Protocolo de Acciones Específicas para el Cese al Fuego Bilateral, Temporal y Nacional entre el Gobierno Nacional y el Ejercito de Liberacion Nacional - ELN

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Country/entity: Colombia
Region: Americas
Agreement name: Protocolo de Acciones Específicas para el Cese al Fuego Bilateral, Temporal y Nacional 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: Short protocol agreement connected to the bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN). The agreement substantively sets out the conditions to be followed by the parties in adherence with the ceasefire, namely the actions of the Monitoring and Verification Mechanism (MVM). Beyond general discouragement of violence or hostile language between parties, the agreement provides for the mobility and access of the MVM around the country, generally calling for humanitarian structures to be uninhibited and for clear communication of the ceasefire and humanitarian agreements to people and between the parties.

Agreement document: CO_230609_Protocol on specific actions for the temporary bilateral national ceasefire between the Government of Colombia and the Ejército de Liberación Nacional (National Liberation Army).pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_230609_Protocolo de Acciones Específicas para el Cese al Fuego Bilateral, Temporal y Nacional entre el Gobierno Nacional y el Ejercito de Liberacion Nacional - ELN.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.
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: These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.
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: Therefore, the Government of Colombia and ELN make the following commitments:
...
6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members.
...
10. Not to impede or hinder the implementation of partial humanitarian agreements.
11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel.
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: These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.
Bill of rights/similar: No specific mention.
Treaty incorporation: Therefore, the Government of Colombia and ELN make the following commitments:
1. To refrain from carrying out actions prohibited by international humanitarian law, particularly those contained in Additional Protocol II of 1977 to the Geneva Conventions.
Civil and political rights: Human rights and equality→Civil and political rights→Liberty and security of person
Therefore, the Government of Colombia and ELN make the following commitments:
...
12. Not to omit information to the Monitoring and Verification Mechanism when persons that concern one of the parties are deprived of liberty during the ceasefire.
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
Therefore, the Government of Colombia and ELN make the following commitments:
...
7. The parties shall not use disrespectful or stigmatizing language or create fake news that affects the good name and reputation of any of the parties.
Rights related issues→Media and communication→Other
Therefore, the Government of Colombia and ELN make the following commitments:
...
11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel.
Mobility/access: Therefore, the Government of Colombia and ELN make the following commitments:
...
4. Not to obstruct the coordination, supervision and control activities or the movements of the members of the local, regional or national bodies of the Monitoring and Verification Mechanism.
...
6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members.
Protection measures: Rights related issues→Protection measures→Protection of civilians
These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.
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→Humanitarian assistance
These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army).
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: These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army).
Furthermore, pursuant to the ceasefire agreement signed between the Government of Colombia and ELN on 8 June 2023, this protocol establishes the specific actions with which the parties must comply.
This protocol sets out the actions that underlie the activity of the Monitoring and Verification Mechanism, which shall apply to ELN and the Government of Colombia in compliance with the ceasefire agreement.
Therefore, the Government of Colombia and ELN make the following commitments:
1. To refrain from carrying out actions prohibited by international humanitarian law, particularly those contained in Additional Protocol II of 1977 to the Geneva Conventions.
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units.
This shall include intelligence operations between the parties.
3. To avoid and evade and not to engage in armed contact with any unit of the parties under any circumstances.
Any armed contact or defensive action that occurs shall be stopped immediately.
4. Not to obstruct the coordination, supervision and control activities or the movements of the members of the local, regional or national bodies of the Monitoring and Verification Mechanism.
5. Not to omit information that must be transmitted through the established communication channels to avoid incidents and guarantee the technical efficiency required by the Monitoring and Verification Mechanism at the national, regional or local levels.
6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members.
7. The parties shall not use disrespectful or stigmatizing language or create fake news that affects the good name and reputation of any of the parties.
8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way.
9. Not to plan or execute, or facilitate the execution of, any operation involving perfidy.
10. Not to impede or hinder the implementation of partial humanitarian agreements.
11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel.
12. Not to omit information to the Monitoring and Verification Mechanism when persons that concern one of the parties are deprived of liberty during the ceasefire.
The mandate of the Monitoring and Verification Mechanism shall focus on compliance with this protocol of specific actions.
The peace talks panel shall continue analysing matters not included herein to reach consensus regarding their inclusion in the mandate of the Monitoring and Verification Mechanism.
Police: Therefore, the Government of Colombia and ELN make the following commitments:
...
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units.
This shall include intelligence operations between the parties.
Armed forces: Therefore, the Government of Colombia and ELN make the following commitments:
...
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units.
This shall include intelligence operations between the parties.
DDR: Security sector→DDR→Demilitarisation provisions
Therefore, the Government of Colombia and ELN make the following commitments:
...
8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Therefore, the Government of Colombia and ELN make the following commitments:
...
2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units.
This shall include intelligence operations between the parties.
...
8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way.
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: Therefore, the Government of Colombia and ELN make the following commitments:
...
Carlos G. Ruiz Massieu, Special Representative of the United Nations Secretary-General
Other international signatory: Therefore, the Government of Colombia and ELN make the following commitments:
...
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: No specific mention.
Enforcement mechanism: These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army).
Furthermore, pursuant to the ceasefire agreement signed between the Government of Colombia and ELN on 8 June 2023, this protocol establishes the specific actions with which the parties must comply.
This protocol sets out the actions that underlie the activity of the Monitoring and Verification Mechanism, which shall apply to ELN and the Government of Colombia in compliance with the ceasefire agreement.
Therefore, the Government of Colombia and ELN make the following commitments:
...
The mandate of the Monitoring and Verification Mechanism shall focus on compliance with this protocol of specific actions.
Related cases: No specific mention.
Source: No specific mention.

Protocol on specific actions for the temporary bilateral national ceasefire between the Government of Colombia and the Ejército de Liberación Nacional (National Liberation Army)

These specific actions are framed in terms of international humanitarian law to create the conditions for civilians, especially the most vulnerable communities, including social and environmental leaders, ethnic peoples, women, human rights defenders and children, to exercise their rights and freedoms.

These actions are also intended to avoid incidents that could jeopardize compliance with the ceasefire and the implementation of medical, public health and humanitarian missions and the care of ill and wounded civilians, members of the military and police forces, and members of the Ejército de Liberación Nacional – ELN (National Liberation Army).

Furthermore, pursuant to the ceasefire agreement signed between the Government of Colombia and ELN on 8 June 2023, this protocol establishes the specific actions with which the parties must comply.

This protocol sets out the actions that underlie the activity of the Monitoring and Verification Mechanism, which shall apply to ELN and the Government of Colombia in compliance with the ceasefire agreement.

Therefore, the Government of Colombia and ELN make the following commitments:

1. To refrain from carrying out actions prohibited by international humanitarian law, particularly those contained in Additional Protocol II of 1977 to the Geneva Conventions.

2. To refrain from carrying out offensive actions of any kind between the military forces, police and law enforcement agencies and all ELN units.

This shall include intelligence operations between the parties.

3. To avoid and evade and not to engage in armed contact with any unit of the parties under any circumstances.

Any armed contact or defensive action that occurs shall be stopped immediately.

4. Not to obstruct the coordination, supervision and control activities or the movements of the members of the local, regional or national bodies of the Monitoring and Verification Mechanism.

5. Not to omit information that must be transmitted through the established communication channels to avoid incidents and guarantee the technical efficiency required by the Monitoring and Verification Mechanism at the national, regional or local levels.

6. Not to hinder or stigmatize the work of the components of the humanitarian protection mechanisms established within the framework of the partial agreements, thereby facilitating and guaranteeing the security of their members.

7. The parties shall not use disrespectful or stigmatizing language or create fake news that affects the good name and reputation of any of the parties.

8. Not to carry out individual and/or collective demobilization operations or operations aimed at breaking up units of ELN in any way.

9. Not to plan or execute, or facilitate the execution of, any operation involving perfidy.

10. Not to impede or hinder the implementation of partial humanitarian agreements.

11. Not to hinder the implementation of communications strategies to disseminate and communicate information and educate people about the ceasefire agreement and the humanitarian actions agreed upon by the peace talks panel.

12. Not to omit information to the Monitoring and Verification Mechanism when persons that concern one of the parties are deprived of liberty during the ceasefire.

The mandate of the Monitoring and Verification Mechanism shall focus on compliance with this protocol of specific actions.

The peace talks panel shall continue analysing matters not included herein to reach consensus regarding their inclusion in the mandate of the Monitoring and Verification Mechanism.

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.