Acta de Compromiso entre el Gobierno Nacional y el EPL

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Country/entity: Colombia
Region: Americas
Agreement name: Acta de Compromiso entre el Gobierno Nacional y el EPL
Date: 10 Jan 1991
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: Implementation/renegotiation
Conflict nature: Government
Peace process: Colombia I - Gaviria
Parties: Memorandum which is not signed, but stated to be the document of the National Government and the EPL
Third parties: -
Description: This document has for goal to define a series of tasks for the government and the EPL to fulfil until March 1, 1991 as the initiation of a pre-agreement development. They agree not to make public statements on the topics included in this document until the process is completed, and to include the Catholic Church and international inspectors as observers (‘verificación’) who will evaluate the implementation of the process of compromise as agreed in this document by March 1. The compromise document builds on previous agreements. It includes reinsertion (incl. education, employment projects, citizen projects) as part of pre-agreement transition, culture and recreation, guarantees (incl. publication of the process document in 5 national newspapers (1 page), TV programme, establishment of 5 ‘casas de la paz’, joint press conference with international media representatives in Feb, a conference for combatants in one of the camps – incl. guarantees for safe journey there and back), regional planning, human rights (incl. foundation for the support of families of victims of the violence) inter alia.

Agreement document: CO_910110_ACTA DE COMPROMISO ENTRE EL GOBIERNO NACIONAL Y EL EPL -tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_910110_ACTA DE COMPROMISO ENTRE EL 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: age 4, 8. Human Rights,

a. The bilateral commission must undertake a mapping of the regions of influence and possible locations for holding fora.
b. The commission will set out a timeline of actions to be carried out, including the project for funding them.
c. In coordination with the foundation to support for family members of the victims of violence, the commission will define a programme of actions to be carried out.

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 3, 5. Spokespeople,
The government will provide support from the respective sectional governments for the handling of national EPL spokespeople at regional fora arranged by various political and social organisations, including EPL.
Traditional/religious leaders: Page 1, 1. Considerations, Article 2,
In light of the above, this memorandum of commitment is subject to the verification of the church as spiritual tutor of the negotiation process and by a member of the international monitor when it is established. This group may also be expanded to include a representative of a national body agreed by the parties.

Page 1, 1. Considerations, Article 3,
For verification, the church will be represented by Monsignor Rodrigo Escobar and Monsignor Guillermo Vega and the international monitor will be represented by the person who is appointed or a national monitor agreed by the parties.
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: age 4, 8. Human Rights,

a. The bilateral commission must undertake a mapping of the regions of influence and possible locations for holding fora.
b. The commission will set out a timeline of actions to be carried out, including the project for funding them.
c. In coordination with the foundation to support for family members of the victims of violence, the commission will define a programme of actions to be carried out.
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: Rights related issues→Media and communication→Media roles
Page 1, Article 4,
No government official or EPL member will be entitled to make public declarations regarding compliance with the matters set out herein.

Page 3, Promotion and Guarantees
[...]
b. Television: between 15 and 28 February, one programme per camp will be broadcast on the spot of the National Restoration Plan Amarillo, Azul, Rojo.
[...]
d. Press: There will be a joint meeting in Bogota with the international press in the first week of February. The government will manage the publication of an account in the magazine Semana.
[...]
Mobility/access: Page 3, Promotion and Guarantees
[...]
e. Conference of combatants: in line with the preliminary agreement, the government will provide guarantees for a conference of combatants in the Juan José camp. It will guarantee the means for the return transport of the delegates from each camp.
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
Page 4, 7. Regional Plans,
a. The bilateral commission will define the municipalities in which the regional plans will be implemented.
b. The government will provide the EPL members of the bilateral commission with the necessary information on the development plans and existing specific programmes for a diagnostic to determine the scope of the proposal for each region. //socio-economic reconstruction
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: Land, property and environment→Cultural heritage→Tangible
Page 2-3, 3. Culture and Leisure,
a. Cultural activities: at each camp there will be a culture week to be coordinated with the sectional governments.
[...]
Environment: No specific mention.
Water or riparian rights or access: Page 1-2, 1. Considerations, Commitments,
[...]
b. Water service: contracts will be put in place for the permanent supply of water for camps in Pueblo Nuevo and Arenas.
[...]

Security sector

Security Guarantees: Page 3-4, 6. Security,
Immediately agree the security plan and implement the aspects not subject to the surrender of arms.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 1-2, 1. Considerations, Commitments,
a. Housing: all camps will be provided with tents or barracks and bunks.
b. Water service: contracts will be put in place for the permanent supply of water for camps in Pueblo Nuevo and Arenas.
c. Health: permanent medical attention will be provided and a full day will be designated for dental care at all camps.
d. Clothing: a full change of clothing will be provided as was established by a bilateral commission created for this purpose.

Page 2, 2. Reinsertion,
The transition phase established in the preliminary agreement will begin.
a. Foundation: once the relevant documentation has been submitted by EPL, the government will make the legal arrangements for the constitution of the foundation to manage resources on behalf of EPL.
b. Formal education: the government will publish the textbook and manual for teaching literacy once the material has been provided by EPL. Camps will be provided with the necessary school equipment for literacy teaching based on a survey carried out for this purpose.
c. Primary education: the government will carry out design and assembly work for primary education once it has information on who requires this programme, which will be provided by the results of the reinsertion survey.
d. Training for productive projects: the survey will be used to design the various training programmes based on the joint work of two representatives from both parties. Insofar as possible, activities will commence in the camps. //socio-economic reconstruction
e. Training for public participation: the government will arrange courses on Colombian institutions for designated groups at each of the camps.

Page 2-3, 3. Culture and Leisure,
a. Cultural activities: at each camp there will be a culture week to be coordinated with the sectional governments.
b. Leisure implements: before 20 January, a volleyball ball and net, two footballs, two basketballs, five chess sets and five domino sets will be provided per camp. Five gifts for children will also be provided to be distributed among the camps.

Page 3, Promotion and Guarantees
[...]
c. Houses of Peace (Casas de la Paz): the foundation will make arrangements for the opening of five houses. In Bogota, the national government will contact the mayor to have the site in place as soon as possible.
[...]
e. Conference of combatants: in line with the preliminary agreement, the government will provide guarantees for a conference of combatants in the Juan José camp. It will guarantee the means for the return transport of the delegates from each camp.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, Promotion and Guarantees
[...]
e. Conference of combatants: in line with the preliminary agreement, the government will provide guarantees for a conference of combatants in the Juan José camp. It will guarantee the means for the return transport of the delegates from each camp.

Page 3, 5. Spokespeople,
The government will provide support from the respective sectional governments for the handling of national EPL spokespeople at regional fora arranged by various political and social organisations, including EPL.

Page 4, 9 Constitutional Meeting,
The Presidential Council will make arrangements with the Ministry of the Interior to arrange a meeting with EPL, the national government and group leaders of the National Constitutional Assembly.
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: Page 4, 8. Human Rights,
[...]
c. In coordination with the foundation to support for family members of the victims of violence, the commission will define a programme of actions to be carried out.
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, 1. Considerations, Article 2,
In light of the above, this memorandum of commitment is subject to the verification of the church as spiritual tutor of the negotiation process and by a member of the international monitor when it is established. This group may also be expanded to include a representative of a national body agreed by the parties.

Page 1, 1. Considerations, Article 5,
The verification group will carry out permanent non-public evaluations to stimulate compliance with the agreed terms. It will also conduct a final evaluation of overall compliance with this memorandum of commitment on 1 March.
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. 163

MEMORANDUM OF COMMITMENT BETWEEN THE NATIONAL GOVERNMENT AND THE POPULAR LIBERATION ARMY

10 January 1991

As part of the public communication and preliminary agreement signed by the national government and the Popular Liberation Army (Ejército Popular de Liberación, EPL) on 10 January 1991, the following memorandum of commitment is established.

1. CONSIDERATIONS

This document constitutes a memorandum of commitment establishing a series of specific tasks to be carried out before 1 March 1991 by both the national government and EPL to begin implementation of the preliminary agreement signed on 10 January.

In light of the above, this memorandum of commitment is subject to the verification of the church as spiritual tutor of the negotiation process and by a member of the international monitor when it is established.

This group may also be expanded to include a representative of a national body agreed by the parties.

For verification, the church will be represented by Monsignor Rodrigo Escobar and Monsignor Guillermo Vega and the international monitor will be represented by the person who is appointed or a national monitor agreed by the parties.

No government official or EPL member will be entitled to make public declarations regarding compliance with the matters set out herein.

The verification group will carry out permanent non-public evaluations to stimulate compliance with the agreed terms.

It will also conduct a final evaluation of overall compliance with this memorandum of commitment on 1 March.

The activities established in this memorandum include the continued implementation of the terms of previous agreements and memorandums.

Commitments:

Housing:

all camps will be provided with tents or barracks and bunks.

Water service:

contracts will be put in place for the permanent supply of water for camps in Pueblo Nuevo and Arenas.

Health:

permanent medical attention will be provided and a full day will be designated for dental care at all camps.

Clothing:

a full change of clothing will be provided as was established by a bilateral commission created for this purpose.

2. REINSERTION

The transition phase established in the preliminary agreement will begin.

Foundation:

once the relevant documentation has been submitted by EPL, the government will make the legal arrangements for the constitution of the foundation to manage resources on behalf of EPL.

Formal education:

the government will publish the textbook and manual for teaching literacy once the material has been provided by EPL.

Camps will be provided with the necessary school equipment for literacy teaching based on a survey carried out for this purpose.

Primary education:

the government will carry out design and assembly work for primary education once it has information on who requires this programme, which will be provided by the results of the reinsertion survey.

Training for productive projects:

the survey will be used to design the various training programmes based on the joint work of two representatives from both parties.

Insofar as possible, activities will commence in the camps.

Training for public participation:

the government will arrange courses on Colombian institutions for designated groups at each of the camps.

3. CULTURE AND LEISURE

Cultural activities:

at each camp there will be a culture week to be coordinated with the sectional governments.

Leisure implements:

before 20 January, a volleyball ball and net, two footballs, two basketballs, five chess sets and five domino sets will be provided per camp.

Five gifts for children will also be provided to be distributed among the camps.

4. PROMOTION AND GUARANTEES

Press notices:

the one-page notice to promote the process will be published in five national newspapers on 3 February.

Television:

between 15 and 28 February, one programme per camp will be broadcast on the spot of the National Restoration Plan Amarillo, Azul, Rojo.

Houses of Peace (Casas de la Paz): the foundation will make arrangements for the opening of five houses.

In Bogota, the national government will contact the mayor to have the site in place as soon as possible.

Press:

There will be a joint meeting in Bogota with the international press in the first week of February.

The government will manage the publication of an account in the magazine Semana.

Conference of combatants:

in line with the preliminary agreement, the government will provide guarantees for a conference of combatants in the Juan José camp.

It will guarantee the means for the return transport of the delegates from each camp.

5. SPOKESPEOPLE

The government will provide support from the respective sectional governments for the handling of national EPL spokespeople at regional fora arranged by various political and social organisations, including EPL.

6. SECURITY

Immediately agree the security plan and implement the aspects not subject to the surrender of arms.

7. REGIONAL PLANS

The bilateral commission will define the municipalities in which the regional plans will be implemented.

The government will provide the EPL members of the bilateral commission with the necessary information on the development plans and existing specific programmes for a diagnostic to determine the scope of the proposal for each region.

8. HUMAN RIGHTS

The bilateral commission must undertake a mapping of the regions of influence and possible locations for holding fora.

The commission will set out a timeline of actions to be carried out, including the project for funding them.

In coordination with the foundation to support for family members of the victims of violence, the commission will define a programme of actions to be carried out.

9. CONSTITUTIONAL MEETING

The Presidential Council will make arrangements with the Ministry of the Interior to arrange a meeting with EPL, the national government and group leaders of the National Constitutional Assembly.