• Country/entity

  Colombia
  

• Region

  Americas
  

• Agreement name

  Agreement on the Bilateral and Final Ceasefire, End of Hostilities, and the Laying down of Weapons

• Date

  23 Jun 2016

• Agreement status

  Multiparty signed/agreed

• Interim arrangement

  Yes

• Agreement/conflict level

  Intrastate/intrastate conflict ( Colombian Conflict (1964 - ) )

• Stage

  Ceasefire/related

• Conflict nature

  Government

• Peace process

  Colombia V - Santos

• Parties

  By the National Government:
  Humberto de la Calle
  Head of the National Government Peace Delegation
  
  By the FARC -EP:
  Iván Márquez
  Head of the FARC-EP Peace Delegation

• Third parties

  By the Guarantor Countries: By the Republic of Cuba By the Kingdom of Norway By the accompanying countries: By the Bolivarian Republic of Venezuela By the Republic of Chile

• Description

  This agreement provides for a final ceasefire, end of hostilities, and laying down of weapons between the national government and the FARC-EP. It defines bilateral and definitive ceasefire and end of hostilities as the “end the offensive actions between the Security Forces and the FARC-EP, as well as hostilities and any behaviour that is forbidden by the annexe of the rules” defined in this agreement. It defines the laying down of weapons (DA, Dejación de Armas) as “a traceable, technical and verifiable procedure through which the United Nations (UN) will receive the entirety of the FARC-EP’s arsenal so it can be used to build monuments.” Specially, it defines how information should be provided to relevant authorities and commissions, broadcasting and communication of the progress of the implementation to national and international public, and the implementation time table. It further defines rules governing the CFHBD and DA, and provides for a Monitoring and Verification mechanism, dispute settlements procedures, territory-based and area-based mechanisms, transitional (Veredales) Zones of Normalisation, security zone (around the zones of normalisation), encampment zones and transit routes, and procedure to lay down weapons.

• Agreement document

  CO_160623_Acuerdo Bilateral-tr.pdf | Download PDF

• Agreement document (original language)

  CO_160623_borrador-conjunto-cfhbd-y-da.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

AGREEMENT ON THE BILATERAL AND FINAL CEASEFIRE, END OF HOSTILITIES, AND LAYING DOWN OF OF WEAPONS

BETWEEN THE NATIONAL GOVERNMENT AND THE FARC-EP

Preamble

The Government of the Republic of Colombia (National Government) and the Revolutionary Armed Forces of Colombia, People’s Army (FARC-EP);

in development of the sub points:

1.

Bilateral and definitive ceasefire and end of hostilities and 2.

Laying down of weapons, 3.

End of Conflict, of the General Agreement for Ending Conflict and Building Stable and Lasting Peace, signed in the city of Havana, Cuba, the 26th of August 2012, agree:

The National Government in compliance with the terms agreed in point 2 “Political participation:

opening up democracy to build peace”, reaffirms its commitment to the implementation of measures that will lead to full political and citizen participation in all social and political sectors, including measures to ensure mobilisation and citizen participation in matters of public interest, as well as facilitating the formation of new political movements and parties with the guarantee of participation, in secure conditions.

Likewise, the National Government reaffirms its commitment to that agreed in points 3.4.

and 3.6.

of point 3 End of Conflict, among which is the creation of a Integrated Security System for Political Activity, in the agreed terms in point 2 Political Participation, as part of a modern and qualitatively new concept of security that, in the context of the end of the conflict, is founded on respect for human dignity, on promoting and respecting human rights, and in defence of democratic values, in particular on protecting rights and freedoms of those who exercise the politics, especially of those who after the end of the armed conflict have transformed themselves into a political movement, and that therefore must be recognised and treated as such.

Additionally, the National Government and the FARC-EP express their commitment to contributing to the emergence of a new culture which would ban the use of weapons when exercising politics, and working together to achieve a national consensus in which all political, economic, and social sectors are agreed upon by exercising politics in which the values of democracy, free exchange of ideas and civilised debate;

in which there is no room for intolerance and politically motivated persecution.

This compromise is part of ensuring the non-repetition of the events that contributed to armed conflict between Colombians for political reasons.

Finally, the national government and the FARC-EP are committed to fulfilling the terms agreed upon here in regards to the bilateral and definitive ceasefire and end of hostilities [Spanish Acronym:

CFHBD] and laying down of weapons [Spanish Acronym:

DA, for Dejación de Armas], for which they will devise an action plan containing mutual commitments so that no later than 180 days after the signature of the final agreement the process of laying down weapons will have finished.

Definitions

The Bilateral and Definitive Ceasefire and End of Hostilities (CFHBD)

Definitively end the offensive actions between the Security Forces and the FARC-EP, as well as hostilities and any behaviour that is forbidden by the annexe of the rules that govern the CFHBD.

The definitive and bilateral ceasefire and end of hostilities (CFHBD) will begin on day D at H hours.

Lay down of Weapons (DA)

It is a traceable, technical and verifiable procedure through which the United Nations (UN) will receive the entirety of the FARC-EP’s arsenal so it can be used to build monuments.

Objective

The objective of the present agreement on CFHBD and DA is to definitively end offensive acts between the security forces and the FARC-EP, and in general end hostilities and any act mentioned in the rules that govern the CFHBD, including the effect on the population, and thus create conditions that will allow for the final agreement to begin being implemented, as well as the laying down of weapons and prepare institutions and the country for the reintegration to civilian life of the FARC-EP.

Provision of information

The National Government and the FARC-EP deliver data gradually, appropriately detailed, and in the moments agreed to facilitate the planning and implementation of:

1. The Mechanism for Monitoring and Verifying (MM&V) 2.

Budget and logistics 3.

security and field mechanisms 4.

Fulfilment of tasks inherent to the CFHBD process;

as well as 5.

The laying down of weapons and 6.

The reintegration of FARC-EP into civilian life.

Announcement and Inception of the CFHBD and DA

The National Government and the FARC-EP will inform the national and international public opinion about what they agreed upon:

“to end in a definitive manner the offensive actions between security forces and FARC-EP, as well as hostilities and any behaviour that is forbidden by the annexe of the rules that govern the CFHBD and DA in the present agreement.

The CFHBD and the DA process will begin day D at H hours”.

Once the aforementioned announcement has been made, a reasonable timeframe will be established for deploying the MM&V, and for adapting in-territory mechanisms of the FARC-EP and security forces.

Broadcasting and Communication

With the signature of the CFHBD and DA Agreement, precise instructions will be given to the security forces and the FARC-EP structures, so that they can carry out the necessary actions to start CFHBD and DA.

Timetable

The National Government and the FARC-EP have agreed to establish a logical sequence for developing the activities of the CFHBD and DA.

To this end, they will carry out actions described in the annexed timetable which uses events and dates before day D hour H as reference.

The procedures and terms for developing the present Agreement are described in the following annexes and protocols:

CFHBD and DA Introduction

1. Provision of Information

2. Broadcasting and Communication

3. Timetable

Rules governing the CFHBD and DA

Monitoring and Verification

1. Deployment of MM&V

2. Information Flow

3. Management of strategic communication

4. Recording and analysis of information

5. Monitoring of Arms, Ammunition and Explosives

Territory-Based Mechanisms

1. Territory-based and Area-based mechanisms

2. Travel Routes and coordination of movements in the territory

Security

1. People’s Security

2. Transit Security

3. Territory-based and Area-based security mechanisms

4. Weapons, ammunition and explosives transport

5. Weapons, ammunition and explosives handling

6. Weapons, ammunition and explosives storage

7. Weapons, ammunition and explosives control

Logistics

1. Logistics

Lay down of weapons

1. Identification

2. Record

3. Collection

4. Storage

5. Final disposal of Weapons

This list of protocols is subject to changes agreed between the National Government and the FARC-EP.

Rules governing the CFHBD and DA

The rules that govern the CFHBD and DA are all those arising by virtue of this Agreement that seek to avoid breaking the CFHBD and DA, whether they affect the civilian population or the adversary.

The rules that govern the CFHBD and DA aim to identify actions that cause the violation of the ceasefire;

monitoring of these actions constitutes the core of the MM&V’s mandate.

In the annex regarding the matter, which is an integral part of the present agreement, actions which the security forces and the FARC-EP commit to not performing are clearly identified.

Monitoring and Verification

For the purposes of implementing this agreement a Monitoring and Verification Mechanism (MM&V) will be established, in charge of verifying the fulfilment of the agreement and allowing management of distinct factors that could put the CFHBD and DA under risk, and particularly define compliance with the rules that Govern the CFHBD and DA.

The functions, procedures and scope are set out in the mandate of the MM&V.

This is a technical, efficient and flexible mechanism that contributes to generating transparency, credibility and confidence in the process of implementing the CFHBD.

With regard to the laying down of weapons, the international component of the MM&V (CI-MM&V) will verify the terms and the appropriate guarantees established in the protocols of the Agreement.

The structure of the MM&V is composed of three levels:

one at the national level;

eight (08) regional verification structures;

and a few local verification structures deployed in the identified areas.

The MM&V will be a tripartite technical mechanism, and will be composed of representatives of the National Government (the security forces), the FARC-EP, and an international component consisting of a political mission of unarmed observers of the UN, composed mainly of observers from member countries of the Latin American and Caribbean States Community (CELAC).

The International Component presides in all instances the MM&V, and is responsible for settling disputes, submitting recommendations and generating reports, in accordance with the guidelines that they have been given with the aim of ensuring and bringing impartiality and transparency to CFHBD and DA.

The number of monitoring teams depends on the following criteria:

areas, number of people and arms to monitor, topography and risk factors in each of the areas identified for monitoring.

The MM&V has interaction with communities, social organizations, political actors and State institutions, at national, regional and local level, which may contribute to its work by providing information, helping in broadcasting its reports to the public, as well as presenting proposals and suggestions.

Dispute settlements for CFHBD and DA

Regional and National Verification authorities are responsible of observing and verifying the incidents or violations of this Agreement of CFHBD and DA, in accordance with the information documented by the monitoring teams, as well as submitting recommendations to the National Government and the FARC-EP, to prevent or correct acts that violate the CFHBD and DA.

Adapting territory-based and area-based mechanisms

For the purposes of complying with the Agreement on the CFHBD and DA;

as well as to advance the preparations for the process of economic, political and social reintegration of the FARC-EP into civilian life, in accordance with their interests, as stated in sub-point 2 of point 3 of the General Agreement for Ending Conflict and Building Stable and Lasting Peace;

the National Government and the FARC-EP agree to establish 23 Transitional Veredal Zones [Smallest municipal entity in Colombia] of Normalisation [Spanish Acronym ZVTN], and 8 camps.

Starting from day D+1, security forces will reorganise the presence of the troops to facilitate movement of FARC-EP structures to these areas and to comply with the Agreement on the CFHBD and DA.

For their part, starting from day D+5, the various missions, commissions and Tactical Combat Units (UTC) of the FRAC-EP fronts will be moving toward the previously agreed ZVTN, along routes established by mutual agreement between the National Government and the FARC-EP.

All of the above is monitored and verified by the MM&V;

in accordance with the mandate of said mechanism;

with the text of this Agreement and with the Protocols agreed upon by the National Government and the FARC-EP.

Transitional (Veredales) Zones of Normalisation

Their aim is to guarantee the CFHBD and DA, and begin the process of preparing for the reintegration into civilian life of the FARC-EP structures in economic, political and social terms, in accordance with their interests, as is stated in point 3, sub-point 2 of the General Agreement, and their transition towards legality.

These areas are territorial, temporary and transitional, clearly-defined, delimited and previously agreed between the National Government and the FARC-EP, and supported by the monitoring and verification of the MM&V, which in each ZVTN will join forces with Local Verification Teams.

The ZVTN are located by common agreement and have road (accessible by land or fluvial routes) access;

their limits correspond to the limits of the ‘veredas’ [Smallest municipal entity in Colombia] where they are located;

they may be extended or reduced by mutual agreement depending on the size of the ‘veredas’ where they are located.

They also have a reasonable spread that allows monitoring and verification by the MM&V and fulfilment of the objectives of the ZVTN, using geographical features or characteristics of the terrain as reference.

In developing the Agreement on CFHBD and DA, both security forces and the FARC-EP must comply with the rules that govern the CFHBD and DA, as well as with the other chapters and protocols that make up the Agreement on CFHBD and DA.

The MM&V has no-limit access to the ZVTN stipulated in annex X to the present agreement, and to the security force units, committed to the mechanisms specified in annex Y of this Agreement.

To ensure the implementation of this agreement, permanent communication between the MM&V and delegates nominated by the National Government and the FARC-EP will be established.

While the ZVTN are in operation, the FARC-EP are responsible of their combatants within these zones.

The exit of FARC-EP combatants towards the camps is done without weapons and civilly.

Once strengths of the FARC-EP have been identified, the National Government will suspend the arrest warrants of all members of the FARC-EP that are within the ZVTN, on delivery from the FARC-EP of a list of all its members present in each.

FARC-EP members that, by virtue of the amnesty law, have benefited from the release from imprisonment, if they so wish, may integrate into these areas to continue the process of reintegration into civilian life.

To this end, places to stay outside the camps within the ZVTN sites will be organised.

During the term of the Agreement on CFHBD and DA, the FARC-EP will designate a group of 60 of its members (men and women) that can be mobilised at a national level to perform duties related to the Peace Agreement.

Likewise, for each ZVTN, FARC-EP will designate a group of 10 of its members that can be mobilised at a municipal and departmental level, to fulfil tasks related to the Peace Agreement.

For these offsets, members of the FARC-EP will agree on security measures with the National Government, which will make available two protection teams per zone for the movement.

The exit from ZVTNs will be under the responsibility of FARC-EP orders.

The FARC-EP members designated for the tasks referred to in the preceding paragraph must immediately store weapons in containers under verification of the CI-MM&V. Likewise so must any FARC-EP member that requires exit to receive emergency medical attention or specialised medical treatment that is not provided within the ZVTN.

The National Government and the FARC-EP commit to implementing this Agreement is carried out without limiting in any manner the functioning of non-armed authorities, the development of regions’ economic, political and social activity, life in the communities, and the ability for people to exercise their rights;

they will also not limit the normal functioning of communal, social, and political organisations that have a presence in the territories.

Within the ZVTN the full force of the Social State based on the rule of law will be ensured, for which the functioning of civil authorities will be maintained without limitations.

The non-armed civil authorities that have presence in the areas will remain and continue to perform their functions in the same manner, without prejudice towards that agreed in the CFHBD.

The ZVTN may not be used for demonstrations of a political nature.

Non-armed civil authorities can permanently enter ZVTN with no limitation, except for areas of the camps where FARC-EP structures are located.

Each ZVTN will have a reception area, to greet people arriving.

Civilian population will not be able to enter the camps at any time.

During the period of validity of the ZVTN the right for civilians to carry and possess weapons within these areas will be suspended.

The MM&V’s mission is to monitor and verify the implementation of the Protocols agreed by the National Government and the FARC-EP for the ZVTN and units of the Security Forces involved in the mechanisms set forth in Annex Y of this Agreement.

In the event of any fact or circumstance arises within a ZVTN that requires the presence of the National Police or any other armed State Authority, this will be done whilst informing the MM&V, so as to be able to coordinate entry in accordance with the protocols agreed by the National Government and the FARC-EP.

The number of camps within each ZVTN, agreed by the National Government and the FARC-EP, will be determined by the ground conditions and the number of combatants within the area.

In any case the camps will be located in such a way that the MM&V can exercise its function of monitoring and verifying the Agreement on CFHBD and DA.

In developing the process of preparing for the reintegration into civilian life of their combatants, the FARC-EP, in coordination with the National Government, can perform all types of training within the ZVTN of FARC-EP members in productive labour, at primary education, secondary education, or professional level, according to their needs.

For its part, within the ZVTN the National Government in agreement with the FARC-EP, will put in place measures and preparatory actions for reintegration, and other measures necessary to facilitate the transition to legality of the FARC-EP, as well as to ensure welfare in the ZVTN, which may include but will not be limited to:

health care, civil registration sessions, and other measures to prepare for reintegration.

In each ZVTN, the MM&V will install a local headquarter in a place that allows them to perform their functions efficiently and effectively.

Security Zone

Around each ZVTN a security zone will be established where there can be no security force units, or members of the FARC-EP, with the exception of the monitoring and verification teams escorted by police security when the circumstances so require.

Any police proceeding, that does not involve the security of the MM&V, which is required in the security zone, is done with prior coordination with the MM&V and in accordance with the Protocols agreed between the National Government and the FARC-EP.

The width of the security zone is of 1 kilometre around each ZVTN.

Establishment of Encampment Zones and transit routes

The ZVTN can be found in Annex X1 of this Agreement.

The Security Force units subject to monitoring and verification by the MM&V can be found in Annex Y of this Agreement.

Beginning of Transit

On day D+1, a delegate of the National Government and one of the FARC-EP will deliver the coordinates of the location of the Security Forces and FARC-EP units to the CI- MM&V, so as to be able to adopt the necessary measures to enable the movement of the FARC-EP structures to the ZVTN securely, whilst being monitored and verified by the MM&V.

These movements can be made whilst escorted by the MM&V, if the National Government and the FARC-EP so require.

Airspace

Starting from Day D, airspace will be used in the following manner:

Military flights above the ZVTN and security Zones will be restricted to 5,000 feet high.

In the event of a disaster, public calamity, or medical emergency, civilian aircrafts will be allowed, subject to coordination between the MM&V and the National Government and FARC-EP.

Security

Considering security as a transversal element of responsibility for the CFHBD and DA, based on the principles of respecting life and human dignity;

the National Government and the FARC-EP have defined together some security protocols that will allow for comprehensively minimising potential threats that can affect or infringe upon the people and property involved in the CFHBD and DA.

Security conditions implemented from the beginning of the CFHBD and DA will guarantee the protection of the monitoring and verification team members, the FARC-EP members, the National Government delegates, the Security Forces delegates, and other participants in the process, as well as the coordination of movements and mechanisms in the field.

The security handling FARC-EP weapons, ammunition and explosives during the CFHBD and DA, functions within the framework of security protocols that include the transportation, handling, storage and control of the above.

The security measures for the CFHBD and DA will give the ability to State to ensure the security and the effective development of this process, and prevent, dismantle and neutralise any eventuality that puts it at risk.

The security measures for the CFHBD and DA equally require the FARC-EP to comply with their obligations.

Similarly, the National Government, through the Security Forces, continues to guarantee coexistence and security conditions for the civilian population during this process.

The agreed security protocols are based on a concept of security in which individuals and communities are its central axis, and are also based on comprehensive and contextualised threat prevention that will help mitigate the risks that may affect the goals of the CFHBD and DA.

For implementing security measures in the CFHBD and DA, the following protocols have been jointly developed, that will create a sense of security and confidence to the participants in this process:

People’s security

Transit security

Security in territory-based mechanisms and ZVTN

Security for the Weapon, ammunition, and explosives (through its transport, handling, storage and control)

Logistics

It is the combination of elements meeting specific needs, and identified jointly by the National Government and the FARC-EP that will lead to the successful implementation of everything related with the CFHBD and DA agreement.

The MM&V at the local level will include a logistics section, coordinated by a member of the international component.

This Tripartite section of the local verification entity is responsible for defining what (relating to the logistics) is required for the functioning of the ZVTN;

it is also responsible for ensuring the adequate and timely arrival of supplies to the ZVTN.

The protocols relevant to this chapter set out in detail the criteria and commitments in respect to each step that makes up the process of logistical supply.

Lay down of Weapons (DA):

It consists of a technical, traceable, and verifiable procedure, through which the UN receives all of the armament of the FARC-EP to be used in the construction of 3 monuments, agreed between the National Government and the FARC-EP.

The DA of the FARC-EP implies an organised, traceable and verifiable process that develops over two phases, called Arms Control and Laying down of Weapons, integrating the following technical procedures:

registration, identification, monitoring and verification of possession, collection, storage, destruction, removal, and disposal.

Registration:

is the technical procedure of recording the amount and type of weapons received from the FARC-EP by the CI-MM&V.

Identification:

is the technical procedure that allows the CI-MM&V to characterise the FARC-EP weapons.

This procedure is done only with individual weapons that the members of the FARC-EP carry within the camps.

Monitoring and verification of possession:

each one of the FARC-EP members that remain in the areas will carry a single weapon within the camp.

The CI-MM&V will monitor and verify the possession of such weapons based on registration and identification performed by the same CI-MM&V. Within the camps there will permanently be representatives of the CI-MM&V.

Collection:

is understood as the technical procedure through which the CI- MM&V will receive all the FARC-EP weapons, in line with the procedure described in this Agreement.

Storage of weapons:

in each zone, within one of the camps, there will be a place to store weapons received by the CI-MM&V, in appropriate containers.

Only the CI-MM&V, which permanently carries out monitoring and verification, will be able to enter this place.

Removal of weapons:

is the technical procedure, headed by the UN, which consists in the physical removal of weapons from the areas.

The weapons’ destination shall be decided between the National Government and the FARC-EP alongside the UN, and they will be used to build 3 monuments.

Final disposal of weapons:

is the technical procedure through which the FARC-EP are used to build 3 monuments:

one at the United Nations headquarters, one in the Republic of Cuba, and another in Colombian territory in place that represents the political organisation that will emerge from the transformation of the FARC-EP, in agreement with the National Government.

Procedure

By signing the Final Agreement, the process of laying down FARC-EP weapons begins, as follows:

For planning and enlistment for the logistics of the DA, the FARC-EP, from day D+5, will supply the CI-MM&V all information that the CI-MM&V deems necessary for transport, registration, identification, monitoring and verification of possession, collection, storage, removal and disposal.

The FARC-EP will contribute in various ways, including providing information, cleaning and decontamination of territories affected by anti-personnel mines (MAP), improvised explosive devices (IEDS), other unexploded devices (UXO) or explosive remnants of war (ERW) in general, taking into account that agreed in points 4 and 5, and that agreed in the point on reintegration into civilian life, in regard to the FARC-EP participation in action against mines.

On day D+5 the FARC-EP units will begin travelling towards the ZVTN.

The transportation of individual weapons will also begin.

The MM&V will monitor and verify this procedure.

Between day D+7 and Day+30, the transportation of weapons, armament of the militias, grenades and ammunition, will begin, toward the ZVTN and escorted by FARC-EP members, under observance of the security protocol for the transporting weapons.

The MM&V will monitor and verify this procedure.

With the arrival of FARC-EP members to the areas, the CI-MM&V will initiate procedures for:

recording and storing the appropriate containers for individual weapons of FARC-EP members that are comply tasks related to the peace process, and of FARC-EP members allocated to the MM&V.

Likewise the CI-MM&V will begin monitoring and controlling the possession of individual weapons of FARC-EP members that are staying within the camps, based on registration and identification of said weapons.

The escorted weapons, grenades and ammunition that enter the camps, including weapons from militias, will be stored in temporary armouries under the responsibility of the FARC-EP, until day D+60, when they will be stored in appropriate containers.

This procedure will be monitored and verified by the CI-MM&V.

To ensure the effective control of weaponry, in each zone there will be only a single storage place, within one of the camps, where the containers will be located under the permanent monitoring and verification CI-MM&V, in line with the protocols agreed upon between the National Government and the FARC-EP.

Between day D+10 and day D+60 the destruction of unstable weaponry stored in deposits (coves), previously geo-referenced, will be carried out in line with security protocols defined for this purpose.

The CI-MM&V will verify the implementation of this procedure.

The collection and storage (in containers) of individual weapons, that remain in possession of FARC-EP members within camps in the zones, will be done sequentially and in three phases:

Phase 1:

D+90, 30%of weapons;

Phase 2:

D+120, 30% of weapons;

and 3 Phase:

D+150, the remaining 40% of weapons, according to the schedule agreed by the National Government and the FARC-EP to aid the process of ending the conflict after signing the Final Agreement.

After receiving the weapons on day D+150, on no later than day D+180 the weapons removal process must be completed by the United Nations, in line with procedures agreed for this matter.

The successful completion of this process must be confirmed by communicating it to the National Government and to the public.

On day D+180 the functioning of the zones as well as The Bilateral and Definitive Ceasefire and End of Hostilities will be seen as finished.

The MM&V will certify and communicate each of the stages of the procedure of laying down weapons described above.

Havana, Cuba, June 23 2016.

By the National Government:

Humberto de la Calle

Head of the National Government Peace Delegation

By the FARC -EP:

Iván Márquez

Head of the FARC-EP Peace Delegation

By the Guarantor Countries:

By the Republic of Cuba

By the Kingdom of Norway

By the accompanying countries:

By the Bolivarian Republic of Venezuela

By the Republic of Chile