Acuerdo de 'Agenda Comun por el Cambio hacia una Nueva Colombia', Gobierno Nacional-FARC-EP

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo de 'Agenda Comun por el Cambio hacia una Nueva Colombia', Gobierno Nacional-FARC-EP
Date: 6 May 1999
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: VICTOR G. RICARDO; FABIO VALENCIA COSSIO; MARÍA EMMA MEJÍA VÉLEZ; NICANOR RESTREPO SANTAMARÍA; RODOLFO ESPINOSA MEOLA
For FARC: RAÚL REYES; JOAQUÍN GÓMEZ; FABIÁN RAMÍREZ
Third parties: -
Description: Agreed framework for future negotiations, incl. protection of human rights as a responsibility of the state, agrarian policy, natural resources, international treaties, income redistribution, justice reform/fighting corruption/drug trafficking, political reform to broaden democracy, state reform, agmts about IHL, armed forces, intl agreements, formalizing the arrangements. 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. 179

Agreement document: CO_990506_Agenda Común Por El Cambio Hacia Una Nueva Colombia - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_990506_Agenda Común Por El Cambio Hacia Una Nueva Colombia.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Pages 2-3, Article 9.1.,
Removing children from the armed conflict.
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→Rhetorical
Page 1, Article 1,
Negotiated political solution: a negotiated political solution will be sought to the severe social and armed conflict. The solution will lead to a new Colombia via political, economic and social transformations that will make it possible to reach consensuses to build a new state founded on social justice and to preserve national unity. Peace results will occur as the negotiations advance. This means a commitment to the construction of peace, which must be accepted by all Colombians, without distinguishing between parties, and economic, social and religious interests.
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: Page 2, Article 8.3.,
Decentralisation and the strengthening of local power.
Self determination: Page 3, Article 11.1.,
Respect for free self-determination and non-intervention.
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): Governance→Political institutions (new or reformed)→General references
Page 2, Article 7,
Political reform to expand democracy.
7.1. Reforms to political parties and movements.
7.2. Electoral reforms.
7.3. Opposition guarantees.
7.4. Minority guarantees.
7.5. Citizen participation mechanisms.
Elections: Page 2, Article 7.2.,
Electoral reforms.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 2, Article 7,
Political reform to expand democracy.
7.1. Reforms to political parties and movements.
7.2. Electoral reforms.
7.3. Opposition guarantees.
7.4. Minority guarantees.
7.5. Citizen participation mechanisms.
Civil society: Page 1, Article 1,
A political solution to the serious social and armed conflict is being sought, one which will bring a new Colombia through political, economic, and social change, creating consensus to build a new state, founded on social justice and conserving national unity.
Acts of peace will occur as the negotiations advance. This means that all Colombians must commit to the construction of peace without regard to economic, social or religious interests, or political parties.

Page 2, Article 7.5.,
Citizen participation mechanisms.
Traditional/religious leaders: No specific mention.
Public administration: Page 2, Article 8,
...
8.2. Administrative reform to improve the efficiency of public administration.
8.3. Decentralisation and the strengthening of local power.
8.4. Public services.
8.5. Strategic sectors
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 2,
Protection of human rights as a state responsibility.
2.1. Fundamental rights.
2.2. Economic rights.
2.3. International treaties on human rights.

Page 1, 2. Protection of human rights as a state responsibility.
2.1. Fundamental rights.
2.2. Economic rights.
2.3. International treaties on human rights

Page 3, 10. Military forces.
10.2. Protection of human rights
Bill of rights/similar: No specific mention.
Treaty incorporation: Pages 2-3, Article 9,
Agreements on international humanitarian law.
...
9.4. Validity of international regulations.

Page 3, Article 4,
Exploitation and conservation of natural resources.
...
4.2. International treaties.
...
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 2, Article 7,
Political reform to expand democracy.
7.1. Reforms to political parties and movements.
7.2. Electoral reforms.
7.3. Opposition guarantees.
7.4. Minority guarantees.
7.5. Citizen participation mechanisms

Page 3, Article 12,
Formalisation of agreements.
12.1. Democratic instruments to legitimise the agreements.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 1, 4. Exploitation and conservation of natural resources.
4.1. Natural resources and their distribution.
4.2. International treaties.
4.3. Protection of the environment based on sustainable development.
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: Page 2, Article 6,
Reforms to the justice system, the fight against corruption and drug trafficking.
6.1. Legal system.
6.2. Control bodies.
6.3. Instruments for the fight against corruption.
6.4. Drug trafficking.
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, Article 1,
Negotiated political solution: a negotiated political solution will be sought to the severe
social and armed conflict. The solution will lead to a new Colombia via political,
economic and social transformations that will make it possible to reach consensuses to
build a new state founded on social justice and to preserve national unity. Peace results
will occur in line with the progress of the negotiations.
This means a commitment to the construction of peace, which must be accepted by all
Colombians, without distinguishing between parties, and economic, social and religious
interests.

Page 1, Article 3,
Integrated agrarian policy.
3.1. The democratisation of credit, technical assistance and trade.
3.2. The redistribution of unproductive land.
3.3. Recovery and distribution of land acquired through drug trafficking and illicit
wealth.
3.4. Stimuli for production.
3.5. Integrated territorial laws.
3.6. Substitution of illicit crops and alternative development.

Page 2, Article 5,
Economic and social structure.
5.1. Revising the economic development model.
5.2. Income redistribution policies.
5.3. Expanding internal and external markets.
5.4. Stimulating production via small, medium and large private enterprise.
5.5. Support for the solidarity and cooperative economy.
5.6. Stimulating foreign investment that benefits the country.
5.7. Social participation in planning.
5.8. Investments in social well-being, education and scientific investigation.
National economic plan: No specific mention.
Natural resources: Page 3, Article 4,
Exploitation and conservation of natural resources.
4.1. Natural resources and their distribution.
...
International funds: No specific mention.
Business: Page 2, Article 5.4.,
Stimulating production via small, medium and large private enterprise.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 1, Article 3,
Integrated agrarian policy.
...
3.2. The redistribution of unproductive land.
3.3. Recovery and distribution of land acquired through drug trafficking and illicit
wealth.
3.4. Stimuli for production.
3.5. Integrated territorial laws.
...
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 3, Article 4,
Exploitation and conservation of natural resources.
...
4.3. Protection of the environment based on sustainable development.
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: Page 3, Article 10,
Military forces.
10.1. Defence of sovereignty.
10.2. Protection of human rights.
10.3. Combating self-defence groups.
10.4. International treaties.
DDR: Security sector→DDR→Demilitarisation provisions
Pages 2-3, Article 9.2.,
Antipersonnel mines.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 1, Article 3.6.,
Substitution of illicit crops and alternative development.

Page 2, Article 6,
Reforms to the justice system, the fight against corruption and drug trafficking.
...
6.3. Instruments for the fight against corruption.
6.4. Drug trafficking.
Crime/organised crime: Page 1, Article 3.6.,
Substitution of illicit crops and alternative development.

Page 2, Article 6,
Reforms to the justice system, the fight against corruption and drug trafficking.
...
6.3. Instruments for the fight against corruption.
6.4. Drug trafficking.
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 3, Article 12,
Formalisation of agreements.
12.1. Democratic instruments to legitimise the agreements.
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. 179

SHARED AGENDA FOR THE TRANSITION TOWARD A NEW COLOMBIA

La Machaca, 6 May 1999

Negotiated political solution:

a negotiated political solution will be sought to the severe social and armed conflict.

The solution will lead to a new Colombia via political, economic and social transformations that will make it possible to reach consensuses to build a new state founded on social justice and to preserve national unity.

Peace results will occur in line with the progress of the negotiations.

This means a commitment to the construction of peace, which must be accepted by all Colombians, without distinguishing between parties, and economic, social and religious interests.

Protection of human rights as a state responsibility.

Fundamental rights.

Economic rights.

International treaties on human rights.

Integrated agrarian policy.

The democratisation of credit, technical assistance and trade.

The redistribution of unproductive land.

Recovery and distribution of land acquired through drug trafficking and illicit wealth.

Stimuli for production.

Integrated territorial laws.

Substitution of illicit crops and alternative development.

Exploitation and conservation of natural resources.

Natural resources and their distribution.

International treaties.

Protection of the environment based on sustainable development.

Economic and social structure.

Revising the economic development model.

Income redistribution policies.

Expanding internal and external markets.

Stimulating production via small, medium and large private enterprise.

Support for the solidarity and cooperative economy.

Stimulating foreign investment that benefits the country.

Social participation in planning.

Investments in social well-being, education and scientific investigation.

Reforms to the justice system, the fight against corruption and drug trafficking.

Legal system.

Control bodies.

Instruments for the fight against corruption.

Drug trafficking.

Political reform to expand democracy.

Reforms to political parties and movements.

Electoral reforms.

Opposition guarantees.

Minority guarantees.

Citizen participation mechanisms.

State reforms.

Congress reforms.

Administrative reform to improve the efficiency of public administration.

Decentralisation and the strengthening of local power.

Public services.

Strategic sectors.

Agreements on international humanitarian law.

Removing children from the armed conflict.

Antipersonnel mines.

Respect for the civilian population.

Validity of international regulations.

Military forces.

Defence of sovereignty.

Protection of human rights.

Combating self-defence groups.

International treaties.

International relations.

Respect for free self-determination and non-intervention.

Regional integration in Latin America.

External debt.

International state treaties and agreements.

Formalisation of agreements.

Democratic instruments to legitimise the agreements.

Signed

For the national government:

VICTOR G. RICARDO

FABIO VALENCIA COSSIO

MARÍA EMMA MEJÍA VÉLEZ

NICANOR RESTREPO SANTAMARÍA

RODOLFO ESPINOSA MEOLA

For FARC:

RAÚL REYES

JOAQUÍN GÓMEZ

FABIÁN RAMÍREZ