Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace

• Country/entity

  Colombia
  
• Region

  Americas
  
• Agreement name

  Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace
• Date

  24 Nov 2016
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

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

  Framework/substantive - comprehensive
• Conflict nature

  Government
• Peace process

  Colombia V - Santos
• Parties

  National Government of Colombia
  FARC-EP (Fuerzas Armadas Revolucionarias de Colombia - Ejército del Pueblo)
• Third parties

  Republic of Cuba and from the Kingdom of Norway
  Bolivarian Republic of Venezuela and the Republic of Chile
• Description

  This is the Final Agreement reached between the National Government of Colombia and the FARC-EP, in order to end the armed conflict and build a stable and lasting peace. The Agreement was first reached and signed on 24 August 2016, but was put to a referendum which narrowly failed to succeed, leading to revisions of the agreement and this version being signed as the final version. The agreement is only entered once, this being its final iteration. The Agreement is composed in 6 parts, which were negotiated as separate agreements and then all agreed as a whole: 1. Towards a New Colombian Countryside: Comprehensive Rural Reform (p. 10-33) 2. Political Participation: A democratic opportunity to build peace (p. 34-56) 3. En of the Conflict (p. 57-103) 4. Solution to the Illicit Drugs Problem (p. 104-131) 5. Agreement regarding the Victims of the Conflict: "Comprehensive System for Truth, Justice, Reparations and Non-Recurrence", including the Special Jurisdiction for Peace; and Commitment to Human Rights (p. 132-203) 6. Implementation, verification and public endorsement (p. 204-231) There is also a final part of Protocols and Annexes (p. 232-322) mainly related to the Ceasefire agreement and the Amnesty Law, including a draft of the latter.

• Agreement document

  Colombian Peace Agreement English Translation.pdf | Download PDF
• Agreement document (original language)

  Map of Chapter Provisions for Colombia Peace Agreement .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

FINAL AGREEMENT TO END THE ARMED CONFLICT AND BUILD A STABLE AND LASTING PEACE

PREAMBLE

Recalling that the Havana dialogues between delegates from the National Government, led by President Juan Manuel Santos, and delegates from the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP), based on their mutual decision to bring the national armed conflict to an end, came about as the result of the exploratory meeting that took place in the capital of the Republic of Cuba between 23 February and 26 August 2012;

Considering that said exploratory dialogues resulted in a General Agreement to End the Armed Conflict and Build a Stable and Lasting Peace, signed on 26 August 2012 before national witnesses and before delegates from the Republic of Cuba and from the Kingdom of Norway, who also served as witnesses, and, since then, have accompanied the process as guarantor countries;

Emphasising the fact that the Bolivarian Republic of Venezuela and the Republic of Chile have been ready at all times to perform their proper duties as observer countries;

Recalling that in fulfilment of the agenda approved in the aforesaid Agreement, the Negotiation Table was established on 18 October 2012 in the city of Oslo, capital of the Kingdom of Norway, and activities have continued in the Cuban capital without interruption up to the act of signing the new Final Agreement;

Considering that, as a consequence of what was stated on 24 August of this year, the parties signed a Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace;

that the people were consulted on the said agreement by means of a plebiscite accepted by the parties at the relevant time, on a date established for that purpose (2 October) and, by means of a ruling handed down by the Constitutional Court, which informed the country of the terms and conditions of the chosen path;

Recognising that in the ballot boxes NO prevailed over YES, although that does not mean a rejection of the right to peace or of fundamental rights;

Emphasising that the ruling itself of the Constitutional Court referred to above set out guidelines to be followed in the event that NO was the majority response in the plebiscite;

the said ruling by the Court indicates that the President of the Republic retains the power to maintain public order "even by negotiating with illegal armed groups in order to achieve other peace agreements";

Asserting the decision of the parties to continue with the search for peace by first listening to those who expressed their reservations on the contents of the Final Agreement first signed, with

a desire to reach a new agreement with a greater consensus;

that what was thereby achieved was an enrichment and amendment of the previous Agreement, taking into account the specific concerns, proposals, clarifications, and definitions put forward by a wide range of social groups and organisations, sectors of opinion and political movements and parties;

that, after carefully examining with an open mind all the matters put forward by the interested parties for consideration by the negotiating parties, a large number of substantial changes and amendments were made to the old texts, converting the previous Peace Agreement into a new Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace;

Emphasising that the new Final Agreement signed on said date is the free manifestation of the wishes of the Colombian government and of the FARC-EP, after having responded to a number of initiatives by sectors of the people of Colombia, acting in good faith and with the full intention of fulfilling the agreement;

Bearing in mind that Article 22 of the Political Constitution of the Republic of Colombia establishes peace as a right and as a mandatory duty;

that Article 95 states that the exercising of the rights and freedoms enshrined in the Constitution implies responsibilities, which include striving towards the achievement and maintenance of peace;

Emphasising that peace has come to be universally described as a superior human right and as a prerequisite for the exercising of all other rights and duties incumbent upon individuals and citizens;

Bearing in mind the fact that the new Final Agreement encompasses each and every one of the accords reached in developing the Agenda of the General Agreement signed in Havana in August 2012;

and that in order to achieve that, the parties, always and at every stage, have upheld the spirit and scope of the rules of the National Constitution, the principles of international law, international human rights law, international humanitarian law (its conventions and protocols), the stipulations of the Rome Statute (international criminal law), the decisions of the Inter-American Court of Human Rights concerning conflicts and conflict termination, and other resolutions of universally recognised jurisdictions and authoritative pronouncements relating to the subject matters agreed upon;

Emphasising that the rights and duties enshrined in the Charter are interpreted in accordance with international treaties on human rights ratified by Colombia and their enjoyment or exercise may not be subject to any limitation;

Recalling that Article 94 states that “the declaration of the rights and guarantees enshrined in the Constitution and in current international conventions must not be understood as the negation of others that, intrinsic to the human individual, are not expressly mentioned therein”;

Considering that the sum of the accords of which the new Final Agreement is composed, contributes to the fulfilment of fundamental rights, such as political, social, economic and cultural rights;

the rights of the victims of conflict to truth, justice and reparations, the rights of boys, girls

and adolescents, the right to freedom of faith and its free exercise;

the fundamental right of individual and/or collective legal certainty and physical safety;

and the fundamental right of each individual and of society to non-recurrence of the tragedy of the internal armed conflict that this Agreement proposes to finally end;

Emphasising that the new Final Agreement places special emphasis on the fundamental rights of women, of vulnerable social groups such as indigenous peoples, girls, boys and adolescents, communities of African descent and other ethnically differentiated groups;

the fundamental rights of the small-scale farmers, both male and female, and the essential rights of persons with disabilities and of those displaced by the conflict;

and the fundamental rights of the elderly and of the LGBTI community;

Emphasising that, further to what is underlined above, the state, pursuant to Article 13 of the Political Constitution of Colombia, must guarantee the various aspects of the right to equality and non-discrimination, which must tend towards bringing about conditions that allow the effective protection of persons who are clearly in a position of weakness and the punishment of abuses committed against them;

Emphasising that Colombia has signed International treaties and declarations that enshrine equality, non-discrimination against persons and tolerance as universal conduct, not only as principles, but as values that must be applied and defended as a prerequisite for bringing about peace and economic and social progress for all peoples, and emphasising that tolerance consists of "harmony in difference";

Noticing that, in the opinion of the National Government, the transformations that must be achieved when implementing this Agreement must play a part in reversing the effects of the conflict and in changing the conditions that have led to the persistence of violence across the country;

and, in the opinion of the FARC-EP, such transformations must contribute to resolving the historical causes of the conflict, such as the unresolved issue of land ownership and, in particular, the concentration thereof, the exclusion of the rural population, and the underdevelopment of rural communities, which especially affects women, girls and boys.

Appreciating and extolling the fact that the central pillar of peace is the promotion of the presence and the effective operation of the state throughout the country, especially throughout the many regions that are today afflicted by neglect, by the lack of an effective civil service and by the effects of the internal armed conflict itself;

that it is an essential goal of national reconciliation to construct a new territorial-based welfare and development paradigm to the benefit of broad sectors of the population that have hitherto been the victims of exclusion and despair;

Acknowledging the right of society to comprehensive human security, with the participation of the civil authorities;

Extolling and enshrining the justice that is to come inasmuch as it acknowledges essential fundamental rights for new and future generations, such as the right to protected land, the right to the conservation of the human species, the right to be aware of one’s origins and identity, the right to know the truth with regard to events occurring before one’s birth, the right to exemption from liability for acts committed by earlier generations, the right to the preservation of freedom of choice, and other rights, notwithstanding the rights of victims of any age or generation to truth, justice and reparations;

Having regard to the fact that the new vision of a Colombia at peace enables us to achieve a sustainable society that is united in diversity and that is based not only on consideration for human rights but on mutual tolerance, protection of the environment, respect for nature and its renewable and non-renewable resources and biodiversity;

Recalling that on June 23 this year, the delegations from the National Government and from the FARC-EP signed, in the Cuban capital, the agreements on the Bilateral and Definitive Ceasefire and Cessation of Hostilities and Laying down of Arms and Security Guarantees, in the presence of the President of the Councils of State and Ministers of the Republic of Cuba, the Secretary- General of the United Nations, the President of the United Nations General Assembly, the President of the UN Security Council, Norway’s Foreign Minister, the heads of state of the observer countries, heads of government of countries in the region, the United States Special Envoy and the European Union Special Representative;

that such cessation of hostilities has been repeated from the date of the plebiscite of last 2 October;

Accepting that customary international legal standards will continue to govern issues relating to fundamental rights not mentioned in the new Final Agreement, including the imperative whereby “in those cases not provided for by current law, the individual will be safeguarded by humanitarian principles and the demands of the public conscience”;

Admitting that the new Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace must be endorsed in accordance with Item 6 of the Agenda in the General Agreement;

that such endorsement takes place by means of systems for participation by citizens such as a plebiscite, legislative initiatives, consultation, open local government councils and others, or by public corporations elected by suffrage, whose members are responsible for exercising representation with a mandate such as the Congress of the Republic, departmental assemblies and municipal councils;

that such endorsement is decided by the parties and must take place as indicated in the relevant rules or judgments;

Acknowledging all the foregoing and, in particular, the non-delegatable constitutional mandate that states that the President of the Republic, as head of state, head of government and supreme administrative authority, is responsible for agreeing upon and endorsing peace accords;

We, the Government of the Republic of Colombia and the Revolutionary Armed Forces of Colombia - People’s Army, have agreed as follows:

To sign this Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace, with the substantial amendments that make it a new Agreement, the implementation of which will put a definitive end to an armed conflict that has lasted over fifty years, and which is recorded in writing below.

This Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace is signed by the National Government and the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP) as a Special Agreement pursuant to Article 3, common to the 1949 Geneva Conventions, as per its international standing.

The National Government and the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP) hereby sign seven originals, including the annexes thereto, one for each of the parties, one for each of the guarantor countries and one for each of the observer countries.

The seventh original copy will be deposited, immediately after signature, with the Swiss Federal Council in Bern, or with such body as might replace it at a future date as repository of the Geneva Conventions.

INTRODUCTION

After a conflict lasting more than half a century, we, the National Government and the FARC-EP, have agreed to put a definitive end to the internal armed conflict.

The conclusion of hostilities will first and foremost represent the end of the enormous suffering that the conflict has caused.

Millions of Colombians, men and women alike, have been victims of forced displacement, the dead number in their hundreds of thousands, tens of thousands of people of all kinds have disappeared, and vast numbers of communities have been affected in one way or another throughout the length and breadth of the country, including women, boys, girls and adolescents, rural communities, indigenous peoples, the Afro-Colombian, black, palenquero, raizal and Roma communities, political parties, social and trade-union movements, and economic associations, inter alia.

There must be no more victims in Colombia.

Secondly, the end of the conflict will herald a new Chapter in our nation’s history.

It will be an opportunity to initiate a phase of transition that will contribute to greater territorial integration, greater social inclusion – especially of those who have existed on the fringes of development and have suffered from the conflict – and to strengthening our democracy, bringing it to all corners of the country and ensuring that social conflicts can be resolved through institutional channels, with full guarantees for those taking part in politics.

We must build a stable and long-lasting peace, with the involvement of all Colombian citizens.

With this as our objective – putting an end, once and for all, to the historical cycles of violence and laying the bases for peace – we hereby approve the items contained in the Agenda of the General Agreement of August 2012, expounded on in this Agreement.

The Agreement is composed of a series of accords that nonetheless constitute an indissoluble whole agreement, in that they are suffused by a consistent rights-based approach whereby the measures agreed here can contribute to the realisation of the constitutional rights of all Colombians.

The Final Agreement recognises, without any discrimination whatsoever, the primacy of the inalienable rights of the person as a basis for coexistence in the public and private spheres, and the family as the fundamental nucleus of society and the rights of its members.

The implementation of the Agreement must be governed by recognition of the equality and protection of the pluralism of Colombian society, without any discrimination.

The conditions in order for equality to be real and effective will be guaranteed in its implementation and affirmative measures will be adopted in favour of groups that are discriminated against or marginalised, taking a territorial-based, equity-based and gender-based approach into consideration.

The territorial-based approach of the Agreement requires recognition and consideration of the economic, cultural and social needs, characteristics and peculiarities of Colombia’s territories and

communities, thereby guaranteeing socio-environmental sustainability;

furthermore, it involves implementing the various measures comprehensively and in a coordinated way, with the active participation of all citizens.

All of Colombia’s regions and territories will contribute to the implementation of the Agreement, with the participation of territorial-based authorities and the various sectors of society.

Citizen involvement is the basis of all of the accords constituting the Final Agreement:

in general, participation by society in the peacebuilding process and, in particular, its involvement in the planning, execution and monitoring of territorial-based plans and programmes – which is also a guarantee of transparency.

Additionally, the participation of and dialogue between the various sectors of society will contribute to building a climate of trust and promoting a culture of tolerance, respect and peaceful coexistence in general, which is an objective of all the accords.

Decades of conflict have led to deep mistrust within society, especially in the territories most affected by the conflict.

To break down these barriers, we need to open up spaces for the broadest citizen involvement and spaces to promote the acknowledgement of victims, the acknowledgement and establishment of accountability and, in general, the acknowledgement by society as a whole of all that has happened and of the need to greet this opportunity for peace with open arms.

On the basis of the aforesaid, with a view to further consolidation of the foundations that will underpin peace and national reconciliation, the Colombian government and the FARC-EP will, once the process of public endorsement is carried out, convene a meeting of all parties, political and social movements, and all the driving forces of the country with the aim of reaching an overarching NATIONAL POLITICAL AGREEMENT designed to set out the institutional modifications and reforms that are needed to meet the challenges required by the peace, thereby implementing a new framework for political and social coexistence.

*

The Final Agreement contains the following items, with their corresponding accords, that aim to contribute to the changes required to lay the foundations for a stable and long-lasting peace.

Chapter 1 contains the agreement on “Comprehensive Rural Reform” (Reforma Rural Integral) that will foment structural change in the countryside, closing up the differential that exists between rural and urban areas and creating conditions of well-being and quality of life for the rural population.

The “Comprehensive Rural Reform” (CRR) must incorporate all of the country’s regions, contribute to the eradication of poverty, promote equality and ensure full enjoyment of the rights of citizenship.

Chapter 2 contains the agreement on “Political Participation:

A democratic opportunity to build peace” (Participación política:

Apertura democrática para construir la paz).

Peacebuilding and - consolidation, within the context of the end of the conflict, require the extension of democracy to incorporate new forces on the political scene, thereby enriching debate and deliberation on the major issues facing the nation and thus consolidating pluralism and, concomitantly, the

representation of society’s diverse visions and interests, with due guarantees where political inclusion and participation are concerned.

In particular, implementation of the Final Agreement will contribute to a wider and deeper concept of democracy inasmuch as it will involve the laying-down of arms and the outlawing of violence as a means of political action for each and every Colombian citizen, with a view to achieving the transition to a political climate where democracy takes precedence, with comprehensive guarantees for those taking part in politics, and thus new spaces for participation.

Chapter 3 contains the “Agreement on the Bilateral and Definitive Ceasefire and Cessation of Hostilities and Laying down of Arms” (Cese al Fuego y de Hostilidades Bilateral y Definitivo y la Dejación de las Armas), the objective of which is the definitive conclusion of offensive actions between the Colombian State Armed Forces (which include both the Military Forces and the National Police) and the FARC-EP and, in general, an end to hostilities and any action governed by the rules of the Ceasefire, including those affecting civilians, thereby creating the conditions allowing for the implementation of the Final Agreement and the laying down of arms to commence, and preparing the institutional framework and the country as a whole for the reincorporation of the FARC-EP into civilian life.

Chapter 3 also contains the agreement on “Reincorporation of the FARC-EP into civilian life – in economic, social and political matters – in accordance with their interests” (Reincorporación de las FARC-EP a la vida civil –en lo económico, lo social y lo político- de acuerdo con sus intereses) agreement.

Laying the bases for building a stable and long-lasting peace requires effective reincorporation of the FARC-EP into the social, economic and political life of the country.

Reincorporation constitutes ratification of the FARC-EP undertaking to put an end to the Chapter of internal conflict, to become a valid player within the democratic system and to make a resolute contribution to consolidating peaceful coexistence, guarantees of non-recurrence of the conflict and the dismantling of the conditions that have facilitated the persistence of violence in Colombia.

Chapter 3 also includes the agreement on “Security guarantees and the fight against criminal organisations responsible for homicides and massacres or who attack human rights advocates, social movements or political movements, including the criminal organisations that have been labelled as successors of paramilitarism and their support networks, and for the prosecution of criminal conduct that threatens the implementation of the agreements and the construction of peace”.

To comply with this aim, the agreement includes measures such as the National Political Pact;

the National Commission on Security Guarantees;

the Special Investigation Unit;

the Elite Corps of the National Police;

the Comprehensive Security System for the Exercise of Politics;

the Comprehensive Security and Protection Programme for Communities and Organisations across the Country’s Territories;

and Measures for the Prevention of and Fight against Corruption.

Chapter 4 contains the agreement on the “Solution to the Illicit Drugs Problem” (Solución al Problema de las Drogas Ilícitas).

Peacebuilding requires a definitive solution to the illicit drugs problem, which includes crops made for illicit use and the production and sale of illicit drugs.

To

that end, a new approach is promoted to address the phenomenon of the use of drugs, the problem of crops made for illicit use and organised crime associated with drug trafficking, in a distinct and differentiated manner, ensuring a general human rights and public health, equity- based and gender-based approach.

Chapter 5 contains the “Victims” (Víctimas) agreement.

Since the 2012 Exploratory Meeting, we have agreed that victim compensation should be at the core of any agreement.

The agreement creates the “Comprehensive System for Truth, Justice, Reparations and Non-Recurrence” (Sistema Integral de Verdad, Justicia, Reparación y No Repetición), which shall contribute to the fight against impunity, using a combination of judicial mechanisms that allow for the investigation and sanctioning of serious violations of human rights and serious infringements of international humanitariam law, with supplementary extra-judicial mechanisms aimed at clarifying the truth of what happened, searching for loved ones who have disappeared and providing reparations for the harm and injury caused to individuals, groups and entire territories.

The Comprehensive System is composed of:

the Truth, Coexistence and Non-Recurrence Commission;

the Special Unit for the Search for Persons deemed as Missing in the context of and due to the armed conflict;

the Special Jurisdiction for Peace;

Comprehensive reparation measures for peacebuilding purposes;

and Guarantees of Non-Recurrence.

Chapter 6 contains the agreement on “Implementation and verification mechanisms”, which creates a “Commission for Monitoring, Promoting and Verifying the Implementation of the Final Agreement”, composed of representatives from the National Government and the FARC-EP, with the aim, inter alia, of monitoring the components of the Agreement and verifying compliance therewith, and at the same time serving as a forum for the resolution of disputes and the promotion and monitoring of the implementation of laws.

Furthermore, an accompaniment mechanism is created such that the international community can in different ways help to guarantee the implementation of the Final Agreement.

In the area of verification, a model is being implemented that has an international component comprising those countries that throughout the process have acted as guarantors and observers, plus two international spokespersons.

The technical aspects are being supported by the Project of the Kroc Institute for International Peace Studies at the University of Notre Dame in the United States.

*

We, the delegations of the National Government and the FARC-EP, reiterate our profound gratitude to all victims, social and human rights organisations, communities, including ethnic groups, women’s organisations, the small-scale farmers, young people, academia, businesspeople, churches and faith communities, and, in general, all the citizens who played an active part and who, through their proposals, contributed to the Final Agreement.

With their participation we will together build a stable and long-lasting peace.

The delegates of the government of the Republic of Colombia (the National Government) and the Revolutionary Armed Forces of Colombia (FARC-EP) state the following with regards to:

Towards a New Colombian Countryside:

Comprehensive Rural Reform

Whereas:

Within the context of this Agreement to End the Armed Conflict, the Comprehensive Rural Reform (Reforma Rural Integral), hereinafter referred to as CRR, lays the foundation for the structural transformation of the countryside, creates conditions for well-being of the rural population – men and women – thereby contributing to the building of a stable and long-lasting peace.

In the opinion of the Government, this transformation must help to reverse the effects of the conflict and to change the conditions that have facilitated the persistence of violence in Colombia’s territories.

In the opinion of the FARC-EP, this transformation must help to resolve the historical causes of the conflict, such as the unresolved issue of land ownership and, in particular, the concentration thereof, the exclusion of the rural population and the underdevelopment of rural communities, that especially affects women, girls and boys.

The CRR views Colombia’s rural areas as a socio-historic setting of social and cultural diversity in which communities – men and women – play a major role in defining the improvements of their living conditions and in defining the development of the country as part of a vision of urban/rural integration.

Comprehensive rural development is a decisive factor in driving forward regional integration and equitable social and economic development of the country.

The CRR must successfully achieve an in-depth transformation of the rural situation in Colombia:

greater inclusion at a regional level, eradication of poverty, greater equality and guaranteed full enjoyment of citizens’ rights and, as a result, guaranteed non-recurrence of the conflict and eradication of violence.

A genuine structural transformation of the countryside requires the adoption of measures to promote appropriate use of the land in accordance with its suitable purposes and to stimulate the titling, restitution and equitable distribution thereof, by guaranteeing progressive access to rural property to those who live in the countryside, and, in particular, to rural women1 and to the most vulnerable communities, and by legalising and democratising property and promoting broader ownership of land, so that it fulfils its social function.

1 Pursuant to Law 731 of 2002 on Regulations for promoting rural women, a rural woman is any woman who, without distinction of any kind and irrespective of where she might live, is involved in a productive activity directly relating to the countryside, even where said activity is not recognised by the state’s information and measurement systems, or is not remunerated.

This definition includes all women from rural, indigenous and Afro communities who are without land or have insufficient land.

This structural transformation also requires the promotion of equality between men and women through the adoption of specific measures to guarantee that men and women are involved in and benefit from implementation of this Agreement on an equal basis.

Although the aforesaid access to land is a prerequisite for transformation of the countryside, on its own it is insufficient;

national plans financed and promoted by the state must be set up with a view to achieving the comprehensive rural development that will provide public services and goods, such as for education, health, recreation, infrastructure, technical assistance, food and nutrition, inter alia, which promote well-being and a dignified way of life for the rural population – girls, boys, men and women.

Broadly, the CRR acknowledges the fundamental role of the rural, family-run and community- based economies in the development of the countryside, the eradication of hunger, the generation of employment and income, decent and formalised jobs, food production and, in general, in the development of the nation, all in conjunction with and complementary to other forms of agrarian production.

The CRR recognises the productive and reproductive role of women and thus their fundamental contribution to rural development and the rural economy, and it will make every endeavour on their behalf and on that of the most vulnerable in society to guarantee conditions of well-being and dignity and to consolidate organisational and production methods.

In the area of food and nutrition, the CRR aims to ensure that the entire rural and urban population in Colombia has sufficient access to and availability of the foodstuffs they need for proper nutrition, in terms of opportunity, quantity, quality and price, especially in the case of boys and girls, pregnant or breast-feeding women, and the elderly, prioritising the production of food and the generation of income.

The effectiveness, transparency and proper development of the CRR are largely dependent on the promotion of broad participation on the part of communities through the generation of participatory and democratic institutional forums where said communities have the capacity for change and to affect the planning, implementation and monitoring of the various plans and programmes agreed upon.

Participation is also a guarantee of the greater inclusion of rural communities – women and men – in the political, economic, social and cultural life of their regions and thus of the nation.

Men and women in the small-scale farmer, indigenous, black, Afro-descendent, raizal and palenquero communities, and other ethnic communities across Colombia’s territories are contributing to the structural transformation of the countryside and in particular to the closing of the agricultural frontier, in favour of a sustainable socio-environmental planning.

To that end, it is necessary to recognise and to support the Peasant Enterprise Zones (Zonas de Reserva Campesina) and cooperative groups within society.

The CRR applies universally, and its implementation prioritises the territories most affected by the conflict, poverty and neglect, through Development Programmes with a Territorial-Based

Focus, such as reconciliation instruments in which all involved work towards the supreme goal of peace, as a right and a mandatory duty.

The plans and programmes agreed as part of the CRR are to have a territorial-based, ethnic-based and gender-based perspective that will require the recognition and consideration of the economic, cultural and social needs, characteristics and peculiarities of Colombia’s territories, of women throughout their life-cycle, of rural communities and groups in vulnerable circumstances and guaranteeing socio-environmental sustainability.

Comprehensive rural development will move forward within the context of globalisation and insertion policies therein on the part of the state, demanding particular attention to national agricultural production and especially rural, family-run and community-based systems of production.

Principles

The following principles will be taken into account when implementing that which has been agreed under the heading “Toward a New Colombian Countryside:

Comprehensive Rule Reform”:

Structural transformation:

that is to say, the transformation of the rural reality, through fairness, equality and democracy.

Comprehensive development of rural areas:

the development of rural areas depends on a proper balance between the various existing forms of production – family farming, agro- industry, tourism, agriculture on a commercial scale-;

on competitiveness and the need to promote and encourage investment in rural areas with entrepreneurial vision and for the productive purposes as a condition for their development;

and on promotion and encouragement on an equal basis of links between small-scale rural production and other production models, which could be vertical or horizontal and on a different scale.

In any case, the rural, family-run and community-based economy will be promoted and protected and measures will be adopted to develop and strengthen it.

Equality and a gender-based approach:

acknowledgement of women as independent citizens with rights, who, irrespective of their marital status, or relationship to their family or community, have access, on an equal footing to men, to ownership of land and production projects, funding options, infrastructure, technical services and training, inter alia;

attention is to be given to the social and institutional conditions that have prevented women from gaining access to the assets of production and to public and social benefits.

Such recognition requires the adoption of specific measures in terms of planning, implementation and monitoring of the plans and programmes covered in this agreement so that these can be

implemented whilst taking account of the specific needs and distinct conditions of women, in accordance with their lifecycle, painful experiences and needs.

Well-being and quality of life:

the ultimate objective is the eradication of poverty and the total realisation of the needs of citizens in rural areas, such that in the shortest possible time, the small-scale farmers and communities, including those of African descent and indigenous peoples, can fully exercise their rights and there can be a convergence between the quality of urban life and the quality of rural life, whilst at the same time complying with the territorial-based approach, the gender-based approach and having regard to the ethnic and cultural diversity of communities.

Prioritisation:

the comprehensive agrarian development policy is universal and its implementation prioritises the most deprived and vulnerable populations and territories, and the communities most affected by poverty, neglect and the conflict;

it focuses on small and medium-sized producers, men and women alike.

The rights of the victims of the conflict, of boys and girls, women and the elderly, deserve special attention.

A comprehensive approach:

this guarantees productivity through programmes for effective access to land, together with innovation, science and technology, technical assistance, credit, irrigation and marketing, and other means of production that add value.

It is also a guarantee that there will be opportunities for a better quality of life deriving from access to public services, such as for health, housing, education, infrastructure and connectivity, and ensures that the entire population has access to healthy, adequate and sustainable nutrition.

Reinstatement:

the reinstatement of the rights of victims of displacement and dispossession, and the reversal of the effects of the conflict and neglect on communities and territories.

Land titling:

that is to say, combating unlawful possession and ownership of land and guaranteeing the rights of men and women who are the legitimate holders and owners, so that violence is never again used as a means of solving land-related disputes.

Nothing established in the Agreement affects the constitutional right to private property.

The right to nutrition:

the comprehensive agrarian development policy must focus on progressively guaranteeing that all persons have access to healthy and adequate nutrition and that foodstuffs are produced sustainably.

Participation:

the planning, implementation and monitoring of plans and programmes will move forward with the active participation of communities – men and women – and this is

furthermore a guarantee of transparency together with accountability, citizen oversight and special supervision on the part of competent bodies.

Benefit, impact and measurement:

taking prioritisation into account, the CRR must be of benefit and have a positive impact on the greatest number of citizens, both male and female, to the greatest extent and in the shortest time possible, and the effects thereof on each project and region being measured.

Sustainable development:

that is to say, development that is environmentally and socially sustainable, requiring protection and promotion of access to water, as part of an ordered concept of territory.

State presence:

in order to build a stable and long-lasting peace, the presence of the state in rural areas will be broad and effective, and will be reflected in the democratic fulfilment of all citizens’ rights, men and women alike.

Democratisation of appropriate use of and access to land:

mechanisms and guarantees that will enable the greatest possible number of men and women living in the countryside, and who have no land or insufficient land, to gain access to it, and that encourage appropriate use of the land in accordance with the criteria of environmental sustainability, land suitability, territorial planning and community participation.

With this in mind and in accordance with the agreement contained in section 1.1.1.

Land Fund for the CRR (3 million hectares) and section 1.1.5.

Large-Scale Rural Property Titling (7 million hectares), the next 12 years will see an extension under the Comprehensive Rural Reform to 10 million hectares.

In any case, the goal of land titling will be achieved within the next 10 years and the land titling within the DPTFs within the next 7 years.

Access and Use.

Non-productive land.

Land titling.

Agricultural frontier and protection of reserve areas.

Comprehensive Rural Reform Land Fund

With a view to achieving the democratisation of access to land, to the benefit of small-scale farmer communities and especially rural women without land or with insufficient land and the rural communities most affected by poverty, neglect and the conflict, regularising property ownership rights and as a result reversing concentration and promoting fair distribution of land, the National Government is to create a Land Fund for the free distribution of land.

The Land Fund (Fondo de Tierras), which will be permanent in nature, will have 3 million hectares of land available during its first 12 years of existence, and that land will come from the following sources:

Land arising from the legal cessation of ownership in favour of the Nation:

the National Government will speed up the necessary reforms for making the legal ownership cessation procedure more flexible with a view to reversing the unlawful concentration of land ownership.

Land recovered in favour of the Nation:

that is to say, unoccupied public land (baldíos) unduly appropriated or occupied, recovered by means of agrarian processes, notwithstanding the fact that members of the small-scale farmer communities can be beneficiaries of the land titling programme. (

This source must be consolidated through the creation and updating of a cadastre, to be promoted within the context of this Agreement).

Land arising from the updating, delimitation and strengthening of the Forest Reserve Areas (Reserva Forestal), for beneficiaries of the Land Fund:

the appropriation of land using this mechanism will be conditional upon the drawing up, with participation from the communities, of plans to guarantee social and environmental sustainability.

Unexploited land:

land recovered through the application of the current administrative ownership cessation procedure, due to failure to fulfil the social and ecological functions of the property.

Land acquired or expropriated for reasons of social interest or public utility, acquired to promote access to rural property, with the corresponding compensation being given.

Donated land:

the National Government will promote the necessary measures to facilitate procedures for donating land to the Land Fund, within the context of ending the conflict and peacebuilding.

The procedures of administrative expropriation for reasons of social interest and public utility and the administrative ownership cessation due to non-exploitation (extinguishment of ownership of uncultivated land) will apply in accordance with the Constitution and pursuant to the criteria set out in laws currently in force.

Other mechanisms for promoting access to land:

supplementary to the aforesaid mechanisms, the National Government undertakes the following:

Comprehensive purchase subsidy:

the National Government will grant a comprehensive subsidy for the purchase of land by beneficiaries (see 1.1.3.)

in priority areas, as an alternative tool which will contribute to solving one-off problems of access, and will include specific measures to facilitate the access of women to the subsidy.

Special purchase credit:

the National Government will arrange for the opening of a new long- term, subsidised, special credit line for the purchase of land by the beneficiary population, with special measures for rural women (see 1.1.3.).

Without prejudice to the provisions contained in section 1.1.1 of the Land Fund, the Government will pass a law to promote other forms of access to state lands such as the

allocation of rights of use, in particular for small and medium-sized producers as individuals or as cooperatives and associations.

Beneficiary persons:

the beneficiaries of the plan of land distribution, the comprehensive subsidy and the special credit, will be male and female farm workers without land or with insufficient land, with priority being given to the victimised rural population, including associations of victims, rural women, female heads of households and displaced persons.

Further beneficiaries may include associations of male and female agricultural workers without land or with insufficient land and also people and communities taking part in settlement and re- settlement programmes, with the aim, inter alia, of protecting the environment, substituting crops used for illicit purposes and strengthening food production.

Those benefitting from the land distribution plan and the comprehensive subsidy will be selected by the competent administrative authority, with the participation of local communities – men and women – in order to guarantee transparency and efficiency, through a procedure expressly defined by the law, which includes objective requirements and criteria and that observes the prioritisation referred to above.

The government and communities alike will make every endeavour to prevent land speculation within the context of these programmes.

The competent administrative authority will draw up a single register of potential beneficiaries of the free allocation plan and the comprehensive subsidy which will be used as a basis for the implementation of these schemes.

Comprehensive access:

when implementing the principles of well-being and quality of life, holistic approach and access to land, the National Government will make available to men and women benefitting from the Land Fund, support programmes in the areas of housing, technical assistance, training, land improvement and soil recovery where necessary, rural productive projects, marketing and access to the means of production that add value, inter alia, and will scale up the provision of public goods and services within the context of the Development Programmes with a Territorial-Based Focus (Planes de Desarrollo con Enfoque Territorial – PDET, hereinafter referred to as DPTFs).

In addition to the measures mentioned in this point and those mentioned in 1.1.1.

with regard to access to land, the National Government will set in motion, within the context of the stimuli for agricultural production detailed in point 1.1.3.,

measures to support income generation, eradication of poverty and the promotion of cooperatives and solidarity associations in the case of small-scale farmers occupying land classified as a smallholding or micro smallholding.

Large-scale titling of small and medium-sized rural property:

with a view to legalising and protecting rights pertaining to small and medium-sized rural properties, in other words, guaranteeing the rights of people who are the legitimate owners and holders of the land, so that violence is never again used as a method of resolving land disputes and as a safeguard against dispossession of any type, the National Government will progressively title, subject to

constitutional and legal provisions, all properties occupied or held by the rural population in Colombia.

The National Government will thus proceed to title 7 million hectares of small and medium-sized rural properties, giving priority to areas such as those covered by the Development Programmes with a Territorial-based Focus, Peasant Enterprise Zones, and others to be defined by the Government.

In implementing this proposal, the Government will:

Draw up a large-scale titling plan and promote the relevant regulatory and operational reforms, guaranteeing participation by communities and their organisations.

The plan must include specific measures for overcoming the obstacles facing rural women when titling property.

Guarantee that there will be no charge for the titling of small rural properties, providing assistance both in the processes of allocating public land and regularising land titles of existing rural property.

Within the context of the rural land legal system being set up, the Government will provide a flexible, rapid resource for protecting property rights.

Where the titled property is smaller than a Family-run Agricultural Unit (Unidad Agrícola Familiar, UAF) (FAU)2, the registered small property owner may also benefit from the Land Fund access plan and alternative mechanisms, such as purchase credits and subsidies with a view to helping to curb the proliferation of unproductive smallholdings.

The transition to a society that has clear rules for reaching agreements and accessing ownership of land requires proper definition and protection of rights of ownership.

Whereas at present various situations exist that affect legal certainty of tenure or ownership of land in Colombia, there is a need to find a solution that conforms to the actual situation in the country, without prejudice to established provisions relating to access to land.

The Government will form a group of three experts on the subject of access to land to put forward, within a term not exceeding three months, recommendations for policy reforms and public policy that allow, within a limited period and whenever possible:

The rights of property owners, occupants and holders in good faith to be regulated, provided that there is no dispossession or bad faith

The social and ecological function of ownership to be guaranteed

Access by workers without land or with insufficient land to be facilitated

Promotion of productive use of the land

The proposals for regulatory amendments to land legislation and public policy must be discussed with the sectors involved in order to seek the broadest possible consensus prior to discussion in the Congress of the Republic.

2 Family Agricultural Unit (FAU) is understood to have the meaning provided in Article 38 of Law 160 of 1994.

Inalienable and non-seizable land:

with a view to guaranteeing the well-being and quality of life of beneficiaries and avoiding the concentration of land distributed by means of free allocation or comprehensive purchase subsidy or registered vacant land, such land will be inalienable and non-seizable for a period of 7 years.

The distributed land, and land that is acquired by means of the comprehensive purchase subsidy, that have received comprehensive support but yet, within this period, cease to be worked upon by the beneficiaries (except in cases of force majeure or fortuitous circumstance) or are used unlawfully, will pass to the Land Fund.

The social function of rural property and, in particular, family farming methods, will be promoted and protected at all times.

Land restitution:

the National Government and the FARC-EP both wish to reverse the effects of the conflict, to achieve restitution for the victims of dispossession and forced displacement and the restoration of land rights to communities, and will promote the voluntary return of displaced men and women.

To that end, the measures agreed in Chapter 5 “Victims” will be implemented.

Certain mechanisms to resolve conflicts concerning possession and use of land and the strengthening of food production:

with a view to contributing to land tenure regularisation and the protection of property rights, promoting appropriate use of land, improving land planning and management, preventing and mitigating conflicts concerning use and possession, and, in particular, to resolving conflicts that jeopardise or limit food production, the National Government will:

Set up flexible, efficient mechanisms for conciliation and conflict resolution concerning land use and possession, aimed at guaranteeing effective protection of rural property rights;

resolving conflicts concerning rights of land possession and use;

and, in general, promoting the regularisation of rural property, including traditional mechanisms and participative intervention by communities in conflict resolution.

Furthermore, the National Government will, to the same end, set in motion a new rural land legal system that will enjoy appropriate coverage and capacity across Colombia, with emphasis on prioritised areas, and with mechanisms that guarantee access to justice that is expedite and timely to the rural poor, with legal advice and special training for women regarding their rights and access to justice, together with specific measures for overcoming barriers that constitute obstacles to the recognition and protection of women’s rights over land.

The participation of women and women’s organisations in the various spaces created for conciliation and the resolution of conflicts concerning land use and possession will be promoted.

Create a high-level body within the framework of the powers of the National Government, which will be responsible for drawing up general guidelines aimed at indicative planning for land use to coordinate, collate and harmonise sector policies, considering the characteristics of its suitability, the common good and territorial-based visions of rural development formulated in participative forums that will provide men and women alike, and the territorial

authorities, with equitative representation.

When the guidelines are devised, attention will be given to the following:

1) socio-environmental sustainability and the preservation of water resources and biodiversity;

2) the compatibility between the current use of rural land and its suitability;

3) the importance of food production to national development, allowing its coexistence with other economic activities, and promoting steps towards self-sufficiency;

and

4) the particular social, cultural and economic aspects of each one of the country’s different territories.

The foregoing is without prejudice to the powers of local authorities to plan and guide the development of the territory over which they have jurisdiction and regulate the use, transformation and occupation of space in coordination with the national authorities and within the framework of preparation and approval of plans and schemes for territorial planning.

Promote efficient use of participative and decision-making spaces in the planning of rural land use and territorial management.

Set up mechanisms for social dialogue between national, regional and local authorities, small- scale farmer communities and also indigenous, black, afro-descendent, raizal and palenquero communities, in addition to other communities where different ethnic and cultural groups coexist, and private-sector companies doing business in rural areas, with a view to creating formal spaces for discussion between actors with diverse interests, which allow the promotion of a common development agenda focusing on socio-environmental sustainability, the well-being of rural populations and economic growth with equity.

Formation and updating of the rural cadastre and of the rural property tax:

with the aim of promoting appropriate, productive and sustainable use of the land, creating an information system that can be used to promote comprehensive rural development, enhancing effective collection of taxes by local authorities and also social investment, stimulating deconcentration of improductive rural property and, in general, transparently regularising land ownership, the National Government will launch:

A comprehensive and multi-purpose General Cadastral Information System, which, within a maximum of 7 years, leads to the creation and updating of the rural cadastre, including the registration of rural property, and is implemented within the framework of municipal autonomy.

In fulfilment of the principles of Prioritisation, Well-being and quality of life, this cadastre must provide early results in the prioritised zones, within the scope of the agreements between the National Government and the FARC-EP.

This system will include information disaggregated by sex and ethnicity, which will, inter alia, provide information concerning the size and the characteristics of property and forms of title certification.

The cadastral valuation will be carried out by the competent authority in accordance with the law.

Technical, administrative and financial support for local authorities in the formation, updating and conservation of the rural cadastre.

Guaranteed broad and effective participation by citizens to ensure information transparency.

In any event, cadastral matters pertaining to rural communities will require the involvement of its members.

At no time will the agreements herein affect the rights acquired by the indigenous and Afro-descendent communities or other rural communities.

A system wherein municipal authorities can effectively settle, charge and collect the property tax, based on the cadastral updating and within the framework of their autonomy.

An appropriate regulatory framework to enable municipalities to set property tax tariffs, in fulfilment of the principle of progressivity - he who has more, pays more - based on fairness and social justice.

Municipal incentives, which will include, where necessary, transfers to municipal funds to enable said authorities to exempt from the property tax those who benefit from land access programmes and also small-scale producers.

The formation and comprehensive updating of the cadastre as well of the registration of rural property will not only lead to a long-lasting improvement of the cadastral information and processes, but will also aim to provide legal and social certainty, especially for small and medium- sized rural property, and to benefit food production and environmental balance.

Closure of the agricultural frontier and protection of reserve areas:

to assist in defining the agricultural frontier, protecting areas of special environmental interest and generating, for the neighbouring or occupying communities, livelihood alternatives that maintain a balance between that which is good for the environment and that which contributes to well-being and quality of life, under the principles of rural community participation and sustainable development, the National Government will:

Within two years, implement an environmental zoning plan to delimit the agricultural frontier and to enable updating, and where necessary, expanding the inventory, and to characterise the use of areas requiring proper environmental management, such as:

forest reserve areas, areas of high biodiversity, fragile and strategic ecosystems, watersheds, moorland (páramos) and wetlands, and other water-related sources and resources, with a view to safeguarding biodiversity and the progressive right to water, and the promotion of its rational use.

For the purposes of implementation of the Plan, the National Government shall take account of coexistence and development projects and participation by rural organisations and communities— men and women— as a guarantee of the fulfilment of the aims of this Chapter, without prejudice to the community and socio-environmental interests and the common good.

Provide support to rural communities currently living alongside or within areas requiring the special environmental management detailed previously, working with them to structure plans for their development, including re-settlement programmes or programmes for

community rehabilitation of forests and the environment, which are compatible with and contribute to the objectives of closing the agricultural frontier and preserving the environment, such as:

the provision of environmental services, with special acknowledgement and appreciation of intangible cultural and spiritual aspects, and protecting the social interest;

sustainable food production and silvopasture systems;

reforestation;

Peasant Enterprise Zones (Zonas de Reserva Campesina – ZRC, hereinafter PEZ);

and, in general, other sustainable forms of organisation of the rural population and economy.

In order to promote appropriate use of land, in addition to the new cadastral structure and property tax progressivity (1.1.9.),

the National Government shall adopt such measures and create such incentives as are necessary to prevent and to promote solutions to conflicts between land suitability and actual use, taking into account the environmental zoning plan addressed herein and the principle of well-being and quality of life.

Land appropriated from the Forest Reserve Areas mentioned in this Agreement will be prioritised to small-scale farmers without land or with insufficient land, via various forms of organisation or association, including the Peasant Enterprise Zones, which will contribute to the closure of the agricultural frontier, the strengthening of the small-scale farmer economy and family-run agriculture.

PEZs are agricultural initiatives that are conducive to peacebuilding, to guaranteeing political, economic, social and cultural rights of rural communities, to development based on socio- environmental and food sustainability and to reconciliation between Colombian citizens.

The National Government, in dialogue with the various communities and taking into account the principles of well-being and quality of life and participation in the Comprehensive Rural Reform, will promote access to land and the planning of its use in the PEZs, providing support for development plans of the already existing zones and of those to be set up in response to initiatives of rural communities and organisations deemed to be representative, in such a manner as to comply with the aim of fomenting the small-scale farmer economy, contributing to the closure of the agricultural frontier, and boosting food production and the protection of Forest Reserve Areas.

Active participation on the part of communities — men and women— living in the PEZs in the implementation of these development plans will be encouraged.

Within the context of the procedures for setting up the PEZs, which will be carried out by the competent authority in accordance with current provisions, the Government, as a result of dialogue, will, together with the interested communities, define the areas for each one of them, addressing the needs of small-scale farmers that have commenced or wish to commence procedures for setting up these zones.

These procedures will be implemented alongside property titling procedures.

Development Programmes with a Territorial-Based Focus (DPTFs)

Objective:

the objective of the DPTFs is to achieve the structural transformation of the countryside and the rural environment and to promote an equitable relationship between rural and urban areas, with a view to guaranteeing:

Well-being and quality of life for people living in rural areas — boys and girls, men and women

by enabling them to exercise their political, economic, social and cultural rights and reversing the effects of poverty and conflict;

The protection of the multi-ethnic and multicultural richness of Colombia in order that it may contribute to knowledge, the organisation of life, to the economy, production and the relationship with nature;

The development of the small-scale farmer and family-run economy (based on cooperative, mutual, communal, microbusiness and solidarity association systems) and of the particular production methods of the indigenous, black, Afro-descendent, raizal and palenquero communities, through comprehensive access to land and to productive and social goods and services.

The DPTFs will with equal emphasis play a part in inter-ethnic and inter-cultural spaces, with a view to the latter making effective progress towards development and harmonious coexistence;

The development and integration of regions neglected and afflicted by the conflict, providing progressive public investment agreed with the various communities and aimed at achieving a convergence between the quality of rural life and the quality of urban life, and strengthening links between cities and the countryside;

The recognition and promotion of community organisations, including organisations of rural women, enabling them to become protagonists in the structural transformation of the countryside;

Making the Colombian countryside a showcase of reconciliation where all, male and female alike, work around a shared aim, namely the supreme goal of peace, right and duty of mandatory compliance.

Prioritisation criteria:

the process of the structural transformation of the countryside must cover all the country's rural areas.

Priority will be given to the zones most urgently in need under a DPTF which will enable the national plans set up within the context of this Agreement to be implemented more rapidly and with greater resources.

The prioritisation criteria for the zones will be:

Poverty levels, in particular extreme poverty and unsatisfied needs;

The degree to which the zone has been affected by the conflict;

The weakness of administrative institutions and of management capacity;

The presence of crops for illicit use and other unlawful economies.

Action plans for regional transformation:

in order to fulfil the objectives of the DPTFs, an action plan for regional transformation will have to be prepared for each prioritised zone.

This action plan must include all levels of territorial planning, result from a participatory process and reflect dialogue between the local authorities and communities.

The plans must address:

The territorial-based approach to rural communities that takes account of the socio-historic, cultural, environmental and productive characteristics of territories and their inhabitants and also their needs, which will be differentiated on the basis of their membership of groups in vulnerable circumstances as well as land suitability, so that sufficient public investment resources can be deployed in harmony with the nation's tangible and intangible values.

An objective assessment, drawn up with the participation of the various communities — men and women — which, using the aforesaid territorial-based approach, will take account of the needs in a territory and the steps necessary to coordinate the various aspects, with clear, precise targets that will allow the structural transformation of living and production conditions.

The National Development Plan (Plan Nacional de Desarrollo) — will encompass the priorities and goals of the DPTFs.

Participation mechanisms:

the active participation of the various communities — men and women — in conjunction with the authorities of territorial bodies, is the basis of the DPTFs.

To that end, forums will be set up at the various territorial levels to guarantee citizens’ participation in the competent authorities’ decision-making process to develop what has been agreed in the CRR, attended by representatives of the communities, including rural women and their organisations, and monitored by supervisory bodies (namely the Office of the Inspector General, the Office of the Attorney General, the Office of the Comptroller General and the Office of the Ombudsman), in order:

To define the priorities for implementation of national plans (roads, irrigation, infrastructure, services, etc.)

in the territory, in accordance with the needs of the population;

To guarantee community involvement in the execution of the works and their upkeep;

To establish mechanisms of follow-up and oversight of projects.

The systems for participation established for the preparation of Development Programmes with a Territorial-Based Focus seek to strengthen participation by citizens in decisions that affect them within the framework of the Constitution, promote solidarity associations and invigorate local democracy.

Under no circumstances do they seek to limit the executive powers of elected officials or the powers of composite bodies (Congress, municipal councils and departmental

assemblies).

Within the framework of the DPTFs, the general characteristics and times will be expressly established to guarantee that these systems for participation function correctly.

Means:

the DPTFs will be the mechanism of implementation in the prioritised zones for the various national plans arising from the Agreement.

The National Government will channel the necessary resources to guarantee the design and implementation of the action plans for structural transformation, in conjunction with territorial bodies.

Follow-up and evaluation:

the action programmes and plans for regional transformation in each prioritised zone will include local, regional and national follow-up and evaluation mechanisms as part of the general verification and follow-up mechanisms addressed in Chapter 6, in order to guarantee that what is agreed is implemented and delivered.

National plans for Comprehensive Rural Reform

The central objective of the national plans for Comprehensive Rural Reform is, on the one hand, to overcome poverty and inequality, in order to achieve the well-being of the rural population, and on the other, the integration of and closing of the gap between rural and urban areas.

In accordance with this Agreement, the competent authorities must draw up and start up National Plans in the territory.

Poverty is overcome not simply by improving families’ income, but by ensuring that boys and girls, men and women have adequate access to public goods and services.

This is the basis of a decent life.

Thus, overcoming poverty in the countryside depends, first and foremost, on the joint action of the national plans for Comprehensive Rural Reform, which over a fifteen-year transition phase will eradicate extreme poverty, reduce rural poverty in all its dimensions by 50%, reduce inequality and create a trend towards the convergence, at a higher level, of the quality of life in towns and cities and in the countryside.

In any case, the framework plan must guarantee that the utmost efforts are made to fulfil the National Plans in the next 5 years.

In order to overcome poverty, specific, differentiated measures will be implemented to address the special needs of women in the countryside and achieve effective equality of opportunity between men and women.

Infrastructure and land improvement

Road infrastructure:

with the aim of achieving regional integration and access to social services and markets, favourably influencing food prices as a guarantee of the right to nutrition, and raising the income level of rural communities, the National Government is to set up and implement a National Tertiary Rural Road Plan (Plan Nacional de Vías Terciarias).

Implementation of the Plan will take account of the following criteria:

The active participation of communities — men and women — in the prioritisation, implementation and monitoring of the works.

Technical assistance and the promotion of the organisational capabilities of communities, to guarantee the upkeep and sustainability of the works.

The stimulation of the local economy, giving priority to the hiring of local male and female workers and the acquisition of local materials.

The promotion and application of diverse technological solutions.

The importance of guaranteeing the sustainability of socio-environmental conditions.

Irrigation infrastructure:

with the aim of supporting small-scale family-run agricultural production and boosting the rural economy in general by guaranteeing democratic and environmentally sustainable access to water, the National Government will set up and implement the National Irrigation and Drainage Plan (Plan Nacional de Riego y Drenaje) for the rural, family- run and community-based economies.

Implementation of the Plan, will take account of the following criteria:

The promotion and application of appropriate technological irrigation and drainage solutions for the rural, family-run and community-based economies, in accordance with the particular features of the various zones, the rural productive project and the communities themselves.

The rehabilitation of the irrigation infrastructure for the rural, family-run and community- based economies.

Assisting user-associations in the design and drawing up of the irrigation and drainage projects.

Technical assistance and the promotion of the organisational capabilities of communities to guarantee the upkeep, administration and economic and environmental sustainability of irrigation and drainage projects.

The promotion of appropriate practices for the use of water in irrigation.

Preparatory measures to mitigate the risks of climate change.

Electricity infrastructure and connectivity:

with the aim of ensuring the conditions for a decent life and improving connectivity, the National Government will design and implement a National Rural Electrification Plan (Plan Nacional de Electrificación Rural) and a National Rural Connectivity Plan (Plan Nacional de Conectividad Rural), based on the following criteria:

The expansion of electrical coverage.

The promotion and application of appropriate technological electricity generation solutions in accordance with the particular features of the rural environment and the various communities.

Technical assistance and the promotion of the organisational capabilities of communities to guarantee the upkeep and sustainability of the works.

Training in appropriate use of energy in order to guarantee its sustainability.

The installation of the infrastructure needed to guarantee high-speed internet access in municipal capitals.

The provision of community internet access solutions for population centres.

Social development:

health, education, housing, poverty eradication

Health:

with the aim of bringing healthcare services closer to communities, particularly vulnerable groups and persons, strengthening the infrastructure and the quality of the public network in rural zones and improving the suitability and the relevance of service provision, a National Rural Health Plan (Plan Nacional de Salud Rural) will be be set up and implemented.

Implementation of the the Plan will take account of the following criteria:

Infrastructure construction and improvement based on a broad, participative diagnosis making it possible to reach the greatest number of users in each region, to provide equipment, including the adoption of new technologies to provide higher levels of health care (e.g. telemedicine), and the availability and long-term presence of qualified staff.

The adoption of an equity- and gender-based approach that takes account of the health requirements of women, in accordance with their life cycle, including measures to address sexual and reproductive health, psychosocial care and the special measures for pregnant women and children in the areas of prevention, health promotion and treatment.

The creation of a special public health model for dispersed rural areas, with the emphasis on prevention, which allows the provision of services in the home or in the workplace.

An ongoing follow-up and evaluation system to guarantee the quality and suitability of the service.

Rural education:

with the aim of providing a comprehensive service for early childhood, guaranteeing the coverage, quality and relevance of education, eradicating illiteracy in rural areas, helping the younger generation to remain part of the production sector in the countryside, and promoting involvement in rural development on the part of regional academic institutions, the National Government is to set up and implement the Special Rural Education Plan (Plan Especial de Educación Rural).

Implementation of the Plan will take account of the following criteria:

Universal coverage with comprehensive service provision for early childhood.

Flexible pre-school, primary and secondary school education adapted to the needs of communities and of the rural environment, with an equity-based approach.

The construction, reconstruction, improvement and adaptation of the rural educational infrastructure, to include the provision and ongoing presence of qualified teaching staff and access to information technologies.

The guarantee of free education at pre-school, primary and secondary school level.

Improvement of the conditions of access of boys, girls and adolescents to the education system and assistance in enabling them to continue their education, through the provision of free access to materials, textbooks, school meals and transport.

The provision of recreation, culture and sports programmes and infrastructure.

The incorporation of technical agricultural training into secondary school education (years ten and eleven).

The provision of scholarships with non-repayable grants for the poorest rural men and women to gain access to technical, technological and university training services, to include, where relevant, subsistence funds.

The promotion of vocational training for women in disciplines that are not the traditional preserve of women.

The implementation of a special programme for eradicating illiteracy in the countryside.

The strengthening and promotion of research, innovation and scientific and technological development for the agricultural sector, in areas such as agro-ecology, biotechnology, soil science, etc.

A progressive increase in technical, technological and university quotas in rural zones, with fair access for both men and women, including persons with a disability.

Special measures will be implemented to incentivise access on the part of rural women and to encourage them to continue.

Promoting the expansion of provision and technical, technological and university training in subject areas related to rural development.

Housing and drinking water:

with the aim of guaranteeing decent living conditions to those living in the countryside, the National Government will set up and implement the National Rural Social Housing Construction and Improvement Plan (Plan nacional de construcción y mejoramiento de la vivienda social rural).

Implementation of the plan will take account of the following criteria:

The application of appropriate housing solutions, in accordance with the particular features of the rural environment and of various communities, with an equity approach.

There will be equal access to these solutions for men and women.

The promotion and application of appropriate technological solutions (local aqueducts and individual solutions) to guarantee access to drinking water and the management of wastewater.

The granting of subsidies for construction and improvement of housing, prioritising those in extreme poverty, victims, beneficiaries of the land distribution plan and women who are heads of households.

The amounts of the non-reimbursable subsidy, which may cover up to all the housing solution, will be established in accordance with the construction costs and requirements in each region, with a view to guaranteeing decent housing conditions.

The active participation of communities — men and women — in the definition of housing solutions and project implementation.

Technical assistance and the promotion of organisational capabilities of communities to ensure the upkeep, operation and sustainability of water access and wastewater management solutions.

Promoting appropriate practices for using drinking water.

Stimuli for agricultural production and the solidarity and cooperative economy.

Technical assistance.

Subsidies.

Credit.

Income generation.

Marketing.

Formalisation of the labour market.

Stimuli for a solidarity and cooperative economy:

with the aim of stimulating different associative forms of work for and between small and medium-sized producers, based on solidarity and cooperation, which promote economic independence and organisational ability, especially in rural women, and which strengthen the ability of small producers in terms of access to goods and services, marketing their goods and, in general, improving their living, working and production conditions, the National Government will set up and implement the National Plan to Foment the Rural Solidarity and Cooperative Economy (Plan nacional de fomento a la economía solidaria y cooperativa rural).

Implementation of the plan will take account of the following criteria:

Mentoring, technical and financial support for rural communities — men and women — in the creation and consolidation of cooperatives, solidarity and community associations and organisations, especially those connected with food production and supply and in particular organic and agro-ecological production and women's organisations.

The strengthening of productive capacities and of conditions of access to rural development instruments (means of production, technical assistance, training, credit and marketing, inter alia).

Stimulating the solidarity and cooperative economy as a means for channelling resources and services to the rural population.

Using an equity-based approach, supporting community organisations and associations in contributing to infrastructure and equipment project management (roads, housing, health, education, water and basic sanitation, irrigation and drainage).

Technical assistance:

with the aim of strengthening production capacities in the rural, family-run and community-based economies to develop rural productive projects and to stimulate technological innovation processes, the National Government will design and implement a Comprehensive National Technical, Technological and Research-Incentive Assistance Plan (Plan nacional de asistencia integral técnica, tecnológica y de impulso a la investigación).

Implementation of the plan will take account of the following criteria:

Guaranteeing the provision of the comprehensive technical and technological assistance service (advances in terms of technico-productive, organisational, social, management, administration, IT, finance, marketing and training) for production in the rural, family-run and community-based economies in a decentralised manner.

Comprehensive technical and technological assistance is a free-of-charge public service for men and women who benefit from the Land Fund and for small-scale producers, with priority being given to women who are heads of families, and will include a progressive subsidy for medium-sized producers.

Regulating and supervising the quality of the technical and technological assistance service, including a system of participative and community-based monitoring and evaluation that will take account of female participation.

Linking technical and technological assistance with the results of agricultural research and innovation processes, including the use of communication and information technologies.

Promoting and protecting native seeds and seed banks, without restricting or imposing other types of seeds such as improved seeds, hybrids and others, so that communities — men and women — can access optimum seed material and, in a participative way, contribute to the improvement thereof, by incorporating their own knowledge.

Furthermore, strict socio- environmental and health regulation of transgenic materials will promote the common good.

The aforesaid will be within the context of the state's unshakeable obligation to take such measures and to use such tools as are necessary to safeguard the country's genetic heritage and biodiversity as sovereign resources of the nation.

Subsidies, income generation and credit:

in addition to the subsidies that the National Government will grant to the rural, family-run and community-based economies through the plans and programmes relating to land distribution, technical assistance, housing, infrastructure and, in general, all social goods and services falling under the heading of comprehensive access, the National Government will design and implement a Plan for Supporting and Consolidating Income Generation in the Rural, Family-run and Community-based Economies and Medium-sized Producers with Lower Income Levels (Plan para apoyar y consolidar la generación de ingresos de la economía campesina, familiar y comunitaria, y de los medianos productores y productoras con menores ingresos).

In addition, this Plan must enable women to overcome barriers to accessing funding.

Implementation of the plan will take account of the following criteria:

Providing non-reimbursable seed funding that will allow the successful start-up of production projects for the beneficiaries of land distribution.

Promoting revolving agricultural funds for associations of small and medium-sized producers with lower income levels.

Adopting a system of guarantees to facilitate access by the rural, family-run and community- based economies to agricultural credit.

In light of the agreements in section 1.1.6 relating to inalienability and non-seizability, the provision of soft, flexible, appropriate and subsidised credit lines for the rural, family-run and community-based economies and complementary activities, and with progressive subsidies for medium-sized producers with lower income levels, aimed at supporting the right to nutrition, the reconversion of production and the generation of added value.

Subsidised credit lines for land purchase will be granted exclusively to small producers.

Promoting subsidised harvest insurance for the agricultural produce of the rural, family-run and community-based economies in all their forms.

The encouragement of a culture of management of all types of risks.

Alongside subsidised credit handbooks, comprehensive information and mentoring will be provided as a priority to small rural producers in the use of portfolio normalisation mechanisms, enabling them to return to production in the rural, family-run and community- based economies on their holdings, with a view to safeguarding their livelihood.

Marketing:

with the aim of guaranteeing suitable conditions for marketing goods arising from the production of the rural, family-run and community-based economies and improving their availability as a guarantee of the right to nutrition, the National Government will set up and implement the National Plan for the Promotion of Marketing the Products of the Rural, Family- run and Community-based Economies (Plan nacional para la promoción de la comercialización de la producción de la economía campesina, familiar y comunitaria), which will have affirmative measures to promote the economic empowerment of rural women.

Implementation of the plan will take account of the following criteria:

The promotion of solidarity associations, including associations of rural women, for the purposes of marketing, which will provide information and logistics, administer storage centres and promote the produce of the countryside, with special attention being given to prioritised areas, to progressively minimise intermediation, reduce the final price charged to the consumer, encourage direct relationships between producers and consumers and create conditions for guaranteeing higher incomes for producers.

Financing or co-financing of storage centres for the food production of the rural, family-run and community-based economies, which address the particular features and needs of a region, and encourage organised communities to administer the storage centres.

In urban centres, promoting markets for the produce of the rural, family-run and community- based economies.

Promoting links between small-scale rural production and other production models, which may be vertical or horizontal, and on different scales, improving country/town integration, for the benefit of the various communities — men and women — and to add value to produce.

The design and progressive implementation of a public procurement mechanism to meet the demand from institutional bodies and programmes which, in decentralised fashion, will promote local production in order to support the sales and market penetration of the produce of the rural, family-run and community-based economies.

For producers, implementing a system of regional price information supported by information and communications technologies.

Formalisation of the rural labour market and social protection:

the National Government will do its utmost to strengthen the social security and protection system for the rural population, with an equity-based approach and taking into account the particular situation of women.

In light of the International Labour Organisation (ILO) regulations, to which Colombia is party, and with a view to safeguarding decent employment and the rights of workers in the countryside, and their social protection (protection in old age, maternity benefits, occupational risks), the National Government will set up and implement the Progressive Plan for Social Protection and Safeguarding of the Rights of Rural Workers (Plan progresivo de protección social y de garantía de derechos de los trabajadores y trabajadoras rurales).

The aim of the plan will be to provide decent rural working conditions through the full application, with workplace inspection, of the regulations governing contractual relationships, the corresponding working day, remuneration and contract regulation, taking account of case-law developments favourable to workers, and the applicable international standards of the ILO, relating to labour in general and rural labour in particular, to enable the effective safeguarding, for men and women on an equal basis, of the fundamental right to employment.

Implementation of the plan will take account of the following criteria:

Campaigns to eradicate child labour and immediate measures to eradicate the worst forms of child labour.

The safeguarding of social protection through a regular economic benefit for workers in the countryside of retirement age, and an occupational risks subsidy proportionate to individual savings and that will include a a state subsidy.

The promotion and stimulus of processes for worker organisation in the countryside through associations based on solidarity and cooperation, such as to facilitate access to state services focusing on worker well-being.

Promoting the recruitment of persons with a disability.

Promoting the recruitment of women in non-traditional areas of production.

Training agricultural workers and businesses in the area of employment rights and obligations, and promoting the culture of formalisation of the labour market.

The strengthening of the fixed labour inspection system and the creation of a mobile inspection system in rural areas to enable workers to demand their due employment rights and to properly process employment disputes.

The environmentally and socially sustainable plans and programmes to be carried out in rural areas will benefit from the collaboration of the workforce from communities in the zone — both men and women.

Employment conditions under these programmes will be compliant with international and national regulations and will be governed by the principles of dignity and fairness.

The extension of programmes for effective protection of the economic risk of old age to the elderly rural population in extreme poverty which is not covered by the social security system, taking account of the special needs of female members of the elderly population.

Promoting schemes for protection during pregnancy, childbirth, breast-feeding and health services for newborns, by progressively extending the coverage and enhancing the quality of family health and subsidy systems, with particular focus on rural working women.

Associations:

the Government will encourage and promote associations, production chains and productive partnerships between small, medium and large producers as well as processors, traders and exporters in order to guarantee large-scale, competitive production that forms part of added value chains that help improve living conditions of the rural inhabitants in general and small producers in particular.

For that purpose, it will provide technical, legal and economic assistance (credit or financing) to small producers in order to guarantee family and associative projects that are balanced and economically sustainable.

1.3.4.

System for the progressive realisation of the right to food:

in fulfilment of the obligation to progressively realise the human right to healthy, nutritional and culturally appropriate food, with the aim of eradicating hunger and enhancing the availability of, access to and consumption of sufficient nutritional food, the National Government will set in motion a special system for the progressive realisation of the right to food for the rural population.

Food and nutrition policy in rural zones is based on the progressive increase in food production, income generation and, in general, the creation of conditions of well-being based on national plans for access to land, infrastructure, irrigation, housing and drinking water, technical assistance and training, marketing, credit, the promotion of associations based on solidarity and cooperation, and other plans set out in this agreement.

This policy acknowledges the fundamental role played by rural women in their contribution to fulfilling the right to food.

All the national plans must broadly comply with the proposed food and nutrition policy objectives, by means of a system that implements them across the country's territories and will take account of the following criteria:

The development of departmental and local plans concerning culturally appropriate food and nutrition, with the active participation of communities, society, the National Government and departmental and municipal authorities, with a view to implementing the measures and establishing goals in the field.

The establishment of departmental and municipal food and nutrition councils, with representatives from the government and broad representation of society and communities

men and women — with the aim of proposing and participating in the definition of guidelines for planning and implementing food and nutrition policies through departmental and local plans, mobilising resources in the region, monitoring risk and following up compliance with targets.

The establishment of a National Food and Nutrition Council composed of national, departmental and municipal authorities and representatives (male and female) selected from the departmental and municipal councils, which will propose and participate in the definition of the guidelines for food policy, coordinate departmental and local plans, inform about and monitor risk and follow-up goals on a national level.

The development of programmes to combat hunger and malnutrition, with national coverage, especially for the destitute rural population, pregnant and breast-feeding women, girls and boys and the elderly.

These programmes will include emergency plans for the most vulnerable rural population and those in extreme poverty.

The adoption of support systems to strengthen, develop and promote production and the internal market, and which will include technical/scientific assistance, these systems being designed to enhance the environmentally and socially sustainable skills level of the rural, family-run and community-based economy, thereby contributing to self-sufficiency and self- supply.

The promotion of local and regional markets that are close to those who produce and consume and that improve conditions of access to and availability of food in rural areas of the country.

The implementation of campaigns designed to promote the production and consumption of highly nutritious foodstuffs, the proper handling of food and the adoption of good eating habits, which will take territorial characteristics into account and promote the production and consumption of Colombian foods.

In addition, the provision of conditions and incentives to promote production and marketing, including, where necessary, direct support to strengthen production with the aim that, in the rural, family-run and community-based economy, the negative impacts of economic globalisation and the freeing-up of trade can be avoided or minimised.

Political participation:

A democratic opportunity to build peace

The National Government and the FARC-EP recognise that:

Within the context of the end of the conflict, building and consolidating peace requires an expansion of democracy to allow new forces to emerge on the political scene in order to enrich debate and deliberation concerning the major problems confronting the nation, thereby strengthening pluralism and thus the representation of different visions and interests in society, with due safeguards for participation and inclusion in politics.

It is important to expand and to qualify democracy as a prerequisite for achieving a solid basis for forging the peace.

Peacebuilding must be addressed by society as a whole and requires the involvement of everyone, without distinction, and thus it is necessary to encourage participation and decision- making on the part of society as a whole in Colombia;

peacebuilding is a right and also a mandatory duty, forming the basis for setting Colombia on the road to peace with social justice and to reconciliation, heeding its people's clamour for peace.

This includes strengthening social movements and organisations and providing more robust spaces for involvement in order that citizens can contribute in a positive and effective way, and in order that democracy can be invigorated and enhanced.

Taking account of the fact that women face greater social and institutional barriers in terms of political participation, as a result of deep-rooted discrimination and inequality, as well as structural conditions of exclusion and subordination, there will be significant challenges in guaranteeing their right to participation, and facing up to and transforming these historical conditions will involve developing affirmative measures that will safeguard women's participation in the various areas of political and social representation.

To that end, the situation and condition of women in all contexts and in all special aspects will have to be acknowledged.

The signing and implementation of the Final Agreement will contribute to an extension and consolidation of democracy in as much as it will involve the laying down of arms and the outlawing of violence as a method of political action for each and every one of Colombia's citizens, in order to make the transition to a country where democracy rules, with full guarantees for those taking part in politics and thereby opening up new areas for participation.

In consolidating the peace, it is necessary to guarantee pluralism, facilitating the constitution of new political movements and parties that will contribute to the debate and to the democratic process and will involve sufficient guarantees for the exercising of political opposition and genuine power alternatives.

At the end of the conflict, democracy requires a strengthening of the safeguards of political participation.

Peace consolidation also requires the promotion of peaceful coexistence, tolerance and non- stigmatisation, ensuring conditions of respect for democratic values and thereby greater respect for those exercising political opposition.

On the one hand, these guarantees will be based on fairer distribution of public resources designed for political movements and parties and greater transparency in the electoral process.

There will have to be a series of immediate measures, especially in the regions where risks and threats persist, and also a comprehensive review of the electoral system and the composition and functions of the electoral authorities.

On the other hand, there will have to be greater guarantees for the exercising of political opposition.

The review and modernisation of the electoral organisation and system must make provision for greater participation by citizens in the electoral process.

Greater electoral participation additionally requires inclusive measures that will facilitate the exercising of this right, especially in outlying zones or zones affected by the conflict and neglect, taking account of the specific difficulties of women living in these zones in exercising this right.

Peacebuilding further requires citizen mobilisation and participation in areas of public interest and, in particular, in the implementation of this Agreement.

This involves, first, the strengthening of guarantees and capabilities, in order that male and female citizens alike, brought together in different social and political movements and organisations, can carry on their activities and thereby contribute to the expression of the interests of a pluralist, multicultural society via different means, including social protest.

In consolidating citizen participation on the part of women, their social agendas have to be appreciated and their contribution to public life as political subjects has to be recognised, especially in the area of the promotion and defence of their rights.

Moreover, a guarantee of citizen participation in the discussion of development plans, public policies and, in general, matters affecting the community should have a direct impact on the decision-making of the relevant public authorities and corporations.

Thus, citizen participation will become a genuine complementary force and, at the same time, a mechanism of control of the political representation and public administration system.

The promotion not only of political pluralism but also social movements and organisations, particularly of women, young people and other sectors excluded from the exercise of politics and, in general, the democratic debate, requires new forums for dissemination in order that parties, organisations and communities involved in peacebuilding can gain access to space on national, regional and local channels and broadcasters.

In addition, peacebuilding requires the territories most affected by the conflict and neglect to have, in a transition phase, greater representation in the Congress of the Republic in order to ensure the political inclusion of these territories and their people and also the representation of their interests.

Similarly, it is necessary to create the conditions and to provide the safeguards for the organisations that rose up in arms to be transformed into political movements or parties, and to play an active part in the shaping, exercising and control of political power in order that their proposals and projects might constitute a power alternative.

With a view to complying with all the aforesaid, the necessary institutional adjustments and reviews will take place, leading to full political and citizen participation in all political and social sectors, thereby facing up to the challenges of peacebuilding.

Rights and full guarantees for the exercise of political opposition in general and, in particular, for the new movements emerging in the wake of the signature of the Final Agreement.

Access to the media.

Rights and guarantees for the exercise of political opposition in general

The exercise of politics is not restricted exclusively to participation in the political and electoral system, and for that reason the creation of spaces for democracy and pluralism in Colombia requires acknowledgement not only of the opposition role of political movements and parties but also of the forms of action open to social and popular movements and organisations that might in the future come to act in opposition to the policies of the national government and departmental/municipal authorities.

To that extent, the definition of guarantees concerning opposition requires a distinction to be made between a political opposition role within the political and representative system and the activities of social and popular movements or organisations that might in the future come to act in opposition to the policies of the national government and departmental/municipal authorities.

In the case of political movements and parties that declare themselves to be in opposition, safeguards will be enshrined in a statute, whilst in the case of the aforementioned social and popular movements and organisations it is necessary not only to guarantee the full exercising of rights and freedoms, including that of opposition, but also to promote and to facilitate the forums in which demands can be addressed.

Statute of guarantees for the exercise of political opposition

The exercise of political opposition is a cornerstone of the process of building a broad-based democracy, peace with social justice and national reconciliation, particularly in the wake of the signing of a Final Agreement that will provide the space for new political movements and parties requiring full guarantees for the exercising of politics to arise.

In order to make progress in fulfilling the constitutional obligation (article 112) to fully regulate the rights of political parties and movements that declare themselves to be in opposition to the Government, the political movements and parties with legal status will be called together in the

form of a Commission to define the outline of the statute of guarantees for political movements and parties that declare themselves in opposition.

In addition, the following political groups representing the opposition will be called to take part in the Commission:

the Marcha Patriótica political movement and the Congreso de los Pueblos political movement, and also two experts delegated by the FARC-EP.

The Commission will provide the forums or mechanisms for receiving input and proposals from other political groups wishing to take part in the discussion.

Care will be taken to ensure that the parties, movements and other groups called to the Commission include female representation.

The Commission will convene an event to facilitate involvement by spokespersons from the most representative social movements and organisations, experts and academia, inter alia.

On the basis of these guidelines, the National Government will prepare a bill, with the assistance of delegates from the Commission of political movements and parties, which will be presented for debate within Congress no later than three months after receiving the recommendations by the Commission.

Security guarantees for the exercise of politics

As part of a modern, qualitatively new concept of security that, within the context of the end of the conflict, is based on respect for human dignity, the promotion of and respect for human rights, and the defence of democratic values, particularly the protection of the rights and freedoms of those involved in politics, and especially those who, in the wake of the ending of the armed conflict, become members of the political opposition and thus have to be recognised and treated as such, the National Government will set up a new Comprehensive Security System for the Exercise of Politics (Sistema Integral de Seguridad para el Ejercicio de la Política).

In an end-of-conflict scenario, the maximum possible guarantees have to be established for the exercising of politics, thereby using democracy as a channel for the settlement of disputes and conflicts, contributing in a decisive manner to the creation of a climate of coexistence and reconciliation.

The Comprehensive Security System is conceived within the context of guarantees of rights and freedoms and it seeks to ensure the promotion and protection of individuals, and respect for life and freedom of thought and opinion, thereby strengthening and consolidating democracy.

This new Comprehensive Security System for the Exercise of Politics must help to create and to guarantee a culture of peaceful coexistence, tolerance and solidarity that dignifies the exercise of politics and offers guarantees to prevent any form of stigmatisation or persecution of leaders due to their political activities, personal opinion or opposition.

Provisions will be adopted to prevent the promotion of security concepts that, on any pretext, conflict with the objectives of the system, these latter being the protection of the life of those exercising politics and their non- stigmatisation for their political activities and ideas.

The new System will incorporate special measures for women, and these are to include positive evaluation of their involvement in public life.

The new Comprehensive System will, within the institutions of the state, political movements and parties, social movements and organisations and communities in general, further the promotion of a culture of respect for difference and an interest in the prevention of violence against those exercising politics.

The Comprehensive Security System for the Exercise of Politics will include a robust internal control mechanism that will guarantee the suitability of officials and make it possible to prevent and, if necessary, penalise any conduct in conflict with the rights of the individuals that it is called upon to protect.

The Comprehensive Security System for the Exercise of Politics will be structured in keeping with a concept of security that focuses on the individual, is based on the principles of sovereignty, non-intervention and free determination of the people, and that allows coordination between security measures and measures aimed at the development and well-being of individuals and groups covered in this agreement, and which adopts an equity- and gender-based approach.

Furthermore, the Government will strengthen, concentrate and implement all its institutional capacity to prevent, dismantle and neutralise, adopting a multi-dimensional approach, any possible source of violence against those exercising politics and will take every necessary measure to ensure that there is no resurgence of paramilitary groups (see section 3.4).

Comprehensive Security System for the Exercise of Politics

Under the precepts set forth above, the National Government will set in motion a Comprehensive Security System for the Exercise of Politics, understanding security as a democratic value and adopting a humanistic approach, that must inspire action by the state.

The System must serve as effective guarantee of the rights and freedoms of those who are exercising politics within the concept of democratic rules.

The System will include the following elements:

Appropriate regulations and institutions:

Creation of a high-level unit:

This unit will set in place a Comprehensive Security System for the Exercise of Politics and will guarantee the implementation, functioning and supervision thereof.

This unit will be accountable to the Office of the President of the Republic and will establish mechanisms for ongoing dialogue with political movements and parties, especially those in opposition, and the new movement arising from the transition of the FARC-EP to legal political activity.

The mechanisms will include, inter alia, a system of planning, information and monitoring, and a follow-up and evaluation commission (see sub-paragraph d).

The unit will promote effective dialogue with women.

This unit will oversee the functioning of the system and will serve as the primary link with other state institutions, such as the Office of the Ombudsman (Defensoría del Pueblo), the

Office of the Attorney General (Fiscalía General de la Nación) and the Office of the Inspector General (Procuraduría General de la Nación).

A review of the regulatory framework for increasing the penalties for crimes against those exercising politics.

Strengthening of investigative and judicialisation capabilities for prosecuting whoever poses a threat to those exercising politics.

A specialisation process will be promoted in the investigation and indictment stage in order to increase institutional capacity for combating impunity.

Prevention:

Early Warning System:

The system must have a territorial-, equity- and gender-based approach.

The state will have sufficient funding for proper, comprehensive functioning of this Early Warning System.

Preventive security deployment:

o The concept of comprehensive territorial control that includes linking up male and female citizens in the regions to assist in the protection of those involved in political activity, within the context of the peacebuilding process.

An inclusive, auditable coordination system.

Protection:

A specialised protection programme for members of the new political movement arising from the transition of the FARC-EP to legal political activity, to be agreed between the FARC-EP and the National Government.

Specialised protection, based on risk evaluation, for the following persons:

those elected by the people, those who declare themselves in political opposition, and leaders - male and female - of political movements and parties.

For the purposes of involvement in politics, the evaluation will take account of the specific risks facing these persons.

Risk evaluation will be defined promptly and will be the responsibility of a unit within the System that will provide input in order for the Government to take pertinent measures.

The unit will have regional and local capabilities and will include representation from the new political movement arising from the transition of the FARC-EP to legal political activity, decisions and acts being coordinated therewith.

The Government will have the necessary resources to protect the integrity of leaders, men and women, taking part in political activity, with particular attention to their specific needs.

Evaluation and follow-up:

A planning, information and monitoring system, which will be inter-institutional in nature and include representation of political movements and parties, will be set up and will make it possible to evaluate performance and results and at the same time to adapt strategy and procedures in order to guarantee conditions of security in the exercising of politics.

This system will include specific information as to risks and threats concerning the participation and the political, social and community representation of women.

Said system will be permanently accompanied by international organisations to be agreed on with the new parties or movements arising in the wake of the signature of the Final Agreement and all other political movements and parties wishing to take part.

Accountability in the form of public reports prepared by the high-level unit.

A commission will be set up to monitor and evaluate the performance of the comprehensive system for protection and Progress in the dismantling of criminal organisations and of all those that threaten the exercising of politics.

The Commission will include representation from political movements and parties.

A committee will be set up and implemented to provide impetus for investigations into crimes against those exercising politics and especially against those posing a threat to the opposition.

Security guarantees for leaders of social movements and organisations and those defending human rights

Appropriate regulations and institutions:

A review of the regulatory framework for increasing the penalties for crimes against leaders of social movements and organisations and those defending human rights.

Strengthening of investigative and judicialisation capabilities for prosecuting whoever poses a threat to leaders of social movements and organisations and those defending human rights.

Guarantees for mobilisation and social protest, including review of the regulatory framework.

Prevention:

An early warning system.

Preventive security deployment.

A coordination system.

Raising the profile of the work performed by leaders of social movements and organisations and those defending human rights.

Protection:

Strengthening the programme for individual and group protection of leaders of social movements and organisations and those defending human rights and who find themselves in a situation of risk.

The individual and group protection programme will adopt an equity- and gender-based approach.

Evaluation and follow-up:

An inter-institutional system of information and monitoring that will make it possible to evaluate performance and results, adapting strategy and procedures in order to guarantee conditions of security for leaders of social movements and organisations and those defending human rights.

The system must allow for information to be broken down by gender.

Accountability in the form of public reports, a follow-up commission and a special audit.

A committee to provide impetus for investigations into crimes against leaders of social movements and organisations and those defending human rights.

Democratic mechanisms for citizen participation, including those concerning direct participation, at various levels and in various subject areas

Guarantees for social organisations and movements

Having regard to the right of all people to form social organisations of the most varied types, to form part of such organisations and to disseminate their agendas, to freedom of expression and dissent, to pluralism and tolerance, to social or political action through protest and mobilisation, and taking account of the need for a political culture conducive to peaceful conflict resolution and of the state's obligation to guarantee deliberative and public dialogue, measures are to be adopted to guarantee the recognition, consolidation and empowerment of all social organisations and movements in accordance with their social action agendas.

The National Government will guarantee the political rights of all citizens who, as political players, are organised into social organisations and movements.

Citizen participation in matters of public interest, through the formation and consolidation of different organisations and movements, is a fundamental pillar of the construction and proper functioning of democracy.

A democratic, organised society is a prerequisite for building a stable and long-lasting peace, in particular within the context of the implementation of this Agreement.

Thus, it is important to act in such a manner as to strengthen social movements and organisations and especially to offer guarantees for their involvement and dialogue with the authorities.

In addition, on the understanding that a society in which women take an active part is a more democratic society, it

is important to strengthen their organisations and to empower them as protagonists within social movements and organisations.

All social movements and organisations, including those arising in the wake of signature of this Agreement, are called up to exercise the rights and to comply with the duties of citizen participation covered herein.

With these aims, the National Government will prepare a bill of guarantees and promotion of citizen participation and other activities that social movements and organisations can enjoy, on the basis of the following guidelines which will be discussed at national level and will include the participation of spokespersons from the most representative social movements and organisations:

A guarantee of the right to timely, free access to official information within the context of the Constitution and of the law, with such legal adaptations as may be necessary for the implementation of the agreements.

Regulation of the right to reply and the right to rectification, for the most representative social movements and organisations, against false or offensive statements made by the National Government.

Together with social movements and organisations, a characterisation of and registration of formal and non-formal social organisations, with updating of information periodically, in order to identify, without detriment to the nature or autonomy thereof, their capacities and needs and the existence of networks and alliances as a basis for the development of public policy or for the modification thereof.

Through legal and technical assistance, support for the creation and consolidation of social movements and organisations.

Notwithstanding the principle of equality, support will be given in the form of extraordinary measures to organisations of women, young people and groups historically discriminated against.

At the request of social movements and organisations, the promotion of the systematisation and exchange of successful experiences of consolidation thereof and training that enables them to develop their mission statements, with the support of other organisations and movements of a similar kind, as appropriate.

The strengthening of mechanisms for the funding of initiatives and projects specific to social organisations, through transparent public competition and with citizen oversight.

Promotion of the creation of networks of social movements and organisations, particularly of persons who have been in a situation of political exclusion, to give a higher profile to leaders and to guarantee their capacity for full dialogue with the public authorities.

Access to broadcasting mechanisms to highlight the work and the views of social movements and organisations, including airtime on public service channels and broadcasters.

Citizen participation forums will extend and guarantee, with equal participation between men and women, the representation of social movements and organisations, citizen control and dialogue with local, municipal, departmental and national authorities.

The design of methodologies that contribute to the effectiveness and impact of participation and dialogue forums, including those established in accordance with their own nature (formal or non-formal) and specific character.

Said methodologies will in particular provide mechanisms for follow-up and the rendering of accounts concerning the agreements that arise from the participation forums with social movements and organisations.

The provision of forums for monitoring and verifying compliance by the authorities with their obligations, undertakings and guarantees in terms of the establishment, functioning and efficacy of citizen participation spaces and, in particular, those concerning dialogue with social movements and organisations.

The creation of a tool that makes it possible to assess, to give a higher profile to and to encourage management of the public authorities, with respect to the participation of social movements and organisations.

Guaranteed exchange of successful experiences of citizen participation between social organisations and local and regional authorities, in accordance with the particular features specific to the various territories.

Promotion of the establishment of agendas for local, municipal, departmental and national work, as appropriate, to allow early attention to be given to the applications and proposals from the various sectors and that are made through social movements and organisations.

The local authorities must, in a timely manner, attend to such applications and proposals and must forward them to the appropriate destination in order that they can be addressed promptly and efficiently.

The National Government will take into consideration and evaluate the feasibility of additional guarantee proposals arising within the context of this national participation space at a Dialogue Commission with spokespersons from the most representative social movements and organisations chosen through a mechanism defined by the organisers.

The mechanism must be participative in nature and guarantee pluralist, balanced representation on the Commission.

We, the National Government and the FARC-EP, have agreed to request that the National Participation Council, with support from Foro por Colombia, Viva la Ciudadanía and the CINEP organise the national participative space mentioned in section 2.2.1.

After signature of the Final Agreement within the context of the Follow-Up Commission mentioned in Chapter 6, the National Government and the FARC-EP will agree criteria and guidelines for the implementation of this national participative space, with a view to guaranteeing pluralist, balanced representation on the basis of the recommendations made by Foro por Colombia, Viva la Ciudadanía and the CINEP.

The national space will be convened and will meet within 60 days of the signature of the Final Agreement.

Further to that which is stated in section 2.2.1.,

in the 60 days after the Dialogue Commission has concluded its work the Government, on the basis of the conclusions arising from the national space, will present a bill on safeguarding and promoting citizen participation and other activities that might fall within the remit of social movements and organisations.

This undertaking will be included in the accord defining the roadmap or timetable.

Guarantees for mobilisation and peaceful protest

Mobilisation and peaceful protest as forms of political action are legitimate manifestations of the right to freedom of assembly, freedom of movement, freedom of expression, freedom of conscience and opposition within a democracy.

In practice, they strengthen political inclusion and constitute a driving force behind a nation of citizens who are critical, and who are prepared to enter into social dialogue and collectively to re-build the nation.

Furthermore, in an end-of- conflict scenario, different spaces must be guaranteed for channelling citizens' demands, including full guarantees concerning demonstrations, peaceful protest and peaceful coexistence.

Alongside demonstrations and peaceful protests, the rights of those involved and of other citizens must be guaranteed.

The political and social democratisation processes, supported by greater social and popular participation, will contribute to the structural transformation of political culture and promote renewed respect for politics.

With the aim of guaranteeing that such rights can be exercised to their fullest extent, the Government will define the necessary regulatory measures and adaptations, based on the criteria given below, plus any others that are agreed within the context of the special commission, which will have similar functions to that mentioned in 2.2.1.

and which will, furthermore, rely on the participation of Dialogue Commission spokespersons and representatives from other interested sectors.

Within the context of a special commission, input from the national participative space mentioned in the previous point and also input from other sectors will be discussed:

Full guarantees concerning mobilisation and peaceful protest as part of the constitutional right to freedom of expression, peaceful assembly and opposition, favouring dialogue and civility when addressing this type of activity, without prejudice to the exercise of the legitimate authority of the state in accordance with international standards regarding the protection of the right to protest.

Guarantees for the rights of demonstrators and other citizens.

The necessary guarantees for exercising the right to freedom of information during demonstration and protest.

A review and, where necessary, an amendment of the regulations applying to mobilisation and social protest.

Guarantees concerning the application of and respect for human rights in general.

Mobilisations and protests, including disturbances, will be dealt with showing full respect for human rights by the legitimate state authorities, guaranteeing at the same time the rights of the remaining citizens in a balanced, proportional manner.

The strengthening of oversight and control of the actions and means employed by the authorities in dealing with this type of activity.

Guarantees concerning dialogue as a state response to demonstration and protest, through the establishment of dialogue mechanisms and participative spaces and, where necessary, mechanisms whereby agreements may be sought, with mobilisation and protest being addressed democratically;

furthermore, there must be mechanisms whereby compliance with what is agreed can be followed up.

Decisions must always be for the common good.

Monitoring by the Office of the Inspector General, the Office of the Ombudsman and local ombudspersons in the event of demonstrations and protests in their role as guarantors of respect for democratic freedoms, where pertinent, or at the request of those who are protesting or those who see themselves as having been affected.

Within the context of public policy concerning the strengthening, promotion and guarantee of participation on the part of social movements and organisations, the Government will consolidate and expand citizens' participative forums for dialogue and for the preparation of local, municipal, departmental and national agendas, as appropriate, which will enable the petitions and proposals originating from the various social organisations and sectors to be addressed at the earliest opportunity.

Citizen participation through community, institutional and regional media

The community, institutional and regional media must contribute to citizen participation and especially promote civic values, the acknowledgement of different ethnic and cultural identities, equality of opportunity between men and women, political3 and social inclusion, national integration and, in general, the consolidation of democracy.

Citizen participation in community media will further contribute to the building of a democratic culture based on the principles of freedom, dignity and affiliation, and to strengthening communities with links based on good neighbourliness or mutual collaboration.

In addition, in an end-of-conflict scenario, the community, institutional and regional media will play a part in the development and promotion of a culture of participation, equality and non- discrimination, peaceful coexistence, peace with social justice, and reconciliation, its content incorporating non-discriminatory values and respect for the rights of women to a life free from violence.

3 "Political inclusion" is understood to mean the greatest possible involvement on the part of all citizens in public affairs within the context of the consolidation of democracy, not political proselytism or propaganda.

To further the success of these aims, the National Government undertakes:

To launch new competitions to tender for the award of community radio stations, subject to the objective criteria established in law, with an emphasis on the zones most affected by the conflict, thereby promoting the democratisation of information and of the use of the available electromagnetic spectrum, guaranteeing pluralism in their assignment.

Participation by community organisations, including victims’ organisations, in these competitions will be promoted.

To promote the technical training of workers, both male and female, in the community and also the training and qualification of community communicators and media operators through processes that seek to advance freedom of expression and opinion.

To provide space via institutional and regional broadcasters and channels with the intention of publicising the work done by social movements and organisations, including those involving women, and by communities in general, and also the dissemination of content relating to the rights of vulnerable populations, peace with social justice, and reconciliation, thereby implementing the plans and programmes agreed within the context of this Agreement.

To fund the production and dissemination of content designed to encourage a culture of peace with social justice and reconciliation on the part of the public service and community media.

The allocation will be made by means of transparent, open competition involving citizen oversight.

Guarantees for reconciliation, coexistence, tolerance and non-stigmatisation, especially by reason of political and social action within the context of mutual respect

All citizens, including the parties to this Agreement, must, in the end-of-conflict scenario, contribute to promoting the establishment of a culture of reconciliation, coexistence, tolerance and non-stigmatisation, using respectful, dignified language and behaviour in the exercising of politics and social mobilisation, and to generate the conditions conducive to consolidating recognition and defence of the rights enshrined in the Constitution.

With this aim, the Government will set up a National Council for Reconciliation and Coexistence (Consejo Nacional para la Reconciliación y la Convivencia), which will be composed of representatives from government, the Office of the Inspector General, the Office of the Ombudsman, representatives appointed by political movements and parties, including such movement as may arise from the transition of the FARC-EP to legal political activity, social movements and organisations, particularly those involving women, the rural population, trade associations, ethnic minorities, churches, religious faiths, organisations based on faith and organisations in the religious sector, the education sector, inter alia.

The Council will have the function of advising and monitoring the Government in implementing mechanisms and actions, which are to include:

The design and implementation of a programme of reconciliation, coexistence and anti- stigmatisation, with the involvement of territorial-based bodies.

The promotion of respect for difference, criticism and political opposition.

The promotion of respect for labour in furtherance of peacebuilding and reconciliation, and different political and social movements and organisations.

The promotion of respect for the work of social and human rights organisations, particularly those monitoring government management and those opposing governmental policy.

The promotion of non-stigmatisation of groups in vulnerable circumstances or discriminated against, such as women, ethnic peoples and communities, the LGBTI population, young people, boys and girls and the elderly, disabled persons, political minorities and religious minorities.

The training of public officials and leaders, male and female alike, from social movements and organisations with a view to safeguarding non-stigmatisation.

The provision of teaching and education services concerning the Final Agreement:

the promotion of training and communication programmes aimed at educating citizens on this Agreement, especially concerning agreed designs for political and social participation.

A special dissemination programme will be set up that will be implemented through the public and private education system at all its levels.

Publicising of the Agreement will be ensured at all levels of state.

The design and implementation of mass awareness-raising campaigns to build a culture of peace, reconciliation, pluralism and free debate of ideas, with a view to consolidating democracy.

The promotion of reconciliation, coexistence and tolerance, especially in those populations most affected by the conflict, taking account of the disproportionate impact of the conflict on women.

The provision of training to social movements and organisations and also to male and female public officials in management posts at national, departmental and municipal levels, to help them address and resolve conflicts.

The creation of a university subject matter in the area of reconciliation and peace policy.

Councils for Reconciliation and Coexistence will be set up at territorial level with the aim of advising and monitoring local authorities in implementing the Agreement in such a manner as to take account of territorial peculiarities.

Citizen control and oversight

Participation by and control on the part of citizens - men and women - are essential for ensuring transparency of public management and the appropriate use of resources, and for furthering

measures aimed at combating corruption and the penetration of criminal structures into public institutions.

Citizen control is all the more necessary in an end-of-conflict and peacebuilding scenario where it will be necessary to make huge investments to accomplish the objectives of this Agreement throughout Colombia and especially in the prioritised zones.

With the aim of promoting and consolidating citizen control and democratisation with greater transparency on the part of the authorities, the National Government will:

Establish a plan to support the creation and promotion of citizen oversight and transparency watchdog organisations, with special emphasis on citizen control of the implementation of this Agreement.

The plan will be launched in collaboration with specialist organisations and higher education institutions, inter alia, which will provide monitoring and technical assistance services.

Guarantee support for the national plan to train citizen monitors selected by communities.

Create easy-access information mechanisms at local, regional and national level, with the aim of guaranteeing the publicising and transparency of implementation of this Agreement, as part of a system of rendering of accounts under the Agreement.

In the context of a special programme for eliminating and preventing corruption in the implementation of this Agreement, create a special mechanism for addressing, processing and following up reports and warnings lodged by citizens and movements and organisations concerning possible incidents of corruption in general, with emphasis on matters relating to the implementation of this Agreement.

Promote a comprehensive institutional campaign of publicising citizens' rights and the obligations and duties of the authorities in the area of participation and control of the public authorities by citizens, and also the administrative and judicial mechanisms aimed at ensuring effective compliance therewith.

Similarly, this campaign will include dissemination of all citizen control and participation mechanisms, the way in which citizens can be involved in them and their significance in terms of a genuine democratic life.

Strengthen the mechanisms for accountability of all popularly elected public servants at national, departmental and municipal level, and other public entities and companies providing domiciliary public services.

In particular, forums for dialogue within the context of the relevant participative spaces will be promoted.

Through professional practices and community intervention projects link up public universities and awareness-raising campaigns to promote citizen participation and control by citizens, both male and female.

The citizen control and oversight mechanisms envisaged will include effective participation by women.

Policy for strengthening democratic, participatory planning

The promotion of good participatory planning practices is key to consolidating democracy in Colombia, especially within the context of implementing this Agreement in the regions, which will require active, effective citizen mobilisation and involvement.

With the aim of strengthening participation in the preparation, discussion, implementation monitoring, and evaluation of the planning and budgeting processes and promoting the impact thereof on administration decisions, the National Government undertakes to carry out the following actions:

A review of the functions and composition of Territorial Planning Councils (Consejos Territoriales de Planeación), in order:

To expand citizen participation in the formulation of development plans and monitoring of the implementation and evaluation thereof.

To adopt measures aimed at encouraging the composition of the Territorial Planning Councils to guarantee broad, pluralist representation based, inter alia, on existing economic, social, cultural, environmental, educational and community organisations, alliances and networks.

It will be these bodies that will appoint their representatives in said units.

To guarantee the involvement of the Councils in the preparation, discussion, implementation monitoring, and evaluation of the Plans.

Mechanisms are to be set up for dialogue between them and the approval units.

To strengthen involvement on the part of Local Administrative Boards (Juntas Administradoras Locales) in the preparation of development plans.

To promote connections between the various formal and non-formal participatory planning units.

To make such regulatory adjustments as are necessary for the concepts, pronouncements and monitoring reports emanating from the participatory planning units to be addressed by the public authorities in dialogue and exchange forums.

To ensure that the concepts of the Territorial Planning Councils are addressed by the public authorities as a matter of priority.

To consolidate spaces for exchange and the rendering of accounts between the participatory planning units and the organisations or sectors they represent in order, inter alia, to guarantee that citizen initiatives in planning matters are addressed.

To strengthen the technical capacities of the participatory planning forums.

To promote female participation in the Territorial Councils.

The provision of technical assistance to the municipal and departmental authorities that so require, for the purposes of the participatory formulation of various planning tools.

A comprehensive, participatory review of the participation system in planning processes and, in particular, concerning:

Connections between territorial and national planning units.

The composition and functioning of the National Planning Council, with a view to guaranteeing broad, pluralist representation.

The effectiveness of the system.

The National Government will make the necessary adjustments as these emerge from the review process at all levels of the participatory system in planning processes.

Consolidation of institutional designs and methodology with the aim of facilitating citizen participation and ensuring the effectiveness thereof in terms of the formulation of public social policies such as in the areas of health, education, combating poverty and inequality, the environment and culture.

To that end, the National Government, in collaboration with the relevant sectors, will review the sector-based participatory processes and forums and will issue instructions to the respective institutions for the latter to adapt their regulations, organisation and method of operation.

The National Government will adopt measures to facilitate the effective participation of women in this scenario, including measures to make it possible to overcome obstacles concerning women's carer and reproductive roles.

Consolidation and promotion of the preparation of participatory budgets that take account of gender and women's rights at local level, with the following aims:

To promote involvement on the part of men and women in prioritising a portion of the investment budget in such a manner as to reflect the conclusions arising from the participatory planning exercises.

To provide incentives for the formulation and implementation of participatory budgets.

To promote mechanisms for monitoring and accountability in connection with the participatory budget exercises.

Effective measures to promote greater participation in national, regional and local politics in all sectors, including the most vulnerable population, under conditions of equality and with guarantees of security.

Promotion of political pluralism

With the aim of promoting political pluralism and the representative nature of the party system by extending the exercising of the right of association for political purposes and guarantees for ensuring conditions of equal involvement by political movements and parties and thereby expanding and consolidating democracy, the Government will roll out:

Measures to promote access to the political system

Within the context of the end of the conflict and with the aim of consolidating the peace, obstacles will be removed and institutional changes implemented in order that political movements and parties can acquire and retain legal status and, in particular, in order to facilitate the transition of social movements and organisations with a political role towards their establishment as political movements or parties.

To that end, the following measures will be promoted:

Freeing the gaining and retention of legal status (personería jurídica) for political movements and parties from the requirement of achieving a minimum threshold in Congress elections and, as a result, redefining the requirements for the constitution of political movements and parties.

In order to avoid the indiscriminate proliferation of political parties and movements, a minimum number of affiliates will be required in order for their legal status to be recognised.

Designing a system for the gradual acquisition of rights by political movements and parties, in accordance with their electoral performance at municipal, departmental and national level.

The new system will retain the requirements with regard to votes in elections of the Senate and/or House of Representatives in the ordinary constituencies currently in existence, for the acquisition of all rights to financing, access to resources and to register candidates for elected offices and corporations.

The system will incorporate an eight-year transition arrangement, including funding and dissemination of programmes, to promote and to stimulate the new political movements and parties of national standing that break through onto the political scene for the first time, as well as others that have had representation in Congress and have lost that representation.

Measures for promoting equal conditions in the political contest

To establish a fairer distribution of resources, measures will be taken:

To increase the percentage distributed equally between the political movements or parties represented in Congress and to increase the level of funding of political movements and parties.

To extend spaces for publicising the political programme of political movements or parties represented in Congress.

Promotion of electoral participation

With a view to promoting greater electoral participation, the National Government, together with the competent authorities, will promote the following measures:

Promotion of information, training, teaching and dissemination campaigns to stimulate electoral participation at national and regional level, with special emphasis on the promotion of greater involvement on the part of women, vulnerable populations and territories especially affected by the conflict and neglect.

Implementation of a nationwide mass ID-issuance campaign, prioritising marginalised and rural zones, particularly those most affected by the conflict and neglect, and providing measures to facilitate access to this campaign by rural women.

Support for the management arrangements offered by the electoral organisation to stimulate and to facilitate electoral participation on the part of the most vulnerable and most isolated populations (rural, marginalised, displaced persons and victims), and in particular:

Promoting a broadly participatory diagnostic exercise with a gender-based approach concerning the obstacles that face such populations in exercising the right to vote, and adopting the corresponding measures.

Adopting mechanisms to facilitate access to voting stations on the part of communities living in isolated and outlying zones.

Promotion of transparency

Measures to promote transparency in electoral processes

With a view to promoting greater electoral transparency, the National Government, together with the competent authorities, will guarantee the implementation of the following measures:

Promoting campaigns to prevent behaviour that reduces transparency in electoral processes.

Providing mechanisms for facilitating citizen reporting and setting up a system for following up on them.

Carrying out a technical audit of the electoral census, which will benefit from the effective monitoring and involvement of citizens, men and women alike, and of representatives from political movements and parties.

Setting up a national electoral guarantee tribunal and special section tribunals in electoral districts where there is the greatest risk of electoral fraud.

The electoral districts will be defined in accordance with reporting and warnings received by the electoral organisation from the authorities, citizens, non-governmental organisations specialising in the overseeing of electoral processes, and political movements and parties, inter alia.

Strengthening the capacity for investigating and punishing crimes, electoral deficiencies and criminal infiltration into political activity.

Supporting the adoption of measures to guarantee greater transparency in the funding of election campaigns.

Supporting the implementation of electronic methods in electoral processes, with guarantees of transparency.

Promoting the involvement of social organisations and movements, or any other citizens' organisation, in the monitoring and control of electoral processes.

Promoting political communication, education and training processes in public matters.

Transparency measures for allocation of government expenditure on public advertising

With a view to ensuring transparency in the allocation of government expenditure on public advertising, so that it is not used for electoral or party purposes or for personal promotion or the promotion of political projects, especially at election time, the National Government will promote the necessary regulatory adjustments in order that said expenditure, at national, departmental and municipal levels, is allocated in accordance with transparent, objective and fair criteria, likewise taking account of local and community media and communication spaces.

In addition, the regulatory framework must ensure that such expenditure is public knowledge, making this known through the publication of detailed reports.

Reform of the electoral regime and organisation

To ensure greater autonomy and independence of the organisation of elections, including the National Electoral Council (Consejo Nacional Electoral), or such institution as might act in its stead, and to modernise the electoral system and make it more transparent in order thus to provide greater guarantees for political participation under equal conditions and to improve the quality of democracy, a special electoral mission will be set up after signature of the Final Agreement.

The mission will be composed of seven high-level experts, the majority of whom shall be Colombian citizens, as follows:

one representative from the MOE (Electoral Observation Mission - Misión de Observación Electoral) and six experts to be selected from organisations, which will include the Carter Center, the Department of Political Science of the National University of Colombia, the Department of Political Science of the University of Los Andes, and the Netherlands Institute for Multiparty Democracy (NIMD).

The Mission will start its work immediately after the signature of the Final Agreement.

Within a period of six months, the Mission will submit its recommendations based, inter alia, on good national and international practices, the input received from political movements and parties and from the electoral authorities, and taking account of the specific problems faced by women vis-à-vis the electoral system.

The Mission will advance a broad-based, effective process of participation with all political parties, movements and groupings in order to obtain the broadest possible consensus in the production of the Final Report.

The National Government will use these recommendations to make such regulatory and institutional changes as are necessary.

Promotion of a democratic and participatory political culture

The strengthening of political and social participation goes hand in hand with a necessary change in political culture in Colombia.

To expand democracy and make it more robust, thereby consolidating the peace, a participatory political culture founded on respect for democratic values and principles, the acceptance of contradictions and conflicts inherent in a pluralist democracy and acknowledgement and respect for one's political opponent must be promoted.

A democratic, participatory political culture must enhance equality between citizens, a humanistic approach, solidarity and social cooperation, and provide transparent management of public affairs, outlawing cronyism and corruption.

In addition, it should foment the handling of disputes using political mechanisms, and outlaw violence as a method of political action.

Advancing towards a democratic, participatory political culture implies the promotion and safeguarding of the value and the significance of politics as a means whereby political, economic, social, environmental and cultural rights can be fulfilled.

A democratic, participatory political culture should contribute to the greater integration of the most vulnerable sectors of society.

To promote a democratic, participatory culture, the National Government will implement the following measures:

Promotion of democratic values, political participation and the mechanisms thereof, to guarantee and enhance knowledge of them and their effective use, thereby consolidating the exercising of the rights enshrined in the Constitution, doing so by means of media campaigns and training workshops.

Special emphasis will be placed on the most vulnerable populations such as rural communities, women, religious minorities, ethnic peoples and communities and LGBTI groups.

The content of these campaigns will incorporate values to challenge multiple forms of discrimination.

Stepping-up of education programmes on democracy at different levels of education.

The promotion of political and social leadership programmes for members of social organisations and parties.

A programme to promote political participation and leadership by women.

Promotion of the political representation of populations and zones particularly affected by the conflict and neglect

Within the context of the end of the conflict and with the aim of guaranteeing better integration of zones particularly affected by the conflict, neglect and institutional weakness and ensuring enhanced political representation and inclusion of these populations and their political, economic, social, cultural and environmental rights, as a further reparation measure in the peacebuilding process, the National Government undertakes to set up in such zones a total of 16

Special Transitory Peace Electoral Districts (Circunscripciones Transitorias Especiales de Paz, STPED) for the selection of a total of 16 representatives to the House of Representatives, on a temporary basis and for two electoral periods.

The Electoral Districts will be covered by special rules concerning the registration and election of candidates.

Likewise, the campaigns will benefit from special funding and access to regional media.

Special monitoring mechanisms will be set up to ensure the transparency of the electoral process and the electorate's freedom to vote.

In any event, candidates must be people who regularly live in said territories or have been displaced from them and are in the process of returning.

Candidates may be registered by significant groups of citizens or organisations in an electoral district, such as rural organisations, organisations of victims (including displaced people), and organisations of women and social sectors working to build the peace and to improve social conditions in a region, inter alia.

The National Government will launch processes to strengthen social organisations in these territories, in particular victims' organisations with a view to promoting their participation in the electoral district.

Candidates will be elected by citizens from the same territories, notwithstanding their right to take part in the election of candidates to the House of Representatives in the ordinary elections held in their departments.

Parties represented in the Congress of the Republic or with legal status, including the political party or movement that arises from the transition of the FARC-EP to legal political activity, may not register candidates for these electoral districts.

The electoral organisation will pay particular attention to monitoring the electoral census, the registration of candidates and the financing of campaigns, guaranteeing compliance with the established rules.

Additional control and supervision systems will be promoted by specialist organisations such as the Electoral Observation Mission (MOE) and the political parties and movements.

Promotion of women's political and citizen participation within the context of this Agreement

The National Government and the FARC-EP acknowledge the important role played by women in the prevention and resolution of conflicts and in the consolidation of peace, and also the need to promote and to strengthen women's political and citizen participation even more within the context of the end of the conflict.

Their leadership and participation on an equal footing are necessary and essential in terms of public decision-making processes and the formulation, implementation, evaluation and monitoring of government policies aimed at achieving a stable and long-lasting peace.

The National Government and the FARC-EP reject any form of discrimination against women and reaffirm that their contribution as political subjects in public life is vital for strengthening democracy and for maintaining and fomenting the peace.

In implementing all that which is

agreed in Chapter 2 of this Agreement, the gender-based approach will be guaranteed and the necessary affirmative measures will be designed and adopted to strengthen women's participation and leadership and, in general, to promote fulfilment of the aforesaid proposals.

The strengthening of women's political and citizen participation on an equal footing includes the adoption of measures that will guarantee balanced representation of men and women in shaping all the forums referred to herein.

Likewise, balanced participation and leadership by women within social movements and organisations and political parties must be promoted.

With the aim of raising awareness of women's rights and promoting new leadership roles for them, training programmes are to be implemented concerning their political rights and forms of political and citizen participation.

The aforesaid has no bearing on the duty to step up compliance with international undertakings and regulations and also national regulations in this area.

Creation of a new space for providing media access to political movements and parties

To supplement that which is agreed within the context of sections 2.2 and 2.3 concerning media access for social movements and organisations and political movements and parties, respectively, the Government undertakes to provide a closed institutional TV channel designed for political movements and parties with legal status for the purposes of the dissemination of their political platforms within the context of respect for ideas and difference.

This channel will also be a way in which to provide information on the work of victims’ organisations, social movements and organisations, to promote a democratic culture of peace and reconciliation and of non-discriminatory values with respect for the right of women to a life free of violence, and also to publicise progress made in terms of implementing the plans and programmes agreed with the context of this Agreement.

A commission will set up with representatives from the most representative political movements and parties and social movements and organisations to advise on scheduling for the channel.

End of the Conflict

Agreement between the National Government and the FARC-EP on the Bilateral and Definitive Ceasefire and Cessation of Hostilities and the Laying down of Arms

In implementing sub-items 1, "Bilateral and Definitive Ceasefire and Cessation of Hostilities" and 2, "Laying down of Arms" of Chapter 3, "End of the Conflict" of the "General Agreement to End the Armed Conflict and Build a Stable and Lasting Peace" signed in Havana, Cuba, on 26 August 2012, the Government of the Republic of Colombia (National Government) and the Revolutionary Armed Forces of Colombia - People's Army (FARC-EP) hereby enter into the following agreements:

In fulfilment of and under terms of that which is agreed in Chapter 2, "Political participation:

a democratic opportunity to build peace", the National Government reaffirms its commitment to the implementation of measures conducive to full political and citizen participation in all political and social sectors, including measures to guarantee citizen participation and mobilisation in matters of public interest and also measures to facilitate the formation of new political movements and parties, with due guarantees for participation under conditions of security.

Furthermore, the National Government reaffirms its commitment to that which was agreed in sections 3.4.

and 3.6.

of Chapter 3, "End of the Conflict", which include the creation of a new Comprehensive security system for the exercise of politics, in the terms agreed in Chapter 2, "Political participation", as part of a modern, qualitatively new concept of security that, within the context of the end of the conflict, is based on respect for human dignity, the promotion of and respect for human rights and the defence of democratic values, in particular the protection of the rights and freedoms of those involved in politics, especially of those who, after the end of the armed confrontation, make the transition into a political movement and must therefore be acknowledged and treated as such.

In addition, the National Government and the FARC-EP confirm their commitment to contributing to the emergence of a new culture that outlaws the use of arms in the exercise of politics and to working together to achieve a national consensus involving all political, economical and social sectors, make a commitment to the exercise of politics where the values of democracy, freedom of ideas and civilized debate are paramount and where intolerance and political persecution are outlawed.

This commitment forms part of the guarantees concerning non-recurrence of acts that contributed to the armed confrontation between Colombians for political reasons.

Lastly, the National Government and the FARC-EP commit to compliance with that which is agreed herein concerning the Bilateral and Definitive Ceasefire and Cessation of Hostilities (BDCCH) and Laying down of arms (LA), to which end a roadmap will be prepared that will contain the mutual undertakings whereby within 180 days of the signature of the Final Agreement the process of the laying down of arms will have been completed.

Introduction

Definitions

Bilateral and Definitive Ceasefire and Cessation of Hostilities (BDCCH):

The definitive end of the offensive actions between the Colombian State Armed Forces (which include both the Military Forces and the National Police) and the FARC-EP, hostilities and any behaviour prohibited under the annex to the rules governing the BDCCH.

The Bilateral and Definitive Ceasefire and Cessation of Hostilities (BDCCH) will commence on day D at hour H.

Laying down of arms (LA):

This is a technical, traceable and verifiable procedure whereby the United Nations (UN) receives all FARC-EP weaponry, which will be used to construct monuments.

Objective

The objective of this Agreement concerning the BDCCH and LA is the definitive cessation of offensive actions between the Colombian State Armed Forces (which include both the Military Forces and the National Police) and the FARC-EP and, in general, the hostilities and any action mentioned under the rules governing the BDCCH, including any conduct having an adverse effect on the general population, thereby creating the conditions for the commencement of implementation of the Final Agreement and the Laying down of arms and preparing the institutional framework and the country for the reincorporation of the FARC-EP into civilian life.

Provision of information

The National Government and the FARC-EP shall provide information gradually at the points in time agreed, in such level of detail as is appropriate, in order to facilitate the planning and implementation of:

1.

The work of the Monitoring and Verification Mechanism (MVM);

2.

Budget and logistics;

3.

Security and presence in the field;

4.

Fulfilment of tasks inherent to the BDCCH process;

5.

The Laying down of arms;

and 6.

The Reincorporation of the FARC-EP into civilian life.

Announcement and commencement of the BDCCH and LA

The National Government and the FARC-EP will make public, nationally and internationally, that which has been agreed:

"The definitive end of the offensive actions between the Colombian State Armed Forces and the FARC-EP, hostilities and any behaviour prohibited under the protocol on the rules governing the BDCCH and the LA in this agreement.

The Bilateral and Definitive Ceasefire and Cessation of Hostilities (BDCCH) and the LA process commence on day D at hour H".

Once the aforesaid announcement has been made, a reasonable timescale will be established for implementation of the MVM and for the appropriate presence in the field of the Colombian State Armed Forces and the FARC-EP.

Dissemination and communication

Upon signature of the BDCCH and LA Agreement, precise instructions will be given to the Colombian State Armed Forces and FARC-EP structures for them to implement the necessary acts for the commencement of the BDCCH and LA.

Timeline

The National Government and the FARC-EP have agreed to establish a logical order for implementation of BDCCH and LA activities.

To that end, they will implement that which is established in the annexed timeline, which takes as reference events or dates prior to or after day D and hour H.

The procedures for and the terms of implementation of this Agreement are described in the following annexes and protocols:

BDCCH and LA introduction

The provision of information

Dissemination and communication

Timeline

Rules governing the BDCCH and LA

Monitoring and Verification

Deployment of the MVM

Flow of information from the MVM

Management of strategic communications

Observation and recording of the MVM

Coordination of the MVM

Code of conduct for members of the MVM

Resolution of controversies

Mandate of the MVM

Supervision of weaponry, munitions and explosives

Presence in the field

Presence in the Field and Zones

Movement routes, coordination of movements in the field

Security

Security for members of the MMV

Security for delegates and public officials regarding the BDCCH and LA

Security for members of FARC-EP

Security for civilian population during the BDCCH and LA in the TLZNs and TLPNs

Security for movements of FARC-EP toward the TLZNs and TLPNs

Security for the TLZNs and TLPNs during the BDCCH and LA

Security for the handling, storage, transport and control of weaponry during the BDCCH and LA

Logistics.

Logistics

Laying down of arms.

Identification

Recordal

Collection

Storage

Final disposal of arms

This list of protocols may be changed as agreed between the National Government and the FARC- EP.

Rules governing the BDCCH and LA

The rules governing the BDCCH and LA are all those arising from this Agreement that seek to prevent the BDCCH and LA from being violated, either by the civilian population or by the opponents in the conflict.

The rules governing the BDCCH and LA aim to identify acts which lead to a violation of the ceasefire, and the monitoring of such acts is at the very core of the MVM's mandate.

The relevant annex, which forms an integral part of this Agreement, clearly identifies the acts that the Colombian State Armed Forces and the FARC-EP undertake not to commit.

Monitoring and verification

For the purposes of implementing this Agreement, a Monitoring and Verification Mechanism (MVM) responsible for verifying compliance therewith and the administration of various factors

that may jeopardise the BDCCH and LA, and in particular verifying compliance with the rules governing the BDCCH and LA will be set up.

The functions, procedures and scope thereof are established in the MVM mandate.

This is a flexible, efficient and rapid mechanism that will enhance the transparency and credibility of and confidence in the BDCCH implementation process.

The international component of the MVM (IC-MVM) will verify the LA under the terms of and with the due guarantees established in the protocols to the Agreement.

It has a structure composed of three units, one at national level;

eight (08) regional verification structures;

and local monitoring structures established in specific areas.

The MVM will be a tripartite technical mechanism composed of representatives from the National Government (Colombian State Armed Forces, which include both the Military Forces and the National Police), the FARC-EP, and an international component comprising a political mission with unarmed UN observers made up principally of observers from the member states of the Community of Latin American and Caribbean States (CELAC).

In all units, the international component leads the MVM and is responsible for settling disputes, submitting recommendations and generating reports, in accordance with the guidelines given to it in order to guarantee and support the impartiality and transparency of the BDCCH and LA.

The number of monitoring teams will depend on the following criteria:

areas, number of people and weaponry to be monitored, and topography and risk factors in each zone specified for said purpose.

The MVM will establish links with social and political organisations and with communities, and also with state institutions at local, regional and national level and these may contribute to its work by providing information, by assisting in the dissemination of its reports to the public at large and by submitting proposals and suggestions.

Resolution of disputes for the BDCCH and LA

Regional units and the National Verification unit are responsible for confirming and verifying incidents involving or violations of this BDCCH and LA Agreement in accordance with information documented by monitoring teams and also submitting recommendations to the National Government and the FARC-EP, with a view to preventing or correcting acts or facts detrimental to the BDCCH and LA.

Deployment of units in the field and Zones

For the purposes of compliance with the BDCCH and LA Agreement and also to further preparations for the process of economic, political and social reincorporation of the FARC-EP into

civilian life in accordance with its interests, as stated in sub-item 2 of Item 3 of the General Agreement to End the Armed Conflict and Build a Stable and Lasting Peace, the National Government and the FARC-EP agree to set up 20 Transitional Local Zones for Normalisation (Zonas Veredales Transitorias de Normalización - TLZNs), and seven Transitional Local Points for Normalisation (Puntos Veredales Transitorios de Normalización - TLPNs).

From day D+1, the Colombian State Armed Forces will reorganise the arrangements of troops in order to facilitate the movement of the FARC-EP structures to said zones and to comply with the BDCCH and LA Agreement.

Meanwhile, from day D+5, the various missions, commissions and Tactical Combat Units (TCUs) on the FARC-EP fronts will move towards said previously agreed TLZNs and TLPNs following the itineraries established by mutual agreement between the National Government and the FARC- EP.

All the aforesaid will be monitored and verified by the MVM in accordance with the mandate for said mechanism, the text of this Agreement and the protocols agreed by the National Government and the FARC-EP.

Transitional Local Zones for Normalisation (TLZNs)

These aim to guarantee the BDCCH and LA and to initiate the preparatory process for the economic, political and social reincorporation of the FARC-EP structures into civilian life in accordance with their interests, as established in Item 3, sub-item 2, of the General Agreement, and the transition to legal status.

These Zones are transitional, temporary and territorial-based, and are defined, delimited and pre-agreed by the National Government and the FARC-EP, with monitoring and verification by the MVM which will have local monitoring teams for each of said TLZNs.

The TLZNs are in locations selected by mutual agreement and are accessible via road or river;

their boundaries correspond to those of the rural settlement (vereda) where they are located, and they may be extended or reduced by mutual agreement, depending on the size of the settlement where they are located.

They are of a reasonable size to allow monitoring and verification by the MVM and compliance with the objectives of the TLZNs, geographical features or characteristics of the terrain serving as references.

In implementation of the BDCCH and LA agreement, the Colombian State Armed Forces and the FARC-EP alike must comply with the rules governing the BDCCH and LA and also other chapters of and protocols to the BDCCH and LA Agreement.

The MVM has unlimited access to the TLZNs stipulated in Annex X to this agreement and to units of the Colombian State Armed Forces seconded for the arrangements stipulated in Annex Y to this Agreement.

To guarantee compliance with this Agreement, ongoing communication shall be set up between the MVM and the delegates appointed by the National Government and the FARC-EP.

Whilst the TLZNs are in operation, the FARC-EP will be answerable for their combatants inside those Zones.

FARC-EP combatants shall leave the camps unarmed and in civilian clothing.

Once FARC-EP members are in the TLZNs, the National Government will suspend orders to capture all members of the FARC-EP found inside said the said Zones, after delivery from the FARC-EP of a list of their members present in each TLZN.

Members of the FARC-EP who, under the Amnesty Law, have benefited from release from prison will, if they so desire, be integrated in said Zones in order to continue the process of reincorporation into civilian life.

To this end, accommodation outside of the camps shall be organised inside the TLZNs.

During the term of the BDCCH and LV agreement, the FARC-EP will appoint a group of 60 of their members (men and women) who can, at national level, be mobilised to fulfil tasks in connection with the Peace Accord.

Likewise, for each TLZN, the FARC-EP will appoint a group of 10 of their members who, at municipal and departmental level, can be mobilised to fulfil tasks in connection with the Peace Accord.

For the purposes of these movements, FARC-EP members will benefit from the security measures granted by the National Government, for which purpose there will be two protection teams per Zone to cover such movements.

Departures from the Zones will be the joint responsibility of FARC-EP commanders.

The FARC-EP members appointed for the tasks mentioned in the above paragraph must previously have stored their weapons in containers subject to IC-MVM verification.

Any FARC-EP member wishing to leave a TLZN to receive emergency medical attention or specialist medical treatment not available within a TLZN must also store any weapons in containers.

The National Government and the FARC-EP are committed to this Agreement being implemented without limiting in any way the normal functioning of the non-armed civilian authorities, of economic, political and social activity in the regions, of life in communities, in the exercising of their rights and also in those of such communal, social and political organisations as are present across the country's territories.

Full effectiveness of the rule of law within the TLZNs is guaranteed and for that purpose the functioning of the civilian authorities will be maintained without restriction.

The (non-armed) civilian authorities present in the Zones will remain and will continue to carry on their functions therein, notwithstanding that which is agreed in the BDCCH.

The TLZNs may not be used for political demonstrations.

The non-armed civilian authorities may enter the TLZNs without restriction on a permanent basis, except the area of the camps where the FARC-EP structures are located.

Each TLZN has a reception area for attending to any persons who might arrive.

No members of the civilian population may be present in said camps or enter said camps at any time.

For the duration of the TLZNs, permission for the civilian population within them to carry and possess weapons is suspended.

The MVM is tasked with monitoring and verifying compliance with the protocols agreed by the National Government and the FARC-EP for the TLZNs and units of the Colombian State Armed Forces seconded for the arrangements stipulated in Annex Y to this Agreement.

Should any act be committed or circumstance arise within a TLZN that requires the presence of the National Police, or any other armed authority of the state, the MVM will be informed in order that it might coordinate entry in accordance with the protocols agreed by the National Government and the FARC-EP.

The number of camps within each TLZN agreed by the National Government and the FARC-EP is determined by the conditions of the terrain and the number of combatants within it.

In any event, camps will be located such that the MVM is able to fulfil its function of monitoring and verifying the BDCCH and LA agreement.

In implementing the preparatory process for the reincorporation of its combatants into civilian life, the FARC-EP may, in coordination with the National Government, provide FARC-EP members within the TLZNs with any type of training in productive tasks and with instruction to raise their basic primary, secondary or technical level of education, in accordance with their own interests.

Meanwhile, within the TLZNs, the National Government, in agreement with the FARC-EP, will implement measures and activities in preparation for reincorporation and also other activities that are necessary to facilitate the transition of the FARC-EP to legal status and to guarantee well- being in the TLZNs, which may include, inter alia, health services, ID-issuance days, and other activities in preparation for reincorporation.

The MVM will set up a local headquarters for each TLZN in a location that enables it to fulfil its functions efficiently and effectively.

Security Zone

A Security Zone will be established around each TLZN where there may be no units of the Colombian State Armed Forces (which include both the Military Forces and the National Police) or FARC-EP operatives, with the exception of monitoring and verification teams accompanied by police security when circumstances so require.

Each police intervention, other than in connection with the MVM, required in a Security Zone must be coordinated in advance with the MVM and in accordance with the protocols agreed between the National Government and the FARC-EP.

The width of the Security Zone around each TLZN is one kilometre.

The establishment of Camp Zones and movement routes

The TLZNs are listed in Annex X1 to this Agreement.

Units of the Colombian State Armed Forces subject to monitoring and verification by the MVM are listed in Annex Y to this Agreement.

Commencement of movement

On day D+1, a delegate from the National Government and a delegate from the FARC-EP will deliver the coordinates of the location of units of the Colombian State Armed Forces and of the FARC-EP to the IC-MVM in order for the necessary measures to be adopted to allow movement of the FARC-EP structures to the TLZNs in a safe and secure manner under MVM monitoring and verification.

Such movements may be accompanied by the MVM if the National Government and the FARC- EP so wish.

Airspace

From day D, the use of airspace will be as follows:

Over the TLZNs and Security Zones military flights will be restricted to an altitude of 5,000 feet.

In the event of any accident, public catastrophe or medical emergency, civilian aircraft may fly in these areas subject to MVM coordination with the National Government and the FARC-EP.

Security

That security is an overarching obligation of the BDCCH and LA is a given founded on the principles of respect for life and human dignity, and the National Government and the FARC-EP have together defined security protocols that comprehensively minimise potential threats that might affect or harm persons and assets under the BDCCH and LA.

The security conditions implemented from commencement of the BDCCH and LA guarantee protection for members of the monitoring and verification team, members of the FARC-EP, delegates from National Government, the Colombian State Armed Forces (which include both the Military Forces and the National Police) and other parties involved in the process.

Also covered is the coordination of movements and arrangements in the field.

Security in the case of FARC-EP weaponry, munitions and explosives during the BDCCH and LA forms part of the implementation of security protocols covering transportation, handling, storage and control thereof.

The BDCCH and LA security measures require of the state the necessary capacity to guarantee security and effective implementation of the activities involved in this process and to prevent, break down and eliminate any circumstance that might jeopardise it.

The BDCCH and LA security measures likewise require of the FARC-EP the fulfilment of aspects concerning them.

Likewise, through the Colombian State Armed Forces, the National Government will continue to safeguard conditions promoting the coexistence and security of the civilian population during this process.

The security protocols agreed are based on a concept of security in which people and communities are its central focus and rely on comprehensive, appropriate prevention of threats whereby any risks that might affect BDCCH and LA undertakings might be mitigated.

To assist in implementation of security measures in the BDCCH and LA, the following protocols have been jointly drawn up to create a climate of security and trust amongst those involved in this process:

Security for members of the MMV

Security for delegates and public officials regarding the BDCCH and LA

Security for members of FARC-EP

Security for civilian population during the BDCCH and LA in the TLZNs and TLPNs

Security for movements of FARC-EP toward the TLZNs and TLPNs

Security for the TLZNs and TLPNs during the BDCCH and LA

Security for the handling, storage, transport and control of weaponry during the BDCCH and LA

Logistics

This covers all elements designed to meet the specific needs identified between the National Government and the FARC-EP in terms of fulfilment of all aspects relating to the BDCCH and LA Agreement.

Locally, the MVM has a logistics section coordinated by a member of the international component.

This tripartite section of the local unit is responsible for defining aspects concerning the logistics necessary for the functioning of the TLZNs;

in addition, it is responsible for guaranteeing appropriate and timely arrival of supplies to such zones.

Protocols under this heading specify in detail the criteria identified and commitments made concerning each step in the logistical supply process.

Laying down of arms (LA):

This is a technical, traceable and verifiable procedure whereby the UN receives all FARC-EP weaponry and channels it to the construction of three monuments, approved by the National Government and the FARC-EP.

The LA by the FARC-EP is an organised, traceable and verifiable process taking place in two stages, called Control of Weaponry and Laying down of Arms, which involve the following technical procedures:

recordal, identification, monitoring and verification of the possession, collection, storage, removal and final disposal.

Recordal:

this is the technical procedure of recording the amount and type of weapons received from the FARC-EP by the IC-MVM.

Identification:

this is the technical procedure allowing classification of the FARC-EP’s arms by the IC-MVM.

This procedure involves only the individual arms carried by FARC-EP members inside the camps.

Monitoring and verification of possession:

each FARC-EP member remaining in the Zones carries an individual arm within the camp.

The IC-MVM monitors and verifies possession of this weaponry on the basis of recordal and identification by the IC-MVM.

There are IC-MVM representatives inside the camps on a permanent basis.

Collection:

this is understood as the technical procedure whereby the IC-MVM receives all the FARC-EP arms in accordance with the procedures detailed herein.

Storage of weaponry:

in each Zone, inside one of the camps, there is a point for storing the weaponry received by the IC-MVM in dedicated containers.

This location may be accessed only by the IC-MVM, which carries out ongoing monitoring and verification.

Removal of weaponry:

this technical procedure, under the responsibility of the UN, consists in the physical removal of weaponry from the Zones.

The location of this weaponry will be determined between the National Government and the FARC-EP, in conjunction with the UN, and will be channelled to the construction of three monuments.

Final disposal of weaponry:

this is understood as the technical procedure whereby FARC-EP arms are used to construct three monuments, namely:

one at United Nations headquarters, another in the Republic of Cuba, and another in Colombia at a location to be determined by the political organisation that emerges from the transformation of the FARC-EP, in agreement with the National Government.

3.1.7.1.

Procedure

Signature of the Final Agreement will initiate the process of the Laying down of Arms by the FARC- EP, as follows:

For the purposes of planning and preparing the logistical aspects of the LA, from day D+5 the FARC-EP will provide the IC-MVM with such information as the latter deems to be necessary for the transport, recordal, identification, monitoring and verification of possession, collection, storage, removal and final disposal.

The FARC-EP will contribute in various ways, including the supply of information, with the clearing and decontamination of areas where there are anti-personnel mines (APMs), improvised explosive devices (IEDs), and unexploded ordnance (UXO) or explosive remnants of war (ERW) in general, taking into account that agreed in Chapters 4 and 5 and the item relating to Reincorporation into civilian life in connection with FARC-EP involvement in mine clearance.

Day D+5 sees the start of movement of FARC-EP units to the TLZNs and the transport of individual weaponry.

The MVM will monitor and verify this procedure.

Day D+7 to day D+30 will be the period for transporting individual weapons, militia weaponry, grenades and munitions by FARC-EP members towards the TLZNs, in accordance with the security protocol for the transport of weaponry.

The MVM will monitor and verify this procedure.

On arrival of FARC-EP members at the Zones the IC-MVM will commence the procedure for:

recordal and storage in dedicated containers of individual weapons from the FARC-EP members who are leaving to fulfil peace-process tasks and the FARC-EP members seconded to the MVM.

Likewise, the IC-MVM will begin monitoring and control of possession of individual weapons by the FARC-EP members remaining inside the camps, on the basis of recordal and identification of such weapons.

Individual weapons, grenades and munitions entering the camps, including militia weapons, will remain in temporary weapon stores under the responsibility of the FARC-EP until day D+60 when they will be stored in dedicated containers.

This procedure will be monitored and verified by the IC-MVM.

To ensure effective control of weaponry in each Zone, there will be a single storage point within one of the camps where the containers under ongoing monitoring and verification by the IC- MVM are located, in accordance with the protocols between the National Government and the FARC-EP.

The period from day D+10 to day D+60 will see the destruction of unstable weaponry kept in dumps (caches) previously located by geo-referencing, in fulfilment of the security protocols defined for this purpose.

The IC-MVM will confirm the implementation of this procedure.

The collection of individual weaponry still in the possession of members of the FARC-EP inside the camps in the Zones and its storage in containers will take place sequentially and in three phases, as follows:

Phase 1 - D+90, 30%;

Phase 2 - D+120, 30%;

and Phase 3 - D+150, the remaining 40%.

This will be in accordance with the roadmap (timeline of events) agreed by the

National Government and the FARC-EP that will guide the process of Ending the Conflict after signature of the Final Agreement.

When the weaponry has been deposited (day D+150), the United Nations will complete the process of removing the weapons no later than day D+180, in accordance with the agreed procedures, and will certify fulfilment of this process by means of an announcement to the National Government and to the general public.

Day D+180 will mark the end of the period of operation of these Zones and the Bilateral and Definitive Ceasefire and Cessation of Hostilities.

The MVM will confirm and notify each one of the phases of the above procedure for the laying- down of arms.

Reincorporation of the FARC-EP into civilian life – in economic, social and political matters – in accordance with its interests

The delegates of the Government of the Republic of Colombia (the National Government) and the Revolutionary Armed Forces of Colombia – People’s Army consider that:

Laying the foundations for building a stable and long-lasting peace requires the effective reincorporation of the FARC-EP into the social, economic and political life of the country.

The process of reincorporation confirms the commitment of the FARC-EP to contribute to the end of the armed conflict, become a legal political entity and decisively contribute to the consolidation of the national reconciliation, peaceful co-existence and guarantees of non-recurrence, and to transform the conditions that allowed violence across the country’s territories to arise and persist.

For the FARC-EP, this is an indication of trust in Colombian society and in particular in the state, insofar as it is expected that all the agreements reached in the set of agreements that form the Final Agreement shall be effectively implemented under the terms agreed.

The reincorporation into civilian life shall be a comprehensive, sustainable process of an exceptional and transitory nature which takes into account the interests of the community of the FARC-EP, its members and their families, aimed at strengthening the social fabric across the country’s territories as well as coexistence and reconciliation among the inhabitants;

furthermore, it is aimed at developing and deploying socially productive activities and local democracy.

The reincorporation of the FARC-EP is based on the recognition of individual freedoms and free exercise of the individual rights of all those who are currently members of the FARC-EP and in the process of reincorporation.

The reincorporation provided for in this agreement shall be complementary to the agreements already made.

Every component of the reincorporation process shall have an equity-based approach, with a particular emphasis on women’s rights.

In accordance with what has been established in the Agreement on the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, SJP), with respect to those persons who belong to rebel

organisations that have signed a peace agreement with the Government, for the purposes of reincorporation, the sentences resulting from crimes that are the jurisdiction of the Tribunal for Peace (Tribunal para la Paz) imposed by ordinary or disciplinary courts shall remain with suspensive effect, until these sentences have been processed by the Special Jurisdiction for Peace as regards its jurisdiction.

Political reincorporation

The transition of the FARC-EP from an armed organisation to a new legal political movement or party, which benefits from rights and complies with the obligations and duties inherent to constitutional order, is an essential condition for ending the armed conflict, building a stable and long-lasting peace and, in general, for strengthening democracy in Colombia.

To that end, the necessary guarantees and conditions shall be adopted to facilitate the creation and functioning of the new party or political movement that emerges from the transition of the FARC-EP to legal political activity, after the signing of the Final Agreement and the laying down of arms.

In view of all the foregoing and as a development of the political component of the reincorporation of the FARC-EP into civilian life, in accordance with its interests, as covered in the General Agreement, the following special rules are agreed:

Guarantees for the new political movement or party

Legal status

Upon signing the Final Agreement, the National Electoral Council (Consejo Nacional Electoral) will process the registration application submitted by the political group of citizens in full exercise of their rights, which has the aim of promoting the creation of the future political movement or party that emerges from the transition of the FARC-EP to legal political life.

When the process for the laying down of arms has been finalized, the plenipotentiaries of the FARC-EP at the Negotiation Table (Mesa de Conversaciones) shall formally declare and register at the National Electoral Council the decision to transform into a political movement or party, the act of constitution, its regulations, the ethics code, the ideological platform and the appointment of its officers.

By virtue of this formal act, the political movement or party, with the name that it adopts, shall be recognised for all purposes and under equal conditions, as a political movement or party with legal status (personería jurídica), and the National Government shall process in advance any legislative reforms that may be required.

The political movement or party thus recognised must comply with the requirements for preservation of legal status and shall be subject to the grounds for loss thereof as provided for other political movements and parties in accordance with the Constitution and the law, except for accreditation of a certain number of members, presentation at political contests and the obtaining of a minimum voting threshold, during the period of time between its date of registration and 19 July 2026.

Funding and technical assistance

Operation

As a measure to facilitate the transition of the FARC-EP to legal political activity, the political movement or party that it forms shall receive an annual allowance, between its date of registration and 19 July 2026, equivalent to the average received by the political parties or movements with legal status for their operation in the elections prior to the signing of the Final Agreement.

These resources will be used in accordance with the rules applying to all political parties and movements.

Moreover, in order to contribute to the financing of the Centre for political thought and education (3.2.2.2) and the disclosure and dissemination of its ideological and programmatic platform, it shall be assigned a sum equivalent to 7% of the annual budget allocation for the operation of political movements and parties between its date of registration and 19 July 2022.

The above sums shall not affect the amount to be distributed by the Fund to the other political movements and parties with legal status.

The Government shall promote that international cooperation is used to support, with the required guarantees of transparency, the development of the infrastructure necessary for the constitution and initial functioning of the new political movement or party that emerges from the transition of the FARC-EP to legal political activity and for the training of its leaders.

Resources from international cooperation may not be used for electoral campaigns.

Election campaigns

The campaigns of the candidates for the Presidency and the Senate of the Republic registered by the political movement or party that emerges from the transition of the FARC-EP to legal political activity, to participate in the elections in 2018 and 2022, shall be funded predominantly by the state in accordance with the following rules:

i) In the case of presidential campaigns, the appropriate state funding shall be granted to candidates that meet the requirements of the law, in accordance with the provisions applicable to said campaigns;

ii) In the case of Senate campaigns, candidates shall receive anticipated state funding equivalent to 10% of the expenses limit fixed by the electoral authority;

iii) the above state funding shall not be subject to reimbursement, provided that the funds allocated have been used for the purposes established by law.

Access to media

The political movement or party that emerges from the transition of the FARC-EP to legal political activity shall have access to space on media under the same conditions as other political movements and parties with legal status, in accordance with the application of the regulations in force.

Security

The new political movement and its leaders and members shall have special security guarantees within the framework of the Comprehensive Security System for the Exercise of Politics (Sistema Integral de Seguridad para el Ejercicio de la Política) agreed under section 2.1.2.1.,

as well as the guarantees agreed under section 3.4.

Political representation

Congress of the Republic

After the signing of the Final Agreement and the laying down of arms by the FARC-EP, and in order to facilitate its transition to legal political activity and to ensure a situation to promote its ideological platform, the National Government shall put in place the constitutional and legal reforms necessary to ensure, on a temporary basis, the political representation in the Congress of the Republic of the new political movement or party, during two constitutional periods as from 20 July 2018:

It may register single lists of its own candidates or in coalition with other political movements and/or parties with legal status, for the ordinary electoral district for the Senate of the Republic and for each of the ordinary territorial-based electoral districts in which the House of Representatives is elected.

These lists shall compete under equal conditions in accordance with the ordinary rules for all of the seats elected in each electoral district.

In the Senate, a minimum of 5 seats shall be guaranteed, including those obtained in accordance with the ordinary rules.

In the House of Representatives, a minimum of 5 seats shall be guaranteed, including those obtained in accordance with the ordinary rules.

For this purpose, in the House of Representatives, a seat shall be assigned to each of the 5 lists that obtain the most votes and have not obtained a seat.

From the entry into force of the Final Agreement, the political group formed with the object of promoting the creation of the future political movement or party that emerges from the transition of the FARC-EP to legal political life shall appoint 3 spokespeople in each of the chambers (Senate and House of Representatives), who must be citizens in full exercise of their rights, exclusively so that they can participate in debates on the legal or constitutional reform bills dealt with by means of the Special Legislative Process for Peace that is the subject of Legislative Act 01 of 2016.

These spokespeople must be called to all sessions in which the corresponding draft legislative acts or laws are discussed and may intervene with the same powers as the Congressmen and -women during the legislative procedure, apart from the vote.

The requirements for carrying out their work shall be defined in conjunction with the Ministry of the Interior.

Participation in the National Electoral Council

The political movement or party that emerges from the transition of the FARC-EP to legal political activity may appoint, on a temporary basis, a delegate before the National Electoral Council, who will have a voice but not a vote and may participate in the deliberations of that body.

Reforms for the democratic opportunity to build peace

The implementation of the reforms decided in the Agreement on “Political participation:

A democratic opportunity to build peace” constitutes an essential condition for ensuring a sustainable process of reincorporation of the FARC-EP into civilian life in political matters.

Within the process established in Legislative Act 01 of 2016, priority shall be given to the presentation and approval of the Statute of Opposition and the reform of the electoral system.

Economic and social reincorporation

Organisation for economic and social collective reincorporation

In order to promote a process of economic collective reincorporation, the FARC-EP shall set up a joint social and economic solidary organisation called Social Economies of the Common (Economías Sociales del Común, ECOMÚN).

This entity, which will be subject to the rules currently in force for organisations of this type, shall cover the entire country and may have territorial- based sections.

The current members of the FARC-EP may join this entity on a voluntary basis.

The Government shall facilitate the legal formalisation of ECOMÚN by providing funding for legal and technical advice and defining an expedited and extraordinary procedure for its constitution.

Within the framework of the National Reincorporation Council, guidelines will be established to guarantee the coordination of the work of ECOMÚN with the various competent authorities.

Centre for political thought and education

The political group of citizens in full exercise of their rights, which has the aim of promoting the creation of the future political movement or party that emerges from the transition of the FARC- EP to legal political activity shall establish a centre for political thought and education, as a not- for-profit institution, for the purpose of advancing social studies and research and designing and advancing political education programs.

To that end, agreements may be made with public and private entities and international cooperation.

Institutional organisation - National Reincorporation Council (Consejo National de Reincorporación, NRC)

The National Reincorporation Council (NRC) shall be created, comprising two (2) members of the Government and two (2) members of the FARC-EP, in order to define the activities, establish the timeline and monitor the reincorporation process, in accordance with the terms agreed with the Government.

There will likewise be peer Territorial Reincorporation Councils under the terms

and conditions and with the functions defined by the NRC.

These Councils shall be set up when the Final Agreement is signed.

The NRC may call upon institutions, social organisations or international bodies in carrying out its functions.

Accreditation and transition to legal status

After the Transitional Local Zones for Normalisation (Zonas Veredales Transitorias de Normalización, TLZNs) and the Transitional Local Points for Normalisation (Puntos Transitorios de Normalización, TLPNs) have been set up, the FARC-EP, via a delegate expressly appointed for that purpose, shall submit to the National Government a list of all of the members of the FARC-EP.

This list shall be received and accepted by the National Government in good faith, in accordance with the principle of legitimate expectations, notwithstand the corresponding verifications.

In drawing up this list, the FARC-EP shall be responsible for the veracity and accuracy of the information contained therein.

The Government shall provide the necessary conditions for drawing up the lists in prisons and shall provide the information at its disposal at the various institutions of the state.

For the purposes of accreditation, once the FARC-EP has submitted the list of all members which make up its organisation, including the militias, the National Government shall begin the process of reviewing and corroborating the information contained therein.

It shall present its observations to the FARC-EP and if they are not taken into account a joint discrepancy resolution mechanism shall be established for reviewing these cases, within the framework of the Commission for Monitoring, Promoting and Verifying the Implementation of the Final Agreement (CMPVI).

The foregoing is without prejudice to the acceptance of other people included on the list in relation to whom observations were not presented.

An expedite procedure will be established for accreditation and transition to legality for non- armed members of the FARC-EP.

The persons accredited will have their judicial status defined by being granted a pardon through the legal instruments in force if the Amnesty Law is not yet in force.

They will be released, albeit at the disposal of the SJP, if they are accused of crimes that may not be subject to amnesty under the Amnesty Law agreed to in the Final Agreement.

All the provisions established in the "Agreement of 20 August 2016" that are favourable to them will be applied to them to facilitate the implementation of the timetable for the process of laying down of arms under the Agreement of 23 June 2016.

As a result of the commitment by the FARC-EP to end the conflict, lay down arms, not return to using arms, comply with the agreements and make the transition to civilian life, once the members of the FARC-EP have laid down arms and confirmed the commitment of the organisation, they shall receive their respective accreditation from the National Government on the basis of the list submitted by the FARC-EP.

Accreditation shall be granted on the basis of the roadmap agreed by the Government and the FARC-EP for the transition of the members of the FARC-EP to legal status.

The National Government shall receive and accept the definitive list, by means of a formal administrative act, no later than day D+180, notwithstanding the previous accreditations to be made in compliance with the roadmap agreed for that purpose, for subsequent accreditations in accordance with that which is agreed within the framework of the SJP.

Under exceptional circumstances and with prior justification, the FARC-EP shall include persons on the list or exclude them from it.

The names included shall be subject to verification by the National Government.

The final list shall include all of the members of the FARC-EP whether or not they are deprived of their liberty.

This accreditation shall be necessary in order to access the measures agreed for the FARC-EP in the Final Agreement, notwithstanding that which was established in the agreement creating the Special Jurisdiction for Peace.

In any case, access to reincorporation measures demands a commitment to responsibility with regard to the Agreements and their goals.

Rights and duties within the framework of the process of reincorporation will be set out in detail by the National Reincorporation Council.

Reincorporation for minors who have left the FARC-EP camps

Minors who have left the camps of the FARC-EP since the beginning of the peace talks as well as those who leave during the process of the laying down of arms shall be the subject of special care and protection measures which will be discussed in the National Reincorporation Council within the framework of the Commission for Monitoring, Promoting and Verifying the Implementation of the Final Agreement (CMPVI) and which will include the guiding principles that will apply to minors and the guidelines for drawing up the Special Programme in accordance with what is established in Joint Communiqué No.

70 of 15 May 2016 to ensure restitution of their rights with an equity-based approach, prioritising their access to healthcare and education.

These minors will be accorded all the rights, benefits and allowances established for the victims of the conflict as well as those deriving from their process of reincorporation in the terms contemplated in this Final Agreement and priority will be given to family reunification wherever possible, and to final placement in homes in their original communities or others of a similar nature, whilst at all times taking into account the best interests of the child.

Follow-up of these programs shall be conducted by the National Reincorporation Council to coordinate with the competent state bodies, with the support of social or specialist organisations charged with carrying out oversight in the terms of Joint Communiqué No.

70.

The Special Reincorporation Programme for minors must be prepared by the National Reincorporation Council within a maximum of 15 days from when the Final Agreement is signed, based on the proposal submitted by the technical committee created by means of Joint Communiqué No.

70.

When the programme has been approved, the National Government will process the amendments to the rules necessary to guarantee their implementation, always taking into account the best interests of the child and International Humanitarian Law.

The programme must guarantee the full reincorporation of the minor and his or her psycho-social accompaniment, with the oversight of social or specialist organisations in the terms set out in

Joint Communiqué No.

70, as well as the location of minors at temporary reception sites in municipalities near the TLZNs, guaranteeing the right to information for all participants, particularly children and adolescents.

Identification of needs for the process of economic and social reincorporation

Socioeconomic census:

Within sixty (60) days following the start of the TLZN, a socioeconomic census shall be conducted for the purpose of providing the information required to facilitate the process of comprehensive reincorporation of the FARC-EP into civilian life as a community and as individuals.

The NRC shall define the content of the census, the way in which it is conducted and the safekeeping and proper use of the information.

The National University of Colombia (Universidad Nacional de Colombia) shall be responsible for conducting the census.

Identification of sustainable socially productive projects and programs

On the basis of the results obtained from the census, potential socially productive projects and programs will be identified so as to bring together the greatest number possible of men and women who are currently members of the FARC-EP.

Participation in programs and projects for environmental protection and humanitarian de-mining shall merit particular attention.

Development and implementation of sustainable socially productive projects and programs

Every member of the FARC-EP in the process of reincorporation will have the right to one-time economic support to start an individual or collective socially productive project, in the sum of 8 million Colombian pesos.

Programs and projects with ECOMÚN

As a one-off, a Fund shall be set up via ECOMÚN for the implementation of production and service projects for the economic and social reincorporation process, the viability of which shall be previously checked by the NRC.

The funds corresponding to people who decide to participate in collective projects (see paragraph c. of section 3.2.2.6) through ECOMÚN, that have been identified and had their viability checked shall be transferred by the National Government to ECOMÚN, no later than thirty (30) days after each project has been deemed viable.

The value of the fund shall depend on the total number of allowances for the current members of the FARC- EP that have selected this option.

In any case, ECOMÚN will submit to the NRC regular performance reports on resources coming from the state.

Individual projects

The members of the FARC-EP in the process of reincorporation who wish to start socially productive or housing projects on an individual basis, the viability of which has been checked by the NRC, shall be allocated the one-off sum indicated above by the National Government.

Guarantees for a sustainable social and economic reincorporation

Basic income

Every man or woman who is currently a member of the FARC-EP, from the end of the TLZNs and for twenty-four (24) months, shall receive a monthly basic income equivalent to 90% of the Minimum Monthly Legal Wage (Salario Mínimo Mensual Legal Vigente, MMLW), provided that they do not have a contractual relationship that generates income for them.

After this date, a monthly allowance shall be granted in accordance with the regulations issued for this effect and which is not less than that which has been in force, provided that the beneficiary confirms that he/she has continued his/her education in line with the reincorporation aims.

For the foregoing, the Government shall set up a trust fund.

For its part, ECOMÚN shall provide its members with advice and assistance in the process of selecting educational institutions.

One-off normalisation allowance

Every man or woman who is currently a member of the FARC-EP shall receive, at the end of the TLZN, a one-off normalisation allowance equivalent to 2 million Colombian pesos.

Social security

The sums corresponding to the social security payments in terms of healthcare and pensions in accordance with the regulations in force for people who are not engaged in remunerated activities shall be guaranteed by the National Government, who will set up a trust fund for performance of the payments for 24 months.

ECOMÚN, for its part, shall advise its members on the selection of social security institutions that provide these services.

In exceptional circumstances, in cases of serious, high-cost illnesses and the rehabilitation of injuries deriving from the conflict, the Government will establish a special system with national and international cooperation, within the framework of the NRC, to attend to them for 36 months.

Social programmes or plans

In accordance with the results of the socioeconomic census, the plans or programmes necessary to safeguard the fundamental and basic rights of the population that is the subject of the present agreement shall be identified, such as rights to:

formal education (primary and secondary, technical and technological, university) and education for work and human development, as well as validation and standardisation of knowledge and skills;

housing;

culture, recreation and sport;

environmental protection and regeneration;

psychosocial support;

reunification of family units and extended families and elderly persons, including measures for the protection and care of children of members of the FARC-EP in the process of reincorporation.

The acts and measures that can initiate implementation of each of these programs shall be defined at the start of the process of the laying down of arms in the TLZN.

Programmes of this nature shall be safeguarded by the National Government under the terms and for the duration defined by the NRC.

The above is without prejudice to state programmes intended for the full reparation of victims of the conflict.

To ensure their effective implementation and deployment in the country's territories, the start-up of the said programmes will be based on the institutional resources available to the National Government and the Colombian State agencies competent for this purpose, without prejudice to access to other legal resources.

The identification of projects and mechanisms enabling access to housing, including self-build projects, shall merit priority treatment and shall benefit from special attention and support by the Government.

Education for peace

The FARC-EP shall appoint three spokespersons for each TLZN and TLPN from the ten members of the FARC-EP who are authorised to mobilise at municipal level, in order to promote peace education work in the councils of the municipality in question.

In the case of the departmental assemblies, that work shall be promoted after prior discussion between the NRC and the respective assemblies and governors.

Other resources for economic reincorporation projects

The economic resources provided by international aid, the private sector, foundations and multilateral bodies for projects for the economic reincorporation of the current members of the FARC-EP into civilian life, as well as the resources for technical cooperation for such projects, shall not diminish the amounts to which the preceding points refer, i.e. they shall increase the economic resources made available by the National Government for the implementation of the reincorporation agreement.

Obligations of the ex-guerrilla commanders who are members of the governing bodies of the new political force that emerges from the transition by the FARC-EP to legality to ensure

the proper implementation and stability of the Final Peace Agreement

The ex-guerrilla commanders who are members of the governing bodies of the new political force that emerges from the transition by the FARC-EP to legality will be required to actively contribute to ensuring the success of the process of full reincorporation of the FARC-EP to civilian life.

For that purpose, among other obligations deriving from the Final Agreement, they will carry out tasks of explaining the said Agreement and resolving any conflicts that may arise with regard to the fulfilment of the Final Agreement in any municipality in the country among the former members of the FARC-EP or among members of the new political movement.

“Agreement on guarantees of security and the fight against criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that attack human rights advocates, social movements or political movements or that threaten or attack

persons taking part in the implementation of the accords and peacebuilding, including criminal organisations that have been labelled as successors of paramilitarism and their support networks”

The content of this agreement also includes Item 3.6 “Guarantees of Security” of the General Agreement to End the Armed Conflict.

This agreement discusses measures for clarification of the phenomenon of paramilitarism established in Item 3.7 of the General Agreement to End the Armed Conflict, in addition to what has already been agreed in Chapter 5 on Victims, in particular with the Truth, Coexistence and Non-Recurrence Commission, with it being necessary to adopt the measures discussed in the present Agreement in order to comprehensively achieve this aim.

Starting from what is established in the Agreement in Chapter 2 in relation to Political Participation, which defines security as:

“a modern, qualitatively new concept of security which, in an end-of-conflict scenario, is based on respect for human dignity, the promotion and respect of human rights and the defence of democratic values, in particular the protection of the rights and freedoms of those engaged in politics, especially those who, after the end of the armed conflict, become political opponents and therefore have to be recognised and treated as such, and the National Government shall establish a new Comprehensive Security System for the Exercise of Politics (Sistema Integral de Seguridad para el Ejercicio de la Política).”

Chapter 2 of the Agreement also establishes that “The Comprehensive Security System for the Exercise of Politics shall be structured in line with a person-centred security concept, based on the principles of sovereignty, non-intervention and self-determination of peoples, and which makes it possible to coordinate the security measures with the measures for collective and individual welfare and development discussed in the present agreement”, and establishes that an equity-based and gender-based approach will be taken.

Lastly, Chapter 2 of the Agreement establishes that the security guarantees are a necessary condition for consolidating the construction of peace and coexistence, and in particular for ensuring the implementation of the plans and programmes agreed herein, ensuring the protection of communities and community leaders, of human rights advocates, of political and social movements and parties, and especially of the new political party or movement that emerges from the transition of the FARC-EP to legal political activity, as well as the members thereof in the process of reincorporation into civilian life.

In order to meet these aims, the National Government and the FARC-EP undertake the following:

The National Government shall ensure the implementation of the measures necessary to effectively and comprehensively intensify the action taken against criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that attack

human rights advocates, social movements or political movements or that threaten or attack persons taking part in the implementation of the accords and peacebuilding, including criminal organisations that have been labelled as successors of paramilitarism and their support networks, and the prosecution of criminal conduct that threatens the implementation of the accords and the construction of peace.

In addition, it will safeguard the protection of communities across the country’s territories, breaking any type of link between politics and the use of weapons and respecting the principles that govern any democratic society.

The Colombian state shall apply the rules for criminal prosecution against the criminal organisations and conduct that are the subject of this agreement, with respect for human rights in all of its acts.

It shall observe the rules of international human rights law (IHRL) in order to protect the population.

The state holds the monopoly on the legitimate use of arms with the aim of ensuring that all Colombians have full exercise of all their human rights.

Moreover, the FARC-EP makes the commitment to contribute in an effective manner to the building and consolidation of peace, within the scope of its capacities, to promote the content of the agreements and to respect fundamental rights.

Guiding principles

The Government and the FARC-EP agree the following guiding principles:

Respect, guarantee, protection and promotion of human rights:

the state is the guarantor of the free and full exercise of the rights and freedoms of the people and communities across the country’s territories.

To safeguard the legitimate monopoly of force and of the use of arms by the state across the country’s territories:

in a scenario of ending the conflict and building a stable and long- lasting peace, the measures adopted must safeguard the legitimate monopoly of force and of the use of arms by the state, in order to ensure respect and fundamental rights for all citizens.

Legitimacy derives from compliance with the obligation to ensure that all Colombians have full exercise of their fundamental rights, under the principles of legality, necessity and proportionality.

Strengthening the administration of justice:

in a scenario of ending the conflict and building a stable and long-lasting peace, the measures adopted must contribute to ensuring citizens’ access to independent, timely, effective and transparent justice, in conditions of equality,

whilst respecting and promoting alternative mechanisms for resolving conflicts across the country’s territories, such that fundamental rights and impartiality are ensured, preventing any form of private justice and confronting the conduct and organisations that are the subject of this agreement.

These measures also have to contribute to ensuring the administration of effective justice in cases of gender-based violence, free from stereotypes regarding LGBTI persons, with sanctions proportional to the seriousness of the act.

Ensuring the monopoly of taxes by the Tax Authorities:

forms of illegal economy and criminal income linked to organised crime, including people trafficking, drugs trafficking, illegal coercion or extortion, contraband, money laundering, tax charges other than those levied by the monopoly of the state and illegal mining, shall be tackled.

Traditional artisanal mining is not considered to be illegal.

Territorial-based and equity-based approach:

within the framework of ending conflict and building a stable and long-lasting peace, the security measures adopted must have a territorial-based and equity-based approach that takes into account the different threats and the characteristics and experiences of the diverse people, of the communities and of the territories, in order to implement the plans and programmes for peacebuilding and provide guarantees to the population, including the new political movement that emerges from the transition of the FARC-EP to legal political activity and its members in the process of reincorporation into civilian life, in order thus to contribute to greater governability, legitimacy and effective exercise of the rights and freedoms of the citizens.

Gender-based approach:

special emphasis will be placed on the protection of women, children and adolescents, who have been affected by the criminal organisations that are the subject of this agreement.

This approach will take account of the specific risks faced by women against their life, freedom, integrity and safety and will be appropriate for those risks.

Institutional joint responsibility and coordination:

in a scenario of ending the conflict and building a stable and long-lasting peace, the coordination and joint responsibility between all the institutions of the state is necessary to ensure the effectiveness of the measures adopted in relation to security, in respect of which it will be necessary to ensure that national, departmental and municipal institutions work together.

Citizen participation:

the measures shall involve the active participation of civil society, including the new political movement that emerges from the transition of the FARC-EP to legal political activity and its members in the process of reincorporation into civilian life.

Accountability:

all of the measures adopted must include a permanent system of accountability by the institutions that shows the achievements and progress made as a result of the action taken, including action taken in response to information provided by the communities.

Guarantees of Non-Recurrence:

the state shall adopt measures for clarifying the paramilitary phenomenon, preventing the repetition thereof and guaranteeing the dismantling of criminal organisations and behaviours responsible for homicides and massacres and systematic violence, particularly against women, or which attack human rights advocates, social movements or political movements or which threaten or attack persons participating in the implementation of the accords and the construction of peace.

In consideration of the foregoing, the National Government and the FARC-EP agree:

National Political Pact:

The country’s desire to achieve a stable and long-lasting peace is based on the recognition of the need to overcome the armed conflict.

The National Government and the new political movement that emerges from the transition of the FARC-EP to legal political activity undertake to promote a National Political Pact from the regions, with the aid of political movements and parties, trade associations, the driving forces of the country, organised society and communities across the country’s territories, trade unions, the National Trade Council (Consejo Nacional Gremial) and various economic associations, owners and directors of media enterprises, churches, religious faiths, faith-based organisations and organisations in the religious sector, academia and educational institutions, women’s organisations and LGBTI organisations, disabled people, young people, ethnic communities, organisations for victims and human rights advocates and other social organisations.

This National Political Pact to be promoted from the regions and in particular in those regions most affected by the situation has to seek to make a reality of the commitment of all Colombians that arms will never again be used in politics and never again will violent organisations such as paramilitarism be promoted, which disrupt the life of Colombians by violating their human rights, harming coexistence and impairing the security conditions required by society.

In this respect, the National Government undertakes to implement the legislative process necessary to incorporate, in the Constitution, the prohibition on the promotion, organisation, funding or official and/or private use of paramilitary structures or practices, and to develop the regulations required for the application thereof, which shall include a criminal prosecution policy, administrative sanctions and disciplinary action.

In addition, measures for bringing perpetrators to justice shall be discussed.

This pact shall seek to achieve national reconciliation and peaceful coexistence between Colombians.

National Commission on Security Guarantees for the dismantling of criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that attack human rights advocates, social movements or political movements or that threaten or attack persons taking part in the implementation of the accords and peacebuilding, including criminal organisations that have been labelled as successors of paramilitarism and their support networks (hereafter the National Commission on Security Guarantees)

In compliance with what has been agreed under section 2.1.2.1.

in relation to the Comprehensive Security System for the Exercise of Politics, sub-paragraph d, which relates to the implementation of the Commission for Monitoring and Evaluation of the Performance of the Comprehensive System for Protection and Progress in the Dismantling of criminal organisations and all those that threaten the exercise of politics, the National Government and the FARC-EP agree that the Government shall create and start up the National Commission on Security Guarantees, which will have the aim of planning and monitoring of public and criminal policies in terms of dismantling any organisation or conduct covered by this agreement that threatens the implementation of the accords and the construction of peace.

The Commission will also harmonise those policies in order to ensure the implementation thereof.

The monitoring and evaluation of the performance of the comprehensive system for protection shall be carried out by the High-Level Unit included in section 3.4.7.1.1.

of this agreement.

The National Commission on Security Guarantees shall be chaired by the President of the Republic and shall be formed of the Minister for the Interior, the Minister for Defence, the Minister for Justice, the Attorney General (Fiscal General de la Nación), the Ombudsman (Defensor del Pueblo), the Director of the Special Investigation Unit - Item 74 of the Special Jurisdiction for Peace –, the Commander General of the Military Forces, the General Director of the National Police, three recognised experts in the matter chosen by the Commission for Monitoring, Promoting and Verifying the Implementation of the Final Agreement (CMPVI) and two delegates from human rights platforms.

The Commission must also hold meetings every month.

The Commission may invite representatives of political parties and movements, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and other specialist national and international bodies with a presence across the country’s territories and may consult experts in the subject as it deems appropriate.

The Commission shall be formed before the entry into force of the Final Agreement.

In forming the Commission, the effective participation of women shall be promoted.

The work of the Commission shall focus on the following:

The National Commission on Security Guarantees shall be the unit for planning, monitoring, cross-sector coordination and promotion of coordination at departmental and municipal level with regard to compliance with the action plan driven forward by the National Government to tackle and dismantle the organisations and to prosecute punishable conduct that are the subject of this agreement;

It shall draw up and assess the permanent action plan for tackling and dismantling the organisations and conduct that are the subject of this agreement;

It shall evaluate the institutional response and the impact of dismantling the organisations and conduct that are the subject of this agreement;

It shall coordinate, with the departmental and municipal authorities, the creation of technical committees for monitoring criminal activities that are the subject of this Commission, including the receipt of reports and complaints, complementing the state effort;

It shall recommend reforms that contribute to eliminating any possibility that the state, its institutions or its agents may establish, support or maintain relationships with the organisations that are the subject of this agreement;

It shall ask the authorities to submit reports on any subject relating to the organisations and conduct that are the subject of this agreement and shall monitor the content of said reports;

It shall plan and draw up strategies, within its jurisdiction, to identify the funding sources and patterns of criminal activity of the organisations and conduct that are the subject of this agreement;

among those patterns shall be taken into account those that particularly affect women, children, adolescents and the LGBTI community;

It shall make recommendations for the derogation or modification of regulations in order to identify those provisions which, directly or indirectly, facilitate and/or promote the creation of the organisations and conduct that are the subject of this agreement;

It shall propose mechanisms in order to make the background check of public servants in all the institutions of the state in order to check for any involvement that they may have had with paramilitary groups and/or activities or human rights violations;

It shall periodically report to the branches of public power, public opinion and international bodies in relation to the progress and obstacles in the fight against the organisations and conducts subject of this agreement;

It shall ensure the provision of information by the entities or institutions that participate in the National Commission of Security Guarantees, to the Truth, Coexistence and Non- Recurrence Commission and to the Unit for Investigation and Dismantling of criminal organisations and successors of paramilitarism -Item 74 of the Special Jurisdiction for Peace;

It shall make recommendations to the branches of public power to amend and prioritise acts and strategies relating to intelligence policy and legislation of the state in the fight against the organisations and conducts subject of this agreement;

It shall monitor the system for controls on the security services and private security services

and shall make proposals aimed at updating the regulations governing the security services and private security services, with the aim of ensuring that their services are in line with the purpose for which they were created and under no circumstances directly or indirectly facilitate the action of the criminal organisations and conduct that are the subject of this agreement.

It shall draw up prosecutorial policies including plea agreements with criminal organisations and their support networks that are the subject of this agreement, defining specific procedures for the members of said organisations and networks, incentivising and promoting a rapid and definitive dismantling of said organisations and networks.

Such measures shall never mean political recognition.

It shall ensure the application of territorial-based, equity-based and gender-based approaches in the planning, implementation and monitoring of the policies and strategies that are the subject of this Commission.

Special Investigation Unit for the dismantling of criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that attack human rights advocates, social movements or political movements or that threaten or attack persons taking part in the implementation of the accords and peacebuilding, including criminal organisations that have been labelled as successors of paramilitarism and their support networks.

In an end-of-conflict scenario and with the aim of ensuring the effectiveness of the fight against criminal organisations and their support networks, including those which have been labelled as successors of paramilitarism, which represent the greatest threat to the implementation of the accords and the construction of peace, the National Government shall drive forward the measures necessary for the creation and start-up, within the framework of the ordinary jurisdiction, of a Special Investigation Unit for the dismantling of criminal organisations and their support networks, including the criminal organisations that have been labelled as successors of paramilitarism, in accordance with what has been established in number 74 of section 5.1.2 of the Agreement on the Comprehensive System for Truth, Justice, Reparations and Non- Recurrence.

The Unit will be maintained for the period of time necessary for it to conclude its mandate.

Its mandate shall involve the investigation, prosecution and indictment of the criminal organisations and behaviours responsible for homicides, massacres or systematic violence, particularly against women, or that threaten or act against persons who participate in the implementation of the accords and peacebuilding, including the criminal organisations that have been labelled as successors of paramilitary groups and their support networks.

The Special Unit, through the performance of its functions within the ordinary jurisdiction, shall contribute to the achievement of the objectives of the Justice and Peace Law (Ley de Justicia y Paz) and the Special Jurisdiction for Peace.

Insofar as it will help to strengthen justice and contribute to dismantling the organisations that have been labelled as successors of

paramilitarism, it shall in turn guarantee non-recurrence of the paramilitary phenomenon, prevent the perpetration of new human rights violations and thereby help to build a stable and long-lasting peace.

This Special Investigation Unit shall have the following features:

It shall be created outside of the Special Jurisdiction for Peace.

It shall be part of the ordinary jurisdiction and the country’s Office of the Attorney General (Fiscalía General de la Nación).

The Unit shall decide what is necessary for it to function and shall decide the formation of its working and investigation groups, and in these areas shall promote the effective participation of women.

It shall also have the autonomy to decide its lines of investigation, carry these out and undertake action before the respective jurisdiction.

The Director of the Unit shall be responsible for taking decisions with respect to any function or jurisdiction of the Unit, with it being possible for the Director to delegate said responsibilities, in full or in part, to other public servants attached to the Unit.

The Unit shall investigate, accumulate cases where this is within its jurisdiction and if appropriate shall file charges and indictments before the ordinary jurisdiction or before the jurisdiction for Justice and Peace, provided that the statutory time limit for applications has not expired.

The Unit may request before the competent body the accumulation, at the court of higher instance, of the judicial jurisdictions for all the offences committed by the criminal organisation, within the respective jurisdiction.

The Unit shall perform its duties without replacing the ordinary duties of the country’s Office of the Attorney General (Fiscalía General de la Nación) before the jurisdiction for Justice and Peace (Justicia y Paz) or before the ordinary jurisdiction and will work in close coordination and collaboration with the other units of the Office of the Attorney General and with the Attorney General (Fiscal General de la Nación), always retaining its powers.

The Unit’s Director must be a lawyer, meet transparency and technical suitability criteria and have experience in the field of criminal investigations and must have demonstrated results in the fight against organised crime.

He/she shall be appointed for a period of 4 years.

The Director of the Unit shall be subject to the incapacity and incompatibility rules for civil servants of the country’s Office of the Attorney General (Fiscalía General de la Nación).

Under no circumstances may the Director of the Unit be removed from office due to deficiencies that are not deemed serious in accordance with the current disciplinary rules.

Any disciplinary procedures which are brought against the Director of the Unit shall be heard at sole instance by the National Disciplinary Commission.

This Unit shall deploy its investigation capacity with a territorial-based, equity-based and gender-based approach, in order to tackle the threat, with an emphasis on areas where there is a convergence of variables that endanger the communities and the construction of peace, prioritising the investigation of structures of organised crime which are within its jurisdiction.

It shall have a special unit of the Judicial Police composed of specialist officers from the Office of the Attorney General (Fiscalía General de la Nación) and the Judicial Police of the National Police, experts in a range of subjects, who must have knowledge of the development and establishment of organised crime organisations, including knowledge of the paramilitary phenomenon and the criminal organisations that have been labelled as successors of paramilitarism.

Said officers should have knowledge of gender-based violence and justice.

The Director shall have the operational command over the officers of the Technical Investigation Unit assigned to his/her Unit and the operational command over the other officers of the Judicial Police assigned thereto.

The public servants forming the Unit shall be selected by the Director, applying the special mechanisms for selection, incorporation and monitoring of the performance of the officers, prioritising high standards of transparency, effectiveness in civil service.

As an operating basis, this Unit shall take a multidimensional investigative approach which deals with the entire criminal chain of the organisations and conduct that are the subject of its mandate, including criminal conduct affecting women, children and adolescents.

In order to ensure it performs its duties with high standards of efficiency, the Unit shall have at its disposal sufficient resources and budget for its operations.

The funding for the operation of the Unit shall come from the National General Budget and international aid.

The allocation provided by the National Government for this purpose shall be included on a mandatory basis in the annual budget of the Office of the Attorney General (Fiscalía General de la Nación) which will be subject to the approval of Congress and specifically intended for the Unit.

The resources will be used according to the plan drawn up by the Director, without prejudice to the legally established controls.

The Unit may request extraordinary funds from the state or international aid and in the latter case may negotiate and receive international funds for its operations.

The Unit may conclude international cooperation agreements in order to strengthen the achievement of its mandate.

The Investigation Unit shall periodically submit reports to the National Commission on Security Guarantees in relation to its progress and results.

Upon request by the Unit, the country’s Office of the Attorney General (Fiscalía General de la Nación), in coordination with the National Government, may apply to the European Union for the sending of a temporary support mission to strengthen the Unit’s capabilities in the fight against organised crime and ensure the adoption of international best practice, without prejudice to the additional international aid that the Unit may request via the country’s Office of the Attorney General.

It shall have access to all the judicial information available that it requires for its investigations, including the information that resides in or has been transferred to other units of the Office of the Attorney General (Fiscalía General de la Nación), especially the Unit for Justice and Peace.

It may make use of the mechanisms for access to documents and sources of information provided for the Special Jurisdiction for Peace (Item 69 of the Agreement on the Special Jurisdiction for Peace).

The Unit shall ensure legal discretion in the performance of its functions and shall take the measures necessary to protect witnesses and victims in need of such protection.

The Director of the Unit will be elected by the Attorney General (Fiscal General de la Nación) from a list of three candidates proposed by the selection and appointment mechanism of judges and other judicial officers of the Special Jurisdiction for Peace enshrined in Item 68 of the Special Jurisdiction for Peace and developed in section 5.3 of the Final Agreement to End the Conflict called the Supplementary agreement on the Comprehensive System for Truth, Justice, Reparations and Non-Recurrence.

Upon completion of the mandate of the first Director of the "Special Investigation Unit for the dismantling of criminal organisations responsible for homicides and others (...)", referred to in Item 74 of the Agreement for creation of the Special Jurisdiction for Peace and developed in section 3.4.4 of the Final Peace Agreement, the successive directors of this unit will be chosen by the Attorney General from a list of three proposed by the judges in the Tribunal for Peace of the Special Jurisdiction for Peace.

Jurisdiction

The Special Unit:

Shall judicially prosecute the conduct and organisations that are the subject of its mandate in accordance with the existing crimes.

It shall investigate the individual criminal responsibilities of the members of these organisations and submit the information obtained relating to perpetrators, instigators, organisers and financiers of these structures to the competent authority for the purpose of starting a trial or investigation by another competent body.

Shall undertake investigations in cases where certified reports have been made in the ordinary jurisdiction or in the jurisdiction for Justice and Peace in order to investigate the criminal liability of those people who were members of support networks for criminal organisations included in this agreement, including criminal organisations that have been labelled as successors of paramilitarism.

Shall implement specialised investigation methodological plans in relation to the most serious acts of victimisation undertaken against women, children, adolescents and the LGBTI community by the organisations and conduct that are the subject of this agreement.

Shall undertake investigations in relation to the relationships between criminal organisations included within its mandate, including criminal organisations that have been labelled as successors of paramilitarism, and state officials.

Upon finding evidence of the responsibility of public officials, it shall continue by conducting the criminal investigation and, in addition, shall transfer the case to the country’s Office of the Attorney General (Fiscalía General de la Nación) or to the Office of the Comptroller General (Contraloría General de la Nación), in order to initiate the corresponding disciplinary and prosecutorial investigations.

Upon finding evidence of the responsibility of public officials, the Unit shall seek the imposition of additional sanctions before the competent judicial authorities, such as the incapacity to hold public office, inter alia.

It shall check that there are no regulations which, directly or indirectly, permit or promote the existence of paramilitary structures or their successors and shall inform the National Commission on Security Guarantees of any such regulations so that the relevant measures can be taken.

It may periodically provide information to the national and international public on the progress and obstacles in the performance of its mission.

It shall coordinate the exchange of information in relation to matters within its jurisdiction with the Truth, Coexistence and Non-Recurrence Commission and the Special Jurisdiction for Peace.

Integration of the Elite Corps

As a guarantee of immediate state action against the organisations and conduct that are the subject of this agreement and the dismantling thereof, an Elite Corps shall be integrated in the National Police with a multidimensional approach.

The members of the Elite Corps shall be selected on the basis of a special model that attests to their high standards of suitability, transparency and effectiveness.

Basic guarantees for the performance of office by prosecutors, judges and other public servants

Public servants with responsibilities in activities relating to investigation, analysis and prosecution, inter alia, targeted at tackling the organisations and conduct that are the subject of this agreement shall be guaranteed the conditions necessary for carrying out their activities so as to avoid any disruption or threat to their role, and providing the corresponding security guarantees.

Comprehensive Security System for the Exercise of Politics

The Comprehensive System shall develop a new model of guarantees for citizens’ rights and protection for political parties and movements, including the movement that emerges from the transition of the FARC-EP to legal political activity, rural communities and social organisations, women’s organisations and human rights advocates in compliance with what has been agreed in the Agreement on Political Participation.

Individual and collective security and protection measures

The National Government and the FARC-EP, in consideration of the fact that “A Comprehensive Security System for the Exercise of Politics” was agreed in the Agreement on Political Participation, the content of which system must be supplemented and defined in respect of the guarantees in terms of security and protection of the people targeted by this system, and with the aim of providing security guarantees for the new political movement that emerges from the transition of the FARC-EP to legal political activity, for its members – men and women – in the process of reincorporation into civilian life, as well as the application of the model for prevention, security and protection across the country’s territories and the measures for intangible protection defined in the context of the “Agreement on Political Participation:

A democratic opportunity to build peace”, agree the following:

High-Level Unit of the Comprehensive Security System for the Exercise of Politics (Instancia de Alto nivel del Sistema Integral de Seguridad para el Ejercicio de la Política)

In compliance with what has been established in section 2.1.2.1, sub-paragraph a, of the agreement on Political Participation, the High-Level Unit shall have the aim of implementing the Security System for the Exercise of Politics, ensuring the functioning, coordination and

supervision thereof.

Likewise, the Unit shall be the space for discussion and monitoring relating to the security and protection of the members of social and political movements and parties, in particular those forming the opposition, and the new movement that emerges from the transition of the FARC-EP to legal political activity and its members in the process of reincorporation into civilian life.

The High-Level Unit of the Comprehensive Security System for the Exercise of Politics (Agreement on Political Participation:

section 2.1.2.1) shall develop and implement the following components of the Security System:

Specialised protection on the basis of an assessment of the level of risk and in coordination with the corresponding state entities for the following people:

people elected by popular vote, people who have declared themselves part of the political opposition and leaders of political movements and parties, with an equity-based approach and a national and regional presence, as well as a unit for assessing the risk at regional and local level, as referred to in section 2.1.2.1.

sub-paragraph c. of the Agreement on Political Participation:

A democratic opportunity to build peace.

Both the risk level studies and the specialised protection measures shall apply protocols which meet each person’s particular conditions.

Interinstitutional planning, monitoring and evaluation system, as set out in section 2.1.2.1.

sub-paragraph d. of the Agreement on Political Participation:

A democratic opportunity to build peace.

Committee to promote investigations into crimes committed against people in the exercise of politics, taking into account women and the LBGTI community, as set out in section 2.1.2.1.

sub-paragraph d. of the Agreement on Political Participation:

A democratic opportunity to build peace.

The Unit shall be composed of:

The President of the Republic.

The Minister for the Interior.

The Minister for Defence.

The Human Rights Advisor to the Presidency of the Republic.

The Commander of the Military Forces.

The Director of the National Police.

The Director of the National Protection Unit (Unidad Nacional de Protección, NPU).

The High-Level Unit shall ensure the permanent participation of the new political movement that emerges from the transition of the FARC-EP to legal political activity.

The National Government shall ensure the participation in the High-Level Unit of political movements and parties, in particular of those whose security has been affected, victims’ organisations, human rights organisations and social movements, including women’s organisations.

Delegates from international human rights organisations with a presence in Colombia and other delegates from state entities and supervisory bodies (the Office of the Attorney General, the Office of the Inspector General, the Office of the Comptroller General and the Office of the Ombudsman) may be invited to join the High-Level Unit if this is deemed relevant.

Presidential Delegate:

The President of the Republic shall appoint a delegate attached to the Administrative Department of the Presidency who shall be in charge of the Technical Secretariat of the High- Level Unit and shall be responsible for the planning, information and monitoring system (section 2.1.2.,

indent a) and for coordinating and monitoring the protection and security measures adopted in this respect.

He/she shall hold ongoing discussions with members of the social and political movements and human rights advocates, and also the political party that emerges from the transition of the FARC-EP to legal political activity and the members of the FARC-EP in the process of reincorporation into civilian life.

Comprehensive protection programme for the members of the new political party or movement that emerges from the transition of the FARC-EP to legal activity, and its activities and offices, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.

The National Government undertakes the commitment to implement a comprehensive protection programme in accordance with what is set out in the agreement "Political participation:

A democratic opportunity to build peace", section 2.1.2.1, indent c, which shall have the aim of protecting the members of the new political movement or party that emerges from the transition of the FARC-EP to legal activity, and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.

This Programme, which shall be assigned to the Administrative Department of the Presidency of the Republic, under the supervision of the Presidential Delegate in the High-Level Unit of the Comprehensive Security System for the Exercise of Politics, shall have administrative and financial autonomy and shall coordinate with the relevant state institutions on a permanent and operational basis.

The measures established in this item shall apply to the representatives of the FARC-EP who are in the process of reincorporation into civilian life and are assigned with the performance of tasks in the peace process, who are appointed by the Peace Delegation of the FARC-EP, in accordance with what is established in the Final Agreement and as from the signing thereof.

Specialised Sub-directorate on Security and Protection at the National Protection Unit (Subdirección especializada de seguridad y protección en la UNP)

The National Government shall create a sub-directorate within the National Protection Unit (NPU), specialising in security and protection, for the members of the new political movement or party that emerges from the transition of the FARC-EP to legal activity, and its activities and offices, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.

The Specialised Sub-directorate on Security and Protection shall involve the active and permanent participation of no less than two representatives of the new political movement or party that emerges from the transition of the FARC-EP to legal political activity, and its structure and function shall be defined by the National Government and the FARC-EP.

This Specialised Sub- directorate on Security and Protection shall ensure the administration, functioning and operation of the Technical Committee on Security and Protection (Mesa Técnica de Seguridad y Protección) and the Security and Protection Corps (Cuerpo de Seguridad y Protección) created in the present agreement:

Technical Committee on Security and Protection:

The National Government shall set up a Technical Committee on Security and Protection, hereafter the Technical Committee, with the participation of the National Government and the FARC-EP, which will begin its operations immediately upon signing of this Agreement, in order to develop, coordinate, monitor and make suggestions for the implementation of a Strategic Plan on Security and Protection (Plan Estratégico de Seguridad y Protección), which will include tangible and intangible measures (intangible measures are considered to mean prevention measures against stigmatisation) for the members of the new political movement or party that emerges from the transition of the FARC-EP to legal activity, and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.

The Technical Committee shall have the following functions:

To develop the structure of the Specialised Sub-directorate on Security and Protection at the NPU, in accordance with the agreements reached by the National Government and the FARC- EP.

To identify the requirements in terms of human resources, physical resources and budgetary resources for implementation of the Strategic Plan on Security and Protection, so as to safeguard the rights to life and personal safety, liberty, mobility and security of the members of the new political movement or party that emerges from the transition of the FARC-EP to legal political activity and the members of the FARC-EP in the process of reincorporation into

civilian life, in view of their situation of risk resulting from the exercise of their political, public, social or humanitarian duties or activities, and the rights of their families, in accordance with the level of risk.

The Technical Committee shall be permanent and shall carry out periodic monitoring and assessments in coordination with the state institutions that are competent in this respect.

The planning and monitoring of protection acts shall take place on both an individual and collective basis for the members of the new political party or movement that emerges from the transition of the FARC-EP to legal activity, and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.

At the initiative of the Technical Committee and in coordination with the Presidential Delegate, the Government shall implement the legislative amendments and reforms – decrees and developments – governing all aspects relating to the protection and security of members of the new political party or movement that emerges from the transition of the FARC-EP to legal political activity and of their families, in accordance with the level of risk.

Such regulations and procedures shall be prepared by the Technical Committee and presented to the National Government for approval before the signing of the Final Agreement.

The Technical Committee shall be composed of the delegates from the National Government, headed by the Presidential Delegate, the Director of the NPU and the Sub-director of the new specialised sub-directorate, created in the present agreement, who will act as secretary, and other entities deemed relevant, including as a permanent invited member the representative from the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Colombia.

Before signing of the Final Agreement, the representatives that the FARC-EP deems relevant shall be involved.

Once the agreement has been signed, the delegates appointed by the FARC-EP shall continue to form part of the Technical Committee.

When the political movement has been created, the representatives that it appoints shall be incorporated into the Technical Committee.

Guidelines and Criteria for the Strategic Plan on Security and Protection for the new political movement or party that emerges from the transition of the FARC-EP to legal activity, on the basis of its risk situation.

The Strategic Plan on Security and Protection shall consist of all the comprehensive measures contained in this agreement, including intangible, collective or political measures aimed at prevention and creation of an atmosphere of trust, and tangible measures which shall be defined in the security and protection protocols, as well as all those measures that the Technical Committee deploys for the implementation of the plan.

The security and protection protocol shall consist of the following components:

Prevention, security and protection schemes and programmes;

Personnel from the Security and Protection Corps - Selection and Training;

Logistics and recruitment for the Security and Protection Corps –

funding and financial resources, together with risk analysis programmes and programmes for coordination among the elements of the Security System.

The measures applied to the population that is the subject of this agreement shall be implemented in accordance with the content of section 3.4.7.3 of this agreement and the development protocols, which must be executed in a timely and efficient manner.

The protection protocol shall discuss the means of transport that may be required in accordance with the transport needs of the protected persons.

In accordance with the decisions taken by the Technical Committee, support shall be provided for temporary relocation, media, psychosocial care and any other support necessary to ensure the effective protection of the population that is the subject of this agreement.

Bearing in mind the definitions of the Technical Committee, the state shall ensure that all the necessary protection measures are taken with regard to the comprehensive security of the offices and facilities of the new political movement or party that the FARC-EP becomes and of the homes of the persons subject to protection as covered by this agreement, in accordance with the level of risk.

The prevention, security and protection schemes, with regard to recruitment, logistics, administration, mobility, staff employment rights and other requirements for the optimal functioning and sustainability thereof, shall be defined by the Technical Committee, bearing in mind criteria of reliability and compliance that are provided by the operators to the new political party or movement that the FARC-EP becomes.

The Security and Protection Protocol shall be drawn up by the Technical Committee and approved by the Negotiation Table prior to signing of the Final Peace Agreement.

Security and Protection Corps

The National Government shall create a Security and Protection Corps, in accordance with what is established in this agreement, with a mixed composition, consisting of trusted personnel from the new political movement or party that emerges from the transition of the FARC-EP to legal activity, which shall coordinate and have a direct contact with the National Police, which shall in turn appoint contacts for each security and protection scheme, at national, departmental and municipal level according to the operating scheme established.

The trusted personnel of the new political party or movement arising from the transition of the FARC-EP to legal activity that make up the Security and Protection Corps must be properly trained and must meet the requirements for psychological fitness required of the other members of protection bodies.

The specialised sub-directorate on security and protection at the NPU will be responsible for verifying compliance with these requirements.

The schemes shall have all the logistics needed for their operations, team and administration as required for the protection of the protected persons.

The National Government shall ensure that the protection schemes are provided with the most appropriate and relevant weapons to ensure the safety of the population that is the subject of this agreement, based on the levels of risk established by the Technical Committee.

The security and protection shall relate to the members of the new political party or movement that emerges from the transition of the FARC-EP to legal activities and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.

In order to work towards the construction of a professional and technical model for the Security and Protection Corps, the Technical Committee shall make proposals to the National Government, and the Presidential Delegate shall push forward the monitoring and management of these proposals, including an education and training system, employment relationship system and social security system.

The system shall include training programmes in aspects relating to the protection of women and the specific risks that they face.

The security and protection protocol shall determine the operating system and composition of the protection schemes — which will have a gender-based approach — including the contacts from the new political party or movement that emerges from the transition of the FARC-EP to legal activity and the contacts from the National Police.

It shall contain the criteria and guidelines of the strategic plan on security and protection.

The National Government shall make the necessary budget allocations for the comprehensive implementation of the system, and these shall be guaranteed for a minimum period of five years in the initial stage thereof.

In the case of members of the National Police that are part of the Security and Protection Corps, a rigorous model for checking criminal and disciplinary records shall be applied and security checks shall be carried out, including credibility and reliability tests, inter alia.

The members of the Security and Protection Corps shall report to the Specialised Sub-directorate on Security and Protection.

The arrangements regarding employment may be by means of a direct employment contract as public servants or temporary contracts for the provision of services or incorporation of personnel via duly authorised security operators, which provide greater guarantees of reliability for the protected persons.

The National Government shall make the modifications required to expand the number of staff of the NPU, where necessary.

The Security and Protection Corps shall have duly accredited security training programmes for the training and specialisation of all its members.

Consultancy and training agreements may be established with national or international institutions or bodies that are experts in this area.

The Technical Committee shall establish the criteria relating to the content of the training.

The members of the Security and Protection Corps shall be selected, trained and qualified at national or international institutions or academies, for which purpose the National Government shall grant all the necessary guarantees and conditions.

Constitutional and legal presumption of the risk:

The members of the new political movement that emerges from the transition of the FARC-EP to legal political activity shall be presumed to be at extraordinary risk on the basis of reasonable criteria presented by its representatives to the Technical Committee.

The new political movement shall be presumed to be at extraordinary risk.

The National Government shall drive forward the regulatory measures required in order for that presumption to become enshrined in law.

Psychosocial care measures:

All measures shall be taken to provide resources in relation to psychosocial care, of either individual or collective nature and with a gender-based approach, to those recipients of the protection programme who have been affected as a result of any attack on their life and physical safety.

Implementation of the Programme on reconciliation, coexistence and prevention of stigmatisation (Programa de reconciliación, convivencia y prevención de la estigmatización)

In accordance with what has been established in the Agreement on Political Participation (2.2.4), upon signing of the Final Agreement, the National Council for Reconciliation and Coexistence shall be set up, which shall be responsible for planning and implementing the Programme on reconciliation, coexistence and prevention of stigmatisation, with the involvement of territorial- based entities.

The foregoing is without prejudice to the immediate measures to be taken.

Measures in relation to self-protection (Medidas en materia de autoprotección)

A process of training in relation to self-protection shall be established for the security of the members of the FARC-EP in the process of reincorporation into civilian life and of the new political movement that emerges from the transition of the FARC-EP to legal political activity, for which purpose the National Government shall provide the new political movement with sufficient tools and resources for achieving this aim effectively.

Comprehensive Security and Protection Programme for the Communities and Organisations across the Country’s Territories (Programa Integral de Seguridad y Protección para las Comunidades y Organisaciones en los Territorios)

A comprehensive security and protection programme shall be created for the communities and organisations across the country’s territories, at the request of the Ministry of the Interior, which shall have the aim of defining and adopting measures for the comprehensive protection of organisations, groups and communities across the country’s territories, such that it contributes to ensuring, under an effective model, the implementation of the measures for prevention and protection of the communities and their territories.

The preparation and application of this programme shall involve the active and effective

participation of social organisations, including women’s organisations, and the communities across the country’s territories.

Among others, the following measures shall be promoted:

Implementation of comprehensive security and protection measures:

as a development of what has been established in section 2.2.4 of the Agreement on Political Participation, in the preparation of the Prevention and Protection Plan the Comprehensive Security and Protection Programme shall take into account measures against stigmatisation, mechanisms for widespread dissemination, campaigns for legitimisation and recognition of human rights advocates, in both rural and urban areas, and the creation and dissemination of community and public interest media for promoting human rights and coexistence.

Community Promoters of Peace and Coexistence:

this shall be a programme led by the Ministry of the Interior in coordination with the Ministry of Justice.

The community promoters of peace and coexistence shall be unarmed volunteers.

The programme shall encourage alternative mechanisms for resolving conflicts across the country’s territories and promote the defence of human rights, stimulating coexistence within communities in the areas previously defined for that purpose.

The programme shall be allocated the resources necessary for this programme to be implemented and ensured.

Protocol for Protection of Rural Territories:

the Ministry of the Interior shall create a special protocol for the protection of rural communities that were affected by the conflict, which shall be concluded with the agreement of the communities and organisations in each territory, including women’s organisations, and in line with the Comprehensive Security and Protection System.

Within this protocol, rural communities and their organisations shall draw up their own context for the assessment and definition of risks that takes into account the particular conditions of women.

Support for reporting activity in human rights organisations across the country’s territories:

the Ministry of the Interior shall draw up a programme for strengthening the reporting capability of human rights organisations across rural territories, which will stimulate the prevention measures with an emphasis on written and audio-visual communication, together with instruments used to document possible human rights violations.

Within this programme, human rights organisations shall be provided with offices and facilities, and with outfitting and equipment thereof, in support of the activity of human rights advocates and their organisations across the country’s territories, with the object of stimulating and promoting the achievement of their aims.

These offices and facilities must be subject to collective management by the human rights organisations.

Instrument for prevention and monitoring of the criminal organisations that are the subject of this agreement

In accordance with what has been defined in the “Agreement on Political Participation” in section 2.1.2.1, sub-paragraph b, a new prevention and warning system for rapid response to the presence, operations and/or activities of the criminal organisations and conduct that are the subject of this agreement shall be set up in the Office of the Ombudsman, in coordination with the National Government and the Special Investigation Unit, and the National Committee on Security Guarantees shall be involved in the planning thereof.

The System must combine permanent monitoring and early warning activities for the deployment of a rapid response on the ground.

It shall act in coordination with human rights organisations and communities.

This system shall issue early warnings autonomously without having to consult with or submit its decisions to any other institution.

This Early Warning System will have a territorial-based, equity-based and gender-based approach, and will involve a preventive security deployment, without detriment to national deployment and response capability.

The Colombian state shall guarantee appropriate funding in accordance with the requirements of the system and the comprehensive functioning thereof.

Threat monitoring activities shall be combined with early warning capability and recommendations for rapid response and deployment on the ground.

This system shall incorporate governmental capacities and at the same time shall be able to deal with and respond to situations on the ground.

The system shall have the following functions:

Monitoring and mapping the threat represented by the presence and/or activities of criminal organisations and conduct that are the subject of this agreement, including the organisations that have been labelled as successors of paramilitarism, in particular in regions and territories where the FARC-EP is promoting its process of reincorporation into civilian life.

The governmental institutions, the Colombian State Armed Forces (which include both the Military Forces and the Police), communities, social groups and specialist organisations on the ground shall contribute on a permanent and continuous basis to maintain the system, such that mechanisms are established for verification and response with regard to complaints and reports submitted across the country’s territories and at a central level.

To identify at an early stage the presence, movement, incursions and activities across the country of the criminal organisations that are the subject of this agreement, as well as the potential risks to the civilian population.

The National Government shall ensure the organisation and coordination of the preventive measures and rapid response measures in relation to these incursions and acts of the criminal organisations that are the subject of this agreement, in order to ensure the protection of the

civilian population.

Initially priority shall be given to areas of critical intervention based on the accumulated compilation of public reports and complaints.

To activate communication channels with municipal ombudspersons (personeros municipales) for the purpose of collecting and processing information that permits the identification of potential risk situations that could lead to acts of violence affecting civilians including human rights organisations, former members of the FARC-EP and members of the political party or movement arising from the transition of the FARC-EP to legal political activity.

In the prioritised territories, integrated mechanisms for interinstitutional coordination shall be implemented which shall be responsible for coordinating efforts with regard to security warnings in relation to the threats across the country’s territories, in order thereby to ensure a rapid response.

The prevention and warning system for rapid response shall include Territorial Warning Committees for Immediate Response across the territories and regions defined, which coordinate their functions at local level with the competent authorities.

The preventive measures in relation to the action of the criminal organisations that are the subject of this agreement must focus on the areas most affected by these organisations.

Implementation of a national mechanism for territorial supervision and inspection of private security and surveillance services (Mecanismo nacional de supervisión e inspección territorial a los servicios de vigilancia y seguridad privada)

The National Government shall strengthen the national mechanism for territorial supervision and inspection of private security and surveillance services at the request of the Superintendence for Private Security and Surveillance, in order to ensure that the use thereof corresponds to the purposes for which they were created, placing an emphasis on the prohibition of the privatisation of military, police or intelligence functions;

likewise, priority shall be given to developing the revision of legislation relating to private security and surveillance;

it shall ensure that they do not perform state military, police or security functions;

and shall update the regulations relating to private security and surveillance services.

The regulations on permitted arms shall be reviewed, which are for the exclusive use of the Military Forces in order to perform the function of private security and surveillance.

The following measures shall be adopted:

Monitoring that the public register ensures that adequate information is kept on the owners of this kind of business, their employees, the available weapons and the service provision agreements in force.

The Superintendence for Private Security and Surveillance shall be empowered to cancel or refuse to grant operating licences to security companies involved with criminal organisations that are the subject of this agreement or which violate the regulations that they are obliged to comply with.

The necessary legislative initiatives shall be promoted and the relevant administrative measures shall be adopted to regulate private security services, with the aim of ensuring that employees, shareholders, owners or directors in this type of service are not involved with the criminal organisations that are the subject of this agreement.

Measures for the prevention of and fight against corruption (Medidas de prevención y lucha contra la corrupción)

In order to develop Item 3.4 of the General Agreement in relation to the intensification of measures to fight against conduct that, by action or omission, lead to instances of corruption, the National Government shall promote the action of the state to foster a culture of transparency across the country’s territories, as an element looking towards guaranteeing the future, effective compliance with the accords, guarantees of security across the country’s territories and democratic participation.

Instruments of institutional oversight and verification

On the basis of the legal framework in force in relation to the fight against corruption, the National Government shall put in place the following measures to certify the transparency and effectiveness of the action for dismantling the organisations and conduct that are the subject of this agreement.

The National Government shall promote the following measures, among others:

Checks on the suitability of public servants so as to ensure that they have the competences for the upright exercise of public office.

Certification of the integrity and performance of public servants, so as to guarantee transparency and commitment to the application of the law by means of evaluation and verification of their résumés and criminal and disciplinary records.

Guarantees to maintain oversight and monitoring of the financial assets of public servants and checks of their income so as to ensure that this tallies with their legal activities and salary.

Evaluation and monitoring of their performance in the fight against the organisations that are the subject of this agreement and as a function of the creation of trust with the communities.

Measures for action to contain the penetration of the criminal conduct and organisations that are the subject of this agreement into the exercise of politics

A multidimensional approach applied to the fight against the organisations and conduct that are the subject of this agreement, enabling progress to be made in the creation and maintenance of security guarantees, requires the adoption of a series of measures to tackle the penetration of criminal organisations, including the organisations that have been labelled as successors of paramilitarism and their support networks, into politics.

The penetration of the criminal conduct and organisations that are the subject of this agreement into politics – which have given rise to expressions such as parapolitics (parapolítica) – in a democratic system, affects the transformation of the political fabric, insofar as it affects local democratic leaders, undermines participation processes, increases the risk of penetration of mafias into institutions, affects public tendering, constrains democratic deliberation and leads to the diversion of resources to fund violence.

It is necessary to develop measures that relate not only to people involved in this conduct – who must be subject to criminal, disciplinary and financial sanctions – but also to the parties and communities whose leaders or elected officials engage in such practice.

Consequently, from what has been agreed in section 2.3.4 of the Agreement on Political Participation:

A democratic opportunity to build peace, the National Government shall ensure that the Special Electoral Mission which is created discusses the points proposed by the new political movement that emerges from the transition of the FARC-EP to legal political activity in order to tackle this problem.

The National Government shall drive forward the legislative reforms necessary to ensure the existence of sanctions for political movements or parties whose candidates or persons elected to public corporations or single-member constituencies, have been convicted of links to criminal organisations, including organisations that have been labelled as successors of paramilitarism and their support networks, for acts occurring during their term of office.

These sanctions may be imposed even when the persons convicted have been convicted subsequent to the exercise of the offices for which they were endorses or elected.

Similarly, and in the same cases as above, the National Government shall drive forward the legislative reforms necessary to make it possible to impose sanctions on the persons who endorsed the criminally sanctioned candidates or elected persons.

The legislative amendments shall involve a disciplinary and fiscal oversight of contracting and the administration of public funds in departmental and municipal administrations, in particular in the areas where there are criminal organisations that are the subject of this agreement.

Other provisions for the purposes of Guarantees

The National Government shall prioritise the actions and strategies necessary in terms of intelligence within the plans and programmes developed by the state for the purpose of dismantling and prosecuting the conduct and organisations described in the present agreement.

The National Government shall drive forward the measures necessary for removing from the databases of security and intelligence agencies, the names and information relating to the members of human rights organisations, members of the opposition and the members of the new political movement that emerges from the transition of the FARC-EP to legal political activity and their families, where included, for the sole reason of being such.

Plea agreements with the aforesaid organisations

Within the framework of the ordinary jurisdiction and in order to contribute to the fight against the criminal organisations with which this point is concerned, to strengthen the guarantees of security across the country's territories and facilitate the creation of favourable conditions for peacebuilding, the National Government, coordinating with the judiciary, will present a draft law to promote plea agreements with the aforesaid organisations by means of the special legislative process for peace.

Solution to the Illicit Drugs Problem

The internal conflict in Colombia has a long history spanning a number of decades, which predates and has causes other than the appearance of crops used for illicit purposes on a large scale and the production and sale of illicit drug across the country’s territories.

The persistence of the crops is in part linked to the existence of conditions of poverty, marginalisation, weak presence of institutions, as well as the existence of criminal organisations dedicated to drug trafficking.

In order to contribute to the aim of laying the foundations for the construction of a stable and long-lasting peace it is necessary, inter alia, to find a definitive solution to the problem of illicit drugs, including crops used for illicit purposes and the production and sale of illicit drugs.

We aspire to be a country at peace and without the problem of illicit drugs, and we are aware that the achievement of this aim also depends on agreements and definitions with a global scope by all of the states, in particular by those which have been directly or indirectly affected by this transnational problem.

On the basis of the foregoing, the National Government and the FARC-EP consider:

That many regions and communities across the country, especially those in conditions of poverty and neglect, have been directly affected by the cultivation, production and sale of illicit drugs, leading to a deepening of their marginalisation, inequality, gender-based violence and a lack of development.

That the production and sale of illicit drugs and criminal economies have had serious effects on the Colombian people, in both rural and urban areas, impairing their enjoyment and exercise of their rights and liberties, and that women and young people have been particularly affected by these criminal economies.

That these phenomena have a severe influence on specific forms of violence that particularly affect women, victims of human trafficking, sexual exploitation and violence resulting from the use of illicit drugs, among others, which requires the training of women in the planning and monitoring of action to combat this kind of violence.

That the cultivation, production and sale of illicit drugs have penetrated, fuelled and financed the internal conflict.

That institutions at both national and local level have been affected, in their integrity and performarnce, by the corruption associated with drug trafficking.

That various sectors of society have been directly or indirectly engaged in the production and sale of illicit drugs.

That all the foregoing has contributed to undermining values and peaceful coexistence and has constituted a factor that harms the possibility of progressing towards social inclusion, equality of opportunity between men and women and the expansion of democracy.

That in view of this situation the end of the conflict has to represent an opportunity to construct a collective and comprehensive solution to the illicit drugs problem.

That as a result of all the foregoing it is necessary to plan a new vision that deals with the causes and consequences of this phenomenon, especially by presenting alternatives that lead to improving the well-being and quality of life of communities — men and women — across the country’s territories that have been affected by crops used for illicit purposes;

that tackles drug use with a public health focus and that intensifies the fight against criminal organisations dedicated to drug trafficking, including activities related to illicit finances, money laundering, trafficking of chemical precursors and the fight against corruption, dismantling the entire value chain of drug trafficking.

That this new vision involves seeking evidence-based alternatives and providing a different and differentiated treatment to the issue of drug use, the problem of crops used for illicit purposes and organised crime associated with drug trafficking, which unduly exploits young people.

In that respect, new policies are required that reflect this new vision and differentiated treatment, always within the framework of a comprehensive and balanced approach to counteract the global problem of illicit drugs.

That these policies must be governed by the exercise of the principles of sovereign equality and non-intervention in the internal affairs of other states and must ensure coordinated action within the framework of international cooperation, insofar as the solution to the problem of illicit drugs is the collective responsibility of all states.

That these new policies will have a general focus on human rights and public health, with an equity-based and gender-based approach, and must be adjusted over time on the basis of evidence, lessons of best practice and the recommendations of national and international specialist organisations and experts.

That the elements of the public policies tackling the drugs problem must have the flexibility to allow the incorporation of new knowledge that renders them more effective and must identify undesirable costs and harm.

That these policies will give special treatment to the weakest links in the drug trafficking chain, namely the people that cultivate and use illicit drugs, and will intensify the efforts at dismantling criminal organisations.

That, in order to construct sustainable solutions, safeguard the rights of citizens and ensure the non-recurrence of the problem, the policy must have a territorial-based approach based on citizen participation and the presence and strengthening, in terms of effectiveness, efficiency and transparency, in particular of the institutions responsible for social care and those responsible for the security and protection of communities.

That the policy must maintain the recognition of the ancestral and traditional uses of the coca leaf, as part of the cultural identity of the indigenous community and the possibility of use of crops used for illicit purposes for medical or scientific purposes and other legitimate uses that are established.

That one aspect of the solution to the illicit drugs problem is the definitive solution to the problem of crops used for illicit purposes, for which purpose it is necessary to establish a new programme that, as a part of the structural transformation of the countryside targeted by the Comprehensive Rural Reform (Reforma Rural Integral, CRR), contributes to improving the well-being and quality of life of the populations affected by these crops.

That it is necessary to seek new options focussed on processes of substitution of crops used for illicit purposes and the implementation of Comprehensive Plans for the Substitution of Crops and Alternative Agrarian Development (Planes Integrales de Sustitución y Desarrollo Alternativo, CPSAD) which will form part of a new National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes (Programa Nacional Integral de Sustitución de Cultivos de Uso Ilícito, NCPS) which will have a new institutional structure.

That the definitive solution is possible if it constructed collectively by the communities —men and women — and the authorities by means of processes for participative planning, on the basis of the Government’s commitment to effectively implement the Comprehensive Rural Reform and the Comprehensive Plans for the Substitution of Crops and Alternative Agrarian Development and the commitment of the communities to making progress in the processes of voluntary substitution.

This commitment to voluntary substitution on the part of the communities is a fundamental factor in achieving the objectives.

That the solution to the problem of crops used for illicit purposes by means of the structural transformation across the country’s territories and the creation of well-being conditions involves the application and respect of the principles and regulations of the rule of law on the part of institutions and citizens.

That the solution to the illicit drugs problem also requires the tackling of the subject of drug use on the basis of the commitment and joint work between the authorities, communities and families around a policy for promoting health, prevention, harm reduction, comprehensive care and social inclusion of users, which must have an equity-based and gender-based approach.

That the definitive solution to the illicit drugs problem requires an intensification of the fight against the criminal organisations dedicated to drug trafficking and money laundering, which will also contribute to the creation of the conditions necessary for the implementation of the Agreement across the country’s territories and the construction of a stable and long-lasting peace.

That without prejudice to the limitations of the country to provide a definitive solution to a transnational problem, every effort will be made to transform the conditions of the communities across the country’s territories and to ensure that Colombia is a country without crops used for illicit purposes and without drug trafficking.

That in any case the definitive solution to the illicit drugs problem is a dynamic process that has to respond to the consensus of society and the international community, for which purpose it is necessary to open spaces for reflection and discussion that capture the feelings of the people affected, including the communities.

That all the foregoing is only possible with the genuine commitment of the Government and the contribution of the communities and society as a whole including the commitment of the FARC- EP to contribute in different ways to the definitive solution of the illicit drugs problem, which is an aim for all of Colombian society.

That all of the foregoing is only possible with the genuine commitment of everyone:

The commitment of the National Government to put in place policies and programmes in this respect, to intensify and tackle in a decisive manner the fight against corruption in institutions caused by the illicit drugs problem, and to lead an efficient national process to definitely break any kind of relationship between this scourge and the various spheres of public life.

The commitment of the FARC-EP to contribute in an effective manner, with the greatest determination and in different forms and by means of practical actions, to the definitive solution to the illicit drugs problem, and in an end-of-conflict scenario, terminating any relationship which may have arisen with this phenomenon as a result of the rebellion.

All the persons who have been involved in conducts associated with any link in the chain of crops used for illicit purposes and their derivatives within the context of the conflict and who appear before the Special Jurisdiction for Peace, must commit to furnishing the Judicial Panel for Acknowledgement of Truth, Responsibility and Determination of Facts and Conduct of the Special Jurisdiction for Peace, in a thorough, detailed manner, with whatever necessary facts they know concerning the acts committed and the circumstances in which they were committed, as well as necessary and sufficient information that they hold in order to attribute liability.

The foregoing must help guarantee the rights of victims to reparations and guarantees of non-recurrence.

The National Government and the FARC-EP declare their firm commitment to the definitive

solution to the illicit drugs problem.

The commitment of all of society as a whole, including all its different forms of political or social organisations, to reject any relationship with the illicit drugs problem and the money originating therefrom.

Lastly, the construction of a stable and long-lasting peace involves the disposition on the part of everyone to contribute to the clarification of the relationship between the conflict and the cultivation, production and sale of illicit drugs and the laundering of money resulting from this problem, so that drug trafficking never again threatens the future of the country.

Programmes for substitution of crops used for illicit purposes.

Comprehensive development plans with the participation of communities — men and women — in the planning, implementation and evaluation of the programmes for crop substitution and environmental regeneration of the areas affected by such crops.

Within the context of the end of the conflict and the building of peace, and with the aim of creating both material and intangible welfare and well-being conditions for the populations affected by crops used for illicit purposes, in particular for small-scale farmers in a situation of poverty that currently depend on these crops for their subsistence, and to thereby also find a sustainable and definitive solution to the problem of crops used for illicit purposes and to all the problems associated therewith across the country’s territories, the National Government will create and implement a new National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes (Programa Nacional Integral de Sustitución de Cultivos de Uso Ilícito, NCPS).

The new National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes will be the competent national authority, headed by the Presidency of the Republic, in coordination with the departmental and municipal authorities and will be civilian in nature without prejudice to its coordination with the state authorities required to ensure its full development, including those responsible for the security and protection of the communities in accordance with the concept of security set out in the Final Agreement.

The NCPS will initiate a process of participative planning to ensure the active and effective participation of communities — men and women — in the decision-making process and in the collective construction of solutions.

After signing the Final Agreement and under the terms agreed in Chapters 3 and 6 of the Agenda of the General Agreement the FARC-EP will participate in the Programme and contribute to solving the problems of crops used for illicit purposes.

The Programme will contribute to the structural transformations of rural society resulting from the implementation of the Comprehensive Rural Reform (CRR), of which it forms part, and to the establishment of the citizen participation mechanisms agreed upon.

The agreements reached herein will be implemented without prejudice to the commitments made by the Government and the authorities with communities and their organisations within the context of spaces for direct dialogue, in which the proper achievement thereof has been agreed.

Principles

Insofar as the National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes (NCPS) forms part of the Comprehensive Rural Reform (CRR), it will be governed by the following principles, in addition to the principles agreed within the framework of said Reform:

Integration in the Comprehensive Rural Reform (CRR): the NCPS is a component of the Comprehensive Rural Reform.

It deals with populations and territories with specific characteristics that consequently require additional special measures with respect to other rural communities.

The territories affected by crops used for illicit purposes may overlap with prioritised areas wherein the Development Programmes with a Territorial-Based Focus (Programas de Desarrollo con Enfoque Territorial, DPTFs) are implemented, in which case the acts and implementation of the Programme must be promoted within the context of the Action Plan for Regional Transformation of the territory in question.

In cases where the territories do not overlap with the DPTFs, comprehensive development plans will be implemented in agreement with communities, within the agricultural frontier, or the plans and programmes dealt with under the third sub-heading of section 1.1.10 will be implemented, with the aim of contributing to closing the agricultural frontier.

Integration also involves the inter-relation, engagement and linking of local, territorial and national matters.

In that respect, the NCPS will be integrated into the development plans at the different levels of territorial planning.

Concerted and participative collective construction:

the transformation of the territories and the alternatives for communities that inhabit the areas affected by crops used for illicit purposes, whether or not they are directly involved in these crops, will work on the basis of participative and collective construction between such communities and the national, departmental and municipal authorities in solving the problem of crops used for illicit purposes and overcoming conditions of poverty.

The collective construction will proceed from the decision of the communities — men and women — to abandon these crops and make the transition to other economic activities by means of crop substitution.

Consultation with the communities is an essential priority for planning and establishing guidelines for implementation and monitoring of the Programme in the territory.

Equity-based approach according to the conditions in each territory:

the NCPS implemented must have a territorial-based and gender-based approach under the terms defined in the CRR (Chapter 1), i.e. it must recognise and take account of the economic, cultural and social issues, characteristics and needs of the territories and rural communities, in particular of indigenous communities and communities of African descent, and of women in these communities and

territories, and ensure socio-environmental sustainability.

The participative nature of the NCPS will make it possible to draw up plans in accordance with the specific features and socioeconomic nature of the problem as it presents itself in the various regions across the country’s territories.

Respect and application of the principles and regulations of the rule of law and coexistence of citizens:

the achievement of the structural transformations of the territories guaranteeing the well-being and quality of life of the communities affected by the presence of crops used for illicit purposes and the transition towards legal economies involves the application and respect, by institutions and citizens, of the principles and regulations of the rule of law, the strengthening of democratic values, coexistence of citizens and the observance of human rights.

Voluntary substitution:

On the basis of the decision and commitment of cultivators to abandon crops used for illicit purposes, voluntary substitution is a fundamental principle of the Programme, in order to build trust among communities and create conditions that can contribute to solving the problem of crops used for illicit purposes, without detriment to the economic, social and environmental sustainability of the communities and the territories in question.

This involves action for promoting voluntary substitution and defining, together with the communities, crop substitution alternatives that are sustainable from an economic and socio-environmental perspective and sufficient to strengthen family-run economies, ensuring decent living conditions.

The aforesaid is on the understanding that the process of substitution and the sustainability thereof requires the support of the Government under the terms agreed with the communities. (

See item relating to “Agreement with the communities” and “Participative construction and development of comprehensive community-based and municipal plans for substitution of illicit crops and alternative agrarian development (CPSAD).

Aims

The National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes will be implemented within the framework and as a part of the Comprehensive Rural Reform (CRR) and must achieve the following aims:

Overcoming the conditions of poverty in rural communities, and in particular the family cores that form such communities, which have been affected by crops used for illicit purposes, by creating conditions of well-being and quality of life across the country’s territories;

and contributing to the structural transformations of rural society resulting from the implementation of the Comprehensive Rural Reform (CRR) and from the initiation of the components of Chapter 2 “Political Participation”.

Promoting the voluntary substitution of crops used for illicit purposes by driving forward the comprehensive community-based and municipal plans for substitution of crops used for illicit purposes and alternative agrarian development, drawn up in dialogue with and with the direct participation of the communities involved.

Creating policies and productive opportunities for growers —men and women— by promoting associative practices and solidarity-based economies;

and creating employment opportunities and policies for harvesters and and share-croppers4 associated with crops used for illicit purposes, within the framework of the CRR and with the possibility of choosing to be beneficiaries under the terms of section 1.1.3 thereof.

Contributing to the closure of the agricultural frontier, regeneration of ecosystems and sustainable development, under the terms agreed in section 1.1.10 of the CRR.

With this aim, the NCPS will support the development plans of the Peasant Enterprise Zones (Zonas de Reserva Campesina, PEZ) established and which may be established, as well as other forms of organisation or association, in cases where these overlap with areas affected by crops used for illicit purposes.

As established in Item 1, the Peasant Enterprise Zones are agrarian initiatives that contribute to the construction of peace, the safeguarding of the political, economic, social and cultural rights of small-scale farmers, to development with socio- environmental and food sustainability and to the reconciliation of Colombian citizens.

As a consequence, it will be considered a priority to deal with the measures laid out in section

1.1.10 of the CRR and in particular those relating to PEZs.

Strengthening the participation and capabilities of small-scale farmer’s organisations, including rural women’s organisations, to provide support (technical, financial, human support, inter alia) for their projects.

Involving women as active subjects in the agreement processes in relation to voluntary substitution, recognising their active role in the processes of rural development.

Strengthening the relationships of trust, solidarity and coexistence, and reconciliation within communities.

Contributing to the aims of the System for the progressive realisation of the right to food (Sistema para la garantía progresiva del derecho a la alimentación), according to the terms established in section 1.3.4 of the CRR.

Ensuring that the national territory is free from crops used for illicit purposes, whilst respecting human rights, the environment and well-being.

Strengthening the presence of state institutions in the territories affected by crops used for illicit purposes, promoting the comprehensive development and satisfaction of the rights of all citizens;

ensuring the security, coexistence and observance and protection of human rights;

and ensuring the provision of infrastructure, public services, education, access to media, inter alia, such that respect and application of the principles and regulations of the rule of law are ensured.

Security across the territories affected by crops used for illicit purposes will be ensured in consideration of the foundations and guarantees laid down in the Final Agreement and in compliance with the principles and obligations that inspire a rule of law.

Strengthening the management capabilities of communities and their organisations by means of the direct participation thereof in the preparation, implementation, monitoring, evaluation and citizen control and oversight of the NCPS, as a development of the principle of collective, participative and concerted construction between the communities — men and women — and the authorities.

4 Share-cropper (amediero): a rural inhabitant or tenant farmer who gives a part of each crop as rent.

Ensuring the sustainability of the NCPS across the country’s territories as a guarantee of the definitive solution to the problem of crops used for illicit purposes by means of continuous and persistent intervention by the state, which must be demonstrated in conditions of well- being and quality of life for the communities;

and by means of the participation and commitment of all parties including the FARC-EP after signing of the Final Agreement within the framework of their social and economic reincorporation.

Promoting and strengthening projects for investigation, reflection and analysis of the reality for women in relation to crops used for illicit purposes, in order to tackle the issue from an equity-based point of view.

Description and elements of the National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes

The National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes will be a special section of the Comprehensive Rural Reform (CRR) laid out in the present Agreement and will respond to the particular needs of the territories affected by crops used for illicit purposes.

In this context and in accordance with the principles and aims of the CRR, the NCPS will contribute to the creation of conditions enabling the communities that inhabit the areas affected by crops used for illicit purposes to enjoy conditions of well-being and quality of life and to allow persons directly linked to crops used for illicit purposes to have the opportunity to disengage fully from this activity.

To that end, the NCPS complements and is integrated with the plans and programmes agreed within the framework of the Comprehensive Rural Reform (CRR) of Chapter 1 with regard to access and land access and titling, land improvement, housing, technical assistance, stimuli for solidarity-based and cooperative economies, subsidies, generation of income and credit, marketing and sales, public procurement programmes as well as the provision of public services and assets.

The NCPS will promote the voluntary substitution of crops used for illicit purposes by driving forward the comprehensive community-based and municipal plans for substitution of crops used for illicit purposes and alternative agrarian development within the framework of the Comprehensive Rural Reform (CRR), planned in consultation with and with the direct participation of the communities involved — men and women.

It will be ensured that women are involved in the planning, implementation, monitoring and evaluation of the comprehensive plans for the substitution of crops used for illicit purposes and alternative agrarian development, and that women receive training to prevent gender-based violence associated with drugs.

In order to strengthen the capabilities of the NCPS and contribute to the effectiveness thereof in achieving the aim of creating conditions of well-being and quality of life for the population

affected by crops used for illicit purposes and ensuring a definitive solution to the problem of crops used for illicit purposes, the NCPS may link up community leaders.

The forms of participation and contribution by the FARC-EP will be defined in the discussion of Chapters 3 and 6 of the Agenda of the General Agreement.

The National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes will include the following elements:

Security conditions for the communities and territories affected by crops used for illicit purposes:

In addition to the creation of conditions for fulfilling the economic and social rights of the population and for comprehensive development, the sustainability of the NCPS and compliance with its aims at the same time require the provision of security conditions and guarantees for the communities and territories affected by crops used for illicit purposes, by strengthening the presence of state institutions and their capabilities to protect communities, in particular with regard to any kind of coercion or threat, and their interdiction and prosecution capabilities of territorial-based drug trafficking networks in accordance with the security concept laid out in the Final Agreement.

The protection of communities, the safeguarding of the right to life and the well-being of the rural population also require ensuring the performance of demining, for which purpose the National Government, after the signing of the Final Agreement and within the context of the implementation thereof, will establish a programme for demining and clearing the areas of the national territory that have been affected by the laying of anti-personnel mines and unexploded ordnance.

This is a joint aim to which the Government and the FARC-EP will contribute in different ways and as corresponds to each party, including the provision of information, under the terms set forth in the Final Agreement and as part of the mutual commitment with the aim of ending the conflict and building a stable and long-lasting peace.

The foregoing is without prejudice to the agreements reached with regard to fulfilling the rights of victims.

This commitment in particular involves the territories where the NCPS is being driven forward.

Agreements with communities:

An indisputable foundation of the definitive solution to the problem of crops used for illicit purposes is that it is voluntary and carried out by mutual agreement and therefore that it is the manifest will of the communities — men and women — to pursue alternative paths to crops used for illicit purposes, as well as the commitment of the Government to create and ensure decent

living and working conditions for well-being and quality of life.

In order to formalise that commitment and the decision to substitute crops used for illicit purposes, agreements will be concluded between communities, the National Government and territorial-based entities, prior to the implementation of the Programme in a territory.

The agreement includes the formalisation of both the commitment of communities to the voluntary substitution agreed upon, to refrain from replanting, the full commitment not to cultivate or be involved in work associated with the cultivation of crops used for illicit purposes and not to participate in the illegal sale of raw materials derived from them, and the commitment of the Government to the implementation of the Immediate Attention Plan (Plan de atención inmediata) and the establishment of the process of participative and concerted joint construction of the comprehensive community-based and municipal plans for substitution of crops used for illicit purposes and alternative agrarian development.

The agreements with the communities will define the timeframes for fulfilling the commitments made by the Government and the communities within the framework of the process of substitution.

It is a question of reaching agreements to keep territories free from crops used for illicit purposes.

Coexistence between being a beneficiary of a substitution programme and being linked to economies related to crops used for illicit purposes is not acceptable.

In cases where, in the context of concluding agreements with communities within the framework of the NCPS, there are some growers who do not declare their decision to substitute crops used for illicit purposes or fail to comply with the commitments made without the existence of unforeseeable circumstances or force majeure despite the best efforts of the Programme and the communities to persuade them, the Government will proceed to remove the crops manually, prior to a process of socialisation and information with the communities.

In cases where there is no agreement with the communities, the Government will proceed to remove the crops used for illicit purposes, prioritising manual removal where possible, bearing in mind respect for human rights, the environment, health and well-being.

If substitution is not possible, the Government does not waive the instruments that it believes to be most effective, including aerial spraying to ensure the eradication of crops used for illicit purposes.

The FARC-EP consider that in any case of removal this must be effected manually.

Prioritisation of territories:

The NCPS will have national coverage but the implementation thereof will be initially launched in the territories prioritised according to the following criteria:

Areas prioritised within the framework of the DPTFs, bearing in mind the principle of integration in the Comprehensive Rural Reform;

Density of crops used for illicit purposes and population density;

National Natural Parks (Parques Nacionales Naturales, NNP);

Cases where communities that are not situated within the territories identified in the preceding criteria have received special judicial treatment.

In those cases, special assistance measures will be set up in coordination with the regional and local authorities, which include access to the Government’s social support programmes without prejudice to the possibilities for access to the national plans agreed within the framework of the CRR and being beneficiaries under the terms established in section 1.1.5 of the CRR.

In places where the substitution plans do not overlap with the DPTFs, the communities will benefit from the national plans of the CRR and special programmes on the part of the departmental and municipal authorities in coordination with the NCPS.

Special judicial treatment:

Within the context of ending the conflict and as a result of its contribution to the construction of peace and the most effective use of judicial resources against criminal organisations linked to drug trafficking and on the basis of a comprehensive vision for the definitive solution of the problem of crops used for illicit purposes, which has multiple causes as its origin, including social order causes and in order to facilitate the start-up of the NCPS, the Government undertakes to process the legislative amendments required to allow the waiver on a transitional basis of the exercise of penal action or proceed to the termination of the penal sanction against small-scale farmers who are or have been linked to the cultivation of crops used for illicit purposes when, within a time limit of 1 year, starting from the entry into force of the new regulation, they formally declare before the competent authorities their decision to renounce the cultivation or maintenance of crops used for illicit purposes.

The Government will guarantee the deployment of the NCPS in all areas with crops used for illicit purposes this year so that agreements can be entered into with communities and so that their effective implementation can begin.

The regulatory amendment must establish the criteria for identifying small farmers of crops used for illicit purposes.

The voluntary declaration to renounce the cultivation of crops used for illicit purposes and from the continuation of said activity may be given on an individual basis or within the context of substitution agreements with the communities.

This treatment may be revoked due to any repetition of conduct associated with any link in the chain of crops used for illicit purposes and their derivatives.

Priority in the implementation will be given to programmes for the substitution of crops used for illicit purposes.

Participative construction and development of the comprehensive community-based and municipal plans for the substitution of illicit crops and alternative agrarian development (Planes integrales comunitarios y municipales de sustitución y desarrollo alternativo, CPSAD):

In consideration of the political, economic, social, environmental and cultural nature of the problem to be tackled and the effects resulting from the lack of development in rural areas, illegal economies and the violence associated with crops used for illicit purposes, the broadest possible

participation from communities — men and women — is required, including those communities directly involved with cultivation, in order to formulate, implement and monitor the CPSADs, thereby achieving the aims of the NCPS.

For these purposes and in order to strengthen local democracy, the municipality and the authorities thereof have to play a central role together with the communities.

This process of participative planning by communities jointly with the National Government and the local authorities must be the result of the formulation and implementation of the comprehensive substitution plans so as to achieve a structural transformation of the territory and thus the definitive solution to the problem of crops used for illicit purposes.

Community assemblies:

In order to establish the bottom-up participative planning process, community assemblies will be supported and strengthened, where there will be effective participation of men and women in the community, and monitoring units will be set up at municipal level and by the community assemblies.

The community assemblies form the basis of the participative planning scheme.

This begins with the drafting of a proposal containing a comprehensive vision for the territory and identifying the needs, opportunities and priorities, within the framework of the NCPS and in accordance with the content thereof.

The community assemblies will incorporate all the communities in the area affected, including the producers of crops used for illicit purposes, and will ensure the effective participation of women in these spaces.

The necessary assemblies will be formed, together with the communities, in each municipality, in accordance with the characteristics of the territory and the population, specifying the territorial-based scope of such assemblies.

The participative construction of a comprehensive vision for the territory firstly requires the preparation of a proposal on the basis of a collective diagnosis enabling the establishment of the social, economic and environmental characterisation of the territory, the funding needed for physical, social and institutional infrastructure, the prioritisation of projects that meet these needs, the opportunities for productive activities and the identification of areas with crops used for illicit purposes and their distribution across the territory.

The NCPS, as the competent national authority, will define and implement a participative planning methodology, guided by the methodology for the construction of the DPTFs and reflecting the contributions made by the assemblies.

The NCPS will provide technical assistance to communities in the process of constructing the comprehensive vision and the proposal, identifying the projects and priorities, in coordination with the municipalities.

Comprehensive community-based and municipal plans for substitution of illicit crops and alternative agrarian development

The various proposals of the community assemblies will form the basis for the construction of the comprehensive municipal plan for substitution of crops used for illicit purposes and alternative agrarian development for the areas affected by crops used for illicit purposes, which will be prepared and implemented with the active participation of the communities, including the social territorial-based organisations thereof.

Within the framework of the municipal plan and bearing in mind the proposals of the respective assemblies, the community-based plans will be prepared, which will form an integral part of the municipal plan.

Both the municipal plans and the community-based plans will be constructed between the communities, the national, departmental and municipal authorities and the NCPS, as the competent national authority.

In order to ensure that the various proposals of the assemblies are incorporated, prioritised, validated and coordinated in a municipal plan for substitution of crops used for illicit purposes and alternative agrarian development, the NCPS must set up municipal committees for participative planning with the municipal, departmental and national authorities involved in the implementation of the NCPS and with the delegates elected by the assemblies.

The municipal plan incorporating the proposals of the communities and formed of the community-based plans will form the basis for implementation of the NCPS.

The main units for participative planning at local level are the community assemblies and the municipal participative planning committees, of which the delegates of the assemblies form a structural component.

The structure and content of the plans are constructed on a bottom-up basis, from the level of the community assemblies, with the methodology of the NCPS and the technical assistance necessary taking into account the local technicians and those suggested by the communities.

In the construction of the municipal plan, the methodology must ensure the greatest possible participation and inclusion and the greatest possible faithfulness to the proposals of the assemblies, the maximum consensus possible and the optimisation and greatest degree of fairness in the use of the resources.

The NCPS will have direct contact with the communities in the definition and implementation of its guidelines.

The municipal plan that results from the exercise of participative planning within the framework of the municipal committees will be disclosed in an appropriate manner at the community assemblies in order to ensure understanding and social ownership thereof.

The community assemblies will elect their delegates and if they deem it necessary may form them as boards, committees, councils or any form of organisation that make decisions by means of a vote, in order to participate in the municipal committees for participative planning and in the councils for evaluation and monitoring of the plans for substitution of crops used for illicit purposes and alternative agrarian development, and to facilitate coordination between the assemblies and the authorities of the NCPS.

The delegates will be accountable for their management and activities to the community assemblies that they represent.

For the implementation of the substitution plans, preference shall be given to contracting community organisations and the creation of jobs in the areas related to the NCPS shall be promoted, for which purpose social and community organisations and cooperatives, also including rural women’s organisations, shall be strengthened and solidarity-based associative practices and technical training shall be promoted.

The crop substitution plans shall be incorporated in the municipal, departmental and national development plans.

Integration with the DPTFs

In cases where the NCPS overlaps with the areas prioritised by the Development Programmes with a Territorial-Based Focus DPTFs, (see Chapter 1), the integration necessary for the substitution plans and the action plan for regional transformation shall be effected bearing in mind the participative methodology established within the framework of what has been agreed in Chapter 1 for the construction of the action plans for regional transformation.

The methodology shall ensure the effective participation of the delegates from the community assemblies, and the consensus shall be the foundation for the decision-making process.

Monitoring and evaluation

The monitoring and evaluation of the implementation and achievement of the community-based plans shall be carried out together with the authorities, within the framework of the community assemblies, and shall serve as the basis for the monitoring and evaluation at municipal level with the participation of the delegates from the community assemblies.

The monitoring and evaluation of the implementation and achievement of the municipal plans shall be carried out periodically within the framework of the municipal councils for evaluation and monitoring of the plans for substitution of crops used for illicit purposes and alternative agrarian development, which shall be composed of the delegates from the community assemblies and the national, departmental and municipal authorities involved in the development of the NCPS.

The Council may invite the participation of other social and economic sectors of the municipality such as rural organisations, businesspeople, churches, educational institutions and non-governmental organisations.

The councils and community assemblies shall be spaces for accountability on the part of the NCPS, the authorities and the communities carrying out projects.

Components of the comprehensive plans for the substitution of crops:

Given the specific conditions of the communities that are particularly affected by crops used for illicit purposes, in addition to projects for the implementation of the National Plans agreed under

Chapter 1 (adaptation of land, road and communications infrastructure, social development, technical assistance, credit and financing, marketing, government purchases, etc.),

where appropriate, the comprehensive plans for the substitution of crops in these communities will include the following components:

Immediate attention plan and development of rural productive projects

Once a commitment has been made to substitution and to refrain from replanting crops used for illicit purposes, and with a view to helping growers, harvesters and share-croppers —men and women— to switch to a legal activity, through immediate support measures to ensure their livelihood and food security for their households;

and to ensure, for growers, harvesters and share-croppers and for communities in general, income and conditions of well-being and quality of life, by putting in place sustainable, long-term rural productive projects, the following measures will be implemented:

· For the households of growers involved with crops used for illicit purposes:

o Immediate food assistance consisting of direct delivery of groceries, or the equivalent in vouchers or any other system established according to the particular requirements of the territory in question, for up to one year, depending on the size of each household and the particular characteristics and needs of each population and region, and the development of income-generating projects.

Priority will be given to local suppliers for the provision of the groceries and solidarity associations will be fostered so that they can contract with the Government the procurement of foodstuffs.

o Establishment of vegetable gardens and delivery of smaller species of animals with the necessary technical support, provision of supplies and animal feed, in accordance with the preference of each household.

o Projects for generating rapid income, such as short-cycle crops, fish farming, poultry farming, inter alia, with the necessary technical support, targeted to meet the immediate needs of households and replace, expediently and to a sufficient degree, the income previously obtained from crops used for illicit purposes, in accordance with the preference of each household and the conditions and potential of the area.

At the same time, as part of the Comprehensive Rural Reform (CRR), long-term rural productive projects will be structured together with growers and small-scale producers in the territory— men and women— to provide families with better income and decent living conditions.

Priority will be given to food production and the creation of added value and production chains so as to meet in the first instance the demand of the communities themselves, but also to respond to niches in the domestic or international market.

In addition to agricultural and livestock activities, craft, industrial and service businesses will be promoted, especially those that generate added value with respect to what is produced by communities, and others of community interest in line with the potential of each region, so as to ensure a guaranteed income and decent employment for those in rural communities – the men and women – who are especially affected by crops used for illicit purposes.

There will be special measures to promote a cooperative system and solidarity economy.

These initiatives must be guided by the principles underlying the CRR, in particular

environmental sustainability and well-being and quality of life, and, where appropriate, help closing the agricultural frontier and promote regeneration of the environment.

In the case of share-croppers who are settled and opt to remain in the region, the same package of immediate assistance will be provided.

· For those men and women who work on the harvest, the initiatives will include:

o Food Assistance for harvesters living in the territories where the NCPS is implemented:

this will consist of direct delivery of groceries, or the equivalent in vouchers or any other system established according to the particular requirements of the territory in question, for up to one year, per household5, according to the particular characteristics of each population and region.

o Temporary employment opportunities for harvesters, both those who have settled in the region and those who have not:

the identification of community projects and other sources of employment arising as a result of the Comprehensive Rural Reform (CRR), in which priority will be given to members of the households of harvesters’ families.

This does not exclude the possibility of opting to be a beneficiary under the terms of section

1.1.3.

of the CRR.

These initiatives will be geared towards harvesters, both those who have settled in the region and those who have not, and settled share-croppers – men and women – living in the region that are identified in the census of the community assemblies and the NCPS carried out in a participative way.

For the community in general:

Early childhood:

in order to facilitate access to employment opportunities for women who are heads of households and to contribute to food security in early childhood, a programme of rural nurseries will be developed in the villages affected by crops used for illicit purposes.

School population:

in order to improve the food security of children of school age and maximise the numbers staying in education, a programme to build and fit out school canteens and supply food will be developed to ensure that every child attending school in the territories affected by crops used for illicit purposes receives breakfast, without prejudice to the agreed in section 1 of the Special Plan for Rural Education, in particular the emergency plans referred to in section 1.3.4 of the Comprehensive Rural Reform, System for the progressive realisation of the right to food.

Job opportunities:

mechanisms will be put in place to provide information to facilitate access to job opportunities arising as a result of the CRR and in particular the comprehensive plans for the substitution of crops and alternative agrarian development, which will enable communities living in territories affected by crops used for illicit purposes to identify and access the available job market, with the inclusion of special measures for rural women.

Only one member per harvester household may receive direct food assistance for their family.

A household may consist of just one person.

The elderly:

implementation of programmes to eradicate hunger among the elderly as per section 1.3.4 of the Comprehensive Rural Reform, System for the progressive realisation of the right to food.

Poverty alleviation and income generation programmes will be implemented.

Teams to provide basic health care will be set up, without prejudice to the provisions of section 1.3.2.1.

National Rural Health Plan.

To ensure the viability and sustainability of rural productive projects for the substitution of crops used for illicit purposes, the Government must implement the plans referred to in section 1.3.3 of the CRR regarding stimulating the cooperative and solidarity economy, technical assistance, subsidies, generation of income and credit, and marketing.

Support measures under the NCPS will be conditional on compliance with the schedule of commitments made by growers in the agreements on substitution and refrainment from replanting.

This is on the understanding that the process of substitution and the sustainability thereof require the support of the Government under the terms agreed with the communities.

The decision to voluntarily stop growing crops used for illicit purposes and to renounce being involved in this activity, may be expressed individually or through voluntary substitution pacts or agreements with communities.

In any case, there must be a full commitment to abstain from growing or being involved in work associated with growing, or participating in the illegal trade of raw materials derived from crops used for illicit purposes.

Fast-track social infrastructure works

In order to respond rapidly to the needs of communities, fast-track social infrastructure works will be identified within the plans and will be prioritised by the communities;

these will include rural roads, improvements to schools, health centres and communal buildings, without prejudice to the implementation of other infrastructure plans and programmes under the CRR.

Component relating to sustainability and environmental regeneration

To help closing of the agricultural frontier and promote environmental recovery, especially in the municipalities bordering areas of special environmental interest, the plans will include a component relating to sustainability and environmental protection, which shall include:

Actions aimed at recovery and soil adaptation for the establishment of legal crops.

Actions to mitigate environmental damage in areas of special environmental interest, fragile ecosystems and vulnerable hydrography and to promote the recovery of forests.

Environmentally sustainable rural productive projects and environmental protection projects in areas of special environmental interest, such as silvopasture projects and other programmes referred to in section 1.1.10.

Land titling plan

In order to promote access to land for men and women and to encourage the process of substitution of crops used for illicit purposes in areas where the commitments made by growers under the NCPS are fulfilled, land titling processes will be sped up under the terms set out in the Large-Scale Titling Plan discussed in section 1.1.5 of the CRR.

The Government will adapt the regulations to allow titling land to such beneficiaries, subject to the prior fulfilment of the commitments that guarantee that the property is free from crops used for illicit purposes and that no crops of that type will be re-sown.

Plans for remote areas and areas with low population density

In areas with low population density and areas which are difficult to access owing to location and distance, making it difficult to supply goods and services to ensure the well-being and quality of life for the people and the territorial-based integration thereof, special measures will be developed for the substitution of crops used for illicit purposes, recovery of ecosystems, creation of new employment opportunities related to river transport, environmental regeneration programmes, protection of forests and wildlife, etc.,

without prejudice to alternatives for relocation of communities settled there, where possible and necessary, in consultation with communities, to improve their living conditions.

Timescales, targets and indicators

The comprehensive plans for the substitution of crops and alternative agrarian development, like the Agreements, must include timescales for implementation with targets and indicators, including the commitments made by the community, so as to be able to measure the impact of projects on the conditions of well-being of communities – children and adults – and monitor the plan.

Implementation of the National Comprehensive Programme for the Substitution of Crops Used for Illicit Purposes in National Natural Parks (NNP)

To solve the problem posed by the presence of crops used for illicit purposes in NNP, and to ensure the well-being and quality of life of communities and the preservation and conservation of NNP, mechanisms for direct dialogue with communities will be established to construct agreements for the eradication of these crops that will ensure the control, restoration and effective protection of these areas.

For these purposes, the agreement set out under section 1.1.10 of the CRR, in particular the third subheading thereof, shall be used as a basis.

Communication strategy

A communication campaign will be launched to promote the substitution agreements and motivate communities and build confidence regarding participation in the processes of joint construction of municipal and community comprehensive plans for the substitution of crops, which should help improve living conditions and quality of life and constitute a definitive solution to the problem of crops used for illicit purposes;

and to highlight the commitment of the Government and the FARC-EP to contributing and supporting this goal.

Information on the NCPS and mechanisms for community participation in the various phases will be communicated directly through community meetings and indirectly through the media, particularly local and community media.

Financing

NCPS resources will be allocated in accordance with the provisions of the immediate attention plans and municipal and community comprehensive plans for the substitution of crops and alternative agrarian development and every effort will be made to ensure efficiency, effectiveness and timeliness in its implementation.

Public Health and Drug Use Prevention Programmes

Illicit drug use is a multi-causal phenomenon associated with the specific economic, social, family and cultural conditions of the society or environment of each person, and must be treated as a public health issue.

The solution requires commitment and collaboration between the authorities, the community and the family, based around a policy of health promotion, prevention, comprehensive care6 and social inclusion, with particular emphasis on children and adolescents.

Initiatives implemented in this regard must be underpinned by democratic and participatory principles with the involvement of society in general and, in particular, social workers specialising in this field.

The policy to tackle illicit drug use must be a priority and a state policy that requires, inter alia, the strengthening of capacities, both national and territorial-based, as part of the system of social protection, and the corresponding provision of resources.

6 Comprehensive care includes treatment, rehabilitation and harm reduction.

National Programme for Comprehensive Intervention into Illicit Drug Use (Programa Nacional de Intervención Integral frente al Consumo de Drogas Ilícitas):

The Government will set up the National Programme for Comprehensive Intervention into Illicit Drug Use as a high-level body to coordinate the institutions with authority in this area and oversee a participatory process for the review, adjustment and implementation of the policy to tackle drug use.

Principles:

The national policy to tackle illicit drug use will be guided by the following principles:

Human rights-based approach:

actions aimed at preventing and tackling drug use, as well as reducing risks and harm, must be set against a background of respect for and effective enjoyment of the rights of the persons involved, including non-stigmatisation and non- discrimination against the user and decisions not to prosecute owing to drug use.

Public health-based approach:

actions to tackle illicit drug use must be comprehensive, effective and sustainable over time, and include the promotion of a healthy lifestyle and living conditions, prevention of drug use, treatment and rehabilitation, based on the identification of the needs of the population from the health perspective.

Equity-based and gender-based approach:

against a background of respect for human rights, to ensure the actions to tackle drug use implemented actually meet the needs of users and are effective and sustainable, it is necessary to identify vulnerability factors associated with age, gender, disability status, socioeconomic status and geographical location or membership of the LGBTI population, etc.

Such actions should pay particular attention to the needs of adolescents in rural and urban areas.

This approach should take into account the relationship between illicit drug use and violence against women, especially domestic violence and sexual violence.

Measures will be provided for women, and adolescent and young girls.

In any case, the actions implemented must respect the ancestral use of the coca leaf by indigenous communities.