Acuerdo entre Gobierno Nacional y las Autodefensas unidas de Colombia para la zona de Ubicación en Tierralta (Acuerdo de Fátima)

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Acuerdo entre Gobierno Nacional y las Autodefensas unidas de Colombia para la zona de Ubicación en Tierralta (Acuerdo de Fátima)
  • Date
    13 May 2004
  • 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 IV - Uribe
  • Parties
    National Govt, AUC
  • Third parties
    Witness: For the OEA, MAPP/OEA support mission Sergio Caramagna
    For the Cath Church Monsenor Julio Cesar Vidal
  • Description
    Establishes large concentration zone in Cordona to faciliate and consolidate the negotiation process between the parties (i.e. DDR), improve verification of the ceasefire, and establish a timetable for demobilization.


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
    Groups→Religious groups→Substantive
    Pages 2-3, Article 6. Basic rules of operation,
    ...
    d. The Committee for Security and Coexistence will permanently operate in the Special Concentration Zone. The committee will comprise: one representative of the Office of the High Commissioner for Peace, one representative of OAS–MAPP and one representative of AUC. The committee will also have the following permanent guests: the church, a representative of the Ministry of Defence, the mayor of Tierralta, the departmental government of Córdoba, a representative of the community and any other agreed representatives. ...
  • 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, Untitled Preamble,
    The High Commissioner for Peace, in representation of the national government, and the
    members of the Negotiating Chiefs of Staff for the United Self-Defence Forces of Colombia
    (Autodefensas Unidas de Colombia, AUC), present on 12–13 May 2004, in Santa Fe de Ralito,
    supported by the Organisation of American States Mission to Support the Peace Process in
    Colombia (OAS–MAPP) and the Catholic Church, have reached the following agreement to
    govern the operation of the Special Concentration Zone in Tierralta, Córdoba.

    Pages 2-3, Article 6. Basic rules of operation,
    ... b. The national government and OAS–MAPP will have two offices in the Special
    Concentration Zone, whose security is the responsibility of the Colombian public forces. ...
    d. The Committee for Security and Coexistence will permanently operate in the Special
    Concentration Zone. The committee will comprise: one representative of the Office of
    the High Commissioner for Peace, one representative of OAS–MAPP and one
    representative of AUC. The committee will also have the following permanent guests:
    the church, a representative of the Ministry of Defence, the mayor of Tierralta, the
    departmental government of Córdoba, a representative of the community and any other
    agreed representatives. ...
    k. OAS–MAPP will receive a report on the media and equipment for communication in the
    power of civilians or AUC members operating in the zone.
    l. OAS–MAPP will undertake a process to provide information and raise awareness among
    the communities who are resident in the zone.

    Page 4, Article 8. Verification,
    a. OAS–MAPP will verify compliance with this agreement and the commitments made.
    b. The Verification Committee will operate inside the zone and will be responsible for
    supporting OAS–MAPP in verifying the cessation of hostilities at the national level.
    c. The Verification Committee will comprise one member of OAS–MAPP, one
    representative of the Office of the High Commissioner for Peace and one representative
    of AUC. The committee will produce a procedure for receiving and handling complaints,
    information and reports of violations of the cessation of hostilities.
  • Traditional/religious leaders
    Page 1, Untitled Preamble,
    The High Commissioner for Peace, in representation of the national government, and the members of the Negotiating Chiefs of Staff for the United Self-Defence Forces of Colombia (Autodefensas Unidas de Colombia, AUC), present on 12–13 May 2004, in Santa Fe de Ralito, supported by the Organisation of American States Mission to Support the Peace Process in Colombia (OAS–MAPP) and the Catholic Church, have reached the following agreement to govern the operation of the Special Concentration Zone in Tierralta, Córdoba.
  • 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

    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

    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

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→General commitments
    [Summary]
    The agreement as a whole provides for the establishment of a demilitarized zone, to facilitate the peace process between the Colombian government and the AUC, to help ensure the cessation of hostilities and the demobilization of the paramilitaries. For a more detailed summary please see 'DDR'.
  • Police

    No specific mention.

  • Armed forces
    Page 4, Article 7, Security of the zone,
    a. The Colombian public forces will be responsible for securing the perimeter of the zone
    and controlling access.
    b. People and vehicles entering the zone will be searched and subject to the security
    measures established for this purpose.
    c. Measures to allow the installation of an internal security cordon to protect AUC will be
    taken in coordination with the public forces.
    d. A security plan will be established and this will be periodically reviewed by the
    Committee for Security and Coexistence.
  • DDR
    Security sector→DDR→Demilitarisation provisions
    [Summary]
    The agreement as a whole provides for the establishment of a demilitarized zone, to facilitate the peace process between the Colombian government and the AUC, to help ensure the cessation of hostilities and the demobilization of the paramilitaries. The limits of the zone have been outlined in a resolution issued by
    the President of the Republic. It will have a duration of six month and any offensive operations against AUC members inside the demarcated territory will be suspended for the duration of the zone. Furthermore, the agreement includes guiding principles and basic rules of operation for the demilitarized zone. Colombian public forces will be responsible for the security of the zone. For details please see 'armed forces'. Further detailed information can be found unter 'enforcement mechanism', 'civil society' and 'religious groups'.
  • 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

    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
    [Summary] The Organisation of American States Mission to Support the Peace Process in
    Colombia (OAS–MAPP) is supporting the operation of the Special Concentration Zone and will also verify compliance with the agreement. For details please see 'civil society' and 'enforcement mechanism'.
  • Enforcement mechanism
    Page 4, Article 8. Verification,
    a. OAS–MAPP will verify compliance with this agreement and the commitments made.
    b. The Verification Committee will operate inside the zone and will be responsible for
    supporting OAS–MAPP in verifying the cessation of hostilities at the national level.
    c. The Verification Committee will comprise one member of OAS–MAPP, one
    representative of the Office of the High Commissioner for Peace and one representative
    of AUC. The committee will produce a procedure for receiving and handling complaints,
    information and reports of violations of the cessation of hostilities.
  • Related cases

    No specific mention.

  • Source
    cited in Theidon MJIL 2006. UN peacemaker

AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND THE UNITED SELF-DEFENCE

FORCES OF COLOMBIA FOR THE SPECIAL CONCENTRATION ZONE IN TIERRALTA, CÓRDOBA

(Agreement of Fátima)

Santa Fe Ralito, 12–13 May 2004

The High Commissioner for Peace, in representation of the national government, and the

members of the Negotiating Chiefs of Staff for the United Self-Defence Forces of Colombia

(Autodefensas Unidas de Colombia, AUC), present on 12–13 May 2004, in Santa Fe de Ralito,

supported by the Organisation of American States Mission to Support the Peace Process in

Colombia (OAS–MAPP) and the Catholic Church, have reached the following agreement to

govern the operation of the Special Concentration Zone in Tierralta, Córdoba.

1. Purpose of the zone

The Special Concentration Zone is established to:

a. facilitate the consolidation of the peace process and agreements between the

national government and AUC;

b. help ensure and verify the cessation of hostilities;

c. help produce an agreed schedule for demobilising AUC members;

d. allow the roundtable for dialogue to engage with all national and international

sectors;

e. facilitate citizen participation in the process and the contribution of Colombians.

2. Demarcation of the zone

The Special Concentration Zone is bounded by the limits set out in the resolution issued by

the President of the Republic under the powers conferred by Law 782, 2002.

There will be no commercial and private flights below 10,000 feet in the airspace of the

zone.

Aircrafts that need to use the space will have special authorisation from the national

government.

3. Duration

a. The zone will have a duration of six months, which may be extended in line with the

requirements of the process.

b. The date for the establishment of the Special Concentration Zone will be agreed

between the national government and AUC and communicated in a timely manner.

c. If the zone is terminated, either by agreement or unilaterally, AUC members will have

five days to leave the zone.

d. OAS–MAPP, supported by the church, will ensure compliance with this guarantee.

4. Legal guarantees in the zone

Under Law 782 capture orders and offensive operations against AUC members inside the

demarcated territory will be suspended for the duration of the zone.

5. Governing principles

The behaviour of AUC and the national government inside the Special Concentration Zone

will abide by the following basic principles:

 desire for peace  transparency  respect for residents of the zone  mutual respect  legality  flexibility and willingness to reach agreements  good faith  agreed confidentiality of the negotiations and the objectivity of public information.

6. Basic rules of operation

a. The full force of the state and Colombian law will prevail inside the Special

Concentration Zone.

b. The national government and OAS–MAPP will have two offices in the Special

Concentration Zone, whose security is the responsibility of the Colombian public forces.

c. AUC members who leave and re-enter the zone must be authorised and guaranteed by

the national government.

Permission will be limited and only given for activities related

to the peace process.

d. The Committee for Security and Coexistence will permanently operate in the Special

Concentration Zone.

The committee will comprise:

one representative of the Office of

the High Commissioner for Peace, one representative of OAS–MAPP and one

representative of AUC.

The committee will also have the following permanent guests:

the church, a representative of the Ministry of Defence, the mayor of Tierralta, the

departmental government of Córdoba, a representative of the community and any other

agreed representatives.

e. The Committee for Security and Coexistence will make decisions and coordinate actions

related to logistics, security, internal rules for coexistence and behaviour,

communications and the access of visitors to the zone.

f. AUC members will abstain from illegal activities, recruitment, exercising pressure or

making threats against residents or visitors, armed training and ordering or coordinating

illegal actions from within the zone.

g. Violations or infractions of Colombian law will be dealt with by the relevant authorities

in line with current legislation.

h. The entry, exit and movement of residents and people carrying out activities within the

zone will be guaranteed.

i. The Committee for Security and Coexistence will define a communications policy and

regulate media access to the Special Concentration Zone.

j. OAS–MAPP will receive an inventory of arms, material of war and ammunition held by AUC members in the zone.

AUC members will abstain from manufacturing, storing,

entering or removing arms, material of war and additional ammunition.

k. OAS–MAPP will receive a report on the media and equipment for communication in the

power of civilians or AUC members operating in the zone.

l. OAS–MAPP will undertake a process to provide information and raise awareness among

the communities who are resident in the zone.

7. Security of the zone

a. The Colombian public forces will be responsible for securing the perimeter of the zone

and controlling access.

b. People and vehicles entering the zone will be searched and subject to the security

measures established for this purpose.

c. Measures to allow the installation of an internal security cordon to protect AUC will be

taken in coordination with the public forces.

d. A security plan will be established and this will be periodically reviewed by the

Committee for Security and Coexistence.

8. Verification

a. OAS–MAPP will verify compliance with this agreement and the commitments made.

b. The Verification Committee will operate inside the zone and will be responsible for

supporting OAS–MAPP in verifying the cessation of hostilities at the national level.

c. The Verification Committee will comprise one member of OAS–MAPP, one

representative of the Office of the High Commissioner for Peace and one representative

of AUC.

The committee will produce a procedure for receiving and handling complaints,

information and reports of violations of the cessation of hostilities.

For the national government

 LUIS CARLOS RESTREPO RAMÍREZ, Former High Commissioner for Peace

For AUC:

 SALVATORE MANCUSO  VICENTE CASTAÑO  ADOLFO PAZ  JAVIER MONTAÑÉZ

 JORGE 40  JULIAN BOLÍVAR  HERNAN HERNÁNDEZ  MIGUEL ARROYAVE  ERNESTO BÁEZ  RAMIRO VANOY

Witnesses:

 SERGIO CARAMAGNA, OAS–MAPP  MONSIGNOR JULIO CÉSAR VIDAL, Catholic Church