Acuerdo Nro. 2 - Búsqueda de Personas Dadas por Desaparecidas en el Territorio - Mesa para la Co-construcción de Paz Territorial en Nariño

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo Nro. 2 - Búsqueda de Personas Dadas por Desaparecidas en el Territorio - Mesa para la Co-construcción de Paz Territorial en Nariño
Date: 17 Oct 2024
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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 Comuneros del Sur (Nariño Regional Process)
Parties: National Government Delegation:

Carlos Erazo - Head of the National Government Team
Clemencia Carabalí - Representative National Government
Andrei Gómez-Suárez - Representative National Government
Angela María Robledo Gómez - Representative National Government
Pablo Pardo Velasco - Representative National Government

Southern Comuneros Delegation:

Royer Garzón Alvarado - Representative Southern Comuneros
Antonio Ovallos - Representative Southern Comuneros
Segundo Andrés Obregón - Representative Southern Comuneros
Third parties: Accompanying Persons (witnesses/supporters):

Reina Buijs - Ambassador of the Kingdom of the Netherlands to Colombia
Florencia Riveros - Delegate MAPP-OEA, Organisation of American States
Padre Paulo Verdugo - Episcopal Conference of Colombia

Acknowledgements (entities supporting the process):

Search Unit for Missing Persons (UBPD)
International Committee of the Red Cross (ICRC)
Government of Nariño
Episcopal Conference of Colombia
Embassy of the Kingdom of the Netherlands
Mission to Support the Peace Process of the Organisation of American States (MAPP-OEA)
Description: The second agreement of the Nariño Territorial-Peace Roundtable creates safeguards and an operational team to search for persons reported missing. It guarantees security and access for search entities and families, forms a 10-member Search Team linked to UBPD, recognises Southern Comuneros as key actors, grants full freedom of movement to the ICRC, and incorporates obligations under Common Article 3 of the Geneva Conventions and the UN Convention on Enforced Disappearance.

Agreement document: CO_241017_Acuerdo_Numero_2_Busqueda_De_Personas_Dadas_Por_Desaparecidas_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_241017_Acuerdo Numero 2 Busqueda De Personas Dadas Por Desaparecidas (opens in new tab)| Download PDF
Source of document: https://www.consejeriacomisionadadepaz.gov.co/MesaCo-ConstruccionPazNari%C3%B1o/Documents/Recursos-documentos/AcuerdoNro.2.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: This agreement, framed within the principles of common Article 3 of the Geneva Conventions, is the result of our commitment to de-escalate violences and alleviate the suffering of victims, especially the families and loved ones of people reported missing.
1. Guarantees in the Search: Southern Comuneros undertakes to ensure that entities, institutions and family members searching for missing persons can carry out their work with all the necessary guarantees, facilitating their work through coordinated activities in the territory.
By joining forces and strengthening collaboration between national, departmental and local government entities, social and victims' organisations, and delegations from the National Government and Southern Comuneros, we reaffirm our commitment to not rest until every missing person is found and every family receives the comfort they deserve.

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: 4. Guarantees for the ICRC: The parties undertake to respect International Humanitarian Law and shall ensure that the International Committee of the Red Cross (ICRC), with its principles of neutrality, impartiality, humanity and independence, can move freely throughout the territory to ensure the implementation of this humanitarian action.
By joining forces and strengthening collaboration between national, departmental and local government entities, social and victims' organisations, and delegations from the National Government and Southern Comuneros, we reaffirm our commitment to not rest until every missing person is found and every family receives the comfort they deserve.
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: The humanitarian provisions contained in the peace agreements, including partial agreements, as well as the protocols signed by the parties at the dialogues table, which are intended to protect the civilian population from armed conflict, as well as those who do not participate directly in hostilities, are part of IHL, in accordance with the provisions of Articles 93 and 94 of the Political Constitution, and shall therefore be binding on the parties."
This Agreement is established as a special mechanism that seeks to guarantee better protection for persons affected by the armed conflict, and is recognised as binding on the parties, in accordance with the provisions of current legislation.
4. Guarantees for the ICRC: The parties undertake to respect International Humanitarian Law and shall ensure that the International Committee of the Red Cross (ICRC), with its principles of neutrality, impartiality, humanity and independence, can move freely throughout the territory to ensure the implementation of this humanitarian action.
Bill of rights/similar: No specific mention.
Treaty incorporation: This agreement, framed within the principles of common Article 3 of the Geneva Conventions, is the result of our commitment to de-escalate violences and alleviate the suffering of victims, especially the families and loved ones of people reported missing.
The common Article 3 of the Geneva Conventions states that “the Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.”
5. Commitment against enforced disappearance: The parties sign this agreement in compliance with paragraph 3 of Article 24 of the International Convention for the Protection of All Persons from Enforced Disappearance, which states that “Each State Party shall take all appropriate measures to search for, locate and release disappeared persons and, in the event of death, to locate, respect and return their remains.”
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: 4. Guarantees for the ICRC: The parties undertake to respect International Humanitarian Law and shall ensure that the International Committee of the Red Cross (ICRC), with its principles of neutrality, impartiality, humanity and independence, can move freely throughout the territory to ensure the implementation of this humanitarian action.
Protection measures: Rights related issues→Protection measures→Protection of civilians
The humanitarian provisions contained in the peace agreements, including partial agreements, as well as the protocols signed by the parties at the dialogues table, which are intended to protect the civilian population from armed conflict, as well as those who do not participate directly in hostilities, are part of IHL, in accordance with the provisions of Articles 93 and 94 of the Political Constitution, and shall therefore be binding on the parties."
Rights related issues→Protection measures→Other
5. Commitment against enforced disappearance: The parties sign this agreement in compliance with paragraph 3 of Article 24 of the International Convention for the Protection of All Persons from Enforced Disappearance, which states that “Each State Party shall take all appropriate measures to search for, locate and release disappeared persons and, in the event of death, to locate, respect and return their remains.”
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: 1. Guarantees in the Search: Southern Comuneros undertakes to ensure that entities, institutions and family members searching for missing persons can carry out their work with all the necessary guarantees, facilitating their work through coordinated activities in the territory.
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: 1. Guarantees in the Search: Southern Comuneros undertakes to ensure that entities, institutions and family members searching for missing persons can carry out their work with all the necessary guarantees, facilitating their work through coordinated activities in the territory.
2. Formation of the Search Team: The Southern Comuneros delegation will form a team of ten people who will energise the process of searching for people reported missing.
3. Recognition of the role of Southern Comuneros: The National Government delegation will promote the recognition of Southern Comuneros as active and decisive actors in the search for missing persons, emphasising their contribution to society and reconciliation.
By joining forces and strengthening collaboration between national, departmental and local government entities, social and victims' organisations, and delegations from the National Government and Southern Comuneros, we reaffirm our commitment to not rest until every missing person is found and every family receives the comfort they deserve.
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: This is a significant step on our path towards peace, which seeks to heal the wounds of the past and build a future where dignity and truth prevail.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: This Agreement is established as a special mechanism that seeks to guarantee better protection for persons affected by the armed conflict, and is recognised as binding on the parties, in accordance with the provisions of current legislation.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: This agreement, framed within the principles of common Article 3 of the Geneva Conventions, is the result of our commitment to de-escalate violences and alleviate the suffering of victims, especially the families and loved ones of people reported missing.
This Agreement is established as a special mechanism that seeks to guarantee better protection for persons affected by the armed conflict, and is recognised as binding on the parties, in accordance with the provisions of current legislation.
By signing this second agreement, we are sending a message of hope to the victims and to society as a whole.
By joining forces and strengthening collaboration between national, departmental and local government entities, social and victims' organisations, and delegations from the National Government and Southern Comuneros, we reaffirm our commitment to not rest until every missing person is found and every family receives the comfort they deserve.
Missing persons: This agreement, framed within the principles of common Article 3 of the Geneva Conventions, is the result of our commitment to de-escalate violences and alleviate the suffering of victims, especially the families and loved ones of people reported missing.
1. Guarantees in the Search: Southern Comuneros undertakes to ensure that entities, institutions and family members searching for missing persons can carry out their work with all the necessary guarantees, facilitating their work through coordinated activities in the territory.
2. Formation of the Search Team: The Southern Comuneros delegation will form a team of ten people who will energise the process of searching for people reported missing.
This team will include a person responsible for communication and liaison with the Search Unit for Missing Persons (UBPD), through the Office of the Peace Commissioner.
To strengthen this effort, the UBPD will conduct theoretical and practical training, for which the training programme and its contents will be sent in advance.
During this training, specific actions will be agreed upon that will enable a collective search exercise, thus ensuring that the team is properly prepared to contribute effectively to this vital process.
3. Recognition of the role of Southern Comuneros: The National Government delegation will promote the recognition of Southern Comuneros as active and decisive actors in the search for missing persons, emphasising their contribution to society and reconciliation.
5. Commitment against enforced disappearance: The parties sign this agreement in compliance with paragraph 3 of Article 24 of the International Convention for the Protection of All Persons from Enforced Disappearance, which states that “Each State Party shall take all appropriate measures to search for, locate and release disappeared persons and, in the event of death, to locate, respect and return their remains.”
By joining forces and strengthening collaboration between national, departmental and local government entities, social and victims' organisations, and delegations from the National Government and Southern Comuneros, we reaffirm our commitment to not rest until every missing person is found and every family receives the comfort they deserve.
Reparations: Transitional justice→Reparations→Symbolic reparations
3. Recognition of the role of Southern Comuneros: The National Government delegation will promote the recognition of Southern Comuneros as active and decisive actors in the search for missing persons, emphasising their contribution to society and reconciliation.
Such actions may be considered as early measures of reparation.
Reconciliation: 3. Recognition of the role of Southern Comuneros: The National Government delegation will promote the recognition of Southern Comuneros as active and decisive actors in the search for missing persons, emphasising their contribution to society and reconciliation.

Implementation

UN signatory: No specific mention.
Other international signatory: Reina Buijs, Ambassador of the Kingdom of the Netherlands to Colombia
Florencia Riveros
Delegate MAPP-OEA
Organisation of American States
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.

Agreement No.

Search for Persons Reported Missing in the Territory

Roundtable for the Co-construction of Territorial Peace in Nariño

The delegations of the National Government and Southern Comuneros, we have reached the second agreement of the Roundtable for the Co-construction of Territorial Peace in Nariño.

This agreement, framed within the principles of common Article 3 of the Geneva Conventions, is the result of our commitment to de-escalate violences and alleviate the suffering of victims, especially the families and loved ones of people reported missing.

The common Article 3 of the Geneva Conventions states that “the Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.”

Additionally, in accordance with paragraph 6 of Article 4 of Law 2272, which modifies Article 6 of Law 418 of 1997, regarding partial agreements, it establishes that "The parties at the dialogues table may agree to enter into partial agreements, when they deem it appropriate, which must be fulfilled in good faith.

The humanitarian provisions contained in the peace agreements, including partial agreements, as well as the protocols signed by the parties at the dialogues table, which are intended to protect the civilian population from armed conflict, as well as those who do not participate directly in hostilities, are part of IHL, in accordance with the provisions of Articles 93 and 94 of the Political Constitution, and shall therefore be binding on the parties."

This Agreement is established as a special mechanism that seeks to guarantee better protection for persons affected by the armed conflict, and is recognised as binding on the parties, in accordance with the provisions of current legislation.

Therefore, we have agreed:

1. Guarantees in the Search: Southern Comuneros undertakes to ensure that entities, institutions and family members searching for missing persons can carry out their work with all the necessary guarantees, facilitating their work through coordinated activities in the territory.

2. Formation of the Search Team: The Southern Comuneros delegation will form a team of ten people who will energise the process of searching for people reported missing.

This team will include a person responsible for communication and liaison with the Search Unit for Missing Persons (UBPD), through the Office of the Peace Commissioner.

To strengthen this effort, the UBPD will conduct theoretical and practical training, for which the training programme and its contents will be sent in advance.

During this training, specific actions will be agreed upon that will enable a collective search exercise, thus ensuring that the team is properly prepared to contribute effectively to this vital process.

3. Recognition of the role of Southern Comuneros: The National Government delegation will promote the recognition of Southern Comuneros as active and decisive actors in the search for missing persons, emphasising their contribution to society and reconciliation.

Such actions may be considered as early measures of reparation.

4. Guarantees for the ICRC: The parties undertake to respect International Humanitarian Law and shall ensure that the International Committee of the Red Cross (ICRC), with its principles of neutrality, impartiality, humanity and independence, can move freely throughout the territory to ensure the implementation of this humanitarian action.

5. Commitment against enforced disappearance: The parties sign this agreement in compliance with paragraph 3 of Article 24 of the International Convention for the Protection of All Persons from Enforced Disappearance, which states that “Each State Party shall take all appropriate measures to search for, locate and release disappeared persons and, in the event of death, to locate, respect and return their remains.”

By signing this second agreement, we are sending a message of hope to the victims and to society as a whole.

This is a significant step on our path towards peace, which seeks to heal the wounds of the past and build a future where dignity and truth prevail.

By joining forces and strengthening collaboration between national, departmental and local government entities, social and victims' organisations, and delegations from the National Government and Southern Comuneros, we reaffirm our commitment to not rest until every missing person is found and every family receives the comfort they deserve.

We would like to thank the Search Unit for Missing Persons (UBPD), the International Committee of the Red Cross (ICRC), the Government of Nariño, and the national and international accompaniment teams, the Episcopal Conference of Colombia, the Embassy of the Kingdom of the Netherlands, and the Mission to Support the Peace Process of the Organisation of American States (MAPP-OEA) for their support in this process.

Their commitment and dedication have been fundamental in advancing the search for truth and strengthening trust between communities and institutions.

Cumbal, 17 October 2024

Signed,

Delegation of the Government of the Republic of Colombia

Southern Comuneros Delegation

Carlos Erazo

Head of the National Government Team

Royer Garzón Alvarado

Representative Southern Comuneros

Clemencia Carabalí

Representative National Government

Antonio Ovallos

Representative Southern Comuneros

Andrei Gómez-Suárez

Representative National Government

Segundo Andrés Obregón

Representative Southern Comuneros

Angela María Robledo Gómez

Representative National Government

Pablo Pardo Velasco

Representative National Government

Accompanying persons

Reina Buijs, Ambassador of the Kingdom of the Netherlands to Colombia

Florencia Riveros

Delegate MAPP-OEA

Organisation of American States

Padre Paulo Verdugo

Episcopal Conference of Colombia

Acuerdo Nro. 2 - Búsqueda de Personas Dadas por Desaparecidas en el Territorio - Mesa para la Co-construcción de Paz Territorial en Nariño

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