Protocolo Sobre La Seguridad Para El ELN Y Los Lugares Donde Hace Presencia En El Marco Del Acuerdo De Cese Al Fuego Bilateral, Nacional Y Temporal - CFBNT Entre El Gobierno De La Republica De Colombia Y El Ejercito De Liberacion Nacional - ELN

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Country/entity: Colombia
Region: Americas
Agreement name: Protocolo Sobre La Seguridad Para El ELN Y Los Lugares Donde Hace Presencia En El Marco Del Acuerdo De Cese Al Fuego Bilateral, Nacional Y Temporal - CFBNT Entre El Gobierno De La Republica De Colombia 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: Implementation/renegotiation
Conflict nature: Government
Peace process: Colombia VI - Government-ELN post-2015 process
Parties: 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
Third parties: 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
Description: This agreement is an ancillary to the "Agreement on a Temporary Bilateral National Ceasefire" between the Government of the Republic of Colombia and the ELN. It delineates procedures to avert incidents during the ceasefire. Instituted on 9 June 2023, and further detailed in Havana, Cuba, on 13 July 2023, this protocol specifies communication protocols between ELN fronts and the Monitoring and Verification Mechanism, facilitated by the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia, to ensure ELN's security measures and prevent armed confrontations. The protocol establishes secure communication channels for ELN to relay defense and security actions, appoints ELN liaisons for coordination with the Monitoring and Verification Mechanism, and outlines the responsibilities of government representatives in the mechanism to coordinate with military and police units to prevent incidents. This document is part of a broader effort to maintain ceasefire conditions and foster an environment conducive to ongoing peace negotiations, with signatories from both the Colombian government and the ELN, as well as observer status for representatives of the armed forces and guarantor countries.

Agreement document: CO_230713_Protocol on security for the Ejército de Liberación Nacional (ELN) and the places where it is present under the Agreement on a temporary bilateral national ceasefire.pdf (opens in new tab) | Download PDF
Agreement document (original language): CO_230713_Protocolo Sobre La Seguridad Para El ELN Y Los Lugares Donde Hace Presencia En El Marco 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: Rights related issues→Media and communication→Media logistics
2. Using the communications liaisons of the war fronts, ELN shall inform the Monitoring and Verification Mechanism through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia in a timely and relevant manner of its actions, activities, or movements on the ground that are aimed at ensuring its defense and security in order to prevent incidents and to prevent, forestall, or mitigate risks or any type of vulnerability in the places where ELN is present.
3. ELN shall use its own communication channels to transmit information concerning the above-mentioned points in an appropriate and timely manner to the ELN component of the national body of the Monitoring and Verification Mechanism, as well as to the relevant regional or local bodies through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.
4. Through each war front, ELN shall establish with the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia the ELN communications liaisons in the local and regional bodies of the Monitoring and Verification Mechanism.
In order to prevent incidents, the secure system used by the ELN component to communicate with all bodies of the Monitoring and Verification Mechanism shall be established by ELN in agreement with the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.
The national body of the Monitoring and Verification Mechanism shall arrange for the security of the ELN communications liaisons who are members of the Mechanism.
5. The ELN component in the national body shall maintain its system for secure communication with all regional and local ELN communications liaisons.
Mobility/access: 6. In the event that an ELN member of the national body of the Monitoring and Verification Mechanism must travel to a specific place where a war front is present, his or her security shall be arranged with the national body of the Monitoring and Verification Mechanism.
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: 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 and its Protocols, the present Protocol establishes the procedures for the prevention of incidents that might arise from the application of security measures for ELN and the places where it is present.
1. ELN shall maintain its own security and defense measures in the places where it is present in accordance with paragraph 1 of the Agreement on a temporary bilateral national ceasefire (Agreement No.
10 second Cuba Agreement).
2. Using the communications liaisons of the war fronts, ELN shall inform the Monitoring and Verification Mechanism through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia in a timely and relevant manner of its actions, activities, or movements on the ground that are aimed at ensuring its defense and security in order to prevent incidents and to prevent, forestall, or mitigate risks or any type of vulnerability in the places where ELN is present.
In order to prevent incidents, the secure system used by the ELN component to communicate with all bodies of the Monitoring and Verification Mechanism shall be established by ELN in agreement with the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.
The national body of the Monitoring and Verification Mechanism shall arrange for the security of the ELN communications liaisons who are members of the Mechanism.
5. The ELN component in the national body shall maintain its system for secure communication with all regional and local ELN communications liaisons.
6. In the event that an ELN member of the national body of the Monitoring and Verification Mechanism must travel to a specific place where a war front is present, his or her security shall be arranged with the national body of the Monitoring and Verification Mechanism.
Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the representatives shall receive, send to, or request from the ELN component in the relevant body of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.
8. Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the ELN component in all bodies of the Mechanism shall receive from, send to, or request from the representatives of the Government appointed to the national, regional, and local bodies of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.
9. When the situation mentioned in paragraph 3 of the Protocol on specific actions arises, the parties shall immediately inform the Mechanism so that it may intervene in an appropriate and timely manner through each party’s component in order to clarify the situation.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
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 and its Protocols, the present Protocol establishes the procedures for the prevention of incidents that might arise from the application of security measures for ELN and the places where it is present.
1. ELN shall maintain its own security and defense measures in the places where it is present in accordance with paragraph 1 of the Agreement on a temporary bilateral national ceasefire (Agreement No.
10 second Cuba Agreement).
7. The government representatives appointed to the national, regional, and local bodies of the Monitoring and Verification Mechanism shall be responsible for coordinating with the military and police units based on their setup in the regions where the Mechanism is based.
Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the representatives shall receive, send to, or request from the ELN component in the relevant body of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.
8. Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the ELN component in all bodies of the Mechanism shall receive from, send to, or request from the representatives of the Government appointed to the national, regional, and local bodies of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.
9. When the situation mentioned in paragraph 3 of the Protocol on specific actions arises, the parties shall immediately inform the Mechanism so that it may intervene in an appropriate and timely manner through each party’s component in order to clarify the situation.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: 1. ELN shall maintain its own security and defense measures in the places where it is present in accordance with paragraph 1 of the Agreement on a temporary bilateral national ceasefire (Agreement No.
10 second Cuba Agreement).
2. Using the communications liaisons of the war fronts, ELN shall inform the Monitoring and Verification Mechanism through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia in a timely and relevant manner of its actions, activities, or movements on the ground that are aimed at ensuring its defense and security in order to prevent incidents and to prevent, forestall, or mitigate risks or any type of vulnerability in the places where ELN is present.
3. ELN shall use its own communication channels to transmit information concerning the above-mentioned points in an appropriate and timely manner to the ELN component of the national body of the Monitoring and Verification Mechanism, as well as to the relevant regional or local bodies through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.
4. Through each war front, ELN shall establish with the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia the ELN communications liaisons in the local and regional bodies of the Monitoring and Verification Mechanism.
In order to prevent incidents, the secure system used by the ELN component to communicate with all bodies of the Monitoring and Verification Mechanism shall be established by ELN in agreement with the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.
5. The ELN component in the national body shall maintain its system for secure communication with all regional and local ELN communications liaisons.
Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the representatives shall receive, send to, or request from the ELN component in the relevant body of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.
8. Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the ELN component in all bodies of the Mechanism shall receive from, send to, or request from the representatives of the Government appointed to the national, regional, and local bodies of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.
9. When the situation mentioned in paragraph 3 of the Protocol on specific actions arises, the parties shall immediately inform the Mechanism so that it may intervene in an appropriate and timely manner through each party’s component in order to clarify the situation.
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: Permanent accompanying partners:
(Signed) Angela Bargellini, Delegate of the Special Representative of the United Nations Secretary-General for Colombia
Other international signatory: 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
Referendum for agreement: No specific mention.
International mission/force/similar: 2. Using the communications liaisons of the war fronts, ELN shall inform the Monitoring and Verification Mechanism through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia in a timely and relevant manner of its actions, activities, or movements on the ground that are aimed at ensuring its defense and security in order to prevent incidents and to prevent, forestall, or mitigate risks or any type of vulnerability in the places where ELN is present.
3. ELN shall use its own communication channels to transmit information concerning the above-mentioned points in an appropriate and timely manner to the ELN component of the national body of the Monitoring and Verification Mechanism, as well as to the relevant regional or local bodies through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.
4. Through each war front, ELN shall establish with the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia the ELN communications liaisons in the local and regional bodies of the Monitoring and Verification Mechanism.
In order to prevent incidents, the secure system used by the ELN component to communicate with all bodies of the Monitoring and Verification Mechanism shall be established by ELN in agreement with the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.
The national body of the Monitoring and Verification Mechanism shall arrange for the security of the ELN communications liaisons who are members of the Mechanism.
6. In the event that an ELN member of the national body of the Monitoring and Verification Mechanism must travel to a specific place where a war front is present, his or her security shall be arranged with the national body of the Monitoring and Verification Mechanism.
7. The government representatives appointed to the national, regional, and local bodies of the Monitoring and Verification Mechanism shall be responsible for coordinating with the military and police units based on their setup in the regions where the Mechanism is based.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

Protocol on security for the Ejército de Liberación Nacional (ELN) and the places where it is present under the Agreement on a temporary bilateral national ceasefire between the Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN)

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 and its Protocols, the present Protocol establishes the procedures for the prevention of incidents that might arise from the application of security measures for ELN and the places where it is present.

1. ELN shall maintain its own security and defense measures in the places where it is present in accordance with paragraph 1 of the Agreement on a temporary bilateral national ceasefire (Agreement No.

10 second Cuba Agreement).

2. Using the communications liaisons of the war fronts, ELN shall inform the Monitoring and Verification Mechanism through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia in a timely and relevant manner of its actions, activities, or movements on the ground that are aimed at ensuring its defense and security in order to prevent incidents and to prevent, forestall, or mitigate risks or any type of vulnerability in the places where ELN is present.

3. ELN shall use its own communication channels to transmit information concerning the above-mentioned points in an appropriate and timely manner to the ELN component of the national body of the Monitoring and Verification Mechanism, as well as to the relevant regional or local bodies through the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.

4. Through each war front, ELN shall establish with the components of the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia the ELN communications liaisons in the local and regional bodies of the Monitoring and Verification Mechanism.

In order to prevent incidents, the secure system used by the ELN component to communicate with all bodies of the Monitoring and Verification Mechanism shall be established by ELN in agreement with the United Nations Verification Mission in Colombia and the Episcopal Conference of Colombia.

The national body of the Monitoring and Verification Mechanism shall arrange for the security of the ELN communications liaisons who are members of the Mechanism.

5. The ELN component in the national body shall maintain its system for secure communication with all regional and local ELN communications liaisons.

6. In the event that an ELN member of the national body of the Monitoring and Verification Mechanism must travel to a specific place where a war front is present, his or her security shall be arranged with the national body of the Monitoring and Verification Mechanism.

7. The government representatives appointed to the national, regional, and local bodies of the Monitoring and Verification Mechanism shall be responsible for coordinating with the military and police units based on their setup in the regions where the Mechanism is based.

Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the representatives shall receive, send to, or request from the ELN component in the relevant body of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.

8. Through the United Nations Verification Mission in Colombia or the Episcopal Conference of Colombia, the ELN component in all bodies of the Mechanism shall receive from, send to, or request from the representatives of the Government appointed to the national, regional, and local bodies of the Mechanism pertinent or useful information with a view to preventing armed incidents between the parties.

9. When the situation mentioned in paragraph 3 of the Protocol on specific actions arises, the parties shall immediately inform the Mechanism so that it may intervene in an appropriate and timely manner through each party’s component in order to clarify the situation.

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