Joint Communiqué, Havana, August 5, 2014

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Country/entity: Colombia
Region: Americas
Agreement name: Joint Communiqué, Havana, August 5, 2014
Date: 5 Aug 2014
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 V - Santos
Parties: The National Government; the FARC – EP
Third parties: -
Description: This Communiqué contains four short provisions regarding: Measures aimed at successfully arranging the visits of the victims to Havana; Historical Commission of the conflict and its victims; Sub-commission related to item 3 of the Agenda of the General Agreement: “End of the Conflict”; and Sub-commission on gender.

Agreement document: CO_140805_Joint Communiqué Havana, August 5, 2014.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: Groups→Indigenous people→Substantive
Summary: The agreement ensures throughout that a territorial, differential, and gender-based approach is adopted in the design, implementation and monitoring of the policies and strategies provided for in the agreement. This implicitly grants special attention to indigenous, rural communities and areas mostly affected by the conflict and requires to take into account the various threats, particularities and experiences of different people in their communities and territories.
Other groups: Groups→Other groups→Substantive
[Summary: The agreement ensures throughout that a territorial, differential, and gender-based approach is adopted in the design, implementation and monitoring of the policies and strategies provided for in the agreement. This implicitly grants special attention to indigenous, rural communities and areas mostly affected by the conflict and requires to take into account the various threats, particularities and experiences of different people in their communities and territories.]
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, 1. Measures aimed at successfully arranging the visits of the victims to Havana
...
We have emphasized that the organizers should resort to all necessary mechanisms in order to enable the inclusion of victims residing abroad in the delegations, as well as on the need to guarantee the effective participation of women.

Page 5, 4. Gender sub-commission
We have agreed that the gender sub-commission will meet in the next dialogue cycle in order to continue ensuring an adequate gender approach on the agreements reached and on an eventual final agreement.
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. 2. Historical Commission of the Conflict and its Victims,
We reiterate that it is essential that balance, pluralism, consistency and fairness prevail in the election of the delegations, and different social sectors and populations should be taken into account, as well as the territorial approach. In particular, the delegations agreed to inform the organizers about the following measures aimed at successfully arranging the visits:
[...]
•The fact that direct victims of the conflict are selected does not preclude the possibility of those victims being part of an organization and reflecting such organization’s viewpoints.
[...]
•It is important to remind that the hearings in Havana are one more mechanism aimed at guaranteeing the participation of the victims in the process. Prior to the victims’ forums, the Dialogue Table had received more than 4,000 proposals of victims and organizations.
•In the three regional forums already held in Villavicencio, Barrancabermeja and Barranquilla, and the National Forum held in Cali, more than 3,000 people participated, most of them victims. The proposals of the victims’ forums constitute the basic material for the work at the Table.
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 1. Measures aimed at successfully arranging the visits of the victims to Havana,
We reiterate that it is essential that balance, pluralism, consistency and fairness prevail in the election of the delegations, and different social sectors and populations should be taken into account, as well as the territorial approach. In particular, the delegations agreed to inform the organizers about the following measures aimed at successfully arranging the visits:
• We reiterate the importance of listening to victims of the entire universe of human rights violations and infringements of IHL, without any kind of discrimination.
[...]
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→Media roles
Page 5, Article 2i. Dissemination,
The Commission’s Final Report, which will comprise both the summary report as well as the experts’ individual or collective reports, will be formally delivered to the Table and will be published and widely disseminated.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 1,

The victims will be treated with respect and under the principles of protection and recognition.
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: Security sector→Ceasefire→Ceasefire provision
Page 5, Article 3. Sub-commission related to item 3 of the General Agreement: “End of the Conflict”
We have agreed to set up and open the sub-‐commission on item 3 on August 22, 2014. This sub-‐commission will address the sub-‐items related to the final and bilateral ceasefire, the end of the hostilities and the laying down of arms, and it will start by reviewing and analyzing national and international best practices on the matter. The sub-commission will consist of up to 10 members of each delegation, who will define a timeline for their work.
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: [Summary: pp. 2-5, Article 2, Historical Commission of the Conflict and its Victims (CHCV, for its acronym in Spanish) provides for the setup of a commission to understand the complexity of the internal conflict and its historical context. The article provides for its mandate, guiding principles, its composition and setup, operational framework and details, duration and details regarding its final report. For detailed provisions see communication and reconciliation.]

Page 5, Article 4. Gender sub-commission
We have agreed that the gender sub‐commission will meet in the next dialogue cycle in order to continue ensuring an adequate gender approach on the agreements reached and on an eventual final agreement.

Once again, we reiterate that, as set forth in item five of the General Agreement, “the compensation of the victims will be at the core of the agreement between the National Government and the FARC – EP”. Likewise, as set forth in the declaration of principles, “the victims of severe human right violations and infringements of IHL on occasion of the conflict are entitled to the truth, to justice, to reparation, and to the guarantees of non-repetition.”
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: [Summary: Most of the agreement (pp. 1-5, Articles 1 and 2) regard victims of the conflict. It provides for arranging the visit of the victims to Havana, Cuba, and the establishment of a Historical Commission of the Conflict and its Victims, its mandate, principles, set up and composition. For specific provisions see at human rights, civil society, communication and reconciliation.]
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 5, Article 4. Gender sub-commission
We have agreed that the gender sub-‐commission will meet in the next dialogue cycle in order to continue ensuring an adequate gender approach on the agreements reached and on an eventual final agreement.

Once again, we reiterate that, as set forth in item five of the General Agreement, “the compensation of the victims will be at the core of the agreement between the National Government and the FARC – EP”. Likewise, as set forth in the declaration of principles, “the victims of severe human right violations and infringements of IHL on occasion of the conflict are entitled to the truth, to justice, to reparation, and to the guarantees of non-repetition.”
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: Mesa de Conversaciones
https://www.mesadeconversaciones.com.co/documentos-y-comunicados
https://www.mesadeconversaciones.com.co/comunicados/comunicado-conjunto-la-habana-05-de-agosto-de-2014?ver=in

JOINT COMMUNIQUÉ HAVANA, AUGUST 5, 2014

The delegations of the National Government and the FARC – EP, as a result of the four preparatory meetings that we have held over the last month, which ended with the meeting held between August 3 and 5, have reached additional agreements regarding the following:

i) Measures aimed at successfully arranging the visits of the victims to Havana;

ii) Historical Commission of the conflict and its victims;

iii) Sub‐commission related to item 3 of the Agenda of the General Agreement:

“End of the Conflict”;

and iv) Sub‐commission on gender.

1.Measures aimed at successfully arranging the visits of the victims to Havana

We reiterate that it is essential that balance, pluralism, consistency and fairness prevail in the election of the delegations, and different social sectors and populations should be taken into account, as well as the territorial approach.

In particular, the delegations agreed to inform the organizers about the following measures aimed at successfully arranging the visits:

We reiterate the importance of listening to victims of the entire universe of human rights violations and infringements of IHL, without any kind of discrimination.

We recognize that this is a necessary measure in order to build the agreements and we will afford the greatest transcendence to these hearings.

Thus, it is not only essential to listen to their testimonies and proposals, but also to open spaces for dialogue and reflection.

The victims will be treated with respect and under the principles of protection and recognition.

The fact that direct victims of the conflict are selected does not preclude the possibility of those victims being part of an organization and reflecting such organization’s viewpoints.

We have emphasized that the organizers should resort to all necessary mechanisms in order to enable the inclusion of victims residing abroad in the delegations, as well as on the need to guarantee the effective participation of women.

In any case, we recognize that the delegations that will come to Cuba do not represent all the millions of victims left by the conflict.

It is important to remind that the hearings in Havana are one more mechanism aimed at guaranteeing the participation of the victims in the process.

Prior to the victims’ forums, the Dialogue Table had received more than 4,000 proposals of victims and organizations.

In the three regional forums already held in Villavicencio, Barrancabermeja and Barranquilla, and the National Forum held in Cali, more than 3,000 people participated, most of them victims.

The proposals of the victims’ forums constitute the basic material for the work at the Table.

2.Historical Commission of the Conflict and its Victims (CHCV, for its acronym in Spanish)

The National Government and the FARC – EP agree to set up the Historical Commission of the Conflict and its Victims (CHVC) in order to contribute towards the understanding of the complexity of the historical context of the internal conflict (see mandate), and to provide inputs for the delegations in the discussion of the different items of the General Agreements that are still pending.

In view of the foregoing, the creation of the Historical Commission of the Conflict and its Victims is framed within the “General Agreement for ending the conflict and building a stable and long‐lasting peace”, signed between the Government and the FARC – EP on August 26, 2012.

Likewise, it has the “Declaration of principles for the discussion of item 5 of the Agenda:

Victims”, as a reference framework.

a.Mandate:

The Commission will have twelve experts and two rapporteurs.

Each one of the twelve experts shall prepare a profound, yet concise report.

The reports shall have a maximum length, which will be determined by the Table in consultation with the experts, without prejudice to the length and detail of the documents or supporting materials the expert may wish to attach.

Each report, including the summary report, will address the following three items:

The origins and multiple causes of the conflict;

Main factors and conditions that have facilitated or contributed to the persistence of the conflict;

and

The most notorious effects and impacts of the conflict on the population.

Based on the experts’ reports, the rapporteurs will prepare the summary report referred to in this mandate, reflecting with utmost objectivity the consensus, the dissents and the plurality of the experts’ views.

The Commission’s report shall contain both the summary report prepared by the rapporteurs as well as the reports prepared by the experts.

The Commission’s Report shall be a fundamental input for understanding the complexity of the conflict and of the responsibilities of those who have taken part in or had an incidence on it, and for elucidating the truth.

To this extent, it will be a basic input for the future truth commission and will contribute towards the reconciliation.

The Joint Communiqué dated June 7, 2014, informs about the creation of the CHCV for the following:

“in order to guide and contribute to the discussion of item 5, the parties decide to create a historical commission of the conflict and its victims, made up of experts, which does not replace the mechanism for determining the whole truth, which shall include universal participation, in particular of the victims”.

The commission, to the extent possible, will reach conclusions that contribute towards the understanding of the historical context in order to overcome the conflict.

The experts will define the time limits of their studies, and, on their own decision, may elect to prepare joint reports.

For the compliance with this mandate, the experts will have no restrictions regarding the topics to be addressed.

b.Some of the guiding principles (applicable to all the reports):

The experts’ reports and the summary report are inputs for the delegations’ discussions, but they do not condition the progress at the Table.

They do not replace or pre‐determine any elements of the future truth commission, but they will be a basic input for it.

The summary report should reflect both consensus as well as dissents, and the plurality of the experts’ views, and it should faithfully represent the documents delivered by them.

The summary report resulting from the experts’ reports should contribute to show, as objectively as possible, the complexity of the historical context of the conflict.

The reports may include new findings and viewpoints that may contribute to the elucidation and better understanding of the phenomena they analyze.

The inputs are of an academic and historic nature and they do not constitute the vision of the Table or the delegations, but they will be a basic input for the debates and developments of the Table.

The experts’ reports on the topics of the mandate do not release anybody from their responsibility for violations committed in the course of the conflict.

In regards to the mandate, the report should not attribute individual responsibilities and it shall not be written with the purpose of producing judicial effects.

The respect and dignity of all the victims should be at the core of the report.

It is an analytical report built based on the available information and research and on the experts’ knowledge and record of accomplishment.

In order to facilitate the proper performance of their functions, the Government will provide the members of the Commission with access to the information that is not legally reserved.

The members of the Commission (12 experts plus rapporteurs) will carry out their activities with academic independence and autonomy.

The members of the Commission shall act on a timely and quick manner.

The members of the Commission shall refrain from any media exposure and shall act with utmost discretion.

c.Composition:

The CHCV consists of twelve experts invited by the Table, based on the names suggested by each delegation.

Two rapporteurs, whose selection mechanism will be set forth by the Table.

The members of the Commission must have ample academic recognition, and independence.

d.Set up:

The Commission shall be set up and opened by the Dialogue Table in Havana, on August 21, 2014.

e.Operational framework:

Each expert will prepare his/her own report, unless two or more experts, upon their own decision, elect to prepare joint reports.

The Commission will determine its own operating system and work methodology.

The experts will determine the mechanisms and criteria needed for their proper operation as a Commission, including the possibility of commenting and discussing the reports prepared by each one of them.

The summary report shall be shared, discussed and commented by all the experts pursuant to the methodology determined by them.

f.Operational details:

The Commission shall set its own work timeline, providing times for the delivery of the experts’ reports and the drafting of the summary report, which will be prepared by the rapporteurs.

The experts may deliver preliminary reports about their work to the Table.

The Government will facilitate and fund the meeting spaces required by the Commission.

A reasonable compensation will be set for the experts and rapporteurs.

In determining the amount, the experts’ need for an assistant will be taken into consideration.

g.Report delivery:

In addition to the reports delivered individually or collectively by the experts, they may deliver preliminary reports on each one of the items of the mandate.

The summary report should reflect, as objectively as possible, the consensus, dissents and the plurality of the experts’ reports.

The Final Report will contain the summary report and the experts’ individual or collective reports.

h.Duration:

Up to 4 months until the delivery of the Commission’s Final Report, starting as of the opening of the Commission in Havana.

i.Dissemination:

The Commission’s Final Report, which will comprise both the summary report as well as the experts’ individual or collective reports, will be formally delivered to the Table and will be published and widely disseminated.

3.Sub‐commission related to item 3 of the General Agreement:

“End of the Conflict”

We have agreed to set up and open the sub‐commission on item 3 on August 22, 2014.

This sub‐commission will address the sub‐items related to the final and bilateral ceasefire, the end of the hostilities and the laying down of arms, and it will start by reviewing and analyzing national and international best practices on the matter.

The sub‐commission will consist of up to 10 members of each delegation, who will define a timeline for their work.

4.Gender sub‐commission

We have agreed that the gender sub‐commission will meet in the next dialogue cycle in order to continue ensuring an adequate gender approach on the agreements reached and on an eventual final agreement.

Once again, we reiterate that, as set forth in item five of the General Agreement, “the compensation of the victims will be at the core of the agreement between the National Government and the FARC – EP”.

Likewise, as set forth in the declaration of principles, “the victims of severe human right violations and infringements of IHL on occasion of the conflict are entitled to the truth, to justice, to reparation, and to the guarantees of non‐repetition.”

We invite everybody to continue sending his or her proposals via the website www.mesadeconversaciones.com.co

Finally, we thank Cuba and Norway’s guarantors for their contribution to the development of the dialogues, and to the agreements we have reached.

Cycle 27 will start on August 12, 2014.