Acuerdo General entre el Gobierno Nacional y el Partido Revolucionario de los Trabajadores, Don Gabriel, Ovejas, Sucre

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo General entre el Gobierno Nacional y el Partido Revolucionario de los Trabajadores, 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: Framework/substantive - partial
Conflict nature: Government
Peace process: Colombia I - Gaviria
Parties: Por el Gobierno Nacional,
HUMBERTO DE LA CALLE LOMBANA
Ministro de Gobierno
JESÚS ANTONIO BEJARANO
Consejero Presidencial
CARLOS EDUARDO JARA MILLO
Asesor Consejería
GONZALO DE FRANCISCO
Asesor Consejería
ALVARO HERNANDEZ
Asesor Consejería
GABRIEL RESTREPO
Asesor Consejería

Por el PRT,
VALENTIN GONZALEZ
SERGIO SIERRA
PABLO RONCALLO
RAFAEL GONzALEZ
ERNESTO FALLA
IVAN SUAREZ
Third parties: Witness: Orlando Fals Borda, delegado a la ANC por la lista de la AD M-19
Description: This agreement includes concrete steps of ceasefire including date (Jan 26, 1991) in exchange for a representative in the National Assembly who will seek full membership. The government declares to establish a presidential delegation office on the Atlantic coast for the defense and promotion of human rights in addition to a commission for human rights on the Atlantic Coast (specifies who will be represented within) which will implement mechanisms for social organisation and the community to learn about the human rights situation of the region. In exchange of the ceasefire, the government makes political, legal and economic guarantees for the legalisation and reinsertion of the PRT. Bilateral commissions will be established for this purpose. The PRT calls on other armed groups to follow their example and affirms its contribution to the peace process.

Agreement document: CO_901228_ACUERDO GENERAL ENTRE EL GOBIERNO NACIONAL Y EL PARTIDO REVOLUCIONARIO DE LOS TRABAJADORES - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_901228_ACUERDO GENERAL ENTRE EL GOBIERNO NACIONAL Y EL PARTIDO REVOLUCIONARIO DE LOS TRABAJADORES.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 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
Traditional/religious leaders: Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
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,
The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment. The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

Page 2, Article 5,
As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before 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: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: Rights institutions→NHRI→New or fundamentally revised NHRI
Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
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: Page 2, Article 5,
As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.
Ceasefire: No specific mention.
Police: Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
Armed forces: Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
DDR: Security sector→DDR→DDR programmes
Page 1, Article 2,
PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

Page 1-2, Article 3,
Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

Page 2, Article 5,
As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 1,
The PRT will have a permanent seat on the National Constitutional Assembly. The form of this participation will be defined before the proceedings for the surrender of arms. In light of the government’s offer of a permanent spokesperson, PRT ratifies its aspiration for its representative to have full rights.

Page 1, Article 2,
PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

Page 1-2, Article 3,
Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

Page 2, Article 7,
PRT expresses its aspiration for this agreement to contribute to progress in the negotiation processes with EPL and the Quintin Lame Armed Movement (Movimiento Armado Quintín Lame, MAQL) and issues a call to the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the National Liberation Army (Ejército de Liberación Nacional, ELN) to reach a truce in military operations and show signs of real willingness to achieve peace.
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 1-2, Article 3,
Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in 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, Untitled Preamble,
The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment. The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

Implementation

UN signatory: No specific mention.
Other international signatory: ORLANDO FALS BORDA
Testigo, delegado a la ANC por la lista de la AD M-19.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Article 6,
The national government and PRT will sign, as a constituent part of this agreement, a memorandum of commitment detailing the commitments and mechanisms to guarantee development of and compliance with the agreed issues.
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. 182

GENERAL AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND THE REVOLUTIONARY WORKERS’ PARTY IN DON GABRIEL, OVEJAS, SUCRE

28 December 1990

The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment.

The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

As the pursuit of this objective is one of the fundamental objectives of the peace process, this is a crucial moment to consolidate the commitments and steps to ensure the emergence of new political and social forces represent the strengthening of aspirations to find a democratic solution to the conflicts of the Colombian people.

To achieve this, the national government and PRT sign the following general agreement:

The PRT will have a permanent seat on the National Constitutional Assembly.

The form of this participation will be defined before the proceedings for the surrender of arms.

In light of the government’s offer of a permanent spokesperson, PRT ratifies its aspiration for its representative to have full rights.

PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea.

Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated.

Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region.

It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic.

This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.

As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life.

Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.

The national government and PRT will sign, as a constituent part of this agreement, a memorandum of commitment detailing the commitments and mechanisms to guarantee development of and compliance with the agreed issues.

PRT expresses its aspiration for this agreement to contribute to progress in the negotiation processes with EPL and the Quintin Lame Armed Movement (Movimiento Armado Quintín Lame, MAQL) and issues a call to the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the National Liberation Army (Ejército de Liberación Nacional, ELN) to reach a truce in military operations and show signs of real willingness to achieve peace.

It also aspires for the national government, in a patriotic effort, to the search for a path to return to dialogue and negotiation in order to provide a political means to overcome armed conflict in the country.

Por el Gobierno Nacional,

HUMBERTO DE LA CALLE LOMBANA

Ministro de Gobierno

JESÚS ANTONIO BEJARANO

Consejero Presidencial

CARLOS EDUARDO JARA MILLO

Asesor Consejería

GONZALO DE FRANCISCO

Asesor Consejería

ALVARO HERNANDEZ

Asesor Consejería

GABRIEL RESTREPO

Asesor Consejería

ORLANDO FALS BORDA

Testigo, delegado a la ANC por la lista de la AD M-19.

Por el PRT,

VALENTIN GONZALEZ

SERGIO SIERRA

PABLO RONCALLO

RAFAEL GONzALEZ

ERNESTO FALLA

IVAN SUAREZ