Preacuerdo entre el Gobierno Nacional y el MIR-COAR

Country/entity
Colombia
Region
Americas
Agreement name
Preacuerdo entre el Gobierno Nacional y el MIR-COAR
Date
21/01/1997
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
Pre-negotiation/process (Mixed)
Conflict nature
Government
Peace process
98: Colombia II - Samper
Parties
For the national government:
HORACIO SERPA URIBE, Minister of the Interior
DANIEL GARCIA-PEÑA, Peace Commissioner
TOMÁS CONCHA SANZ, Head of the Presidential Reinsertion Programme

For MIR–COAR:
LUIS FERNANDO QUIJANO MORENO
ALVARO DE JESÚS RAMÍREZ RIVERA
SANTIAGO QUIJANO MORENO
CARLOS MARIO ARENAS LÓPEZ
Third parties
Description
This is a preliminary agreement between the National Government and the Independent Revolutionary Movement, agreeing to find a permanent solution to the armed conflict. The negotiating parties agree among others on security and legal guarantees, the provision of sufficient operative measures and to further meetings.

Agreement document
CO_970121_PREACUERDO ENTRE EL GOBIERNO NACIONAL Y EL MIR-COAR - tr.pdf []

Agreement document (original language)
Co_970121_PREACUERDO ENTRE EL GOBIERNO NACIONAL Y EL MIR-COAR.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
No specific mention.
Traditional/religious leaders
No specific mention.
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 national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.
To achieve this, MIR–COAR undertakes to overcome all obstacles that may arise in order to carry out this process and guarantee the military demobilisation of its members, respect the rules, standards and provisions of international humanitarian law for the duration of the process to reach a permanent agreement, suspend offensive military activities throughout the process, and submit, in the course of the process, details of the urban and rural zones in which it operates and which are known to be under its influence.
Equality
No specific mention.
Democracy
Page 1, Untitled Preamble,
The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.
To achieve this, MIR–COAR undertakes to overcome all obstacles that may arise in order to carry out this process and guarantee the military demobilisation of its members, respect the rules, standards and provisions of international humanitarian law for the duration of the process to reach a permanent agreement, suspend offensive military activities throughout the process, and submit, in the course of the process, details of the urban and rural zones in which it operates and which are known to be under its influence.
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
No specific mention.
Detention procedures
No specific mention.
Media and communication
Other
Page 2, Mutual commitments, Article 1,
Carry out meetings with the greatest possible discretion and privacy, without issuing communications to the press, in order to respect the security of the members of the commissions.
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 2, Mutual commitments, Article 2,
Work together to establish a professional team that will jointly evaluate with communities the socio-economic situation of the areas submitted as zones of influence of the insurgent group to provide the basis for making decisions regarding social investment in these areas, this being understood as the social restoration of neighbourhoods.
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
Page 1, Government commitments, Article 1,
Provide the guarantees required by the spokespeople and representative members designated by MIR–COAR while the political–social negotiation process takes place.

Page 1, Government commitments, Article 2,
Guarantee under the terms set out in Law 104, 1993, reformed by Law 241, 1995, the suspension of the execution of capture orders for the representatives–members and spokespeople appointed by the organisation and recognised by the national government.

Page 2, Government commitments, Article 3,
Guarantee legal assistance to members of the organisation from the signing of this document throughout the talks. Under all circumstances, the government reserves the right to suspend them if this is warranted by the development of the process.

Page 2, Government commitments, Article 4,
Guarantee secure transport of spokespeople and representatives–members, as required, to carry out talks.

Page 2, Government commitments, Article 5,
Provide sufficient operative measures to make progress in this contact process.

Page 2, Mutual commitments, Article 1,
Carry out meetings with the greatest possible discretion and privacy, without issuing communications to the press, in order to respect the security of the members of the commissions.

Page 2, Mutual commitments, Article 2,
Work together to establish a professional team that will jointly evaluate with communities the socio-economic situation of the areas submitted as zones of influence of the insurgent group to provide the basis for making decisions regarding social investment in these areas, this being understood as the social restoration of neighbourhoods.
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
Page 1, Untitled Preamble,
The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.
To achieve this, MIR–COAR undertakes to overcome all obstacles that may arise in order to carry out this process and guarantee the military demobilisation of its members, respect the rules, standards and provisions of international humanitarian law for the duration of the process to reach a permanent agreement, suspend offensive military activities throughout the process, and submit, in the course of the process, details of the urban and rural zones in which it operates and which are known to be under its influence.

[Summary: For provisions on DDR please see DDR.]
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
Page 1, Untitled Preamble,
The national government, under the constitutional mandate for peace, as a mandatory duty and right, in order to find a permanent solution to the armed conflict and provide the basis and conditions for the growth of long-lasting peace through negotiations, the expansion of democratic channels, respect for human rights and international humanitarian law, and the participation and reconciliation of all Colombians, has decided in mutual agreement with the insurgent armed group the Independent Revolutionary Movement – Armed Commandos (Movimiento Independiente Revolucionario Comandos Armados, MIR–COAR) to initiate a dialogue process to find ways to permit the affirmation of genuine participative democracy, the social development of the communities under the influence of MIR–COAR, the peaceful coexistence of Colombians, and the reincorporation of the organisation’s members into civil, social and political life.

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
No specific mention.

The University of Edinburgh