Acuerdo Inicial entre el Gobierno Nacional, las Milicias Populares del Pueblo y para el Pueblo y las Milicias Populares Independientes del Valle de Aburrá

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo Inicial entre el Gobierno Nacional, las Milicias Populares del Pueblo y para el Pueblo y las Milicias Populares Independientes del Valle de Aburrá
Date: 15 Feb 1994
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: FABIO VILLEGAS RAMÍREZ Ministro de Gobierno CARLOS E. JARAMILLO CASTILLO Consejero Presidencia para la Paz JORGE ORLANDO MELO Consejero Presidencial para Medellín y su Area Metropolitana CAMILO GRANADA Consejero Presidencial para la Seguridad Nacional JUAN GÓMEZ MARTÍNEZ Gobernador de Antioquia LUIS ALFREDO RAMOS BOTERO Alcalde de Medellín
TOMÁS CONCHA SANZ Jefe Programa de Reinserción
Por las Milicias Populares del Pueblo y para el Pueblo:
ARLES AGUIRRE ROBERTO EMILIO BEDOYA CARLOS CORREA

Por las Milicias Popolares Independientes del Valle de Aburrá:
FERLY WIMAN OROZCO M. ARLES RODRÍGUEZ MORA HÉCTOR FABIO BENITEZ
Third parties: Representante de la Iglesia:
MONSEÑOR HÉCTOR FABIO HENAO GAVIRIA Testigo-Tutor
TESTIGOS:
MARIO AGUDELO Esperanza Paz y Libertad ALEX UZUGA Esperanza Paz y Libertad Medellín, Antioquia
Description: This is an agreement on the initiation of a negotiation process with goal to demobilisation, decommissioning and reinsertion, elaboration of agenda and working methods to facilitate the process and to verify the agreed compromises, invitation to regional and urban government as well as the Catholic Church to join the negotiations, and seeking the support of the media and the population for the process.

Agreement document: CO_940215_ACUERDO INICIAL ENTRE EL GOBIERNO NACIONAL LAS MILICIAS POPULARES - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_940215_ACUERDO INICIAL ENTRE EL GOBIERNO NACIONAL LAS MILICIAS POPULARES.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, Untitled Preamble,
[...]
MP/PP and MP/IVA acknowledge that the situation in terms of public order, social, economic, political and cultural aspects, and violence being experienced by the city, particularly in the communities in the northeast and northwest zones, requires not the armed conflict of members of the community but the strengthening of the institutional presence of a social state backed by the rule of law, in addition to legal and constitutional instruments, and the democratic participation of an organised community to achieve peace and promote the common good.
[...]

Page 2, Article 5,
Invite the media and the community in general to follow and support the negotiations to ensure they represent a special contribution to the peace process for Medellín, Antioquia and the country as a whole.

Annex, Page 2, Article 8c,
The tasks to be carried out during the talks will include:
c. To cover the requirements of activities prior to demobilisation and disarmament, the government will provide COP 30 million to be managed by an NGO in the city of Medellín, subject to the approval of plans for activities by the government.
Traditional/religious leaders: Page 2, Article 4,
Invite the Catholic Church to act as moral tutor of the process and witness to the negotiations and any agreements that are reached.

Page 3

Representante de la Iglesia:
MONSEÑOR HÉCTOR FABIO HENAO GAVIRIA Testigo-Tutor
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: Rights related issues→Media and communication→Media roles
Page 2, Article 5,
Invite the media and the community in general to follow and support the negotiations to ensure they represent a special contribution to the peace process for Medellín, Antioquia and the country as a whole.
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: Annex, Pages 1-2, Article 4,
The government will declare the venue of negotiations a special demilitarised zone under Law 104, 1993, and the following procedures and mechanisms will apply:

Annex, Page 1, Article 4b,
State security organisations will not be present in the demilitarised zone.

Annex, Page 2, Article 4d,
The access of visitors to the demilitarised site will be free but controlled. For this purpose, a control post will be established at the official access point to the demilitarised site. The post will be manned by staff from the Council for Peace, supported by the public forces, and anyone entering will be required to record their name, ID number, date of entry and exit on a form that will be issued and processed by the Council for Peace.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Annex, Page 2, Article 4e,
Armed Forces will be present to support representatives of the Council for Peace at the access control point although their activities will be limited to searching people, luggage and vehicles.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Untitled Preamble,
[...]
The government recognises the phenomenon of popular militias as an expression of the conflicts being experienced by the city of Medellín and a factor of violence that merits treatment under article 14 of Law 104, 1993.
[...]

Annex, Page 1, Article 2,
The government undertakes to study as soon as possible the legal circumstances of each of the members of MP/PP and MP/IVA in the lists referred to above. The government will set out the alternative legal solutions at the talks in line with the types of cases for members of the organisations.

Annex, Page 1, Article 3,
A total of five spokespeople will be appointed for negotiations by MP/PP and MP/IVA. The government will provide bodyguards and vehicles for the security of the spokespeople. The functions and obligations of the spokespeople will be defined at the talks, in addition to the specific operating mechanisms for the security arrangements.

Annex, Page 1, Article 4a,
The MP/PP and MP/IVA negotiators will be present in this zone for the duration of the negotiations, in addition to the members of their internal security teams.

Annex, Page 2, Article 4c,
For the duration of the negotiation process, only people acting as spokespeople for the militias will be able to circulate outside the demilitarised zone.

Annex, Page 2, Article 5,
The government negotiating commission will comprise the people appointed by the government for this purpose. The negotiating commissions for MP/PP and MP/IVA will each have three members who will be permanently stationed at the site chosen for the negotiations.

Annex, Page 2, Article 6,
For the duration of the negotiations, the government will provide accommodation and food for the MP/PP and MP/IVA negotiators and their internal security teams.

Annex, Page 2, Article 7,
The agenda for the negotiations will include the study of favourability mechanisms for the zones where MP/PP and MP/IVA are present to guarantee the increased activities of state institutions and programmes in these areas.
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: 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. 393

INITIAL AGREEMENT BETWEEN THE NATIONAL GOVERNMENT, THE POPULAR MILITIAS OF THE PEOPLE AND FOR THE PEOPLE, AND THE INDEPENDENT POPULAR MILITIAS OF THE VALLE DE ABURRÁ

15 February 1994

The government and the Popular Militias of the People and for the People (Milicias Populares del Pueblo y para el Pueblo, MP/PP) and the Independent Popular Militias of the Valle de Aburrá (Milicias Populares Independientes del Valle del Aburrá, MP/IVA) of Medellín, present in the city of Medellín on 15 February 1994, have reached an agreement, subject to the following considerations:

The government recognises the phenomenon of popular militias as an expression of the conflicts being experienced by the city of Medellín and a factor of violence that merits treatment under article 14 of Law 104, 1993.

MP/PP and MP/IVA acknowledge that the situation in terms of public order, social, economic, political and cultural aspects, and violence being experienced by the city, particularly in the communities in the northeast and northwest zones, requires not the armed conflict of members of the community but the strengthening of the institutional presence of a social state backed by the rule of law, in addition to legal and constitutional instruments, and the democratic participation of an organised community to achieve peace and promote the common good.

Based on this understanding, MP/PP and MP/IVA have expressed their desire to initiate a process to reach a negotiated solution to the conflict in which they are immersed and bring about their disarmament, demobilisation and subsequent reinsertion into civil life under the leadership of the government, affirming their decision to initiate a unilateral general suspension of all activities carried out on the fringes of the law from the signing of this agreement.

There is a positive consensus regarding points above in order to explore new mechanisms to address the urban problem in different cities throughout the country and the case of Medellín being important for strengthening the policy for peace and efforts to achieve the peace and harmony desired by all upstanding Colombians.

The parties agree the following:

Formally initiate a negotiation process between the government and MP/PP and MP/IVA, leading to the demobilisation, disarmament and reincorporation into institutional life of these militias on the understanding that ensuring order and public coexistence is the sole competence of the state and may not be delegated.

Establish an agenda and working method to facilitate the negotiation process and verification of the commitments made.

Invite the governments of the department of Antioquia and the municipality of Medellín and its metropolitan area to form part of this negotiation process.

Invite the Catholic Church to act as moral tutor of the process and witness to the negotiations and any agreements that are reached.

Invite the media and the community in general to follow and support the negotiations to ensure they represent a special contribution to the peace process for Medellín, Antioquia and the country as a whole.

Por el Gobierno:

FABIO VILLEGAS RAMÍREZ

Ministro de Gobierno

CARLOS E. JARAMILLO CASTILLO

Consejero Presidencia para la Paz

JORGE ORLANDO MELO

Consejero Presidencial para Medellín y su Area Metropolitana

CAMILO GRANADA

Consejero Presidencial para la Seguridad Nacional

JUAN GÓMEZ MARTÍNEZ

Gobernador de Antioquia

LUIS ALFREDO RAMOS BOTERO

Alcalde de Medellín

TOMÁS CONCHA SANZ

Jefe Programa de Reinserción

Por las Milicias Populares del Pueblo y para el Pueblo:

ARLES AGUIRRE

ROBERTO EMILIO BEDOYA

CARLOS CORREA

Por las Milicias Popolares Independientes del Valle de Aburrá:

FERLY WIMAN OROZCO M.

ARLES RODRÍGUEZ MORA

HÉCTOR FABIO BENITEZ

Representante de la Iglesia:

MONSEÑOR HÉCTOR FABIO HENAO GAVIRIA

Testigo-Tutor

TESTIGOS:

MARIO AGUDELO

Esperanza Paz y Libertad

ALEX UZUGA

Esperanza Paz y Libertad Medellín, Antioquia

ANNEX TO THE INITIAL AGREEMENT BETWEEN THE NATIONAL GOVERNMENT, THE POPULAR MILITIAS OF THE PEOPLE AND FOR THE PEOPLE AND THE INDEPENDENT POPULAR MILITIAS OF THE VALLE DE ABURRÁ

15 February 1994

The government and the Popular Militias of the People and for the People (Milicias Populares del Pueblo y para el Pueblo, MP/PP) and the Independent Popular Militias of the Valle de Aburrá (Milicias Populares Independientes del Valle del Aburrá, MP/IVA) make the following commitments to take forward the previous agreement:

MP/PP and MP/IVA will provide the government with the following:

an explanatory map detailing and specifying the locations and areas of action and influence of its members at the start of talks;

the size and composition of its membership with a demographic and socio-economic profile and a general list, eight days from the start of talks.

the full list of arms to be surrendered, with details of the type, model and quantity, in addition to ammunition, explosives and other instruments of war for the exclusive use of the armed forces, within 15 days from the start of talks.

The government undertakes to study as soon as possible the legal circumstances of each of the members of MP/PP and MP/IVA in the lists referred to above.

The government will set out the alternative legal solutions at the talks in line with the types of cases for members of the organisations.

A total of five spokespeople will be appointed for negotiations by MP/PP and MP/IVA.

The government will provide bodyguards and vehicles for the security of the spokespeople.

The functions and obligations of the spokespeople will be defined at the talks, in addition to the specific operating mechanisms for the security arrangements.

The government will declare the venue of negotiations a special demilitarised zone under Law 104, 1993, and the following procedures and mechanisms will apply:

The MP/PP and MP/IVA negotiators will be present in this zone for the duration of the negotiations, in addition to the members of their internal security teams.

State security organisations will not be present in the demilitarised zone.

For the duration of the negotiation process, only people acting as spokespeople for the militias will be able to circulate outside the demilitarised zone.

The access of visitors to the demilitarised site will be free but controlled.

For this purpose, a control post will be established at the official access point to the demilitarised site.

The post will be manned by staff from the Council for Peace, supported by the public forces, and anyone entering will be required to record their name, ID number, date of entry and exit on a form that will be issued and processed by the Council for Peace.

Armed Forces will be present to support representatives of the Council for Peace at the access control point although their activities will be limited to searching people, luggage and vehicles.

The government negotiating commission will comprise the people appointed by the government for this purpose.

The negotiating commissions for MP/PP and MP/IVA will each have three members who will be permanently stationed at the site chosen for the negotiations.

For the duration of the negotiations, the government will provide accommodation and food for the MP/PP and MP/IVA negotiators and their internal security teams.

The agenda for the negotiations will include the study of favourability mechanisms for the zones where MP/PP and MP/IVA are present to guarantee the increased activities of state institutions and programmes in these areas.

The tasks to be carried out during the talks will include:

Drawing up a table of settlements where MP/PP and MP/IVA are present to allow the preparation of an investment plan with cash flows and monitoring and evaluation mechanisms.

Study a favourability plan and guarantees for the reincorporation of MP/PP and MP/IVA members into the country’s civil and democratic life.

To cover the requirements of activities prior to demobilisation and disarmament, the government will provide COP 30 million to be managed by an NGO in the city of Medellín, subject to the approval of plans for activities by the government.

The witness–tutor will witness, as required, the agreements reached at the talks.

The date 8 March 1994 is agreed for the disarmament and demobilisation of MP/PP and MP/IVA at proceedings whose place and time will be agreed in the final agreement.