Acciones y Dinámicas Humanitarias en las Zonas Críticas

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Country/entity: Colombia
Region: Americas
Agreement name: Acciones y Dinámicas Humanitarias en las Zonas Críticas
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 Delegation of the Republic of Colombia:

Vera Grabe Loewenherz (Head of Government Delegation)
Otty Patiño (Peace Commissioner Counselor)
Iván Cepeda Castro
Rosmery Quintero Castro
Rodrigo Botero García
Adelaida Jiménez Cortés

Delegation of the National Liberation Army (ELN):

Pablo Beltrán (Head of the ELN Delegation)
Aureliano Carbonell
Bernardo Téllez
Consuelo Tapias
Gustavo Martínez
Isabel Torres [no signature noted]
Third parties: Guarantor Countries:

Glivânia Maria de Oliveira (Federal Republic of Brazil)
Alejandro Malmierca Castaño (Republic of Cuba)
Jon Otto Brodholt (Kingdom of Norway)

Permanent Companions:

Carlos G. Ruiz Massieu (Special Representative of the Secretary-General of the United Nations in Colombia)
Mgr. Héctor Fabio Henao Gaviria (Delegate for Church-State Relations, CEC)

Observer:

Maj. Gen. Hugo Alejandro Lopez Barreto (Military Forces)

Bg. William Oswaldo Rincón Zambrano (National Police) [no signature noted]
Description: Agreement establishes a permanent Humanitarian Commission composed of two delegates from each party to implement humanitarian actions across eight designated Critical Areas in Colombia. The agreement provides for humanitarian protection mechanisms for civilian populations, promotes social monitoring through networking of ethnic authorities and human rights organizations, and schedules joint verification visits with guarantor countries. Additionally, it designates a National Government liaison to address paramilitarism-related humanitarian situations and recognizes ongoing work on humanitarian actions in prisons through a high-level commission.

Agreement document: CO_231217_Acciones_y_Dinámicas_Humanitarias_en_las_Zonas_Críticas_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_231217_Acciones y Dinámicas Humanitarias en las Zonas Críticas (opens in new tab)| Download PDF
Source of document: https://www.consejeriacomisionadadepaz.gov.co/dialogos-eln/Documents/ACUERDO%2020.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
4. Social monitoring, “understood as the dynamic of networking of ethnic authorities, social organisations, and local, regional, and national human rights organisations with capacity, work, and roots in the territories” (Protocol on Social Monitoring and Humanitarian Protection Mechanisms, July 13, 2023), will be promoted and strengthened in each of the Critical Areas defined previously.
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: 4. Social monitoring, “understood as the dynamic of networking of ethnic authorities, social organisations, and local, regional, and national human rights organisations with capacity, work, and roots in the territories” (Protocol on Social Monitoring and Humanitarian Protection Mechanisms, July 13, 2023), will be promoted and strengthened in each of the Critical Areas defined previously.
Traditional/religious leaders: 4. Social monitoring, “understood as the dynamic of networking of ethnic authorities, social organisations, and local, regional, and national human rights organisations with capacity, work, and roots in the territories” (Protocol on Social Monitoring and Humanitarian Protection Mechanisms, July 13, 2023), will be promoted and strengthened in each of the Critical Areas defined previously.
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: 7. Regarding the humanitarian actions and dynamics agreed upon for prisons, we recognise the results of the work and reaffirm the work of the high-level commission, which includes the participation of the Ministry of Justice, the INPEC, the USPEC, the OACP, and delegates and advisors from the parties to the Peace Dialogue Table.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
1. The permanent Humanitarian Commission of the Peace Dialogue Table is officially established, composed of two delegates from each party.
The Humanitarian Commission is expected to meet shortly to define its Action Plan.
All actions defined by the Humanitarian Commission to be carried out in Critical Areas will be directed by the Peace Dialogue Table and coordinated with the Oficina del Consejero Comisionado para la Paz [Office of the Commissioner for Peace] and the necessary national, regional, and local bodies.
2. The following areas are ratified and established as Critical Areas, taking into account the criteria and forms of humanitarian action of Agreement 13:
- Bajo Calima and San Juan
- Baudó, Chocó
- Bajo Cauca Antioquia
- Buenaventura, Dagua and Cali
- Northeastern Antioquia
- Southern Bolívar
- Department of Nariño
- Naya, Valle de Cauca
The Table will take all necessary measures to carry out humanitarian actions in the critical areas.
...
3. Humanitarian Protection Mechanisms will be defined and implemented for the communities in each of the Critical Areas.
These humanitarian protection mechanisms are specific agreements between the parties to create favourable conditions for the civilian population.
The parties will coordinate, through the Humanitarian Commission, all the actions defined in the action plans.
...
5. Joint visits to the Critical Areas will be scheduled with delegates from the parties to the Peace Dialogue Table, and guarantor and accompanying countries, as well as permanent companions, will be invited to verify the humanitarian situation in the territories.
As a result of the various visits, joint reports will be prepared containing, among other aspects, diagnoses of the humanitarian situation and recommendations.
6. The National Government will designate a person as a direct liaison with the communities to receive and process information regarding humanitarian situations related to any form of paramilitarism.
This information will be presented to the Humanitarian Commission and the Minister of National Defence.
The Humanitarian Commission will conduct the corresponding follow-up.
7. Regarding the humanitarian actions and dynamics agreed upon for prisons, we recognise the results of the work and reaffirm the work of the high-level commission, which includes the participation of the Ministry of Justice, the INPEC, the USPEC, the OACP, and delegates and advisors from the parties to the Peace Dialogue Table.
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: 6. The National Government will designate a person as a direct liaison with the communities to receive and process information regarding humanitarian situations related to any form of paramilitarism.
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: 7. Regarding the humanitarian actions and dynamics agreed upon for prisons, we recognise the results of the work and reaffirm the work of the high-level commission, which includes the participation of the Ministry of Justice, the INPEC, the USPEC, the OACP, and delegates and advisors from the parties to the Peace Dialogue Table.
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: Permanent Companions
Carlos G. Ruiz Massieu, Special Representative of the Secretary-General of the United Nations in Colombia
Other international signatory: Glivânia Maria de Oliveira, Federal Republic of Brazil
Alejandro Malmierca Castaño, Republic of Cuba
Jon Otto Brodholt, Kingdom of Norway
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.

HUMANITARIAN ACTIONS AND DYNAMICS IN CRITICAL AREAS

Taking into account Agreement 3 on Humanitarian Actions and Dynamics, the partial Agreement on Emergency Response within the framework of Humanitarian Actions and Dynamics of December 12, 2022, and Agreements 12 on the Political and Conceptual Framework of Humanitarian Actions and Dynamics and 13 on Critical or Humanitarian Crisis Areas;

regarding the implementation of Critical Areas and Humanitarian Actions and Dynamics, the Government of the Republic of Colombia and the National Liberation Army (ELN) agree to the following:

1. The permanent Humanitarian Commission of the Peace Dialogue Table is officially established, composed of two delegates from each party.

The Humanitarian Commission is expected to meet shortly to define its Action Plan.

All actions defined by the Humanitarian Commission to be carried out in Critical Areas will be directed by the Peace Dialogue Table and coordinated with the Oficina del Consejero Comisionado para la Paz [Office of the Commissioner for Peace] and the necessary national, regional, and local bodies.

2. The following areas are ratified and established as Critical Areas, taking into account the criteria and forms of humanitarian action of Agreement 13:

- Bajo Calima and San Juan

- Baudó, Chocó

- Bajo Cauca Antioquia

- Buenaventura, Dagua and Cali

- Northeastern Antioquia

- Southern Bolívar

- Department of Nariño

- Naya, Valle de Cauca

The Table will take all necessary measures to carry out humanitarian actions in the critical areas.

The designated areas will be addressed with the corresponding specificities.

For the specific case of the Critical Area of Bajo Calima and San Juan, the inter-institutional and community actions defined in compliance with Agreement 13 will continue to be developed.

3. Humanitarian Protection Mechanisms will be defined and implemented for the communities in each of the Critical Areas.

These humanitarian protection mechanisms are specific agreements between the parties to create favourable conditions for the civilian population.

The parties will coordinate, through the Humanitarian Commission, all the actions defined in the action plans.

4. Social monitoring, “understood as the dynamic of networking of ethnic authorities, social organisations, and local, regional, and national human rights organisations with capacity, work, and roots in the territories” (Protocol on Social Monitoring and Humanitarian Protection Mechanisms, July 13, 2023), will be promoted and strengthened in each of the Critical Areas defined previously.

5. Joint visits to the Critical Areas will be scheduled with delegates from the parties to the Peace Dialogue Table, and guarantor and accompanying countries, as well as permanent companions, will be invited to verify the humanitarian situation in the territories.

As a result of the various visits, joint reports will be prepared containing, among other aspects, diagnoses of the humanitarian situation and recommendations.

6. The National Government will designate a person as a direct liaison with the communities to receive and process information regarding humanitarian situations related to any form of paramilitarism.

This information will be presented to the Humanitarian Commission and the Minister of National Defence.

The Humanitarian Commission will conduct the corresponding follow-up.

7. Regarding the humanitarian actions and dynamics agreed upon for prisons, we recognise the results of the work and reaffirm the work of the high-level commission, which includes the participation of the Ministry of Justice, the INPEC, the USPEC, the OACP, and delegates and advisors from the parties to the Peace Dialogue Table.

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

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

Signed by:

Government Delegation of the Republic of Colombia,

Vera Grabe Loewenherz

Head of Government Delegation

Otty Patiño

Peace Commissioner Counselor

Iván Cepeda Castro

Rosmery Quintero Castro

Rodrigo Botero García

Adelaida Jiménez Cortés

Delegation of the National Liberation Army,

Pablo Beltrán

Head of the ELN Delegation

Aureliano Carbonell

Bernardo Téllez

Consuelo Tapias

Gustavo Martínez

Isabel Torres

[no signature]

As a Military Forces Observer:

Maj. Gen. Hugo Alejandro Lopez Barreto

As Observer for the National Police

[no signature]

Bg. William Oswaldo Rincón Zambrano

Glivânia Maria de Oliveira, Federal Republic of Brazil

Alejandro Malmierca Castaño, Republic of Cuba

Jon Otto Brodholt, Kingdom of Norway

Permanent Companions

Carlos G. Ruiz Massieu, Special Representative of the Secretary-General of the United Nations in Colombia

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