Reglamento Operativo del Comite Nacional de la Participacion

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Reglamento Operativo del Comite Nacional de la Participacion
  • Date
    14 Jul 2023
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Colombian Conflict (1964 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Colombia VI - Government-ELN post-2015 process
  • Parties
    Delegation of the Government of the Republic of Colombia:

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

    Delegation of the Ejército de Liberación Nacional – ELN:

    (Signed) Pablo Beltrán, Head of delegation
    (Signed) Aureliano Carbonell
    (Signed) Bernardo Téllez
    (Signed) Manuel Gustavo Martínez
    (Signed) María Consuelo Tapias
    (Signed) Isabel Torres
    (Signed) Simón Pabón
    (Signed) Mauricio Iguarán
    As observers for the Armed Forces:

    (Signed) Brig. Gen. William Oswaldo Rincón Zambrano
    (Signed) Maj. Gen. Hugo Alejandro López Barreto
  • Third parties
    Laura Berdine Santos Delamonica, Federative Republic of Brazil ;

    Patricia Esquenazi Marín, Republic of Chile;

    Eugenio Martínez Enríquez, Republic of Cuba;

    Roberto de León Huerta, United Mexican States;

    Peder Østebø, Kingdom of Norway;

    Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela;

    Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia;

    Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia
  • Description
    In the third round of negotiations between the Colombian government and the ELN, the parties agreed to a the Cuba Agreements, negotiated in Havana, Cuba, which provided for a six-month ceasefire beginning on August 3 2023. These agreements also stipulated the creation of the National Committee on Participation that would engage representatives from across Colombian society in designing the peace framework. This document details the role and functions of the National Committee on Participation within the broader peace process.


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
    Groups→Racial/ethnic/national group→Substantive
    4.COMPOSITION OF THE NATIONAL COMMITTEE ON PARTICIPATION
    The National Committee on Participation shall consist of 81 representatives of the 30 social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the Participation Agreement. (new-tab Locate in agreement)
    Upon invitation from the peace talks panel, each social movement, ethnic people, organization, trade association and institution shall publicly accept the membership invitation and the criteria set forth in annex 2 to the Participation Agreement, and appoint its representatives. (new-tab Locate in agreement)
    ...
    Although appointments would have to be permanent, the social movements, ethnic peoples, organizations, trade associations and institutions may independently change their representatives, provided that they notify the peace talks panel accordingly. (new-tab Locate in agreement)
    ...
    7.COORDINATING BODY
    ...
    THE COORDINATING BODY SHALL HAVE THE FOLLOWING FUNCTIONS:
    ...
    (b) Request the social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the first Cuba Agreement to appoint their respective representatives to the Committee. (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
    5.ROLE OF THE PEACE TALKS PANEL IN THE NATIONAL COMMITTEE ON PARTICIPATION
    ...
    It shall ensure that as many women as possible participate in that effort. (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
    1.NATURE OF THE NATIONAL COMMITTEE ON PARTICIPATION
    ...
    9 (first Cuba Agreement) and its two annexes, hereinafter referred to as the “Participation Agreement”, the National Committee on Participation is a special temporary body convened and coordinated by the peace talks panel to support the design phase of the process of participation of society in peacebuilding. (new-tab Locate in agreement)
    ...
    2.FUNCTIONS OF THE NATIONAL COMMITTEE ON PARTICIPATION FOR THE DESIGN OF THE PARTICIPATION PROCESS
    (a) Promote and develop spaces for dialogue with a differential approach, in which the various components of society can present their proposals to design the participation process. (new-tab Locate in agreement)
    (b) Develop methodologies for the workshops, meetings and activities of the participation design phase, bringing together and coordinating with a broad array of experts, organizations, sectors and social movements. (new-tab Locate in agreement)
    (c) Systematize the various proposals that emerge from the deliberations of the National Committee on Participation and the sectoral and regional and local meetings, and those made by the general public. (new-tab Locate in agreement)
    ...
    (e) On the basis of the contributions made by the general public, choose and develop a model for participation and a set of recommendations on the subject to be submitted to the peace talks panel. (new-tab Locate in agreement)
    ...
    4.COMPOSITION OF THE NATIONAL COMMITTEE ON PARTICIPATION
    The National Committee on Participation shall consist of 81 representatives of the 30 social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the Participation Agreement. (new-tab Locate in agreement)
    Upon invitation from the peace talks panel, each social movement, ethnic people, organization, trade association and institution shall publicly accept the membership invitation and the criteria set forth in annex 2 to the Participation Agreement, and appoint its representatives. (new-tab Locate in agreement)
    ...
    Furthermore, the National Committee on Participation shall organize gatherings and meetings with various sectors to ensure that proposals for the participation plan and model are heard and received from those sectors that lack a coordinating body to appoint representatives. (new-tab Locate in agreement)
    The National Committee on Participation shall provide support for the meetings organized for different sectors and national trade associations during the design phase of the participation process. (new-tab Locate in agreement)
    ...
    Although appointments would have to be permanent, the social movements, ethnic peoples, organizations, trade associations and institutions may independently change their representatives, provided that they notify the peace talks panel accordingly. (new-tab Locate in agreement)
    5.ROLE OF THE PEACE TALKS PANEL IN THE NATIONAL COMMITTEE ON PARTICIPATION
    ...
    Upon completion of the design phase, the panel shall adopt a model and the national plan for participation. (new-tab Locate in agreement)
    ...
    7.COORDINATING BODY
    ...
    THE COORDINATING BODY SHALL HAVE THE FOLLOWING FUNCTIONS:
    ...
    (b) Request the social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the first Cuba Agreement to appoint their respective representatives to the Committee. (new-tab Locate in agreement)
    ...
    (e) Promote the establishment of bodies that encourage society to participate in the peace process. (new-tab Locate in agreement)
    ...
    THE FUNCTIONS OF THE WORKING GROUPS SHALL BE:
    ...
    10.MEETINGS OF THE NATIONAL COMMITTEE ON PARTICIPATION
    ...
    The Committee may invite national and international members of organizations, institutions, universities, research centres and experts on topics of interest to contribute to its work and discussions. (new-tab Locate in agreement)
  • Traditional/religious leaders
    7.COORDINATING BODY
    ...
    The Special Representative of the Secretary-General of the United Nations in Colombia and the Episcopal Conference of Colombia shall assist with the formation of those teams. (new-tab Locate in agreement)
    THE COORDINATING BODY SHALL HAVE THE FOLLOWING FUNCTIONS:
    ...
    8.TECHNICAL SECRETARIAT OF THE NATIONAL COMMITTEE ON PARTICIPATION
    ...
    The role of the technical secretariat shall be to ensure that the material requirements for the Committee’s functioning are met, with the support of the Special Representative of the United Nations Secretary-General in Colombia and the Episcopal Conference of Colombia. (new-tab Locate in agreement)
    ...
    THE FUNCTIONS OF THE WORKING GROUPS SHALL BE:
    ...
    11.CRITICAL OPERATIONAL SUPPORT FUNCTIONS
    Operational support for the process shall be provided by the Episcopal Conference of Colombia, the Special Representative of the Secretary-General of the United Nations in Colombia and the group of accompanying, support and cooperation countries (GPAAC), as requested by the peace talks panel. (new-tab Locate in agreement)
    12.GUARANTOR COUNTRIES
    ...
    Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia (new-tab Locate in agreement)
  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • 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
    9.WORKING GROUPS OF THE NATIONAL COMMITTEE ON PARTICIPATION
    ...
    THE FUNCTIONS OF THE WORKING GROUPS SHALL BE:
    ...
    the political system, the economic model and the environmental situation. (new-tab Locate in agreement)
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    7.COORDINATING BODY
    ...
    THE COORDINATING BODY SHALL HAVE THE FOLLOWING FUNCTIONS:
    ...
    (d) Manage the procurement of national and international resources for the implementation of the design phase of the process for the participation of society in peacebuilding and the Committee’s workplans. (new-tab Locate in agreement)
  • 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
    9.WORKING GROUPS OF THE NATIONAL COMMITTEE ON PARTICIPATION
    ...
    THE FUNCTIONS OF THE WORKING GROUPS SHALL BE:
    ...
    the political system, the economic model and the environmental situation. (new-tab Locate in agreement)
  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    7.COORDINATING BODY
    ...
    THE COORDINATING BODY SHALL HAVE THE FOLLOWING FUNCTIONS:
    ...
    (h) Ensure that safeguards are in place for the security of the persons and entities that make up the Committee, in particular, of the ELN delegates. (new-tab Locate in agreement)
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    The Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN) have established the present rules of operation of the National Committee on Participation, in accordance with paragraph 6.2 of the first Cuba Agreement and paragraph 1 of the Declaration and Agreement No. (new-tab Locate in agreement)
    ...
    7.COORDINATING BODY
    ...
    THE COORDINATING BODY SHALL HAVE THE FOLLOWING FUNCTIONS:
    ...
    (h) Ensure that safeguards are in place for the security of the persons and entities that make up the Committee, in particular, of the ELN delegates. (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
    THE FUNCTIONS OF THE WORKING GROUPS SHALL BE:
    ...
    12.GUARANTOR COUNTRIES
    ...
    (Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia (new-tab Locate in agreement)
  • Other international signatory
    THE FUNCTIONS OF THE WORKING GROUPS SHALL BE:
    ...
    12.GUARANTOR COUNTRIES
    ...
    (Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil (new-tab Locate in agreement)
    (Signed) Patricia Esquenazi Marín, Republic of Chile (new-tab Locate in agreement)
    (Signed) Eugenio Martínez Enríquez, Republic of Cuba (new-tab Locate in agreement)
    (Signed) Roberto de León Huerta, United Mexican States (new-tab Locate in agreement)
    (Signed) Peder Østebø, Kingdom of Norway (new-tab Locate in agreement)
    (Signed) 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

    No specific mention.

  • Related cases

    No specific mention.

  • Source

    No specific mention.


Rules of operation of the National Committee on Participation

The Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN) have established the present rules of operation of the National Committee on Participation, in accordance with paragraph 6.2 of the first Cuba Agreement and paragraph 1 of the Declaration and Agreement No.

11 signed by the delegations on the peace talks panel on 9 June 2023.

1.Nature of the National Committee on Participation

In accordance with Agreement No.

9 (first Cuba Agreement) and its two annexes, hereinafter referred to as the “Participation Agreement”, the National Committee on Participation is a special temporary body convened and coordinated by the peace talks panel to support the design phase of the process of participation of society in peacebuilding.

The official spokesperson for the National Committee for Participation shall lead its coordinating body.

2.Functions of the National Committee on Participation for the design of the participation process

(a) Promote and develop spaces for dialogue with a differential approach, in which the various components of society can present their proposals to design the participation process.

(b) Develop methodologies for the workshops, meetings and activities of the participation design phase, bringing together and coordinating with a broad array of experts, organizations, sectors and social movements.

(c) Systematize the various proposals that emerge from the deliberations of the National Committee on Participation and the sectoral and regional and local meetings, and those made by the general public.

(d) On the basis of the design process, draw up and deliver a national participation plan to the peace talks panel.

(e) On the basis of the contributions made by the general public, choose and develop a model for participation and a set of recommendations on the subject to be submitted to the peace talks panel.

(f) Contribute to the formulation of the national agreement.

3.Term of the National Committee on Participation

The National Committee on Participation shall have a term no shorter than the design phase of the participation process, in line with the provisions of the Participation Agreement, representing a term of up to six months from the time of its establishment.

4.Composition of the National Committee on Participation

The National Committee on Participation shall consist of 81 representatives of the 30 social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the Participation Agreement.

Upon invitation from the peace talks panel, each social movement, ethnic people, organization, trade association and institution shall publicly accept the membership invitation and the criteria set forth in annex 2 to the Participation Agreement, and appoint its representatives.

The peace talks panel shall provide support for the respective selection processes.

Furthermore, the National Committee on Participation shall organize gatherings and meetings with various sectors to ensure that proposals for the participation plan and model are heard and received from those sectors that lack a coordinating body to appoint representatives.

The National Committee on Participation shall provide support for the meetings organized for different sectors and national trade associations during the design phase of the participation process.

It shall also assign some of its members to attend those events.

Although appointments would have to be permanent, the social movements, ethnic peoples, organizations, trade associations and institutions may independently change their representatives, provided that they notify the peace talks panel accordingly.

5.Role of the peace talks panel in the National Committee on Participation

The peace talks panel plays an essential role as the primary negotiator and decision- maker, in accordance with the principle of bilateralism that underlies the dialogue process.

The panel shall be part of the National Committee on Participation;

it shall have a leadership role and ensure that the Committee complies with the mandate set out in the Mexico Agreement, performing a coordinating role through the members of each delegation.

It shall ensure that as many women as possible participate in that effort.

Upon completion of the design phase, the panel shall adopt a model and the national plan for participation.

6.Headquarters

The headquarters of the National Committee on Participation shall be in Bogotá, although the Committee may hold meetings in different locations when its coordinating body so decides.

Its meetings shall be held in-person;

however, in exceptional cases, its members may participate virtually by means of any real-time communication platform.

In order to make such participation effective, the platforms available and the technical procedures to be followed shall be specified in the meeting invitations.

7.Coordinating body

The peace talks panel shall be the coordinating body of the National Committee on Participation.

The panel shall assemble the technical and logistical teams required for the operation of the Committee, in addition to those established under the present rules of operation.

The Special Representative of the Secretary-General of the United Nations in Colombia and the Episcopal Conference of Colombia shall assist with the formation of those teams.

The coordinating body shall have the following functions:

(a) Direct the work of the National Committee on Participation and moderate discussions at its meetings.

(b) Request the social movements, ethnic peoples, organizations, trade associations and institutions listed in annex 1 to the first Cuba Agreement to appoint their respective representatives to the Committee.

(c) Convene the meetings of the Committee, through its technical secretariat.

(d) Manage the procurement of national and international resources for the implementation of the design phase of the process for the participation of society in peacebuilding and the Committee’s workplans.

(e) Promote the establishment of bodies that encourage society to participate in the peace process.

(f) Act as the official spokesperson for the Committee.

(h) Ensure that safeguards are in place for the security of the persons and entities that make up the Committee, in particular, of the ELN delegates.

(I) Draw up a Committee workplan for the design phase of the process for the participation of society in peacebuilding.

8.Technical secretariat of the National Committee on Participation

The technical secretariat of the National Committee on Participation shall be composed of four persons appointed by the peace talks panel, each delegation having two representatives.

The Colombia in Peace Fund shall provide the logistical, administrative and financial support necessary for the proper functioning of the technical secretariat, with assistance from the Office of the High Commissioner for Peace.

The role of the technical secretariat shall be to ensure that the material requirements for the Committee’s functioning are met, with the support of the Special Representative of the United Nations Secretary-General in Colombia and the Episcopal Conference of Colombia.

In addition, it shall perform the following functions:

(a) Make the logistical arrangements necessary for the meetings of the Committee and for the participation of its members, including those who do not live near the Committee headquarters.

(b) Support the decision-making process of the Committee’s coordinating body, and the implementation of its decisions, including by taking responsibility for inter-institutional coordination.

(e) Send Committee meeting invitations, indicating the meeting agenda.

(f) Prepare the minutes of Committee meetings, incorporating the work of rapporteurs and the organizational work done during the various Committee meetings and other meetings in which the Committee participates.

9.Working groups of the National Committee on Participation

The National Committee on Participation shall conduct its work through working groups.

Each of its members of the Committee, including those appointed by the delegations on the peace talks panel, in equal numbers, shall be a member of one working group.

The functions of the working groups shall be:

(a) To contribute to the design of the participation process in three thematic areas:

the political system, the economic model and the environmental situation.

(b) To convene regional and sectoral meetings at which proposals for the design of the participation process will be made, and maintain dialogue with movements or sectors that contribute to that process.

(c) To help formulate the national participation plan.

10.Meetings of the National Committee on Participation

The National Committee on Participation shall meet upon invitation by the coordinating body, at a date, time and place determined by the latter.

The details of meetings shall be communicated to its members in a timely manner.

The Committee may invite national and international members of organizations, institutions, universities, research centres and experts on topics of interest to contribute to its work and discussions.

11.Critical operational support functions

Operational support for the process shall be provided by the Episcopal Conference of Colombia, the Special Representative of the Secretary-General of the United Nations in Colombia and the group of accompanying, support and cooperation countries (GPAAC), as requested by the peace talks panel.

12.Guarantor countries

Subject to their availability, the guarantor countries shall participate in and support the design phase of the process of participation of society in peacebuilding.

Havana, Cuba, 14 July 2023.

Delegation of the Government of the Republic of Colombia:

(Signed) José Otty Patiño Hormaza, Head of delegation

(Signed) Iván Danilo Rueda Rodríguez, High Commissioner for Peace

(Signed) Iván Cepeda Castro

(Signed) Dayana Paola Urzola Domicó

(Signed) José Félix Lafaurie Rivera

(Signed) Nigeria Rentería Lozano

(Signed) Álvaro Matallana Eslava

(Signed) Carlos Alfonso Rosero

(Signed) Adelaida Jiménez Cortés

(Signed) Rodrigo Botero García

(Signed) Orlando Romero Reyes

(Signed) Horacio Guerrero García

(Signed) Olga Lilia Silva López

(Signed) Rosmery Quintero Castro

(Signed) María José Pizarro Rodríguez

Delegation of the Ejército de Liberación Nacional – ELN:

(Signed) Pablo Beltrán, Head of delegation

(Signed) Aureliano Carbonell

(Signed) Bernardo Téllez

(Signed) Manuel Gustavo Martínez

(Signed) María Consuelo Tapias

(Signed) Isabel Torres

(Signed) Simón Pabón

(Signed) Mauricio Iguarán

As observers for the Armed Forces:

(Signed) Brig.

Gen. William Oswaldo Rincón Zambrano

(Signed) Maj.

Gen. Hugo Alejandro López Barreto

As witnesses and depositaries (Guarantor countries):

(Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil

(Signed) Patricia Esquenazi Marín, Republic of Chile

(Signed) Eugenio Martínez Enríquez, Republic of Cuba

(Signed) Roberto de León Huerta, United Mexican States

(Signed) Peder Østebø, Kingdom of Norway

(Signed) Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela

Permanent accompanying partners:

(Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia

(Signed) Msgr.

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