Joint Communique: Final Agreement, Plebiscite and Ceasefire

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Country/entity: Colombia
Region: Americas
Agreement name: Joint Communique: Final Agreement, Plebiscite and Ceasefire
Date: 7 Oct 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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Colombia V - Santos
Parties: The National Government of Colombia
The Revolutionary Armed Forces of Colombia - People's Army (FARC-EP)
Third parties: Jean Arnault - Head of the UN Special Mission in Colombia

International Committee of the Red Cross
Government of Chile
Government of Venezuela
Government of Cuba
Government of Norway
Description: -

Agreement document: CO_161007_Joint_communique_Final_agreement_plebiscite_and_ceasefire.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 2,

…

4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
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,

…

2. We reiterate the commitment undertaken by the President of the Republic and the Commander of the FARC – EP to maintain the Final and Bilateral Ceasefire and End of the Hostilities decreed this past

August 29, and the monitoring and verification in charge of the tripartite mechanism. As well as the guarantees for the security and protection of the communities in their territories, as determined by the parties in the Protocol.

Page 2.

…

5. The delegations thank the International Committee of the Red Cross for its ongoing support, Chile and Venezuela for their accompaniment, and most of all Cuba and Norway for their intense and devoted task in support of the construction of the peace agreements for Colombia, their constant contribution toward the search for solutions during difficult moments, and their willingness to continue supporting the peace process.
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: Page 1,

The delegations of the National Government and the FARC – EP, after meeting in Havana with the guarantor countries and with the Head of the UN Special Mission in Colombia, Jean Arnault, wish to inform the public opinion that:

…

We recognize, however, that a majority those who took part in the Plebiscite held this past October 2 voted in favor of NO, even if the difference was very narrow. Within the framework of the presidential authorities granted by the Political Constitution, it is convenient for us to continue listening to the different sectors of society, in a swift and effective process, in order to understand their concerns and promptly determine a solution through the paths stated in the ruling of the Constitutional Court, C-379 of 2016. The proposals for adjustments and clarifications resulting from this process will be discussed between the National Government and the FARC – EP in order to provide guarantees for all.
Prisons and detention: Page 2,

…

4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2,

…

4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
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: Page 2,

…

4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1,

…

2. We reiterate the commitment undertaken by the President of the Republic and the Commander of the FARC – EP to maintain the Final and Bilateral Ceasefire and End of the Hostilities decreed this past August 29, and the monitoring and verification in charge of the tripartite mechanism. As well as the guarantees for the security and protection of the communities in their territories, as determined by the parties in the Protocol.

In order to strengthen this Ceasefire, we have agreed on a protocol, aimed at preventing any incident in the pre-grouping zones in the established quadrants and to ensure a climate of security and tranquility with the full application of all the rules that govern the Final and Bilateral Ceasefire and End of the Hostilities.

The Tripartite Monitoring and Verification Mechanism, with the participation of the Government and the FARC – EP and the coordination of United Nations’ mission will be in charge of monitoring and verifying compliance with the protocol, in particular compliance with the rules that govern the Ceasefire.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2,

…

4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
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: Page 2,

…

4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining

pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
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: Page 1,

The delegations of the National Government and the FARC – EP, after meeting in Havana with the guarantor countries and with the Head of the UN Special Mission in Colombia, Jean Arnault, wish to inform the public opinion that:

…

We recognize, however, that a majority those who took part in the Plebiscite held this past October 2 voted in favor of NO, even if the difference was very narrow. Within the framework of the presidential authorities granted by the Political Constitution, it is convenient for us to continue listening to the different sectors of society, in a swift and effective process, in order to understand their concerns and

promptly determine a solution through the paths stated in the ruling of the Constitutional Court, C-379 of 2016. The proposals for adjustments and clarifications resulting from this process will be discussed between the National Government and the FARC – EP in order to provide guarantees for all.
International mission/force/similar: Page 2,

…

3. For that purpose, we ask the Secretary General of the United Nations, and through him, the Security Council, to authorize the United Nations’ Mission in Colombia to exercise the duties of monitoring, verification, conflict resolution, recommendations, reports and coordination of the Monitoring and Verification Mechanism set forth in Resolution 2261 (2016) in reference to the aforementioned

Protocol.
Enforcement mechanism: Page 1,

…

2. We reiterate the commitment undertaken by the President of the Republic and the Commander of the FARC – EP to maintain the Final and Bilateral Ceasefire and End of the Hostilities decreed this past August 29, and the monitoring and verification in charge of the tripartite mechanism. As well as the guarantees for the security and protection of the communities in their territories, as determined by the parties in the Protocol.

…

The Tripartite Monitoring and Verification Mechanism, with the participation of the Government and the FARC – EP and the coordination of United Nations’ mission will be in charge of monitoring and verifying compliance with the protocol, in particular compliance with the rules that govern the Ceasefire.

Page 2,

Likewise, we invite the countries that contribute to the Mission with unarmed observers to continue deploying their men and women, who will continue to have all the necessary security guarantees.
Related cases: No specific mention.
Source: Available at: https://unmc.unmissions.org/en/joint-communique-delegations-national-government-and-farc-ep

Joint Communiqué |

Final Agreement, plebiscite and ceasefire

Havana, Cuba, October 7, 2016

The delegations of the National Government and the FARC – EP, after meeting in

Havana with the guarantor countries and with the Head of the UN Special Mission in

Colombia, Jean Arnault, wish to inform the public opinion that:

1. Following nearly 4 years of intense conversations, last August 24 we

concluded the Final Agreement for the End of the Armed Conflict and the

Construction of a Stable and Long-lasting Peace, to which we are committed.

believe that it contains the reforms and measures needed to lay the foundations for

peace and to guarantee the end of the armed conflict.

We recognize, however, that a majority those who took part in the Plebiscite held

this past October 2 voted in favor of NO, even if the difference was very narrow.

Within the framework of the presidential authorities granted by the Political

Constitution, it is convenient for us to continue listening to the different sectors of

society, in a swift and effective process, in order to understand their concerns and

promptly determine a solution through the paths stated in the ruling of the

Constitutional Court, C-379 of 2016.

The proposals for adjustments and clarifications

resulting from this process will be discussed between the National Government and

the FARC – EP in order to provide guarantees for all.

2. We reiterate the commitment undertaken by the President of the Republic and

the Commander of the FARC – EP to maintain the Final and Bilateral Ceasefire and

End of the Hostilities decreed this past August 29, and the monitoring and verification

in charge of the tripartite mechanism.

As well as the guarantees for the security and

protection of the communities in their territories, as determined by the parties in the

Protocol.

In order to strengthen this Ceasefire, we have agreed on a protocol, aimed at

preventing any incident in the pre-grouping zones in the established quadrants and

to ensure a climate of security and tranquility with the full application of all the rules

that govern the Final and Bilateral Ceasefire and End of the Hostilities.

The Tripartite Monitoring and Verification Mechanism, with the participation of the

Government and the FARC – EP and the coordination of United Nations’ mission will

be in charge of monitoring and verifying compliance with the protocol, in particular

compliance with the rules that govern the Ceasefire.

3. For that purpose, we ask the Secretary General of the United Nations, and

through him, the Security Council, to authorize the United Nations’ Mission in

Colombia to exercise the duties of monitoring, verification, conflict resolution,

recommendations, reports and coordination of the Monitoring and Verification

Mechanism set forth in Resolution 2261 (2016) in reference to the aforementioned

Protocol.

Likewise, we invite the countries that contribute to the Mission with unarmed

observers to continue deploying their men and women, who will continue to have all

the necessary security guarantees.

4. In parallel, we will keep on moving forward in starting the operation of trustbuilding

measures of a humanitarian nature, such as the search for people deemed

as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit

crops, the commitments regarding the release of minors from the camps and

regarding the situation of individuals deprived of their freedom.

5. The delegations thank the International Committee of the Red Cross for its

ongoing support, Chile and Venezuela for their accompaniment, and most of all

Cuba and Norway for their intense and devoted task in support of the construction

of the peace agreements for Colombia, their constant contribution toward the search

for solutions during difficult moments, and their willingness to continue supporting

the peace process.