Acuerdo Comisión Jurídica Mixta

Export agreement:

Export agreement coding (PDF)

Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo Comisión Jurídica Mixta
Date: 14 Jul 2024
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Colombia VII - Petro Peace Dialogues with FARC-EP
Parties: [Government of Colombia]:

Camilo González Posso
Coordinator of the
Delegation of the Nat. Gov.

Oscar Salazar – Deleg. Gov.
Gloria Quinceno
Delegation Government

[Illegible name]
Delegation government

Carlos J. Murgas
Delegate National Gov

[Illegible name]
Delegation government

Luz Dary L.
Delegation government

[Only a signature, no name]
Delegation Government

[FARC-EP]:

Leopoldo Durán G.
Coordinator of the delegation FARC-EP

José Tomás Ojeda Soleimani
José Tomás Ojeda Soleimani
Delegado FARC-EP

Cipriano Cortes
Delegation FARC-EP

Caicedo Rios
Delegation FARC-EP
Third parties: Philipp Lustenberger
Swiss Confederation

Humberto M. Shikiya
Word Council of Churches

[Signature, no name]
Norway

[Signature, no name]
Ireland

Edelma Gomez
MAPP-OEA

Camila Forero García
Episcopal Conference of Colombia

Armando Franchi
Representative of the Bolivarian Republic of Venezuela

[Signature, no name]
Delegate of the Special Representative of the United Nations in Colombia

[Signature, no name]
Delegation of the of European Union
Description: The Peace Dialogues Tables, comprising of the Government of Colombia and certain blocs of the Estado Mayor Central (EMC) FARC-EP, affirmed resolutions made by a Joint Legal Commission regarding the treatment of detained FARC-EP members.

Agreement document: CO_240714_Acuerdo_Comision_Juridica_Mixta_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_240714_Acuerdo Comisión Jurídica Mixta (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: The Peace Dialogues Table have approved the following Agreements proposed by the Joint Legal Commission:
...
7. The parties are grateful for the accompaniment, management and technical support provided by the Joint Legal Commission, by the Special Representative of the General Secretary of the United Nations in Colombia, as well as from the Mission to Support the Peace Process MAPP-OEA, the Episcopal Conference of Colombia and the World Council of Churches.
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: Human rights and equality→Civil and political rights→Humane treatment in detention
The Peace Dialogues Table have approved the following Agreements proposed by the Joint Legal Commission:
1. Initiate the necessary arrangements with the competent authorities for the relocation and care of the most seriously ill and prioritised members of the General Staff of the Blocs Commander Gentil Duarte and Commander Jorge Suárez Briceño and Front Commander Raúl Reyes FARC-EP who are deprived of their liberty, in accordance with the consolidated list determined by the CJM, in order to guarantee comprehensive care for their health, with the aim of respecting their human dignity.
These steps will take into account the informed consent of the person deprived of liberty and penitentiary regulations.
...
These programs will cater to persons deprived of their liberty, including both convicted and accused individuals, members of the General Staff of the FARC-EP:
Commander Gentil Duarte Bloc, Commander Jorge Suárez Briceño Bloc, and Front Commander Raúl Reyes.
...
This process, if feasible, will always respect the will and autonomy of each person deprived of liberty, respecting the penitentiary regulations and the security rules established by the penitentiary authority.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: The Peace Dialogues Table have approved the following Agreements proposed by the Joint Legal Commission:
1. Initiate the necessary arrangements with the competent authorities for the relocation and care of the most seriously ill and prioritised members of the General Staff of the Blocs Commander Gentil Duarte and Commander Jorge Suárez Briceño and Front Commander Raúl Reyes FARC-EP who are deprived of their liberty, in accordance with the consolidated list determined by the CJM, in order to guarantee comprehensive care for their health, with the aim of respecting their human dignity.
These steps will take into account the informed consent of the person deprived of liberty and penitentiary regulations.
...
3. The CJM will work, manage and evaluate with the competent entities, the viability of the relocation of those deprived of liberty who belong to the General Staff of the Blocs Commander Gentil Duarte and Commander Jorge Suárez Briceño and the Front Commander Raúl Reyes FARC-EP to be relocated to the prisons of Villavicencio, Cúcuta and Bellavista.
This process, if feasible, will always respect the will and autonomy of each person deprived of liberty, respecting the penitentiary regulations and the security rules established by the penitentiary authority.
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
The Peace Dialogues Table have approved the following Agreements proposed by the Joint Legal Commission:
...
5. The Joint Legal Commission commits to analyse the document titled “Draft law on penitentiary law” presented by the General Staff of the Blocs Commander Gentil Duarte and Commander Jorge Suárez Briceño and Front Commander Raúl Reyes FARC-EP.
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: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: Bogotá D.C., 14 of July of 2024.
...
[Signature, no name]
Delegate of the Special
Representative of the United
Nations in Colombia
Other international signatory: Bogotá D.C., 14 of July of 2024.
...
Philipp Lustenberger
Swiss Confederatiom
Humberto M. Shikiya
Word Council of Churches
[Signature, no name]
Norway
[Signature, no name]
Ireland
Edelma Gomez
MAPP-OEA
...
Armando Franchi
Representative of the Bolivarian
Republic of Venezuela
...
[Signature, no name]
Delegation of the of European Union
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.

JOINT LEGAL COMMISSION AGREEMENT

V CYCLE OF THE PEACE DIALOGUES TABLE BETWEEN THE NATIONAL GOVERNMENT AND THE GENERAL STAFF OF THE BLOCS COMMANDER GENTIL DUARTE AND COMMANDER JORGE SUAREZ BRICEÑO AND FRONT COMMANDER RAUL REYES FARC-EP

The Peace Dialogues Table have approved the following Agreements proposed by the Joint Legal Commission:

1. Initiate the necessary arrangements with the competent authorities for the relocation and care of the most seriously ill and prioritised members of the General Staff of the Blocs Commander Gentil Duarte and Commander Jorge Suárez Briceño and Front Commander Raúl Reyes FARC-EP who are deprived of their liberty, in accordance with the consolidated list determined by the CJM, in order to guarantee comprehensive care for their health, with the aim of respecting their human dignity.

These steps will take into account the informed consent of the person deprived of liberty and penitentiary regulations.

2. Arrangements will be made with INPEC, the Ministry of Information Technology and Communications, the Ministry of National Education, and the Ministry of Justice to implement free educational programs in confinement centers.

These programs will cater to persons deprived of their liberty, including both convicted and accused individuals, members of the General Staff of the FARC-EP:

Commander Gentil Duarte Bloc, Commander Jorge Suárez Briceño Bloc, and Front Commander Raúl Reyes.

The necessary resources for the development of these educational initiatives will also be provided.

3. The CJM will work, manage and evaluate with the competent entities, the viability of the relocation of those deprived of liberty who belong to the General Staff of the Blocs Commander Gentil Duarte and Commander Jorge Suárez Briceño and the Front Commander Raúl Reyes FARC-EP to be relocated to the prisons of Villavicencio, Cúcuta and Bellavista.

This process, if feasible, will always respect the will and autonomy of each person deprived of liberty, respecting the penitentiary regulations and the security rules established by the penitentiary authority.

4. An extension of the topics covered by the CJM will be possible, and the CJM will focus on discussions regarding criminal policy, penal policy, crime prevention, penitentiary policy, and any other topics decided upon, in line with the dialogue agenda and the decisions of the Peace Dialogues Table.

5. The Joint Legal Commission commits to analyse the document titled “Draft law on penitentiary law” presented by the General Staff of the Blocs Commander Gentil Duarte and Commander Jorge Suárez Briceño and Front Commander Raúl Reyes FARC-EP.

6. The international community will be depositary of the documents of the Joint Legal Commission, as well as of the information collected in the carceral visits that are carried out in accordance with the provisions of the Agreement on the joint legal committee and security guarantees of 10 March 2024 and a copy of which will always be available in the Office of the Peace Commissioner Advisor.

7. The parties are grateful for the accompaniment, management and technical support provided by the Joint Legal Commission, by the Special Representative of the General Secretary of the United Nations in Colombia, as well as from the Mission to Support the Peace Process MAPP-OEA, the Episcopal Conference of Colombia and the World Council of Churches.

Bogotá D.C., 14 of July of 2024.

[Translation of the handwritten signature blocks page 2]

Camilo González Posso

Coordinator of the

Delegation of the Nat.

Gov.

Leopoldo Durán G.

Coordinator of the delegation FARC-EP

Oscar Salazar – Deleg.

Gov.

Gloria Quinceno

Delegation Government

José Tomás Ojeda Soleimani

Delegado FARC-EP

[Illegible name]

Delegation government

Cipriano Cortes

Delegation FARC-EP

Carlos J. Murgas

Delegate National Gov.

Caicedo Rios

Delegation FARC-EP

[Illegible name]

Delegation government

Luz Dary L.

Delegation government

[Only a signature, no name]

Delegation Government

[Translation of the handwritten title and signature blocks page 3]

Agreement joint legal commission continuation.

Philipp Lustenberger

Swiss Confederatiom

Humberto M. Shikiya

Word Council of Churches

[Signature, no name]

Norway

[Signature, no name]

Ireland

Edelma Gomez

MAPP-OEA

Camila Forero García

Episcopal Conference of Colombia

Armando Franchi

Representative of the Bolivarian

Republic of Venezuela

[Signature, no name]

Delegate of the Special

Representative of the United

Nations in Colombia

[Signature, no name]

Delegation of the of European Union

Acuerdo Comisión Jurídica Mixta

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Source agreement