Declaración de la Habana, Gobierno Nacional-ELN

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Country/entity
Colombia
Region
Americas
Agreement name
Declaración de la Habana, Gobierno Nacional-ELN
Date
15 Dec 2001
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 III - Arango
Parties
For the national government:
CAMILO GÓMEZ
RAMIRO VARGAS
JULIO LONDOÑO PAREDES

For ELN:
MILTON HERNÁNDEZ
ÓSCAR SANTOS
RAMIRO VARGAS
Third parties
-
Description
They agree: to propose an evaluation of the advances and obstacles to which the Colombian civil society and intl community will be invited; the delivery of 5 topical forums within a set timeframe to interchange initiatives and proposals on the topics (HR, state of participatory democracy, agrarian problems, drug traffic and agrarian alternatives, energy, mineral and hydrocarbon resources, economic and social problems) going into detail about how many and who will participate, and the procedures; meeting with a commission of ‘notables’ to analyse the recommendations; rounds in Havana and Caracas to project and advance the compromises on the topics of: ceasefire, means to reduce the conflict, problems of the energy sector and analysis and conclusions from the forums – details of the next such round; etc.

Agreement document
CO_011215_DECLARACION DE LA HABANA, GOBIERNO NACIONAL-ELN - tr.pdf | 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
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 1, Article 1,
Hold a peace summit in Havana, Cuba on 30–31 January to assess the effects, successes and obstacles in the dialogue process between the national government and ELN. The parties will invite representatives of Colombian society and the international community whose involvement in the peace process has made a significant contribution to its progress.

Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
i. International humanitarian law 25–27 February 2002;
ii. The state and participative democracy, 25–27 March 2002;
iii. The agrarian problem, drug trafficking and the substitution of illicit crops, 29 April to 1 May 2002;
iv. Energy, mining and hydrocarbon resources, 27–29 May 2002;
v. The economy and social problems, 24–26 June 2002.
The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.

Page 3, Article 6,
To strengthen and streamline the actions and activities of the Civil Facilitation Commission, the parties will establish a mandate to ensure the commission’s work is in keeping with the circumstances of the transitional period.
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
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
i. International humanitarian law 25–27 February 2002;
ii. The state and participative democracy, 25–27 March 2002;
iii. The agrarian problem, drug trafficking and the substitution of illicit crops, 29 April to 1 May 2002;
iv. Energy, mining and hydrocarbon resources, 27–29 May 2002;
v. The economy and social problems, 24–26 June 2002.
The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
Bill of rights/similar
No specific mention.
Treaty incorporation
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
i. International humanitarian law 25–27 February 2002;
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... ii. The state and participative democracy, 25–27 March 2002;
... The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
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
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... v. The economy and social problems, 24–26 June 2002.
The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
National economic plan
No specific mention.
Natural resources
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... iv. Energy, mining and hydrocarbon resources, 27–29 May 2002;
... The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
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
No specific mention.
Ceasefire
Security sector→Ceasefire→Ceasefire provision
Page 2, Article 4,
Hold rounds of sessions in Havana and Caracas to plan and take forward the commitments made in the Agreement for Colombia and make progress in implementing the agenda set out in this agreement in order to discuss the following issues:
i. ceasefire and cessation of hostilities
ii. measures to reduce the conflict
iii. problems in the energy sector
iv. analysis and discussion of conclusions from the thematic forums.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... iii. The agrarian problem, drug trafficking and the substitution of illicit crops, 29 April to 1 May 2002;
... The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
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
No specific mention.
Related cases
No specific mention.
Source
Source: Diálogo, negociación y ruptura con las FARC-EP y con el ELN, Biblioteca de la Paz – 1998-2000, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book V) p. 334

DECLARATION OF HAVANA, THE NATIONAL GOVERNMENT AND THE NATIONAL LIBERATION ARMY

Havana, Cuba, 15 December 2001

The national government and the National Liberation Army (Ejército de Liberación Nacional, ELN), present in Havana, Cuba, on 12–15 December, taking forward the first round of bilateral work agreed in the Agreement for Colombia, ratify our full desire to persist in the search for a political solution to the conflict.

In this respect, as a positive sign regarding the commitments acquired in the Agreement for Colombia, and in taking forward the dialogue process recently restarted by the parties in the city of Havana, Cuba, ELN will make important statements on peace from Colombia on 17 December to strengthen and ensure, with tangible results for the peace process, the continuity of the process during the implementation of the transitional agenda, in addition to contributing to the celebration of Christmas and New Year in a peaceful atmosphere.

With these announcements, ELN hopes to build trust in the restarted process, generating favourable conditions to allow Colombians to support us in the search for and construction of a new country.

For its part, the national government states that, in line with the content and scope of the statements planned by ELN, it will adopt the necessary measures and guarantees to facilitate the effective development of the transitional agenda and the peace process.

The national government and ELN also agree the following:

Hold a peace summit in Havana, Cuba on 30–31 January to assess the effects, successes and obstacles in the dialogue process between the national government and ELN.

The parties will invite representatives of Colombian society and the international community whose involvement in the peace process has made a significant contribution to its progress.

Hold five thematic forums outside the country based on the schedule below.

The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:

International humanitarian law 25–27 February 2002;

The state and participative democracy, 25–27 March 2002;

The agrarian problem, drug trafficking and the substitution of illicit crops, 29 April to 1 May 2002;

Energy, mining and hydrocarbon resources, 27–29 May 2002;

The economy and social problems, 24–26 June 2002.

The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them.

A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed.

After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.

Hold a meeting with the Commission of Eminent Persons in Havana, Cuba, on 21 December to analyse the report of recommendations produced as part of the peace process between the national government and FARC–EP.

Hold rounds of sessions in Havana and Caracas to plan and take forward the commitments made in the Agreement for Colombia and make progress in implementing the agenda set out in this agreement in order to discuss the following issues:

ceasefire and cessation of hostilities

measures to reduce the conflict

problems in the energy sector

analysis and discussion of conclusions from the thematic forums.

The next round will take place in Havana in the second week of January 2002.

We express our gratitude to the facilitation and support work carried out so far by the Group of Friendly Countries and invite them to hold a coordination meeting on the dates of the next round of sessions.

To strengthen and streamline the actions and activities of the Civil Facilitation Commission, the parties will establish a mandate to ensure the commission’s work is in keeping with the circumstances of the transitional period.

We express our gratitude to the government of Cuba for its hospitality and for providing the conditions to facilitate our space for dialogue, without which it would not have been possible to reach these agreements.

We call on the international community and Colombian society to continue supporting us in the process.

For the national government:

CAMILO GÓMEZ

RAMIRO VARGAS

JULIO LONDOÑO PAREDES

For ELN:

MILTON HERNÁNDEZ

ÓSCAR SANTOS

RAMIRO VARGAS