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Agreement between National Government and ELN to establish peace talks in Colombia

  • Country/entity

    Colombia
  • Region

    Americas
  • Agreement name

    Agreement between National Government and ELN to establish peace talks in Colombia
  • Date

    30 Mar 2016
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

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

    Pre-negotiation/process
  • Conflict nature

    Government
  • Peace process

    Colombia V - Santos
  • Parties

    -
  • Third parties

    -
  • Description

    -


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform
    Governance→Political parties reform→Rebels transitioning to political parties
    Page 2, 5. The end of the armed conflict
    The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:
    a) Definition of the future legal situation of the ELN and its members.

    c) Conditions and guarantees for the exercise of politics for the ELN.
  • Civil society
    Page 2, I. AGENDA
    1. Participation of the Society in the Contraction of Peace
    The participation of the society will be:
    a) In function of initiatives and proposals, that make peace viable, in the course of this
    process and context.

    b) About the issues in the agenda.

    c) A dynamic and active exercise, inclusive and pluralist, that allows the construction of a common vision for peace that favors transformations for the nation and the regions.

    Page 2, 2. Democracy for Peace
    Democracy for peace is the purpose of this point of the agreement:
    a) Carry out a debate that allows for the examination of the participation and the decisionmaking of the society in the problems that affect their reality, and can channel in constructive elements for the society.
    b) Treatment of the conflicts towards the construction of peace.
    c) Revision of the regulatory framework and guarantees for public manifestations. Treatment of the legal situation of the accused and convicted for acts in social protest.
    d) Participation of the society in the construction of citizenry.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→Other
    Page 3, 3. The functioning of the talks
    a) Each Delegation will be made up of at most 30 representatives. In the sessions of the talks up to 10 people from each delegation will participate, 5 principals and 5 substitutes.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Other
    Page 2, 2. Democracy for Peace
    Democracy for peace is the purpose of this point of the agreement:
    c) A dynamic and active exercise, inclusive and pluralist, that allows the construction of a common vision for peace that favors transformations for the nation and the regions.
    3. Transformation for Peace
    Agreeing to transformations for peace is the purpose of this point, keeping in mind:

    c) Alternative integral plans with a territorial focus, that constitute economic and productive options that benefit the communities.
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizenship other
    Page 2, 2. Democracy for Peace
    Democracy for peace is the purpose of this point of the agreement:
    ..
    d) Participation of the society in the construction of citizenry.
    3. Transformation for Peace
    Agreeing to transformations for peace is the purpose of this point, keeping in mind:
    a) The transforming proposals prepared by the society, supported in the results of the second point of this agenda (“Democracy for peace”).
    b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
    c) Alternative integral plans with a territorial focus, that constitute economic and productive options that benefit the communities.
  • Democracy
    Page 1, Preamble
    …Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated; centering the treatment of the situation of the victims; and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.
    Page 2, 2. Democracy for Peace
    Democracy for peace is the purpose of this point of the agreement:
    a) Carry out a debate that allows for the examination of the participation and the decisionmaking of the society in the problems that affect their reality, and can channel in constructive elements for the society.
    b) Treatment of the conflicts towards the construction of peace.
    c) Revision of the regulatory framework and guarantees for public manifestations. Treatment of the legal situation of the accused and convicted for acts in social protest.
    d) Participation of the society in the construction of citizenry.
  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 2, 3. Transformation for Peace
    Agreeing to transformations for peace is the purpose of this point, keeping in mind:

    b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 2, 5. The end of the armed conflict
    The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:

    f) Humanitarian dynamics and actions.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 3, 4. Funding
    The Colombian government will arrange the resources for the functioning of its delegation. The costs related to the ELN (Delegation, consultants and activities carried out during the process will be financed by a fund of international cooperation resources, that will be established with this intention, and there will be a group of countries formed for support and cooperation for this reason.
  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment
    Page 2, 3. Transformation for Peace
    Agreeing to transformations for peace is the purpose of this point, keeping in mind:

    b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 2, 5. The end of the armed conflict
    The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:
    g) Bilateral cease fire and end of hostilities for the termination of the armed conflict.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 2, 5. The end of the armed conflict
    The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:


    e) Elucidate the phenomenon of paramilitarism so that it does not happen again.
  • Withdrawal of foreign forces

    No specific mention.

  • Corruption
    Page 2, 3. Transformation for Peace
    Agreeing to transformations for peace is the purpose of this point, keeping in mind:

    b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general
    Page 2, 4. Victims
    In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting. The union of these elements lays the foundation for the pardon and projects the process of reconciliation.
  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims
    Page 1, Preamble
    …Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated; centering the treatment of the situation of the victims; and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.

    Page 2, 4. Victims
    In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting. The union of these elements lays the foundation for the pardon and projects the process of reconciliation.
  • Missing persons

    No specific mention.

  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 2, 4. Victims
    In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting. The union of these elements lays the foundation for the pardon and projects the process of reconciliation.
  • Reconciliation
    Page 1, Preamble
    …Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated; centering the treatment of the situation of the victims; and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement
    Page 3, 6. Implementation
    The implementation is focused on the execution of the agreements in the agenda, to materialize the changes that allow for the armed conflict to go towards peace, keeping in mind the following:
    d) Agreement about referendum that consolidates the agreed and the projected for the future.
  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 1, Preamble
    The exploratory talks were carried out between January 2014 and March 2016 in the Republic of Ecuador, the Federative Republic of Brazil and the Bolivarian Republic of Venezuela, whose governments acted as guarantors along with the government of Norway: during this phase the governments of the Republic of Cuba and the Republic of Chile acted as observers.
    Page 2, 6. Implementation
    The implementation is focused on the execution of the agreements in the agenda, to materialize the changes that allow for the armed conflict to go towards peace, keeping in mind the following:
    a) The implementation phase of the agreements will be defined by a General Plan of Execution that fundamentally will be built with the specific plans from each point of the agenda. This plan will be elaborated in this point and will count on a timetable.
    b) The General Plan of Execution of agreements will include mechanisms of control, monitoring and verification, that will count on the participation of the society, the international community, the Government and the ELN.
    c) The General Plan of Execution of agreements will take into account the following dimensions: legal, political, social, economic and diplomatic.
    d) Agreement about referendum that consolidates the agreed and the projected for the future.
    e) The signing of the final agreement would be the start of the General Plan of Execution of agreements.
  • Related cases

    No specific mention.

  • Source
    Oficina del Alto Comisionado para la Paz
    http://www.altocomisionadoparalapaz.gov.co/dialagos-eln/Paginas/Comunicados-conjuntos/Comunicados-Conjuntos-Dialogos-ELN.aspx

Agreement between the National Government and the National Liberation Army to establish peace talks in Colombia

March 2016

The government of the Republic of Colombia (National Government) and the National Liberation Army (ELN), hereby known as “the delegations,” as a result of the confidential and exploratory talks, and due to their disposition for peace, have called for the installation of a public talks, to address the points that have been established in the agenda, with the goal of reaching a final agreement to end the armed conflict and agree to transformations to create a Colombia in peace and equality.

The exploratory talks were carried out between January 2014 and March 2016 in the Republic of Ecuador, the Federative Republic of Brazil and the Bolivarian Republic of Venezuela, whose governments acted as guarantors along with the government of Norway:

during this phase the governments of the Republic of Cuba and the Republic of Chile acted as observers.

To all of them the National Government and the ELN express deep recognition and gratitude.

The continuation of the accompaniment by the international community is essential.

Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated;

centering the treatment of the situation of the victims;

and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.

As the delegations we have agreed to:

1) Install a table of public talks in Ecuador

2) The sessions of the table will be held in Ecuador, Venezuela, Chile, Brazil and Cuba.

These countries along with Norway will be the guarantors.

3) To advance the talks direct and without interruption between the delegations of the Government and the ELN.

4) Execute the agenda with the great speed and rigor.

5) Carry out the following agenda:

I. AGENDA

1. Participation of the Society in the Contraction of Peace The participation of the society will be:

a) In function of initiatives and proposals, that make peace viable, in the course of this process and context.

b) About the issues in the agenda.

c) A dynamic and active exercise, inclusive and pluralist, that allows the construction of a common vision for peace that favors transformations for the nation and the regions.

2. Democracy for Peace Democracy for peace is the purpose of this point of the agreement:

a) Carry out a debate that allows for the examination of the participation and the decision-making of the society in the problems that affect their reality, and can channel in constructive elements for the society.

b) Treatment of the conflicts towards the construction of peace.

c) Revision of the regulatory framework and guarantees for public manifestations.

Treatment of the legal situation of the accused and convicted for acts in social protest.

d) Participation of the society in the construction of citizenry.

3. Transformation for Peace Agreeing to transformations for peace is the purpose of this point, keeping in mind:

a) The transforming proposals prepared by the society, supported in the results of the second point of this agenda (“Democracy for peace”).

b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.

c) Alternative integral plans with a territorial focus, that constitute economic and productive options that benefit the communities.

4. Victims In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting.

The union of these elements lays the foundation for the pardon and projects the process of reconciliation.

5. The end of the armed conflict The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics.

For which the following points will be addressed:

a) Definition of the future legal situation of the ELN and its members.

b) Conditions and guarantees for the security for the ELN.

c) Conditions and guarantees for the exercise of politics for the ELN.

d) Deal with the deprivation of liberty of the members of the ELN who have been processed or convicted.

e) Elucidate the phenomenon of paramilitarism so that it does not happen again.

f) Humanitarian dynamics and actions.

g) Bilateral cease fire and end of hostilities for the termination of the armed conflict.

h) In the setting of the new circumstances generated by this process, an agreement about the arms of the ELN will be created to put an end to the armed conflict.

The government will make the institutional and procedural changes necessary to make sure the agreements in this point can be met.

6. Implementation The implementation is focused on the execution of the agreements in the agenda, to materialize the changes that allow for the armed conflict to go towards peace, keeping in mind the following:

a) The implementation phase of the agreements will be defined by a General Plan of Execution that fundamentally will be built with the specific plans from each point of the agenda.

This plan will be elaborated in this point and will count on a timetable.

b) The General Plan of Execution of agreements will include mechanisms of control, monitoring and verification, that will count on the participation of the society, the international community, the Government and the ELN.

c) The General Plan of Execution of agreements will take into account the following dimensions:

legal, political, social, economic and diplomatic.

d) Agreement about referendum that consolidates the agreed and the projected for the future.

e) The signing of the final agreement would be the start of the General Plan of Execution of agreements.

II. Public phase

1. Objective information for the country about the course of the debate and the advances in the talks:

a) The society requires objective and balanced information about the talks and the peace process, in order to promote the effect, amongst others, of participatory communication.

b) Joint declarations at the end of every cycle and when the delegations consider it best.

c) Declarations from every Delegation when they consider it best, preserving confidentiality in issues that they agree to.

d) The talks will have its own instruments of communication, such as the joint communiqués, bulletins, website and the rest which will be agreed upon during the public phase.

2. The pedagogy for peace will be supported by:

a) Participation of the society.

b) Advocacy from the talks in the transformation of the armed conflict.

c) Creation of a favorable environment for peace.

d) Communicate this pedagogy as an element in the construction of a culture of peace.

e) The peace talks will take place in a respectful environment.

3. The functioning of the talks

a) Each Delegation will be made up of at most 30 representatives.

In the sessions of the talks up to 10 people from each delegation will participate, 5 principals and 5 substitutes.

b) The talks in the public phase will be carried out in agreement with the order of the established agenda.

Any changes will be done through mutual agreement.

c) As soon as the process is made public, mechanisms will be established with the talks in Havana to identify issues that require coordination and synchrony.

d) The delegations will agree to regulations of functioning of the talks for the public phase.

e) In each work session the length of time for the next session will be established.

The duration of the meetings, the breaks between each one and the consultations will be defined in agreement with the advance and needs of the joint work or by delegation.

The time of joint work will be prioritized in order to carry out the agenda.

f) Every delegation will have the consultants that they consider necessary for the development of the process, likewise for the public talks.

g) For the treatment of the proposals received about the points of the agenda, there will be special importance given to those that come from the society.

The delegations will define the methodology of the work and the forms in which these initiatives will be considered, such as the mechanisms and forms of participation of the society.

h) Security mechanisms for the members of the delegations during their time in the work sessions and in the trips will be decided on.

4. Funding The Colombian government will arrange the resources for the functioning of its delegation.

The costs related to the ELN (Delegation, consultants and activities carried out during the process) will be financed by a fund of international cooperation resources, that will be established with this intention, and there will be a group of countries formed for support and cooperation for this reason.

Delegación del ELN para los Diálogos

prensa@eln-paz.org

www.eln-paz.org

@eln_paz