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

  • 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 - ) )
  • 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.


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