Acta de Compromiso entre el Gobierno Nacional y el EPL

Country/entity
Colombia
Region
Americas
Agreement name
Acta de Compromiso entre el Gobierno Nacional y el EPL
Date
10/01/1991
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.

Colombian Conflict (1964 - ) )
Stage
Implementation/renegotiation (Implementation modalities)
Conflict nature
Government
Peace process
97: Colombia I - Gaviria
Parties
Memorandum which is not signed, but stated to be the document of the National Government and the EPL
Third parties
Description
This document has for goal to define a series of tasks for the government and the EPL to fulfil until March 1, 1991 as the initiation of a pre-agreement development. They agree not to make public statements on the topics included in this document until the process is completed, and to include the Catholic Church and international inspectors as observers (‘verificación’) who will evaluate the implementation of the process of compromise as agreed in this document by March 1. The compromise document builds on previous agreements. It includes reinsertion (incl. education, employment projects, citizen projects) as part of pre-agreement transition, culture and recreation, guarantees (incl. publication of the process document in 5 national newspapers (1 page), TV programme, establishment of 5 ‘casas de la paz’, joint press conference with international media representatives in Feb, a conference for combatants in one of the camps – incl. guarantees for safe journey there and back), regional planning, human rights (incl. foundation for the support of families of victims of the violence) inter alia.

Agreement document
CO_910110_ACTA DE COMPROMISO ENTRE EL GOBIERNO NACIONAL Y EL EPL -tr.pdf []

Agreement document (original language)
CO_910110_ACTA DE COMPROMISO ENTRE EL GOBIERNO NACIONAL Y EL EPL.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
age 4, 8. Human Rights,

a. The bilateral commission must undertake a mapping of the regions of influence and possible locations for holding fora.
b. The commission will set out a timeline of actions to be carried out, including the project for funding them.
c. In coordination with the foundation to support for family members of the victims of violence, the commission will define a programme of actions to be carried out.

State definition

State definition
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 3, 5. Spokespeople,
The government will provide support from the respective sectional governments for the handling of national EPL spokespeople at regional fora arranged by various political and social organisations, including EPL.
Traditional/religious leaders
Page 1, 1. Considerations, Article 2,
In light of the above, this memorandum of commitment is subject to the verification of the church as spiritual tutor of the negotiation process and by a member of the international monitor when it is established. This group may also be expanded to include a representative of a national body agreed by the parties.

Page 1, 1. Considerations, Article 3,
For verification, the church will be represented by Monsignor Rodrigo Escobar and Monsignor Guillermo Vega and the international monitor will be represented by the person who is appointed or a national monitor agreed by the parties.
Public administration
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
age 4, 8. Human Rights,

a. The bilateral commission must undertake a mapping of the regions of influence and possible locations for holding fora.
b. The commission will set out a timeline of actions to be carried out, including the project for funding them.
c. In coordination with the foundation to support for family members of the victims of violence, the commission will define a programme of actions to be carried out.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 3, Promotion and Guarantees
[...]
e. Conference of combatants: in line with the preliminary agreement, the government will provide guarantees for a conference of combatants in the Juan José camp. It will guarantee the means for the return transport of the delegates from each camp.
Detention procedures
No specific mention.
Media and communication
Media roles
Page 1, Article 4,
No government official or EPL member will be entitled to make public declarations regarding compliance with the matters set out herein.

Page 3, Promotion and Guarantees
[...]
b. Television: between 15 and 28 February, one programme per camp will be broadcast on the spot of the National Restoration Plan Amarillo, Azul, Rojo.
[...]
d. Press: There will be a joint meeting in Bogota with the international press in the first week of February. The government will manage the publication of an account in the magazine Semana.
[...]
Citizenship
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
Socio-economic development
Page 4, 7. Regional Plans,
a. The bilateral commission will define the municipalities in which the regional plans will be implemented.
b. The government will provide the EPL members of the bilateral commission with the necessary information on the development plans and existing specific programmes for a diagnostic to determine the scope of the proposal for each region. //socio-economic reconstruction
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
Tangible
Page 2-3, 3. Culture and Leisure,
a. Cultural activities: at each camp there will be a culture week to be coordinated with the sectional governments.
[...]
Environment
No specific mention.
Water or riparian rights or access
Page 1-2, 1. Considerations, Commitments,
[...]
b. Water service: contracts will be put in place for the permanent supply of water for camps in Pueblo Nuevo and Arenas.
[...]

Security sector

Security Guarantees
Page 3-4, 6. Security,
Immediately agree the security plan and implement the aspects not subject to the surrender of arms.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
DDR programmes
Page 1-2, 1. Considerations, Commitments,
a. Housing: all camps will be provided with tents or barracks and bunks.
b. Water service: contracts will be put in place for the permanent supply of water for camps in Pueblo Nuevo and Arenas.
c. Health: permanent medical attention will be provided and a full day will be designated for dental care at all camps.
d. Clothing: a full change of clothing will be provided as was established by a bilateral commission created for this purpose.

Page 2, 2. Reinsertion,
The transition phase established in the preliminary agreement will begin.
a. Foundation: once the relevant documentation has been submitted by EPL, the government will make the legal arrangements for the constitution of the foundation to manage resources on behalf of EPL.
b. Formal education: the government will publish the textbook and manual for teaching literacy once the material has been provided by EPL. Camps will be provided with the necessary school equipment for literacy teaching based on a survey carried out for this purpose.
c. Primary education: the government will carry out design and assembly work for primary education once it has information on who requires this programme, which will be provided by the results of the reinsertion survey.
d. Training for productive projects: the survey will be used to design the various training programmes based on the joint work of two representatives from both parties. Insofar as possible, activities will commence in the camps. //socio-economic reconstruction
e. Training for public participation: the government will arrange courses on Colombian institutions for designated groups at each of the camps.

Page 2-3, 3. Culture and Leisure,
a. Cultural activities: at each camp there will be a culture week to be coordinated with the sectional governments.
b. Leisure implements: before 20 January, a volleyball ball and net, two footballs, two basketballs, five chess sets and five domino sets will be provided per camp. Five gifts for children will also be provided to be distributed among the camps.

Page 3, Promotion and Guarantees
[...]
c. Houses of Peace (Casas de la Paz): the foundation will make arrangements for the opening of five houses. In Bogota, the national government will contact the mayor to have the site in place as soon as possible.
[...]
e. Conference of combatants: in line with the preliminary agreement, the government will provide guarantees for a conference of combatants in the Juan José camp. It will guarantee the means for the return transport of the delegates from each camp.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 3, Promotion and Guarantees
[...]
e. Conference of combatants: in line with the preliminary agreement, the government will provide guarantees for a conference of combatants in the Juan José camp. It will guarantee the means for the return transport of the delegates from each camp.

Page 3, 5. Spokespeople,
The government will provide support from the respective sectional governments for the handling of national EPL spokespeople at regional fora arranged by various political and social organisations, including EPL.

Page 4, 9 Constitutional Meeting,
The Presidential Council will make arrangements with the Ministry of the Interior to arrange a meeting with EPL, the national government and group leaders of the National Constitutional Assembly.
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
Page 4, 8. Human Rights,
[...]
c. In coordination with the foundation to support for family members of the victims of violence, the commission will define a programme of actions to be carried out.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 1, 1. Considerations, Article 2,
In light of the above, this memorandum of commitment is subject to the verification of the church as spiritual tutor of the negotiation process and by a member of the international monitor when it is established. This group may also be expanded to include a representative of a national body agreed by the parties.

Page 1, 1. Considerations, Article 5,
The verification group will carry out permanent non-public evaluations to stimulate compliance with the agreed terms. It will also conduct a final evaluation of overall compliance with this memorandum of commitment on 1 March.

The University of Edinburgh