Primer Acuerdo entre el Gobierno Nacional y el Movimiento Jaime Bateman Cayón, Bases de la Negociación

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Country/entity: Colombia
Region: Americas
Agreement name: Primer Acuerdo entre el Gobierno Nacional y el Movimiento Jaime Bateman Cayón, Bases de la Negociación
Date: 8 Feb 1996
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Colombian Conflict (1964 - )
The Colombian conflict is really a set of conflicts and the peace agreements reflect both different processes relating to different conflict groups and dyads, and processes taking place at different times in a complex peace process history. The Colombian civil war has its roots in the late 1940s and the violent infighting between liberal and the conservative factions. Emerging from the liberal tradition with a thorough grounding in nationalist communist ideology, the Revolutionary Armed Forces of Colombia—People's Army (FARC) began its armed insurrection against the Colombian government in 1964. Other left-wing guerrillas emerged as well, most notably the socialist/populist M-19, which would later be integrated into the formal political system in the peace process of 1990s; the National Liberation Army (ELN), which has strong roots in liberation theology, and the Maoist Ejército Popular de Liberación (EPL) (also part of the 1990 process, less successfully). Several stages of peace processes were undertaken by the various sides, which were further complicated by the emergence of right-wing paramilitary ‘self-defence’ forces. The peace agreement between the Colombian government under President Uribe and the main alliance of the paramilitary groups, the United Self-Defence Forces of Colombia (AUC), concluded in 2005 and is still heavily disputed as several remnants are still active, but now subsumed under the heading ‘Bacrim’ (Bandas criminales). In addition, FARC and ELN maintain a military presence, but both demonstrate a strong interest in completing successful peace negotiations with the government, with the most recent agreements being between FARC and the Government.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Colombia II - Samper
Parties: For the national government
• DANIEL GARCÍA PEÑA JARAMILLO
• RUBÉN SÁNCHEZ DAVID
• ALFREDO MOLANO BRAVO

For the Jaime Bateman Cayón Movement:

• JHON JAIRO
• JORGE ELIÉCER ZAPATA
Third parties: For the Peace Facilitation Commission:
• NUBI FERNÁNDEZ PERLAZA
• GERMAN ROJAS NIÑO
• LIBARDO OREJUELA DÍAZ
Description: This document is about the composition and rules of the negotiation table and the agenda for discussions.

Agreement document: CO_960208_PRIMER ACUERDO ENTRE EL GOBIERNO NACIONAL Y EL MOVIMIENTO JAIME BATEMAN CAYON - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_960208_PRIMER ACUERDO ENTRE EL GOBIERNO NACIONAL Y EL MOVIMIENTO JAIME BATEMAN CAYON.pdf (opens in new tab)| Download PDF

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: Groups→Indigenous people→Substantive
Page 2, 2. Composition and operation of the negotiations, Article d,
Two representatives of community organisations in the demilitarised zone may be present at the talks as witnesses: the governor of the indigenous council and another representative directly elected by the communities living in the demilitarised zone. Other witnesses may be invited by mutual agreement.
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 1, Article 1, Objective of the negotiations,
The objective of the negotiations is to find a permanent solution to the armed conflict by creating the conditions for long-lasting peace and the application of a methodology that allows all Colombians to participate in the process. The creation of conditions that render the use of arms unnecessary will be based on the expansion and consolidation of democracy, the participation of marginalised communities in the strengthening of national unity and the development of mechanisms to allow Colombians to live with their differences in order to build a new society.

Page 1, 2. Composition and operation of the negotiations, Article c,
One member of the Peace Facilitation Commission will be present at the talks and will act as moderator.

Page 2, 2. Composition and operation of the negotiations, Article d,
Two representatives of community organisations in the demilitarised zone may be present at the talks as witnesses: the governor of the indigenous council and another representative directly elected by the communities living in the demilitarised zone. Other witnesses may be invited by mutual agreement.

Pages 2-3, Composition and operation of the negotiations, Article h,
For each of the issues, if deemed appropriate, the parties may convene a forum for analysis and consensus with broad participation from civil society. The forum will conduct an initial analysis of the issue and will issue its conclusions, which will be submitted as proposals and working documents for the negotiations. Subject to the agreement of the parties, talks may continue while the forum for analysis and consensus takes place. Analysis and consensus forums will be subject to the following rules:
1. They will be chaired by one spokesperson from each of the parties and a representative of the Peace Facilitation Commission, who will act as moderator. Each of the forums will have rules of operation.
2. The chair of each forum will be entitled to invite up to 30 participants (advisers, specialists or stakeholders) to contribute analysis and proposals in the search for a solution.
3. The analysis and consensus forums will have a maximum duration of two weeks.
4. The analysis and consensus forums may hold public audiences to support the peace process, inviting groups of citizens interested in the issue to voice their demands, proposals and alternatives. Each such audience will last for one day.
5. The collective presidency of the forum will submit a signed statement of conclusions and recommendations to the talks, setting out the conclusions and recommendations in areas where consensus was reached and an annex of areas where it was not. This statement will serve as a basic input to the talks, although its acceptance is not mandatory.

Page 4, Article 5. Support,
The Peace Facilitation Commission will continue to actively support the process and provide its good offices as required. The verification commission for the demilitarised zone will also continue its work.
Traditional/religious leaders: No specific mention.
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: Pages 3-4, Article 3. Agenda,
The agenda for the first round of talks is as follows:
a. international humanitarian law
b. the media
c. legal guarantees.
The agenda for the second round will include the following issues:
a. multilateral dialogue
b. scaled social development
c. the use 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: Page 1, Article 1, Objective of the negotiations,
The objective of the negotiations is to find a permanent solution to the armed conflict by creating the conditions for long-lasting peace and the application of a methodology that allows all Colombians to participate in the process. The creation of conditions that render the use of arms unnecessary will be based on the expansion and consolidation of democracy, the participation of marginalised communities in the strengthening of national unity and the development of mechanisms to allow Colombians to live with their differences in order to build a new society.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Pages 3-4, Article 3. Agenda,
The agenda for the first round of talks is as follows:
a. international humanitarian law
b. the media
c. legal guarantees.
The agenda for the second round will include the following issues:
a. multilateral dialogue
b. scaled social development
c. the use of arms.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Pages 3-4, Article 3. Agenda,
The agenda for the second round will include the following issues:
b. scaled social development
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 3, 2. Composition and operation of the negotiations, Article l,
Each of the parties undertakes to respect and guarantee the personal safety and integrity of the negotiators and leaders of the other party, together with the communities of the demilitarised zone, regardless of the result of the negotiations.

Pages 3-4, Article 3. Agenda,
The agenda for the first round of talks is as follows:
a. international humanitarian law
b. the media
c. legal guarantees.
The agenda for the second round will include the following issues:
a. multilateral dialogue
b. scaled social development
c. the use of arms.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 4, 4. Schedule, Article a,
The demilitarised zone will be in force until 30 May 1996.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 2. Composition and operation of the negotiations, Article a,
The number of spokespeople at the talks will be previously agreed in line with the needs and nature of the issue to be discussed. There will be the possibility of a civil spokesperson from the guerrilla movement with specific roles to inform the country of the negotiation process, in line with the law. All decisions will be taken by consensus of the parties.

Page 1, 2. Composition and operation of the negotiations, Article b,
Up to three advisers of each party may be present at the talks. Advisers will be entitled to take part in the talks but may not act as spokespeople.

Pages 2-3, Composition and operation of the negotiations, Article h,
For each of the issues, if deemed appropriate, the parties may convene a forum for analysis and consensus with broad participation from civil society. The forum will conduct an initial analysis of the issue and will issue its conclusions, which will be submitted as proposals and working documents for the negotiations. Subject to the agreement of the parties, talks may continue while the forum for analysis and consensus takes place. Analysis and consensus forums will be subject to the following rules:
1. They will be chaired by one spokesperson from each of the parties and a representative of the Peace Facilitation Commission, who will act as moderator. Each of the forums will have rules of operation.
2. The chair of each forum will be entitled to invite up to 30 participants (advisers, specialists or stakeholders) to contribute analysis and proposals in the search for a solution.
3. The analysis and consensus forums will have a maximum duration of two weeks.
4. The analysis and consensus forums may hold public audiences to support the peace process, inviting groups of citizens interested in the issue to voice their demands, proposals and alternatives. Each such audience will last for one day.
5. The collective presidency of the forum will submit a signed statement of conclusions and recommendations to the talks, setting out the conclusions and recommendations in areas where consensus was reached and an annex of areas where it was not. This statement will serve as a basic input to the talks, although its acceptance is not mandatory.
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: No specific mention.
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: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 4, Article 5. Support,
The Peace Facilitation Commission will continue to actively support the process and provide its good offices as required. The verification commission for the demilitarised zone will also continue its work.
Related cases: No specific mention.
Source: En ausencia de un proceso de paz: Acuerdos Parciales y Mandato Ciudadano por la Paz, Biblioteca de la Paz – 1994-1998, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book IV) p. 204

FIRST AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND THE JAIME BATEMAN CAYÓN MOVEMENT ON THE BASIS FOR NEGOTIATIONS

8 February 1996

1. OBJECTIVE OF THE NEGOTIATIONS

The objective of the negotiations is to find a permanent solution to the armed conflict by creating the conditions for long-lasting peace and the application of a methodology that allows all Colombians to participate in the process.

The creation of conditions that render the use of arms unnecessary will be based on the expansion and consolidation of democracy, the participation of marginalised communities in the strengthening of national unity and the development of mechanisms to allow Colombians to live with their differences in order to build a new society.

2. COMPOSITION AND OPERATION OF THE NEGOTIATIONS

There will be one set of talks, which will function as the sole decision-making instance and will operate along the following lines:

The number of spokespeople at the talks will be previously agreed in line with the needs and nature of the issue to be discussed.

There will be the possibility of a civil spokesperson from the guerrilla movement with specific roles to inform the country of the negotiation process, in line with the law.

All decisions will be taken by consensus of the parties.

Up to three advisers of each party may be present at the talks.

Advisers will be entitled to take part in the talks but may not act as spokespeople.

One member of the Peace Facilitation Commission will be present at the talks and will act as moderator.

Two representatives of community organisations in the demilitarised zone may be present at the talks as witnesses:

the governor of the indigenous council and another representative directly elected by the communities living in the demilitarised zone.

Other witnesses may be invited by mutual agreement.

The talks will be held in continuous sessions between 0900 and 1700 on Thursdays and Fridays.

The parties may, by mutual agreement, change the times and days for talks and declare pauses to make any consultations they deem necessary.

Daily minutes will be produced summarising the aspects that have been discussed and specifying the agreements reached by the parties.

The talks will have a technical secretariat for this purpose, comprising one adviser from each of the parties.

Each of the issues on the agenda will be discussed in the order agreed by the parties.

Agreements may be partial and may be applicable immediately.

The parties may agree to suspend talks on one issue to make progress on another.

For each of the issues, if deemed appropriate, the parties may convene a forum for analysis and consensus with broad participation from civil society.

The forum will conduct an initial analysis of the issue and will issue its conclusions, which will be submitted as proposals and working documents for the negotiations.

Subject to the agreement of the parties, talks may continue while the forum for analysis and consensus takes place.

Analysis and consensus forums will be subject to the following rules:

They will be chaired by one spokesperson from each of the parties and a representative of the Peace Facilitation Commission, who will act as moderator.

Each of the forums will have rules of operation.

The chair of each forum will be entitled to invite up to 30 participants (advisers, specialists or stakeholders) to contribute analysis and proposals in the search for a solution.

The analysis and consensus forums will have a maximum duration of two weeks.

The analysis and consensus forums may hold public audiences to support the peace process, inviting groups of citizens interested in the issue to voice their demands, proposals and alternatives.

Each such audience will last for one day.

The collective presidency of the forum will submit a signed statement of conclusions and recommendations to the talks, setting out the conclusions and recommendations in areas where consensus was reached and an annex of areas where it was not.

This statement will serve as a basic input to the talks, although its acceptance is not mandatory.

When the talks reach an agreement on an issue, a statement of agreement will be signed by all members of the talks and the agreement may be submitted to the community for approval.

The development and progress of the negotiations will be publicly reported via joint communications issued at the frequency agreed by the parties to guarantee the spaces to allow the privacy required to analyse alternatives and discuss options.

The talks may be held in any part of the demilitarised zone and public sessions may be held when deemed relevant.

Each of the parties undertakes to respect and guarantee the personal safety and integrity of the negotiators and leaders of the other party, together with the communities of the demilitarised zone, regardless of the result of the negotiations.

After each round of talks, the parties will hold a meeting for their evaluation.

Once negotiations have started, the parties will not unilaterally interrupt them under any circumstances, except as a result of an agreement between them.

3. AGENDA

The agenda for the first round of talks is as follows:

international humanitarian law

the media

legal guarantees.

The agenda for the second round will include the following issues:

multilateral dialogue

scaled social development

the use of arms.

4. SCHEDULE

The demilitarised zone will be in force until 30 May 1996.

The first round of talks will take place between 1 March and 30 May 1996.

5. SUPPORT

The Peace Facilitation Commission will continue to actively support the process and provide its good offices as required.

The verification commission for the demilitarised zone will also continue its work.

For the national government

DANIEL GARCÍA PEÑA JARAMILLO

RUBÉN SÁNCHEZ DAVID

ALFREDO MOLANO BRAVO

For the Jaime Bateman Cayón Movement:

JHON JAIRO

JORGE ELIÉCER ZAPATA

For the Peace Facilitation Commission:

NUBI FERNÁNDEZ PERLAZA

GERMAN ROJAS NIÑO

LIBARDO OREJUELA DÍAZ

Vereda of Caraqueño, municipality of Miranda, department of Cauca