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

  • 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 - ) )
  • 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.


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.