Protocolo de Acciones Específicas para el Cese al Fuego Bilateral, Temporal y Nacional entre el Gobierno Nacional y el Ejercito de Liberacion Nacional - ELN

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Country/entity
Colombia
Region
Americas
Agreement name
Protocolo de Acciones Específicas para el Cese al Fuego Bilateral, Temporal y Nacional entre el Gobierno Nacional y el Ejercito de Liberacion Nacional - ELN
Date
9 Jun 2023
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Colombian Conflict (1964 - ) )
Stage
Ceasefire/related
Conflict nature
Government
Peace process
Colombia VI - Government-ELN post-2015 process
Parties
Delegation of the Government of the Republic of Colombia:

José Otty Patiño Hormaza, Head of delegation
Iván Danilo Rueda Rodríguez, High Commissioner for Peace
Orlando Romero Reyes
Rosmery Quintero Castro
Horacio Guerrero García
Adelaida Jiménez Cortés
Carlos Alfonso Rosero
Olga Lilia Silva López
Iván Cepeda Castro
José Félix Lafaurie Rivera
Dayana Paola Urzola Domicó
Rodrigo Botero García
Nigeria Rentería Lozano
Álvaro Matallana Eslava
María José Pizarro Rodríguez.

Delegation of the Ejército de Liberación Nacional – ELN:

Pablo Beltrán, Head of delegation
Aureliano Carbonell
Bernardo Téllez
Isabel Torres
Manuel Gustavo Martínez
María Consuelo Tapias
Tomás García Laviana
Simón Pabón
Mauricio Iguarán.
Third parties
As observer of the armed forces:

Maj. Gen. Hugo Alejandro López Barreto.

As witnesses and depositaries (Guarantor countries):

Glivânia Maria de Oliveira, Federative Republic of Brazil
Eugenio Martínez Enríquez, Republic of Cuba
Jon Otto Brødholt, Kingdom of Norway
Raúl Vergara Meneses, Republic of Chile
Claudia Helietta González Hernández, United Mexican States
Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela.

Permanent accompanying partners:

Carlos G. Ruiz Massieu, Special Representative of the United Nations Secretary-General
Msgr. Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia.
Description
Short protocol agreement connected to the bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN). The agreement substantively sets out the conditions to be followed by the parties in adherence with the ceasefire, namely the actions of the Monitoring and Verification Mechanism (MVM). Beyond general discouragement of violence or hostile language between parties, the agreement provides for the mobility and access of the MVM around the country, generally calling for humanitarian structures to be uninhibited and for clear communication of the ceasefire and humanitarian agreements to people and between the parties.

Groups

Children/youth
Groups→Children/youth→Rhetorical
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms. ( Locate in agreement)
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Groups→Racial/ethnic/national group→Rhetorical
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms. ( Locate in agreement)
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
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms. ( Locate in agreement)
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members. ( Locate in agreement)
...
10. Not to impede or hinder the implementation of partial humanitarian agreements. ( Locate in agreement)
11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel. ( Locate in agreement)
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms. ( Locate in agreement)
Bill of rights/similar
No specific mention.
Treaty incorporation
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
1. To refrain from carrying out actions prohibited by international humanitarian law, particularly those contained in Additional Protocol II of 1977 to the Geneva Conventions. ( Locate in agreement)
Civil and political rights
Human rights and equality→Civil and political rights→Liberty and security of person
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
12. Not to omit information to the Monitoring and Verification Mechanism when persons that concern one of the parties are deprived of liberty during the ceasefire. ( Locate in agreement)
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
Rights related issues→Media and communication→Media roles
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
7. The parties shall not use disrespectful or stigmatizing language or create fake news that affects the good name and reputation of any of the parties. ( Locate in agreement)
Rights related issues→Media and communication→Other
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel. ( Locate in agreement)
Mobility/access
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
4. Not to obstruct the coordination, supervision and control activities or the movements of the members of the local, regional or national bodies of the Monitoring and Verification Mechanism. ( Locate in agreement)
...
6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members. ( Locate in agreement)
Protection measures
Rights related issues→Protection measures→Protection of civilians
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms. ( Locate in agreement)
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→Humanitarian assistance
These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army). ( Locate in agreement)
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms. ( Locate in agreement)
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
Security sector→Ceasefire→Ceasefire provision
These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army). ( Locate in agreement)
Furthermore, pursuant to the ceasefire agreement signed between the Government of Colombia and ELN on 8 June 2023, this protocol establishes the specific actions with which the parties must comply. ( Locate in agreement)
This protocol sets out the actions that underlie the activity of the Monitoring and Verification Mechanism, which shall apply to ELN and the Government of Colombia in compliance with the ceasefire agreement. ( Locate in agreement)
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
1. To refrain from carrying out actions prohibited by international humanitarian law, particularly those contained in Additional Protocol II of 1977 to the Geneva Conventions. ( Locate in agreement)
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units. ( Locate in agreement)
This shall include intelligence operations between the parties. ( Locate in agreement)
3. To avoid and evade and not to engage in armed contact with any unit of the parties under any circumstances. ( Locate in agreement)
Any armed contact or defensive action that occurs shall be stopped immediately. ( Locate in agreement)
4. Not to obstruct the coordination, supervision and control activities or the movements of the members of the local, regional or national bodies of the Monitoring and Verification Mechanism. ( Locate in agreement)
5. Not to omit information that must be transmitted through the established communication channels to avoid incidents and guarantee the technical efficiency required by the Monitoring and Verification Mechanism at the national, regional or local levels. ( Locate in agreement)
6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members. ( Locate in agreement)
7. The parties shall not use disrespectful or stigmatizing language or create fake news that affects the good name and reputation of any of the parties. ( Locate in agreement)
8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way. ( Locate in agreement)
9. Not to plan or execute, or facilitate the execution of, any operation involving perfidy. ( Locate in agreement)
10. Not to impede or hinder the implementation of partial humanitarian agreements. ( Locate in agreement)
11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel. ( Locate in agreement)
12. Not to omit information to the Monitoring and Verification Mechanism when persons that concern one of the parties are deprived of liberty during the ceasefire. ( Locate in agreement)
The mandate of the Monitoring and Verification Mechanism shall focus on compliance with this protocol of specific actions. ( Locate in agreement)
The peace talks panel shall continue analysing matters not included herein to reach consensus regarding their inclusion in the mandate of the Monitoring and Verification Mechanism. ( Locate in agreement)
Police
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units. ( Locate in agreement)
This shall include intelligence operations between the parties. ( Locate in agreement)
Armed forces
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units. ( Locate in agreement)
This shall include intelligence operations between the parties. ( Locate in agreement)
DDR
Security sector→DDR→Demilitarisation provisions
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way. ( Locate in agreement)
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units. ( Locate in agreement)
This shall include intelligence operations between the parties. ( Locate in agreement)
...
8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way. ( Locate in agreement)
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
Carlos G. Ruiz Massieu, Special Representative of the United Nations Secretary-General ( Locate in agreement)
Other international signatory
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
Glivânia Maria de Oliveira, Federative Republic of Brazil ( Locate in agreement)
Eugenio Martínez Enríquez, Republic of Cuba ( Locate in agreement)
Jon Otto Brødholt, Kingdom of Norway ( Locate in agreement)
Raúl Vergara Meneses, Republic of Chile ( Locate in agreement)
Claudia Helietta González Hernández, United Mexican States ( Locate in agreement)
Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela. ( Locate in agreement)
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army). ( Locate in agreement)
Furthermore, pursuant to the ceasefire agreement signed between the Government of Colombia and ELN on 8 June 2023, this protocol establishes the specific actions with which the parties must comply. ( Locate in agreement)
This protocol sets out the actions that underlie the activity of the Monitoring and Verification Mechanism, which shall apply to ELN and the Government of Colombia in compliance with the ceasefire agreement. ( Locate in agreement)
THEREFORE, THE GOVERNMENT OF COLOMBIA AND ELN MAKE THE FOLLOWING COMMITMENTS:
...
The mandate of the Monitoring and Verification Mechanism shall focus on compliance with this protocol of specific actions. ( Locate in agreement)
Related cases
No specific mention.
Source
No specific mention.

Protocol on specific actions for the temporary bilateral national ceasefire between the Government of Colombia and the Ejército de Liberación Nacional (National Liberation Army)

These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.

These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army).

Furthermore, pursuant to the ceasefire agreement signed between the Government of Colombia and ELN on 8 June 2023, this protocol establishes the specific actions with which the parties must comply.

This protocol sets out the actions that underlie the activity of the Monitoring and Verification Mechanism, which shall apply to ELN and the Government of Colombia in compliance with the ceasefire agreement.

Therefore, the Government of Colombia and ELN make the following commitments:

1. To refrain from carrying out actions prohibited by international humanitarian law, particularly those contained in Additional Protocol II of 1977 to the Geneva Conventions.

2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units.

This shall include intelligence operations between the parties.

3. To avoid and evade and not to engage in armed contact with any unit of the parties under any circumstances.

Any armed contact or defensive action that occurs shall be stopped immediately.

4. Not to obstruct the coordination, supervision and control activities or the movements of the members of the local, regional or national bodies of the Monitoring and Verification Mechanism.

5. Not to omit information that must be transmitted through the established communication channels to avoid incidents and guarantee the technical efficiency required by the Monitoring and Verification Mechanism at the national, regional or local levels.

6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members.

7. The parties shall not use disrespectful or stigmatizing language or create fake news that affects the good name and reputation of any of the parties.

8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way.

9. Not to plan or execute, or facilitate the execution of, any operation involving perfidy.

10. Not to impede or hinder the implementation of partial humanitarian agreements.

11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel.

12. Not to omit information to the Monitoring and Verification Mechanism when persons that concern one of the parties are deprived of liberty during the ceasefire.

The mandate of the Monitoring and Verification Mechanism shall focus on compliance with this protocol of specific actions.

The peace talks panel shall continue analysing matters not included herein to reach consensus regarding their inclusion in the mandate of the Monitoring and Verification Mechanism.

Havana, Republic of Cuba, 9 June 2023.

Delegation of the Government of the Republic of Colombia:

José Otty Patiño Hormaza, Head of delegation

Iván Danilo Rueda Rodríguez, High Commissioner for Peace

Orlando Romero Reyes

Rosmery Quintero Castro

Horacio Guerrero García

Adelaida Jiménez Cortés

Carlos Alfonso Rosero

Olga Lilia Silva López

Iván Cepeda Castro

José Félix Lafaurie Rivera

Dayana Paola Urzola Domicó

Rodrigo Botero García

Nigeria Rentería Lozano

Álvaro Matallana Eslava

María José Pizarro Rodríguez.

Delegation of the Ejército de Liberación Nacional – ELN:

Pablo Beltrán, Head of delegation

Aureliano Carbonell

Bernardo Téllez

Isabel Torres

Manuel Gustavo Martínez

María Consuelo Tapias

Tomás García Laviana

Simón Pabón

Mauricio Iguarán.

As observer of the armed forces:

Maj. Gen. Hugo Alejandro López Barreto.

As witnesses and depositaries (Guarantor countries):

Glivânia Maria de Oliveira, Federative Republic of Brazil

Eugenio Martínez Enríquez, Republic of Cuba

Jon Otto Brødholt, Kingdom of Norway

Raúl Vergara Meneses, Republic of Chile

Claudia Helietta González Hernández, United Mexican States

Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela.

Permanent accompanying partners:

Carlos G. Ruiz Massieu, Special Representative of the United Nations Secretary-General

Msgr.

Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia.