Acuerdo de San Francisco de la Sombra para Concretar y Consolidar el Proceso de Paz

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo de San Francisco de la Sombra para Concretar y Consolidar el Proceso de Paz
Date: 5 Oct 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: For the national government:
CAMILO GÓMEZ ALZATE, High Commissioner for Peace
JUAN GABRIEL URIBE, Special Adviser

For FARC–EP:
MANUEL MARULANDA VÉLEZ, Commander in Chief of FARC–EP
RAÚL REYES, Spokesperson
JOAQUÍN GÓMEZ, Spokesperson
SIMÓN TRINIDAD, Spokesperson
ANDRÉS PARÍS, Spokesperson
CARLOS ANTONIO LOZADA, Spokesperson
JORGE BRICEÑO, Commander
IVÁN RÍOS, Commander
Third parties: -
Description: This agreement addresses the issues and agenda to be included in future negotiations between the Government and the FARC. It also invite a National Peace Council to address disputes regarding the zone of separation (i.e. the zone where FARC are to canton themselves during the period of negotiations).

Agreement document: CO_011005_Acuerdo De San Francisco De La Sombra - 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 3,
The roundtable will also invite the various sectors from the national life to contribute to the process that is underway.

Page 2, Article 4,
The roundtable invites the National Peace Council to exchange opinions on the issues.

Pages 2-3, Article 6,
We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.
In this respect we ratify the following:
a. The only authority over this zone is exercised by the democratically elected mayors and other municipal officials, notwithstanding the authority exercised by the national government. Similarly, FARC ratifies its commitment to respect these.
b. The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.
c. In the Demilitarised Zone, all candidates, in addition to residents of the five municipalities, will be entitled to carry out political and electoral activities.
d. Together with the mayors of the municipalities in the Demilitarised Zone, the roundtable will promote open meetings to allow residents of the zone to express their concerns. Observers may be invited to these meetings.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Recitals, Article 5,
We are aware of the historic responsibility facing the people of Colombia, which, in light of the difficulties and sacrifices, maintains its faith in and hope of living in a country with social justice and overcoming the major economic, political and social differences that lie at the root of the conflict between Colombians.
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: Pages 2-3, Article 6,
We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.
In this respect we ratify the following:
a. The only authority over this zone is exercised by the democratically elected mayors and other municipal officials, notwithstanding the authority exercised by the national government. Similarly, FARC ratifies its commitment to respect these.
b. The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.
c. In the Demilitarised Zone, all candidates, in addition to residents of the five municipalities, will be entitled to carry out political and electoral activities.
d. Together with the mayors of the municipalities in the Demilitarised Zone, the roundtable will promote open meetings to allow residents of the zone to express their concerns. Observers may be invited to these meetings.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Recitals, Article 4,
The government emphatically and categorically rejects any form of kidnapping of members of parliament, civil servants and any other people. This will be raised as a priority in the study for the truce with ceasefire and cessation of hostilities.

Page 2, Article 1,
Immediately focus on the document of recommendations put forward by the Commission of Eminent Persons, which deals with issues such as the truce with ceasefire and cessation of hostilities, kidnapping, actions to end the phenomenon of paramilitarism and the possible convening of a National Constitutional Assembly, notwithstanding the Shared Agenda. The parties highly appreciate the other instruments that enrich their work and are being discussed by the roundtable.
Police: Pages 2-3
6. We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.
In this respect we ratify the following:
. . .
C. The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, Article 1,
Immediately focus on the document of recommendations put forward by the Commission of Eminent Persons, which deals with issues such as the truce with ceasefire and cessation of hostilities, kidnapping, actions to end the phenomenon of paramilitarism and the possible convening of a National Constitutional Assembly, notwithstanding the Shared Agenda. The parties highly appreciate the other instruments that enrich their work and are being discussed by the roundtable.

Page 3, Article 8,
FARC states and ratifies that sudden roadblocks (pescas milagrosas) do not form part of its policy. In this respect FARC will instruct all its members to refrain from such activities.
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 5,
The roundtable will intensify its work and at the first meeting will draw up a timeline for analysing the aforementioned documents and implementing the activities described. It will carry out a monthly evaluation of progress made by the talks on the aforementioned issues and will inform the public, notwithstanding the previously agreed information mechanisms.
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. 247

AGREEMENT OF SAN FRANCISCO DE LA SOMBRA TO SECURE AND CONSOLIDATE THE PEACE PROCESS

5 October 2001

In the rural area of the municipality of San Vicente de Caguán, the national government, represented by the High Commissioner for Peace, Camilo Gómez, and Special Adviser, Juan Gabriel Uribe, and the Revolutionary Armed Forces of Colombia – People’s Army (Fuerzas Armadas Revolucionarias de Colombia – Ejército Popular, FARC–EP), represented by its Commander in Chief, Manuel Marulanda Vélez, and its spokespeople on the Roundtable for Dialogue and Negotiation, Raúl Reyes, Joaquín Gómez, Simón Trinidad, Carlos Antonio Lozada and Andrés París, and Commanders Jorge Briceño and Iván Ríos, have reached the following agreement.

RECITALS

The negotiated political solution to the social and armed conflict is the correct way to resolve the crisis facing the country and is the greatest national desire.

The peace process requires a favourable atmosphere, free from armed confrontation between the parties.

The current levels of confrontation make it essential to reach agreements that lead to the reduction of the conflict.

The government emphatically and categorically rejects any form of kidnapping of members of parliament, civil servants and any other people.

This will be raised as a priority in the study for the truce with ceasefire and cessation of hostilities.

We are aware of the historic responsibility facing the people of Colombia, which, in light of the difficulties and sacrifices, maintains its faith in and hope of living in a country with social justice and overcoming the major economic, political and social differences that lie at the root of the conflict between Colombians.

Throughout the process, we have been able to create valuable instruments to achieve these purposes, the most important being the Shared Agenda for the Transition toward a New Colombia

We are aware that this is a critical moment that requires definitions, contributions and without doubt a new dynamic for the dialogue and negotiation process.

AGREEMENT

Immediately focus on the document of recommendations put forward by the Commission of Eminent Persons, which deals with issues such as the truce with ceasefire and cessation of hostilities, kidnapping, actions to end the phenomenon of paramilitarism and the possible convening of a National Constitutional Assembly, notwithstanding the Shared Agenda.

The parties highly appreciate the other instruments that enrich their work and are being discussed by the roundtable.

In this new phase, we believe that it is paramount to invite presidential candidates and the political parties and movements to refer to the aforementioned issues, make contributions to the process that is underway and exchange ideas on the political situation facing the country.

The roundtable will also invite the various sectors from the national life to contribute to the process that is underway.

The roundtable invites the National Peace Council to exchange opinions on the issues.

The roundtable will intensify its work and at the first meeting will draw up a timeline for analysing the aforementioned documents and implementing the activities described.

It will carry out a monthly evaluation of progress made by the talks on the aforementioned issues and will inform the public, notwithstanding the previously agreed information mechanisms.

We reiterate that the Demilitarised Zone aims to facilitate dialogue and negotiation.

In this respect we ratify the following:

The only authority over this zone is exercised by the democratically elected mayors and other municipal officials, notwithstanding the authority exercised by the national government.

Similarly, FARC ratifies its commitment to respect these.

The mayors in the zone, together with the civil police and police inspectors, will exercise the functions of police and FARC ratifies its commitment to respect them.

In the Demilitarised Zone, all candidates, in addition to residents of the five municipalities, will be entitled to carry out political and electoral activities.

Together with the mayors of the municipalities in the Demilitarised Zone, the roundtable will promote open meetings to allow residents of the zone to express their concerns.

Observers may be invited to these meetings.

The above provisions are without prejudice to the powers of the president over the Demilitarised Zone.

FARC states and ratifies that sudden roadblocks (pescas milagrosas) do not form part of its policy.

In this respect FARC will instruct all its members to refrain from such activities.

The signatories to this agreement call for all Colombians to continue their efforts to find a political outcome to the country’s conflict.

5 October 2001

Signed

For the national government:

CAMILO GÓMEZ ALZATE, High Commissioner for Peace

JUAN GABRIEL URIBE, Special Adviser

For FARC–EP:

MANUEL MARULANDA VÉLEZ, Commander in Chief of FARC–EP

RAÚL REYES, Spokesperson

JOAQUÍN GÓMEZ, Spokesperson

SIMÓN TRINIDAD, Spokesperson

ANDRÉS PARÍS, Spokesperson

CARLOS ANTONIO LOZADA, Spokesperson

JORGE BRICEÑO, Commander

IVÁN RÍOS, Commander