Acuerdo sobre las Audiencias Públicas, Comunicado no. 3 de la Mesa de Dialogos y Negociacion

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Acuerdo sobre las Audiencias Públicas, Comunicado no. 3 de la Mesa de Dialogos y Negociacion
  • Date
    5 Nov 1999
  • 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 III - Arango
  • Parties
    For the National Government:
    VÍCTOR G. RICARDO,High Commissioner
    CAMILO A. GÓMEZ,Negotiator
    FABIO VALENCIA COSSIO,Negotiator
    PEDRO GOMEZ BARRERO,Negotiator
    JUAN GABRIEL URIBE,Negotiator
    GONZALO FORERO DELGADILLO,Negotiator
    NESTOR HUMBERTO MARTINEZ,Coordinator of the Thematic Committee
    MAURICIO CÁRDENAS,Thematic Comittee
    ANDRÉS GONZÁLEZ DÍAZ,Thematic Comittee
    ARMANDO POMÁRICO,Thematic Comittee
    MIGUEL PINEDO VID AL,Thematic Comittee
    JUAN GÓMEZ MARTÍNEZ,Thematic Comittee
    JORGE GÓMEZ DUARTE,Thematic Committee

    For the FARC-EP
    RAÚL REYES,Negotiator
    JOAQUIN GOMEZ,Negotiator
    FABIÁN RAMÍREZ,Negotiator
    IVAN RIOS, Coordinator of the Thematic Committee
    MARCO LEÓN CALARCÁ,Thematic Committee
    PEDRO ALDANA,Thematic Committee
    ALBERTO MARTÍNEZ, Thematic Committee
    SIMÓN TRINIDAD, Thematic Committee
    FELIPE RINCÓN, Thematic Committee
    JAIRO MARTÍNEZ, Thematic Committee
  • Third parties
    -
  • Description
    Sets out the functions and powers of the technical committee that serves National Dialogue and Negotiation Body; and the method of conducting the public audiences of the National Dialogue Body


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
    Summary: The entire agreement provides for the creation of the National Thematic Committee, an auxiliary body of the National Roundtable for Dialogue and Negotiation, consisting of up to 20 members representing the Colombian society. The committee will have two representatives, one from the government and one from the FARC-EP and a technical secretariat. It is supposed to hold public audiences, the guidelines for these audiences is also outlined in the agreement. For detailed provisions see communications and democracy.]
  • 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

    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
    Pages 3-4, 2. Methodology for Public Audiences, Article 6,
    Broad calls and invitations to the public will be made in line with the issues agreed by the assembly, using all possible media to allow those who are interested in the problem to be discussed at a given audience to attend. Under all circumstances the National Thematic Committee will guarantee the invitation and representative, open, democratic, ordered and plural participation of all members of the Colombian public.
  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 2, 1. Functions and Powers of the National Thematic Committee, Article 5,
    Statements by the National Thematic Committee, where relevant and necessary, will be made via communications produced in partnership and with the authorisation of the National Roundtable for Dialogue and Negotiation. The coordinators of the committee will act as spokespeople for this purpose.

    Page 3, 2. Methodology for Public Audiences, Article 5,
    The large-scale campaign for the promotion and explanation of the audiences must begin as soon as possible, using jointly prepared materials such as educational leaflets, posters, a website, cassettes and videos to be broadcast via mass media, the television station Señal Colombia (on large public screens where possible), and the radio station Radiodifusora Nacional.

    Page 4, 2. Methodology for Public Audiences, Article 9,
    The audiences will be transmitted live or via recordings broadcast by the television channel Señal Colombia and the radio station Radio Nacional. Large public screens will also be used for this purpose where possible.
  • 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

    No specific mention.

  • 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

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Source: Diálogo, negociación y ruptura con las FARC-EP y con el ELN, Biblioteca de la Paz – 1998-2000, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book V) p. 188

AGREEMENT ON PUBLIC AUDIENCES:

COMMUNICATION NO.

3, ROUNDTABLE FOR DIALOGUE AND NEGOTIATIONS

San Vicente del Caguán, 5 November 1999

The spokespeople appointed by the national government and the Revolutionary Armed Forces of Colombia – People’s Army (Fuerzas Armadas Revolucionarias de Colombia – Ejército Popular, FARC–EP) for the negotiations, present in the municipality of San Vicente del Caguán on 5 November 1999, have reached the following agreement regarding the holding of public audiences and the operation of the National Thematic Committee:

1. FUNCTIONS AND POWERS OF THE NATIONAL THEMATIC COMMITTEE

The National Thematic Committee is an attached, auxiliary and dependent body of the National Roundtable for Dialogue and Negotiation, created with a parity representation of up to 20 members, to serve as a bridge for all sectors of Colombian society who wish to contribute proposals and ideas regarding the issues on the Shared Agenda for the Transition toward a New Colombia that are submitted for consideration via the public audiences, based on the mutually agreed instructions and guidelines defined by the committee.

The National Thematic Committee will have two coordinators, one appointed by the national government and the other by FARC–EP, who will work in mutual agreement following the guidelines set by the National Roundtable for Dialogue and Negotiation.

The coordinators will periodically inform the roundtable of the results of public participation in public audiences.

They will also produce periodic schedules, a form for submitting information to the National Roundtable for Dialogue and Negotiation and technical sheets for the proposals, and will be supported by a technical secretariat for this purpose.

The coordinators will convene preparatory meetings for the audiences to distribute tasks to the committee members.

The members of the National Thematic Committee will perform the roles assigned by the coordinators at the preparatory meetings for the respective audiences, such as moderators and reporters.

The National Thematic Committee will organise the public audiences, chair the meetings, listen to people, take careful note of suggestions and systematise them, developing the opinions recommended by those present at the audiences for subsequent conveyance to the National Roundtable for Dialogue and Negotiation.

The committee will not be entitled to make commitments or hold meetings other than those requested by the National Roundtable for Dialogue and Negotiation.

Its members must abstain from using the space for the audience process for political or electoral proselytising or pursuing other personal or group objectives.

Statements by the National Thematic Committee, where relevant and necessary, will be made via communications produced in partnership and with the authorisation of the National Roundtable for Dialogue and Negotiation.

The coordinators of the committee will act as spokespeople for this purpose.

The coordinators of the National Thematic Committee will be entitled to adopt measures to ensure its members comply with the regulations established herein.

The National Thematic Committee will be headquartered in the municipality of San Vicente del Caguán.

Temporary venues may be established in any of the other municipalities of the zone.

The National Thematic Committee will be supported by a technical secretariat for handling information.

The secretariat will have a secretary from each of the parties and these will act jointly under the direction of the coordinators.

Preference will be given to local candidates when choosing support staff.

2. METHODOLOGY FOR PUBLIC AUDIENCES

Public audiences are in-person meetings of the National Thematic Committee involving different sectors of society for hearing and gathering suggestions, ideas and proposals from the Colombian people regarding the issues determined by the National Roundtable for Dialogue and Negotiation in order to enrich the discussion of the agenda and ensure the participation of all members of the Colombian public in the process that seeks to bring about reconciliation.

The audiences will not debate the merits of proposals, opinions and suggestions, nor issue qualifications regarding people.

Furthermore, audiences are not for debates and do not aim to achieve consensus among the parties, nor between these and third parties.

The public audiences will be held in a space free from armed confrontation, created for all Colombians to meet, talk and reach agreement on the country we would like to see.

The municipal area of San Vicente del Caguán will be the main venue for audiences, although they may be held in any of the other municipalities in the zone.

The possibility of holding them in other locations or abroad for Colombians residing outside the country will be decided by the National Roundtable for Dialogue and Negotiation.

The National Thematic Committee will be able to use teleconferences as a complementary mechanism, particularly for the promotion of, invitation to and explanation of public audiences to the Colombian people.

The National Roundtable for Dialogue and Negotiation will authorise the use of teleconferences to facilitate participation in the audiences.

Similarly, the national government will provide a national post mechanism, email, telephone and telefax free of charge for those who are unable to attend the audiences to allow them to submit proposals.

Confirmation of receipt of the proposals will be possible.

The large-scale campaign for the promotion and explanation of the audiences must begin as soon as possible, using jointly prepared materials such as educational leaflets, posters, a website, cassettes and videos to be broadcast via mass media, the television station Señal Colombia (on large public screens where possible), and the radio station Radiodifusora Nacional.

Broad calls and invitations to the public will be made in line with the issues agreed by the assembly, using all possible media to allow those who are interested in the problem to be discussed at a given audience to attend.

Under all circumstances the National Thematic Committee will guarantee the invitation and representative, open, democratic, ordered and plural participation of all members of the Colombian public.

For calls and invitations, the National Thematic Committee will determine the organisations available to provide support in the different zones of the country.

The National Thematic Committee will organise a system for the registration and control of those who attend the audiences.

The audiences will be transmitted live or via recordings broadcast by the television channel Señal Colombia and the radio station Radio Nacional.

Large public screens will also be used for this purpose where possible.

The coordinators of the National Thematic Committee will agree the logistic support required for the audiences.

The national government will facilitate the mechanisms and resources required for correct operation.

The forms of the invitations and public audiences may vary in line with the issue being addressed by the national roundtable, or the areas related to an issue the national roundtable agrees to discuss.

A monthly gazette of the audiences will be published solely for the purpose of publishing the official reports of the committee’s activities.

For the National Government:

VÍCTOR G. RICARDO

High Commissioner

CAMILO A. GÓMEZ

Negotiator

FABIO VALENCIA COSSIO

Negotiator

PEDRO GOMEZ BARRERO

Negotiator

JUAN GABRIEL URIBE

Negotiator

GONZALO FORERO DELGADILLO

Negotiator

NESTOR HUMBERTO MARTINEZ

Coordinator of the Thematic Committee

MAURICIO CÁRDENAS

Thematic Comittee

ANDRÉS GONZÁLEZ DÍAZ

Thematic Comittee

ARMANDO POMÁRICO

Thematic Comittee

MIGUEL PINEDO VID AL

Thematic Comittee

JUAN GÓMEZ MARTÍNEZ

Thematic Comittee

JORGE GÓMEZ DUARTE

Thematic Committee

For the FARC-EP

RAÚL REYES

Negotiator

JOAQUIN GOMEZ

Negotiator

FABIÁN RAMÍREZ

Negotiator

IVAN RIOS

Coordinator of the Thematic Committee

MARCO LEÓN CALARCÁ

Thematic Committee

PEDRO ALDANA

Thematic Committee

ALBERTO MARTÍNEZ

Thematic Committee

SIMÓN TRINIDAD

Thematic Committee

FELIPE RINCÓN

Thematic Committee

JAIRO MARTÍNEZ

Thematic Committee