Acta de la Reunión Exploratoria Realizada entre el Gobierno Nacional y el ELN

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Country/entity: Colombia
Region: Americas
Agreement name: Acta de la Reunión Exploratoria Realizada entre el Gobierno Nacional y el ELN
Date: 26 Jul 2001
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: Meeting attended by: Participants: Jorge Mario Eastman, Julio Londoño Paredes, Gustavo Villegas, Óscar Santos, Milton Hernández, Arne Aasheim, Jaime Bernal Cuéllar.
Third parties: -
Description: The parties discussed the following topics in an endeavour to engage in a peace process: ELN agreed to maintain and guarantee safety in the encounter zone; the government will continue its efforts against auto-defence groups as state political goal in itself and not only as part of the dialogue processes with ELN; in accordance with the Havana agreement a civil police will be formed, all necessary steps will be taken in respect of annex of the agreement for them to be effective and operative; they analysed the findings of the commission de verification incl. recommendations; importance of civil authorities to continue their work within the law.

Agreement document: CO_010726_ACTA DE LA REUNI‡N EXPLORATORIA REALIZADA ENTRE EL GOBIERNO NACIONAL 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: 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: 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: 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: Page 1, Untitled Preamble
... In line with the methodology previously agreed by the parties, on 25 and 26 of July, they will address issues related to the security of the Meeting Zone, particularly the presence of the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the self-defence groups in the zone, the security of municipal seats and the external perimeter, in addition to the composition and operation of the civil police. ...

Page 2, Article 3,
A civil police force must be established as part of the implementation of the Havana agreements. All steps required to ensure this institution is operative and efficient will be set out in an annex to the Havana agreements. Aspects covered must include: the requirements and conditions for the selection and training of members, and the corresponding functions within the legal and constitutional frameworks to ensure the full effectiveness of the tasks they are assigned.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Untitled Preamble,
... In line with the methodology previously agreed by the parties, on 25 and 26 of July, they will address issues related to the security of the Meeting Zone, particularly the presence of the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the self-defence groups in the zone, the security of municipal seats and the external perimeter, in addition to the composition and operation of the civil police. ...

Page 1, Article 1,
ELN will undertake to maintain and guarantee the security of the Meeting Zone within the framework of the Havana agreements.

Page 2, Article 2,
The national government will continue its fight against self-defence groups as a state policy and not as a result of the development of the dialogue and negotiation process with ELN.
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 2, Article 4,
The work of the Verification Commission was analysed and it was agreed that the operating regulations must provide a detailed specification of the procedure for its verification functions and the procedure for issuing recommendations and making the corresponding evaluations, as agreed by the parties.
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. 332

MINUTES OF THE EXPLORATORY MEETING BETWEEN THE NATIONAL GOVERNMENT AND THE NATIONAL LIBERATION ARMY

Venezuela, 25–26 July 2001

Participants:

Jorge Mario Eastman, Julio Londoño Paredes, Gustavo Villegas, Óscar Santos, Milton Hernández, Arne Aasheim, Jaime Bernal Cuéllar.

The parties express their gratitude for the kindness of the government of Venezuela for providing them with the opportunity to hold this direct meeting between the Colombian government and the National Liberation Army (Ejército de Liberación Nacional, ELN)

In line with the methodology previously agreed by the parties, on 25 and 26 of July, they will address issues related to the security of the Meeting Zone, particularly the presence of the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the self-defence groups in the zone, the security of municipal seats and the external perimeter, in addition to the composition and operation of the civil police.

The officials of the national government and the representatives of ELN expressed their desire to continue talks to achieve peace.

In this respect, it was agreed that the agreements made in Havana (Cuba) in December 2000 must remain the fundamental basis for progress in the process.

The parties expressed their agreement for the need to reduce the risk factors that may jeopardise the security of the Meeting Zone on account of the presence of armed groups other than ELN.

They also agreed that the peace process must be built starting from reciprocal trust between the parties and compliance with any commitments they make.

Various other aspects were also discussed, with agreement reached on the following:

ELN will undertake to maintain and guarantee the security of the Meeting Zone within the framework of the Havana agreements.

The national government will continue its fight against self-defence groups as a state policy and not as a result of the development of the dialogue and negotiation process with ELN.

A civil police force must be established as part of the implementation of the Havana agreements.

All steps required to ensure this institution is operative and efficient will be set out in an annex to the Havana agreements.

Aspects covered must include:

the requirements and conditions for the selection and training of members, and the corresponding functions within the legal and constitutional frameworks to ensure the full effectiveness of the tasks they are assigned.

The work of the Verification Commission was analysed and it was agreed that the operating regulations must provide a detailed specification of the procedure for its verification functions and the procedure for issuing recommendations and making the corresponding evaluations, as agreed by the parties.

The need for the civil authorities to continue autonomously and independently carrying out the tasks that legally correspond to them was also noted.