JESÚS ANTONIO BEJARANO
    Consejero Presidencial
    CARLOS EDUARDO JARA MILLO
    Asesor Consejería
    GONZALO DE FRANCISCO
    Asesor Consejería
    ALVARO HERNANDEZ
    Asesor Consejería
    GABRIEL RESTREPO
    Asesor Consejería

    Por el PRT,
    VALENTIN GONZALEZ
    SERGIO SIERRA
    PABLO RONCALLO
    RAFAEL GONzALEZ
    ERNESTO FALLA
    IVAN SUAREZ
  • Third parties
    Witness: Orlando Fals Borda, delegado a la ANC por la lista de la AD M-19
  • Description
    This agreement includes concrete steps of ceasefire including date (Jan 26, 1991) in exchange for a representative in the National Assembly who will seek full membership. The government declares to establish a presidential delegation office on the Atlantic coast for the defense and promotion of human rights in addition to a commission for human rights on the Atlantic Coast (specifies who will be represented within) which will implement mechanisms for social organisation and the community to learn about the human rights situation of the region. In exchange of the ceasefire, the government makes political, legal and economic guarantees for the legalisation and reinsertion of the PRT. Bilateral commissions will be established for this purpose. The PRT calls on other armed groups to follow their example and affirms its contribution to the peace process.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 2, Article 4,

    The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
  • Traditional/religious leaders
    Page 2, Article 4,

    The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, Untitled Preamble,
    The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment. The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

    Page 2, Article 5,
    As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access
    Page 2, Article 4,

    The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI
    Rights institutions→NHRI→New or fundamentally revised NHRI
    Page 2, Article 4,

    The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 2, Article 5,
    As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.
  • Ceasefire

    No specific mention.

  • Police
    Page 2, Article 4,

    The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
  • Armed forces
    Page 2, Article 4,

    The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
  • DDR
    Security sector→DDR→DDR programmes
    Page 1, Article 2,
    PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

    Page 1-2, Article 3,
    Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

    Page 2, Article 5,
    As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, Article 1,
    The PRT will have a permanent seat on the National Constitutional Assembly. The form of this participation will be defined before the proceedings for the surrender of arms. In light of the government’s offer of a permanent spokesperson, PRT ratifies its aspiration for its representative to have full rights.

    Page 1, Article 2,
    PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

    Page 1-2, Article 3,
    Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

    Page 2, Article 7,
    PRT expresses its aspiration for this agreement to contribute to progress in the negotiation processes with EPL and the Quintin Lame Armed Movement (Movimiento Armado Quintín Lame, MAQL) and issues a call to the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the National Liberation Army (Ejército de Liberación Nacional, ELN) to reach a truce in military operations and show signs of real willingness to achieve peace.
  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 1-2, Article 3,
    Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.
  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    Page 1, Untitled Preamble,
    The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment. The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory
    ORLANDO FALS BORDA
    Testigo, delegado a la ANC por la lista de la AD M-19.
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 2, Article 6,
    The national government and PRT will sign, as a constituent part of this agreement, a memorandum of commitment detailing the commitments and mechanisms to guarantee development of and compliance with the agreed issues.
  • Related cases

    No specific mention.

  • Source
    Acuerdos con el EPL, MAQL y CRS, Diálogos con la CGSB, Biblioteca de la Paz – 1990-1994, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book III) p. 182

GENERAL AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND THE REVOLUTIONARY WORKERS’ PARTY IN DON GABRIEL, OVEJAS, SUCRE

28 December 1990

The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment.

The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

As the pursuit of this objective is one of the fundamental objectives of the peace process, this is a crucial moment to consolidate the commitments and steps to ensure the emergence of new political and social forces represent the strengthening of aspirations to find a democratic solution to the conflicts of the Colombian people.

To achieve this, the national government and PRT sign the following general agreement:

The PRT will have a permanent seat on the National Constitutional Assembly.

The form of this participation will be defined before the proceedings for the surrender of arms.

In light of the government’s offer of a permanent spokesperson, PRT ratifies its aspiration for its representative to have full rights.

PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea.

Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated.

Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region.

It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic.

This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.

As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life.

Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.

The national government and PRT will sign, as a constituent part of this agreement, a memorandum of commitment detailing the commitments and mechanisms to guarantee development of and compliance with the agreed issues.

PRT expresses its aspiration for this agreement to contribute to progress in the negotiation processes with EPL and the Quintin Lame Armed Movement (Movimiento Armado Quintín Lame, MAQL) and issues a call to the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the National Liberation Army (Ejército de Liberación Nacional, ELN) to reach a truce in military operations and show signs of real willingness to achieve peace.

It also aspires for the national government, in a patriotic effort, to the search for a path to return to dialogue and negotiation in order to provide a political means to overcome armed conflict in the country.

Por el Gobierno Nacional,

HUMBERTO DE LA CALLE LOMBANA

Ministro de Gobierno

JESÚS ANTONIO BEJARANO

Consejero Presidencial

CARLOS EDUARDO JARA MILLO

Asesor Consejería

GONZALO DE FRANCISCO

Asesor Consejería

ALVARO HERNANDEZ

Asesor Consejería

GABRIEL RESTREPO

Asesor Consejería

ORLANDO FALS BORDA

Testigo, delegado a la ANC por la lista de la AD M-19.

Por el PRT,

VALENTIN GONZALEZ

SERGIO SIERRA

PABLO RONCALLO

RAFAEL GONzALEZ

ERNESTO FALLA

IVAN SUAREZ