Primer Acuerdo entre el Gobierno Nacional y el Movimiento Jaime Bateman Cayón, Bases de la Negociación
- Country/entityColombia
- RegionAmericas
- Agreement namePrimer Acuerdo entre el Gobierno Nacional y el Movimiento Jaime Bateman Cayón, Bases de la Negociación
- Date8 Feb 1996
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StagePre-negotiation/process
- Conflict natureGovernment
- Peace processColombia II - Samper
- PartiesFor 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 partiesFor the Peace Facilitation Commission:
• NUBI FERNÁNDEZ PERLAZA
• GERMAN ROJAS NIÑO
• LIBARDO OREJUELA DÍAZ - DescriptionThis document is about the composition and rules of the negotiation table and the agenda for discussions.
- Agreement document (original language)
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 peopleGroups→Indigenous people→SubstantivePage 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 societyPage 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 generalPages 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.
- DemocracyPage 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 communicationRights related issues→Media and communication→OtherPages 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPages 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 GuaranteesPage 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.
- DDRSecurity sector→DDR→Demilitarisation provisionsPage 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 forcesPage 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 mechanismPage 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.
- SourceEn 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