Joint Communiqué #52, Havana

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Joint Communiqué #52, Havana
  • Date
    7 Mar 2015
  • 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 V - Santos
  • Parties
    The Government; the FARC – EP
  • Third parties
    -
  • Description
    This agreement outlines steps for the clean up and decontamination of land from the presence of explosive remnants of war.


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
    Page 1, Para. 5
    The NTS will be carried out in a traditional manner with a questionnaire to be previously submitted to the National Government and the FARC – EP (which will include socio-economic impact data). The questionnaire shall be developed specifically for Colombia. The team will evaluate all available information, shall consult key information sources and will also speak with men and women who live in the affected areas. The results of the NTS will be the basis for the development of a clean-up and decontamination plan.
  • Men and boys
    Gender→Men and boys→Gender neutral wording
    Page 1,
    [...]
    The NTS will be carried out in a traditional manner with a questionnaire to be previously submitted to the National Government and the FARC – EP (which will include socio-economic impact data). The questionnaire shall be developed specifically for Colombia. The team will evaluate all available information, shall consult key information sources and will also speak with men and women who live in the affected areas. The results of the NTS will be the basis for the development of a clean-up and decontamination plan.
    [...]
  • 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,
    Within the framework of de-escalation, seeking to move forward in building trust and in order to contribute to create security conditions for the inhabitants of risk zones due to the presence of land mines, improvised explosive devices, unexploded ordnance and explosive remnants of war, an in order to provide non-repetition guarantees to the communities, the Government and the FARC – EP have agreed to ask the Norwegian People’s Aid (NPA) organization to lead and coordinate the implementation of a land clean-up and decontamination project from APMs, IEDs, UXOs and ERWs.
    [...]

    Page 1,
    [...]
    The NTS will be carried out in a traditional manner with a questionnaire to be previously submitted to the National Government and the FARC – EP (which will include socio-economic impact data). The questionnaire shall be developed specifically for Colombia. The team will evaluate all available information, shall consult key information sources and will also speak with men and women who live in the affected areas. The results of the NTS will be the basis for the development of a clean-up and decontamination plan.
    [...]

    Page 2,
    In an initial phase, each multi-task team will be comprised by an NPA coordination and verification leader and the Government’s technicians. The Government will designate the Demining Engineers Battalion (BIDES, for its acronym in Spanish) for the mine removal. The entire clean-up and decontamination process will be accompanied by two members each from the Government, the FARC – EP and the communities.
    The Government will speed up the NPA’s certification process in order to move forward on other phases of this project, agreed by the National Government and the FARC – EP, and will also engage the support of civilian demining teams.
    [...]

    Page 2, Dialogue with the communities,
    During the implementation of the clean-up and decontamination process, an ongoing and close dialogue will be maintained between the NPA and the communities, in order to create trust on the quality of the clean-up and decontamination or removal operations, and information exchange on APMs, IEDs and UXOs or ERWs with the multi-task teams will be promoted by the communities.

    Page 2, Verification,
    In order to ensure that the clean-up and decontamination or removal operations comply with the necessary standards and to ensure that the territory is free of any suspected presence of APMs, IEDs and UXOs or ERWs, the NPA will conduct a systematic verification in accordance with best international practices and standards. The verification and the entire process involving the clean-up and decontamination operations will be accompanied by two National Government delegates, two representatives designated for said purpose by the FARC – EP, and two representatives from the communities.

    Page 2, Formal delivery to the national and local authorities and the communities,
    The NPA verification team, along with the delegates of the National Government and the FARC – EP, will formally deliver the decontaminated lands to the local community representatives and authorities.

    Page 2,
    [...]
    The National Government undertakes to guarantee the necessary technical and material resources and the transport logistics required by the NPA –which will be of a humanitarian nature- for the commissioning of the initiative, and to adopt the necessary measures for the recovery of the affected goods and services. Medical support personnel will be civilian. The Government will keep the Dialogue Table informed about all resources provided.

    Page 3,
    The NPA will certify that the site is free from any suspected presence of APMs, IEDs and UXOs or ERWs.
  • 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

    No specific mention.

  • 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,
    [...]
    The National Government undertakes to guarantee the necessary technical and material resources and the transport logistics required by the NPA –which will be of a humanitarian nature- for the commissioning of the initiative, and to adopt the necessary measures for the recovery of the affected goods and services. Medical support personnel will be civilian. The Government will keep the Dialogue Table informed about all resources provided.
  • 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

    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
    [Summary: The whole agreement provides for the clean up and decontamination of land from the explosive remnants of war, such as anti-personnel mines, improvised explosive devices and unexploded ordnance or explosive remnants of war in general, in cooperation with the Norwegian People’s Aid (NPA) organization. For detailed provisions see civil society, women, men, mobility, enforcement mechanism and past provision.]
  • Ceasefire

    No specific mention.

  • 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

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general
    Page 1,
    Within the framework of de-escalation, seeking to move forward in building trust and in order to contribute to create security conditions for the inhabitants of risk zones due to the presence of land mines, improvised explosive devices, unexploded ordnance and explosive remnants of war, an in order to provide non-repetition guarantees to the communities, the Government and the FARC – EP have agreed to ask the Norwegian People’s Aid (NPA) organization to lead and coordinate the implementation of a land clean-up and decontamination project from APMs, IEDs, UXOs and ERWs.
    [...]

    Page 3,
    The National Government and the FARC – EP undertake to maintain the areas clean and decontaminated, thus providing non-repetition guarantees to the communities.
    [...]
  • 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 2, Verification,
    In order to ensure that the clean-up and decontamination or removal operations comply with the necessary standards and to ensure that the territory is free of any suspected presence of APMs, IEDs and UXOs or ERWs, the NPA will conduct a systematic verification in accordance with best international practices and standards. The verification and the entire process involving the clean-up and decontamination operations will be accompanied by two National Government delegates, two representatives designated for said purpose by the FARC – EP, and two representatives from the communities.
    [...]

    Page 2,
    [...]
    The guarantors will accompany this project’s activities.

    The National Government and the FARC – EP will establish a technical group to determine the sites and the roadmap for the implementation of this measure, including the forms and specificities of their participation in the project.

    Page 3,
    [...]
    The Dialogue Table will establish a mechanism to report the progress and compliance with the implementation of this de-escalation measure, which is a mutual commitment.
    [...]
  • Related cases

    No specific mention.

  • Source
    Mesa de Conversaciones
    https://www.mesadeconversaciones.com.co/documentos-y-comunicados
    https://www.mesadeconversaciones.com.co/comunicados/comunicado-conjunto-52-la-habana-7-de-marzo-de-2015?ver=in

JOINT COMMUNIQUÉ # 52

HAVANA, MARCH /, 2015

AGREEMENT ON LAND CLEAN-UP AND DECONTAMINATION FROM THE PRESENCE OF ANTI-PERSONNEL MINES (APMs), IMPROVISED EXPLOSIVE DEVICES (IEDs) AND UNEXPLODED ORDNANCE (UXOs) OR EXPLOSIVE REMNANTS OF WAR (ERWs) IN GENERAL.

Within the framework of de-escalation, seeking to move forward in building trust and in order to contribute to create security conditions for the inhabitants of risk zones due to the presence of land mines, improvised explosive devices, unexploded ordnance and explosive remnants of war, an in order to provide non-repetition guarantees to the communities, the Government and the FARC – EP have agreed to ask the Norwegian People’s Aid (NPA) organization to lead and coordinate the implementation of a land clean-up and decontamination project from APMs, IEDs, UXOs and ERWs.

In order to ensure the continuity of the process, the possibility of including other organizations already accredited or accreditable in Colombia will be left open.

 Site selection:

The National Government and the FARC – EP will select an initial number of sites to be subject to a first clean-up and decontamination phase within the framework of de-escalation.

The decontamination efforts will prioritize those sites where the population is at greater risk of being affected by the presence of APMs, IEDs and UXOs or ERWs, based on information available to the National Government and the FARC – EP, and taking into consideration the information provided by specialized organizations and the communities.

 Information gathering using Non-Technical Survey (NTS) Teams.

An NPA team will conduct the NTS within the selected areas, with the participation in each NTS team of members representing the FARC – EP and National Government technicians, as required.

The NTS shall accurately identify the areas actually contaminated with APMs, IEDs and UXOs or ERWs, resorting as well to the support provided by local communities in the vicinity of contaminated areas.

The NTS will be carried out in a traditional manner with a questionnaire to be previously submitted to the National Government and the FARC – EP (which will include socio-economic impact data).

The questionnaire shall be developed specifically for Colombia.

The team will evaluate all available information, shall consult key information sources and will also speak with men and women who live in the affected areas.

The results of the NTS will be the basis for the development of a clean-up and decontamination plan.

 Clean-up and decontamination using multi-task teams.

The NPA shall form multi-task teams aimed at clearing confirmed dangerous areas from the threat of APMs, IEDs and UXOs or ERWs, mark the areas that will not be cleared during the pilot project, and ensure that local communities understand the risks associated to APMs, IEDs and UXOs or ERWs (by means of risk education).

In an initial phase, each multi-task team will be comprised by an NPA coordination and verification leader and the Government’s technicians.

The Government will designate the Demining Engineers Battalion (BIDES, for its acronym in Spanish) for the mine removal.

The entire clean-up and decontamination process will be accompanied by two members each from the Government, the FARC – EP and the communities.

The Government will speed up the NPA’s certification process in order to move forward on other phases of this project, agreed by the National Government and the FARC – EP, and will also engage the support of civilian demining teams.

The clean-up and decontamination of the confirmed dangerous areas will be carried out pursuant to international and national standards.

 Dialogue with the communities.

During the implementation of the clean-up and decontamination process, an ongoing and close dialogue will be maintained between the NPA and the communities, in order to create trust on the quality of the clean-up and decontamination or removal operations, and information exchange on APMs, IEDs and UXOs or ERWs with the multi-task teams will be promoted by the communities.

 Verification.

In order to ensure that the clean-up and decontamination or removal operations comply with the necessary standards and to ensure that the territory is free of any suspected presence of APMs, IEDs and UXOs or ERWs, the NPA will conduct a systematic verification in accordance with best international practices and standards.

The verification and the entire process involving the clean-up and decontamination operations will be accompanied by two National Government delegates, two representatives designated for said purpose by the FARC – EP, and two representatives from the communities.

 Formal delivery to the national and local authorities and the communities.

The NPA verification team, along with the delegates of the National Government and the FARC – EP, will formally deliver the decontaminated lands to the local community representatives and authorities.

 The guarantors will accompany this project’s activities.

 The National Government and the FARC – EP will establish a technical group to determine the sites and the roadmap for the implementation of this measure, including the forms and specificities of their participation in the project.

 The National Government undertakes to guarantee the necessary technical and material resources and the transport logistics required by the NPA –which will be of a humanitarian nature- for the commissioning of the initiative, and to adopt the necessary measures for the recovery of the affected goods and services.

Medical support personnel will be civilian.

The Government will keep the Dialogue Table informed about all resources provided.

 The National Government and the FARC – EP undertake to maintain the areas clean and decontaminated, thus providing non-repetition guarantees to the communities.

 The Dialogue Table will establish a mechanism to report the progress and compliance with the implementation of this de-escalation measure, which is a mutual commitment.

 The NPA will certify that the site is free from any suspected presence of APMs, IEDs and UXOs or ERWs.