Declaración de la Habana, Gobierno Nacional-ELN

Country/entity
Colombia
Region
Americas
Agreement name
Declaración de la Habana, Gobierno Nacional-ELN
Date
15/12/2001
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
99: Colombia III - Arango
Parties
For the national government:
CAMILO GÓMEZ
RAMIRO VARGAS
JULIO LONDOÑO PAREDES

For ELN:
MILTON HERNÁNDEZ
ÓSCAR SANTOS
RAMIRO VARGAS
Third parties
Description
They agree: to propose an evaluation of the advances and obstacles to which the Colombian civil society and intl community will be invited; the delivery of 5 topical forums within a set timeframe to interchange initiatives and proposals on the topics (HR, state of participatory democracy, agrarian problems, drug traffic and agrarian alternatives, energy, mineral and hydrocarbon resources, economic and social problems) going into detail about how many and who will participate, and the procedures; meeting with a commission of ‘notables’ to analyse the recommendations; rounds in Havana and Caracas to project and advance the compromises on the topics of: ceasefire, means to reduce the conflict, problems of the energy sector and analysis and conclusions from the forums – details of the next such round; etc.

Agreement document
CO_011215_DECLARACION DE LA HABANA, GOBIERNO NACIONAL-ELN - tr.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 1, Article 1,
Hold a peace summit in Havana, Cuba on 30–31 January to assess the effects, successes and obstacles in the dialogue process between the national government and ELN. The parties will invite representatives of Colombian society and the international community whose involvement in the peace process has made a significant contribution to its progress.

Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
i. International humanitarian law 25–27 February 2002;
ii. The state and participative democracy, 25–27 March 2002;
iii. The agrarian problem, drug trafficking and the substitution of illicit crops, 29 April to 1 May 2002;
iv. Energy, mining and hydrocarbon resources, 27–29 May 2002;
v. The economy and social problems, 24–26 June 2002.
The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.

Page 3, Article 6,
To strengthen and streamline the actions and activities of the Civil Facilitation Commission, the parties will establish a mandate to ensure the commission’s work is in keeping with the circumstances of the transitional period.
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
No specific mention.
Equality
No specific mention.
Democracy
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... ii. The state and participative democracy, 25–27 March 2002;
... The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
Protection measures
No specific mention.
Human rights framework
Treaty incorporation
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
i. International humanitarian law 25–27 February 2002;
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
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
Socio-economic development
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... v. The economy and social problems, 24–26 June 2002.
The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
National economic plan
No specific mention.
Natural resources
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... iv. Energy, mining and hydrocarbon resources, 27–29 May 2002;
... The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
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
Ceasefire provision
Page 2, Article 4,
Hold rounds of sessions in Havana and Caracas to plan and take forward the commitments made in the Agreement for Colombia and make progress in implementing the agenda set out in this agreement in order to discuss the following issues:
i. ceasefire and cessation of hostilities
ii. measures to reduce the conflict
iii. problems in the energy sector
iv. analysis and discussion of conclusions from the thematic forums.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
Page 2, Article 2,
Hold five thematic forums outside the country based on the schedule below. The forums will take place between the months of February and June 2002 and will facilitate the exchange of initiatives and proposals on the following issues:
... iii. The agrarian problem, drug trafficking and the substitution of illicit crops, 29 April to 1 May 2002;
... The locations for these forums will be decided by mutual agreement between the parties, taking into account the availability of the countries that are requested to host them. A maximum of 50 people will participate in each forum, including representatives of the government and ELN, six experts in each of the issues proposed, one representative of the Facilitation Commission and one representative of the Group of Friendly Countries, in addition to various guests involved in the process and with knowledge of the issues being discussed. After each forum, the parties will hold a rounds of talks to analyse and discuss the conclusions, which may then be used as inputs for the national convention.
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
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