Protocolo del Mandato del Mecanismo de Monitoreo y Verificacion (MMv) Para el Cese al Fuego Bilateral, Nacional y Temporal (CFBNT), Entre El Gobierno Nacional Y El Ejercito De Liberacion Nacional-ELN

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Country/entity: Colombia
Region: Americas
Agreement name: Protocolo del Mandato del Mecanismo de Monitoreo y Verificacion (MMv) Para el Cese al Fuego Bilateral, Nacional y Temporal (CFBNT), Entre El Gobierno Nacional Y El Ejercito De Liberacion Nacional-ELN
Date: 9 Jun 2023
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: Ceasefire/related
Conflict nature: Government
Peace process: Colombia VI - Government-ELN post-2015 process
Parties: Delegation of the Government of the Republic of Colombia:

José Otty Patiño Hormaza, Head of delegation
Iván Danilo Rueda Rodríguez, High Commissioner for Peace
Orlando Romero Reyes
Rosmery Quintero Castro
Horacio Guerrero García
Adelaida Jiménez Cortés
Carlos Alfonso Rosero
Olga Lilia Silva López
Iván Cepeda Castro
José Félix Lafaurie Rivera
Dayana Paola Urzola Domicó
Rodrigo Botero García
Nigeria Rentería Lozano
Álvaro Matallana Eslava
María José Pizarro Rodríguez.

Delegation of the Ejército de Liberación Nacional – ELN:

Pablo Beltrán, Head of delegation
Aureliano Carbonell
Bernardo Téllez
Isabel Torres
Manuel Gustavo Martínez
María Consuelo Tapias
Tomás García Laviana
Simón Pabón
Mauricio Iguarán.
Third parties: As observer of the armed forces:

Maj. Gen. Hugo Alejandro López Barreto.
As witnesses and depositaries (Guarantor countries):

Glivânia Maria de Oliveira, Federative Republic of Brazil
Eugenio Martínez Enríquez, Republic of Cuba
Jon Otto Brødholt, Kingdom of Norway
Raúl Vergara Meneses, Republic of Chile
Claudia Helietta González Hernández, United Mexican States
Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela.
Permanent accompanying partners:

Carlos G. Ruiz Massieu, Special Representative of the United Nations Secretary-General
Msgr. Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia.
Description: This agreement establishes the structure and responsibilities of the Monitoring and Verification Mechanism for overseeing the temporary ceasefire agreed on 8 June 2023. It details the composition and roles of the national, regional, and local bodies of the mechanism, which include members from the United Nations Verification Mission in Colombia, the Government of Colombia, ELN, and the Episcopal Conference of Colombia. These bodies are tasked with ensuring compliance with the ceasefire, preventing and resolving incidents, and supporting the peace process. The peace talks panel is designated as the highest decision-making authority on matters related to the ceasefire, based on reports and recommendations from the monitoring mechanism. This protocol is part of a broader effort to de-escalate conflict and advance peace negotiations in Colombia.

Agreement document: CO_230609_Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary bilateral national ceasefire between the Government of Colombia and the Ejército de Liberación Nacional.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_230609_Protocolo del Mandato del Mecanismo de Monitoreo y Verificacion (MMv) Para el Cese al Fuego Bilateral, Nacional y Temporal (CFBNT), Entre El Gobierno Nacional Y El Ejercito De Liberacion Nacional-ELN.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: No specific mention.
Traditional/religious leaders: 1. Components of the national body
...
Two members from the Episcopal Conference of Colombia
...
3. Regional body
3.1 Composition
...
One member from the Episcopal Conference of Colombia
...
4. Local body
4.1. Composition
...
One member from the Episcopal Conference of Colombia
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: Human rights and equality→Civil and political rights→Liberty and security of person
2. Role of the national body
...
k. In the event that members of ELN, members of the armed forces, the police or law enforcement agencies, or civilians are deprived of liberty during the temporary bilateral national ceasefire, any component of the Monitoring and Verification Mechanism shall promptly report the event to the national body, which shall take the appropriate steps to assess and monitor the situation and make the relevant recommendations in accordance with the agreed protocols.
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: Rights related issues→Media and communication→Media roles
2. Role of the national body
...
h. Present periodic evaluations on the implementation of its mandate to the parties and the public.
...
At the same time, each component shall communicate with the regional and local bodies through their respective communication channels.
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→Ceasefire provision
Pursuant to the agreement on a temporary bilateral national ceasefire signed between the Government of Colombia and the Ejército de Liberación Nacional – ELN (National Liberation Army) on 8 June 2023, the present protocol establishes the mandate of the Monitoring and Verification Mechanism of the temporary bilateral national ceasefire.
1. Components of the national body
At least four members from the United Nations Verification Mission in Colombia
...
At least three members from ELN
...
2. Role of the national body
a. Ensure the deployment of the members of the Monitoring and Verification Mechanism.
b. Direct the Monitoring and Verification Mechanism and oversee the activities of its regional and local bodies.
c. Provide technical findings on events that constitute possible incidents under the protocol on specific actions during the temporary bilateral national ceasefire and that, due to their importance, must be addressed by this body.
d. Support activities related to compliance with the protocols within the framework of its monitoring and verification work.
e. Perform monitoring and verification tasks to help identify possible incidents.
f. Make recommendations to the peace talks panel to ensure compliance with the temporary bilateral national ceasefire.
g. Go into the field to support monitoring and verification activities in cases that require its presence due to their complexity.
h. Present periodic evaluations on the implementation of its mandate to the parties and the public.
i. Ensure that the information received from its regional and local bodies is protected and archived.
j. Maintain constant communication and coordination between its components.
At the same time, each component shall communicate with the regional and local bodies through their respective communication channels.
k. In the event that members of ELN, members of the armed forces, the police or law enforcement agencies, or civilians are deprived of liberty during the temporary bilateral national ceasefire, any component of the Monitoring and Verification Mechanism shall promptly report the event to the national body, which shall take the appropriate steps to assess and monitor the situation and make the relevant recommendations in accordance with the agreed protocols.
3. Regional body
3.1 Composition
At least three members from the United Nations Verification Mission in Colombia
At least two members from the Government of Colombia
A communications liaison between ELN fronts and the United Nations Verification Mission
One member from the Episcopal Conference of Colombia
3.2. Role
a. Report to the national body on events and incidents of which it should be aware.
If the incident falls within its competence, present its findings and recommendations.
b. Coordinate with the national and local bodies to compile, verify, evaluate and prepare technical reports on incidents that constitute alleged violations of the temporary bilateral national ceasefire and on compliance with the recommendations made to the parties.
c. Guide the field work of the local bodies and provide support when the complexity of the incident warrants it.
4. Local body
4.1. Composition
At least three members from the United Nations Verification Mission in Colombia
At least one member from the Government of Colombia
A communications liaison between ELN fronts and the United Nations Verification Mission
One member from the Episcopal Conference of Colombia
4.2. Role
a. The international component shall observe, collect, record and analyse field information relevant to its mandate regarding compliance with the provisions of the temporary bilateral national ceasefire by the Government of Colombia and ELN.
b. Under the terms of the temporary bilateral national ceasefire, the international component shall coordinate as necessary with the members of the local body appointed by the Government of Colombia – public security force and ELN to avoid incidents.
ELN shall use its own channels to maintain communication with its units to inform and coordinate, together with the representatives of the United Nations Verification Mission in Colombia, all activities related to the temporary bilateral national ceasefire to avoid incidents.
The member of the local body appointed by the Government of Colombia – public security force shall maintain constant communication with the units of the public security force and other institutions in their respective jurisdictions and, through the established channels, shall be responsible for communicating and coordinating with the representatives of the United Nations Verification Mission in Colombia all activities related to the temporary bilateral national ceasefire to avoid incidents.
c. Alert the regional body to the possible occurrence of incidents that may be a violation of the temporary bilateral national ceasefire.
d. Receive information from the social monitoring body.
5. Peace talks panel
The peace talks panel shall be the highest decision-making body regarding the ceasefire based on the reports and recommendations of the United Nations Verification Mission in Colombia.
The panel shall receive and evaluate the reports and recommendations of the Monitoring and Verification Mechanism, resolve crises, and extend and adjust the agreement and protocols on the temporary bilateral national ceasefire.
No incident in and of itself shall be cause for the unilateral termination of the ceasefire agreement.
Police: 2. Role of the national body
...
k. In the event that members of ELN, members of the armed forces, the police or law enforcement agencies, or civilians are deprived of liberty during the temporary bilateral national ceasefire, any component of the Monitoring and Verification Mechanism shall promptly report the event to the national body, which shall take the appropriate steps to assess and monitor the situation and make the relevant recommendations in accordance with the agreed protocols.
...
4. Local body
...
4.2. Role
...
b. Under the terms of the temporary bilateral national ceasefire, the international component shall coordinate as necessary with the members of the local body appointed by the Government of Colombia – public security force and ELN to avoid incidents.
...
The member of the local body appointed by the Government of Colombia – public security force shall maintain constant communication with the units of the public security force and other institutions in their respective jurisdictions and, through the established channels, shall be responsible for communicating and coordinating with the representatives of the United Nations Verification Mission in Colombia all activities related to the temporary bilateral national ceasefire to avoid incidents.
Armed forces: 2. Role of the national body
...
k. In the event that members of ELN, members of the armed forces, the police or law enforcement agencies, or civilians are deprived of liberty during the temporary bilateral national ceasefire, any component of the Monitoring and Verification Mechanism shall promptly report the event to the national body, which shall take the appropriate steps to assess and monitor the situation and make the relevant recommendations in accordance with the agreed protocols.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: 1. Components of the national body
...
At least three members from ELN
...
2. Role of the national body
...
k. In the event that members of ELN, members of the armed forces, the police or law enforcement agencies, or civilians are deprived of liberty during the temporary bilateral national ceasefire, any component of the Monitoring and Verification Mechanism shall promptly report the event to the national body, which shall take the appropriate steps to assess and monitor the situation and make the relevant recommendations in accordance with the agreed protocols.
...
4. Local body
4.1. Composition
...
A communications liaison between ELN fronts and the United Nations Verification Mission
...
4.2. Role
a. The international component shall observe, collect, record and analyse field information relevant to its mandate regarding compliance with the provisions of the temporary bilateral national ceasefire by the Government of Colombia and ELN.
b. Under the terms of the temporary bilateral national ceasefire, the international component shall coordinate as necessary with the members of the local body appointed by the Government of Colombia – public security force and ELN to avoid incidents.
ELN shall use its own channels to maintain communication with its units to inform and coordinate, together with the representatives of the United Nations Verification Mission in Colombia, all activities related to the temporary bilateral national ceasefire to avoid incidents.
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: 4.2. Role
...
5. Peace talks panel
...
Carlos G. Ruiz Massieu, Special Representative of the United Nations Secretary-General
Other international signatory: 4.2. Role
...
5. Peace talks panel
...
As witnesses and depositaries (Guarantor countries):
Glivânia Maria de Oliveira, Federative Republic of Brazil
Eugenio Martínez Enríquez, Republic of Cuba
Jon Otto Brødholt, Kingdom of Norway
Raúl Vergara Meneses, Republic of Chile
Claudia Helietta González Hernández, United Mexican States
Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela.
Referendum for agreement: No specific mention.
International mission/force/similar: 1. Components of the national body
At least four members from the United Nations Verification Mission in Colombia
...
2. Role of the national body
a. Ensure the deployment of the members of the Monitoring and Verification Mechanism.
...
e. Perform monitoring and verification tasks to help identify possible incidents.
...
3. Regional body
3.1 Composition
At least three members from the United Nations Verification Mission in Colombia
...
4. Local body
4.1. Composition
At least three members from the United Nations Verification Mission in Colombia
...
4.2. Role
a. The international component shall observe, collect, record and analyse field information relevant to its mandate regarding compliance with the provisions of the temporary bilateral national ceasefire by the Government of Colombia and ELN.
b. Under the terms of the temporary bilateral national ceasefire, the international component shall coordinate as necessary with the members of the local body appointed by the Government of Colombia – public security force and ELN to avoid incidents.
ELN shall use its own channels to maintain communication with its units to inform and coordinate, together with the representatives of the United Nations Verification Mission in Colombia, all activities related to the temporary bilateral national ceasefire to avoid incidents.
Enforcement mechanism: Pursuant to the agreement on a temporary bilateral national ceasefire signed between the Government of Colombia and the Ejército de Liberación Nacional – ELN (National Liberation Army) on 8 June 2023, the present protocol establishes the mandate of the Monitoring and Verification Mechanism of the temporary bilateral national ceasefire.
1. Components of the national body
At least four members from the United Nations Verification Mission in Colombia
...
2. Role of the national body
a. Ensure the deployment of the members of the Monitoring and Verification Mechanism.
b. Direct the Monitoring and Verification Mechanism and oversee the activities of its regional and local bodies.
...
d. Support activities related to compliance with the protocols within the framework of its monitoring and verification work.
e. Perform monitoring and verification tasks to help identify possible incidents.
...
g. Go into the field to support monitoring and verification activities in cases that require its presence due to their complexity.
...
k. In the event that members of ELN, members of the armed forces, the police or law enforcement agencies, or civilians are deprived of liberty during the temporary bilateral national ceasefire, any component of the Monitoring and Verification Mechanism shall promptly report the event to the national body, which shall take the appropriate steps to assess and monitor the situation and make the relevant recommendations in accordance with the agreed protocols.
3. Regional body
3.1 Composition
At least three members from the United Nations Verification Mission in Colombia
...
4. Local body
4.1. Composition
At least three members from the United Nations Verification Mission in Colombia
...
4.2. Role
...
ELN shall use its own channels to maintain communication with its units to inform and coordinate, together with the representatives of the United Nations Verification Mission in Colombia, all activities related to the temporary bilateral national ceasefire to avoid incidents.
...
d. Receive information from the social monitoring body.
Related cases: No specific mention.
Source: No specific mention.

Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary bilateral national ceasefire between the Government of Colombia and the Ejército de Liberación Nacional (National Liberation Army)

Pursuant to the agreement on a temporary bilateral national ceasefire signed between the Government of Colombia and the Ejército de Liberación Nacional – ELN (National Liberation Army) on 8 June 2023, the present protocol establishes the mandate of the Monitoring and Verification Mechanism of the temporary bilateral national ceasefire.

1. Components of the national body

At least four members from the United Nations Verification Mission in Colombia

At least three members from the Government of Colombia

At least three members from ELN

Two members from the Episcopal Conference of Colombia

2. Role of the national body

a. Ensure the deployment of the members of the Monitoring and Verification Mechanism.

b. Direct the Monitoring and Verification Mechanism and oversee the activities of its regional and local bodies.

c. Provide technical findings on events that constitute possible incidents under the protocol on specific actions during the temporary bilateral national ceasefire and that, due to their importance, must be addressed by this body.

d. Support activities related to compliance with the protocols within the framework of its monitoring and verification work.

e. Perform monitoring and verification tasks to help identify possible incidents.

f. Make recommendations to the peace talks panel to ensure compliance with the temporary bilateral national ceasefire.

g. Go into the field to support monitoring and verification activities in cases that require its presence due to their complexity.

h. Present periodic evaluations on the implementation of its mandate to the parties and the public.

i. Ensure that the information received from its regional and local bodies is protected and archived.

j. Maintain constant communication and coordination between its components.

At the same time, each component shall communicate with the regional and local bodies through their respective communication channels.

k. In the event that members of ELN, members of the armed forces, the police or law enforcement agencies, or civilians are deprived of liberty during the temporary bilateral national ceasefire, any component of the Monitoring and Verification Mechanism shall promptly report the event to the national body, which shall take the appropriate steps to assess and monitor the situation and make the relevant recommendations in accordance with the agreed protocols.

3. Regional body

3.1 Composition

At least three members from the United Nations Verification Mission in Colombia

At least two members from the Government of Colombia

A communications liaison between ELN fronts and the United Nations Verification Mission

One member from the Episcopal Conference of Colombia

3.2. Role

a. Report to the national body on events and incidents of which it should be aware.

If the incident falls within its competence, present its findings and recommendations.

b. Coordinate with the national and local bodies to compile, verify, evaluate and prepare technical reports on incidents that constitute alleged violations of the temporary bilateral national ceasefire and on compliance with the recommendations made to the parties.

c. Guide the field work of the local bodies and provide support when the complexity of the incident warrants it.

4. Local body

4.1. Composition

At least three members from the United Nations Verification Mission in Colombia

At least one member from the Government of Colombia

A communications liaison between ELN fronts and the United Nations Verification Mission

One member from the Episcopal Conference of Colombia

4.2. Role

a. The international component shall observe, collect, record and analyse field information relevant to its mandate regarding compliance with the provisions of the temporary bilateral national ceasefire by the Government of Colombia and ELN.

b. Under the terms of the temporary bilateral national ceasefire, the international component shall coordinate as necessary with the members of the local body appointed by the Government of Colombia – public security force and ELN to avoid incidents.

ELN shall use its own channels to maintain communication with its units to inform and coordinate, together with the representatives of the United Nations Verification Mission in Colombia, all activities related to the temporary bilateral national ceasefire to avoid incidents.

The member of the local body appointed by the Government of Colombia – public security force shall maintain constant communication with the units of the public security force and other institutions in their respective jurisdictions and, through the established channels, shall be responsible for communicating and coordinating with the representatives of the United Nations Verification Mission in Colombia all activities related to the temporary bilateral national ceasefire to avoid incidents.

c. Alert the regional body to the possible occurrence of incidents that may be a violation of the temporary bilateral national ceasefire.

d. Receive information from the social monitoring body.

5. Peace talks panel

The peace talks panel shall be the highest decision-making body regarding the ceasefire based on the reports and recommendations of the United Nations Verification Mission in Colombia.

The panel shall receive and evaluate the reports and recommendations of the Monitoring and Verification Mechanism, resolve crises, and extend and adjust the agreement and protocols on the temporary bilateral national ceasefire.

No incident in and of itself shall be cause for the unilateral termination of the ceasefire agreement.

Havana, Republic of Cuba, 9 June 2023

Delegation of the Government of the Republic of Colombia:

José Otty Patiño Hormaza, Head of delegation

Iván Danilo Rueda Rodríguez, High Commissioner for Peace

Orlando Romero Reyes

Rosmery Quintero Castro

Horacio Guerrero García

Adelaida Jiménez Cortés

Carlos Alfonso Rosero

Olga Lilia Silva López

Iván Cepeda Castro

José Félix Lafaurie Rivera

Dayana Paola Urzola Domicó

Rodrigo Botero García

Nigeria Rentería Lozano

Álvaro Matallana Eslava

María José Pizarro Rodríguez.

Delegation of the Ejército de Liberación Nacional – ELN:

Pablo Beltrán, Head of delegation

Aureliano Carbonell

Bernardo Téllez

Isabel Torres

Manuel Gustavo Martínez

María Consuelo Tapias

Tomás García Laviana

Simón Pabón

Mauricio Iguarán.

As observer of the armed forces:

Maj. Gen. Hugo Alejandro López Barreto.

As witnesses and depositaries (Guarantor countries):

Glivânia Maria de Oliveira, Federative Republic of Brazil

Eugenio Martínez Enríquez, Republic of Cuba

Jon Otto Brødholt, Kingdom of Norway

Raúl Vergara Meneses, Republic of Chile

Claudia Helietta González Hernández, United Mexican States

Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela.

Permanent accompanying partners:

Carlos G. Ruiz Massieu, Special Representative of the United Nations Secretary-General

Msgr.

Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia.