Agreement between National Government and ELN to establish peace talks in Colombia

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Country/entity: Colombia
Region: Americas
Agreement name: Agreement between National Government and ELN to establish peace talks in Colombia
Date: 30 Mar 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: Pre-negotiation/process
Conflict nature: Government
Peace process: Colombia V - Santos
Parties: For the Government of the Republic of Colombia:

Frank Pearl - Head of Delegation
MG(r) Eduardo Herrera Berbel
Jaime Avendano
Jose Noe Rios
Paolo A. Celis S.
Juan Esteban Ugarriza

For the National Liberation Army:
Antonio Garcia - Head of Delegation
Pablo Beltran
Omaira Elena Vasquez
Manuel Gustavo Martinez
Jaime Torres
David Canas Cajiao
Third parties: For the Government of Norway:
Dag Nylander
Hilde Salvesen
Torleif Kveim

For the Government of Ecuador:
Juan Meriguet

For the Government of Venezuela:
Carlos Eduardo Martinez
Ramon Rodriguez Chacin
Carola Martinez

For the Government of Chile:
Raul Vergara Meneses

For the Government of Cuba:
Rodolfo Benitez Verson
Abel Garcia Romagosa
Description: -

Agreement document: CO_160330_Agreement between National Government and ELN_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_160330_Agreement between National Government and ELN_ES.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: Governance→Political parties reform→Rebels transitioning to political parties
Page 2, 5. The end of the armed conflict
The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:
a) Definition of the future legal situation of the ELN and its members.
…
c) Conditions and guarantees for the exercise of politics for the ELN.
Civil society: Page 2, I. AGENDA
1. Participation of the Society in the Contraction of Peace
The participation of the society will be:
a) In function of initiatives and proposals, that make peace viable, in the course of this
process and context.

b) About the issues in the agenda.

c) A dynamic and active exercise, inclusive and pluralist, that allows the construction of a common vision for peace that favors transformations for the nation and the regions.

Page 2, 2. Democracy for Peace
Democracy for peace is the purpose of this point of the agreement:
a) Carry out a debate that allows for the examination of the participation and the decisionmaking of the society in the problems that affect their reality, and can channel in constructive elements for the society.
b) Treatment of the conflicts towards the construction of peace.
c) Revision of the regulatory framework and guarantees for public manifestations. Treatment of the legal situation of the accused and convicted for acts in social protest.
d) Participation of the society in the construction of citizenry.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other
Page 3, 3. The functioning of the talks
a) Each Delegation will be made up of at most 30 representatives. In the sessions of the talks up to 10 people from each delegation will participate, 5 principals and 5 substitutes.
Territorial power sharing: Power sharing→Territorial power sharing→Other
Page 2, 2. Democracy for Peace
Democracy for peace is the purpose of this point of the agreement:
c) A dynamic and active exercise, inclusive and pluralist, that allows the construction of a common vision for peace that favors transformations for the nation and the regions.
3. Transformation for Peace
Agreeing to transformations for peace is the purpose of this point, keeping in mind:
…
c) Alternative integral plans with a territorial focus, that constitute economic and productive options that benefit the communities.
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: Rights related issues→Citizenship→Citizenship other
Page 2, 2. Democracy for Peace
Democracy for peace is the purpose of this point of the agreement:
..
d) Participation of the society in the construction of citizenry.
3. Transformation for Peace
Agreeing to transformations for peace is the purpose of this point, keeping in mind:
a) The transforming proposals prepared by the society, supported in the results of the second point of this agenda (“Democracy for peace”).
b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
c) Alternative integral plans with a territorial focus, that constitute economic and productive options that benefit the communities.
Democracy: Page 1, Preamble
…Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated; centering the treatment of the situation of the victims; and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.
Page 2, 2. Democracy for Peace
Democracy for peace is the purpose of this point of the agreement:
a) Carry out a debate that allows for the examination of the participation and the decisionmaking of the society in the problems that affect their reality, and can channel in constructive elements for the society.
b) Treatment of the conflicts towards the construction of peace.
c) Revision of the regulatory framework and guarantees for public manifestations. Treatment of the legal situation of the accused and convicted for acts in social protest.
d) Participation of the society in the construction of citizenry.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, 3. Transformation for Peace
Agreeing to transformations for peace is the purpose of this point, keeping in mind:
…
b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2, 5. The end of the armed conflict
The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:
…
f) Humanitarian dynamics and actions.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 3, 4. Funding
The Colombian government will arrange the resources for the functioning of its delegation. The costs related to the ELN (Delegation, consultants and activities carried out during the process will be financed by a fund of international cooperation resources, that will be established with this intention, and there will be a group of countries formed for support and cooperation for this reason.
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: Page 2, 3. Transformation for Peace
Agreeing to transformations for peace is the purpose of this point, keeping in mind:
…
b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 2, 5. The end of the armed conflict
The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:
g) Bilateral cease fire and end of hostilities for the termination of the armed conflict.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, 5. The end of the armed conflict
The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics. For which the following points will be addressed:
…

e) Elucidate the phenomenon of paramilitarism so that it does not happen again.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, 3. Transformation for Peace
Agreeing to transformations for peace is the purpose of this point, keeping in mind:
…
b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 2, 4. Victims
In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting. The union of these elements lays the foundation for the pardon and projects the process of reconciliation.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 1, Preamble
…Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated; centering the treatment of the situation of the victims; and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.

Page 2, 4. Victims
In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting. The union of these elements lays the foundation for the pardon and projects the process of reconciliation.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 2, 4. Victims
In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting. The union of these elements lays the foundation for the pardon and projects the process of reconciliation.
Reconciliation: Page 1, Preamble
…Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated; centering the treatment of the situation of the victims; and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: Page 3, 6. Implementation
The implementation is focused on the execution of the agreements in the agenda, to materialize the changes that allow for the armed conflict to go towards peace, keeping in mind the following:
d) Agreement about referendum that consolidates the agreed and the projected for the future.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, Preamble
The exploratory talks were carried out between January 2014 and March 2016 in the Republic of Ecuador, the Federative Republic of Brazil and the Bolivarian Republic of Venezuela, whose governments acted as guarantors along with the government of Norway: during this phase the governments of the Republic of Cuba and the Republic of Chile acted as observers.
Page 2, 6. Implementation
The implementation is focused on the execution of the agreements in the agenda, to materialize the changes that allow for the armed conflict to go towards peace, keeping in mind the following:
a) The implementation phase of the agreements will be defined by a General Plan of Execution that fundamentally will be built with the specific plans from each point of the agenda. This plan will be elaborated in this point and will count on a timetable.
b) The General Plan of Execution of agreements will include mechanisms of control, monitoring and verification, that will count on the participation of the society, the international community, the Government and the ELN.
c) The General Plan of Execution of agreements will take into account the following dimensions: legal, political, social, economic and diplomatic.
d) Agreement about referendum that consolidates the agreed and the projected for the future.
e) The signing of the final agreement would be the start of the General Plan of Execution of agreements.
Related cases: No specific mention.
Source: Oficina del Alto Comisionado para la Paz
http://www.altocomisionadoparalapaz.gov.co/dialagos-eln/Paginas/Comunicados-conjuntos/Comunicados-Conjuntos-Dialogos-ELN.aspx

Agreement between the National Government and the National Liberation Army to establish peace talks in Colombia

March 2016

The government of the Republic of Colombia (National Government) and the National Liberation Army (ELN), hereby known as “the delegations,” as a result of the confidential and exploratory talks, and due to their disposition for peace, have called for the installation of a public talks, to address the points that have been established in the agenda, with the goal of reaching a final agreement to end the armed conflict and agree to transformations to create a Colombia in peace and equality.

The exploratory talks were carried out between January 2014 and March 2016 in the Republic of Ecuador, the Federative Republic of Brazil and the Bolivarian Republic of Venezuela, whose governments acted as guarantors along with the government of Norway:

during this phase the governments of the Republic of Cuba and the Republic of Chile acted as observers.

To all of them the National Government and the ELN express deep recognition and gratitude.

The continuation of the accompaniment by the international community is essential.

Recognizing that peace is a supreme good of all democracy, and with the objective to put an end to the armed conflict, the political violence must be eradicated;

centering the treatment of the situation of the victims;

and advancing towards the national reconciliation by having active participation of the society in the construction of a stable and lasting peace.

As the delegations we have agreed to:

1) Install a table of public talks in Ecuador

2) The sessions of the table will be held in Ecuador, Venezuela, Chile, Brazil and Cuba.

These countries along with Norway will be the guarantors.

3) To advance the talks direct and without interruption between the delegations of the Government and the ELN.

4) Execute the agenda with the great speed and rigor.

5) Carry out the following agenda:

I. AGENDA

1. Participation of the Society in the Contraction of Peace The participation of the society will be:

a) In function of initiatives and proposals, that make peace viable, in the course of this process and context.

b) About the issues in the agenda.

c) A dynamic and active exercise, inclusive and pluralist, that allows the construction of a common vision for peace that favors transformations for the nation and the regions.

2. Democracy for Peace Democracy for peace is the purpose of this point of the agreement:

a) Carry out a debate that allows for the examination of the participation and the decision-making of the society in the problems that affect their reality, and can channel in constructive elements for the society.

b) Treatment of the conflicts towards the construction of peace.

c) Revision of the regulatory framework and guarantees for public manifestations.

Treatment of the legal situation of the accused and convicted for acts in social protest.

d) Participation of the society in the construction of citizenry.

3. Transformation for Peace Agreeing to transformations for peace is the purpose of this point, keeping in mind:

a) The transforming proposals prepared by the society, supported in the results of the second point of this agenda (“Democracy for peace”).

b) Transforming programs to overcome poverty, social exclusion, corruption and environmental degradation, in the search for equality.

c) Alternative integral plans with a territorial focus, that constitute economic and productive options that benefit the communities.

4. Victims In the construction of a stable and lasting peace, the recognition of the victims and their rights is essential, in this way the treatment and the resolution to the situation must be based in truth, justice, reparation, and the promises of no repetition and never forgetting.

The union of these elements lays the foundation for the pardon and projects the process of reconciliation.

5. The end of the armed conflict The objective of this point is to bring an end to the armed conflict in order to eradicate the political violence and promote the shift of ELN to legal politics.

For which the following points will be addressed:

a) Definition of the future legal situation of the ELN and its members.

b) Conditions and guarantees for the security for the ELN.

c) Conditions and guarantees for the exercise of politics for the ELN.

d) Deal with the deprivation of liberty of the members of the ELN who have been processed or convicted.

e) Elucidate the phenomenon of paramilitarism so that it does not happen again.

f) Humanitarian dynamics and actions.

g) Bilateral cease fire and end of hostilities for the termination of the armed conflict.

h) In the setting of the new circumstances generated by this process, an agreement about the arms of the ELN will be created to put an end to the armed conflict.

The government will make the institutional and procedural changes necessary to make sure the agreements in this point can be met.

6. Implementation The implementation is focused on the execution of the agreements in the agenda, to materialize the changes that allow for the armed conflict to go towards peace, keeping in mind the following:

a) The implementation phase of the agreements will be defined by a General Plan of Execution that fundamentally will be built with the specific plans from each point of the agenda.

This plan will be elaborated in this point and will count on a timetable.

b) The General Plan of Execution of agreements will include mechanisms of control, monitoring and verification, that will count on the participation of the society, the international community, the Government and the ELN.

c) The General Plan of Execution of agreements will take into account the following dimensions:

legal, political, social, economic and diplomatic.

d) Agreement about referendum that consolidates the agreed and the projected for the future.

e) The signing of the final agreement would be the start of the General Plan of Execution of agreements.

II. Public phase

1. Objective information for the country about the course of the debate and the advances in the talks:

a) The society requires objective and balanced information about the talks and the peace process, in order to promote the effect, amongst others, of participatory communication.

b) Joint declarations at the end of every cycle and when the delegations consider it best.

c) Declarations from every Delegation when they consider it best, preserving confidentiality in issues that they agree to.

d) The talks will have its own instruments of communication, such as the joint communiqués, bulletins, website and the rest which will be agreed upon during the public phase.

2. The pedagogy for peace will be supported by:

a) Participation of the society.

b) Advocacy from the talks in the transformation of the armed conflict.

c) Creation of a favorable environment for peace.

d) Communicate this pedagogy as an element in the construction of a culture of peace.

e) The peace talks will take place in a respectful environment.

3. The functioning of the talks

a) Each Delegation will be made up of at most 30 representatives.

In the sessions of the talks up to 10 people from each delegation will participate, 5 principals and 5 substitutes.

b) The talks in the public phase will be carried out in agreement with the order of the established agenda.

Any changes will be done through mutual agreement.

c) As soon as the process is made public, mechanisms will be established with the talks in Havana to identify issues that require coordination and synchrony.

d) The delegations will agree to regulations of functioning of the talks for the public phase.

e) In each work session the length of time for the next session will be established.

The duration of the meetings, the breaks between each one and the consultations will be defined in agreement with the advance and needs of the joint work or by delegation.

The time of joint work will be prioritized in order to carry out the agenda.

f) Every delegation will have the consultants that they consider necessary for the development of the process, likewise for the public talks.

g) For the treatment of the proposals received about the points of the agenda, there will be special importance given to those that come from the society.

The delegations will define the methodology of the work and the forms in which these initiatives will be considered, such as the mechanisms and forms of participation of the society.

h) Security mechanisms for the members of the delegations during their time in the work sessions and in the trips will be decided on.

4. Funding The Colombian government will arrange the resources for the functioning of its delegation.

The costs related to the ELN (Delegation, consultants and activities carried out during the process) will be financed by a fund of international cooperation resources, that will be established with this intention, and there will be a group of countries formed for support and cooperation for this reason.

Delegación del ELN para los Diálogos

prensa@eln-paz.org

www.eln-paz.org

@eln_paz