Acuerdo entre los Comandos Ernesto Rojas y el Gobierno Nacional, Protocolo de Adhesion al Acuerdo de Paz del EPL

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo entre los Comandos Ernesto Rojas y el Gobierno Nacional, Protocolo de Adhesion al Acuerdo de Paz del EPL
Date: 20 Mar 1992
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 I - Gaviria
Parties: Por el Gobierno Nacional
GONZALO DE FRANCISCO
Consejería para la Paz
EDUARDO DIAZ URIBE
Consejería para la Paz
JOSE NOE RIOS
Consejería para la Paz
JHON GOMEZ MARTINEZ
Director Programa Presidencial para la Reinserción
Por los Comandos Ernesto Rojas
ALEX CHACON
HECTOR TANGARIFE
Third parties: CARLOS ESPINOSA FACCIO LINCE
Presidente del Senado de la República
Presbítero FERNANDO GARCÍA
Secretario Pastoral Social Conferencia Episcopal
DARÍO MEJÍA
ExConstituyente
En la condición de reinsertados de EPL
JAIRO DE J. ECHEVERRI MONTOYA.
JOSE MORENO ROJAS.
Description: A very short agreement whereby the CER subscribed to the agreement of February 1991 between the government and the EPL.

Agreement document: CO_920320_Acuerdo Entre Los Comandos Ernesto Rojas Y El Gobierno Nacional - tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_920320_Acuerdo Entre Los Comandos Ernesto Rojas Y El Gobierno Nacional.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 10,
As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.
Traditional/religious leaders: Page 2, Article 10,
As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.
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: Security sector→DDR→Demilitarisation provisions
Page 1, Article 1,
Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.
The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime. The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

Page 2, Article 5,
The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life. In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country. Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

Page 2, Article 6,
The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL. In this respect, they will also be subject to any supplementary agreements signed by both parties.

Page 2, Article 8,
The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 1,
Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.
The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime. The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

Page 2, Article 5,
The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life. In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country. Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

Page 2, Article 6,
The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL. In this respect, they will also be subject to any supplementary agreements signed by both parties.

Page 2, Article 8,
The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, Article 3,
3. Under Decree 1943, 12 August 1991, the national government awards reprieve or amnesty based on the list of people submitted by the Ernesto Rojas Commandos (Annex 1). The council for peace will submit this list to the Ministry of Justice within 24 hours from the signing of this protocol, in compliance with chapter II of Decree 1943.
Four people may be added to the list in the eight days following the signing of the protocol.

Page 2, Article 4,
4. Anyone who reoffends after the cessation of procedure established by the national government in Decree 213, 21 January 1991, as a result of the previous negotiations with EPL will not be eligible for reprieve or amnesty.
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 7,
For the implementation and monitoring of the reinsertion programme, the Ernesto Rojas Commandos will be represented by Alex Chacón Usquiano before the Presidential Office for Reinsertion.
Related cases: No specific mention.
Source: Source: Acuerdos con el EPL, MAQL y CRS, Diálogos con la CGSB, Biblioteca de la Paz – 1990-1994, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book III) p. 407

AGREEMENT BETWEEN THE ERNESTO ROJAS COMMANDOS AND THE NATIONAL GOVERNMENT, ACCESSION PROTOCOL FOR THE PEACE AGREEMENT, SANTAFÉ DE BOGOTÁ

20 March 1992

PROTOCOL

In the city of Santafé de Bogotá on 20 March 1992, a delegation of the Presidential Council for Peace, in representation of the national government, and the leadership of the Ernesto Rojas Commandos, members of the former Popular Liberation Army, met to formalise the following agreement:

Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.

The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime.

The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

The Ernesto Rojas Commandos accept the agreements signed between the national government and the Popular Liberation Army (Ejército Popular de Liberación, EPL) on 15 February 1991.

Under Decree 1943, 12 August 1991, the national government awards reprieve or amnesty based on the list of people submitted by the Ernesto Rojas Commandos (Annex 1).

The council for peace will submit this list to the Ministry of Justice within 24 hours from the signing of this protocol, in compliance with chapter II of Decree 1943.

Four people may be added to the list in the eight days following the signing of the protocol.

Anyone who reoffends after the cessation of procedure established by the national government in Decree 213, 21 January 1991, as a result of the previous negotiations with EPL will not be eligible for reprieve or amnesty.

The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life.

In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country.

Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL.

In this respect, they will also be subject to any supplementary agreements signed by both parties.

For the implementation and monitoring of the reinsertion programme, the Ernesto Rojas Commandos will be represented by Alex Chacón Usquiano before the Presidential Office for Reinsertion.

The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.

This event will be made known to the public via a joint communication.

As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.

SIGNED IN THE CITY OF SANTAFÉ DE BOGOTÁ

20 March 1992

For the national government:

GONZALO DE FRANCISCO, Peace Council

EDUARDO DIAZ URIBE, Peace Council

JOSE NOE RIOS, Peace Council

JHON GOMEZ MARTINEZ, Director of the Presidential Programme for Reinsertion

For the Ernesto Rojas Commandos:

ALEX CHACON

HECTOR TANGARIFE

Witnesses:

CARLOS ESPINOSA FACCIO LINCE, President of the Senate of the Republic

PRESBYTER FERNANDO GARCÍA, Pastoral–Social Secretary of the Episcopal Conference

DARÍO MEJÍA, former member of the National Constitutional Assembly

Reinserted members of EPL:

JAIRO DE J. ECHEVERRI MONTOYA

JOSE MORENO ROJAS