Political Agreement between the National Government, the Political Parties, M-19 and the Catholic Church as Moral and Spiritual Guardian of the ProcessSpanish: Acuerdo Político entre el Gobierno Nacional, los Partidos Políticos, el M-19, y la Iglesia Católica en Calidad de Tutora Moral y Espiritual del Proceso

Country/entity
Colombia
Region
Americas
Agreement name
Political Agreement between the National Government, the Political Parties, M-19 and the Catholic Church as Moral and Spiritual Guardian of the ProcessSpanish: Acuerdo Político entre el Gobierno Nacional, los Partidos Políticos, el M-19, y la Iglesia Católica en Calidad de Tutora Moral y Espiritual del Proceso
Date
9 Mar 1990
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Framework/substantive - comprehensive
Conflict nature
Government
Peace process
Colombia I - Gaviria
Parties
VIRGILIO BARCO

President of the Republic

RAFAEL PARDO RUEDA

Presidential Adviser

JULIO CESAR TURBAY AYALA

Former President of the Republic and National Director of the Colombian Liberal Party

CARLOS PIZARRO LEONGOMEZ

Absolute Commander of the M-19

ANTONIO NAVARRO WOLF

Commander of the M-19
Third parties
Monsehor ALVARO FANDINO

Representative of the Catholic Church, Moral and Spiritual guide of the Process

Dr. LULS AYALA

Witness, representative of the Socialist International
Description
Attempted to reinvigorate the Political Pact of 1989 and add new elements. Provided for a return to civilian life for the guerillas, and for community programmes in areas where the guerillas were demobilising. Provided for electoral reform to increase political participation in particular for minorities. Provided for a Commission to look at reform of Criminal Justice. Established an Academic Non-governmental Commission to look at the different dimensions of drug trafficking. The government undertook to fulfill its obligations by the date on which M-19 committed to demobilising and disarming. The signatories undertook to form an ‘Implementation Commission’ to firm up the compromises in the agreement. The 1989 Security Plan was also reactivated. Attempted to reinvigorate the Political Pact of 1989 and add new elements. The govt undertook to fulfil its obligations by the date on which M-19 committed to demoblising and disarming. The 1989 Security Plan was also reactivated. Sissela: This document is a political agreement which covers several issues, e.g. mechanisms for constitutional reforms, more democratic participation, conditions for transformation of demobilised groups into political parties, a fund to help zones in which the guerrilla were active, electoral reform, justice reform, drug production, trade and consumption. The agreement will come into force once arms are laid down, the point at which the M-19 announce that their armed forces demobilise and its members reintegrate into the institutional life of the country. They will hand over arms, ammunition in front of a commission of the Socialist International. The government in turn will initiate the reinsertion programmes. M-19 assures that all its members agree and it will cease to exist. A security plan will assure the security of M19 leaders for a considerable time.


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
Page 2, Article 4,
The signatories of this accord support an Electoral Reform that will have the following basis:
- With the objective of extending electoral opportunities and modernizing the voting procedures it would establish a Electoral Card and a secret ballot for mayoral elections as of 1992 and it would examine the technical possibilities of incorporating these into the Public Corporations elections as of 1994.
- Similarly, with the objective of expanding the space for political participation measures increasing the extension of parliamentary representation for minorities would be adopted through mechanisms such as the National Constituency and National Territories.
Electoral commission

No specific mention.

Political parties reform
Governance→Political parties reform→Rebels transitioning to political parties
Page 1, Article 2,
In order to allow for the incorporation into civilian life of the guerrillas and their transition from armed struggle into political life the parties commit themselves to supporting the establishment of a one- off Peace Constituency for political parties emerging from armed movements who have been demobilized and reincorporated into civilian life. Said Constituency for the Senate of the Republic and the House of Representatives will be later applied to the 1992 elections, and its characteristics will be defined by the signatories in a future agreement.
Civil society
Page 2, Article 4,
The signatories of this accord support an Electoral Reform that will have the following basis:
- With the objective of extending electoral opportunities and modernizing the voting procedures it would establish a Electoral Card and a secret ballot for mayoral elections as of 1992 and it would examine the technical possibilities of incorporating these into the Public Corporations elections as of 1994.
- Similarly, with the objective of expanding the space for political participation measures increasing the extension of parliamentary representation for minorities would be adopted through mechanisms such as the National Constituency and National Territories.

Page 2, Article 6,
Regarding the issue of the production, trafficking and consumption of narcotics the Minister for the Interior, acting in the name of the national government will create a non-governmental Commission of Academic Nature, with full autonomy and independence, which will investigate the national and international dimensions of the phenomenon. The Commission will be composed of academics from public and private universities and from research centres of recognized prestige.
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
Page 1, Untitled Preamble,
The political pact for peace and democracy, agreed upon on the 2 of November 1989, contains fundamental aspects for the realization of national reconciliation. ...
Detention procedures

No specific mention.

Media and communication

No specific mention.

Mobility/access

No specific mention.

Protection measures
Rights related issues→Protection measures→Protection of groups
Page 3,

10.... The need to maintain an appropriate level of security and protection for the principal leaders of the M-19 after 7 August 1990 is stressed.
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 5,
Regarding the administration of justice, the national government will issue a decree corresponding to the creation of an Exploratory Commission on the Integral Reform of the Administration of Justice according to the terms stipulated in the Political Pact. Said Commission according to the above mentioned criteria would function during a period of three years and would be authorized at the highest level. Its aim would be primarily to propose strategies for the reform of the justice system in substantive, administrative, budgetary, personnel and procedural areas.
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, Untitled Preamble,
... The issues of greatest concern to the country today were addressed in the discussions that resulted in the agreed upon conclusions presented in this Pact: the administration of justice, narco-trafficking, electoral reform, public investment in areas of conflict and, of course, peace, public order and the normalization of civic life. ...
National economic plan

No specific mention.

Natural resources

No specific mention.

International funds
Pages 1-2:
3. In regard to the National Peace Fund as envisioned in the Political Pact, designated to promote initiatives and programmes for the benefit of communities in the areas in which the demobilized guerrillas have held influence, can have its funding added to by the government, private enterprises and by those international foundations that are prepared to offer their support to this initiative.
Business
Pages 1-2, Article 3,
In regard to the National Peace Fund as envisioned in the Political Pact, designated to promote initiatives and programmes for the benefit of communities in the areas in which the demobilized guerrillas have held influence, can have its funding added to by the government, private enterprises and by those international foundations that are prepared to offer their support to this initiative.
A high level commission will be created for the Administration and Promotion of this fund that will undertake these objectives.
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→DDR programmes
Page 1, Article 2,
In order to allow for the incorporation into civilian life of the guerrillas and their transition from armed struggle into political life the parties commit themselves to supporting the establishment of a one- off Peace Constituency for political parties emerging from armed movements who have been demobilized and reincorporated into civilian life. Said Constituency for the Senate of the Republic and the House of Representatives will be later applied to the 1992 elections, and its characteristics will be defined by the signatories in a future agreement.

Pages 1-2, Article 3,
In regard to the National Peace Fund as envisioned in the Political Pact, designated to promote initiatives and programmes for the benefit of communities in the areas in which the demobilized guerrillas have held influence, can have its funding added to by the government, private enterprises and by those international foundations that are prepared to offer their support to this initiative.

Pages 2-3, Article 8,
The M-19 as of this date declares that all of its armed fronts have been demobilized and its members incorporated into the institutional life of the country. Similarly it announces that it has decommissioned all of its weapons, munitions and war materials before the International Socialist Commission, designed for this purpose. The national government created a National Council for Normalization through Decree 314 of the current year in order to coordinate all of the Demobilization Plan.
The national government as of this date will grant amnesty to the members of M-19 and will begin the agreed upon programmes of social reinsertion and income generation.
The M-19 similarly reiterates that all of its members accept this agreement and that as an armed group it ceases to exist.
A high level commission will be created for the Administration and Promotion of this fund that will undertake these objectives.
Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
[Summary] For detailed provisions on DDR please see 'DDR'.

Page 3, Article 10,
The Security Plan will be implemented according to the terms agreed upon by the national government and the M-19 in December 1989. The said Plan will be in force until 7 August 1990, with the necessary revisions that will be agreed upon by the representatives of the national government and the M-19.
The need to maintain an appropriate level of security and protection for the principal leaders of the M-19 after 7 August 1990 is stressed.
Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs
Page 1, Untitled Preamble,
... The issues of greatest concern to the country today were addressed in the discussions that resulted in the agreed upon conclusions presented in this Pact: the administration of justice, narco-trafficking, electoral reform, public investment in areas of conflict and, of course, peace, public order and the normalization of civic life. ...

Page 2, Article 6,
Regarding the issue of the production, trafficking and consumption of narcotics the Minister for the Interior, acting in the name of the national government will create a non-governmental Commission of Academic Nature, with full autonomy and independence, which will investigate the national and international dimensions of the phenomenon. The Commission will be composed of academics from public and private universities and from research centres of recognized prestige.
Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon
Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Pages 2-3, Article 8,
The M-19 as of this date declares that all of its armed fronts have been demobilized and its members incorporated into the institutional life of the country. Similarly it announces that it has decommissioned all of its weapons, munitions and war materials before the International Socialist Commission, designed for this purpose. The national government created a National Council for Normalization through Decree 314 of the current year in order to coordinate all of the Demobilization Plan.
The national government as of this date will grant amnesty to the members of M-19 and will begin the agreed upon programmes of social reinsertion and income generation.
The M-19 similarly reiterates that all of its members accept this agreement and that as an armed group it ceases to exist.
A high level commission will be created for the Administration and Promotion of this fund that will undertake these objectives.
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
Page 1, Untitled Preamble,
The political pact for peace and democracy, agreed upon on the 2 of November 1989, contains fundamental aspects for the realization of national reconciliation.
...
With the objective of successfully completing the peace and reconciliation process with the M-19 it is necessary to legalize those agreements and incorporate additional elements to replace those which formed part of the Constitutional Reform not completed in 1989. Therefore, the signatories of this document assume the following commitments, all of which are derived from agreements already achieved and from the will to successfully finalize this effort at pacification:

Implementation

UN signatory

No specific mention.

Other international signatory
Page 4, Signatories,
... Dr. LULS AYALA, Witness, representative of the Socialist International
Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism
Page 3, Article 9.,
The Signatories of this agreement commit themselves to the formation of Follow-up Commission (with one member from each signatory) with the objective of detailing and making viable the commitments subscribed to here.
Related cases

No specific mention.

Source
Accord, http://www.c-r.org/downloads/14_Colombia.pdf

ACCORD BETWEEN THE NATIONAL GOVERNMENT, THE POLITICAL PARTIES, THE M-19 AND THE CATHOLIC CHURCH IN THE CAPACITY OF AMORAL AND SPIRITUAL GUIDE FOR THE PROCESS 9 March 1990

The political pact for peace and democracy, agreed upon on the 2 of November 1989, contains fundamental aspects for the realization of national reconciliation.

The issues of greatest concern to the country today were addressed in the discussions that resulted in the agreed upon conclusions presented in this Pact:

the administration of justice, narco-trafficking, electoral reform, public investment in areas of conflict and, of course, peace, public order and the normalization of civic life.

With the objective of successfully completing the peace and reconciliation process with the M-19 it is necessary to legalize those agreements and incorporate additional elements to replace those which formed part of the Constitutional Reform not completed in 1989.

Therefore, the signatories of this document assume the following commitments, all of which are derived from agreements already achieved and from the will to successfully finalize this effort at pacification:

1. We agree on the necessity of - through the normal mechanisms of Constitutional Reform or through the convocation of the Constitutional mandate of the people through a Constituent Plebiscite, Referendum or Assembly - approving issues of primary importance to the realization of peace and strengthening the state’s institutional legitimacy.

We commit ourselves to pursuing the political agreements necessary in order to realize this task of the expansion of democratic spaces.

However, the decision that is taken in this respect must be preceded by a broad consensus that must include the consent of those who occupy the Presidency of the Republic.

2. In order to allow for the incorporation into civilian life of the guerrillas and their transition from armed struggle into political life the parties commit themselves to supporting the establishment of a one- off Peace Constituency for political parties emerging from armed movements who have been demobilized and reincorporated into civilian life.

Said Constituency for the Senate of the Republic and the House of Representatives will be later applied to the 1992 elections, and its characteristics will be defined by the signatories in a future agreement.

3. In regard to the National Peace Fund as envisioned in the Political Pact, designated to promote initiatives and programmes for the benefit of communities in the areas in which the demobilized guerrillas have held influence, can have its funding added to by the government, private enterprises and by those international foundations that are prepared to offer their support to this initiative.

A high level commission will be created for the Administration and Promotion of this fund that will undertake these objectives.

4. The signatories of this accord support an Electoral Reform that will have the following basis:

- With the objective of extending electoral opportunities and modernizing the voting procedures it would establish a Electoral Card and a secret ballot for mayoral elections as of 1992 and it would examine the technical possibilities of incorporating these into the Public Corporations elections as of 1994.

- Similarly, with the objective of expanding the space for political participation measures increasing the extension of parliamentary representation for minorities would be adopted through mechanisms such as the National Constituency and National Territories.

5. Regarding the administration of justice, the national government will issue a decree corresponding to the creation of an Exploratory Commission on the Integral Reform of the Administration of Justice according to the terms stipulated in the Political Pact.

Said Commission according to the above mentioned criteria would function during a period of three years and would be authorized at the highest level.

Its aim would be primarily to propose strategies for the reform of the justice system in substantive, administrative, budgetary, personnel and procedural areas.

6. Regarding the issue of the production, trafficking and consumption of narcotics the Minister for the Interior, acting in the name of the national government will create a non-governmental Commission of Academic Nature, with full autonomy and independence, which will investigate the national and international dimensions of the phenomenon.

The Commission will be composed of academics from public and private universities and from research centres of recognized prestige.

7. Regarding the remaining political and socio-economic issues and issues regarding peaceful coexistence, justice and public order agreed upon in the Political Pact, the government will begin application and implementation as of the date when the group lays down its arms.

8. The M-19 as of this date declares that all of its armed fronts have been demobilized and its members incorporated into the institutional life of the country.

Similarly it announces that it has decommissioned all of its weapons, munitions and war materials before the International Socialist Commission, designed for this purpose.

The national government created a National Council for Normalization through Decree 314 of the current year in order to coordinate all of the Demobilization Plan.

The national government as of this date will grant amnesty to the members of M-19 and will begin the agreed upon programmes of social reinsertion and income generation.

The M-19 similarly reiterates that all of its members accept this agreement and that as an armed group it ceases to exist.

9. The Signatories of this agreement commit themselves to the formation of Follow-up Commission (with one member from each signatory) with the objective of detailing and making viable the commitments subscribed to here.

10. The Security Plan will be implemented according to the terms agreed upon by the national government and the M-19 in December 1989.

The said Plan will be in force until 7 August 1990, with the necessary revisions that will be agreed upon by the representatives of the national government and the M-19.

The need to maintain an appropriate level of security and protection for the principal leaders of the M-19 after 7 August 1990 is stressed.

The signing of this accord concludes a decisive stage for the preparation for peace and the re-establishment of harmony that has been the wish of several generations of Colombians.

Today we can hold genuine hope that common sense and generosity will impose themselves over intransigence and radicalism and that in the near future political ideals will not be the cause of killing between Colombians.

The National Government, the political parties and the M-19 are in agreement on the significance that the undertaking of this accord has for the country.

It opens the road to reconciliation.

It shapes the conditions in order to continue advancing in the search for pacification.

It offers procedures and instruments in order to implement political solutions.

In other words it demonstrates how, through the transformation of the parties’ genuine will for peace into concrete actions, the pursuit of peaceful coexistence can be achieved.

SIGNATORIES:

VIRGILIO BARCO

President of the Republic

RAFAEL PARDO RUEDA

Presidential Adviser

JULIO CESAR TURBAY AYALA

Former President of the Republic and National Director of the Colombian Liberal Party

CARLOS PIZARRO LEONGOMEZ

Absolute Commander of the M-19

ANTONIO NAVARRO WOLF

Commander of the M-19

Monsehor ALVARO FANDINO

Representative of the Catholic Church, Moral and Spiritual guide of the Process

Dr. LULS AYALA

Witness, representative of the Socialist International