Acuerdo sobre las Audiencias Públicas, Comunicado no. 3 de la Mesa de Dialogos y Negociacion

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo sobre las Audiencias Públicas, Comunicado no. 3 de la Mesa de Dialogos y Negociacion
Date: 5 Nov 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:
VÍCTOR G. RICARDO,High Commissioner
CAMILO A. GÓMEZ,Negotiator
FABIO VALENCIA COSSIO,Negotiator
PEDRO GOMEZ BARRERO,Negotiator
JUAN GABRIEL URIBE,Negotiator
GONZALO FORERO DELGADILLO,Negotiator
NESTOR HUMBERTO MARTINEZ,Coordinator of the Thematic Committee
MAURICIO CÁRDENAS,Thematic Comittee
ANDRÉS GONZÁLEZ DÍAZ,Thematic Comittee
ARMANDO POMÁRICO,Thematic Comittee
MIGUEL PINEDO VID AL,Thematic Comittee
JUAN GÓMEZ MARTÍNEZ,Thematic Comittee
JORGE GÓMEZ DUARTE,Thematic Committee

For the FARC-EP
RAÚL REYES,Negotiator
JOAQUIN GOMEZ,Negotiator
FABIÁN RAMÍREZ,Negotiator
IVAN RIOS, Coordinator of the Thematic Committee
MARCO LEÓN CALARCÁ,Thematic Committee
PEDRO ALDANA,Thematic Committee
ALBERTO MARTÍNEZ, Thematic Committee
SIMÓN TRINIDAD, Thematic Committee
FELIPE RINCÓN, Thematic Committee
JAIRO MARTÍNEZ, Thematic Committee
Third parties: -
Description: Sets out the functions and powers of the technical committee that serves National Dialogue and Negotiation Body; and the method of conducting the public audiences of the National Dialogue Body

Agreement document: CO_991105_ACUERDO SOBRE LAS AUDIENCIAS PÈBLICAS COMUNICADO N3 -tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_991105_ACUERDO SOBRE LAS AUDIENCIAS PÚBLICAS COMUNICADO N3.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: Summary: The entire agreement provides for the creation of the National Thematic Committee, an auxiliary body of the National Roundtable for Dialogue and Negotiation, consisting of up to 20 members representing the Colombian society. The committee will have two representatives, one from the government and one from the FARC-EP and a technical secretariat. It is supposed to hold public audiences, the guidelines for these audiences is also outlined in the agreement. For detailed provisions see communications and democracy.]
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: Pages 3-4, 2. Methodology for Public Audiences, Article 6,
Broad calls and invitations to the public will be made in line with the issues agreed by the assembly, using all possible media to allow those who are interested in the problem to be discussed at a given audience to attend. Under all circumstances the National Thematic Committee will guarantee the invitation and representative, open, democratic, ordered and plural participation of all members of the Colombian public.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2, 1. Functions and Powers of the National Thematic Committee, Article 5,
Statements by the National Thematic Committee, where relevant and necessary, will be made via communications produced in partnership and with the authorisation of the National Roundtable for Dialogue and Negotiation. The coordinators of the committee will act as spokespeople for this purpose.

Page 3, 2. Methodology for Public Audiences, Article 5,
The large-scale campaign for the promotion and explanation of the audiences must begin as soon as possible, using jointly prepared materials such as educational leaflets, posters, a website, cassettes and videos to be broadcast via mass media, the television station Señal Colombia (on large public screens where possible), and the radio station Radiodifusora Nacional.

Page 4, 2. Methodology for Public Audiences, Article 9,
The audiences will be transmitted live or via recordings broadcast by the television channel Señal Colombia and the radio station Radio Nacional. Large public screens will also be used for this purpose where possible.
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: No specific mention.
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. 188

AGREEMENT ON PUBLIC AUDIENCES:

COMMUNICATION NO.

3, ROUNDTABLE FOR DIALOGUE AND NEGOTIATIONS

San Vicente del Caguán, 5 November 1999

The spokespeople appointed by the national government and the Revolutionary Armed Forces of Colombia – People’s Army (Fuerzas Armadas Revolucionarias de Colombia – Ejército Popular, FARC–EP) for the negotiations, present in the municipality of San Vicente del Caguán on 5 November 1999, have reached the following agreement regarding the holding of public audiences and the operation of the National Thematic Committee:

1. FUNCTIONS AND POWERS OF THE NATIONAL THEMATIC COMMITTEE

The National Thematic Committee is an attached, auxiliary and dependent body of the National Roundtable for Dialogue and Negotiation, created with a parity representation of up to 20 members, to serve as a bridge for all sectors of Colombian society who wish to contribute proposals and ideas regarding the issues on the Shared Agenda for the Transition toward a New Colombia that are submitted for consideration via the public audiences, based on the mutually agreed instructions and guidelines defined by the committee.

The National Thematic Committee will have two coordinators, one appointed by the national government and the other by FARC–EP, who will work in mutual agreement following the guidelines set by the National Roundtable for Dialogue and Negotiation.

The coordinators will periodically inform the roundtable of the results of public participation in public audiences.

They will also produce periodic schedules, a form for submitting information to the National Roundtable for Dialogue and Negotiation and technical sheets for the proposals, and will be supported by a technical secretariat for this purpose.

The coordinators will convene preparatory meetings for the audiences to distribute tasks to the committee members.

The members of the National Thematic Committee will perform the roles assigned by the coordinators at the preparatory meetings for the respective audiences, such as moderators and reporters.

The National Thematic Committee will organise the public audiences, chair the meetings, listen to people, take careful note of suggestions and systematise them, developing the opinions recommended by those present at the audiences for subsequent conveyance to the National Roundtable for Dialogue and Negotiation.

The committee will not be entitled to make commitments or hold meetings other than those requested by the National Roundtable for Dialogue and Negotiation.

Its members must abstain from using the space for the audience process for political or electoral proselytising or pursuing other personal or group objectives.

Statements by the National Thematic Committee, where relevant and necessary, will be made via communications produced in partnership and with the authorisation of the National Roundtable for Dialogue and Negotiation.

The coordinators of the committee will act as spokespeople for this purpose.

The coordinators of the National Thematic Committee will be entitled to adopt measures to ensure its members comply with the regulations established herein.

The National Thematic Committee will be headquartered in the municipality of San Vicente del Caguán.

Temporary venues may be established in any of the other municipalities of the zone.

The National Thematic Committee will be supported by a technical secretariat for handling information.

The secretariat will have a secretary from each of the parties and these will act jointly under the direction of the coordinators.

Preference will be given to local candidates when choosing support staff.

2. METHODOLOGY FOR PUBLIC AUDIENCES

Public audiences are in-person meetings of the National Thematic Committee involving different sectors of society for hearing and gathering suggestions, ideas and proposals from the Colombian people regarding the issues determined by the National Roundtable for Dialogue and Negotiation in order to enrich the discussion of the agenda and ensure the participation of all members of the Colombian public in the process that seeks to bring about reconciliation.

The audiences will not debate the merits of proposals, opinions and suggestions, nor issue qualifications regarding people.

Furthermore, audiences are not for debates and do not aim to achieve consensus among the parties, nor between these and third parties.

The public audiences will be held in a space free from armed confrontation, created for all Colombians to meet, talk and reach agreement on the country we would like to see.

The municipal area of San Vicente del Caguán will be the main venue for audiences, although they may be held in any of the other municipalities in the zone.

The possibility of holding them in other locations or abroad for Colombians residing outside the country will be decided by the National Roundtable for Dialogue and Negotiation.

The National Thematic Committee will be able to use teleconferences as a complementary mechanism, particularly for the promotion of, invitation to and explanation of public audiences to the Colombian people.

The National Roundtable for Dialogue and Negotiation will authorise the use of teleconferences to facilitate participation in the audiences.

Similarly, the national government will provide a national post mechanism, email, telephone and telefax free of charge for those who are unable to attend the audiences to allow them to submit proposals.

Confirmation of receipt of the proposals will be possible.

The large-scale campaign for the promotion and explanation of the audiences must begin as soon as possible, using jointly prepared materials such as educational leaflets, posters, a website, cassettes and videos to be broadcast via mass media, the television station Señal Colombia (on large public screens where possible), and the radio station Radiodifusora Nacional.

Broad calls and invitations to the public will be made in line with the issues agreed by the assembly, using all possible media to allow those who are interested in the problem to be discussed at a given audience to attend.

Under all circumstances the National Thematic Committee will guarantee the invitation and representative, open, democratic, ordered and plural participation of all members of the Colombian public.

For calls and invitations, the National Thematic Committee will determine the organisations available to provide support in the different zones of the country.

The National Thematic Committee will organise a system for the registration and control of those who attend the audiences.

The audiences will be transmitted live or via recordings broadcast by the television channel Señal Colombia and the radio station Radio Nacional.

Large public screens will also be used for this purpose where possible.

The coordinators of the National Thematic Committee will agree the logistic support required for the audiences.

The national government will facilitate the mechanisms and resources required for correct operation.

The forms of the invitations and public audiences may vary in line with the issue being addressed by the national roundtable, or the areas related to an issue the national roundtable agrees to discuss.

A monthly gazette of the audiences will be published solely for the purpose of publishing the official reports of the committee’s activities.

For the National Government:

VÍCTOR G. RICARDO

High Commissioner

CAMILO A. GÓMEZ

Negotiator

FABIO VALENCIA COSSIO

Negotiator

PEDRO GOMEZ BARRERO

Negotiator

JUAN GABRIEL URIBE

Negotiator

GONZALO FORERO DELGADILLO

Negotiator

NESTOR HUMBERTO MARTINEZ

Coordinator of the Thematic Committee

MAURICIO CÁRDENAS

Thematic Comittee

ANDRÉS GONZÁLEZ DÍAZ

Thematic Comittee

ARMANDO POMÁRICO

Thematic Comittee

MIGUEL PINEDO VID AL

Thematic Comittee

JUAN GÓMEZ MARTÍNEZ

Thematic Comittee

JORGE GÓMEZ DUARTE

Thematic Committee

For the FARC-EP

RAÚL REYES

Negotiator

JOAQUIN GOMEZ

Negotiator

FABIÁN RAMÍREZ

Negotiator

IVAN RIOS

Coordinator of the Thematic Committee

MARCO LEÓN CALARCÁ

Thematic Committee

PEDRO ALDANA

Thematic Committee

ALBERTO MARTÍNEZ

Thematic Committee

SIMÓN TRINIDAD

Thematic Committee

FELIPE RINCÓN

Thematic Committee

JAIRO MARTÍNEZ

Thematic Committee