Acuerdo sobre la Creación y Puesta en Marcha de un Observatorio sobre las Formas del Paramilitarismo

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo sobre la Creación y Puesta en Marcha de un Observatorio sobre las Formas del Paramilitarismo
Date: 17 Dec 2023
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 ELN
Parties: Government of the Republic of Colombia Delegation:

Vera Grabe Loewentherz - Head of Government Delegation
Otty Patiño - Peace Commissioner
Iván Cepeda Castro
Rosmery Quintero Castro
Rodrigo Botero García
Adelaida Jiménez Cortés
José Félix Lafaurie Rivera

National Liberation Army (ELN) Delegation:

Pablo Beltrán - Head of ELN Delegation
Aureliano Carbonell
Bernardo Téllez
Consuelo Tapias
Gustavo Martínez
Isabel Torres
Ernesto Alzate - As ELN Advisor
Third parties: ELN Advisors:
Horacio Guerrero García
Nicolás Rodríguez

Peace Managers:
Orlando Romero Reyes
Violeta Arango

Armed Forces Observer:
Mg. Hugo Alejandro López Barreto

National Police Observer:
Bg. William Oswaldo Rincón Zambrano

Guarantor Countries Representatives:

Glivânia Maria de Oliveira - Federative Republic of Brazil
José Luis Paine - Republic of Chile
Alejandro Malmierca Castaño - Republic of Cuba
Roberto de León - United Mexican States
Jon Otto Brødholt - Kingdom of Norway
Juan Carlos Jiménez Riera - Bolivarian Republic of Venezuela

Permanent Accompaniers:

Carlos G. Ruiz Massieu - Special Representative of the UN Secretary-General in Colombia
Msgr. Héctor Fabio Henao Gaviria - Delegate for Church-State Relations, Episcopal Conference of Colombia (CEC)
Description: This agreement establishes an Observatory to monitor and study all forms of paramilitarism in Colombia as part of the broader peace dialogue between the Government and the ELN. The Observatory will be coordinated by representatives from both parties and will systematically produce information, analysis, and recommendations aimed at the eradication and prevention of paramilitarism. The Observatory will operate with support from the UN and the Episcopal Conference of Colombia, maintaining autonomy in information management while working under the guidance of the Dialogue Table.

Agreement document: CO_231217_Acuerdo_sobre_la_Creación_y_Puesta_en_Marcha_de_un_Observatorio_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_231217_Acuerdo sobre la Creación y Puesta en Marcha de un Observatorio sobre las Formas del Paramilitarismo (opens in new tab)| Download PDF
Source of document: https://www.consejeriacomisionadadepaz.gov.co/dialogos-eln/Documents/ACUERDO%2017.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: Groups→Racial/ethnic/national group→Rhetorical
The Table of Dialogues for Peace will select its members, ensuring a diverse and pluralistic composition representing various social, academic, trade union and ethnic groups.
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 Table of Dialogues for Peace will select its members, ensuring a diverse and pluralistic composition representing various social, academic, trade union and ethnic groups.
Traditional/religious leaders: It will have the support of the UN and the Episcopal Conference of Colombia.
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: 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: 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: 1. Create an Observatory that has as its objective to establish the different forms of paramilitarism, conducting objective and up-to-date studies and research on all forms of paramilitarism as an expression of armed conflict, focusing on observations of reality that allow measures to be taken for its eradication, overcoming and non-repetition.
2. To this end, it will systematically produce:
a. Information and knowledge on the subject of observation.
b. Newsletters.
c. Situation maps.
d. Analysis panels.
e. Prospective reports.
f. Prevention and protection instruments.
g. Recommendations to the Table of Dialogues for Peace.
3. The Observatory will be formed and led by the Table of Dialogues for Peace through a coordinating body composed of three delegates from each party.
In addition, it will have a degree of autonomy and independence in the management and reporting of information and its products, working in coordination with the coordinating body.
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: • Carlos G. Ruiz Massieu - Special Representative of the UN Secretary-General in Colombia
Other international signatory: • Glivânia Maria de Oliveira - Federative Republic of Brazil
• José Luis Paine - Republic of Chile
• Alejandro Malmierca Castaño - Republic of Cuba
• Roberto de León - United Mexican States
• Jon Otto Brødholt - Kingdom of Norway
• Juan Carlos Jiménez Riera - Bolivarian Republic of Venezuela
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.

Agreement No.

AGREEMENT ON THE CREATION AND IMPLEMENTATION OF AN OBSERVATORY ON FORMS OF PARAMILITARISM

The Government of the Republic of Colombia and the National Liberation Army - ELN agree on the following with regard to point 5.3 of the Mexico Agenda:

1. Create an Observatory that has as its objective to establish the different forms of paramilitarism, conducting objective and up-to-date studies and research on all forms of paramilitarism as an expression of armed conflict, focusing on observations of reality that allow measures to be taken for its eradication, overcoming and non-repetition.

2. To this end, it will systematically produce:

a. Information and knowledge on the subject of observation.

b. Newsletters.

c. Situation maps.

d. Analysis panels.

e. Prospective reports.

f. Prevention and protection instruments.

g. Recommendations to the Table of Dialogues for Peace.

3. The Observatory will be formed and led by the Table of Dialogues for Peace through a coordinating body composed of three delegates from each party.

The Table of Dialogues for Peace will select its members, ensuring a diverse and pluralistic composition representing various social, academic, trade union and ethnic groups.

It will have the support of the UN and the Episcopal Conference of Colombia.

In addition, it will have a degree of autonomy and independence in the management and reporting of information and its products, working in coordination with the coordinating body.

Mexico City, Inter-American Conference on Social Security, 17 December 2023.

Signed,

Government of the Republic of Colombia Delegation

1. Vera Grabe Loewentherz - Head of Government Delegation

2. Otty Patiño - Peace Commissioner

3. Iván Cepeda Castro

4. Rosmery Quintero Castro

5. Rodrigo Botero García

6. Adelaida Jiménez Cortés

7. José Félix Lafaurie Rivera

National Liberation Army Delegation

1. Pablo Beltrán - Head of ELN Delegation

2. Aureliano Carbonell

3. Bernardo Téllez

4. Consuelo Tapias

5. Gustavo Martínez

6. Isabel Torres

7. Ernesto Alzate - As ELN Advisor

As ELN Advisors:

• Horacio Guerrero García

• Nicolás Rodríguez

As Peace Manager:

• Orlando Romero Reyes

• Violeta Arango

As Observer of the Armed Forces:

• Mg. Hugo Alejandro López Barreto

As Observer of the National Police:

• Bg. William Oswaldo Rincón Zambrano

As Witnesses and Depositaries - Guarantor Countries:

• Glivânia Maria de Oliveira - Federative Republic of Brazil

• José Luis Paine - Republic of Chile

• Alejandro Malmierca Castaño - Republic of Cuba

• Roberto de León - United Mexican States

• Jon Otto Brødholt - Kingdom of Norway

• Juan Carlos Jiménez Riera - Bolivarian Republic of Venezuela

Permanent Accompaniers:

• Carlos G. Ruiz Massieu - Special Representative of the UN Secretary-General in Colombia

• Msgr.

Héctor Fabio Henao Gaviria - Delegate for Church-State Relations, CEC