Primera Declaración Conjunta Gobierno Nacional – Movimiento Jaime Bateman Cayón

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Country/entity: Colombia
Region: Americas
Agreement name: Primera Declaración Conjunta Gobierno Nacional – Movimiento Jaime Bateman Cayón
Date: 1 Oct 1995
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 II - Samper
Parties: For the National Goverment,

DANIEL GARCÍA-PEÑA /ARAMILLO
For the Movement Jaime Bateman Gayon,

PA-X, Peace Agreement Access Tool (Translation © University of Edinburgh)
www.peaceagreements.org
2
JORGE ELIÉCER ZAPATA
Spokeperson

RUBEN SÁNCHEZ DAVID, ALEJO VARGAS VELASQUEZ,
Third parties: For the Peace Facilitation Commission,
MONSIGNOR ALBERTO GIRALDO JARAMILLO, MONSIGNOR HÉCTOR GUTIÉRREZ PABÓN, NUBY FERNÁNDEZ, ALFONSO
LIZARAZO, L/ BARDO OREJUELA DÍAZ, GERMÁN ROJAS NIÑO
House of Representatives Peace Commission
JOSE MAYA GARCIA, YOLIMA ESPINOSA VERA.
Description: This is a first joint declaration that marks the formal start of direct negotiations. The document expresses principles and prerequisites of the process.

Agreement document: CO_951001_PRIMERA DECLARACI‡N CONJUNTA GOBIERNO NACIONAL - MOV - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_951001_PRIMERA DECLARACIÓN CONJUNTA GOBIERNO NACIONAL - MOV.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, Article 4,
The process that formally begins today has the firm backing of the House of Representatives Peace Commission. The process requires the participation of all Colombians, whom we invite to take part. We acknowledge that the work of the Peace Facilitation Commission has been extremely important so far, which, with the backing of the national government, prepared the ground for contact between the national government and JBC.
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 3,
In the development of the process, we believe it is essential to define an agenda that prioritises the analysis and effective and immediate application of international humanitarian law, particularly for the non-combatant population.
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: 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: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: En ausencia de un proceso de paz: Acuerdos Parciales y Mandato Ciudadano por la Paz, Biblioteca de la Paz – 1994-1998, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book IV) p. 200

FIRST JOINT DECLARATION OF THE NATIONAL GOVERNMENT AND THE JAIME BATEMAN CAYÓN MOVEMENT

1 October 1995

We, the representatives of the national government and the Jaime Bateman Cayón Movement (Movimiento Jaime Bateman Cayón, JBC), on 1 October 1995, in the presence of the Peace Facilitation Commission and the House of Representatives Peace Commission agree to communicate the following to the public:

Today, direct talks between the government and this political movement that is involved in armed conflict have been formalised to build a long-lasting peace via a new methodology based on the participation of all Colombians.

We believe this process shows the country that dialogue and consensus are the means to resolve conflicts and overcome our differences, within a healthy atmosphere of tolerance and by defining specific conditions that make it possible to conduct negotiations and reach agreements.

In the development of the process, we believe it is essential to define an agenda that prioritises the analysis and effective and immediate application of international humanitarian law, particularly for the non-combatant population.

The process that formally begins today has the firm backing of the House of Representatives Peace Commission.

The process requires the participation of all Colombians, whom we invite to take part.

We acknowledge that the work of the Peace Facilitation Commission has been extremely important so far, which, with the backing of the national government, prepared the ground for contact between the national government and JBC.

Signatures:

For the National Goverment,

DANIEL GARCÍA-PEÑA /ARAMILLO

For the Movement Jaime Bateman Gayon,

JORGE ELIÉCER ZAPATA

Spokeperson

RUBEN SÁNCHEZ DAVID, ALEJO VARGAS VELASQUEZ,

Witness.

For the Peace Facilitation Commission,

MONSIGNOR ALBERTO GIRALDO JARAMILLO, MONSIGNOR HÉCTOR GUTIÉRREZ PABÓN,

NUBY FERNÁNDEZ, ALFONSO LIZARAZO, L/ BARDO OREJUELA DÍAZ, GERMÁN ROJAS NIÑO

House of Representatives Peace Commission

JOSE MAYA GARCIA, YOLIMA ESPINOSA VERA.