Acuerdo entre Gobierno Nacional y las Autodefensas unidas de Colombia para la zona de Ubicación en Tierralta (Acuerdo de Fátima)

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo entre Gobierno Nacional y las Autodefensas unidas de Colombia para la zona de Ubicación en Tierralta (Acuerdo de Fátima)
Date: 13 May 2004
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 IV - Uribe
Parties: National Govt, AUC
Third parties: Witness: For the OEA, MAPP/OEA support mission Sergio Caramagna
For the Cath Church Monsenor Julio Cesar Vidal
Description: Establishes large concentration zone in Cordona to faciliate and consolidate the negotiation process between the parties (i.e. DDR), improve verification of the ceasefire, and establish a timetable for demobilization.

Agreement document: CO_040513_Acuerdo de Fatima-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: Groups→Religious groups→Substantive
Pages 2-3, Article 6. Basic rules of operation,
...
d. The Committee for Security and Coexistence will permanently operate in the Special Concentration Zone. The committee will comprise: one representative of the Office of the High Commissioner for Peace, one representative of OAS–MAPP and one representative of AUC. The committee will also have the following permanent guests: the church, a representative of the Ministry of Defence, the mayor of Tierralta, the departmental government of Córdoba, a representative of the community and any other agreed representatives. ...
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 1, Untitled Preamble,
The High Commissioner for Peace, in representation of the national government, and the
members of the Negotiating Chiefs of Staff for the United Self-Defence Forces of Colombia
(Autodefensas Unidas de Colombia, AUC), present on 12–13 May 2004, in Santa Fe de Ralito,
supported by the Organisation of American States Mission to Support the Peace Process in
Colombia (OAS–MAPP) and the Catholic Church, have reached the following agreement to
govern the operation of the Special Concentration Zone in Tierralta, Córdoba.

Pages 2-3, Article 6. Basic rules of operation,
... b. The national government and OAS–MAPP will have two offices in the Special
Concentration Zone, whose security is the responsibility of the Colombian public forces. ...
d. The Committee for Security and Coexistence will permanently operate in the Special
Concentration Zone. The committee will comprise: one representative of the Office of
the High Commissioner for Peace, one representative of OAS–MAPP and one
representative of AUC. The committee will also have the following permanent guests:
the church, a representative of the Ministry of Defence, the mayor of Tierralta, the
departmental government of Córdoba, a representative of the community and any other
agreed representatives. ...
k. OAS–MAPP will receive a report on the media and equipment for communication in the
power of civilians or AUC members operating in the zone.
l. OAS–MAPP will undertake a process to provide information and raise awareness among
the communities who are resident in the zone.

Page 4, Article 8. Verification,
a. OAS–MAPP will verify compliance with this agreement and the commitments made.
b. The Verification Committee will operate inside the zone and will be responsible for
supporting OAS–MAPP in verifying the cessation of hostilities at the national level.
c. The Verification Committee will comprise one member of OAS–MAPP, one
representative of the Office of the High Commissioner for Peace and one representative
of AUC. The committee will produce a procedure for receiving and handling complaints,
information and reports of violations of the cessation of hostilities.
Traditional/religious leaders: Page 1, Untitled Preamble,
The High Commissioner for Peace, in representation of the national government, and the members of the Negotiating Chiefs of Staff for the United Self-Defence Forces of Colombia (Autodefensas Unidas de Colombia, AUC), present on 12–13 May 2004, in Santa Fe de Ralito, supported by the Organisation of American States Mission to Support the Peace Process in Colombia (OAS–MAPP) and the Catholic Church, have reached the following agreement to govern the operation of the Special Concentration Zone in Tierralta, Córdoba.
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: Security sector→Ceasefire→General commitments
[Summary]
The agreement as a whole provides for the establishment of a demilitarized zone, to facilitate the peace process between the Colombian government and the AUC, to help ensure the cessation of hostilities and the demobilization of the paramilitaries. For a more detailed summary please see 'DDR'.
Police: No specific mention.
Armed forces: Page 4, Article 7, Security of the zone,
a. The Colombian public forces will be responsible for securing the perimeter of the zone
and controlling access.
b. People and vehicles entering the zone will be searched and subject to the security
measures established for this purpose.
c. Measures to allow the installation of an internal security cordon to protect AUC will be
taken in coordination with the public forces.
d. A security plan will be established and this will be periodically reviewed by the
Committee for Security and Coexistence.
DDR: Security sector→DDR→Demilitarisation provisions
[Summary]
The agreement as a whole provides for the establishment of a demilitarized zone, to facilitate the peace process between the Colombian government and the AUC, to help ensure the cessation of hostilities and the demobilization of the paramilitaries. The limits of the zone have been outlined in a resolution issued by
the President of the Republic. It will have a duration of six month and any offensive operations against AUC members inside the demarcated territory will be suspended for the duration of the zone. Furthermore, the agreement includes guiding principles and basic rules of operation for the demilitarized zone. Colombian public forces will be responsible for the security of the zone. For details please see 'armed forces'. Further detailed information can be found unter 'enforcement mechanism', 'civil society' and 'religious groups'.
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: 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: [Summary] The Organisation of American States Mission to Support the Peace Process in
Colombia (OAS–MAPP) is supporting the operation of the Special Concentration Zone and will also verify compliance with the agreement. For details please see 'civil society' and 'enforcement mechanism'.
Enforcement mechanism: Page 4, Article 8. Verification,
a. OAS–MAPP will verify compliance with this agreement and the commitments made.
b. The Verification Committee will operate inside the zone and will be responsible for
supporting OAS–MAPP in verifying the cessation of hostilities at the national level.
c. The Verification Committee will comprise one member of OAS–MAPP, one
representative of the Office of the High Commissioner for Peace and one representative
of AUC. The committee will produce a procedure for receiving and handling complaints,
information and reports of violations of the cessation of hostilities.
Related cases: No specific mention.
Source: cited in Theidon MJIL 2006. UN peacemaker

AGREEMENT BETWEEN THE NATIONAL GOVERNMENT AND THE UNITED SELF-DEFENCE

FORCES OF COLOMBIA FOR THE SPECIAL CONCENTRATION ZONE IN TIERRALTA, CÓRDOBA

(Agreement of Fátima)

Santa Fe Ralito, 12–13 May 2004

The High Commissioner for Peace, in representation of the national government, and the

members of the Negotiating Chiefs of Staff for the United Self-Defence Forces of Colombia

(Autodefensas Unidas de Colombia, AUC), present on 12–13 May 2004, in Santa Fe de Ralito,

supported by the Organisation of American States Mission to Support the Peace Process in

Colombia (OAS–MAPP) and the Catholic Church, have reached the following agreement to

govern the operation of the Special Concentration Zone in Tierralta, Córdoba.

1. Purpose of the zone

The Special Concentration Zone is established to:

a. facilitate the consolidation of the peace process and agreements between the

national government and AUC;

b. help ensure and verify the cessation of hostilities;

c. help produce an agreed schedule for demobilising AUC members;

d. allow the roundtable for dialogue to engage with all national and international

sectors;

e. facilitate citizen participation in the process and the contribution of Colombians.

2. Demarcation of the zone

The Special Concentration Zone is bounded by the limits set out in the resolution issued by

the President of the Republic under the powers conferred by Law 782, 2002.

There will be no commercial and private flights below 10,000 feet in the airspace of the

zone.

Aircrafts that need to use the space will have special authorisation from the national

government.

3. Duration

a. The zone will have a duration of six months, which may be extended in line with the

requirements of the process.

b. The date for the establishment of the Special Concentration Zone will be agreed

between the national government and AUC and communicated in a timely manner.

c. If the zone is terminated, either by agreement or unilaterally, AUC members will have

five days to leave the zone.

d. OAS–MAPP, supported by the church, will ensure compliance with this guarantee.

4. Legal guarantees in the zone

Under Law 782 capture orders and offensive operations against AUC members inside the

demarcated territory will be suspended for the duration of the zone.

5. Governing principles

The behaviour of AUC and the national government inside the Special Concentration Zone

will abide by the following basic principles:

 desire for peace  transparency  respect for residents of the zone  mutual respect  legality  flexibility and willingness to reach agreements  good faith  agreed confidentiality of the negotiations and the objectivity of public information.

6. Basic rules of operation

a. The full force of the state and Colombian law will prevail inside the Special

Concentration Zone.

b. The national government and OAS–MAPP will have two offices in the Special

Concentration Zone, whose security is the responsibility of the Colombian public forces.

c. AUC members who leave and re-enter the zone must be authorised and guaranteed by

the national government.

Permission will be limited and only given for activities related

to the peace process.

d. The Committee for Security and Coexistence will permanently operate in the Special

Concentration Zone.

The committee will comprise:

one representative of the Office of

the High Commissioner for Peace, one representative of OAS–MAPP and one

representative of AUC.

The committee will also have the following permanent guests:

the church, a representative of the Ministry of Defence, the mayor of Tierralta, the

departmental government of Córdoba, a representative of the community and any other

agreed representatives.

e. The Committee for Security and Coexistence will make decisions and coordinate actions

related to logistics, security, internal rules for coexistence and behaviour,

communications and the access of visitors to the zone.

f. AUC members will abstain from illegal activities, recruitment, exercising pressure or

making threats against residents or visitors, armed training and ordering or coordinating

illegal actions from within the zone.

g. Violations or infractions of Colombian law will be dealt with by the relevant authorities

in line with current legislation.

h. The entry, exit and movement of residents and people carrying out activities within the

zone will be guaranteed.

i. The Committee for Security and Coexistence will define a communications policy and

regulate media access to the Special Concentration Zone.

j. OAS–MAPP will receive an inventory of arms, material of war and ammunition held by AUC members in the zone.

AUC members will abstain from manufacturing, storing,

entering or removing arms, material of war and additional ammunition.

k. OAS–MAPP will receive a report on the media and equipment for communication in the

power of civilians or AUC members operating in the zone.

l. OAS–MAPP will undertake a process to provide information and raise awareness among

the communities who are resident in the zone.

7. Security of the zone

a. The Colombian public forces will be responsible for securing the perimeter of the zone

and controlling access.

b. People and vehicles entering the zone will be searched and subject to the security

measures established for this purpose.

c. Measures to allow the installation of an internal security cordon to protect AUC will be

taken in coordination with the public forces.

d. A security plan will be established and this will be periodically reviewed by the

Committee for Security and Coexistence.

8. Verification

a. OAS–MAPP will verify compliance with this agreement and the commitments made.

b. The Verification Committee will operate inside the zone and will be responsible for

supporting OAS–MAPP in verifying the cessation of hostilities at the national level.

c. The Verification Committee will comprise one member of OAS–MAPP, one

representative of the Office of the High Commissioner for Peace and one representative

of AUC.

The committee will produce a procedure for receiving and handling complaints,

information and reports of violations of the cessation of hostilities.

For the national government

 LUIS CARLOS RESTREPO RAMÍREZ, Former High Commissioner for Peace

For AUC:

 SALVATORE MANCUSO  VICENTE CASTAÑO  ADOLFO PAZ  JAVIER MONTAÑÉZ

 JORGE 40  JULIAN BOLÍVAR  HERNAN HERNÁNDEZ  MIGUEL ARROYAVE  ERNESTO BÁEZ  RAMIRO VANOY

Witnesses:

 SERGIO CARAMAGNA, OAS–MAPP  MONSIGNOR JULIO CÉSAR VIDAL, Catholic Church