Acuerdo sobre Reglamento para la Verificacion de la Zona de Encuentro, Gobierno Nacional-ELN

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo sobre Reglamento para la Verificacion de la Zona de Encuentro, Gobierno Nacional-ELN
Date: 14 Dec 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: Implementation/renegotiation
Conflict nature: Government
Peace process: Colombia III - Arango
Parties: The National Government; the National Liberation Army (ELN)
Third parties: -
Description: The agreement deals with the establishment of a Verification Commission to verify compliance with the regulations for the Meeting Zone.

Agreement document: CO_001214_ACUERDO SOBRE REGLAMENTO PARA LA VERIFICACI‡N DE ZONA DE ENCUENTRO GOBIERNO NACIONAL - 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: 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: 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: [Summary: The entire agreement provides for detailed regulations on the set up of a verification commission to verify compliance with the regulations for the Meeting Zone. It addresses the commission's composition, its verification team (with national and international components), administrative support and the detailed procedure.]
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. 301

AGREEMENT ON REGULATIONS FOR THE VERIFICATION OF THE MEETING ZONE, THE NATIONAL GOVERNMENT AND THE NATIONAL LIBERATION ARMY

Havana, Cuba, 14 December 2000

The national government and the National Liberation Army (Ejército de Liberación Nacional, ELN) agree to establish a Verification Commission to verify compliance with the regulations for the Meeting Zone and its corresponding annexes, whose characteristics and composition are indicated below.

COMPOSITION

The Verification Commission will have five members:

two selected by ELN

two selected by the government

a fifth, selected by mutual agreement, who will act as president.

The members will be chosen from people who are not members of ELN or government officials.

The members of the Verification Commission will be of high standing and will be guaranteed to act independently and neutrally.

Within the framework of this document, the commission will draw up the regulations for its internal operation.

VERIFICATION TEAM

To carry out its tasks, the commission will have a group of up to 150 verification assistants, grouped into national and international divisions.

A. NATIONAL DIVISION

The national component will comprise up to 100 verification assistants, appointed by the Verification Commission and selected by the mutual agreement of the parties from people of Colombian nationality who are identified with the purposes of the peace process between the government and ELN.

These people must be of sufficient physical, moral and intellectual standing to guarantee full compliance with their responsibilities.

The national component will have a manager, chosen by the Verification Committee.

B. INTERNATIONAL COMPONENT

The international component will comprise up to 50 verification assistants, appointed by the Verification Commission and selected by the mutual agreement of the parties from candidates put forward by the interested countries and international organisations.

The international component will have a manager chosen by the Verification Commission.

The national government will determine the legal conditions applicable to facilitate the work of foreign staff assisting the commission.

The heads of the national and international components will act as contacts between their respective component and the Verification Commission and will be able to participate, without decision-making powers, in its meetings, as applicable.

In carrying out their tasks, the heads of the national and international components will be subject to the instructions given by the Verification Commission and the provisions of this regulation.

LOGISTIC AND ADMINISTRATIVE SUPPORT

The commission will hire the administrative support staff required for its work.

The commission will have a budget assigned by the national government for its functioning and operation.

The handling of this budget will be subject to all the controls established by the legislation in force.

The national government will provide the commission with the facilities and resources required for its functioning and operation.

The national government and the commission will make the necessary arrangements for the provision of the equipment, transport and communications required for its work.

The parties will make the efforts required to contribute to the correct functioning and adequate operation of the commission.

PROCEDURE

The verification must fully cover the Meeting Zone.

In carrying out its functions, the commission will examine complaints, comments and suggestions regarding compliance with the regulations of the Meeting Zone submitted by the parties, the authorities of the zone and the community, notwithstanding their own verification programme.

Each of the parties will appoint a representative to act as their agent before the commission.

The agents will inform the commission of the requirements and assessments of the parties for the verification tasks.

They will also receive any recommendations and requirements the commission deems fit to make.

The commission will be entitled to summon, as deemed fit, the agents of the parties to address any aspect relative to the verification of the Meeting Zone.

The recommendations of the commission and the issues raised by the parties will be confidential and may not be disclosed, except when the commission believes this is indispensable for the benefit of the assigned task.

The first task of the commission will be to verify the withdrawal of the military forces and the national police from the Meeting Zone.

The commission will be responsible for verifying the end of the Meeting Zone when this occurs.

The commission will be entitled to formulate recommendations for the parties to facilitate the development of the negotiation process.

However, it will not be entitled to participate in or voice opinions on the process, except when its contribution is specifically and occasionally requested by mutual agreement of the parties.