Protocolo Complementario Al Mandato Del Mecanismo De Monitoreo Y Verificacion - MMV Para El Cese Al Fuego Bilateral, Nacional Y Temporal - CFBNT, Entre El Gobierno Nacional Y El Ejercito De Liberacion Nacional - ELN

  • Country/entity
    Colombia
  • Region
    Americas
  • Agreement name
    Protocolo Complementario Al Mandato Del Mecanismo De Monitoreo Y Verificacion - MMV Para El Cese Al Fuego Bilateral, Nacional Y Temporal - CFBNT, Entre El Gobierno Nacional Y El Ejercito De Liberacion Nacional - ELN
  • Date
    13 Jul 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
    Iván Cepeda Castro
    Orlando Romero Reyes
    Horacio Guerrero García
    Olga Lilia Silva López
    Rosmery Quintero Castro
    Carlos Alfonso Rosero
    Adelaida Jiménez Cortés
    Rodrigo Botero García
    Dayana Paola Urzola Domicó
    José Félix Lafaurie Rivera
    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
    Manuel Gustavo Martínez
    María Consuelo Tapias
    Isabel Torres
    Simón Pabón
    Mauricio Iguarán
  • Third parties
    - As observers for the Armed Forces:
    Brig. Gen. William Oswaldo Rincón Zambrano
    Maj. Gen. Hugo Alejandro López Barreto

    - As witnesses and depositaries:
    * Guarantor countries
    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

    * Permanent accompanying partners
    Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia
    Msgr. Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia
  • Description
    The Protocol lays down the mandate of the Monitoring and Verification Mechanism established to maintain and enforce the ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN). The protocol complements the ceasefire agreement entered into between the two parties on June 09, 2023.


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

    No specific mention.

  • Civil society

    No specific mention.

  • 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

    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
    Rights related issues→Protection measures→Other
    2. PROCEDURES OF THE MONITORING AND VERIFICATION MECHANISM
    ...
    2.5. The members of the Monitoring and Verification Mechanism shall not carry weapons and shall be protected by the safeguards established in the Protocol on security and protection for the members of the Monitoring and Verification Mechanism. (new-tab Locate in agreement)
    ...
    In addition, they shall also protect their sources of information. (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

    No specific mention.

  • 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

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    1. PURPOSES AND PRINCIPLES OF THE MONITORING AND VERIFICATION MECHANISM
    1.1. The Monitoring and Verification Mechanism shall be responsible for reporting and preventing incidents; (new-tab Locate in agreement)
    compiling, classifying, verifying, evaluating and categorizing incidents that might be considered to violate the Agreement on a temporary bilateral national ceasefire and its Protocols and issuing the relevant opinions, as well as for carrying out educational work. (new-tab Locate in agreement)
    1.2. The Monitoring and Verification Mechanism shall impartially and objectively analyse the incidents that are presumed to violate the Agreement on a temporary bilateral national ceasefire and its Protocols, signed by the Government of the Republic of Colombia and ELN. (new-tab Locate in agreement)
    It shall also prepare evaluations, reports and recommendations in accordance with the Protocol on the evaluation, extension or suspension of the Agreement on a temporary bilateral national ceasefire. (new-tab Locate in agreement)
    Security sector→Ceasefire→General commitments
    Pursuant to the Agreement on a temporary bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN), signed on 9 June 2023, the present text complements the Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary national bilateral ceasefire. (new-tab Locate in agreement)
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Pursuant to the Agreement on a temporary bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN), signed on 9 June 2023, the present text complements the Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary national bilateral ceasefire. (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
    3. BODIES AND BASES OF THE MONITORING AND VERIFICATION MECHANISM
    ...
    (Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia (Signed) Msgr. (new-tab Locate in agreement)
  • Other international signatory
    3. BODIES AND BASES OF THE MONITORING AND VERIFICATION MECHANISM
    ...
    (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 (new-tab Locate in agreement)
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    2. PROCEDURES OF THE MONITORING AND VERIFICATION MECHANISM
    ...
    2.2. The representative of the United Nations Verification Mission in Colombia on the national body shall be the spokesperson for the Monitoring and Verification Mechanism with reference to the fulfilment of its mandate, in accordance with the protocol on communications of the Agreement on a temporary bilateral national ceasefire. (new-tab Locate in agreement)
    2.3. The United Nations Verification Mission in Colombia shall facilitate the work of the bodies that comprise the Monitoring and Verification Mechanism. (new-tab Locate in agreement)
    The United Nations Verification Mission in Colombia shall also be responsible for coordination and communication between the Government of Colombia, ELN and the Episcopal Conference of Colombia, through the channels provided for that purpose. (new-tab Locate in agreement)
    2.4. The United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia shall establish and maintain permanent channels of communication with the Armed Forces of the Government of Colombia and with ELN. (new-tab Locate in agreement)
    They shall share relevant information in order to prevent incidents throughout the national territory, with a particular focus on those places to be determined by mutual agreement, and ensure that work is carried out with technical efficiency in order to be ready for all possible contingencies. (new-tab Locate in agreement)
    ...
    2.6. Through the Episcopal Conference of Colombia and the United Nations Verification Mission in Colombia, the Monitoring and Verification Mechanism shall coordinate with the social monitoring network, in accordance with the Protocol on social monitoring and humanitarian protection mechanisms. (new-tab Locate in agreement)
    The members of the Monitoring and Verification Mechanism shall ensure that information they receive or become aware of in the course of their work remains confidential, is handled securely and is accurate. (new-tab Locate in agreement)
    In addition, they shall also protect their sources of information. (new-tab Locate in agreement)
    2.7. The regional bodies may verify the facts surrounding incidents reported by the local bodies with the representative of the Government of Colombia or with the ELN communications liaisons, as the case may be, through the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia, in order to resolve such incidents or, where appropriate, report them to the national body. (new-tab Locate in agreement)
    2.8. Each component of the Monitoring and Verification Mechanism may change its representatives when the circumstances so require. (new-tab Locate in agreement)
    The United Nations Verification Mission in Colombia shall independently establish its own personnel replacement and management system. (new-tab Locate in agreement)
  • Enforcement mechanism
    2. PROCEDURES OF THE MONITORING AND VERIFICATION MECHANISM
    2.1. The rules of operation of the Monitoring and Verification Mechanism will be agreed on by the national body once each component has appointed its members, in accordance with the mandate set by the peace talks panel. (new-tab Locate in agreement)
    The national body of the Mechanism shall also regulate the settlement of disputes that are within the authority of the Monitoring and Verification Mechanism and that it has the capacity to resolve. (new-tab Locate in agreement)
    The Mechanism shall make all the arrangements necessary for the fulfilment of its mandate. (new-tab Locate in agreement)
    ...
    2.7. The regional bodies may verify the facts surrounding incidents reported by the local bodies with the representative of the Government of Colombia or with the ELN communications liaisons, as the case may be, through the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia, in order to resolve such incidents or, where appropriate, report them to the national body. (new-tab Locate in agreement)
  • Related cases

    No specific mention.

  • Source

    No specific mention.


Pursuant to the Agreement on a temporary bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN), signed on 9 June 2023, the present text complements the Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary national bilateral ceasefire.

1. Purposes and principles of the Monitoring and Verification Mechanism

1.1. The Monitoring and Verification Mechanism shall be responsible for reporting and preventing incidents;

compiling, classifying, verifying, evaluating and categorizing incidents that might be considered to violate the Agreement on a temporary bilateral national ceasefire and its Protocols and issuing the relevant opinions, as well as for carrying out educational work.

1.2. The Monitoring and Verification Mechanism shall impartially and objectively analyse the incidents that are presumed to violate the Agreement on a temporary bilateral national ceasefire and its Protocols, signed by the Government of the Republic of Colombia and ELN.

It shall also prepare evaluations, reports and recommendations in accordance with the Protocol on the evaluation, extension or suspension of the Agreement on a temporary bilateral national ceasefire.

1.3. The components, members and liaisons of the Monitoring and Verification Mechanism shall be guided in their work by the principles of respect, objectivity and impartiality.

They shall also perform their duties in good faith.

2. Procedures of the Monitoring and Verification Mechanism

2.1. The rules of operation of the Monitoring and Verification Mechanism will be agreed on by the national body once each component has appointed its members, in accordance with the mandate set by the peace talks panel.

The national body of the Mechanism shall also regulate the settlement of disputes that are within the authority of the Monitoring and Verification Mechanism and that it has the capacity to resolve.

The Mechanism shall make all the arrangements necessary for the fulfilment of its mandate.

2.2. The representative of the United Nations Verification Mission in Colombia on the national body shall be the spokesperson for the Monitoring and Verification Mechanism with reference to the fulfilment of its mandate, in accordance with the protocol on communications of the Agreement on a temporary bilateral national ceasefire.

2.3. The United Nations Verification Mission in Colombia shall facilitate the work of the bodies that comprise the Monitoring and Verification Mechanism.

The United Nations Verification Mission in Colombia shall also be responsible for coordination and communication between the Government of Colombia, ELN and the Episcopal Conference of Colombia, through the channels provided for that purpose.

2.4. The United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia shall establish and maintain permanent channels of communication with the Armed Forces of the Government of Colombia and with ELN.

They shall share relevant information in order to prevent incidents throughout the national territory, with a particular focus on those places to be determined by mutual agreement, and ensure that work is carried out with technical efficiency in order to be ready for all possible contingencies.

2.5. The members of the Monitoring and Verification Mechanism shall not carry weapons and shall be protected by the safeguards established in the Protocol on security and protection for the members of the Monitoring and Verification Mechanism.

In addition, they shall ensure that the information they receive or become aware of in the course of their work remains confidential and secure.

2.6. Through the Episcopal Conference of Colombia and the United Nations Verification Mission in Colombia, the Monitoring and Verification Mechanism shall coordinate with the social monitoring network, in accordance with the Protocol on social monitoring and humanitarian protection mechanisms.

The members of the Monitoring and Verification Mechanism shall ensure that information they receive or become aware of in the course of their work remains confidential, is handled securely and is accurate.

In addition, they shall also protect their sources of information.

2.7. The regional bodies may verify the facts surrounding incidents reported by the local bodies with the representative of the Government of Colombia or with the ELN communications liaisons, as the case may be, through the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia, in order to resolve such incidents or, where appropriate, report them to the national body.

2.8. Each component of the Monitoring and Verification Mechanism may change its representatives when the circumstances so require.

The United Nations Verification Mission in Colombia shall independently establish its own personnel replacement and management system.

3. Bodies and bases of the Monitoring and Verification Mechanism

3.1. The Monitoring and Verification Mechanism shall have 1 base for its national body, 9 bases for its regional bodies and 22 bases for its local bodies, located throughout the national territory.

3.2. The national body’s permanent base shall be located in Bogotá.

It may meet elsewhere in the country when it deems it appropriate.

3.3. The regional bodies shall be based in the following nine municipalities:

Arauca,

The regional bodies shall be based in the following nine municipalities:

Bucaramanga, Cali, Cúcuta, Medellín, Pasto, Quibdó, Soacha and Valledupar.

The local bodies shall be based in the following 22 municipalities:

Aguachica, Barrancabermeja, Becerril, Bojayá, Buenaventura, Caucasia, Ipiales, Istmina, Ocaña, Pereira, Popayán, Puerto Carreño, Puerto Inírida, San Juan del Cesar, Santa Rosa de Osos, Santa Rosa del Sur, Soatá, Socorro, Tame, Tibú, Tumaco and Yopal.

Attached is a table showing the bases of the regional and local bodies, and the priority municipalities for the Monitoring and Verification Mechanism (see annex I).

The Monitoring and Verification Mechanism shall be based in the respective municipal municipalities, from where it shall carry out its work.

Each local body shall be responsible for a designated geographical area.

In the event that members of a body must travel outside of the municipal centre, they shall coordinate with the parties in advance, with sufficient notice, and adhere to the protection systems in place, observing the Protocol on security and protection for the members of the Monitoring and Verification Mechanism during the temporary bilateral national ceasefire.

Havana, Cuba, 13 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) Orlando Romero Reyes

(Signed) Horacio Guerrero García

(Signed) Olga Lilia Silva López

(Signed) Rosmery Quintero Castro

(Signed) Carlos Alfonso Rosero

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

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

As observers for the Armed Forces:

(Signed) Brig.

Gen. William Oswaldo Rincón Zambrano (Signed) Maj.

Gen. Hugo Alejandro López Barreto

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) Adelaida Jiménez Cortés

(Signed) Rodrigo Botero García

(Signed) Dayana Paola Urzola Domicó

(Signed) José Félix Lafaurie Rivera

(Signed) Nigeria Rentería Lozano

(Signed) Álvaro Matallana Eslava

(Signed) María José Pizarro Rodríguez