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

  • 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab Locate in agreement)
    ...
    10. Not to impede or hinder the implementation of partial humanitarian agreements. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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). (new-tab 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. (new-tab 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). (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab Locate in agreement)
    This shall include intelligence operations between the parties. (new-tab Locate in agreement)
    3. To avoid and evade and not to engage in armed contact with any unit of the parties under any circumstances. (new-tab Locate in agreement)
    Any armed contact or defensive action that occurs shall be stopped immediately. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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. (new-tab Locate in agreement)
    9. Not to plan or execute, or facilitate the execution of, any operation involving perfidy. (new-tab Locate in agreement)
    10. Not to impede or hinder the implementation of partial humanitarian agreements. (new-tab 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. (new-tab 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. (new-tab Locate in agreement)
    The mandate of the Monitoring and Verification Mechanism shall focus on compliance with this protocol of specific actions. (new-tab 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. (new-tab 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. (new-tab Locate in agreement)
    This shall include intelligence operations between the parties. (new-tab 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. (new-tab Locate in agreement)
    This shall include intelligence operations between the parties. (new-tab 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. (new-tab 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. (new-tab Locate in agreement)
    This shall include intelligence operations between the parties. (new-tab 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. (new-tab 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 (new-tab 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 (new-tab Locate in agreement)
    Eugenio Martínez Enríquez, Republic of Cuba (new-tab Locate in agreement)
    Jon Otto Brødholt, Kingdom of Norway (new-tab Locate in agreement)
    Raúl Vergara Meneses, Republic of Chile (new-tab Locate in agreement)
    Claudia Helietta González Hernández, United Mexican States (new-tab Locate in agreement)
    Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela​​. (new-tab 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). (new-tab 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. (new-tab 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. (new-tab 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. (new-tab 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​​.