Declaracion de Viana, Gobierno Nacional-ELN, Acommpanamiento de la CCN y comon testigo del Gobierno de Espana

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Country/entity: Colombia
Region: Americas
Agreement name: Declaracion de Viana, Gobierno Nacional-ELN, Acommpanamiento de la CCN y comon testigo del Gobierno de Espana
Date: 9 Feb 1998
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Colombian Conflict (1964 - )
The Colombian conflict is really a set of conflicts and the peace agreements reflect both different processes relating to different conflict groups and dyads, and processes taking place at different times in a complex peace process history. The Colombian civil war has its roots in the late 1940s and the violent infighting between liberal and the conservative factions. Emerging from the liberal tradition with a thorough grounding in nationalist communist ideology, the Revolutionary Armed Forces of Colombia—People's Army (FARC) began its armed insurrection against the Colombian government in 1964. Other left-wing guerrillas emerged as well, most notably the socialist/populist M-19, which would later be integrated into the formal political system in the peace process of 1990s; the National Liberation Army (ELN), which has strong roots in liberation theology, and the Maoist Ejército Popular de Liberación (EPL) (also part of the 1990 process, less successfully). Several stages of peace processes were undertaken by the various sides, which were further complicated by the emergence of right-wing paramilitary ‘self-defence’ forces. The peace agreement between the Colombian government under President Uribe and the main alliance of the paramilitary groups, the United Self-Defence Forces of Colombia (AUC), concluded in 2005 and is still heavily disputed as several remnants are still active, but now subsumed under the heading ‘Bacrim’ (Bandas criminales). In addition, FARC and ELN maintain a military presence, but both demonstrate a strong interest in completing successful peace negotiations with the government, with the most recent agreements being between FARC and the Government.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Colombia II - Samper
Parties: 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
Third parties: 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
Description: This agreement sets the framework for future negotiations and establishes a forum for national dialogue to discuss peace, democracy and social justice.

Agreement document: CO_980209_Declaracion de Viana - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_980209_Declaración de Viana.pdf (opens in new tab)| Download PDF

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 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 general: 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:
...

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.
Democracy: Page 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 forces: 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 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 signatory: 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
Referendum for agreement: Page 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 mechanism: 4. 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.
Source: Source: 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.