Acuerdo de San Francisco de la Sombra para Concretar y Consolidar el Proceso de Paz

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Acuerdo de San Francisco de la Sombra para Concretar y Consolidar el Proceso de Paz
  • Date
    5 Oct 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 ALZATE, High Commissioner for Peace
    JUAN GABRIEL URIBE, Special Adviser

    For FARC–EP:
    MANUEL MARULANDA VÉLEZ, Commander in Chief of FARC–EP
    RAÚL REYES, Spokesperson
    JOAQUÍN GÓMEZ, Spokesperson
    SIMÓN TRINIDAD, Spokesperson
    ANDRÉS PARÍS, Spokesperson
    CARLOS ANTONIO LOZADA, Spokesperson
    JORGE BRICEÑO, Commander
    IVÁN RÍOS, Commander
  • Third parties
    -
  • Description
    This agreement addresses the issues and agenda to be included in future negotiations between the Government and the FARC. It also invite a National Peace Council to address disputes regarding the zone of separation (i.e. the zone where FARC are to canton themselves during the period of negotiations).


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 2, Article 3,
    The roundtable will also invite the various sectors from the national life to contribute to the process that is underway.

    Page 2, Article 4,
    The roundtable invites the National Peace Council to exchange opinions on the issues.

    Pages 2-3, Article 6,
    We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.
    In this respect we ratify the following:
    a. The only authority over this zone is exercised by the democratically elected mayors and other municipal officials, notwithstanding the authority exercised by the national government. Similarly, FARC ratifies its commitment to respect these.
    b. The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.
    c. In the Demilitarised Zone, all candidates, in addition to residents of the five municipalities, will be entitled to carry out political and electoral activities.
    d. Together with the mayors of the municipalities in the Demilitarised Zone, the roundtable will promote open meetings to allow residents of the zone to express their concerns. Observers may be invited to these meetings.
  • 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

    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 1, Recitals, Article 5,
    We are aware of the historic responsibility facing the people of Colombia, which, in light of the difficulties and sacrifices, maintains its faith in and hope of living in a country with social justice and overcoming the major economic, political and social differences that lie at the root of the conflict between Colombians.
  • 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
    Pages 2-3, Article 6,
    We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.
    In this respect we ratify the following:
    a. The only authority over this zone is exercised by the democratically elected mayors and other municipal officials, notwithstanding the authority exercised by the national government. Similarly, FARC ratifies its commitment to respect these.
    b. The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.
    c. In the Demilitarised Zone, all candidates, in addition to residents of the five municipalities, will be entitled to carry out political and electoral activities.
    d. Together with the mayors of the municipalities in the Demilitarised Zone, the roundtable will promote open meetings to allow residents of the zone to express their concerns. Observers may be invited to these meetings.
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1, Recitals, Article 4,
    The government emphatically and categorically rejects any form of kidnapping of members of parliament, civil servants and any other people. This will be raised as a priority in the study for the truce with ceasefire and cessation of hostilities.

    Page 2, Article 1,
    Immediately focus on the document of recommendations put forward by the Commission of Eminent Persons, which deals with issues such as the truce with ceasefire and cessation of hostilities, kidnapping, actions to end the phenomenon of paramilitarism and the possible convening of a National Constitutional Assembly, notwithstanding the Shared Agenda. The parties highly appreciate the other instruments that enrich their work and are being discussed by the roundtable.
  • Police
    Pages 2-3
    6. We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.
    In this respect we ratify the following:
    . . .
    C. The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 2, Article 1,
    Immediately focus on the document of recommendations put forward by the Commission of Eminent Persons, which deals with issues such as the truce with ceasefire and cessation of hostilities, kidnapping, actions to end the phenomenon of paramilitarism and the possible convening of a National Constitutional Assembly, notwithstanding the Shared Agenda. The parties highly appreciate the other instruments that enrich their work and are being discussed by the roundtable.

    Page 3, Article 8,
    FARC states and ratifies that sudden roadblocks (pescas milagrosas) do not form part of its policy. In this respect FARC will instruct all its members to refrain from such activities.
  • 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 2, Article 5,
    The roundtable will intensify its work and at the first meeting will draw up a timeline for analysing the aforementioned documents and implementing the activities described. It will carry out a monthly evaluation of progress made by the talks on the aforementioned issues and will inform the public, notwithstanding the previously agreed information mechanisms.
  • 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. 247

AGREEMENT OF SAN FRANCISCO DE LA SOMBRA TO SECURE AND CONSOLIDATE THE PEACE PROCESS

5 October 2001

In the rural area of the municipality of San Vicente de Caguán, the national government, represented by the High Commissioner for Peace, Camilo Gómez, and Special Adviser, Juan Gabriel Uribe, and the Revolutionary Armed Forces of Colombia – People’s Army (Fuerzas Armadas Revolucionarias de Colombia – Ejército Popular, FARC–EP), represented by its Commander in Chief, Manuel Marulanda Vélez, and its spokespeople on the Roundtable for Dialogue and Negotiation, Raúl Reyes, Joaquín Gómez, Simón Trinidad, Carlos Antonio Lozada and Andrés París, and Commanders Jorge Briceño and Iván Ríos, have reached the following agreement.

RECITALS

The negotiated political solution to the social and armed conflict is the correct way to resolve the crisis facing the country and is the greatest national desire.

The peace process requires a favourable atmosphere, free from armed confrontation between the parties.

The current levels of confrontation make it essential to reach agreements that lead to the reduction of the conflict.

The government emphatically and categorically rejects any form of kidnapping of members of parliament, civil servants and any other people.

This will be raised as a priority in the study for the truce with ceasefire and cessation of hostilities.

We are aware of the historic responsibility facing the people of Colombia, which, in light of the difficulties and sacrifices, maintains its faith in and hope of living in a country with social justice and overcoming the major economic, political and social differences that lie at the root of the conflict between Colombians.

Throughout the process, we have been able to create valuable instruments to achieve these purposes, the most important being the Shared Agenda for the Transition toward a New Colombia

We are aware that this is a critical moment that requires definitions, contributions and without doubt a new dynamic for the dialogue and negotiation process.

AGREEMENT

Immediately focus on the document of recommendations put forward by the Commission of Eminent Persons, which deals with issues such as the truce with ceasefire and cessation of hostilities, kidnapping, actions to end the phenomenon of paramilitarism and the possible convening of a National Constitutional Assembly, notwithstanding the Shared Agenda.

The parties highly appreciate the other instruments that enrich their work and are being discussed by the roundtable.

In this new phase, we believe that it is paramount to invite presidential candidates and the political parties and movements to refer to the aforementioned issues, make contributions to the process that is underway and exchange ideas on the political situation facing the country.

The roundtable will also invite the various sectors from the national life to contribute to the process that is underway.

The roundtable invites the National Peace Council to exchange opinions on the issues.

The roundtable will intensify its work and at the first meeting will draw up a timeline for analysing the aforementioned documents and implementing the activities described.

It will carry out a monthly evaluation of progress made by the talks on the aforementioned issues and will inform the public, notwithstanding the previously agreed information mechanisms.

We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.

In this respect we ratify the following:

The only authority over this zone is exercised by the democratically elected mayors and other municipal officials, notwithstanding the authority exercised by the national government.

Similarly, FARC ratifies its commitment to respect these.

The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.

In the Demilitarised Zone, all candidates, in addition to residents of the five municipalities, will be entitled to carry out political and electoral activities.

Together with the mayors of the municipalities in the Demilitarised Zone, the roundtable will promote open meetings to allow residents of the zone to express their concerns.

Observers may be invited to these meetings.

The above provisions are without prejudice to the powers of the president over the Demilitarised Zone.

FARC states and ratifies that sudden roadblocks (pescas milagrosas) do not form part of its policy.

In this respect FARC will instruct all its members to refrain from such activities.

The signatories to this agreement call for all Colombians to continue their efforts to find a political outcome to the country’s conflict.

5 October 2001

Signed

For the national government:

CAMILO GÓMEZ ALZATE, High Commissioner for Peace

JUAN GABRIEL URIBE, Special Adviser

For FARC–EP:

MANUEL MARULANDA VÉLEZ, Commander in Chief of FARC–EP

RAÚL REYES, Spokesperson

JOAQUÍN GÓMEZ, Spokesperson

SIMÓN TRINIDAD, Spokesperson

ANDRÉS PARÍS, Spokesperson

CARLOS ANTONIO LOZADA, Spokesperson

JORGE BRICEÑO, Commander

IVÁN RÍOS, Commander