Comunicado Conjunto 5: Entre El Gobierno Nacional Y El de Liberacion Nacional (ELN) JOINT ANNOUNCEMENT BY THE NATIONAL GOVERNMENT AND THE NATIONAL LIBERATION ARMY (ELN)APPLICATION TO THE SECURITY COUNCIL ON THE UNITED NATIONS’ PARTICIPATION IN THE VERIFICATION AND IMPLEMENTATION OF THE BILATERAL, TEMPORARY AND NATIONAL CEASEFIRE (CFBTN) AGREED BETWEEN THE GOVERNMENT OF COLOMBIA AND THE NATIONAL LIBERATION ARMY (ELN)

Export agreement:

Export agreement coding (PDF)

Country/entity: Colombia
Region: Americas
Agreement name: Comunicado Conjunto 5: Entre El Gobierno Nacional Y El de Liberacion Nacional (ELN) JOINT ANNOUNCEMENT BY THE NATIONAL GOVERNMENT AND THE NATIONAL LIBERATION ARMY (ELN)APPLICATION TO THE SECURITY COUNCIL ON THE UNITED NATIONS’ PARTICIPATION IN THE VERIFICATION AND IMPLEMENTATION OF THE BILATERAL, TEMPORARY AND NATIONAL CEASEFIRE (CFBTN) AGREED BETWEEN THE GOVERNMENT OF COLOMBIA AND THE NATIONAL LIBERATION ARMY (ELN)
Date: 24 Sep 2017
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 VI - Government-ELN post-2015 process
Parties: For the Government of Colombia:
Juan Camilo Restrepo - Head of Delegation

For the National Liberation Army (ELN):
Pablo Beltran - Head of Delegation
Third parties: Jean Arnault - Honorary Witness

The United Nations

The Catholic Church
Description: -

Agreement document: CO_170924_comunicado-conjunto-5-solicitud-onu-verificacion-cese-fuego-eln-1_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_170924_Comunicado Conjunto 5_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: No specific mention.
Civil society: Page 1, Preamble
…
This MV&V will have the participation of delegates from the Government - Fuerza Publica, the ELN, the United Nations, and the Catholic Church. Its members will not carry weapons and will enjoy security guarantees in accordance with the provisions of the Security and Protection Protocol.

Page 3, Local Level
The local bodies, formed by the UN with the assistance of the Catholic Church through their diocesan committees, will be in charge of observing, collecting, recording and analysing information in sectors that have been given a communally-agreed greater emphasis, with respect to compliance by the National Government and the ELN of the provisions of the CFBTN Agreement.
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: 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: Security sector→Ceasefire→General commitments
Page 1, Preamble
The Government of Colombia and the National Liberation Army (ELN) reached a Bilateral, Temporary and National Ceasefire Agreement (CFBTN) on September 4, whereby they have together agreed on the protocols that will allow this to be implemented, valid from 1 October 2017 and until 9 January 2018.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Summary: Agreement refers continuously to ELN
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: Page 1, Preamble
In this framework, the Government and the ELN have agreed to establish a Verification and Implementation Mechanism (MV&V), which will be responsible for verifying compliance with the CFBTN Agreement, which will come into force on 1 October 2017 through 9 January 2018. This MV&V will have the participation of delegates from the Government - Fuerza Publica, the ELN, the United Nations, and the Catholic Church. Its members will not carry weapons and will enjoy security guarantees in accordance with the provisions of the Security and Protection Protocol.

Page 1, Preamble
...
It will be the MV&V that will ensure compliance with the CFBTN Agreement, and will coordinate with delegates from the Government and the ELN to prevent incidents and respond promptly and effectively to any eventualities or contingencies that may arise. For the foregoing, permanent communication channels will be established. The Mechanism will collect the relevant information and produce reports on compliance with the provisions of this Agreement.

Page 1, Preamble
...
The MV&V will analyse impartially any threats or violations of the rules and commitments agreed between the National Government and the ELN for the CFBTN. Likewise, it will inform the public opinion and the Public Talks Table on a monthly basis of its results. The functions of the MV&V for the CFBTN Agreement will be fulfilled in three (3) instances: National, Regional and Local.

Page 1, National Level
The international component will coordinate the National Instance and will be in charge of resolving any possible disagreements between the representatives of the National Government and the ELN. The MV&V International Component will be in charge of presenting to the MV&V the result of its monitoring of the CFBTN; submit recommendations; and be a spokesperson regarding compliance with the CFBTN Agreement, in order to guarantee and provide impartiality and transparency within the functions of the MV&V.

Page 2, Regional Level
The regional instances, formed by the UN with the assistance of the Catholic Church, will be in charge of issuing the recommendations that are considered necessary to be implemented by the local authorities.
Also, they will refer to the national instance any information on serious incidents that it must assume instead. If the incident is appropriate for the regional instance’s scope, it will submit its report and respective recommendations.

Page 3, Local Level
The local bodies, formed by the UN with the assistance of the Catholic Church through their diocesan committees, will be in charge of observing, collecting, recording and analysing information in sectors that have been given a communally-agreed greater emphasis, with respect to compliance by the National Government and the ELN of the provisions of the CFBTN Agreement. Also, it will see out the necessary coordination with the National Government - Fuerza Publica and the ELN for the local authority, in the terms of the CFBTN Agreement, in order to avoid incidents. With this goal, the ELN will maintain communication within its levels, through its own channels, to inform and coordinate with the UN delegates all the activities related to the CFBTN to avoid incidents. The National Government- Fuerza Publica will also maintain permanent communication within its units located in their respective jurisdictions, and will be responsible for communicating and coordinating with the UN delegates all activities related to the CFBTN to avoid incidents. Within this framework and with the abovementioned objectives, we have decided to request the UN Security Council to authorize the UN Verification Mission in Colombia to carry out the activities of verifying and monitoring the CFBTN agreement.
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

JOINT ANNOUNCEMENT BY THE NATIONAL GOVERNMENT AND THE NATIONAL LIBERATION ARMY (ELN)

APPLICATION TO THE SECURITY COUNCIL ON THE UNITED NATIONS’ PARTICIPATION IN THE VERIFICATION AND IMPLEMENTATION OF THE BILATERAL, TEMPORARY AND NATIONAL CEASEFIRE (CFBTN) AGREED BETWEEN THE GOVERNMENT OF COLOMBIA AND THE NATIONAL LIBERATION ARMY (ELN)

The Government of Colombia and the National Liberation Army (ELN) reached a Bilateral, Temporary and National Ceasefire Agreement (CFBTN) on September 4, whereby they have together agreed on the protocols that will allow this to be implemented, valid from 1 October 2017 and until 9 January 2018.

In this framework, the Government and the ELN have agreed to establish a Verification and Implementation Mechanism (MV&V), which will be responsible for verifying compliance with the CFBTN Agreement, which will come into force on 1 October 2017 through 9 January 2018.

This MV&V will have the participation of delegates from the Government - Fuerza Publica, the ELN, the United Nations, and the Catholic Church.

Its members will not carry weapons and will enjoy security guarantees in accordance with the provisions of the Security and Protection Protocol.

It will be the MV&V that will ensure compliance with the CFBTN Agreement, and will coordinate with delegates from the Government and the ELN to prevent incidents and respond promptly and effectively to any eventualities or contingencies that may arise.

For the foregoing, permanent communication channels will be established.

The Mechanism will collect the relevant information and produce reports on compliance with the provisions of this Agreement.

The MV&V will analyse impartially any threats or violations of the rules and commitments agreed between the National Government and the ELN for the CFBTN.

Likewise, it will inform the public opinion and the Public Talks Table on a monthly basis of its results.

The functions of the MV&V for the CFBTN Agreement will be fulfilled in three (3) instances:

National, Regional and Local.

National Level

The international component will coordinate the National Instance and will be in charge of resolving any possible disagreements between the representatives of the National Government and the ELN.

The MV&V International Component will be in charge of presenting to the MV&V the result of its monitoring of the CFBTN;

submit recommendations;

and be a spokesperson regarding compliance with the CFBTN Agreement, in order to guarantee and provide impartiality and transparency within the functions of the MV&V.

Regional Level

The regional instances, formed by the UN with the assistance of the Catholic Church, will be in charge of issuing the recommendations that are considered necessary to be implemented by the local authorities.

Also, they will refer to the national instance any information on serious incidents that it must assume instead.

If the incident is appropriate for the regional instance’s scope, it will submit its report and respective recommendations.

Local Level

The local bodies, formed by the UN with the assistance of the Catholic Church through their diocesan committees, will be in charge of observing, collecting, recording and analysing information in sectors that have been given a communally-agreed greater emphasis, with respect to compliance by the National Government and the ELN of the provisions of the CFBTN Agreement.

Also, it will see out the necessary coordination with the National Government - Fuerza Publica and the ELN for the local authority, in the terms of the CFBTN Agreement, in order to avoid incidents.

With this goal, the ELN will maintain communication within its levels, through its own channels, to inform and coordinate with the UN delegates all the activities related to the CFBTN to avoid incidents.

The National Government- Fuerza Publica will also maintain permanent communication within its units located in their respective jurisdictions, and will be responsible for communicating and coordinating with the UN delegates all activities related to the CFBTN to avoid incidents.

Within this framework and with the abovementioned objectives, we have decided to request the UN Security Council to authorize the UN Verification Mission in Colombia to carry out the activities of verifying and monitoring the CFBTN agreement.