Acta Formalizacion Garantes

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Country/entity: Colombia
Region: Americas
Agreement name: Acta Formalizacion Garantes
Date: 10 Oct 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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Colombia VII - Petro Peace Dialogues with FARC-EP
Parties: Carlos Eduardo Martínez Mendoza - Ambassador of the Bolivarian Republic of Venezuela
Louise Wilson - Deputy Head of Mission, Embassy of Ireland
Phillip Lustenberger - Special Envoy, Swiss Confederation
Dag Nagoda - Minister Counsellor, Embassy of the Kingdom of Norway
Third parties: -
Description: This agreement formalizes the role of four international guarantors (Venezuela, Ireland, Switzerland and Norway) for peace dialogues between the Colombian government and FARC-EP. The guarantors agree to 12 specific functions including witnessing agreements, providing political support, promoting compliance, and offering good offices during crises. The agreement was signed in Tibú, Norte de Santander establishing the framework for international oversight of the peace process.

Agreement document: CO_241016_Formalisation Of Guarantors Act_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_241016_Acta Formalicazion Garantes (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: Guarantors agree to perform the following functions:
...
7. In the case of being required by the parties, accompany the transfer of delegations as available.
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: 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: No specific mention.
Other international signatory: Signed by the acceptors:
Carlos Eduardo Martínez Mendoza, Embassador of the Bolivarian Republic of Venezuela
Louise Wilson, Deputy Head of Mission, Embassy of Ireland
Phillip Lustenberger, Special Envoy, Swiss Confederation,
Dag Nagoda, Minister Counsellor, Embassy of the Kingdom of Norway
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Guarantors agree to perform the following functions:
...
3. Provide political support to the development of the Peace Dialogues Table and implementation of the agreements.
...
5. Promote compliance with the agreements between the parties.
6. To protect the development of the Peace Dialogues Table.
...
8. Maintain bilateral relations with the two parties.
9. Provide good offices in times of crisis or dispute.
10. Support the dialogue and implementation process and cooperate with technical and/or economic assistance in areas identified by the parties according to their capacities.
11. Engage with other representatives of the international community to strengthen support for the Peace Dialogues Table and implementation of the agreements.
Related cases: No specific mention.
Source: No specific mention.

PEACE DIALOGUES TABLE BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE CENTRAL GENERAL STAFF OF THE FARC-EP

FORMALISATION OF GUARANTORS ACT

By this document the following guests invited by the Table of Peace Dialogues accept to participate as guarantors:

• Bolivarian Republic of Venezuela

• Ireland

• Swiss Confederation

• Kingdom of Norway

Guarantors agree to perform the following functions:

1. Act as depositaries and witnesses to the agreements reached.

2. To have a permanent presence at the Peace Dialogues Table according to availability.

3. Provide political support to the development of the Peace Dialogues Table and implementation of the agreements.

4. Provide recommendations for the development of the agenda and the process at the request of both parties.

5. Promote compliance with the agreements between the parties.

6. To protect the development of the Peace Dialogues Table.

7. In the case of being required by the parties, accompany the transfer of delegations as available.

8. Maintain bilateral relations with the two parties.

9. Provide good offices in times of crisis or dispute.

10. Support the dialogue and implementation process and cooperate with technical and/or economic assistance in areas identified by the parties according to their capacities.

11. Engage with other representatives of the international community to strengthen support for the Peace Dialogues Table and implementation of the agreements.

12. Other responsibilities at the request of both parties upon acceptance.

Signed in Tibú, Norte de Santander, on 16 October 2023.

Signed by the acceptors:

Carlos Eduardo Martínez Mendoza, Embassador of the Bolivarian Republic of Venezuela

Louise Wilson, Deputy Head of Mission, Embassy of Ireland

Phillip Lustenberger, Special Envoy, Swiss Confederation,

Dag Nagoda, Minister Counsellor, Embassy of the Kingdom of Norway