General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace

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Country/entity: Colombia
Region: Americas
Agreement name: General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace
Date: 26 Aug 2012
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Colombian Conflict (1964 - )
The Colombian conflict is really a set of conflicts and the peace agreements reflect both different processes relating to different conflict groups and dyads, and processes taking place at different times in a complex peace process history. The Colombian civil war has its roots in the late 1940s and the violent infighting between liberal and the conservative factions. Emerging from the liberal tradition with a thorough grounding in nationalist communist ideology, the Revolutionary Armed Forces of Colombia—People's Army (FARC) began its armed insurrection against the Colombian government in 1964. Other left-wing guerrillas emerged as well, most notably the socialist/populist M-19, which would later be integrated into the formal political system in the peace process of 1990s; the National Liberation Army (ELN), which has strong roots in liberation theology, and the Maoist Ejército Popular de Liberación (EPL) (also part of the 1990 process, less successfully). Several stages of peace processes were undertaken by the various sides, which were further complicated by the emergence of right-wing paramilitary ‘self-defence’ forces. The peace agreement between the Colombian government under President Uribe and the main alliance of the paramilitary groups, the United Self-Defence Forces of Colombia (AUC), concluded in 2005 and is still heavily disputed as several remnants are still active, but now subsumed under the heading ‘Bacrim’ (Bandas criminales). In addition, FARC and ELN maintain a military presence, but both demonstrate a strong interest in completing successful peace negotiations with the government, with the most recent agreements being between FARC and the Government.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Colombia V - Santos
Parties: 1. Government of the Republic of Colombia
2. Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP)
Third parties: -
Description: A general agreement setting forth conditions for reaching a Final Agreement for the termination of the conflict, including an agenda for scheduled peace negotiations.

Agreement document: CO_120826_General Agreement for the Termination of the Conflict.pdf (opens in new tab) | Download PDF
Agreement document (original language): AcuerdoGeneralTerminacionConflicto.pdf (opens in new tab)| Download PDF

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: Page 1, Untitled Preamble,
[...]
With the government’s and FARC-EP’s full intention to come to an agreement, and the invitation to the entire Colombian society, as well as to the organisations of regional integration and the international community to accompany this process;

Page 2, V. Agenda, 2. Political Participation, Article 1,
Rights and guarantees for exercising political opposition in general and for the new movements that emerge after signature of the Final Agreement. Media access.

Page 2, V. Agenda, 2. Political Participation, Article 2,
Democratic mechanisms for citizen participation, including direct participation, on different levels and on diverse issues.

Page 2, V. Agenda, 2. Political Participation, Article 3,
Effective measures to promote greater participation of all sectors in national, regional and local politics, including the most vulnerable population, under conditions of equality and with security guarantees.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 3, VI. Operating Rules, Article 6,
To guarantee the widest possible participation, a mechanism will be established to receive, by physical or electronic means, proposals from citizens and organisations on the points of the agenda. By mutual agreement and within a given period of time, the Table can make direct consultations and receive proposals on these points, or delegate to a third party the organisation of spaces for participation.
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: Page 1, Untitled Preamble,
[...]
respect of human rights within the entire national territory is a purpose of the State that should be promoted;
[...]

Page 2, V. Agenda, 5. Victims,
Compensating the victims is at the heart of the agree- ment between the National Government and FARC- EP. In this respect, the following will be addressed:
1. Human rights of the victims.
2. Truth.
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: Page 1, Untitled Preamble,
[...]
it is important to broaden democracy as a condition to build solid foundations for peace.
[...]
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2, V. Agenda, 2. Political Participation, Article 1,
Rights and guarantees for exercising political opposition in general and for the new movements that emerge after signature of the Final Agreement. Media access.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 1,

1. Integrated agricultural development policy
Integrated agricultural development is crucial to boost
regional integration and the equitable social and economic
development of the country.
1. Access and use of land. Wastelands/unproductive
land. Formalisation of property. Agricultural
frontier and protection of reservation zones.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, V. Agenda, Article 1,
Integrated agricultural development policy
Integrated agricultural development is crucial to boost regional integration and the equitable social and economic development of the country.
1. Access and use of land. Wastelands/unproductive land. Formalisation of property. Agricultural frontier and protection of reservation zones.
2. Development programs with territorial focus.
3. Infrastructure and land improvement.
4. Social development: health, education, housing, eradication of poverty.
5. Stimulus for agricultural production and for solidarity economy and cooperatives. Technical assistance. Subsidies. Credit. Generation of in- come. Marketing. Formalisation of employment.
6. Food security system
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: Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, V. Agenda, 3. End of the conflict, Article 6,
Security guarantees.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, V. Agenda, 3. End of the conflict, Article 1,
Bilateral and definitive ceasefire and end of hostilities.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 2, V. Agenda, 3. End of the conflict, Article 2,
Handover of weapons. Reintegration of FARC- EP into civilian life, economically, socially and politically, in accordance with their interests.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Untitled Preamble,
[...]
construction of peace is a matter for society as a whole that requires the participation of all, without distinction, including other guerrilla forces that we invite to join this effort;
[...]

Page 2, V. Agenda, 3. End of the conflict, Article 3,
The National Government will coordinate re- vising the situation of persons detained, charged or convicted for belonging to or collaborating with FARC-EP.

Page 2, V. Agenda, 3. End of the conflict, Article 7,
Under the provisions of Point 5 (Victims) of this agreement, the phenomenon of paramilitarism, among others, will be clarified.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, V. Agenda, 3. End of the conflict, Article 4,
In parallel, the National Government will intensify the combat to finish off criminal organisations and their support networks, including the fight against corruption and impunity, in particular against any organisation responsible for homicides and massacres or that targets human rights defenders, social movements or political movements.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 2,
Consumption prevention and public health programs.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 3,
3. Solution to the phenomenon of narcotics production and commercialisation.
Crime/organised crime: Page 2, V. Agenda, 3. End of the conflict, Article 4,
In parallel, the National Government will intensify the combat to finish off criminal organisations and their support networks, including the fight against corruption and impunity, in particular against any organisation responsible for homicides and massacres or that targets human rights defenders, social movements or political movements.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 2,
Consumption prevention and public health programs.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 3,
3. Solution to the phenomenon of narcotics production and commercialisation.
Drugs: Page 2, V. Agenda, 3. End of the conflict, Article 4,
In parallel, the National Government will intensify the combat to finish off criminal organisations and their support networks, including the fight against corruption and impunity, in particular against any organisation responsible for homicides and massacres or that targets human rights defenders, social movements or political movements.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 2,
Consumption prevention and public health programs.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 3,
3. Solution to the phenomenon of narcotics production and commercialisation.
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: Page 2, V. Agenda, 5. Victims,
Compensating the victims is at the heart of the agreement between the National Government and FARC- EP. In this respect, the following will be addressed:
1. Human rights of the victims.
2. Truth.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, V. Agenda, 6. Implementation, verification and ratification,
The signing of the Final Agreement initiates the implementation of all of the agreed points.
1. Mechanisms of implementation and verification:
a. System of implementation, giving special importance to the regions.
b. Verification and follow-up commissions.
c. Mechanisms to settle differences.

These mechanisms will have the capacity and power of execution and will be composed of representatives of the parties and society, de- pending on the case.

2. International accompaniment.
3. Schedule.
4. Budget.
5. Tools for dissemination and communication.
6. Mechanism for ratification of the agreements.
Related cases: No specific mention.
Source: UN Peacemaker. Available at: https://peacemaker.un.org/colombia-generalaccordendconflict2012 (Accessed 14 October 2020).

APPENDIX B

GENERAL AGREEMENT FOR THE TERMINATION OF THE CONFLICT AND THE CONSTRUCTION OF A STABLE AND LASTING PEACE

The delegates of the Government of the Republic of Colom- bia (National Government) and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP):

As a result of the Exploratory Meeting held in Havana, Cuba, between 23 February 2012 and 26 August 2012, that counted on the participation of the Government of the Republic of Cuba and the Government of Norway as guarantors, and on the support of the Government of the Bolivarian Republic of Venezuela as facilitator of logistics and companion:

With the mutual decision to put an end to the conflict as an essential condition for the construction of stable and lasting peace;

Attending the clamour of the people for peace, and recognis- ing that:

construction of peace is a matter for society as a whole that requires the participation of all, without distinction, including other guerrilla forces that we invite to join this effort;

respect of human rights within the entire national territo- ry is a purpose of the State that should be promoted;

economic development with social justice and in harmony with the environment is a guarantee for peace and progress;

social development with equity and well-being that in- cludes big majorities allows growing as a country;

a Colombia in peace will play an active and sovereign role in peace as well as regional and worldwide development;

it is important to broaden democracy as a condition to build solid foundations for peace.

With the government’s and FARC-EP’s full intention to come to an agreement, and the invitation to the entire Co- lombian society, as well as to the organisations of regional integration and the international community to accompany this process;

WE HAVE AGREED:

To initiate direct and uninterrupted talks about the points of the agenda established here that are aimed at reaching a Final Agreement for the termination of the conflict that will contribute to the construction of sta- ble and lasting peace.

To establish a Table of Talks that will be opened pub- licly in Oslo, Norway, within the first two weeks of October 2012 and whose main seat will be Havana, Cuba.

Meetings can take place in other countries.

To guarantee the effectiveness of the process and con- clude the work on the points of the agenda expeditiously and in the shortest time possible, in order to fulfil the expectations of society for a prompt agreement.

In any case, the duration will be subject to periodic evaluations of progress.

To develop the talks with the support of the govern- ments of Cuba and Norway as guarantors and the gov- ernments of Venezuela and Chile as accompaniers.

In accordance with the needs of the process and subject to common agreement, others may be invited.

The following agenda:

1.Integrated agricultural development policy

Integrated agricultural development is crucial to boost regional integration and the equitable social and eco- nomic development of the country.

Access and use of land.

Wastelands/unproduc- tive land.

Formalisation of property.

Agricultur- al frontier and protection of reservation zones.

Development programs with territorial focus.

Infrastructure and land improvement.

Social development:

health, education, housing, eradication of poverty.

Stimulus for agricultural production and for sol- idarity economy and cooperatives.

Technical assistance.

Subsidies.

Credit.

Generation of in- come.

Marketing.

Formalisation of employment.

Food security system.

2.Political participation

Rights and guarantees for exercising political opposition in general and for the new move- ments that emerge after signature of the Final Agreement.

Media access.

Democratic mechanisms for citizen participa- tion, including direct participation, on different levels and on diverse issues.

Effective measures to promote greater partici- pation of all sectors in national, regional and local politics, including the most vulnerable population, under conditions of equality and with security guarantees.

3.End of the conflict

Comprehensive and simultaneous process that implies:

Bilateral and definitive ceasefire and end of hostilities.

Handover of weapons.

Reintegration of FARC- EP into civilian life, economically, socially and politically, in accordance with their interests.

The National Government will coordinate re- vising the situation of persons detained, charged or convicted for belonging to or collaborating with FARC-EP.

In parallel, the National Government will inten- sify the combat to finish off criminal organisa- tions and their support networks, including the fight against corruption and impunity, in par- ticular against any organisation responsible for homicides and massacres or that targets human rights defenders, social movements or political movements.

The National Government will revise and make the reforms and institutional adjustments nec- essary to address the challenges of constructing peace.

Security guarantees.

Under the provisions of Point 5 (Victims) of this agreement, the phenomenon of paramilita- rism, among others, will be clarified.

The signing of the Final Agreement initiates this pro- cess, which must be carried out within a reasonable pe- riod of time agreed by the parties.

4.Solution to the problem of illicit drugs

Illicit-crop substitution programs.

Integral de- velopment plans with participation of communi- ties in the design, execution and evaluation of substitution programs and environmental recov- ery of the areas affected by these crops.

Consumption prevention and public health pro- grams.

Solution to the phenomenon of narcotics pro- duction and commercialisation.

5.Victims

Compensating the victims is at the heart of the agree- ment between the National Government and FARC- EP.

In this respect, the following will be addressed:

Human rights of the victims.

Truth.

6.Implementation, verification and ratification

The signing of the Final Agreement initiates the im- plementation of all of the agreed points.

Mechanisms of implementation and verification:

System of implementation, giving special importance to the regions.

Verification and follow-up commissions.

Mechanisms to settle differences.

These mechanisms will have the capacity and power of execution and will be composed of representatives of the parties and society, de- pending on the case.

International accompaniment.

Schedule.

Budget.

Tools for dissemination and communication.

Mechanism for ratification of the agreements.

The following operating rules:

Up to ten persons per delegation will participate in the sessions of the Table, up to five of whom will be plenipotentiaries who will speak on behalf of their delegation.

Every delegation will be made up of up to 30 representatives.

With the aim of contributing to the development of the process, experts on the agenda issues can be con- sulted, once the corresponding procedure is realised.

To guarantee the transparency of the process, the Table will draw up periodic reports.

A mechanism to jointly inform about the progress of the Table will be established.

The discussions of the Table will not be made public.

An effective dissemination strategy will be imple- mented.

To guarantee the widest possible participation, a mechanism will be established to receive, by phys- ical or electronic means, proposals from citizens and organisations on the points of the agenda.

By mutual agreement and within a given period of time, the Table can make direct consultations and receive proposals on these points, or delegate to a third par- ty the organisation of spaces for participation.

The National Government will guarantee the neces- sary resources for the operation of the Table;

these will be administered in an efficient and transparent manner.

The Table will have the technology necessary to move the process forward.

The talks will begin by discussing the issue of inte- gral agricultural development policy and will con- tinue in the order that the Table agrees.

The talks will be held under the principle that noth- ing is agreed until everything is agreed.

Signed on 26 August 2012, in Havana, Cuba.

Signatures.