Declaración Conjunta del Gobierno Nacional y el PRT, Don Gabriel, Ovejas, Sucre

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Country/entity: Colombia
Region: Americas
Agreement name: Declaración Conjunta del Gobierno Nacional y el PRT, Don Gabriel, Ovejas, Sucre
Date: 28 Dec 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: Not signed but stated to be the document of:

for the national
government, Jesús Antonio Bejarano A., of the Presidential Council for Reconciliation,
Normalisation and Restoration, and Carlos Eduardo Jaramillo C., Gonzalo de Francisco, Tomás Concha,
Álvaro Hernández and Gabriel Restrepo, advisers to the Presidential Council; for the Revolutionary
Workers Party (Partido Revolucionario de los Trabajadores, PRT),
leaders and commanders Valentín González, Sergio Sierra and Pablo Roncallo.
Third parties: -
Description: In this agreeement the parties reaffirm that the proposition is to find a political solution to the conflict PRT announces its ceasefire intention (6 days before the sessions of the National Assembly) and its wish for political, economic and social reinsertion. Tje PRT will be part of a commission of members of said National Assembly which will in front of members of the government and PRT will throw the weapons into the Caribbean Sea, explosives will be exploded and burnt. The government grants the PRT a representative in the National Assembly, all necessary consultations will take place for said representative to gain the rights of full members. The PRT requires guarantees that it will be allowed to proceed with its demands through political representation in exchange for the ceasefire. As part of bilateral commissions, provisions will be put in place for full reinsertion, security, education and regional planning A compromise act will be signed with the objective of guaranteeing development and the commitment of dealing with agreed topics.

Agreement document: CO_901228_DECLARACIÓN CONJUNTA DEL GOBIERNO NACIONAL Y EL PRT - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_901228_DECLARACIÓN CONJUNTA DEL GOBIERNO NACIONAL Y EL PRT.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: 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: Page 1, Article 1,
The national government and PRT reaffirm that the purpose of the process is the political solution to the armed conflict, the expansion of democracy in the country, strict respect for human rights and contributing to the reconciliation of Colombians.

Page 2, Article 6,
As a fundamental part of the surrender of arms, the national government must provide full guarantees to PRT to allow it to function as a political group. Similarly, as a consequence of the work by the bilateral commissions created in the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, and regional development must be fully underway by the date of the surrender of arms.
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, Article 1,
The national government and PRT reaffirm that the purpose of the process is the political solution to the armed conflict, the expansion of democracy in the country, strict respect for human rights and contributing to the reconciliation of Colombians.
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: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 1, Article 3,
The surrender of arms will take place seven days before the start of the sessions of the National Constitutional Assembly, and arms will be surrendered under a procedure agreed by the parties to a special commission of members from the constitutional assembly, which, in the presence of members of the national government and PRT, will dump the arms into the Caribbean Sea, rendering them unusable for war. Explosives and equipment for the exclusive use of state security bodies will be detonated and incinerated.

Page 1, Article 5,
Immediately after the surrender of arms, the national government will provide amnesty to PRT members under the terms of the procedure set out in the memorandum of commitment and the decree issued for this purpose.

Page 2, Article 6,
As a fundamental part of the surrender of arms, the national government must provide full guarantees to PRT to allow it to function as a political group. Similarly, as a consequence of the work by the bilateral commissions created in the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, and regional development must be fully underway by the date of the surrender of arms
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 2,
As a result of the above, PRT announces its willingness to surrender arms and rejoin the country’s political, social and economic life as an expression of its desire for peace and a fairer and more democratic society for Colombia.

[Summary: For detailed DDR provisions see DDR.]

Page 1, Article 4,
The national government awards PRT a permanent spokesperson on the National Constitutional Assembly and PRT may engage in the required consultations with the various members of the assembly to allow this spokesperson to attain full rights.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, Article 5,
Immediately after the surrender of arms, the national government will provide amnesty to PRT members under the terms of the procedure set out in the memorandum of commitment and the decree issued for this purpose.
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: Page 1, Article 1,
The national government and PRT reaffirm that the purpose of the process is the political solution to the armed conflict, the expansion of democracy in the country, strict respect for human rights and contributing to the reconciliation of Colombians.

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, Article 7,
The national government and PRT will sign a memorandum of commitment as a constituent part of this agreement to guarantee the implementation of and compliance with the agreed matters.
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. 181

JOINT DECLARATION OF THE NATIONAL GOVERNMENT AND THE REVOLUTIONARY WORKERS’ PARTY IN DON GABRIEL, OVEJAS, SUCRE

28 December 1990

In the town of Don Gabriel in the municipality of Ovejas in the department of Sucre, as part of the peace process, the following parties met on 28 December 1990:

for the national government, Jesús Antonio Bejarano A., of the Presidential Council for Reconciliation, Normalisation and Restoration, and Carlos Eduardo Jaramillo C., Gonzalo de Francisco, Tomás Concha, Álvaro Hernández and Gabriel Restrepo, advisers to the Presidential Council;

for the Revolutionary Workers Party (Partido Revolucionario de los Trabajadores, PRT), leaders and commanders Valentín González, Sergio Sierra and Pablo Roncallo.

As a result of this meeting, the following was agreed:

The national government and PRT reaffirm that the purpose of the process is the political solution to the armed conflict, the expansion of democracy in the country, strict respect for human rights and contributing to the reconciliation of Colombians.

As a result of the above, PRT announces its willingness to surrender arms and rejoin the country’s political, social and economic life as an expression of its desire for peace and a fairer and more democratic society for Colombia.

The surrender of arms will take place seven days before the start of the sessions of the National Constitutional Assembly, and arms will be surrendered under a procedure agreed by the parties to a special commission of members from the constitutional assembly, which, in the presence of members of the national government and PRT, will dump the arms into the Caribbean Sea, rendering them unusable for war.

Explosives and equipment for the exclusive use of state security bodies will be detonated and incinerated.

The national government awards PRT a permanent spokesperson on the National Constitutional Assembly and PRT may engage in the required consultations with the various members of the assembly to allow this spokesperson to attain full rights.

Immediately after the surrender of arms, the national government will provide amnesty to PRT members under the terms of the procedure set out in the memorandum of commitment and the decree issued for this purpose.

As a fundamental part of the surrender of arms, the national government must provide full guarantees to PRT to allow it to function as a political group.

Similarly, as a consequence of the work by the bilateral commissions created in the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, and regional development must be fully underway by the date of the surrender of arms.

The national government and PRT will sign a memorandum of commitment as a constituent part of this agreement to guarantee the implementation of and compliance with the agreed matters.