Acuerdo Gobierno Nacional-EPL y PCC – ML, Labores, Belmira, Antioquia

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo Gobierno Nacional-EPL y PCC – ML, Labores, Belmira, Antioquia
Date: 28 Sep 1990
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 I - Gaviria
Parties: Por el Gobierno Nacional.
JESÚS ANTONIO BEJARANO
Consejero Presidencial
CARLOS EDUARD(l JARAAliLLO
Asesor Consejería
REYNALDOGARY
Asesor Consejería

Por el EPL.
BERNARDO GUTIÉRREZ
Mando Central
JAIRO MORALES
Mando Central

Por el PCC (M-L)
ANÍBAL PALACIO
Third parties: -
Description: This agreement refers to the August 26, 1990 agreement. It names the members of the commissions (except the logistics commission). 20 legal representatives (not-named) have been designated, the forces are now concentrated in 10 compartments; the government is in charge of their functioning. The government is willing to provide the space necessary for the political forces to sign an agreement on the constitutional assembly to help with the peace process and the signatories will facilitate its strengthening and the participation of other social and political sectors. They will work together for changes to the negotiation conditions through the establishment of an EPL political commission to energise the process.

Agreement document: CO_900928_ACUERDO GOBIERNO NACIONAL Y EL EPL - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_900928_ACUERDO GOBIERNO NACIONAL Y EL EPL.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: Governance→Political parties reform→Rebels transitioning to political parties
Page 1, Article 1,
In implementation of the terms agreed on 26 August 1990, the national government and EPL establish the commissions that will be responsible for drawing up the proposals to be studied by the negotiating commission:
A.POLITICAL ASPECTS: For the government, the Deputy Minister of the Interior, Andrés González, and Reynaldo Gary of the Presidential Peace Council; for EPL, Diego Montaña Cuéllar and Aníbal Palacio.
[...]

The establishment of these commissions will take place at special proceedings in Bogota.

Page 2, Article 6,
To strengthen and consolidate the peace process that is underway, the national government and EPL will work to effect major changes in the negotiating conditions, with the establishment of a central political commission for EPL that will energise the current process.
Civil society: Page 2, Article 4,
The national government will facilitate the required meeting spaces with the political forces signatory to the agreement regarding the constitutional assembly to allow the organisations currently involved in the peace process and signatories of the agreement to reach agreements to allow its expansion and the participation of other social and political sectors.
Traditional/religious leaders: Page 1, Untitled Preamble,
On 26, 27 and 28 September in the town of Labores in the department of Antioquia, the national government and the Popular Liberation Army (Ejército Popular de Liberación, EPL), with the church acting as moral and spiritual tutor, strengthening the mutual effort to consolidate and strengthen the peace process, agree:...
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: Page 2-3, Untitled Afterword,
These events clearly show that the political scenario to contribute to resolving the country’s armed conflict is a democratic and sovereign constitution that lays the foundations for a peace agreement. EPL notes that this meeting with the council for peace guarantees these steps and clearly accepts the purpose of and close relationship between the constitution and the peace process as set out in the president’s letter (“the assembly is today the main instrument for expanding democracy, ensuring solid and stable institutions that allow Colombians to live together, and overcoming the various manifestations of violence in which the country has been immersed, especially in recent years”).
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, Article 4,
The national government will facilitate the required meeting spaces with the political forces signatory to the agreement regarding the constitutional assembly to allow the organisations currently involved in the peace process and signatories of the agreement to reach agreements to allow its expansion and the participation of other social and political sectors.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: Rights institutions→NHRI→New or fundamentally revised NHRI
Page 1, Article 1,
1.In implementation of the terms agreed on 26 August 1990, the national government and EPL establish the commissions that will be responsible for drawing up the proposals to be studied by the negotiating commission:
[...]
C.FACTORS OF VIOLENCE AND HUMAN RIGHTS: For the government, Mauricio Hernández, of the Presidential Council for Human Rights; for the Attorney General, Jaime Cordoba, Delegate Attorney for Human Rights; for EPL, Álvaro Villarraga and Julio Soler.

The establishment of these commissions will take place at special proceedings in Bogota.
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, Article 1,
In implementation of the terms agreed on 26 August 1990, the national government and EPL establish the commissions that will be responsible for drawing up the proposals to be studied by the negotiating commission:
[...]
B.REGIONAL PROCESSES AND DEVELOPMENT PLANS: For the government, Eduardo Wills, Secretary of Public Integration of the Office of the President of the Republic, and Daniel Gómez, Head of the Planning Unit for the National Restoration Plan (Plan Nacional de Rehabilitaión, PNR); for EPL, Nelson Cifuentes and Luis Emiro Valencia.
[...]

The establishment of these commissions will take place at special proceedings in Bogota.
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: 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: Page 2, Article 2,
To facilitate the promotion and communication of the peace process, it is agreed to name 20 legal spokespeople for EPL who will act with the appropriate guarantees provided by the national government.

Page 2, Article 3,
EPL has concentrated all its armed forces in 10 camps located in the following regions of the country: Urabá, northwest of Antioquia, Córdoba, Bolívar, La Guajira, Norte de Santander, Viejo Caldas and Putumayo. Regulations for their operation have been agreed with the government.

Page 2, Article 5,
The national government and EPL will agree the participation mechanisms for legal representatives of EPL in the preparatory instances of the National Constitutional Assembly and will also consider that the steps taken so far in the peace process represent significant progress toward the participation of EPL in the National Constitutional Assembly.

Page 3, Untitled Afterword,
EPL values the importance of considering the possibility of an international monitor to supervise compliance with the agreements and the willingness of the national government to accept protocols I and II. This attitude shows flexibility in the negotiating policy that paves the way to overcoming the armed conflict involving the country’s insurgent movement as a whole.
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: Page 3, Untitled Afterword,
EPL values the importance of considering the possibility of an international monitor to supervise compliance with the agreements and the willingness of the national government to accept protocols I and II. This attitude shows flexibility in the negotiating policy that paves the way to overcoming the armed conflict involving the country’s insurgent movement as a whole.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Acuerdos con el EPL, MAQL y CRS, Diálogos con la CGSB, Biblioteca de la Paz – 1990-1994, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book III) p. 149

AGREEMENT BETWEEN THE NATIONAL GOVERNMENT – POPULAR LIBERATION ARMY AND THE COMMUNIST PARTY OF COLOMBIA (MARXIST–LENINIST) IN LABORES, BELMIRA, ANTIOQUIA

28 September 1990

On 26, 27 and 28 September in the town of Labores in the department of Antioquia, the national government and the Popular Liberation Army (Ejército Popular de Liberación, EPL), with the church acting as moral and spiritual tutor, strengthening the mutual effort to consolidate and strengthen the peace process, agree:

In implementation of the terms agreed on 26 August 1990, the national government and EPL establish the commissions that will be responsible for drawing up the proposals to be studied by the negotiating commission:

POLITICAL ASPECTS:

For the government, the Deputy Minister of the Interior, Andrés González, and Reynaldo Gary of the Presidential Peace Council;

for EPL, Diego Montaña Cuéllar and Aníbal Palacio.

REGIONAL PROCESSES AND DEVELOPMENT PLANS:

For the government, Eduardo Wills, Secretary of Public Integration of the Office of the President of the Republic, and Daniel Gómez, Head of the Planning Unit for the National Restoration Plan (Plan Nacional de Rehabilitaión, PNR);

for EPL, Nelson Cifuentes and Luis Emiro Valencia.

FACTORS OF VIOLENCE AND HUMAN RIGHTS:

For the government, Mauricio Hernández, of the Presidential Council for Human Rights;

for the Attorney General, Jaime Cordoba, Delegate Attorney for Human Rights;

for EPL, Álvaro Villarraga and Julio Soler.

The establishment of these commissions will take place at special proceedings in Bogota.

To facilitate the promotion and communication of the peace process, it is agreed to name 20 legal spokespeople for EPL who will act with the appropriate guarantees provided by the national government.

EPL has concentrated all its armed forces in 10 camps located in the following regions of the country:

Urabá, northwest of Antioquia, Córdoba, Bolívar, La Guajira, Norte de Santander, Viejo Caldas and Putumayo.

Regulations for their operation have been agreed with the government.

The national government will facilitate the required meeting spaces with the political forces signatory to the agreement regarding the constitutional assembly to allow the organisations currently involved in the peace process and signatories of the agreement to reach agreements to allow its expansion and the participation of other social and political sectors.

The national government and EPL will agree the participation mechanisms for legal representatives of EPL in the preparatory instances of the National Constitutional Assembly and will also consider that the steps taken so far in the peace process represent significant progress toward the participation of EPL in the National Constitutional Assembly.

To strengthen and consolidate the peace process that is underway, the national government and EPL will work to effect major changes in the negotiating conditions, with the establishment of a central political commission for EPL that will energise the current process.

EPL positively values the arrangements made in recent days with signatories of the agreement for the National Constitutional Assembly and councillors Manuel Cepeda and Fernando Carrillo, with the participation of the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the Quintin Lame Armed Movement (Movimiento Armado Quintín Lame, MAQL).

Moreover, it regards as positive the attitude of the national government in modifying substantial aspects of the peace policy in the letter sent by the president to representatives of the PNR.

These events clearly show that the political scenario to contribute to resolving the country’s armed conflict is a democratic and sovereign constitution that lays the foundations for a peace agreement.

EPL notes that this meeting with the council for peace guarantees these steps and clearly accepts the purpose of and close relationship between the constitution and the peace process as set out in the president’s letter (“the assembly is today the main instrument for expanding democracy, ensuring solid and stable institutions that allow Colombians to live together, and overcoming the various manifestations of violence in which the country has been immersed, especially in recent years”).

EPL values the importance of considering the possibility of an international monitor to supervise compliance with the agreements and the willingness of the national government to accept protocols I and II.

This attitude shows flexibility in the negotiating policy that paves the way to overcoming the armed conflict involving the country’s insurgent movement as a whole.