Acuerdo General entre el Gobierno Nacional y el Partido Revolucionario de los Trabajadores, Don Gabriel, Ovejas, Sucre

Country/entity
Colombia
Region
Americas
Agreement name
Acuerdo General entre el Gobierno Nacional y el Partido Revolucionario de los Trabajadores, Don Gabriel, Ovejas, Sucre
Date
28/12/1990
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
Framework/substantive - partial (Multiple issues)
Conflict nature
Government
Peace process
97: Colombia I - Gaviria
Parties
Por el Gobierno Nacional,
HUMBERTO DE LA CALLE LOMBANA
Ministro de Gobierno
JESÚS ANTONIO BEJARANO
Consejero Presidencial
CARLOS EDUARDO JARA MILLO
Asesor Consejería
GONZALO DE FRANCISCO
Asesor Consejería
ALVARO HERNANDEZ
Asesor Consejería
GABRIEL RESTREPO
Asesor Consejería

Por el PRT,
VALENTIN GONZALEZ
SERGIO SIERRA
PABLO RONCALLO
RAFAEL GONzALEZ
ERNESTO FALLA
IVAN SUAREZ
Third parties
Witness: Orlando Fals Borda, delegado a la ANC por la lista de la AD M-19
Description
This agreement includes concrete steps of ceasefire including date (Jan 26, 1991) in exchange for a representative in the National Assembly who will seek full membership.
The government declares to establish a presidential delegation office on the Atlantic coast for the defense and promotion of human rights in addition to a commission for human rights on the Atlantic Coast (specifies who will be represented within) which will implement mechanisms for social organisation and the community to learn about the human rights situation of the region.
In exchange of the ceasefire, the government makes political, legal and economic guarantees for the legalisation and reinsertion of the PRT. Bilateral commissions will be established for this purpose.
The PRT calls on other armed groups to follow their example and affirms its contribution to the peace process.

Agreement document
CO_901228_ACUERDO GENERAL ENTRE EL GOBIERNO NACIONAL Y EL PARTIDO REVOLUCIONARIO DE LOS TRABAJADORES - tr.pdf []

Agreement document (original language)
CO_901228_ACUERDO GENERAL ENTRE EL GOBIERNO NACIONAL Y EL PARTIDO REVOLUCIONARIO DE LOS TRABAJADORES.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

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 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
Traditional/religious leaders
Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
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
Page 1, Untitled Preamble,
The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment. The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

Page 2, Article 5,
As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.
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
New or fundamentally revised NHRI
Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
Detention procedures
No specific mention.
Media and communication
No specific mention.
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
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
Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
Armed forces
Page 2, Article 4,

The national government undertakes to create a delegate office of the Presidential Council for the Defence and Promotion of Human Rights for the Atlantic Coast region. It will also create a governmental commission for human rights for the Atlantic coast, comprising the delegate prosecutor for human rights, the governors of the departments of the Atlantic Coast, the commanders of the 2nd and 14th brigades of the army and the first infantry brigade of the navy, a representative of the national police, a representative of the Catholic church and a representative of human rights organisations, appointed by the President of the Republic. This commission will implement mechanisms to allow social organisations and the community in general to access it and make the situation of human rights in the region known.
DDR
DDR programmes
Page 1, Article 2,
PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

Page 1-2, Article 3,
Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

Page 2, Article 5,
As a fundamental part of the surrender of arms, the national government must provide full political, legal and economic guarantees to PRT for its legalisation and reinsertion in civil and political life. Furthermore, as a consequence of the work of the bilateral commissions created by the agreements signed so far, the plans for reinsertion, security, the promotion and defence of human rights, regional development and the monitoring of agreements, in addition to the required economic resources, must be precisely defined before the date of the surrender of arms.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Article 1,
The PRT will have a permanent seat on the National Constitutional Assembly. The form of this participation will be defined before the proceedings for the surrender of arms. In light of the government’s offer of a permanent spokesperson, PRT ratifies its aspiration for its representative to have full rights.

Page 1, Article 2,
PRT announces its decision to surrender arms and begin reinsertion in the political, social and economic life of the country.

Page 1-2, Article 3,
Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.

Page 2, Article 7,
PRT expresses its aspiration for this agreement to contribute to progress in the negotiation processes with EPL and the Quintin Lame Armed Movement (Movimiento Armado Quintín Lame, MAQL) and issues a call to the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and the National Liberation Army (Ejército de Liberación Nacional, ELN) to reach a truce in military operations and show signs of real willingness to achieve peace.
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
Amnesty/pardon proper
Page 1-2, Article 3,
Proceedings for the surrender of arms will take place on 26 January 1991 at the Don Gabriel camp before a commission comprising the group leaders elected to the National Constitutional Assembly, which, in the presence of members of the national government and PRT will dump arms into the Caribbean Sea. Explosives will also be detonated and equipment for the exclusive use of the armed forces will be incinerated. Immediately following the surrender of arms, the national government will provide amnesty to PRT members under the procedure defined in the memorandum of commitment and as established in the decree issued for this purpose.
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
Page 1, Untitled Preamble,
The peace process undertaken by the Revolutionary Workers’ Party (Partido Revolucionario de los Trabajadores, PRT) and the national government, which seeks to find a political solution to the armed conflict and make progress toward the full democratisation of the country, ensure the unrestricted respect for human rights and bring about reconciliation among Colombians, today reaches a defining moment. The ruling of the Supreme Court of Justice ratifying the sovereignty of the National Constitutional Assembly and the result of the elections on 9 December 1990 creates the conditions that make viable a major political change to build a genuine participative democracy in Colombia.

Implementation

UN signatory
No specific mention.
Other international signatory
ORLANDO FALS BORDA
Testigo, delegado a la ANC por la lista de la AD M-19.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 2, Article 6,
The national government and PRT will sign, as a constituent part of this agreement, a memorandum of commitment detailing the commitments and mechanisms to guarantee development of and compliance with the agreed issues.

The University of Edinburgh