Protocolo Sobre El Rol De La Mesa De Dialogos De Paz En El Cumplimiento Del Acuerdo De Cese Al Fuego Bilateral, Nacional Y Temporal - CFBNT Y Su Relacion Con El Mecanismo De Monitoreo Y Verificacion - MMV

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Country/entity: Colombia
Region: Americas
Agreement name: Protocolo Sobre El Rol De La Mesa De Dialogos De Paz En El Cumplimiento Del Acuerdo De Cese Al Fuego Bilateral, Nacional Y Temporal - CFBNT Y Su Relacion Con El Mecanismo De Monitoreo Y Verificacion - MMV
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: Implementation/renegotiation
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
Eugenio Martínez Enríquez, Republic of Cuba
Peder Østebø, Kingdom of Norway
Patricia Esquenazi Marín, Republic of Chile
Roberto de León Huerta, United Mexican States
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: Short protocol on the role of the peace talks panel in the implementation of the bilateral ceasefire agreed on between the Government of Columbia and the Ejército de Liberación Nacional (ELN) in the Acuerdo al Cese Bilateral (Cuba Agreement) signed on 9 June 2023. The protocol also clarifies the relationship of the peace talks panel with the Monitoring and Verification Mechanism.

Agreement document: CO_230713_Protocol on the role of the peace talks panel in the implementation of the Agreement on a temporary bilateral national ceasefire and its relationship with the Monitoring and Verification Mechanism.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_230713_Protocolo Sobre El Rol De La Mesa De Dialogos De Paz En El Cumplimiento Del Acuerdo De 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: 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
10, second Cuba Agreement), signed on 9 June 2023, the present Protocol establishes the role and responsibilities of the peace talks panel and its relationship with the Monitoring and Verification Mechanism in the implementation of the Agreement on a temporary bilateral national ceasefire and its Protocols.
1. Agreements and decisions
The peace talks panel shall be the only body that agrees and decides on possible modifications to, and extensions or suspensions of, the Agreement on a temporary bilateral national ceasefire and its Protocols.
The peace talks panel shall draw up and agree on the protocols required for the implementation of the Agreement on a temporary bilateral national ceasefire, in accordance with paragraph 10 of the Agreement on a temporary bilateral national ceasefire (Agreement No.
...
2. Spokesperson
The peace talks panel shall be the official spokesperson for all matters related to the Agreement on a temporary bilateral national ceasefire and its Protocols, and for compliance therewith.
...
3. Addressing critical situations
As and when required, the peace talks panel shall request the national body of the Monitoring and Verification Mechanism to submit reports on the implementation of the Agreement and on incidents that, due to their severity, should be brought to the attention of the panel for its consideration.
The parties shall bear in mind that, in accordance with paragraph 5 of the Protocol on the mandate of the Monitoring and Verification Mechanism, “no incident in and of itself shall be cause for the unilateral termination of the ceasefire agreement”.
4. Follow-up action
The peace talks panel shall receive periodic reports from the Monitoring and Verification Mechanism and, on the basis of its analysis, shall take follow-up action or make adjustments to the Agreement on a temporary bilateral national ceasefire and its Protocols, as it deems necessary.
5. Evaluations
The peace talks panel shall conduct evaluations, 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) (Agreement No.
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) (Agreement No.
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: 5. Evaluations
...
(Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia
Other international signatory: 5. Evaluations
...
(Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil
(Signed) Eugenio Martínez Enríquez, Republic of Cuba
(Signed) Peder Østebø, Kingdom of Norway
(Signed) Patricia Esquenazi Marín, Republic of Chile
(Signed) Roberto de León Huerta, United Mexican States
(Signed) Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

Protocol on the role of the peace talks panel in the implementation of the Agreement on a temporary bilateral national ceasefire and its relationship with the Monitoring and Verification Mechanism

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) (Agreement No.

10, second Cuba Agreement), signed on 9 June 2023, the present Protocol establishes the role and responsibilities of the peace talks panel and its relationship with the Monitoring and Verification Mechanism in the implementation of the Agreement on a temporary bilateral national ceasefire and its Protocols.

1. Agreements and decisions

The peace talks panel shall be the only body that agrees and decides on possible modifications to, and extensions or suspensions of, the Agreement on a temporary bilateral national ceasefire and its Protocols.

The peace talks panel shall draw up and agree on the protocols required for the implementation of the Agreement on a temporary bilateral national ceasefire, in accordance with paragraph 10 of the Agreement on a temporary bilateral national ceasefire (Agreement No.

10).

2. Spokesperson

The peace talks panel shall be the official spokesperson for all matters related to the Agreement on a temporary bilateral national ceasefire and its Protocols, and for compliance therewith.

It shall issue announcements through statements and communiqués.

3. Addressing critical situations

As and when required, the peace talks panel shall request the national body of the Monitoring and Verification Mechanism to submit reports on the implementation of the Agreement and on incidents that, due to their severity, should be brought to the attention of the panel for its consideration.

The parties shall bear in mind that, in accordance with paragraph 5 of the Protocol on the mandate of the Monitoring and Verification Mechanism, “no incident in and of itself shall be cause for the unilateral termination of the ceasefire agreement”.

4. Follow-up action

The peace talks panel shall receive periodic reports from the Monitoring and Verification Mechanism and, on the basis of its analysis, shall take follow-up action or make adjustments to the Agreement on a temporary bilateral national ceasefire and its Protocols, as it deems necessary.

5. Evaluations

The peace talks panel shall conduct evaluations, in accordance with the Protocol on the evaluation, extension or suspension of the Agreement on a 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

(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

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) María Consuelo Tapias

(Signed) Isabel Torres

(Signed) Simón Pabón

(Signed) Mauricio Iguarán

As observers for the Armed Forces:

(Signed) Brig.

Gen. William Oswaldo Rincón Zambrano

(Signed) Maj.

Gen. Hugo Alejandro López Barreto

As witnesses and depositaries (Guarantor countries):

(Signed) Laura Berdine Santos Delamonica, Federative Republic of Brazil

(Signed) Eugenio Martínez Enríquez, Republic of Cuba

(Signed) Peder Østebø, Kingdom of Norway

(Signed) Patricia Esquenazi Marín, Republic of Chile

(Signed) Roberto de León Huerta, United Mexican States

(Signed) Gen. Carlos Martínez Mendoza, Bolivarian Republic of Venezuela

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