Declaracion de Viana, Gobierno Nacional-ELN, Acommpanamiento de la CCN y comon testigo del Gobierno de Espana
- Country/entityColombia
- RegionAmericas
- Agreement nameDeclaracion de Viana, Gobierno Nacional-ELN, Acommpanamiento de la CCN y comon testigo del Gobierno de Espana
- Date9 Feb 1998
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StagePre-negotiation/process
- Conflict natureGovernment
- Peace processColombia II - Samper
- PartiesThis agreement is signed in the Palace of Viana in the city of Madrid, Spain, on 9 February 1998 by:
JOSÉ NOÉ RÍOS and DANIEL GARCÍA PEÑA for the Colombian government
MILTON HERNÁNDEZ for central command and the leadership of ELN
JUAN VÁSQUEZ for the International Front
AUGUSTO RAMÍREZ OCAMPO and ANA MERCEDES GÓMEZ for CCN - Third partiesWitness for the Spanish government:
Fernando M. Villalonga, Secretary of State for International Cooperation
Eduardo Gutiérrez Sáenz de Buruaga, Director General of Foreign Policy for Ibero-America - DescriptionThis agreement sets the framework for future negotiations and establishes a forum for national dialogue to discuss peace, democracy and social justice.
- Agreement document
- Agreement document (original language)
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 societyPage 1, Article 1,
To convene a National Convention for Peace, Democracy and Social Justice to determine the structure of an agreement whose implementation will involve all required legislative instances and possible spaces, including the convening of a National Constitutional Assembly, in line with the insurgent group’s proposals, a referendum involving the broad democratic participation of all Colombians.
Pages 1-2, Article 2,
The national convention will be convened following a preparatory meeting that will take place on 5, 6 and 7 June this year at a location in Colombia to be previously determined by the parties based on the following points:
...
• A representative of the Spanish government will be invited as witness, in addition to a representative of each of the presidential candidates for the second round of the presidential elections (if a second round occurs), a representative of the incoming president and a representative of the party with the most votes other than the incoming president, the president of the National Congress, the president of the United Federation of Workers (Central Unitario de Trabajadores, CUT), the president of the Workers’ Union (Unión Sindical Obrera, USO), a representative of the trade union council, a representative of the government organisations responsible for the defence of human rights and a representative of the Communist Party. ... - 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 generalPages 1-2, Article 2,
The national convention will be convened following a preparatory meeting that will take place on 5, 6 and 7 June this year at a location in Colombia to be previously determined by the parties based on the following points:
...
Page 2, Article 3,
The complementary aspects for the development of the process to lead to the termination of the armed conflict will be determined in parallel to the gathering of requests related to the political and social conflict.
While the conflict persists, the parties will reach an agreement to ensure the respect for life and humanitarian conditions in the war in the context of international humanitarian law, in addition to safeguarding the civil population. - 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.
- DemocracyPage 1, Article 1,
To convene a National Convention for Peace, Democracy and Social Justice to determine the structure of an agreement whose implementation will involve all required legislative instances and possible spaces, including the convening of a National Constitutional Assembly, in line with the insurgent group’s proposals, a referendum involving the broad democratic participation of all Colombians.
Pages 1-2, Article 2,
The national convention will be convened following a preparatory meeting that will take place on 5, 6 and 7 June this year at a location in Colombia to be previously determined by the parties based on the following points:
...
• the terms for the transformation of social and political structures through concerted action taking into account factors such as the full force of human rights, social and economic justice, political democratisation, the definition of the role of the armed forces in a peaceful country, and sovereignty, integration and internationalisation; ... - 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
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPages 1-2, Article 2,
The national convention will be convened following a preparatory meeting that will take place on 5, 6 and 7 June this year at a location in Colombia to be previously determined by the parties based on the following points:
• The government and ELN will each have three representatives and decisions will be made by consensus.
. . .
The sessions of the preparatory meeting will be in private and the public will be informed of the decisions by communications that are mutually agreed between the parties.
• The government and ELN will provide the required security for participants in the meeting under the same procedure used in Santa Ana, Antioquia on 2 November 1997. The government will provide the guarantees required for transport and the negotiations.
• The preparatory meeting will determine the elements of the national convention, including:
• the terms for the transformation of social and political structures through concerted action taking into account factors such as the full force of human rights, social and economic justice, political democratisation, the definition of the role of the armed forces in a peaceful country, and sovereignty, integration and internationalisation;
• participants in the national convention, with a maximum of 100 people representing the country’s economic, political and social forces;
• date and location for the national convention, which must take place after the second round of the presidential election;
• methodological aspects of the national convention.
Page 3, Article 5,
This agreement must be ratified by ELN at two meetings to take place in Itagüí, one with the commanders Francisco Galán and Felipe Torres, and another with representatives of the central command. The same representatives of the government and CCN who sign this agreement will attend. It will also be ratified by the President of the Republic. - 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 signatoryWitness for the Spanish government:
Fernando M. Villalonga, Secretary of State for International Cooperation
Eduardo Gutiérrez Sáenz de Buruaga, Director General of Foreign Policy for Ibero-America - Referendum for agreementPage 1, Article 1,
To convene a National Convention for Peace, Democracy and Social Justice to determine the structure of an agreement whose implementation will involve all required legislative instances and possible spaces, including the convening of a National Constitutional Assembly, in line with the insurgent group’s proposals, a referendum involving the broad democratic participation of all Colombians. - International mission/force/similar
No specific mention.
- Enforcement mechanism4. The dialogue process to find the political solution, which begins with the signing of this preliminary agreement and its ratification, will be supported by the international community, primarily Spain, Mexico, Costa Rica and Venezuela.
The Spanish government will act as facilitator of the process, providing good offices and acting as host where necessary. This group may be extended by the agreement of the parties. International support must be based on the principles of neutrality, impartiality and discretion. - Related cases
No specific mention.
- SourceSource: En ausencia de un proceso de paz: Acuerdos Parciales y Mandato Ciudadano por la Paz, Biblioteca de la Paz – 1994-1998, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book IV) p. 271
DECLARATION OF VIANA
9 February 1998
Aware that the solution to the armed political–social conflict in Colombia requires a broad process of dialogue and consensus involving all sectors of society to ground the transformations of the country and its institutions and deliver peace based on democracy and social justice, the national government and the National Liberation Army (Ejército de Liberación Nacional, ELN), with the participation of the National Reconciliation Commission (Comisión de Conciliación Nacional, CCN) and supported by the good offices provided by the government of Spain, agree:
To convene a National Convention for Peace, Democracy and Social Justice to determine the structure of an agreement whose implementation will involve all required legislative instances and possible spaces, including the convening of a National Constitutional Assembly, in line with the insurgent group’s proposals, a referendum involving the broad democratic participation of all Colombians.
The national convention will be convened following a preparatory meeting that will take place on 5, 6 and 7 June this year at a location in Colombia to be previously determined by the parties based on the following points:
The government and ELN will each have three representatives and decisions will be made by consensus.
CCN will have three representatives and will be responsible for facilitating dialogue and consensus.
A representative of the Spanish government will be invited as witness, in addition to a representative of each of the presidential candidates for the second round of the presidential elections (if a second round occurs), a representative of the incoming president and a representative of the party with the most votes other than the incoming president, the president of the National Congress, the president of the United Federation of Workers (Central Unitario de Trabajadores, CUT), the president of the Workers’ Union (Unión Sindical Obrera, USO), a representative of the trade union council, a representative of the government organisations responsible for the defence of human rights and a representative of the Communist Party.
The sessions of the preparatory meeting will be in private and the public will be informed of the decisions by communications that are mutually agreed between the parties.
The government and ELN will provide the required security for participants in the meeting under the same procedure used in Santa Ana, Antioquia on 2 November 1997.
The government will provide the guarantees required for transport and the negotiations.
The preparatory meeting will determine the elements of the national convention, including:
the terms for the transformation of social and political structures through concerted action taking into account factors such as the full force of human rights, social and economic justice, political democratisation, the definition of the role of the armed forces in a peaceful country, and sovereignty, integration and internationalisation;
participants in the national convention, with a maximum of 100 people representing the country’s economic, political and social forces;
date and location for the national convention, which must take place after the second round of the presidential election;
methodological aspects of the national convention.
The complementary aspects for the development of the process to lead to the termination of the armed conflict will be determined in parallel to the gathering of requests related to the political and social conflict.
While the conflict persists, the parties will reach an agreement to ensure the respect for life and humanitarian conditions in the war in the context of international humanitarian law, in addition to safeguarding the civil population.
The dialogue process to find the political solution, which begins with the signing of this preliminary agreement and its ratification, will be supported by the international community, primarily Spain, Mexico, Costa Rica and Venezuela.
The Spanish government will act as facilitator of the process, providing good offices and acting as host where necessary.
This group may be extended by the agreement of the parties.
International support must be based on the principles of neutrality, impartiality and discretion.
This agreement must be ratified by ELN at two meetings to take place in Itagüí, one with the commanders Francisco Galán and Felipe Torres, and another with representatives of the central command.
The same representatives of the government and CCN who sign this agreement will attend.
It will also be ratified by the President of the Republic.
The government of Colombia, ELN and CCN express their gratitude to the Spanish government for its support and hospitality in reaching this preliminary agreement and its friendship with the Colombian people.
This agreement is signed in the Palace of Viana in the city of Madrid, Spain, on 9 February 1998 by:
JOSÉ NOÉ RÍOS and DANIEL GARCÍA PEÑA for the Colombian government
MILTON HERNÁNDEZ for central command and the leadership of ELN
JUAN VÁSQUEZ for the International Front
AUGUSTO RAMÍREZ OCAMPO and ANA MERCEDES GÓMEZ for CCN.
Witness for the Spanish government:
Fernando M. Villalonga, Secretary of State for International Cooperation
Eduardo Gutiérrez Sáenz de Buruaga, Director General of Foreign Policy for Ibero-America.