Protocolo Complementario Al 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 Complementario Al 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: 13 Jul 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
Iván Cepeda Castro
Orlando Romero Reyes
Horacio Guerrero García
Olga Lilia Silva López
Rosmery Quintero Castro
Carlos Alfonso Rosero
Adelaida Jiménez Cortés
Rodrigo Botero García
Dayana Paola Urzola Domicó
José Félix Lafaurie Rivera
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
Manuel Gustavo Martínez
María Consuelo Tapias
Isabel Torres
Simón Pabón
Mauricio Iguarán
Third parties: - As observers for the Armed Forces:
Brig. Gen. William Oswaldo Rincón Zambrano
Maj. Gen. Hugo Alejandro López Barreto

- As witnesses and depositaries:
* Guarantor countries
Laura Berdine Santos Delamonica, Federative Republic of Brazil
Patricia Esquenazi Marín, Republic of Chile
Eugenio Martínez Enríquez, Republic of Cuba
Roberto de León Huerta, United Mexican States
Peder Østebø, Kingdom of Norway
Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela

* Permanent accompanying partners
Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia
Msgr. Héctor Fabio Henao Gaviria, Delegate for Church-State Relations, Episcopal Conference of Colombia
Description: The Protocol lays down the mandate of the Monitoring and Verification Mechanism established to maintain and enforce the ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN). The protocol complements the ceasefire agreement entered into between the two parties on June 09, 2023.

Agreement document: CO_230713_Supplementary protocol on the mandate of the Monitoring and Verification Mechanism for the temporary bilateral national ceasefire.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_230713_Protocolo Complementario Al Mandato Del Mecanismo De Monitoreo Y Verificacion - MMV Para El Cese Al Fuego Bilateral, Nacional Y Temporal.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: 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: Rights related issues→Protection measures→Other
2. Procedures of the Monitoring and Verification Mechanism
...
2.5. The members of the Monitoring and Verification Mechanism shall not carry weapons and shall be protected by the safeguards established in the Protocol on security and protection for the members of the Monitoring and Verification Mechanism.
...
In addition, they shall also protect their sources of information.
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
1. Purposes and principles of the Monitoring and Verification Mechanism
1.1. The Monitoring and Verification Mechanism shall be responsible for reporting and preventing incidents;
compiling, classifying, verifying, evaluating and categorizing incidents that might be considered to violate the Agreement on a temporary bilateral national ceasefire and its Protocols and issuing the relevant opinions, as well as for carrying out educational work.
1.2. The Monitoring and Verification Mechanism shall impartially and objectively analyse the incidents that are presumed to violate the Agreement on a temporary bilateral national ceasefire and its Protocols, signed by the Government of the Republic of Colombia and ELN.
It shall also prepare evaluations, reports and recommendations in accordance with the Protocol on the evaluation, extension or suspension of the Agreement on a temporary bilateral national ceasefire.
Security sector→Ceasefire→General commitments
Pursuant to the Agreement on a temporary bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN), signed on 9 June 2023, the present text complements the Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary national bilateral ceasefire.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Pursuant to the Agreement on a temporary bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN), signed on 9 June 2023, the present text complements the Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary national bilateral ceasefire.
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: 3. Bodies and bases of the Monitoring and Verification Mechanism
...
(Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia (Signed) Msgr.
Other international signatory: 3. Bodies and bases of the Monitoring and Verification Mechanism
...
(Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil (Signed) Patricia Esquenazi Marín, Republic of Chile (Signed) Eugenio Martínez Enríquez, Republic of Cuba (Signed) Roberto de León Huerta, United Mexican States (Signed) Peder Østebø, Kingdom of Norway (Signed) Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela
Referendum for agreement: No specific mention.
International mission/force/similar: 2. Procedures of the Monitoring and Verification Mechanism
...
2.2. The representative of the United Nations Verification Mission in Colombia on the national body shall be the spokesperson for the Monitoring and Verification Mechanism with reference to the fulfilment of its mandate, in accordance with the protocol on communications of the Agreement on a temporary bilateral national ceasefire.
2.3. The United Nations Verification Mission in Colombia shall facilitate the work of the bodies that comprise the Monitoring and Verification Mechanism.
The United Nations Verification Mission in Colombia shall also be responsible for coordination and communication between the Government of Colombia, ELN and the Episcopal Conference of Colombia, through the channels provided for that purpose.
2.4. The United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia shall establish and maintain permanent channels of communication with the Armed Forces of the Government of Colombia and with ELN.
They shall share relevant information in order to prevent incidents throughout the national territory, with a particular focus on those places to be determined by mutual agreement, and ensure that work is carried out with technical efficiency in order to be ready for all possible contingencies.
...
2.6. Through the Episcopal Conference of Colombia and the United Nations Verification Mission in Colombia, the Monitoring and Verification Mechanism shall coordinate with the social monitoring network, in accordance with the Protocol on social monitoring and humanitarian protection mechanisms.
The members of the Monitoring and Verification Mechanism shall ensure that information they receive or become aware of in the course of their work remains confidential, is handled securely and is accurate.
In addition, they shall also protect their sources of information.
2.7. The regional bodies may verify the facts surrounding incidents reported by the local bodies with the representative of the Government of Colombia or with the ELN communications liaisons, as the case may be, through the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia, in order to resolve such incidents or, where appropriate, report them to the national body.
2.8. Each component of the Monitoring and Verification Mechanism may change its representatives when the circumstances so require.
The United Nations Verification Mission in Colombia shall independently establish its own personnel replacement and management system.
Enforcement mechanism: 2. Procedures of the Monitoring and Verification Mechanism
2.1. The rules of operation of the Monitoring and Verification Mechanism will be agreed on by the national body once each component has appointed its members, in accordance with the mandate set by the peace talks panel.
The national body of the Mechanism shall also regulate the settlement of disputes that are within the authority of the Monitoring and Verification Mechanism and that it has the capacity to resolve.
The Mechanism shall make all the arrangements necessary for the fulfilment of its mandate.
...
2.7. The regional bodies may verify the facts surrounding incidents reported by the local bodies with the representative of the Government of Colombia or with the ELN communications liaisons, as the case may be, through the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia, in order to resolve such incidents or, where appropriate, report them to the national body.
Related cases: No specific mention.
Source: No specific mention.

Pursuant to the Agreement on a temporary bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN), signed on 9 June 2023, the present text complements the Protocol on the mandate of the Monitoring and Verification Mechanism for the temporary national bilateral ceasefire.

1. Purposes and principles of the Monitoring and Verification Mechanism

1.1. The Monitoring and Verification Mechanism shall be responsible for reporting and preventing incidents;

compiling, classifying, verifying, evaluating and categorizing incidents that might be considered to violate the Agreement on a temporary bilateral national ceasefire and its Protocols and issuing the relevant opinions, as well as for carrying out educational work.

1.2. The Monitoring and Verification Mechanism shall impartially and objectively analyse the incidents that are presumed to violate the Agreement on a temporary bilateral national ceasefire and its Protocols, signed by the Government of the Republic of Colombia and ELN.

It shall also prepare evaluations, reports and recommendations in accordance with the Protocol on the evaluation, extension or suspension of the Agreement on a temporary bilateral national ceasefire.

1.3. The components, members and liaisons of the Monitoring and Verification Mechanism shall be guided in their work by the principles of respect, objectivity and impartiality.

They shall also perform their duties in good faith.

2. Procedures of the Monitoring and Verification Mechanism

2.1. The rules of operation of the Monitoring and Verification Mechanism will be agreed on by the national body once each component has appointed its members, in accordance with the mandate set by the peace talks panel.

The national body of the Mechanism shall also regulate the settlement of disputes that are within the authority of the Monitoring and Verification Mechanism and that it has the capacity to resolve.

The Mechanism shall make all the arrangements necessary for the fulfilment of its mandate.

2.2. The representative of the United Nations Verification Mission in Colombia on the national body shall be the spokesperson for the Monitoring and Verification Mechanism with reference to the fulfilment of its mandate, in accordance with the protocol on communications of the Agreement on a temporary bilateral national ceasefire.

2.3. The United Nations Verification Mission in Colombia shall facilitate the work of the bodies that comprise the Monitoring and Verification Mechanism.

The United Nations Verification Mission in Colombia shall also be responsible for coordination and communication between the Government of Colombia, ELN and the Episcopal Conference of Colombia, through the channels provided for that purpose.

2.4. The United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia shall establish and maintain permanent channels of communication with the Armed Forces of the Government of Colombia and with ELN.

They shall share relevant information in order to prevent incidents throughout the national territory, with a particular focus on those places to be determined by mutual agreement, and ensure that work is carried out with technical efficiency in order to be ready for all possible contingencies.

2.5. The members of the Monitoring and Verification Mechanism shall not carry weapons and shall be protected by the safeguards established in the Protocol on security and protection for the members of the Monitoring and Verification Mechanism.

In addition, they shall ensure that the information they receive or become aware of in the course of their work remains confidential and secure.

2.6. Through the Episcopal Conference of Colombia and the United Nations Verification Mission in Colombia, the Monitoring and Verification Mechanism shall coordinate with the social monitoring network, in accordance with the Protocol on social monitoring and humanitarian protection mechanisms.

The members of the Monitoring and Verification Mechanism shall ensure that information they receive or become aware of in the course of their work remains confidential, is handled securely and is accurate.

In addition, they shall also protect their sources of information.

2.7. The regional bodies may verify the facts surrounding incidents reported by the local bodies with the representative of the Government of Colombia or with the ELN communications liaisons, as the case may be, through the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia, in order to resolve such incidents or, where appropriate, report them to the national body.

2.8. Each component of the Monitoring and Verification Mechanism may change its representatives when the circumstances so require.

The United Nations Verification Mission in Colombia shall independently establish its own personnel replacement and management system.

3. Bodies and bases of the Monitoring and Verification Mechanism

3.1. The Monitoring and Verification Mechanism shall have 1 base for its national body, 9 bases for its regional bodies and 22 bases for its local bodies, located throughout the national territory.

3.2. The national body’s permanent base shall be located in Bogotá.

It may meet elsewhere in the country when it deems it appropriate.

3.3. The regional bodies shall be based in the following nine municipalities:

Arauca,

The regional bodies shall be based in the following nine municipalities:

Bucaramanga, Cali, Cúcuta, Medellín, Pasto, Quibdó, Soacha and Valledupar.

The local bodies shall be based in the following 22 municipalities:

Aguachica, Barrancabermeja, Becerril, Bojayá, Buenaventura, Caucasia, Ipiales, Istmina, Ocaña, Pereira, Popayán, Puerto Carreño, Puerto Inírida, San Juan del Cesar, Santa Rosa de Osos, Santa Rosa del Sur, Soatá, Socorro, Tame, Tibú, Tumaco and Yopal.

Attached is a table showing the bases of the regional and local bodies, and the priority municipalities for the Monitoring and Verification Mechanism (see annex I).

The Monitoring and Verification Mechanism shall be based in the respective municipal municipalities, from where it shall carry out its work.

Each local body shall be responsible for a designated geographical area.

In the event that members of a body must travel outside of the municipal centre, they shall coordinate with the parties in advance, with sufficient notice, and adhere to the protection systems in place, observing the Protocol on security and protection for the members of the Monitoring and Verification Mechanism during the temporary bilateral national ceasefire.

Havana, Cuba, 13 July 2023.

Delegation of the Government of the Republic of Colombia

(Signed) José Otty Patiño Hormaza, Head of delegation

(Signed) Iván Danilo Rueda Rodríguez, High Commissioner for Peace

(Signed) Iván Cepeda Castro

(Signed) Orlando Romero Reyes

(Signed) Horacio Guerrero García

(Signed) Olga Lilia Silva López

(Signed) Rosmery Quintero Castro

(Signed) Carlos Alfonso Rosero

Permanent accompanying partners

(Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia (Signed) Msgr.

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

As witnesses and depositaries:

Guarantor countries

(Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil (Signed) Patricia Esquenazi Marín, Republic of Chile (Signed) Eugenio Martínez Enríquez, Republic of Cuba (Signed) Roberto de León Huerta, United Mexican States (Signed) Peder Østebø, Kingdom of Norway (Signed) Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela

As observers for the Armed Forces:

(Signed) Brig.

Gen. William Oswaldo Rincón Zambrano (Signed) Maj.

Gen. Hugo Alejandro López Barreto

Delegation of the Ejército de Liberación Nacional – ELN

(Signed) Pablo Beltrán, Head of delegation (Signed) Aureliano Carbonell (Signed) Bernardo Téllez (Signed) Manuel Gustavo Martínez

(Signed) Adelaida Jiménez Cortés

(Signed) Rodrigo Botero García

(Signed) Dayana Paola Urzola Domicó

(Signed) José Félix Lafaurie Rivera

(Signed) Nigeria Rentería Lozano

(Signed) Álvaro Matallana Eslava

(Signed) María José Pizarro Rodríguez