Acuerdo entre los Comandos Ernesto Rojas y el Gobierno Nacional, Protocolo de Adhesion al Acuerdo de Paz del EPL

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Acuerdo entre los Comandos Ernesto Rojas y el Gobierno Nacional, Protocolo de Adhesion al Acuerdo de Paz del EPL
  • Date
    20 Mar 1992
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Colombian Conflict (1964 - ) )
  • Stage
    Implementation/renegotiation
  • Conflict nature
    Government
  • Peace process
    Colombia I - Gaviria
  • Parties
    Por el Gobierno Nacional
    GONZALO DE FRANCISCO
    Consejería para la Paz
    EDUARDO DIAZ URIBE
    Consejería para la Paz
    JOSE NOE RIOS
    Consejería para la Paz
    JHON GOMEZ MARTINEZ
    Director Programa Presidencial para la Reinserción
    Por los Comandos Ernesto Rojas
    ALEX CHACON
    HECTOR TANGARIFE
  • Third parties
    CARLOS ESPINOSA FACCIO LINCE
    Presidente del Senado de la República
    Presbítero FERNANDO GARCÍA
    Secretario Pastoral Social Conferencia Episcopal
    DARÍO MEJÍA
    ExConstituyente
    En la condición de reinsertados de EPL
    JAIRO DE J. ECHEVERRI MONTOYA.
    JOSE MORENO ROJAS.
  • Description
    A very short agreement whereby the CER subscribed to the agreement of February 1991 between the government and the EPL.


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 10,
    As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.
  • Traditional/religious leaders
    Page 2, Article 10,
    As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.
  • 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

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 1, Article 1,
    Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.
    The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime. The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

    Page 2, Article 5,
    The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life. In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country. Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

    Page 2, Article 6,
    The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL. In this respect, they will also be subject to any supplementary agreements signed by both parties.

    Page 2, Article 8,
    The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, Article 1,
    Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.
    The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime. The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

    Page 2, Article 5,
    The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life. In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country. Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

    Page 2, Article 6,
    The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL. In this respect, they will also be subject to any supplementary agreements signed by both parties.

    Page 2, Article 8,
    The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.
  • 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
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 1, Article 3,
    3. Under Decree 1943, 12 August 1991, the national government awards reprieve or amnesty based on the list of people submitted by the Ernesto Rojas Commandos (Annex 1). The council for peace will submit this list to the Ministry of Justice within 24 hours from the signing of this protocol, in compliance with chapter II of Decree 1943.
    Four people may be added to the list in the eight days following the signing of the protocol.

    Page 2, Article 4,
    4. Anyone who reoffends after the cessation of procedure established by the national government in Decree 213, 21 January 1991, as a result of the previous negotiations with EPL will not be eligible for reprieve or amnesty.
  • 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 7,
    For the implementation and monitoring of the reinsertion programme, the Ernesto Rojas Commandos will be represented by Alex Chacón Usquiano before the Presidential Office for Reinsertion.
  • Related cases

    No specific mention.

  • Source
    Source: Acuerdos con el EPL, MAQL y CRS, Diálogos con la CGSB, Biblioteca de la Paz – 1990-1994, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book III) p. 407

AGREEMENT BETWEEN THE ERNESTO ROJAS COMMANDOS AND THE NATIONAL GOVERNMENT, ACCESSION PROTOCOL FOR THE PEACE AGREEMENT, SANTAFÉ DE BOGOTÁ

20 March 1992

PROTOCOL

In the city of Santafé de Bogotá on 20 March 1992, a delegation of the Presidential Council for Peace, in representation of the national government, and the leadership of the Ernesto Rojas Commandos, members of the former Popular Liberation Army, met to formalise the following agreement:

Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.

The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime.

The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

The Ernesto Rojas Commandos accept the agreements signed between the national government and the Popular Liberation Army (Ejército Popular de Liberación, EPL) on 15 February 1991.

Under Decree 1943, 12 August 1991, the national government awards reprieve or amnesty based on the list of people submitted by the Ernesto Rojas Commandos (Annex 1).

The council for peace will submit this list to the Ministry of Justice within 24 hours from the signing of this protocol, in compliance with chapter II of Decree 1943.

Four people may be added to the list in the eight days following the signing of the protocol.

Anyone who reoffends after the cessation of procedure established by the national government in Decree 213, 21 January 1991, as a result of the previous negotiations with EPL will not be eligible for reprieve or amnesty.

The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life.

In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country.

Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL.

In this respect, they will also be subject to any supplementary agreements signed by both parties.

For the implementation and monitoring of the reinsertion programme, the Ernesto Rojas Commandos will be represented by Alex Chacón Usquiano before the Presidential Office for Reinsertion.

The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.

This event will be made known to the public via a joint communication.

As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.

SIGNED IN THE CITY OF SANTAFÉ DE BOGOTÁ

20 March 1992

For the national government:

GONZALO DE FRANCISCO, Peace Council

EDUARDO DIAZ URIBE, Peace Council

JOSE NOE RIOS, Peace Council

JHON GOMEZ MARTINEZ, Director of the Presidential Programme for Reinsertion

For the Ernesto Rojas Commandos:

ALEX CHACON

HECTOR TANGARIFE

Witnesses:

CARLOS ESPINOSA FACCIO LINCE, President of the Senate of the Republic

PRESBYTER FERNANDO GARCÍA, Pastoral–Social Secretary of the Episcopal Conference

DARÍO MEJÍA, former member of the National Constitutional Assembly

Reinserted members of EPL:

JAIRO DE J. ECHEVERRI MONTOYA

JOSE MORENO ROJAS