Joint Communique #69

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Country/entity: Colombia
Region: Americas
Agreement name: Joint Communique #69
Date: 12 May 2016
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 V - Santos
Parties: The national government, the FARC-EP
Third parties: -
Description: This communique states that the negotiating parties reached an agreement on the legal security of the Final Agreement to terminate the conflict. It is agreed to add a transitory article to the constitution and that the Final Agreement shall be signed as a Special Agreement under the terms of common article 3 of the Geneva Conventions.

Agreement document: CO_160512_Joint Communiqué # 69, Havana.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: Governance→Constitution→Constitutional reform/making
Pages 1-2, Article I.
The National Government and the FARC - EP agree that the National Government will introduce, before May 18, 2016, the following wording in the formalization procedures of Legislative Act No. 04/2015 Senate, 157/2015 House of Representatives:

“Article xxx: The Political Constitution will have a new transitory article, which will read as follows:

Transitory Article: In development of the right to peace, the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace constitutes a Special Agreement under the terms of common article 3 of the Geneva Conventions of 1949. In order to offer guarantees for the fulfillment of the Final Agreement, once it has been signed and comes into force, the foregoing will be included in strict sense into the constitutionality block so as to be taken into account during its implementation period, as an interpretation parameter and as a reference for the development and validity of the Regulations and Laws for the implementation and the development of the Final Agreement.

In development of the right to peace, the special legislative procedure for the approval of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace will include a “procedure for an approval law for the Special Agreement”, with the following special, procedural criteria: delivery to Congress for its incorporation into the internal law by means of a law; formalization procedures as an ordinary law; filing of the bill of law before the Senate clerk and publication, debate in the joint constitutional committees of the Senate and the House of Representatives, vote, debate in Senate plenary session; and debate in House of Representatives plenary session. The transit of the bill between one and the other chamber shall take 8 days, votes will be limited to the approval or disapproval of the entire wording, by means of qualified majority; constitutionality control of the approval law for the Special Agreement; presidential sanction and publication in the official journal; the Government binds itself to submit this approval law immediately upon the signature and approval of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace, and upon entrance into force of this Legislative Act.

The legislative procedure for the approval of laws or legislative acts for the implementation or development of the Final Agreement will be the special legislative procedure for peace set forth in transitory article xxxx referred to in article one of this Legislative Act, and it will be in force for the approval of the regulations for the implementation and the development of the Final Agreement during the time set forth in article xxxx.

The constitutional control related to the approval of the approval law for the Special Agreement will be unique and automatic.

The constitutional control related to the implementation of the Final Agreement through ordinary or statutory laws will be unique and automatic.

Page 3, Article IV,
Once Congress has approved the Final Agreement signed as a Special Agreement under common article 3 of the Geneva Conventions, the National Government, by means of the special legislative procedure for peace, will immediately promote a Legislative Act whereby the Final Agreement shall be entirely incorporated into the Political Constitution in a transitory article, in which the Agreement on the Special Jurisdiction for Peace dated December 15, 2015 must be expressly stated. Said transitory article will enter into force once the Final Agreement comes into force.

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: Summary: The common article 3 of the Geneva Conventions is mentioned several times in the agreement. The Final Agreement, which shall be reached to end the conflict, is supposed to be a special agreement under common article 3 of the Geneva Conventions. For the detailed provisions see under constitutional reform, past provision and enforcement mechanism.
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: Pages 3-4, Article V,
The National Government and the FARC – EP agree that the Final Agreement for the termination of the conflict and the construction of a stable and long- lasting peace, signed as a Special Agreement under the terms of common article 3 of the Geneva Conventions of 1949, will be deposited, immediately after its signature, before the Swiss Federal Council in Bern or before the body that may substitute it in the future as the depositary of the Geneva Conventions.

Page 4, Article VI,
Likewise, the National Government and the FARC - EP agree that, upon approval of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace, a presidential statement will be delivered in the form of a unilateral statement of the Colombian State before the Secretary General of the United Nations, quoting the resolution of the United Nations’ Security Council dated January 25, 2016, asking the Secretary General to welcome the Final Agreement and relate it to Resolution 2261 of the Security Council dated January 25, generating an official document of the Security Council and attaching the complete wording of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace to said Resolution 2261.
Related cases: No specific mention.
Source: https://www.mesadeconversaciones.com.co/documentos-y-comunicados

Joint Communiqué # 69

Havana, Cuba, May 12, 2016

Today, the delegations of the Government of Colombia and the FARC – EP want to announce that we have reached an agreement to provide legal security and stability to the Final Agreement;

to ensure its introduction into the Colombian legal system and to provide compliance guarantees for such Final Agreement, both pursuant to Colombian internal law as well as pursuant to international law.

It consists of a series of complementary institutional and democratic mechanisms, which, as a whole, constitute a fast-track and safe route to fulfill the objectives stated in the preceding paragraph.

The wording of the agreement adopted is the following:

The National Government and the FARC - EP agree that the National Government will introduce, before May 18, 2016, the following wording in the formalization procedures of Legislative Act No.

04/2015 Senate, 157/2015 House of Representatives:

“Article xxx:

The Political Constitution will have a new transitory article, which will read as follows:

Transitory Article:

In development of the right to peace, the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace constitutes a Special Agreement under the terms of common article 3 of the Geneva Conventions of 1949.

In order to offer guarantees for the fulfillment of the Final Agreement, once it has been signed and comes into force, the foregoing will be included in strict sense into the constitutionality block so as to be taken into account during its implementation period, as an interpretation parameter and as a reference for the development and validity of the Regulations and Laws for the implementation and the development of the Final Agreement.

In development of the right to peace, the special legislative procedure for the approval of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace will include a “procedure for an approval law for the Special Agreement”, with the following special, procedural criteria:

delivery to Congress for its incorporation into the internal law by means of a law;

formalization procedures as an ordinary law;

filing of the bill of law before the Senate clerk and publication, debate in the joint constitutional committees of the Senate and the House of Representatives, vote, debate in Senate plenary session;

and debate in House of Representatives plenary session.

The transit of the bill between one and the other chamber shall take 8 days, votes will be limited to the approval or disapproval of the entire wording, by means of qualified majority;

constitutionality control of the approval law for the Special Agreement;

presidential sanction and publication in the official journal;

the Government binds itself to submit this approval law immediately upon the signature and approval of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace, and upon entrance into force of this Legislative Act.

The legislative procedure for the approval of laws or legislative acts for the implementation or development of the Final Agreement will be the special legislative procedure for peace set forth in transitory article xxxx referred to in article one of this Legislative Act, and it will be in force for the approval of the regulations for the implementation and the development of the Final Agreement during the time set forth in article xxxx.

The constitutional control related to the approval of the approval law for the Special Agreement will be unique and automatic.

The constitutional control related to the implementation of the Final Agreement through ordinary or statutory laws will be unique and automatic.

The National Government and the FARC - EP agree that the National Government, before May 18, 2016, will add to paragraph j) of article 1 of the BILL OF LAW FOR LEGISLATIVE ACT NUMBER 04 OF 2015 SENATE, 157 OF 2015 HOUSE OR REPRESENTATIVES, the word “unique” in the following paragraph:

“j) The bills of law for Legislative Acts formalized through the Special Legislative Procedure for Peace will have automatic constitutionality control (….)”

and the wording shall read as follows:

“j) The bills of law for Legislative Acts formalized through the Special Legislative Procedure for Peace will have automatic and unique constitutionality control (….)”

The National Government and the FARC – EP agree that the National Government, before May 18, 2016, will withdraw, from the formalization procedures of Legislative Act No.

04/2015 Senate, 157/2015 House of Representatives, the additive proposal “transitory article.

Special Jurisdiction for peace”.

Once Congress has approved the Final Agreement signed as a Special Agreement under common article 3 of the Geneva Conventions, the National Government, by means of the special legislative procedure for peace, will immediately promote a Legislative Act whereby the Final Agreement shall be entirely incorporated into the Political Constitution in a transitory article, in which the Agreement on the Special Jurisdiction for Peace dated December 15, 2015 must be expressly stated.

Said transitory article will enter into force once the Final Agreement comes into force.

The National Government and the FARC – EP agree that the Final Agreement for the termination of the conflict and the construction of a stable and long- lasting peace, signed as a Special Agreement under the terms of common article

3 of the Geneva Conventions of 1949, will be deposited, immediately after its signature, before the Swiss Federal Council in Bern or before the body that may substitute it in the future as the depositary of the Geneva Conventions.

Likewise, the National Government and the FARC - EP agree that, upon approval of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace, a presidential statement will be delivered in the form of a unilateral statement of the Colombian State before the Secretary General of the United Nations, quoting the resolution of the United Nations’ Security Council dated January 25, 2016, asking the Secretary General to welcome the Final Agreement and relate it to Resolution 2261 of the Security Council dated January 25, generating an official document of the Security Council and attaching the complete wording of the Final Agreement for the termination of the conflict and the construction of a stable and long-lasting peace to said Resolution 2261.