Sexual violence
Page 3, Untitled Preamble:
The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenqueras, raizales, and Rom, political parties, social and trade union movements, guilds economic, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear.
Page 28, II. Content, scope and limits of the granting of amnesties and pardons as well as other special treatments:
. . .
40.- The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.
Page 42:
67.- The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.
The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.
The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.
Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.
Page 53-54
5.1.3.4. Psycho-social rehabilitation
5.1.3.4.1. Emotional recovery measures at the individual level
In the context of the end of the conflict, and in order to address and contribute to the alleviation of the suffering of victims, the National Government and the FARC-EP have agreed that the National Government, in development of this Agreement, will undertake to expand public coverage and territorial deployment, and improve the quality of the psycho-social care for the emotional recovery of victims according to particular damage they have suffered, including the impact on individuals who are of victims of sexual violence. To acheive this they will increase the local centers attending victims and encourage mobile strategies to ensure that the most remote places are reached.
Likewise, in fulfilment of the agreements reached the National Government will strengthen the access and mental health services for victims who so require.
Gender-based violence/VAW (general)
Page 8 , 5.1.1.1 Commission for the Clarification of truth, coexistence and non-repetition
The Commission must fulfill three fundamental objectives, which as a whole contribute to the non-repetition of the conflict:
...
In the first place, the Commission shall contribute to the clarification of what happened, in accordance with the elements of the mandate as described later, and offer a substantive explanation of the complexity of the conflict, in such a way as to promote a shared understanding in society, in particular of the least-known aspects of the conflict, as the impact of the conflict on children and adolescents and gender-based violence, among other matters.
Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
7º.- Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.
Other
Page 5, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition:
The Comprehensive System has a differentiated and gender-based approach, which is designed to respond to the particular characteristics of victimization in each territory and each population, and in particular to the needs of women and children.
Page 9, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
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The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled to the defenders of human rights, trade unionists, journalists, men and women farmers, ranchers and livestock, traders and businessmen and businesswomen, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.
Page 10, 5.1.1.1.1 Guiding Criteria:
. . .
Differential approach and gender: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, and of the populations or sectors in conditions of vulnerability or especially affected by the conflict, among others. There will be special attention to the victimization suffered by women.
Page 12, 5.1.1.1.2. Mandate:
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The mandate of the Commission will include to clarify and promote the recognition of:
...
The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.
Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
8º.- The operation of the component of justice will give emphasis to the needs of the women and child victims who suffer disproportionate and differentiated effects of serious infringements and violations committed during the conflict. Reparations must respond to the call of the United Nations that any peace agreement must adopt a gender perspective, recognizing the measures of reparation and restoration, the special suffering of women, and the importance of their active and equal participation in the justice component of TJRNR.