Joint Report of the Dialogue Table between the Government and the Revolutionary Armed Forces of Colombia - People's Army

Country/entity
Colombia
Region
Americas
Agreement name
Joint Report of the Dialogue Table between the Government and the Revolutionary Armed Forces of Colombia - People's Army
Date
04/06/2015
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 (Core issue)
Conflict nature
Government
Peace process
101: Colombia V - Santos
Parties
The Government of Colombia; the Revolutionary Armed Forces of Colombia – People’s
Army (FARC – EP)
Third parties
Description
This agreement provides for, once the Final Agreement has been signed, to establish an independent, impartial and extra judicial Commission for the Elucidation of Truth, Coexistence and Non-Repetition.

Agreement document
CO_150604_Joint Report Dialogue Table.pdf []

Groups

Children/youth
Rhetorical
Page 3-4, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
...
• The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.
Disabled persons
Rhetorical
Page 2, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Guiding criteria:
[...]
Differential and gender approach: In developing its mandate and functions, the Commission will take into account different experiences, differential impacts and particular individual conditions on the basis of sex, gender, age, ethnicity or disability, and those of the populations or sectors in vulnerable conditions or particularly affected by the conflict, among others. Special attention will be afforded to victimization suffered by women.

Page 3-4, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
...
• The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.
Elderly/age
Rhetorical
Page 2, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Guiding criteria:
[...]
Differential and gender approach: In developing its mandate and functions, the Commission will take into account different experiences, differential impacts and particular individual conditions on the basis of sex, gender, age, ethnicity or disability, and those of the populations or sectors in vulnerable conditions or particularly affected by the conflict, among others. Special attention will be afforded to victimization suffered by women.

Page 3-4, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
[...]
• The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 2, Guiding criteria for the Commission,
[...]
Differential and gender approach: In developing its mandate and functions, the Commission will take into account different experiences, differential impacts and particular individual conditions on the basis of sex, gender, age, ethnicity or disability, and those of the populations or sectors in vulnerable conditions or particularly affected by the conflict, among others. Special attention will be afforded to victimization suffered by women.
Religious groups
No specific mention.
Indigenous people
Rhetorical
Page 3-4, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
[...]
• The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.
[...]
Substantive
Summary: The agreement ensures throughout that a territorial, differential, and gender-based approach is adopted in the design, implementation and monitoring of the policies and strategies provided for in the agreement. This implicitly grants special attention to indigenous, rural communities and areas mostly affected by the conflict and requires to take into account the various threats, particularities and experiences of different people in their communities and territories.
Other groups
Substantive
[Summary: The agreement ensures throughout that a territorial, differential, and gender-based approach is adopted in the design, implementation and monitoring of the policies and strategies provided for in the agreement. This implicitly grants special attention to indigenous, rural communities and areas mostly affected by the conflict and requires to take into account the various threats, particularities and experiences of different people in their communities and territories.]
Refugees/displaced persons
Substantive
Page 2, Guiding criteria for the Commission,
[...]
Territorial approach: The Commission shall be a national level entity, but it shall have a territorial approach in order to achieve a better understanding of the regional dynamics of the conflict and of the diversity and particularities of the affected territories, aimed at promoting the truth-building process and contributing to the guarantees of non-repetition in the different territories. The territorial approach will also take into consideration the people and populations that were forcefully displaced from their territories.
[...]

Page 3-4, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
[...]
• The human and social impact of the conflict on society, including its impact on
economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.
[...]
Social class
No specific mention.

Gender

Women, girls and gender
Page 1, Para. 7
...
First, the Commission shall contribute to the elucidation of what has happened, in accordance with the elements of the mandate described here below, and to offer a broad explanation about the complexity of the conflict, so as to promote a shared understanding among the society, in particular about the least known aspects of the conflict. In this sense, we welcome the visit and the pronouncement made during this cycle by Zainab Bangura, Special Representative of the Secretary General of the United Nations on Sexual Violence in Conflicts, and we undertake to attend to her recommendations.

Page 1-2, Purposes of the Commission:
And third, the Commission shall promote coexistence in the territories. For that purpose, it will foster an environment of dialogue and will create spaces for restoring the dignity of the victims, for individual and collective acknowledgments of responsibility, and, in general, to consolidate citizen respect for and trust in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance and rids us from indifference toward the problems of others. In this manner, the foundations will be set for non-repetition, reconciliation, and the construction of a stable and long lasting peace. For those reasons, it is necessary to understand the construction of truth as an essential element for building peace. The success of the Commission will depend on the commitment of all sectors of society with the process for the construction of truth, and on the recognition of responsibilities by those who directly or indirectly took part in the conflict. That is why both the National Government and the FARC – EP commit to decisively contribute toward the elucidation of the truth about everything that has happened in the conflict, including serious human rights violations and infringements upon International Humanitarian Law (IHL).

Page 2, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Guiding criteria: Differential and gender approach
In developing its mandate and functions, the Commission will take into account different experiences, differential impacts and particular individual conditions on the basis of sex, gender, age, ethnicity or disability, and those of the populations or sectors in vulnerable conditions or particularly affected by the conflict, among others. Special attention will be afforded to victimization suffered by women.

Page 3, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Mandate
The Commission’s mandate will be to elucidate and promote the recognition of:
...
The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.

Page 4, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
Research about all of the mandate’s elements using the necessary information gathering and analysis methodologies and forms for that purpose, considering practices generally accepted by the social sciences, including a gender approach, and taking into account previous truth-building efforts, including as basic inputs, among others, the reports of the Historical Commission of the Conflict and its Victims.

Page 5, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
...
Ensure the cross-cutting nature of the gender approach throughout the entire scope of the work of the Commission, by creating a gender task force in charge of contributing with the tasks for preparing specific technical, research, and gender audiences, among others. This task force will not be the only one addressing the topic, but it should bear the responsibility for reviewing the methodologies in order to ensure that all the Commission’s instruments include a gender approach, and for coordination purposes with women’s and LGBTI organizations. The foregoing, without prejudice to the necessary autonomy of the Commission in determining its structure and working methodology.

Page 6, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Selection process
...
The selection will be solely based on the nominations and the election will take into account individual selection criteria such as ethical suitability, independence, commitment to human rights and justice, absence of conflicts of interest, and knowledge about the armed conflict, International Humanitarian Law and human rights, and a recognized background in any of these fields. The selection of the commissioners shall also take collective criteria into account, such as gender equity, pluralism, interdisciplinary nature and regional representation.

Page 7, Follow-up and monitoring committee on the implementation of the Commission’s
recommendations
...
The committee will submit periodic reports on the follow-up of the recommendations. These reports shall feature a territorial, differential and gender approach. The committee will adopt the necessary measures to broadly disseminate its reports in the national and regional media. The Government will guarantee the committee’s funding for the fulfilment of its duties.

Page 8, Participation of the victims and society in relation to Item
...
Among the victimizing facts represented, testimonies were heard about forced displacement, homicide, tortured, enforced disappearance, kidnapping, sexual violence, extrajudicial executions and forced recruitment of minors, among others.
...
Furthermore, between July and August, 2014, 3 regional forums were organized (in Villavicencio, Barrancabermeja and Barranquilla), and one National Forum in Cali on Item 5. A total of 3,162 individuals participated, out of which 51.7% were men and 48.3% were women. More than 600 victims’ organizations attended these forums.

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 4-5, Duties,
In order to fulfill its mandate, the Commission shall have the following main duties:
[...]
• Create spaces at the national, regional and territorial levels, particularly thematic, territorial and institutional audiences, and of emblematic organizations and cases, among others, in order to listen to the different voices, in first place those of the victims, both individual and collective, and promote the participation of the different sectors of
society to contribute to a joint reflection about the events and the causes and effects of the serious violence lived by Colombia.
• Those spaces may include public discussion and reflection scenarios or cultural ceremonies, enabling those who have directly or indirectly participated in the conflict to engage in acts of recognition and responsibility and ask for forgiveness, in its various dimensions, both for the damages and suffering caused to the people, as well as for the political and social impact of their actions; and consequently, to offer explanations about the actions carried out, contribute to the reparation, and assume non-repetition and peace-building commitments, among others. This shall contribute to learn the truth and to promote peaceful coexistence in the territories.
[...]


Page 5-6, Selection process,
Ensure the cross-cutting nature of the gender approach throughout the entire scope of the work of the Commission, by creating a gender task force in charge of contributing with the tasks for preparing specific technical, research, and gender audiences, among others. This task force will not be the only one addressing the topic, but it should bear the responsibility for reviewing the methodologies in order to ensure that all the Commission’s instruments include a gender approach, and for coordination purposes with women’s and LGBTI organizations. The foregoing, without prejudice to the necessary autonomy of the Commission in determining its structure and working methodology.
[...]

Page 6, Commitment to contribute toward elucidation,
[...]
The Government will adopt all necessary measures to guarantee the contribution of other State entities and will foster third party participation in the Commission, so as to contribute toward the elucidation and the recognition of responsibilities, as part of the necessary guarantees for non-repetition.
[...]

Page 7, Follow-up and monitoring committee on the implementation of the Commission’s recommendations,
A follow-up and monitoring committee on the implementation of the Commission’s recommendations will be created, whose operations will start once the final report has been published. For the fulfillment of its task, dialogues will be facilitated with different victims and human rights’ entities and organizations, among others. The members of this committee will be representatives from different sectors of society, including victims and human rights organizations, among others. The Commission will establish the time period during which the committee will operate. The committee will submit periodic reports on the follow-up of the recommendations. These reports shall feature a territorial, differential and gender approach. The committee will adopt the necessary measures to broadly disseminate its reports in the national and regional media. The Government will guarantee the committee’s funding for the fulfillment of its duties.

Page 7-8, Participation of the victims and society in relation to Item,
Within the 10 principles for the discussion of Item 5 – “Victims”, agreed at the Table, “victim participation” plays a major role. We are convinced that peace-building demands an active participation of the victims, and in general of the communities in the territories, which are ultimately those who will benefit from the transformations sought by the agreements we have reached.
A fundamental purpose of the Table has been to achieve the highest possible participation and to receive the maximum number of proposals related to the discussion of Item 5. The progress in the agreement on Item 5 that we are presenting today has been based precisely on listening to the victims who came directly to the Table and on reading the proposals of thousands of people who have sent them to us through the different participation mechanisms.
In the first place, and for the first time within the framework of a peace process, the Dialogue Table directly listened to and received the proposals of a group of victims of the conflict. The selection process of these victims was carried out by the UN and the National University, accompanied by the Episcopal Conference; guided by the principles of pluralism, balance and fairness, they sought to reflect the entire universe of human rights violations and infringements on IHL that have taken place in the conflict, taking into account the different social sectors and populations, and the territorial approach. The delegations were comprised by 12 victims and the Table heard one delegation per cycle, during cycles 27, 28, 29, 30 and 31 of the dialogues.
Among the victimizing facts represented, testimonies were heard about forced displacement, homicide, tortured, enforced disappearance, kidnapping, sexual violence, extrajudicial executions and forced recruitment of minors, among others. All the victims who visited Havana to state their testimonies, their proposals and their expectations regarding the peace process and the implementation of the agreements before the two delegations at the Dialogue Table, concurred in highlighting the need to bring the conflict to an end.
Furthermore, between July and August, 2014, 3 regional forums were organized (in Villavicencio, Barrancabermeja and Barranquilla), and one National Forum in Cali on Item 5. A total of 3,162 individuals participated, out of which 51.7% were men and 48.3% were women. More than 600 victims’ organizations attended these forums.
Finally, to date we have received 24,324 contributions on the item of victims, with more than 59,000 references to the different aspects of this Item, including over 8,600 regarding the topic of “truth”.
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 1-2, Purposes of the Commission:
And third, the Commission shall promote coexistence in the territories. For that purpose, it will foster an environment of dialogue and will create spaces for restoring the dignity of the victims, for individual and collective acknowledgments of responsibility, and, in general, to consolidate citizen respect for and trust in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance and rids us from indifference toward the problems of others. In this manner, the foundations will be set for non-repetition, reconciliation, and the construction of a stable and long lasting peace. For those reasons, it is necessary to understand the construction of truth as an essential element for building peace. The success of the Commission will depend on the commitment of all sectors of society with the process for the construction of truth, and on the recognition of responsibilities by those who directly or indirectly took part in the conflict. That is why both the National Government and the FARC – EP commit to decisively contribute toward the elucidation of the truth about everything that has happened in the conflict, including serious human rights violations and infringements upon International Humanitarian Law (IHL).

Page 3, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
• Practices and facts that constitute serious human rights violations and serious infringements of International Humanitarian Law (IHL), in particular those that reflect patterns or are of a massive nature, which took place in the course of the conflict, as well as the complexity of the territorial contexts and dynamics where these happened.
[...]

Page 5-6, Selection process,
[...]
The selection will be solely based on the nominations and the election will take into account individual selection criteria such as ethical suitability, independence, commitment to human rights and justice, absence of conflicts of interest, and knowledge about the armed conflict, International Humanitarian Law and human rights, and a recognized background in any of these fields. The selection of the commissioners shall also take collective criteria into account, such as gender equity, pluralism, interdisciplinary nature and regional representation.
[...]
Equality
Page 1-2, Purposes of the Commission:
And third, the Commission shall promote coexistence in the territories. For that purpose, it will foster an environment of dialogue and will create spaces for restoring the dignity of the victims, for individual and collective acknowledgments of responsibility, and, in general, to consolidate citizen respect for and trust in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance and rids us from indifference toward the problems of others. In this manner, the foundations will be set for non-repetition, reconciliation, and the construction of a stable and long lasting peace. For those reasons, it is necessary to understand the construction of truth as an essential element for building peace. The success of the Commission will depend on the commitment of all sectors of society with the process for the construction of truth, and on the recognition of responsibilities by those who directly or indirectly took part in the conflict. That is why both the National Government and the FARC – EP commit to decisively contribute toward the elucidation of the truth about everything that has happened in the conflict, including serious human rights violations and infringements upon International Humanitarian Law (IHL).
Democracy
Page 1-2, Purposes of the Commission:
And third, the Commission shall promote coexistence in the territories. For that purpose, it will foster an environment of dialogue and will create spaces for restoring the dignity of the victims, for individual and collective acknowledgments of responsibility, and, in general, to consolidate citizen respect for and trust in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance and rids us from indifference toward the problems of others. In this manner, the foundations will be set for non-repetition, reconciliation, and the construction of a stable and long lasting peace. For those reasons, it is necessary to understand the construction of truth as an essential element for building peace. The success of the Commission will depend on the commitment of all sectors of society with the process for the construction of truth, and on the recognition of responsibilities by those who directly or indirectly took part in the conflict. That is why both the National Government and the FARC – EP commit to decisively contribute toward the elucidation of the truth about everything that has happened in the conflict, including serious human rights violations and infringements upon International Humanitarian Law (IHL).

Page 3-4, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
[...]
The impact of the conflict on the exercise of politics and the operation of democracy as a whole, including the impact on political and social parties and movements, particularly those in the opposition.
[...]
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
Media roles
Page 4-5, Duties,
In order to fulfill its mandate, the Commission shall have the following main duties:
[...]
• Implement an outreach, educational and active liaison strategy with the media to report, during its operation, the progress and developments in the fulfilment of all the Commission’s duties, and ensuring the maximum possible participation. The Government will adopt all necessary measures for the Commission to have broad access to public media. The final report, in particular, shall have the broadest and most accessible dissemination, including the development of cultural and educational initiatives, such as the promotion of exhibitions, and recommending its inclusion in the academic curriculum.
[...]
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
Page 3, Guiding criteria for the Commission,
[...]
Safety conditions: The Commission will assess the necessary safety conditions for the performance of its activities and will coordinate the adoption of the necessary safety measures with State authorities, for both the commissioners and those who take part in the Commission’s activities.
[...]
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 3-4, Mandate,
The Commission’s mandate will be to elucidate and promote the recognition of:
[...]
• The impact of the conflict on those who directly took part in it as combatants, and on their families and environments.
[...]
• The development of the conflict, particularly the actions of the State, the guerrillas, the paramilitary groups, and the involvement of different sectors of society.
[...]
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
National courts
Page 1,
[...]
The end of the conflict is a unique opportunity to satisfy one of the greatest desires of the Colombian society and of the victims in particular: to elucidate and know the truth about what has happened in the conflict.
[...]
The Commission will be part of the comprehensive system for truth, justice, reparation and nonrepetition which is to be agreed at the Table in order to satisfy the victims’ rights, end the conflict and achieve peace. Therefore, the agreement reached regarding the Commission may not be understood either as permanently closed, or as isolated from the system we are committed to build and which is yet to be concluded. We will continue working to agree on other mechanisms that will allow us to guarantee the victims’ right to truth, justice and reparation, besides contributing to ensure the non-repetition of the conflict to Colombian people. Within the framework of the discussions about the comprehensiveness of the system and its judicial and extrajudicial mechanisms, agreements will be reached on topics whose concretion depends on the relationship between the system’s mechanisms.

Page 1-2, Purposes of the Commission:
[...]
Second, the Commission shall promote and contribute to recognition. That means recognizing the victims as citizens whose rights were infringed; the voluntary recognition of individual and collective responsibilities by all those who directly or indirectly participated in the conflict as a contribution toward truth, justice, reparation, and non-repetition; and, in general, the acknowledgment by the entire society of that legacy of violations and infringements as
something that deserves to be rejected by all and should not and may not be repeated.
[...]

Page 2, Guiding criteria for the Commission,
Centrality of the victims: The Commission’s efforts shall be focused on guaranteeing the participation of the victims of the conflict, ensuring the restoration of their dignity, and contributing to satisfy their right to the truth in particular, and in general of their rights to justice, comprehensive reparation and non-repetition guarantees, always taking pluralism and equity into consideration. All of the foregoing should also contribute to the transformation of their living conditions.
[...]
Mechanism
[Summary: This agreement provides as a whole for, once the Final Agreement has been signed, to establish an independent, impartial and extra judicial Commission for the Elucidation of Truth, Coexistence and Non-Repetition. For detailed provisions see victims, reconciliation, enforcement mechanism, human rights, women, disabled people, youth, elderly, displaced persons, indigenous people, opposition group forces, security, media, civil society, democracy and equality.]
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
Page 1,
[...]
The end of the conflict is a unique opportunity to satisfy one of the greatest desires of the Colombian society and of the victims in particular: to elucidate and know the truth about what has happened in the conflict.
[...]
The Commission will be part of the comprehensive system for truth, justice, reparation and nonrepetition which is to be agreed at the Table in order to satisfy the victims’ rights, end the conflict and achieve peace. Therefore, the agreement reached regarding the Commission may not be understood either as permanently closed, or as isolated from the system we are committed to build and which is yet to be concluded. We will continue working to agree on other mechanisms that will allow us to guarantee the victims’ right to truth, justice and reparation, besides contributing to ensure the non-repetition of the conflict to Colombian people. Within the framework of the discussions about the comprehensiveness of the system and its judicial and extrajudicial mechanisms, agreements will be reached on topics whose concretion depends on the relationship between the system’s mechanisms.

Page 1-2, Purposes of the Commission:
[...]
Second, the Commission shall promote and contribute to recognition. That means recognizing the victims as citizens whose rights were infringed; the voluntary recognition of individual and collective responsibilities by all those who directly or indirectly participated in the conflict as a contribution toward truth, justice, reparation, and non-repetition; and, in general, the acknowledgment by the entire society of that legacy of violations and infringements as
something that deserves to be rejected by all and should not and may not be repeated.
[...]

Page 2, Guiding criteria for the Commission,
Centrality of the victims: The Commission’s efforts shall be focused on guaranteeing the participation of the victims of the conflict, ensuring the restoration of their dignity, and contributing to satisfy their right to the truth in particular, and in general of their rights to justice, comprehensive reparation and non-repetition guarantees, always taking pluralism and equity into consideration. All of the foregoing should also contribute to the transformation of their living conditions.
[...]
Participation: The Commission will set in motion a broad, pluralist and balanced process where different voices and views will be heard; in first instance, those of the victims of the conflict as a result of any circumstances related thereto, both individual and collective, and also from those who directly and indirectly took part in it, as well as from other relevant actors.
[...]

Page 7, Follow-up and monitoring committee on the implementation of the Commission’s recommendations,
A follow-up and monitoring committee on the implementation of the Commission’s recommendations will be created, whose operations will start once the final report has been published. For the fulfillment of its task, dialogues will be facilitated with different victims and human rights’ entities and organizations, among others. The members of this committee will be representatives from different sectors of society, including victims and human rights organizations, among others. The Commission will establish the time period during which the committee will operate. The committee will submit periodic reports on the follow-up of the recommendations. These reports shall feature a territorial, differential and gender approach. The committee will adopt the necessary measures to broadly disseminate its reports in the national and regional media. The Government will guarantee the committee’s funding for the fulfillment of its duties.

Page 7-8, Participation of the victims and society in relation to Item,
Within the 10 principles for the discussion of Item 5 – “Victims”, agreed at the Table, “victim participation” plays a major role. We are convinced that peace-building demands an active participation of the victims, and in general of the communities in the territories, which are ultimately those who will benefit from the transformations sought by the agreements we have reached.
A fundamental purpose of the Table has been to achieve the highest possible participation and to receive the maximum number of proposals related to the discussion of Item 5. The progress in the agreement on Item 5 that we are presenting today has been based precisely on listening to the victims who came directly to the Table and on reading the proposals of thousands of people who have sent them to us through the different participation mechanisms.
In the first place, and for the first time within the framework of a peace process, the Dialogue Table directly listened to and received the proposals of a group of victims of the conflict. The selection process of these victims was carried out by the UN and the National University, accompanied by the Episcopal Conference; guided by the principles of pluralism, balance and fairness, they sought to reflect the entire universe of human rights violations and infringements on IHL that have taken place in the conflict, taking into account the different social sectors and populations, and the territorial approach. The delegations were comprised by 12 victims and the Table heard one delegation per cycle, during cycles 27, 28, 29, 30 and 31 of the dialogues.
Among the victimizing facts represented, testimonies were heard about forced displacement, homicide, tortured, enforced disappearance, kidnapping, sexual violence, extrajudicial executions and forced recruitment of minors, among others. All the victims who visited Havana to state their testimonies, their proposals and their expectations regarding the peace process and the implementation of the agreements before the two delegations at the Dialogue Table, concurred in highlighting the need to bring the conflict to an end.
Furthermore, between July and August, 2014, 3 regional forums were organized (in Villavicencio, Barrancabermeja and Barranquilla), and one National Forum in Cali on Item 5. A total of 3,162 individuals participated, out of which 51.7% were men and 48.3% were women. More than 600 victims’ organizations attended these forums.
Finally, to date we have received 24,324 contributions on the item of victims, with more than 59,000 references to the different aspects of this Item, including over 8,600 regarding the topic of “truth”.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 1,
[...]
In this new scenario it will be possible to contribute to the construction and preservation of the historical memory and attain a broad understanding of the multiple dimensions of the truth about the conflict, including the historical dimension, in such a way that it may not only satisfy the right to the truth but contribute as well to set the foundations for coexistence, reconciliation, and non-repetition.
[...]

Page 3, Guiding criteria for the Commission,
[...]
Coexistence and reconciliation: In order to contribute to the purposes of non-repetition and reconciliation, the Commission’s activities in the performance of its mandate will be directed to promote coexistence among the Colombian people, particularly in the territories most affected by the conflict and violence. For that purpose, the Commission will seek to ensure that the spaces or audiences it will set up will help in strengthening respect and tolerance, citizen´s trust in others and in the regulations that ensure the enforcement of and the respect for human rights. In this manner, the Commission will also help to lay solid foundations for building peace.
[...]

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 7, Follow-up and monitoring committee on the implementation of the Commission’s recommendations,
A follow-up and monitoring committee on the implementation of the Commission’s recommendations will be created, whose operations will start once the final report has been published. For the fulfillment of its task, dialogues will be facilitated with different victims and human rights’ entities and organizations, among others. The members of this committee will be representatives from different sectors of society, including victims and human rights organizations, among others. The Commission will establish the time period during which the committee will operate. The committee will submit periodic reports on the follow-up of the recommendations. These reports shall feature a territorial, differential and gender approach. The committee will adopt the necessary measures to broadly disseminate its reports in the national and regional media. The Government will guarantee the committee’s funding for the fulfillment of its duties.

The University of Edinburgh