Acuerdo sobre Reglamento para la Zona de Encuentro, Gobierno Nacional-ELN

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo sobre Reglamento para la Zona de Encuentro, Gobierno Nacional-ELN
Date: 14 Dec 2000
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: Pre-negotiation/process
Conflict nature: Government
Peace process: Colombia III - Arango
Parties: Gobierno Nacional-ELN
Third parties: -
Description: This is an agreement on the regulations governing the encounter zone established by the government to advance the negotiations. It details the objective of the zone; its limits and duration with provisions on how to extend or end the existence of this zone; its general rules and workings; the dispositions for the participation of the population within the zone; human rights; arrangements for civil police (incl. recruitment, arms they carry, their movements, there is more in annex 2); judiciary; individual liberties; the cultivation of illicit products; the environment; and finally the air space.

Agreement document: CO_001214_Reglamento para la Zona de Encuentro - tr.pdf (opens in new tab) | Download PDF

Main category: Page 4, Article 29,
Special care and consideration will be given to staff carrying out educational, cultural, sanitary, humanitarian and religious functions, in addition to the material and facilities required by them. Similarly, special protection will be provided to pregnant women, the elderly and children.

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: Particular groups of women→Pregnancy/maternity
Page 303, HUMAN RIGHTS
... 29. ... Special protection to pregnant women, the elderly and the children will also be provided.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

AGREEMENT ON REGULATIONS FOR THE MEETING ZONE, NATIONAL GOVERNMENT – NATIONAL LIBERATION ARMY

Havana, Cuba, 14 December 2000

This document contains the basic regulations produced and agreed by the parties for the Meeting Zone, which the national government, under the political constitution and laws 418 (1997) and 525 (1999), has established for the process of the national convention proposed by the National Liberation Army (Ejército de Liberación Nacional, ELN) and the peace talks and negotiations between the government and the aforementioned illegal armed organisation, whose political nature has been recognised.

PURPOSE

The Meeting Zone is established under the aforementioned constitutional and legal framework for holding the national convention and peace talks and negotiations between the government and ELN.

BOUNDARIES

The description of the boundaries of the Meeting Zone and all provisions regarding them are included in an annex to this regulation (Annex 1:

Associated boundaries and provisions).

DURATION

The Meeting Zone will last for nine months, counted from the date on which the Verification Commission reports that military forces and the national police have moved outside the zone, in line with the provisions of this regulation.

This period may be extended as necessary to allow the continuity of the national convention and/or the negotiations, if required.

If a decision is taken to end the Meeting Zone before the end of this period, the other party will be given at least 15 days’ notice.

Under these circumstances, the process for ending the Meeting Zone will be verified by the Verification Commission.

GENERAL PROVISIONS

The rights and freedoms of the community will not be infringed in any way.

Individual and collective human rights, and social, economic, cultural and environmental rights, as set out in the constitution, legal provisions and international humanitarian law incorporated into current legislation, will be respected under all circumstances.

The Ombudsperson will help verify compliance with these standards.

Public coexistence and the development of democracy will be promoted as a fundamental part of achieving peace.

In the Meeting Zone, all civil, judicial and administrative authorities will continue to fully exercise their constitutional and legal functions and attributions.

Mayors and other civil, judicial and administrative authorities in the municipalities of the Meeting Zone, together with their respective support bodies, will represent the authority of the state in this area.

Detentions will be made by order of the competent authority and fully respecting the formalities established by the law.

No person in the Meeting Zone will be subject to intimidation or threats.

Kidnappings or detentions will not be carried out in the Meeting Zone, and nor will people who have been kidnapped or detained be held captive there.

All assets of people, legal entities and the state will be respected.

ELN will not impose contributions or forced levies of any sort in the Meeting Zone, nor will it carry out illegal activities for economic benefit within the zone.

From the establishment of the Meeting Zone, ELN will not undertake any form of armed action against military forces and the police or with an objective that involves the population.

Nor will it use the zone as a fall-back area for members of the organisation that have carried out such activities outside the zone.

The military forces and the police will not enter the Meeting Zone.

The infrastructure for public services, oil and power facilities, and in general state assets for public use that are located in the Meeting Zone will not be subject to acts or actions that disturb or impede their normal operation.

The security and operation of the field, wells and other facilities belonging to Empresa Colombiana de Petóleos in Cantagallo will be the sole responsibility of this company.

The parties undertake to respect the company’s internal regulations and not to interfere in any way with the functioning, operation and swift access of authorised staff to the aforementioned areas and installations.

Inside the Meeting Zone, actions will be implemented to fight poverty and improve the social and economic conditions of the population, in addition to promoting harmony and understanding among all its inhabitants.

Community participation mechanisms will be promoted and developed as a key part of consolidating and strengthening dialogue to achieve peace, and the concerns of the community will be listened to and taken into account.

Conditions will be created to allow the people participating in the national convention and the negotiations between the government and ELN taking place in the Meeting Zone to do so in a safe and speedy manner.

The use and dissemination of national symbols will be promoted inside the Meeting Zone and these will be respected by all residents and visitors.

PARTICIPATION OF THE POPULATION OF THE MEETING ZONE

Inhabitants of the Meeting Zone will be kept continually informed of the peace process and the provisions adopted.

The competent local civil authorities, in coordination with the parties, will promote the education of residents in the Meeting Zone to promote the values of dialogue, equality and respect for life.

Public participation will be stimulated in the local development plans.

Enforcement and control by the competent authorities will be promoted in line with the current constitution and legislation, in addition to public participation in the verification of management by the local authorities, with an emphasis on the fight against administrative corruption.

Facilities will be built and fitted out, in addition to an airstrip and the roads and public services required to allow the national convention and the talks to be held in the Meeting Zone.

HUMAN RIGHTS

The presence and activity of national and international organisations and agencies for the defence and promotion of human rights will be permitted, subject to coordination between the parties.

These organisations will be supported by the necessary security measures to allow them to carry out their work.

The creation of human rights organisations or groups will be promoted within the communities of the Meeting Zone, in addition to the education of the population in matters related to citizen rights.

Special care and consideration will be given to staff carrying out educational, cultural, sanitary, humanitarian and religious functions, in addition to the material and facilities required by them.

Similarly, special protection will be provided to pregnant women, the elderly and children.

The work of the national and international Red Cross will be facilitated, in addition to other national and international help and aid organisations, subject to agreement between the parties.

CIVIL POLICE

Mayors with jurisdiction in the areas of the Meeting Zone will appoint a civil police force, whose members will be selected by mutual agreement among the parties from figures of recognised standing and honour who do not belong to armed organisations or bodies.

The civil police will only carry side arms, will remain under the authority of the respective mayor and will operate for the duration of the Meeting Zone.

The parties and the Verification Commission will be notified in advance of movements by the civil police in the rural zone.

Insofar as possible and for reasons of security, the other authorities in the zone will follow the same procedure.

All matters regarding the civil police will be agreed between the parties and included in a special annex to this regulation (Annex 2:

Civil Police).

The sites currently occupied by the military forces and the national police in the Meeting Zone will be solely at the disposal of the national government.

LEGAL REGIME

The national Attorney General and the judges of the republic are the state authorities responsible for investigating and trying violations of penal law.

As such, their presence in the Meeting Zone will be guaranteed.

Similarly, the work of investigators in the technical investigation body and other agents and officials of this body will be respected.

Investigators will be entitled to carry their arms for personal defence and be accompanied by staff.

ELN will not obstruct the work of the Attorney General or the judicial and prison authorities, and will respect the facilities and elements for their operation.

ELN will surrender to the judicial authorities persons whom, from the taking effect of the Meeting Zone, come to be in its power for a possible legal infraction occurring inside this zone.

The execution of capture orders for ELN members temporarily located in the Meeting Zone will be suspended under the terms of item 5, paragraph 1, article 8, Law 418 (1997) and Law 525 (1999).

The offices of the Department of Security (Departamento Administrativo de Seguridad, DAS) located in the municipal seats of the zone will continue to perform their functions.

The Office of the High Commissioner will establish the mechanisms required to control and facilitate the access of visitors to the Meeting Zone.

The access of visitors to the Meeting Zone will be coordinated by the parties.

PERSONAL FREEDOMS

Notwithstanding the normal control measures that may be adopted by mutual agreement with the municipal authorities and with the surveillance of the Verification Commission, the parties will guarantee speedy access and transit to and from the zone of all members of the civil population and all their assets, provisions and drugs, including those derived from the exercise of mining, livestock, commercial and agricultural activities, without limitations or impositions of any nature.

Freedom to worship, freedom of religious belief and the cultural expressions of residents will be respected, in addition to the freedom to carry out any legal activity without any form of imposition or conditions.

The presence of ELN in urban areas will be subject to full and correct behaviour by its members and respect for residents and local authorities, in line with the provisions of this regulation.

The academic programmes established by the competent authority will not be modified, and nor will there be interference with the operation of education institutions.

Political proselytising and activities of ideological persuasion will not be permitted at education institutions.

The control of prices, where applicable, will be established by the competent authorities.

The development and taking place of the legally established electoral processes will be guaranteed, respecting the freedoms of the candidates and voters.

The free attendance of political, cultural and community activities by the civil population will be guaranteed.

The trade, trafficking or manufacture of arms and ammunition will not be permitted in the Meeting Zone.

ELN ratifies that it has not conducted forced recruitment and does not intend to do so in the future.

SUBSTITUTION OF CROPS

The parties will promote and/or participate in an effective and sustainable plan for the substitution of illicit crops in the zone, involving the competent state entities, the participation of communities and the international community.

The plan will take into account the concerns of small-scale growers in the choice of procedures and the formulation of viable economic alternatives for substitution.

Campaigns to prevent the consumption of drugs by the population located in the zone will be promoted and supervised.

ENVIRONMENT

Environmental protection programmes will be implemented with the participation of the communities, particularly to protect water basins, flora and fauna and prevent the deterioration of soil.

AIR SPACE

The Civil Aviation Authority will be the only authority to exercise control over flights in and over the Meeting Zone.

For this purpose, it will apply current aviation regulations and any others provided by the national government.

There are no restrictions on the airspace of the Meeting Zone, other than those established by the Civil Aviation Authority for national government or commercial/private planes flying over the zone. (

Helicopters and military and police light aircraft pending definition.)

Planes may cross the space of the Meeting Zone at a minimum height of 10,000 feet. (

Minimum for helicopters pending verification.)

Upon request by the High Commissioner for Peace, the Colombian Air Force will authorise the flights of aircraft to airstrips inside the Meeting Zone previously authorised by the Civil Aviation Authority.

Planes that fly toward the Meeting Zone without authorisation or change their destination after having been authorised will be subject to the measures set out for such cases by the Colombian Air Force.

A coordination and verification mechanism for flights over the zone to provide information to the parties will be established with the collaboration of the Verification Commission.