Acuerdo para la Liberación de los Delegados de la OEA / Agreement for the Liberation of detained OAS Delegates

Export agreement:

Export agreement coding (PDF)

Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo para la Liberación de los Delegados de la OEA / Agreement for the Liberation of detained OAS Delegates
Date: 1 Nov 1997
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Colombia II - Samper
Parties: Not signed but stated to be made by: Representatives of the government, the National Reconciliation Commission and the Antioquia Peace Facilitator, and the spokespeople for the National Liberation Army (Ejército de Liberación Nacional, ELN), Francisco Galán and Felipe Torres
Third parties: -
Description: This is an agreement on the liberation of OEA (Organisation of American States) delegates. It states the date of the liberation, who will be present, and what the conditions will be during the timeframe of liberation. A commission will be established to oversee that these conditions are met. Source: pdf from peacemaker

Agreement document: CO_971101_AcuerdoLiberacionDelegadosOEA - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_971101_AcuerdoLiberaciónDelegadosOEA.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, Article 2,
The detained representatives will be surrendered to the National Reconciliation Commission in the presence of the Office of the High Commissioner for Peace, the Peace Facilitation Commission of Antioquia, the Peace Commission of the House of Representatives, the International Red Cross Committee and institutions and figures from various sectors of national and international civil society invited for this purpose.
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: 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: 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
Page 1, Article 3,
Clear standards of behaviour have been defined to create the conditions for the surrender. The public of forces will ease from offensive activities and will be located in areas agreed for this purpose. The same holds for ELN forces with a presence in the area at the agreed time.
Police: No specific mention.
Armed forces: Page 1, Article 3,
Clear standards of behaviour have been defined to create the conditions for the surrender. The public of forces will ease from offensive activities and will be located in areas agreed for this purpose. The same holds for ELN forces with a presence in the area at the agreed time.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 3,
Clear standards of behaviour have been defined to create the conditions for the surrender. The public of forces will ease from offensive activities and will be located in areas agreed for this purpose. The same holds for ELN forces with a presence in the area at the agreed time.
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: 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 1, Article 4,
A verification commission will be established to ensure full compliance with the terms of the agreed procedure. The committee will comprise representatives of the National Reconciliation Commission and OAS.
Related cases: No specific mention.
Source: UN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/CO_971101_AcuerdoLiberaciónDelegadosOEA.pdf

AGREEMENT FOR THE RELEASE OF REPRESENTATIVES OF THE ORGANIZATION OF AMERICAN STATES

Itagüí, 1 November 1997

Representatives of the government, the National Reconciliation Commission and the Antioquia Peace Facilitator, and the spokespeople for the National Liberation Army (Ejército de Liberación Nacional, ELN), Francisco Galán and Felipe Torres, have reached the following agreement regarding the detained officials of the Organization of American States (OAS).

Their release will take place on Saturday 1 November at a location determined for this purpose.

The detained representatives will be surrendered to the National Reconciliation Commission in the presence of the Office of the High Commissioner for Peace, the Peace Facilitation Commission of Antioquia, the Peace Commission of the House of Representatives, the International Red Cross Committee and institutions and figures from various sectors of national and international civil society invited for this purpose.

Clear standards of behaviour have been defined to create the conditions for the surrender.

The public of forces will ease from offensive activities and will be located in areas agreed for this purpose.

The same holds for ELN forces with a presence in the area at the agreed time.

A verification commission will be established to ensure full compliance with the terms of the agreed procedure.

The committee will comprise representatives of the National Reconciliation Commission and OAS.

Every care will be taken to ensure the detained OAS members are released under humane conditions.

Maximum security wing, Itagüí prison, 1 November 1997.