Acuerdo entre el Gobierno Nacional y el ELN: Compromiso y Términos para que esta Guerrilla Libere a Civiles Retenidos

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo entre el Gobierno Nacional y el ELN: Compromiso y Términos para que esta Guerrilla Libere a Civiles Retenidos
Date: 30 Oct 2000
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 III - Arango
Parties: Gobierno Nacional, ELN
Third parties: -
Description: This is an agreement by the ELN to liberate all 19 hostages taken on 17th of September and others that need identifying. To facilitate the release there will be a brief ceasefire. It deals with the procedures of the release, the retreat of the ELN troops will be verified by the group of observing countries and the civil facilitation commission.

Agreement document: CO_001030_Acuerdo entre el gobierno y el ELN - tr.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 7,
From the signing of this agreement, the parties will allow immediate access of the International Red Cross and the medical team of the Antioquia Air Health Programme to the zone to provide medical care to all those who need it.
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 2, Article 8,
ELN and the High Commissioner for Peace will agree to meet this week and restart talks for the initiation of the peace process. Similarly, the possibility of an agreement regarding international humanitarian law will be analysed at this meeting, particularly the large-scale effects of acts of war on the civil 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: Page 1, Article 4,
Verification of the fall-back of the guerrilla force: the release of those who have been kidnapped, the withdrawal of troops and the fall-back of the guerrilla group will be verified by the group of friendly countries and the Civil Facilitation Commission.

Page 1, Article 5,
Conditions for the fall-back of the guerrilla force: from the withdrawal of the army, the guerrilla force will have 100 hours to fall-back.

Pages 1-2, Article 6,
Once all those who have been kidnapped have been released, the army will disassemble the operation and will withdraw from the zone in line with the following conditions:
• a withdrawal time of 24 hours;
• there will be no military action during the withdrawal time;
• the withdrawal of the army will be verified;
• the sites from which the army troops are to withdraw will be jointly determined by the government and ELN by 09:00 on 31 October.
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: Page 1, Article 4,
Verification of the fall-back of the guerrilla force: the release of those who have been kidnapped, the withdrawal of troops and the fall-back of the guerrilla group will be verified by the group of friendly countries and the Civil Facilitation Commission.
Related cases: No specific mention.
Source: Source: Diálogo, negociación y ruptura con las FARC-EP y con el ELN, Biblioteca de la Paz – 1998-2000, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book V) p. 314

AGREEMENT BETWEEN THE GOVERNMENT AND THE NATIONAL LIBERATION ARMY

30 October 2000

The National Liberation Army (Ejército de Liberación Nacional, ELN) undertakes to free all 19 people in the group kidnapped on 17 September around km 18 on the road to Buenaventura, in addition to other people that have been kidnapped and are with the group, which will be verified.

To facilitate the release of these people, the parties will order the suspension of offensive activities in the zone from midnight on 30 October.

The order for suspension will be given at the moment this agreement is signed and will be effective from midnight on 30 October.

The guerrilla force will only be able to move about to carry out the activities for the release of the group.

The release will take place on a single day from two different locations, for which all the necessary logistics will be made available, supplied by both parties at the following points:

(to be agreed by 07:00 on 31 October at the latest).

These will be within the zone and will be places where there is no military presence at this moment in time.

For the access of the people to be freed and guerrillas to these two sites, a corridor will be guaranteed to facilitate safe transit, free from the presence of the army.

The corridor will not imply the fall-back of the troops, will be sufficiently wide and will be verifiable.

Verification of the fall-back of the guerrilla force:

the release of those who have been kidnapped, the withdrawal of troops and the fall-back of the guerrilla group will be verified by the group of friendly countries and the Civil Facilitation Commission.

Conditions for the fall-back of the guerrilla force:

from the withdrawal of the army, the guerrilla force will have 100 hours to fall-back.

Once all those who have been kidnapped have been released, the army will disassemble the operation and will withdraw from the zone in line with the following conditions:

a withdrawal time of 24 hours;

there will be no military action during the withdrawal time;

the withdrawal of the army will be verified;

the sites from which the army troops are to withdraw will be jointly determined by the government and ELN by 09:00 on 31 October.

From the signing of this agreement, the parties will allow immediate access of the International Red Cross and the medical team of the Antioquia Air Health Programme to the zone to provide medical care to all those who need it.

ELN and the High Commissioner for Peace will agree to meet this week and restart talks for the initiation of the peace process.

Similarly, the possibility of an agreement regarding international humanitarian law will be analysed at this meeting, particularly the large-scale effects of acts of war on the civil population.

Signed

For the national government:

CAMILO GÓMEZ ALZATE, High Commissioner for Peace

For ELN:

PABLO BELTRAN, ELN Central Command