Acuerdo de Remolinos del Caguán: Joaquín Gómez Fabián Ramírez Comandantes del Bloque Sur de las FARC-EP, Delegados del Gobierno José Noé Ríos y Carlos Vicente de Roux, Delegados de la Cruz Roja y Monseñor Luis Augusto Castro

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo de Remolinos del Caguán: Joaquín Gómez Fabián Ramírez Comandantes del Bloque Sur de las FARC-EP, Delegados del Gobierno José Noé Ríos y Carlos Vicente de Roux, Delegados de la Cruz Roja y Monseñor Luis Augusto Castro
Date: 3 Jun 1997
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 II - Samper
Parties: Agreement states that it is signed by 10 people, copy does not have signatures but states the following to be involved.

Joaquín Gómez Fabián Ramírez
Comandantes del Bloque Sur de las FARC-EP, Delegados del Gobierno
José Noé Ríos y Carlos Vicente de Roux, Delegados de la Cruz Roja y
Monseñor Luis Augusto Castro
Third parties: -
Description: This is a document about the handover of 60 soldiers and 10 marines by the FARC, the access of the Colombian IRC prior to the transfer and the presence of the mothers of the soldiers at the handover.

Agreement document: CO_970603_ACUERDO DE REMOLINOS DEL CAGUÂN - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_970603_ACUERDO DE REMOLINOS DEL CAGUÁN.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: Page 1, Article 1,
All mothers of soldiers will be entitled to be present when they are surrendered to the International Red Cross Committee (Comité Internacional de la Cruz Roja, CICR) and the National Reconciliation Commission (Comisión de Conciliación Nacional, CCN).
The government will provide CICR and CCN with the means required for this purpose and for their due return, including the site where the soldiers will be surrendered to the government.
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 1,
All mothers of soldiers will be entitled to be present when they are surrendered to the International Red Cross Committee (Comité Internacional de la Cruz Roja, CICR) and the National Reconciliation Commission (Comisión de Conciliación Nacional, CCN).
The government will provide CICR and CCN with the means required for this purpose and for their due return, including the site where the soldiers will be surrendered to the government.

Page 1, Article 2,
Prior to surrender, CICR will carry out the necessary medical check-ups of soldiers and navy infantry with support from duly accredited doctors from the Colombian Red Cross.
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: 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→Other
Page 1, Article 4,
The list of accredited journalists for the proceedings created by the Ministry of Communications and the Government Secretary of Caquetá will be provided to CCN and CICR, who will pass it on to FARC 24 hours in advance for information and control purposes.
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→Demilitarisation provisions
[Summary: The whole agreement provides for measures on the surrender of FARC soldiers and marines to the International Red Cross Committee (Comité Internacional de la Cruz Roja, CICR) and the National Reconciliation Commission (Comisión de Conciliación Nacional, CCN). For detailed provisions see civil society, women, past provision and enforcement mechanism.]
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: [Summary: The whole agreement provides for measures on the surrender of FARC soldiers and marines to the International Red Cross Committee (Comité Internacional de la Cruz Roja, CICR) and the National Reconciliation Commission (Comisión de Conciliación Nacional, CCN). For detailed provisions see civil society, women, past provision and enforcement mechanism.]
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: José Noé Ríos y Carlos Vicente de Roux, Delegados de la Cruz Roja
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Article 9,
The security zone clearing will remain in place until 23 June 2400. Representatives of CICR, CCN, the national government and the other competent bodies will remain present to guarantee the zone.
Related cases: No specific mention.
Source: http://www.eltiempo.com/archivo/documento/MAM-579209

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. 264

REMOLINOS DE CAGUÁN AGREEMENT:

COMMANDERS OF THE SOUTHERN BLOCK OF THE REVOLUTIONARY ARMED FORCES OF COLOMBIA PEOPLE’S ARMY (JOAQUÍN GÓMEZ, FABIÁN RAMÍREZ), GOVERNMENT REPRESENTATIVES (JOSÉ NOÉ RÍOS AND CARLOS VICENTE DE ROUX), RED CROSS DELEGATES AND MONSIGNOR LUIS AUGUSTO CASTRO

3 June 1997

All mothers of soldiers will be entitled to be present when they are surrendered to the International Red Cross Committee (Comité Internacional de la Cruz Roja, CICR) and the National Reconciliation Commission (Comisión de Conciliación Nacional, CCN).

The government will provide CICR and CCN with the means required for this purpose and for their due return, including the site where the soldiers will be surrendered to the government.

Prior to surrender, CICR will carry out the necessary medical check-ups of soldiers and navy infantry with support from duly accredited doctors from the Colombian Red Cross.

Prior to surrender, a press conference with soldiers will be held for media that have been duly accredited by Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC).

The list of accredited journalists for the proceedings created by the Ministry of Communications and the Government Secretary of Caquetá will be provided to CCN and CICR, who will pass it on to FARC 24 hours in advance for information and control purposes.

International witnesses will be invited to participate in the ceremony for the surrender of soldiers and infantry.

Before boarding the vehicles that will be used to transport soldiers and infantry to the site where they will be surrendered to the government, CICR and CCN will request that each signs a document accepting their voluntary transportation.

CICR, CCN and FARC will sign a certificate of receipt with the annexed list of all soldiers and infantry in the vehicles, who will then be the responsibility of CICR and CCN.

The 60 soldiers and 10 navy infantry will be surrendered by FARC to CICR and CCN on 15 June in the town of Cartagena del Chairá.

The security zone clearing will remain in place until 23 June 2400.

Representatives of CICR, CCN, the national government and the other competent bodies will remain present to guarantee the zone.

The signatures of the 10 people involved in drawing up this agreement are included below.