Preacuerdo entre el Gobierno Nacional y el MIR-COAR

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Country/entity: Colombia
Region: Americas
Agreement name: Preacuerdo entre el Gobierno Nacional y el MIR-COAR
Date: 21 Jan 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: Pre-negotiation/process
Conflict nature: Government
Peace process: Colombia II - Samper
Parties: For the national government:
HORACIO SERPA URIBE, Minister of the Interior
DANIEL GARCIA-PEÑA, Peace Commissioner
TOMÁS CONCHA SANZ, Head of the Presidential Reinsertion Programme

For MIR–COAR:
LUIS FERNANDO QUIJANO MORENO
ALVARO DE JESÚS RAMÍREZ RIVERA
SANTIAGO QUIJANO MORENO
CARLOS MARIO ARENAS LÓPEZ
Third parties: -
Description: This is a preliminary agreement between the National Government and the Independent Revolutionary Movement, agreeing to find a permanent solution to the armed conflict. The negotiating parties agree among others on security and legal guarantees, the provision of sufficient operative measures and to further meetings.

Agreement document: CO_970121_PREACUERDO ENTRE EL GOBIERNO NACIONAL Y EL MIR-COAR - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): Co_970121_PREACUERDO ENTRE EL GOBIERNO NACIONAL Y EL MIR-COAR.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, Untitled Preamble,
The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.
To achieve this, MIR–COAR undertakes to overcome all obstacles that may arise in order to carry out this process and guarantee the military demobilisation of its members, respect the rules, standards and provisions of international humanitarian law for the duration of the process to reach a permanent agreement, suspend offensive military activities throughout the process, and submit, in the course of the process, details of the urban and rural zones in which it operates and which are known to be under its influence.
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, Untitled Preamble,
The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.
To achieve this, MIR–COAR undertakes to overcome all obstacles that may arise in order to carry out this process and guarantee the military demobilisation of its members, respect the rules, standards and provisions of international humanitarian law for the duration of the process to reach a permanent agreement, suspend offensive military activities throughout the process, and submit, in the course of the process, details of the urban and rural zones in which it operates and which are known to be under its influence.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Page 2, Mutual commitments, Article 1,
Carry out meetings with the greatest possible discretion and privacy, without issuing communications to the press, in order to respect the security of the members of the commissions.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Mutual commitments, Article 2,
Work together to establish a professional team that will jointly evaluate with communities the socio-economic situation of the areas submitted as zones of influence of the insurgent group to provide the basis for making decisions regarding social investment in these areas, this being understood as the social restoration of neighbourhoods.
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 1, Government commitments, Article 1,
Provide the guarantees required by the spokespeople and representative members designated by MIR–COAR while the political–social negotiation process takes place.

Page 1, Government commitments, Article 2,
Guarantee under the terms set out in Law 104, 1993, reformed by Law 241, 1995, the suspension of the execution of capture orders for the representatives–members and spokespeople appointed by the organisation and recognised by the national government.

Page 2, Government commitments, Article 3,
Guarantee legal assistance to members of the organisation from the signing of this document throughout the talks. Under all circumstances, the government reserves the right to suspend them if this is warranted by the development of the process.

Page 2, Government commitments, Article 4,
Guarantee secure transport of spokespeople and representatives–members, as required, to carry out talks.

Page 2, Government commitments, Article 5,
Provide sufficient operative measures to make progress in this contact process.

Page 2, Mutual commitments, Article 1,
Carry out meetings with the greatest possible discretion and privacy, without issuing communications to the press, in order to respect the security of the members of the commissions.

Page 2, Mutual commitments, Article 2,
Work together to establish a professional team that will jointly evaluate with communities the socio-economic situation of the areas submitted as zones of influence of the insurgent group to provide the basis for making decisions regarding social investment in these areas, this being understood as the social restoration of neighbourhoods.
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: Page 1, Untitled Preamble,
The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.
To achieve this, MIR–COAR undertakes to overcome all obstacles that may arise in order to carry out this process and guarantee the military demobilisation of its members, respect the rules, standards and provisions of international humanitarian law for the duration of the process to reach a permanent agreement, suspend offensive military activities throughout the process, and submit, in the course of the process, details of the urban and rural zones in which it operates and which are known to be under its influence.

[Summary: For provisions on DDR please see DDR.]
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: Page 1, Untitled Preamble,
The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.

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. 293

PRELIMINARY AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND THE INDEPENDENT REVOLUTIONARY MOVEMENT – ARMED COMMANDOS

21 January 1997

The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.

To achieve this, MIR–COAR undertakes to overcome all obstacles that may arise in order to carry out this process and guarantee the military demobilisation of its members, respect the rules, standards and provisions of international humanitarian law for the duration of the process to reach a permanent agreement, suspend offensive military activities throughout the process, and submit, in the course of the process, details of the urban and rural zones in which it operates and which are known to be under its influence.

The national government undertakes to:

Provide the guarantees required by the spokespeople and representative members designated by MIR–COAR while the political–social negotiation process takes place.

Guarantee under the terms set out in Law 104, 1993, reformed by Law 241, 1995, the suspension of the execution of capture orders for the representatives–members and spokespeople appointed by the organisation and recognised by the national government.

Guarantee legal assistance to members of the organisation from the signing of this document throughout the talks.

Under all circumstances, the government reserves the right to suspend them if this is warranted by the development of the process.

Guarantee secure transport of spokespeople and representatives–members, as required, to carry out talks.

Provide sufficient operative measures to make progress in this contact process.

The parties mutually agree the following commitments:

Carry out meetings with the greatest possible discretion and privacy, without issuing communications to the press, in order to respect the security of the members of the commissions.

Work together to establish a professional team that will jointly evaluate with communities the socio-economic situation of the areas submitted as zones of influence of the insurgent group to provide the basis for making decisions regarding social investment in these areas, this being understood as the social restoration of neighbourhoods.

Signed on 21 January 1997.

For the national government:

HORACIO SERPA URIBE, Minister of the Interior

DANIEL GARCIA-PEÑA, Peace Commissioner

TOMÁS CONCHA SANZ, Head of the Presidential Reinsertion Programme

For MIR–COAR:

LUIS FERNANDO QUIJANO MORENO

ALVARO DE JESÚS RAMÍREZ RIVERA

SANTIAGO QUIJANO MORENO

CARLOS MARIO ARENAS LÓPEZ