PA-X: Peace Agreements Database

Agreement on the Victims of Conflict, 'Comprehensive System for Truth, Justice, Reparation and Non-repitition, including the Special Jurisdiction for Peace; and Commitment on Human Rights

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Country/entity: Colombia
Region: Americas
Agreement name: Agreement on the Victims of Conflict, 'Comprehensive System for Truth, Justice, Reparation and Non-repitition, including the Special Jurisdiction for Peace; and Commitment on Human Rights
Date: 15/12/2015
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 national government, the FARC-EP
Third parties
Description: The agreement provides for forms of transitional justice, and throughout calls for a 'gender' and territorially differentiated approach to the implementation of the measures to be adopted:

Agreement document: CO_20151215_borrador conjunto acuerdo sobre las victimas.pdf []

Agreement document (original language): CO_20151215_borrador-conjunto-acuerdo-sobre-las-victimas-del-conflicto.pdf []

Groups

Children/youth: Rhetorical

Page 13, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR),
...
7. Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...
The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights.

Substantive

Page 6, Article 5.1. Comprehensive System of Truth, Justice, Reparation and Non-repetition,
...
The Comprehensive System has a differentiated and gender-based approach, which is designed to respond to the particular characteristics of victimization in each territory and each population, and in particular to the needs of women and children.

Pages 9-10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...
First, the Commission shall contribute to the clarification of what happened, in accordance with the elements of the mandate as described later, and offer a substantive explanation of the complexity of the conflict, in such a way as to promote a shared understanding in society, in particular of the least-known aspects of the conflict, as the impact of the conflict on children and adolescents and gender-based violence, among other matters. ...The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR),
...
8. The operation of the component of justice will give emphasis to the needs of the women and child victims who suffer disproportionate and differentiated effects of serious infringements and violations committed during the conflict. Reparations must respond to the call of the United Nations that any peace agreement must adopt a gender perspective, recognizing the measures of reparation and restoration, the special suffering of women, and the importance of their active and equal participation in the justice component of TJRNR.

Page 49, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities,
...
This present list enumerates sanctions designed in relation to compliance with the reached agreements, among others, I. Comprehensive Rural Reform, II. Political Participation and IV. Replacement and eradication of illicit crops, which form part of the dialogue’s agenda. In addition, sanctions for damage caused to children, women and other affected individuals will be incorporated. This addresses the need for reparation and restoration for victims of the armed conflict to the greatest extent possible.

Page 63, Article 5.1.4. Guarantees of non-repetition ,
...
Second, by recognizing what happened in the context of conflict and clarification and rejection of the serious violations of human rights and grave breaches of international humanitarian law, including those that have historically been less visible as those committed against women and children, and adolescents, as well as the rejection of violence against groups, social movements and trade unions, and political parties, especially the opposition were severely victimized, to be shared purpose of society this will never happen again.

Disabled persons: Rhetorical

Page 13, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.

Page 24, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), ...
7. Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Page 66, 5.2. Commitment with the promotion, respect and guarantee of human rights,
...
The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights.

Substantive

Page 11, Article 5.1.1.1.1. Guiding criteria,
...
Differentiated and gender-specific approach: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, including but not limited to the populations or sectors in conditions of vulnerability or especially affected by the conflict. Special attention will be paid to the victimization suffered by women.

Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...
The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.

Elderly/age: Rhetorical

Page 13, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others. ...

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR),
...
7.Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...

Substantive

Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society. ...

Page 11, Article 5.1.1.1.1. Guiding criteria,
... Differentiated and gender-specific approach: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, including but not limited to the populations or sectors in conditions of vulnerability or especially affected by the conflict. Special attention will be paid to the victimization suffered by women. ...

Migrant workers: No specific mention.

Racial/ethnic/national group: Rhetorical

Page 3, Untitled Preamble,
... The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom communities, political parties, social and trade union movements, economic guilds, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear. ...

Substantive

Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society. ...

Page 11, Article 5.1.1.1.1. Guiding criteria,
... Differentiated and gender-specific approach: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, including but not limited to the populations or sectors in conditions of vulnerability or especially affected by the conflict. Special attention will be paid to the victimization suffered by women. ...

Page 13, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others. ...

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 7,
Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Page 44, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 65,
... All of them must be highly qualified and must be included experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The Court must be formed with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that you trust to Colombian society and to the different sectors that make it up. ...

Page 45, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 66,
... Each Chamber shall consist of a minimum of 6 highly qualified judges and should include experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The chamber must conform with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that has the confidence of Colombian society and the different sectors of which it is made up. ...

Page 45, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 67,
The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...

Religious groups: No specific mention.

Indigenous people: Rhetorical

Page 3, Untitled Preamble,
... The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom communities, political parties, social and trade union movements, economic guilds, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear. ...

Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society. ...

Page 12, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others. ...

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 7,
Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...

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.

Page 47, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 73,
The State should consult with the indigenous people with regard to when and how the decisions that have been adopted or will be adopted by their respective jurisdictions, regarding conducts covered by the Justice component will fall under its competence. The above does not apply if there has been a previous and express decision of acceptation of the competence of the Justice component of the CSTJRNR.

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 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society. ...

Pages 13-14, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others. ...
• The displacement and land dispossession in the context of the conflict and its consequences. ...

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 7,
Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Pages 58-60, Article, 5.1.3.5. Collective return processes for people in displacement situation, and reparation of victims living abroad,
Collective processes of return of displaced persons and compensation to victims overseas:
The National Government, in development of this Agreement and in the context of the end of the conflict, will launch on the one hand collective programs on the return and relocation of persons in a situation of displacement with a territorial and gender specific approach, and on the other hand put in place return plans which will assist victims outside Colombia and strengthen their connection with the implementation of other components of the policy of redress of victims at the territorial level, in particular the collective reparations programs and for the restitution of the land, and with the implementation of the agreement called "Toward a new Colombian field: comprehensive rural reform", in cases where it is appropriate to do so.
To that end, measures will be implemented to guarantee individual or collective returns and relocations under conditions of safety, dignity, and voluntariness, which will take into account the following elements:  
• Identification of territories: The return and relocation plans will be prioritized in the same areas where RDPTAs will be implemented and other territories in which plans for collective reparation are to be developed, and in coordination with land restitution processes.  
• Inter-institutional coordination: Return and relocation plans must be linked, when possible, with the different plans and programs established, particularly the RDPTAs, the plans for water and rural housing, the measures for access to land, income generation, promotion of rural economy and cleaning and decontamination programs to remove APM, IEA, UXO or ERW, as well as to land restitution processes.
• Security in the territories in order to return: In the areas prioritized for the implementation of return and relocation plans, the Government will establish the necessary security measures to guarantee the life and personal integrity of the communities, counting in any case, with their participation.  
• Strengthening of communitarian defenders: The Government will take the necessary measures to strengthen the communitarian defenders program, and particularly its functions of protection and promotion of human rights, for them to effectively accompany the processes of land restitution, return and relocation of people under situation of displacement and victims living abroad, including refugees and exiles involved in these processes, and to accompany and assist victims to guarantee access to institutional offers for the satisfaction of their rights.  
• The implementation of these return and relocation processes will require the involvement of specialized and interdisciplinary teams with capacities to guarantee the participative nature of the process, and the use of local funds.  As to the great number of victims that had to abandon the country as a consequence of different violations to human rights or breaches of IHL in the context of the conflict, the National Government, within the development of this agreement, will reinforce the program to acknowledge and repair victims living abroad, including refugees and exiles that have been victimized during the conflict, setting up “supported and assisted return” plans. This assisted return will consist in the promotion of conditions to facilitate their return to the country, and to the construction of their life project, including reception conditions based on dignity, through coordination between these plans and the specific institutional offer to progressively guarantee access to basic rights, jobs which have dignity, housing, health and education at all levels, fitting their own particular needs. The relocation will give priority to those areas from which those returning had to leave, respecting the victims’ choice. The National Government will adopt the necessary measures to articulate -when possible- these plans with other plans and programs agreed, particularly with the RDPTAs.  
Return is to take place, without undermining any of the different measures that must be adopted, as regards the end of the conflict, to encourage and promote the return of exiles and other Colombians who abandoned the country because of the conflict.

Social class: No specific mention.

Gender

Women, girls and gender: [Summary: The agreement provides for forms of transitional justice, and throughout calls for a 'gender differentiated' approach to the implementation of the measures to be adopted. The text below is not an exhaustive list of women, girls and gender references of the agreement. See the full details in the gender sub-categories in the PA-X Women.]

Page 3, Untitled Preamble:
The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom, political parties, social and trade union movements, guilds economic, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear.

Page 5, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition:
The Comprehensive System has a differentiated and gender-based approach, which is designed to respond to the particular characteristics of victimization in each territory and each population, and in particular to the needs of women and children.

Page 5-6, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition, Goals:
In summary, the different measures and mechanisms of the Comprehensive System should contribute to the fulfillment of the following purposes:
. . .
Territorial, differentiated and gender-based approach, through the differentiated treatment of territories and populations, in particular of women and boy and girl victims, and of the most deprived and most vulnerable populations and collective groups, that are most affected by the conflict.

Page 8, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
The Commission must fulfill three fundamental objectives, which as a whole contribute to the non-Repetition of the conflict:
In the first place, the Commission shall contribute to the clarification of what happened, in accordance with the elements of the mandate as described later, and offer a substantive explanation of the complexity of the conflict, in such a way as to promote a shared understanding in society, in particular of the least-known aspects of the conflict, as the impact of the conflict on children and adolescents and gender-based violence, among other matters.

Page 9, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
And thirdly, the Commission should promote coexistence in the territories, in the understanding that coexistence is not a matter of simple sharing of the same social and political space, but involves the creation of an environment that allows the transformative peaceful resolution of conflicts and the construction of the broadest culture of respect and tolerance in democracy. This will promote an atmosphere of dialogue and create spaces in which the dignity of victims will be restored, individual and collective recognition of responsibility will take place, and in general the respect and confidence of citizens in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance, promotes the good life, free us from indifference to the problems of others, will be consolidated. The Commission shall contribute to the construction of a peace based on the truth, the knowledge and recognition of a bloody past that must be overcome.
…
The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.

Page 10, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 5.1.1.1.1 Guiding Criteria:
. . .
Differential and gender approach: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, and of the populations or sectors in conditions of vulnerability or especially affected by the conflict, among others. There will be special attention to the victimization suffered by women.

Page 12, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 5.1.1.1.2. Mandate:
…
The mandate of the Commission will include to clarify and promote the recognition of:
...
The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.

Page 13-15, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 5.1.1.1.4 Functions:
For the fulfillment of its mandate the Commission will have the following main functions:
• To investigate on all elements of its mandate through methodologies and analysis of information necessary, considering generally accepted social sciences methodologies, using a gender-based approach and taking into account previous efforts of truth-finding, including but not limited to, the reports of the Historical Commission of the conflict and their victims, among others.
. . .
• Ensure the mainstreaming of the gender approach in the entire scope of the work of the Commission, with the creation of a working group on gender that can contribute specific tasks of a technical nature, including but not limited to research, preparation of hearings on gender. This working group will not be the only one to address gender, but shall take responsibility for the review of methodologies for all the work of the Commission as regards a gender approach and coordinate with women's organizations and LGBTI. The foregoing is without prejudice to the necessary autonomy of the Commission in the definition of its structure and methodology of work.

Page 15. 5.1.1.1.5. Process of Selection [for formation of Commission for the Clarification of Truth, Coexistence and Non-Repetition]:
. . .
The selection will be based exclusively on the nominations, and the election shall take into account individual selection criteria such as ethics and integrity, the impartiality, independence, the commitment to human rights and justice, the absence of conflicts of interest, and the knowledge of the armed conflict, international humanitarian law and human rights, and the recognized components of any of these fields. The selection of the commissioners must also take into account collective criteria such as gender equity, pluralism, the interdisciplinarity and the regional representation.

Page 16-17, 5.1.1.1.10. Committee for the monitoring and evaluation of the implementation of the recommendations of the Commission:
A monitoring committee shall be set up to monitor the implementation of the recommendations of the Commission which will come into operation once the final report has been published. As part of its task it will facilitate the dialogue with different entities and organizations of victims and of human rights, among others. This committee shall be composed of representatives of various sectors of society, including but not limited to organizations of victims and of human rights. The Commission will establish the time period during which it will operate the committee. The Committee shall make periodic reports to follow up on the recommendations. These reports must have a differentiated territorial and gender approach. The Committee shall take the necessary measures to disseminate their reports widely in the media at the national and regional levels. The Government will guarantee the financing of the Committee for the fulfilment of its functions.

Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
7º.- Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.
…
8º.- The operation of the component of justice will give emphasis to the needs of the women and child victims who suffer disproportionate and differentiated effects of serious infringements and violations committed during the conflict. Reparations must respond to the call of the United Nations that any peace agreement must adopt a gender perspective, recognizing the measures of reparation and restoration, the special suffering of women, and the importance of their active and equal participation in the justice component of TJRNR.

Page 28, 5.1.2. Justice, II. Content, scope and limits of the granting of amnesties and pardons as well as other special treatments:
. . .
40.- The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.

Page 41, III. Procedure, organs and sanctions of the justice component of TJRNR:
. . .
65.- The Tribunal for peace will be composed of Colombian judges. The foregoing does not preclude that persons subject to its jurisdiction request that the section dealing with their case is addressed by 3 Colombian judges and 2 foreigners. Must be chosen 20 judges Colombians, and in addition 4 foreigners who will act in the sections in the event that they are requested.
All of them must be highly qualified and must be included experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The Court must be formed with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that you trust to Colombian society and to the different sectors that make it up.

Page 42, III. Procedure, organs and sanctions of the justice component of TJRNR:
66.- Each Chamber shall consist of a minimum of 6 highly qualified judges and should include experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The chamber must conform with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that has the confidence of Colombian society and the different sectors of which it is made up.
. . .
67.- The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.
The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.
The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.
Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.

Page 46, I - Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities:
This present list enumerates sanctions designed in relation to compliance with the reached agreements, among others, I. Comprehensive Rural Reform, II. Political Participation and IV. Replacement and eradication of illicit crops, which form part of the dialogue’s agenda. In addition, sanctions for damage caused to children, women and other affected individuals will be incorporated. This addresses the need for reparation and restoration for victims of the armed conflict to the greatest extent possible.

Page 56, Article 5.1.3.3.2 Plans for collective reparation with a territorial approach,
... • Participation mechanisms: Active participation of victims and their organizations, alongside the regional authorities, will be the basis of collective territorial reparation plans. In order to do so, participation spaces will be created to define priorities to implement the measures of collective reparation; to ensure community participation in the implementation of reparation measures; and establish monitoring mechanisms of the projects. The participation of women in these spaces of participation will be ensured. ...

Pages 56-57, Article 5.1.3.3.3. National plans of collective reparation , 
In the context of the end of the conflict the National Government, in development of this Agreement, will strengthen national plans of collective reparation, which will have a gender approach and will be directed to the collectives, groups, organizations, including women's organizations, guilds economic, political and social parties and movements in particular the opposition, among others, in order to recognize the special characteristics of their victimization, recover their identities and organizational potential, and rebuild their capacities to influence the development of local and national policies in the framework of legality. These plans should contribute also to coexistence, non- repetition, and reconciliation.

Page 57, 5.1.3.4.1. Measures for Individual emotional recovery
In the context of the end of the conflict, and in order to address and contribute to the alleviation of the suffering of victims, the National Government and the FARC-EP have agreed that the National Government, in development of this Agreement, will undertake to expand public coverage and territorial deployment, and improve the quality of the psycho-social care for the emotional recovery of victims according to particular damage they have suffered, including the impact on individuals who are of victims of sexual violence. To achieve this they will increase the local centres attending victims and encourage mobile strategies to ensure that the most remote places are reached. ...

Page 63, Article 5.1.4. Guarantees of non-repetition ,
...Second, by recognizing what happened in the context of conflict and clarification and rejection of the serious violations of human rights and grave breaches of international humanitarian law, including those that have historically been less visible as those committed against women and children, and adolescents, as well as the rejection of violence against groups, social movements and trade unions, and political parties, especially the opposition were severely victimized, to be shared purpose of society this will never happen again. ...

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...

Men and boys: Gender neutral wording

Page 3, Untitled Preamble,
... The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom communities, political parties, social and trade union movements, economic guilds, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear. ...

Pages 6-7, Article 5.1. Comprehensive System of Truth, Justice, Reparation and Non-repetition,
... •Territorial, gender and differential approach, through the differentiated treatment of territories and populations, in particular of women and boy and girl victims, and of the most deprived and most vulnerable populations and collective groups, that are most affected by the conflict. ...

Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society. ...

Page 12, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others. ...

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 7,
Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...

LGBTI: LGBTI (positive)

Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
...The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society. ...

Page 12, Article 5.1.1.1.2. Mandate,
...
• The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others. ...

Page 16, Article 5.1.1.1.4. Functions,
... •To ensure the mainstreaming of a gender approach in the entire scope of the work of the Commission, with the creation of a working group on gender that can contribute specific tasks of a technical nature, including but not limited to research, preparation of hearings on gender. This working group will not be the only one to address gender, but shall take responsibility for the review of methodologies for all the work of the Commission as regards a gender approach and coordinate with women's organizations and LGBTI. The foregoing is without prejudice to the necessary autonomy of the Commission in the definition of its structure and methodology of work. ...

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 7,
Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...

Family: Pages 18-20, Article 5.1.1.2. Unit for the Search of Missing Persons in the context and due to the conflict,
The National Government and the FARC-EP agree that in order to establish what happened to people reported as missing as a result of actions carried out by State Agents, members of the FARC-EP or any organization that has participated in the conflict, and thus to help meet the victims’ rights to truth and reparation, the National Government will put in operation - within the framework of the end of conflict and after the signing of the Final Agreement -, a high-level special unit of exceptional and transitory nature, to include participation of victims, to search for all missing persons in the context and due to the armed conflict (hereinafter UBPD). This unit will be of a humanitarian nature and will be part of the Comprehensive System of Truth, Justice, Reparation and Non-repetition. It will have the necessary independence and administrative and financial autonomy to ensure it can function during the period of fulfillment of its duties.
The UBPD will direct, coordinate and contribute to the implementation of humanitarian operations under the SIVJRNR in particular to search and locate missing persons who are alive, and in cases of death, if possible identify and ensure the dignified return of the remains of persons missing due to the armed conflict.
Whether located or not, the UBPD will deliver an official report to the families, with information obtained on what happened to the person or persons reported as disappeared.
...
• To promote inter-institutional coordination on guidance and psycho-social care for the families of those persons missing in the context and due to the armed conflict.  ...
...
• To ensure whenever possible the dignified return of remains of those persons who are missing due to the armed conflict to their families, while respecting different ethnic and cultural traditions. ... 

Page 47, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 72,
... In the event the conduct occurred before the signing of the Final Agreement, it will be sent to the Chamber of Acknowledgment to be dealt with; in such a situation extradition is always prohibited. If the alleged conduct occurred after the signing of the Final Agreement, it will be sent to the competent authority for its investigation and sentencing in Colombia, without excluding the possibility of extradition. As regards conducts committed prior to the signing of a final agreement, if there exists a request for extradition regarding family members up to the second degree of relationship and the first degree of affinity, of members of the FARC-EP or of a person accused of belonging to that organization, it can be submitted to the Section of Review of the Peace Tribunal so that it can decide if the request relating to the family member whose extradition is being requested is motivated by facts or conducts related to the membership, or accusation of membership of the FARC-EP. Where this is the reason and the claim or accusation relate to conducts that have never been a reason for extradition requests before, or which do not meet the requirements for it, the Section can deny the extradition and in this case decide if the fact or the conduct is competence of the CSTJRNR or if it should be investigated and judged by ordinary criminal jurisdiction. A case such as this should be submitted to the Review Section by any of the former members of the FARC-EP who signed the Final Peace Agreement. ...

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: [Summary: As the agreement's aim is to address the victims of the conflict, references to victims, victims' organizations and their inclusion in the peace process are made throughout the document. All bodies created under the Comprehensive System of Truth, Justice, Reparation and Non-repetition offer channels for victims' participation and also with regard to the re-integration of former fighters and reparations the affected communities are considered a central and active part. Furthermore, the Unit for the Search of Missing Persons in the context and due to the conflict will be structured and staffed with the advice of the International Committee of the Red Cross, and the International Commission on Missing Persons. The National Episcopal Conference and the support of the Interchurch Dialogue for Peace will support the organization of public events of acknowledgement.]

Traditional/religious leaders: Page 4, Untitled Preamble,
... Simultaneously, we expanded the mechanisms of participation. More than 3.0000 victims participated in four forums in Colombia, organized by the United Nations and the National University, and sixty victims traveled to Havana to give direct testimony at the Conversation Table and offer their recommendations, supported by the Episcopal Conference, the United Nations and the National University. On top of that, the 17 thousand proposals, sent to the Conversation Table by the victims and other citizens through different means. All the proposals that we received from the victims were crucial to reaching the agreements. ...

Page 53, Article 5.1.3.1. Timely measures for the acknowledgment of collective responsibilities,
... All collective acts will be formal, public and solemn, and will be held both at a national level and in the territories, for which the National Episcopal Conference, with the support of the Interchurch Dialogue for Peace, DIPAZ (Acronym in Spanish) and other churches will be invited to coordinate these events, directly consulting the victims ́ and human rights organizations, among others. The coordinators should encourage acts that meet the expectations of victims and communities, empower them, prevent further victimization, and contribute to laying the foundations on which to promote peaceful coexistence and guarantees of non-repetition. ...

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: Summary: Human rights as well as commitments to International Human Rights Law and International Humanitarian Law are mentioned numerous times throughout the agreement. Part 5.2. (pp. 65-68) of the agreement contains a particular commitment with the promotion, respect and guarantee of human rights. It stresses the duty of the Colombian State to promote, protect, respect and guarantee human rights, including economic, social, cultural and environmental rights with a differentiated and gender approach. In addition, the FARC-EP reiterates the total commitment to human rights and they commit to promote and respect individual freedoms and the human rights of all. Peace is mentioned as a fundamental right of all citizens and a necessary condition for the exercise and enjoyment of all other rights.
The Government agrees to implement measures to strengthen the promotion of human rights, such as the strengthening of the National Human Rights System and a monitoring system for the situation of human rights at a national and regional level. In addition, the Government commits to help strengthen organizations in defense of human rights, particularly those working in rural settings. For this matter, it will strengthen coordination with the Attorney General's Office. With participation of human rights organizations, a National Human Rights Plan shall be developed and implemented, allowing to fit the needs of peace building. Furthermore, guarantees are made for the rights to social protest as part of the right of freedom of expression. Lastly, an advisory committee shall be created to make recommendations to the Government, its institutions and human rights organizations on matters of human rights and peace.]

Equality: Page 2 Untitled Preamble, Article 10,
Rights perspective: Any agreement we reach on the items of the Agenda and in particular the 5th item "Victims" should contribute to the protection and guarantee of the effective enjoyment of the rights of all. Human rights are inherent to all human beings in an equal way, which means they belong to humans just by virtue of being one. Therefore, the recognition of human rights is not a concession, they are universal, indivisible and interdependent and must be considered in a comprehensive, just and equitable way. Consequently, the state has the duty to promote and protect all human rights and fundamental freedoms, and it is every citizen's duty not to violate the human rights of their fellow citizens. The infringements of economic, social and cultural rights that might have occurred within the framework of the conflict shall be taken into account for purposes of compensation, considering the principles of universality, equality and progressiveness.

Page 7, 5.1. Comprehensive System of Truth, Justice, Reparation and Non-repetition, Goals,
Coexistence and reconciliation, by building trust in each other through the positive transformation brought by the peace agreements within society, especially through the acknowledgment of the victims, recognition and establishment of responsibilities, and in general by the acknowledgment by the whole society of the need to seize this opportunity to build a better future based on social justice, respect and tolerance.’

Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
... Third, the Commission should promote coexistence in the territories, in the understanding that coexistence is not a matter of simple sharing of the same social and political space, but involves the creation of an environment that allows the transformative peaceful resolution of conflicts and the construction of the broadest culture of respect and tolerance in democracy. This will promote an atmosphere of dialogue and create spaces in which the dignity of victims will be restored, individual and collective recognition of responsibility will take place, and in general the respect and confidence of citizens in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance, promotes the good life, free us from indifference to the problems of others, will be consolidated. The Commission shall contribute to the construction of a peace based on the truth, the knowledge and recognition of a bloody past that must be overcome. ...

Page 11, Article 5.1.1.1.1. Guiding criteria,
Centrality of victims: The Commission’s efforts will be focused on ensuring the participation of the victims of the conflict, assuring their honouring and contributing to the satisfaction of their right to the truth in particular and of their rights to justice, comprehensive reparation and guarantees of non-repetition in general, paying due regard to pluralism and equality. All of the above should also contribute to the transformation of their living conditions.
...

Page 65, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
... The National Government on behalf of the Colombian State reiterates its commitment to the protection of human rights and to those who work for this cause. It is the duty of the Colombian State to promote, protect, respect and guarantee human rights, including economic, social, cultural and environmental, with a differentiated and gender approach in accordance with the principles of equality and progressiveness, and the guarantee of the right to peace, especially in those areas most affected by the conflict. ...

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
... The end of the conflict context will ensure a culture of legality, the free debate of ideas, the effective participation of citizens and their organizations in decision-making, respect for those who think differently and for those who exercise opposition, the intensification of the culture of human rights, protection of cultural diversity and autonomy, encouraging the peaceful resolution of conflicts, strengthening access to justice in conditions of equality, social inclusion, welfare and good living conditions of the population, social justice, the overcoming of poverty, environmental protection and territorial approach in the implementation of public policies. ...

Democracy: Page 10, Article 5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition,
... Third, the Commission should promote coexistence in the territories, in the understanding that coexistence is not a matter of simple sharing of the same social and political space, but involves the creation of an environment that allows the transformative peaceful resolution of conflicts and the construction of the broadest culture of respect and tolerance in democracy. This will promote an atmosphere of dialogue and create spaces in which the dignity of victims will be restored, individual and collective recognition of responsibility will take place, and in general the respect and confidence of citizens in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance, promotes the good life, free us from indifference to the problems of others, will be consolidated. The Commission shall contribute to the construction of a peace based on the truth, the knowledge and recognition of a bloody past that must be overcome. ...

Page 13, Article 5.1.1.1.2. Mandate,
... • The impact of the conflict on the exercise of politics and on the functioning of democracy as a whole, including the impact on political and social movements and parties, particularly the opposition. ...

Pages 64-65, Article 5.1.4. Guarantees of non-repetition,
... The guarantee of rights, including economic, social, cultural and environmental rights of rural people by implementing the Comprehensive Rural Reform intended to contribute to their well-being and good living conditions; strengthening the exercise of political rights, promoting a culture of democracy and human rights and guarantees for reconciliation, coexistence, tolerance and non-stigmatization, and guarantees for mobilization and social protest, by implementing the Democratic Opening for Peace-building; the measures to protect and guarantee the rights of the population living in areas affected by illicit crops and contribute to overcoming poverty, marginalization and weak institutional presence by implementing agreed programs and measures for the Solution to the Problem of Illicit Drugs and the effective prosecution of criminal organizations and networks linked to drug trafficking at the national and regional level; and the measures agreed at Point 5 "Victims" and Point 3 "End of Conflict", respond primarily to a logic of non-repetition of the conflict and guarantee of human rights of all. The Government reiterates its commitment to the implementation of the agreements. ...

Pages 65-66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
... In the new scenario of peace-building and democratic opening, citizen participation and the exercise of rights will help achieving the rights of all, beyond its simple enunciation.
...
The commitment of respect and promotion of human rights in the process of reconciliation that will take place as part of the achievement of peace implies the acknowledgment of the need to advance public policies to promote a political, democratic and participative culture of respect for human rights. Besides, this commitment implies respect for cultural and ethnic diversity. ...

Page 67, Article 5.2.1. Strengthening of the mechanisms of promotion of human rights,
... • Strengthening of the process of implementing the National Education Plan for Human Rights, through, among other matters:  The incorporation of the Final Agreement and the final report of the Commission for the Clarification of Truth, Coexistence and non-repetition into the National Education Plan for Human Rights.  Coordination with the programs to promote a democratic and participatory political culture of Point 2 "Political Participation: democratic opening to build peace", in particular to overcome the stigmatization associated with the conflict.  The strengthening of non-formal educational measures through the implementation of public campaigns for recognition of human rights and the prevention of their violation.

Protection measures: Protection of groups

Page 2,
These principles were taken into account throughout the discussion in the development of Point 5 – Victims, and should be used to assist its implementation:
7. Guarantees for protection and security. Protecting the life and personal integrity of the victims is the first step towards the satisfaction of other rights.
..
10. Rights perspective: Any agreement we reach on the items of the Agenda and in particular the 5th item "Victims" should contribute to the protection and guarantee of the effective enjoyment of the rights of all.
Page 23, SPECIAL JURISDICTION FOR PEACE I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR)
2. The goals of the justice component of the Comprehensive System of Truth, Justice, Reparation and Non Repetition – from now on CSTJRNR- are to satisfy the right of victims to justice, offer truth to the Colombian society, protect the rights of victims,
Page 24, SPECIAL JURISDICTION FOR PEACE I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR)
7. Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, and who deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.
Pages 38-39, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR.
51 (b) To decide the measures of protection applicable to victims, witnesses and others who are part of the proceedings.
52….
In the event that sentences of the Sections violate fundamental rights of a victim with direct and legitimate interest, he/she can apply for protection by filing of an appeal before the Section of Appeals, which must be resolved within 10 days.
Page 41,
52 (f) At the request of the Investigation and Indictment Unit, to adopt protective and precautionary measures to ensure the proper conclusion of the process.
Page 67, • 5.2.2. Strengthening protection mechanisms work performed by human rights defenders and their organizations
On the other hand, the National Government, recognizing the work of human rights defenders, commits to help strengthen organizations in defense of human rights, particularly those working in rural settings as part of the already agreed in Point 2 regarding the guarantees for social organizations and movements, security guarantees, recognition and non-stigmatization; and to maintain a permanent dialogue with them to address their reports, diagnoses and recommendations. To this end and within the framework of the agreement on point 2 "Political participation", a protocol for comprehensive protection will be developed in concert with the organizations of human rights defenders, including those who do their work in a rural context.

Protection of rights and legal frameworks

Page 2,
Consequently, the state has the duty to promote and protect all human rights and fundamental freedoms, and it is every citizen's duty not to violate the human rights of their fellow citizens. The infringements of economic, social and cultural rights that might have occurred within the framework of the conflict shall be taken into account for purposes of compensation, considering the principles of universality, equality and progressiveness.
Page 46, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR.
72. Extradition shall not be allowed nor will any measures aimed to protect the possibility of extradition regarding facts or conducts covered by the System, caused by or occurred during the internal armed conflict or on the occasion of it until its end, whether these constitute crimes eligible for amnesty or not so eligible, and especially for no political offence, of rebellion or related to the mentioned, whether committed inside or outside of Colombia.
Page 59, 5.1.3.5. Collective return processes for people in displacement situation, and reparation of victims living abroad.
• Strengthening of communitarian defenders: The Government will take the necessary measures to strengthen the communitarian defenders program, and particularly its functions of protection and promotion of human rights, for them to effectively accompany the processes of land restitution
Pages 65-66, 5.2. Commitment with the promotion, respect and guarantee of human
… The National Government on behalf of the Colombian State reiterates its commitment to the protection of human rights and to those who work for this cause. It is the duty of the Colombian State to promote, protect, respect and guarantee human rights, including economic, social, cultural and environmental, with a differentiated and gender approach in accordance with the principles of equality and progressiveness, and the guarantee of the right to peace, especially in those areas most affected by the conflict.
…
The end of the conflict context will ensure a culture of legality, the free debate of ideas, the effective participation of citizens and their organizations in decision-making, respect for those who think differently and for those who exercise opposition, the intensification of the culture of human rights, protection of cultural diversity and autonomy

Other

Page 50, I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities:
A. - Rural areas.
… 2. Participation/Execution in/of programs for the protection of the environment in reserve areas.
Page 66, 5.2. Commitment with the promotion, respect and guarantee of human
… the overcoming of poverty, environmental protection and territorial approach in the implementation of public policies.

Human rights framework: Treaty incorporation

Page 1, Untitled Preamble, Article 4,
Participation of victims: The debate on the satisfaction of the rights of victims of serious human rights violations and International Humanitarian Law infractions during the conflict necessarily requires the participation of victims by various means and at different moments.

Pages 5-6, Article 5.1. Comprehensive System of Truth, Justice, Reparation and Non-repetition,
... The Comprehensive System is based on the principle of acknowledgment of the victims as citizens with rights; the acknowledgment that there should exist full Truth as regards what happened; the principle of acknowledgment of responsibility by all those who participated in a direct or indirect way in the conflict and were involved in some way in serious human rights violations and serious breaches of International Humanitarian Law; the principle of satisfaction of the rights of the victims with regard to truth, justice, reparation and non-repetition, on the basis of no-exchange of impunity, taking into account also the basic principles of the Special Jurisdiction for Peace, one of which provides that “the caused harm should be repaired and restored whenever possible”.
...
International experience shows that the effectiveness of these measures is increased if applied in a connected and complementary way. Therefore the System is intended to be comprehensive, so that the measures achieve maximum justice and accountability for violations of human rights violations and the breaches of international humanitarian law that occurred during the conflict. The comprehensiveness of the System should also contribute to the establishment of truth about the conflict and the construction of historical memory.
We consider that a broad and genuine response to the rights of victims -in the framework of the implementation of all other agreements, which also guarantee their rights- provides a foundation for justice.
To meet that end, and advance the fight against impunity, the Comprehensive System combines judicial mechanisms that allow investigation and punishment of serious human rights violations and serious breaches of International Humanitarian Law, as provided for by the Special Jurisdiction for Peace, with complementary extra-judicial mechanisms that contribute to clarifying the truth of what happened, searching for missing loved ones and repairing the damage caused to individuals, groups and entire territories. ...

Page 8, Article 5.1. Comprehensive System of Truth, Justice, Reparation and Non-repetition,
... • Special Jurisdiction for Peace: This will consist of a number of justice Chambers, including a Chamber of Amnesty and Pardon, and a Peace Tribunal, to administer justice and investigate, clarify, prosecute and punish those responsible for serious human rights violations and serious breaches of International Humanitarian Law. ...

Page 13, Article 5.1.1.1.2. Mandate:,
The mandate of the Commission is to clarify and promote the recognition of:
• Practices and acts that constitute serious human rights violations and serious breaches of International Humanitarian Law, particularly those that reflect patterns or have a large-scale nature and that occurred in the context of the conflict. This will include consideration of the complexity of the contexts and the territorial dynamics in which those violations and breaches occurred.  ...

Page 17, Article 5.1.1.1.5. Selection process:  
...The selection will be based exclusively on the nominations, and the election shall take into account individual selection criteria such as ethics and integrity, the impartiality, independence, the commitment to human rights and justice, the absence of conflicts of interest, and the knowledge of the armed conflict, international humanitarian law and human rights, and the recognized components of any of these fields. The selection of the commissioners must also take into account collective criteria such as gender equity, pluralism, the interdisciplinarity and the regional representation. ...

Page 23, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 2,
The goals of the justice component of the Comprehensive System of Truth, Justice, Reparation and Non Repetition – from now on CSTJRNR- are to satisfy the right of victims to justice, offer truth to the Colombian society, protect the rights of victims, contribute to the achievement of a stable and long-lasting peace and adopt decisions that grant full legal security to those who participated directly or indirectly in the internal armed conflict, regarding facts committed in the context of and during the conflict and that suppose serious breaches of International Humanitarian Law and serious Human Rights violations.

Page 23, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 4,
The State has autonomy to create jurisdictions or special legal systems, derived from the established in the United Nations Charter on sovereignty and free self-determination of nations, and from the established in the Principles of International Law, including International Humanitarian Law, International Human Rights Law and International Criminal Law.

Page 23, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 5,
In the exercise of such autonomy, accepted and recognized by the International Human Rights Law, the State can assess and evaluate the complexity, duration and seriousness of the internal armed conflict, with the purpose of designing and adopting the justice mechanisms to designed to achieve peace while respecting the criteria established by International Law, especially the guarantee of human rights.

Pages 23-24, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 6,
The purpose of repairing victims is in the center of the General Agreement for the Termination of the Conflict and the construction of a stable and lasting peace, signed in Havana on August 26, 2012. In any activities of the justice component of the CSTJRNR, the rights of the victims and the seriousness of the suffering inflicted by serious violations of International Humanitarian Law and human rights occurred during the conflict, will be taken as central axes. Such violations cause serious and lasting damage to the life of victims. The damage that has been caused should be repaired and restored whenever possible.

Page 24, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 9,
The Justice Component of the CSTJRNR, called Special Jurisdiction for Peace (SJP) is a special jurisdiction to carry out judicial functions autonomously and to have primacy with regard to the issues within its competence, especially regarding conducts that are considered serious breaches of International Humanitarian Law or serious Human Rights violations. It will enter into force within the terms established in the Final Agreement. It will only have jurisdiction with regard to conduct committed prior to its entry into force.

Page 25, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 12,
The responsibility of the recipients of the CSTJRNR does not exempt the State from its obligation to respect and ensure the full enjoyment of human rights and its obligations, according to International Humanitarian Law and to the International Human Rights Law.

Page 26, SPECIAL JURISDICTION FOR PEACE, II. CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 19,
For the purpose of the CSTJRNR, the legal reference frameworks mainly include International human rights law (IHRL) and International Humanitarian Law (IHL). The sections of the Peace Tribunal, the Chambers and the Investigation and Indictment Unit, when they adopt their resolutions or judgments, will provide their own legal articulation regarding the conducts that are examined by it, which may be different to that carried out by legal, disciplinary or administrative authorities.

Page 26, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 21,
Likewise, the Colombian State must ensure, through reasonable means within its reach, truth, justice, reparation and measures of non-repetition, regarding serious violations of IHRL and serious breaches of IHL.

Page 26, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 22,
In matters of justice, according to IHRL, the Colombian State must investigate, clarify, pursue and punish the serious violations of IHRL and serious breaches of IHL.

Page 26, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 23,
When hostilities come to an end, according to IHL, the Colombian State can grant an amnesty “as broad as possible”. To the rebels who belong to organizations that have subscribed to a final peace agreement, as specified in in article 10, as well as to those persons who have been accused or condemned for political or related offences through orders handed down by justice, the broadest possible amnesty will be granted, respecting the principles established in the present document, according to the provisions of article 38.

Page 27, SPECIAL JURISDICTION FOR PEACE II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 25,
There are offences that are not eligible for amnesty or pardon, according to articles 40 and 41 of this document. Crimes against humanity cannot receive amnesty nor other crimes proscribed in the Rome Statute.

Page 29, SPECIAL JURISDICTION FOR PEACE II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 37,
Article 6.5 of Protocol II of the Geneva Conventions, to which Colombia is a State party, will be applied, states: “At the end of hostilities, the authorities in power shall endeavor to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.”

Pages 29-30, SPECIAL JURISDICTION FOR PEACE, II. CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 38,
According to this provision, the political and related offences committed as part of rebellion by the persons that are part of rebel groups with whom a peace agreement is being signed, will be granted amnesty or pardon. Respecting matters agreed to in the Final Agreement and in the present document, regulations on amnesty will determine in a clear and precise way the offences that will be eligible for amnesty or pardon and the criteria for related offences. Membership of a rebel group will be determined by a list, previously handed over by the relevant group, according to what has been established by the parties for its verification. Political and related crimes can include, for example, rebellion, sedition, military uprising, as well as illegal possession of weapons, death in combat compatible with International Humanitarian Law, and agreement to commit an offence to the purpose of rebellion and other related offences. The same criteria for amnesty or pardon will be applied to persons who are investigated or punished for the offence of rebellion or related offences, without requiring them to self-identify as rebels. ...

Page 30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 39,
Actions related to political offences will be determined based on two criteria, an inclusive one and a restrictive one. The first criterion consists of the inclusion as related offences of: 1. Those related specifically to the development of rebellion, committed within the context of the armed conflict, such as, for example, the apprehension of combatants carried out during military operations; 2. Offences in which the passive subject of the conduct is the State and its current constitutional regime; and 3. Conducts that point to facilitating, supporting, financing or hiding the development of rebellion, for which the contents of the previous conducts will have to be defined.
The second criterion, of a restrictive nature, will exclude international crimes, according to points 40 and 41, as established by international law, according to the Rome Statute. With regard to the application of the criteria of ‘relatedness’ with regard to anything that has not been defined definitively in the amnesty law, the Doctrine adopted by the Chamber of Amnesty and Pardon and the Review Section of the Peace Tribunal, when interpreting the mentioned Law, will be taken into account.

Page 30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 40,
The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.
The amnesty law, will established which conducts, classified by national legislation, are not eligible for amnesty, as far as they correspond to the above.
The law will specify the scope of these conducts in accordance with the provisions of the Roma Statute, International Human Rights Law and International Humanitarian Law.

Page 31, SPECIAL JURISDICTION FOR PEACE, II. CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 44,
In accordance with the above, with regard to the State agents, a special, reciprocal, balanced and equitable treatment will be established, based on International Humanitarian Law. Such differential treatment will value the operational rules regarding use of state force of IHL. Under no circumstances will the responsibility of a commander be determined exclusively by rank, hierarchy or legal reasons. The responsibility of members of the State Forces for acts committed by their subordinates should be based on the effective control of the respective conduct, on the knowledge given the information the State Forces had before, during and after the materialization of the respective conduct, as well as on the means at its disposition to prevent it, and if it has occurred, whether the state has promoted the necessary investigations.

Page 42, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 59,
Regarding the responsibility of the members of the FARC-EP, International Humanitarian Law, International Law of Human Rights and International Criminal Law will be taken into account. The justice component of the CSTJRNR will take into account the relevance of the decisions taken by this organization that are relevant to its analysis of responsibilities. The responsibility of the FARC-EP commanders for acts carried out by their subordinates should be based on the effective control of the respective conduct, on the knowledge based on the information he/she had prior to or during and after the respective conduct, as well as in the means he/she had within his/her reach to prevent it, or where it had occurred, to make the relevant decisions. The responsibility of a commander cannot be based exclusively on his/her rank or hierarchy.

Pages 45-46, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 67,
The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.
The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.
The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.
Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.

Page 54, Article 5.1.3.2. Concrete measures to contribute to reparation,
... Within the framework of the comprehensive system, the National Government will take the necessary measures to promote participation in different modes of reparation designed for state agents and others who have been involved directly in the conflict causing harm as a consequence of serious Human rights violations or breaches of International Humanitarian Law, and also of those who have indirectly participated in the conflict and may have had some responsibility in it. ...

Page 63, Article 5.1.4. Guarantees of non-repetition,
... Second, by recognizing what happened in the context of conflict and clarification and rejection of the serious violations of human rights and grave breaches of international humanitarian law, including those that have historically been less visible as those committed against women and children, and adolescents, as well as the rejection of violence against groups, social movements and trade unions, and political parties, especially the opposition were severely victimized, to be shared purpose of society this will never happen again. ...

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
... In the framework of respect and promotion of human rights, we reiterate the commitment to enforce the rights contained by the 1991 Constitution on this matter, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, and other international human rights treaties ratified by Colombia. ...

Civil and political rights: Freedom of movement

Page 68, Article 5.2.3. Prevention and protection of human rights,
... • In accordance with the agreed within the point of Political Participation, the necessary measures and policy adjustments will be undertaken to provide full guarantees for mobilization and social protest, as part of the constitutional right to freedom of expression, assembly and opposition, favoring dialogue and civility in dealing with these kind of activities.  ...

Freedom of association

Page 68, Article 5.2.1. Strengthening of the mechanisms of promotion of human rights,
... •In accordance with the agreed within the point of Political Participation, the necessary measures and policy adjustments will be undertaken to provide full guarantees for mobilization and social protest, as part of the constitutional right to freedom of expression, assembly and opposition, favoring dialogue and civility in dealing with these kind of activities. ...

Thought, opinion, conscience and religion

Page 68, Article 5.2.1. Strengthening of the mechanisms of promotion of human rights,
... •In accordance with the agreed within the point of Political Participation, the necessary measures and policy adjustments will be undertaken to provide full guarantees for mobilization and social protest, as part of the constitutional right to freedom of expression, assembly and opposition, favoring dialogue and civility in dealing with these kind of activities. ...

Socio-economic rights: No specific mention.

NHRI: Mentions of NHRI

Pages 67-68, Article 5.2.1. Strengthening of the mechanisms of promotion of human rights,
... •Strengthening of the information system on the situation of human rights taking into account the progress of the National Human Rights System. ...

Pages 67-68, Article 5.2.3. Prevention and protection of human rights,
•Design, development and implementation of a National Human Rights Plan with the effective participation of the organizations of human rights defenders and social organizations and movements that, taking into account the different existing policies, allow to fit the needs of a scenario of peace building.
...
•Creation of an advisory committee convened by the Ombudsman to advise and make recommendations to the National Government, to State institutions and human rights organizations, on matters of human rights and peace. The Ombudsman and representatives of human rights organizations will agree its composition and functioning.

Regional or international human rights institutions: No specific mention.

Mobility/access: Page 43, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 60,
... To fulfil the reparative and restorative functions of the punishment, the punishments of the SJP that will be imposed on those who acknowledge truth and responsibility before the Chamber of Acknowledgment, regarding certain very serious offences, will have a minimum duration of five years and a maximum duration of eight years.
They will include effective restrictions of freedom and rights, such as freedom of residence and movement that are necessary for its execution, and should also ensure non- repetition. ...

Page 49, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities,
The sanctions inherent to the system, according to the established by article 60, are of a restorative and reparative nature, as are restrictions of rights, such as the freedom of residence and mobility. The sanctions must guarantee non-repetition.  ...

Page 68, Article 5.2.3. Prevention and protection of human rights,
... • In accordance with the agreed within the point of Political Participation, the necessary measures and policy adjustments will be undertaken to provide full guarantees for mobilization and social protest, as part of the constitutional right to freedom of expression, assembly and opposition, favoring dialogue and civility in dealing with these kind of activities.  ...

Detention procedures: No specific mention.

Media and communication: Media roles

Page 15, Article 5.1.1.1.4. Functions,
... • To implement a strategy for dissemination, pedagogy and communication with the media to report about the advances and developments of the fulfillment of the functions of the Commission during its operation, designed to ensure the broadest possible participation. The Government will adopt the necessary measures for the Commission to have a broad access to public media. The final report, in particular should have the broadest and most accessible distribution possible, including the development of cultural and educative initiatives, such as the promotion of exhibitions or inclusion in the educational curriculum. In addition, the conclusions of the Commission must be taken into account by the National Museum of Memory. ...

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 15, Article 5.1.1.1.4. Functions,
... • To implement a strategy for dissemination, pedagogy and communication with the media to report about the advances and developments of the fulfillment of the functions of the Commission during its operation, designed to ensure the broadest possible participation. The Government will adopt the necessary measures for the Commission to have a broad access to public media. The final report, in particular should have the broadest and most accessible distribution possible, including the development of cultural and educative initiatives, such as the promotion of exhibitions or inclusion in the educational curriculum. In addition, the conclusions of the Commission must be taken into account by the National Museum of Memory. ...

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: Property return and restitution

Pages 60-61, Article 5.1.3.6. Land restitution measures,
With the purpose of boosting and strengthening land restitution processes in an end-of- conflict context and, furthermore, ensuring the articulation of the land restitution processes with the collective reparation processes, development programs with a territorial approach, as well as with other plans and programs resulting from the implementation of the Final Agreement, we have agreed that:
• The application of the land restitution policy will comply to the technical criteria relating to the historical intensity of dispossession and conditions for the return, considering the recommendations concerning territorial focusing made by victims ́ organizations and experts, among other matters. The territorial entities must participate actively in the implementation of the restitution policy and contribute to the very formulation of the territorial development plans giving comprehensive attention to the populations to benefit from the restitution processes, including attention to investments in infrastructure and public services.  
• The population that will benefit from the restitution processes will receive technical and financial support for the reconstruction of their life projects and strategies to generate income, strategies for the substitution of the illicit use of crops, strategies for recovery and reconstruction of social fabric; and strengthening of the organizational processes and the construction of historical memory for reconciliation.  
• The information resulting from the inscriptions in the registry of forcibly despoiled and abandoned lands and the subsequent sentences referring to land restitution, will be included in the Registry of Victims in order to harmonize the registration and the access to the different measures of reparation.

Pastoralist/nomadism rights: No specific mention.

Cultural heritage: Tangible

Page 15, Article 5.1.1.1.4. Functions,
... • To implement a strategy for dissemination, pedagogy and communication with the media to report about the advances and developments of the fulfillment of the functions of the Commission during its operation, designed to ensure the broadest possible participation. The Government will adopt the necessary measures for the Commission to have a broad access to public media. The final report, in particular should have the broadest and most accessible distribution possible, including the development of cultural and educative initiatives, such as the promotion of exhibitions or inclusion in the educational curriculum. In addition, the conclusions of the Commission must be taken into account by the National Museum of Memory. ...

Promotion

Page 20, Article 5.1.1.2. Unit for the Search of Missing Persons in the context and due to the conflict,
... • To ensure whenever possible the dignified return of remains of those persons who are missing due to the armed conflict to their families, while respecting different ethnic and cultural traditions. ...

Page 50, LIST OF SANCTIONS, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities,
... The project may include, amongst others, the following work, tasks or activities, which must not be incompatible with public State policies on the matter, provided that the previous are in accordance with the ethnic and cultural traditions and customs of the communities.

Page 53, Article 5.1.3.4.2 Psycho-social rehabilitation plan for coexistence and non-repetition,
... - Restoration and generation of social, cultural, artistic, recreational and sports activities related to the interchange between citizens, and to the coexistence of communities. ...

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
... The end of the conflict context will ensure a culture of legality, the free debate of ideas, the effective participation of citizens and their organizations in decision-making, respect for those who think differently and for those who exercise opposition, the intensification of the culture of human rights, protection of cultural diversity and autonomy, encouraging the peaceful resolution of conflicts, strengthening access to justice in conditions of equality, social inclusion, welfare and good living conditions of the population, social justice, the overcoming of poverty, environmental protection and territorial approach in the implementation of public policies. ...

Other

Page 15, Article 5.1.1.1.4. Functions,
... • These spaces may include public forums for discussion and reflection or cultural ceremonies, so that those who participated directly or indirectly in the conflict may carry out acts of acknowledgment of responsibility and appeal for forgiveness, in its various dimensions, both for the damage the suffering caused to the people, and for the political and social impact of their actions. These forums will be used to provide explanations relating to events, contribute to reparation, make commitments of non-repetition and peace building. In this way, they should contribute to truth and peaceful coexistence throughout the land. ...

Environment: Page 50, LIST OF SANTIONS, A. Rural Areas, Article 2,
Participation/Execution in/of programs for the protection of the environment in reserve areas.

Page 51, LIST OF SANTIONS, A. Rural Areas, Article 8,
Participation/Execution in/of programs for environmental recovery of areas affected by illicit crop cultivation.

Pages 54-55, Article 5.1.3.2. Concrete measures to contribute to reparation,
... The FARC-EP commits to the re-incorporation process to civilian life and, as part of this process, to carry out actions that contribute to reparation for any harmed caused, which may include, participation in infrastructure reconstruction projects in those territories most affected by the conflict, involvement in cleaning and decontamination programs to remove anti-personnel mines (APM), improvised explosive artifacts (IEA) and unexploded ordnance (UXO) or explosive remnants of war (ERW), participation in programs for the substitution of the illicit use of crops, contribution with the searching, location, identification and recovery of remains of the persons reported as missed or dead during and within the context of the conflict, and participation in environmental restoration programs such as reforestation.
The National Government and the FARC-EP invite those who have participated directly or indirectly in the conflict and caused harm, to participate with concrete reparation actions within the framework of the Comprehensive System.

Pages 64-65, Article 5.1.4. Guarantees of non-repetition,
... The guarantee of rights, including economic, social, cultural and environmental rights of rural people by implementing the Comprehensive Rural Reform intended to contribute to their well-being and good living conditions; strengthening the exercise of political rights, promoting a culture of democracy and human rights and guarantees for reconciliation, coexistence, tolerance and non-stigmatization, and guarantees for mobilization and social protest, by implementing the Democratic Opening for Peace-building; the measures to protect and guarantee the rights of the population living in areas affected by illicit crops and contribute to overcoming poverty, marginalization and weak institutional presence by implementing agreed programs and measures for the Solution to the Problem of Illicit Drugs and the effective prosecution of criminal organizations and networks linked to drug trafficking at the national and regional level; and the measures agreed at Point 5 "Victims" and Point 3 "End of Conflict", respond primarily to a logic of non-repetition of the conflict and guarantee of human rights of all. The Government reiterates its commitment to the implementation of the agreements. ...

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
... The end of the conflict context will ensure a culture of legality, the free debate of ideas, the effective participation of citizens and their organizations in decision-making, respect for those who think differently and for those who exercise opposition, the intensification of the culture of human rights, protection of cultural diversity and autonomy, encouraging the peaceful resolution of conflicts, strengthening access to justice in conditions of equality, social inclusion, welfare and good living conditions of the population, social justice, the overcoming of poverty, environmental protection and territorial approach in the implementation of public policies. ...

Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, Untitled Preamble, Article 7,
Guarantees for protection and security. Protecting the life and personal integrity of the victims is the first step towards the satisfaction of other rights.  

Page 12, Article 5.1.1.1.1. Guiding criteria,
... Security conditions: The Commission will assess the security conditions needed for the development of its activities and will coordinate with the State authorities as regards the implementation of the necessary security measures, both for the commissioners and for those who participate in the activities of the Commission. ...

Page 44, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 62,
The places where the sanctions will be implemented will be monitored as well as having in place security and surveillance to ensure the life and physical integrity of the sentenced persons. Any movement of the person in order to carry out compliance with the punishment will be monitored by a national or international body agreed by the parties. The removal of sanctioned people must be compatible with the enforcement of the sanctions.
Within the justice component of the CSTJRNR, a body will be created to verify compliance with the sanctions. This body will also grant the necessary authorizations for displacements that are not compatible with the compliance of the sanction.

Page 59, Article 5.1.3.5. Collective return processes for people in displacement situation, and reparation of victims living abroad,
...  • Security in the territories in order to return: In the areas prioritized for the implementation of return and relocation plans, the Government will establish the necessary security measures to guarantee the life and personal integrity of the communities, counting in any case, with their participation. ...

Page 67, Article 5.2.2. Strengthening protection mechanisms work performed by human rights defenders and their organizations,  
On the other hand, the National Government, recognizing the work of human rights defenders, commits to help strengthen organizations in defense of human rights, particularly those working in rural settings as part of the already agreed in Point 2 regarding the guarantees for social organizations and movements, security guarantees, recognition and non-stigmatization; and to maintain a permanent dialogue with them to address their reports, diagnoses and recommendations. To this end and within the framework of the agreement on point 2 "Political participation", a protocol for comprehensive protection will be developed in concert with the organizations of human rights defenders, including those who do their work in a rural context. ...

Ceasefire: No specific mention.

Police: No specific mention.

Armed forces: No specific mention.

DDR: DDR programmes

Pages 29-30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 38,
According to this provision, the political and related offences committed as part of rebellion by the persons that are part of rebel groups with whom a peace agreement is being signed, will be granted amnesty or pardon. Respecting matters agreed to in the Final Agreement and in the present document, regulations on amnesty will determine in a clear and precise way the offences that will be eligible for amnesty or pardon and the criteria for related offences. Membership of a rebel group will be determined by a list, previously handed over by the relevant group, according to what has been established by the parties for its verification. Political and related crimes can include, for example, rebellion, sedition, military uprising, as well as illegal possession of weapons, death in combat compatible with International Humanitarian Law, and agreement to commit an offence to the purpose of rebellion and other related offences. The same criteria for amnesty or pardon will be applied to persons who are investigated or punished for the offence of rebellion or related offences, without requiring them to self-identify as rebels.
Before the entry into force of the Final Agreement, the following issues will be coordinated: decommissioning of arms and the re-incorporation of the FARC-EP to civil life, the entry into force of the justice component of the CSTJRNR and the effective access to amnesty. In the case of the FARC-EP, participation in the CSTJRNR will be subject to leaving down arms according to the agreed in point 3.2 of the General Agreement for the termination of the conflict and the construction of a stable and lasting peace of August 26, 2012.

Page 50, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities,
... The sanctions will be executed, as far as the FARC-EP is concerned, in coordination with the agreed on leaving aside arms and re-incorporating FARC-EP to civil life. ...

Pages 54-55, Article 5.1.3.2. Concrete measures to contribute to reparation,
... The FARC-EP commits to the re-incorporation process to civilian life and, as part of this process, to carry out actions that contribute to reparation for any harmed caused, which may include, participation in infrastructure reconstruction projects in those territories most affected by the conflict, involvement in cleaning and decontamination programs to remove anti-personnel mines (APM), improvised explosive artifacts (IEA) and unexploded ordnance (UXO) or explosive remnants of war (ERW), participation in programs for the substitution of the illicit use of crops, contribution with the searching, location, identification and recovery of remains of the persons reported as missed or dead during and within the context of the conflict, and participation in environmental restoration programs such as reforestation.
The National Government and the FARC-EP invite those who have participated directly or indirectly in the conflict and caused harm, to participate with concrete reparation actions within the framework of the Comprehensive System.

Page 56, 5.1.3.3.2 Plans for collective reparation with a territorial approach,
... • Coexistence and reconciliation measures: Measures aimed at addressing harm caused in the social fabric and promoting coexistence within communities including victims, former members of paramilitary organizations, members of the FARC-EP in process of re-incorporation to civilian life, and others who might have had some participation in the conflict. Also, measures to build and strengthen trust between public authorities and communities. ...

Page 57, Article 5.1.3.4.2 Psycho-social rehabilitation plan for coexistence and non-repetition,
... Re-establishing the peaceful relations of trust between the public authorities and communities and promoting coexistence within the communities including victims, to the former members of paramilitary organizations, members of the FARC-EP in process of reincorporation into civilian life and also from third parties which could have some involvement in the conflict. The implementation of the strategies will be made taking into account the differential and gender approaches ...

Intelligence services: No specific mention.

Parastatal/rebel and opposition group forces: [Summary: For DDR provisions please see 'DDR' category.]

Page 13, Article 5.1.1.1.2. Mandate:,
... • Collective responsibilities of the State – including the Government and the rest of public authorities-, of the FARC-EP, of the paramilitaries, and of any other group, organization or institution –national or international- that had any participation in the conflict with respect to the practices and facts referred to in the previous paragraph. ...

Page 16, Article 5.1.1.1.5. Selection process,
The Commission will be composed of 11 commissioners. Selection will be by way of a selection procedure that offers guarantees of legitimacy, impartiality and independence to the whole Colombian society and particularly to the victims. The nomination process will be broad and pluralist, ensuring that all sectors of society, including but not limited to victims, will be able to nominate candidates.
The commissioners will be elected by a selection committee. This committee will be composed by 9 members. The government and the FARC-EP, will select 6 members of the committee by mutual agreement through a mechanism to be agreed. The remaining members will be the delegates of 3 persons or organizations to be agreed in the negotiations. Every member of the selection committee must inspire confidence in citizens. ...

Pages 18-19, Article 5.1.1.2. Unit for the Search of Missing Persons in the context and due to the conflict,
The National Government and the FARC-EP agree that in order to establish what happened to people reported as missing as a result of actions carried out by State Agents, members of the FARC-EP or any organization that has participated in the conflict, and thus to help meet the victims’ rights to truth and reparation, the National Government will put in operation - within the framework of the end of conflict and after the signing of the Final Agreement -, a high-level special unit of exceptional and transitory nature, to include participation of victims, to search for all missing persons in the context and due to the armed conflict (hereinafter UBPD). This unit will be of a humanitarian nature and will be part of the Comprehensive System of Truth, Justice, Reparation and Non-repetition. It will have the necessary independence and administrative and financial autonomy to ensure it can function during the period of fulfillment of its duties. ...

Page 24, SPECIAL JURISDICTION FOR PEACE, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 10,
After the hostilities end, amnesty for the rebels will be conditioned on the termination of the rebellion of the respective armed organizations and on the accomplishment of the matters established by the Final Agreement, without undermining the provisions of point 23 and 27. What constitutes ‘termination of rebellion’ in order to have access to amnesty or pardon will be defined in the Final Agreement.

Page 26, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 23,
When hostilities come to an end, according to IHL, the Colombian State can grant an amnesty “as broad as possible”. To the rebels who belong to organizations that have subscribed to a final peace agreement, as specified in in article 10, as well as to those persons who have been accused or condemned for political or related offences through orders handed down by justice, the broadest possible amnesty will be granted, respecting the principles established in the present document, according to the provisions of article 38.

Page 29, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 34,
The legal treatment of members of the FARC-EP, of State agents and of other actors that might have participated in the conflict, whether as combatants or non-combatants, whenever they have committed crimes, can be differentiated but must be mutually proportionate and equitable.

Page 30, SPECIAL JURISDICTION FOR PEACE, II. CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 39,
Actions related to political offences will be determined based on two criteria, an inclusive one and a restrictive one. The first criterion consists of the inclusion as related offences of: 1. Those related specifically to the development of rebellion, committed within the context of the armed conflict, such as, for example, the apprehension of combatants carried out during military operations; 2. Offences in which the passive subject of the conduct is the State and its current constitutional regime; and 3. Conducts that point to facilitating, supporting, financing or hiding the development of rebellion, for which the contents of the previous conducts will have to be defined. ...

Page 42, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 59,
Regarding the responsibility of the members of the FARC-EP, International Humanitarian Law, International Law of Human Rights and International Criminal Law will be taken into account. The justice component of the CSTJRNR will take into account the relevance of the decisions taken by this organization that are relevant to its analysis of responsibilities. The responsibility of the FARC-EP commanders for acts carried out by their subordinates should be based on the effective control of the respective conduct, on the knowledge based on the information he/she had prior to or during and after the respective conduct, as well as in the means he/she had within his/her reach to prevent it, or where it had occurred, to make the relevant decisions. The responsibility of a commander cannot be based exclusively on his/her rank or hierarchy.

Pages 46-47, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 72,
Extradition shall not be allowed nor will any measures aimed to protect the possibility of extradition regarding facts or conducts covered by the System, caused by or occurred during the internal armed conflict or on the occasion of it until its end, whether these constitute crimes eligible for amnesty or not so eligible, and especially for no political offence, of rebellion or related to the mentioned, whether committed inside or outside of Colombia.
Such guarantee of non-extradition covers all the members of the FARC-EP and the persons accused of belonging to that organization, for any conduct carried out previously to the signing of the final agreement, and for those persons who submit themselves to the CSTJRNR.
Where a member of FARC-EP or a person accused of being a member of this organization, is alleged to have committed conduct covered by a request for extradition occurring after the signing of a Final Agreement, the Review Section of the Peace Tribunal will evaluate the incriminated conduct to determine its exact date and decide the appropriate procedure.
In the event the conduct occurred before the signing of the Final Agreement, it will be sent to the Chamber of Acknowledgment to be dealt with; in such a situation extradition is always prohibited. If the alleged conduct occurred after the signing of the Final Agreement, it will be sent to the competent authority for its investigation and sentencing in Colombia, without excluding the possibility of extradition. As regards conducts committed prior to the signing of a final agreement, if there exists a request for extradition regarding family members up to the second degree of relationship and the first degree of affinity, of members of the FARC-EP or of a person accused of belonging to that organization, it can be submitted to the Section of Review of the Peace Tribunal so that it can decide if the request relating to the family member whose extradition is being requested is motivated by facts or conducts related to the membership, or accusation of membership of the FARC-EP. Where this is the reason and the claim or accusation relate to conducts that have never been a reason for extradition requests before, or which do not meet the requirements for it, the Section can deny the extradition and in this case decide if the fact or the conduct is competence of the CSTJRNR or if it should be investigated and judged by ordinary criminal jurisdiction. A case such as this should be submitted to the Review Section by any of the former members of the FARC-EP who signed the Final Peace Agreement.
The SJP should resolve the issues it faces regarding extradition within a period of not more than 120 days, except where justified with relation to the need for collaboration with other institutions. In the Final peace Agreement the additional measures will be determined to guarantee and assure these provisions, as well as to avoid those who are offering Truth before the CSTJRNR being extradited before they finished offering such truth.

Page 57, Article 5.1.3.3.3. National plans of collective reparation,
... Within the framework of these Plans, efforts will be made to the acknowledgement of responsibilities by the State, the FARC-EP, paramilitary groups, and any other group, organization or institution that may have caused harm during the conflict.

Withdrawal of foreign forces: No specific mention.

Corruption: No specific mention.

Crime/organised crime: No specific mention.

Drugs: Page 14, Article 5.1.1.1.2. Mandate,
... • The relationship between the conflict and the illicit use of crops, production and commercialization of illicit drugs, and money-laundering deriving from the phenomenon of drug trafficking. The processes of strengthening of the social fabric in communities, and the experiences of collective or individual resilience within communities. ...

Page 49, LIST OF SANCTIONS, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities,
... This present list enumerates sanctions designed in relation to compliance with the reached agreements, among others, I. Comprehensive Rural Reform, II. Political Participation and IV. Replacement and eradication of illicit crops, which form part of the dialogue’s agenda. In addition, sanctions for damage caused to children, women and other affected individuals will be incorporated. This addresses the need for reparation and restoration for victims of the armed conflict to the greatest extent possible. ...

Page 51, LIST OF SANCTIONS, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities, A. - Rural areas, Article 7,
Participation/Execution in/of programs for the substitution of illicit crop cultivation.

Page 51, LIST OF SANCTIONS, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities, A. - Rural areas, Article 8,
Participation/Execution in/of programs for environmental recovery of areas affected by illicit crop cultivation.

Page 51, LIST OF SANCTIONS, Article I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities, A. - Rural areas, Article 9,
Participation/Execution in/of programs for the construction and improvement of road infrastructure needed for the commercialization of agricultural products in zones of illicit crop substitution.

Pages 54-55, Article 5.1.3.2. Concrete measures to contribute to reparation,
... The FARC-EP commits to the re-incorporation process to civilian life and, as part of this process, to carry out actions that contribute to reparation for any harmed caused, which may include, participation in infrastructure reconstruction projects in those territories most affected by the conflict, involvement in cleaning and decontamination programs to remove anti-personnel mines (APM), improvised explosive artifacts (IEA) and unexploded ordnance (UXO) or explosive remnants of war (ERW), participation in programs for the substitution of the illicit use of crops, contribution with the searching, location, identification and recovery of remains of the persons reported as missed or dead during and within the context of the conflict, and participation in environmental restoration programs such as reforestation.
The National Government and the FARC-EP invite those who have participated directly or indirectly in the conflict and caused harm, to participate with concrete reparation actions within the framework of the Comprehensive System.

Page 60, Article 5.1.3.6. Land restitution measures,
... • The population that will benefit from the restitution processes will receive technical and financial support for the reconstruction of their life projects and strategies to generate income, strategies for the substitution of the illicit use of crops, strategies for recovery and reconstruction of social fabric; and strengthening of the organizational processes and the construction of historical memory for reconciliation.  ...

Pages 64-65, Article 5.1.4. Guarantees of non-repetition,
... The guarantee of rights, including economic, social, cultural and environmental rights of rural people by implementing the Comprehensive Rural Reform intended to contribute to their well-being and good living conditions; strengthening the exercise of political rights, promoting a culture of democracy and human rights and guarantees for reconciliation, coexistence, tolerance and non-stigmatization, and guarantees for mobilization and social protest, by implementing the Democratic Opening for Peace-building; the measures to protect and guarantee the rights of the population living in areas affected by illicit crops and contribute to overcoming poverty, marginalization and weak institutional presence by implementing agreed programs and measures for the Solution to the Problem of Illicit Drugs and the effective prosecution of criminal organizations and networks linked to drug trafficking at the national and regional level; and the measures agreed at Point 5 "Victims" and Point 3 "End of Conflict", respond primarily to a logic of non-repetition of the conflict and guarantee of human rights of all. The Government reiterates its commitment to the implementation of the agreements. ...

Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.

Amnesty/pardon: Amnesty/pardon proper

Page 8,
... • Special Jurisdiction for Peace: This will consist of a number of justice Chambers, including a Chamber of Amnesty and Pardon, and a Peace Tribunal, to administer justice and investigate, clarify, prosecute and punish those responsible for serious human rights violations and serious breaches of International Humanitarian Law. ...

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 10,
After the hostilities end, amnesty for the rebels will be conditioned on the termination of the rebellion of the respective armed organizations and on the accomplishment of the matters established by the Final Agreement, without undermining the provisions of point 23 and 27. What constitutes ‘termination of rebellion’ in order to have access to amnesty or pardon will be defined in the Final Agreement.

Page 24, I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR), Article 11,
With regard to cases that are not eligible for amnesty or pardon, it will be necessary to define the legal situation and set out the sanctions stated in the CSTJRNR, when all the components of the CSTJRNR have become operational.

Page 26, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 23,
When hostilities come to an end, according to IHL, the Colombian State can grant an amnesty “as broad as possible”. To the rebels who belong to organizations that have subscribed to a final peace agreement, as specified in article 10, as well as to those persons who have been accused or condemned for political or related offences through orders handed down by justice, the broadest possible amnesty will be granted, respecting the principles established in the present document, according to the provisions of article 38.

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 24,
The Constitution allows the granting of amnesty or pardon for the offence of rebellion and other political and related offences.

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 25,
There are offences that are not eligible for amnesty or pardon, according to articles 40 and 41 of this document. Crimes against humanity cannot receive amnesty nor other crimes proscribed in the Rome Statute.

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 26,
It is necessary to provide a clear description of those crimes eligible for amnesty or pardon and those that are not, for the purpose of legal certainty. To that end, the regulations for amnesty that will be adopted will respect the principles established in the present document of creation of the SJP. When determining the conducts that are eligible for amnesty or pardon, a principle of acting favorabily towards the proposed recipient of the amnesty or pardon, in cases where international law does not establish a clear prohibition of amnesty or pardon regarding the conducts the rebels, or other accused persons are charged with. The ‘principle of favorability’ will be applied to all those to whom the SJP applies.

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 27,
The granting of amnesty or pardon or the access to any special treatment does not remove the obligation to contribute, in an individual or collective manner, to the clarification of the truth according as established in this document.

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 29,
The scope of each offence that is not capable of amnesty will need to be determined in a clear way, to ensure legal certainty.

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 30,
Offences not capable of amnesty or pardon should be submitted to the justice component of the Comprehensive System of truth, justice, reparation and non-repetition (CSTJRNR) as agreed by the parties.

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 31,
Within the justice component, punishment will be established for those responsible for cases that have been excluded from amnesty or pardon.

Page 29, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 35,
Peaceful protests, human rights defense and the leadership of groups of civil society cannot be classified as crimes, or judged on their own. Where they had been punished, a mechanism of special treatment will be provided that has power to extinguish responsibility. The Chamber of Amnesty and Pardon and the Review Section of the Peace Tribunal will have competence to decide if they extinguish, review or overrule the sanctions, investigations and sentences imposed in the previous cases.

Page 29, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 37,
Article 6.5 of Protocol II of the Geneva Conventions, to which Colombia is a State party, will be applied, states: “At the end of hostilities, the authorities in power shall endeavor to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.”

Pages 29-30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 38,
According to this provision, the political and related offences committed as part of rebellion by the persons that are part of rebel groups with whom a peace agreement is being signed, will be granted amnesty or pardon. Respecting matters agreed to in the Final Agreement and in the present document, regulations on amnesty will determine in a clear and precise way the offences that will be eligible for amnesty or pardon and the criteria for related offences. Membership of a rebel group will be determined by a list, previously handed over by the relevant group, according to what has been established by the parties for its verification. Political and related crimes can include, for example, rebellion, sedition, military uprising, as well as illegal possession of weapons, death in combat compatible with International Humanitarian Law, and agreement to commit an offence to the purpose of rebellion and other related offences. The same criteria for amnesty or pardon will be applied to persons who are investigated or punished for the offence of rebellion or related offences, without requiring them to self-identify as rebels.
Before the entry into force of the Final Agreement, the following issues will be coordinated: decommissioning of arms and the re-incorporation of the FARC-EP to civil life, the entry into force of the justice component of the CSTJRNR and the effective access to amnesty. In the case of the FARC-EP, participation in the CSTJRNR will be subject to leaving down arms according to the agreed in point 3.2 of the General Agreement for the termination of the conflict and the construction of a stable and lasting peace of August 26, 2012.

Page 30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 39,
Actions related to political offences will be determined based on two criteria, an inclusive one and a restrictive one. The first criterion consists of the inclusion as related offences of: 1. Those related specifically to the development of rebellion, committed within the context of the armed conflict, such as, for example, the apprehension of combatants carried out during military operations; 2. Offences in which the passive subject of the conduct is the State and its current constitutional regime; and 3. Conducts that point to facilitating, supporting, financing or hiding the development of rebellion, for which the contents of the previous conducts will have to be defined.
The second criterion, of a restrictive nature, will exclude international crimes, according to points 40 and 41, as established by international law, according to the Rome Statute. With regard to the application of the criteria of ‘relatedness’ with regard to anything that has not been defined definitively in the amnesty law, the Doctrine adopted by the Chamber of Amnesty and Pardon and the Review Section of the Peace Tribunal, when interpreting the mentioned Law, will be taken into account.

Page 30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 40,
The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.
The amnesty law, will established which conducts, classified by national legislation, are not eligible for amnesty, as far as they correspond to the above.
The law will specify the scope of these conducts in accordance with the provisions of the Roma Statute, International Human Rights Law and International Humanitarian Law.

Page 30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 41,
Within the CSTJRNR, common crimes that are not related to rebellion as specified in the amnesty law, will not be eligible for amnesty or pardon.

Pages 30-31, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 42,
On-going investigations and the disciplinary and/or administrative sanctions will become extinct, when they have been imposed for conducts related to the armed conflict or rebellion. Conducts that are eligible for amnesty or pardon with respect to these investigations or sanctions will be addressed, according to the amnesty law.

Page 31, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 43,
The granting of amnesty and pardon will not extinguish the right of the victims to receive reparation.

Page 34, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 48,
... (h) Once all the reports describing conducts, as established in paragraphs b) and c), have been received, the Chamber will compare them, and after keeping into account the version described in paragraph (e), in case it considers that there are sufficient grounds for deciding that the conduct took place, that the mentioned person participated and that the conduct corresponds to criminal offences not eligible for amnesty, these should be made available to alleged perpetrators so that they can make a decision as to whether or not to appear to acknowledge truth and responsibility or to defend himself/herself from the accusations.  ...

Page 35, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 48,
... (p) Two types of persons should be sent to the Chamber for the Definition of legal situations: the first persons or activities that cannot be granted amnesty or pardon or cannot be included in the resolution of conclusions, and the second those who have not acknowledged responsibility before the Tribunal, for whatever reason. ...

Page 36, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 49,
The Chamber of Amnesty and Pardon will apply special legal treatments for crimes that are eligible for amnesty or pardon, taking into account the recommendations of the Chamber for the Acknowledgment of Truth and Responsibility and the Establishment of facts. However, prior to that, the Chamber will grant amnesty or pardon in case of persons who are convicted or investigated for crimes that are eligible for amnesty of pardon, at the initiative or at the request of a party and always according to the established in the Amnesty Law. In the event that the petition for pardon or amnesty relates to conducts that are not eligible for pardon or amnesty, the Chamber of Amnesty and Pardon will send the case to the Chamber for the Acknowledgment of Truth and Responsibility.
For the purpose of granting amnesty, the Chamber of Amnesty will set out the activities with relation to the exercise of rebellion and other political offences.

Pages 36-37, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 50,
The Chamber for the Definition of legal situations will have the following functions:
(a) To define the legal situation of all those who have accessed the justice component of the CSTJRNR, with relation to two different situations: persons who cannot be granted amnesty or pardon nor included in the resolution of conclusions; and persons who cannot be held accountable before the Tribunal, to be granted amnesty or pardon. ...

... (e) To adopt any resolutions necessary to define the legal situation of those who are not to be granted amnesty or pardon, nor to have been the object of the resolution of conclusions. ...

Page 38, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 52,
The Peace Tribunal will have different Sections. In particular, there will be a Section of first instance as regards acknowledgment of truth and responsibility, which will issue sentences. Another Section of first instance will be provided for cases in which there is no acknowledgment of truth and responsibility, where judgement after trial will be carried out and sentences will be issued, whether of acquittal or conviction. In this case, the ordinary or alternative sanctions that apply will be imposed.
A third Section will provide for the review of sentences, with the task of reviewing the sentences issued by justice according to the established in article 58. At the request of the sanctioned party, this Section will receive the cases that have already been adjudicated on by jurisdictional bodies or sanctioned by the Attorney General or the Comptroller of the Nation, provided the persons involved are not eligible for amnesty or pardon. It will exercise any other task established expressly in this document. ...

Page 39, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 53,
... (a) To evaluate the relationship between the recognized conducts, and those responsible of them and the sanctions made on the basis of resolution issued by the Chamber for the Acknowledgment of Truth and Responsibility and the establishment of the facts. It will verify that the resolution corresponds to the legal descriptions of the acknowledged conducts that cannot be object of amnesty and pardon. Where it is decided that there is no relationship, it will communicate this decision to those who made the acknowledgment so that they will be listened to, after listening to the Chamber for the Acknowledgment of Truth and Responsibilities. Once it has listened to these, it will issue its sentence. ...

Page 41, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 54,
... (g) When it adopts the decisions, the Tribunal can declare that the analysed conduct complies with the requirements for amnesty or pardon; in which case, it will be send to the Chamber of Amnesty or Pardon; or it may consider that the legal situation is unclear as regards acquittal or conviction, in which it will be send to the Chamber for the Definition of legal situations.  

Page 41, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 56,
All the sentences of the Peace Tribunal, as well as the resolutions of the Chambers of the justice component that define the legal situations or grant amnesty or pardon, will become res judicata when they are final and their immutability will be ensured. Such sentences can only be invalidated or withdrawn by the Tribunal itself, on restrictive grounds to be expressly determined by the regulations.

Page 41, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 57,
Any decision adopted by a jurisdictional body or another authority intende to invalidate the amnesty, the pardon or another measure adopted by the system, will have to be submitted to the Peace Tribunal, so that it can verify whether the decision taken infringes the principles of the CSTJRNR or not.

Pages 41-42, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 58,
... (c) Regarding the conducts and facts object of the procedures and norms of the Justice component, if requested by any Chamber or Section and whenever there are doubts, to determine if the activities related to financing are or are not related to rebellion, according to the criteria established in the amnesty law. ...

... (g) To examine and decide on any decision adopted by a legal body or another authority that intends to derogate from amnesty, pardon or any other measure adopted within the system, verifying among other matters, if this decision infringes the principles of the CSTJRNR. ...

Pages 43-44, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 61,
The Resolutions and sentences imposed, according to the special norms of the justice component of the comprehensive system, will set out the content of the sanction, the place where it should be fulfilled, as well as the conditions and the effects of the sanctions for the crimes that are not eligible for amnesty in a precise way.

Page 46, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 72,
Extradition shall not be allowed nor will any measures aimed to protect the possibility of extradition regarding facts or conducts covered by the System, caused by or occurred during the internal armed conflict or on the occasion of it until its end, whether these constitute crimes eligible for amnesty or not so eligible, and especially for no political offence, of rebellion or related to the mentioned, whether committed inside or outside of Colombia. ...

Courts: National courts

The Special Jurisdiction for Peace (SJP) is designed to be the justice component of the Comprehensive System of Truth, Justice, Reparation and Non Repetition (CSTJRNR). The CSTJRNR in its functioning should focus on making an end to impunity. Its primary aim is to satisfy the right of the victims to justice and offer truth to the Colombian society and thereby contribute to a sustainable peace. The SJP is a special jurisdiction to carry out judicial functions autonomously, primarily regarding serious breaches of International Human Rights Law or International Humanitarian Law. It is going to enter into force with within the terms established in the Final Agreement. Among the basic principles guiding the SJP is a strong focus on women and child victims, as well as other vulnerable groups (poor, disabled, indigenous or elderly people). The SJP is a special jurisdiction to carry out judicial functions autonomously, primarily regarding serious breaches of International Human Rights Law or International Humanitarian Law. Therefore, its legal reference frameworks mainly include International Human Rights Law (IHRL) and International Humanitarian Law (IHL).
For detailed provisions on ‘amnesty’ please see entry in amnesty category.
The SJP will have jurisdiction over all those cases related to the armed conflict, even if the accused are not members of the armed rebel organizations. For conducts committed within, as a result of and in direct or indirect relationship with the armed conflict, the SJP will prevail over other criminal, disciplinary or administrative decisions. In addition, it will also have competence over financing or collaboration with paramilitary groups and State agents who may have committed crimes related to the armed conflict and within its context. Existing regulations on persons who have exercised the Presidency of the Republic will not be modified with the creation of the SJP. Where peaceful protests, the defense of human rights or the leadership of civil society groups had been punished, a mechanism of special treatment will be able to extinguish responsibility.
Procedure, Bodies and Sanctions of the SJP
The SJP will consist of the following bodies:
• Chamber of Acknowledgment of Truth, Responsibility and establishment of facts and conducts,
• Peace Tribunal,
• Chamber for Amnesty or Pardon,
• Chamber for the Definition of legal situations (for those cases not dealt by the definitions or other cases that hadn’t been foreseen)
• Investigation and Indictment Unit (satisfying the right of the victims to justice when there has been no collective or individual acknowledgment of responsibility).

The Chamber of Acknowledgment of Truth’s task will be to decide whether the cases fall within the competence of the SJP. To achieve this, it will be in close cooperation with various national justice bodies and civil organizations. Acknowledgment of truth and responsibility for the performance of acts can be made individually or collectively, orally or by letter sent to the Chamber of recognition of truth and responsibility, within one year from the Chamber has been inaugurated.
The Chamber of Amnesty and Pardon will apply special legal treatments for crimes that are eligible for amnesty or pardon, taking into account the recommendations of the Chamber for the Acknowledgment of Truth and Responsibility and the Establishment of facts.
The task of the Chamber for the Definition of legal situations will be to define the legal situation of those accessing the SJP, primarily those who cannot be granted amnesty or pardon and those who cannot be held accountable before the Tribunal, to be granted amnesty or pardon.

The Investigation and Indictment Unit’s function is to investigate (and charge) before the Peace Tribunal in cases when there has been no collective or individual acknowledgment of responsibility. It will also deal with cases that have been sent by the Chamber for the Acknowledgment of Truth and Responsibility or by the Chamber for the Definition of legal situations.

The Peace Tribunal will be divided in different sections and consist of experienced Colombian judges (in addition to four foreign judges who will act in the sections in the event that they are requested). The Court must be formed with criteria of gender equity and respect for ethnic and cultural diversity. A first section will be designed to issue sentences in cases where there has been acknowledgment of truth and responsibility. For the other cases there will be a second section, while a third will deal with the review of sentences. It will also have a section for appeal. After the Peace Tribunal has finished its tasks, a mechanism will be established for the creation of a section whose main task will be to ensure stability and effectiveness in the resolutions and sentences. The final sentences issued by the Peace Tribunal will be send immediately to the Commission for the Clarification of Truth, Coexistence and Non-repetition. All the sentences of the Peace Tribunal will become res judicata when they are final and their immutability will be ensured.
Sanctions
The agreement includes a detailed list of sanctions which can be imposed by the Peace Tribunal. The sanctions shall take into account the following:
• The extent of truth disclosed by the person  
• The gravity of the sanctioned conduct  
• The degree of participation and responsibility, and  
• The commitments made in terms of reparations of victims and guarantees of non -repetition.  
There are three kinds of sanctions, depending on if and when the accused has acknowledged the truth and responsibility for his actions. The sanctions are described as of restorative and reparative nature, including the restriction of rights such as the freedom of movement. They include for example the participation in infrastructure projects or programs for the clearance and eradication of explosive remnants of war for those who comprehensively acknowledge the truth but also imprisonment for persons who don’t. Sanctions imposed on those who acknowledge truth and responsibility for certain very serious offences will have a minimum duration of five years and a maximum duration of eight years and include effective restrictions of freedom and rights, such as freedom of residence and movement that are necessary for its execution. In the case of very serious crimes and without acknowledgement of truth and responsibility the effective deprivation of liberty will be between 15 and 20 years. Within the justice component of the CSTJRNR, a body will be created to verify compliance with the sanctions.
The Colombian state will offer an autonomous system of advice and defense, free of charge for those without resources. While the judges of the SJP will be granted autonomy to adopt their own operative rules and regulations, they are bound by the principles of impartiality, independence and the guarantees of the due process. All members of the FARC-EP are covered by a guarantee of non-extradition.]

International courts

Page 27, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 25,
There are offences that are not eligible for amnesty or pardon, according to articles 40 and 41 of this document. Crimes against humanity cannot receive amnesty nor other crimes proscribed in the Rome Statute.

Page 30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 39,
Actions related to political offences will be determined based on two criteria, an inclusive one and a restrictive one. The first criterion consists of the inclusion as related offences of: 1. Those related specifically to the development of rebellion, committed within the context of the armed conflict, such as, for example, the apprehension of combatants carried out during military operations; 2. Offences in which the passive subject of the conduct is the State and its current constitutional regime; and 3. Conducts that point to facilitating, supporting, financing or hiding the development of rebellion, for which the contents of the previous conducts will have to be defined.
The second criterion, of a restrictive nature, will exclude international crimes, according to points 40 and 41, as established by international law, according to the Rome Statute. With regard to the application of the criteria of ‘relatedness’ with regard to anything that has not been defined definitively in the amnesty law, the Doctrine adopted by the Chamber of Amnesty and Pardon and the Review Section of the Peace Tribunal, when interpreting the mentioned Law, will be taken into account.

Page 30, II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS, Article 40,
The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.
The amnesty law, will established which conducts, classified by national legislation, are not eligible for amnesty, as far as they correspond to the above.
The law will specify the scope of these conducts in accordance with the provisions of the Roma Statute, International Human Rights Law and International Humanitarian Law.

Page 42, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 59,
Regarding the responsibility of the members of the FARC-EP, International Humanitarian Law, International Law of Human Rights and International Criminal Law will be taken into account. The justice component of the CSTJRNR will take into account the relevance of the decisions taken by this organization that are relevant to its analysis of responsibilities. The responsibility of the FARC-EP commanders for acts carried out by their subordinates should be based on the effective control of the respective conduct, on the knowledge based on the information he/she had prior to or during and after the respective conduct, as well as in the means he/she had within his/her reach to prevent it, or where it had occurred, to make the relevant decisions. The responsibility of a commander cannot be based exclusively on his/her rank or hierarchy.

Pages 45-46, III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR, Article 67,
The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.
The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.
The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.
Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.

Page 54, Article 5.1.3.2. Concrete measures to contribute to reparation,
... Within the framework of the comprehensive system, the National Government will take the necessary measures to promote participation in different modes of reparation designed for state agents and others who have been involved directly in the conflict causing harm as a consequence of serious Human rights violations or breaches of International Humanitarian Law, and also of those who have indirectly participated in the conflict and may have had some responsibility in it. ...

Mechanism: [Summary: The entire agreement provides for mechanisms dealing with the past. It primarily explains the setup of the Comprehensive System of Truth, Justice, Reparation and Non Repetition. The Comprehensive System of Truth, Justice, Reparation and Non Repetition (CSTJRNR) shall be based on the principle of acknowledgement of the victims’ rights and that there should exist full truth on what happened during the armed conflict. The different mechanisms and measures of the Comprehensive System of Truth, Justice, Reparation and Non-repetition agreed by the National Government and the FARC-EP have the overarching goal of contributing to the prevention and guarantee of non-repetition of the violations and the conflict itself, by guaranteeing human rights and fighting impunity. Responsibility should be established for serious human rights violations and breaches of International Humanitarian Law during the conflict as well as repairing the harm that had been caused. The CSTJRNR shall combine judicial mechanisms in form of the Special Jurisdiction for Peace and extra-judicial mechanisms, contributing to clarifying the truth. In addition to the Special Jurisdiction for Peace, judicial mechanisms will be created, such as a unit for the investigation and dismantling of criminal organizations (including paramilitarism). The Comprehensive System will be based on a gender approach, responding in particular to the victimization of women and children. (For references to those groups please see corresponding categories.)]
The outset goals of the CSTJRNR are: Accountability, non-repetition, a territorial, gender and differential approach, legal security, coexistence and reconciliation and legitimacy. Its components encompass:

• Commission for the Clarification of Truth, Coexistence and Non-repetition
The commission will be put into force with the adoption of the Final Agreement. It will be extra-judicial and independent. The three main goals of the commission shall be the clarification of what happened during the conflict, the contribution to recognition and the promotion of coexistence. It will be guided by the following criteria: The centrality of the victims, impartiality and independence, a transitory character, participation, a territorial and gender-specific approach, the coordination with other peace building measures, coexistence and reconciliation. The commissioners will be exempted from the obligation to report crimes and their opinions and conclusions will not be judicially questioned. Prior to commencing its work, the Commission will establish procedures that ensure the due guarantees and a fair, dignified and non-discriminatory treatment of those who participate in it. The commission’s mandate encompasses - among other - acts constituting serious human rights violations and breaches of International Humanitarian Law, collective responsibilities of State authorities and other groups and institutions. The time period under study is limited to the period of the conflict and the commission itself is of temporary nature.
The commissions functions include (among other) the investigation of elements of its mandate, the creation of national and regional spaces (such as public forums), the establishment of relations with victims’ organizations and the preparation of a final report. The Commission will be composed of 11 commissioners who will be selected by a selection committee, composed by members from the government and the FARC-EP. The Commission will work for 3 years and a monitoring committee shall be set up to monitor the implementation of the recommendations of the Commission.

• Special Jurisdiction for Peace (for details see further down)
• Guarantees of non-repetition

The Special Jurisdiction for Peace (SJP) is designed to be the justice component of the Comprehensive System of Truth, Justice, Reparation and Non Repetition (CSTJRNR). The CSTJRNR in its functioning should focus on making an end to impunity. Its primary aim is to satisfy the right of the victims to justice and offer truth to the Colombian society and thereby contribute to a sustainable peace. The SJP is a special jurisdiction to carry out judicial functions autonomously, primarily regarding serious breaches of International Human Rights Law or International Humanitarian Law. It is going to enter into force with within the terms established in the Final Agreement. Among the basic principles guiding the SJP is a strong focus on women and child victims, as well as other vulnerable groups (poor, disabled, indigenous or elderly people). The SJP is a special jurisdiction to carry out judicial functions autonomously, primarily regarding serious breaches of International Human Rights Law or International Humanitarian Law. Therefore, its legal reference frameworks mainly include International Human Rights Law (IHRL) and International Humanitarian Law (IHL).
For detailed provisions on ‘amnesty’ please see entry in amnesty category.
The SJP will have jurisdiction over all those cases related to the armed conflict, even if the accused are not members of the armed rebel organizations. For conducts committed within, as a result of and in direct or indirect relationship with the armed conflict, the SJP will prevail over other criminal, disciplinary or administrative decisions. In addition, it will also have competence over financing or collaboration with paramilitary groups and State agents who may have committed crimes related to the armed conflict and within its context. Existing regulations on persons who have exercised the Presidency of the Republic will not be modified with the creation of the SJP. Where peaceful protests, the defense of human rights or the leadership of civil society groups had been punished, a mechanism of special treatment will be able to extinguish responsibility.
Procedure, Bodies and Sanctions of the SJP
The SJP will consist of the following bodies:
• Chamber of Acknowledgment of Truth, Responsibility and establishment of facts and conducts,
• Peace Tribunal,
• Chamber for Amnesty or Pardon,
• Chamber for the Definition of legal situations (for those cases not dealt by the definitions or other cases that hadn’t been foreseen)
• Investigation and Indictment Unit (satisfying the right of the victims to justice when there has been no collective or individual acknowledgment of responsibility).

The Chamber of Acknowledgment of Truth’s task will be to decide whether the cases fall within the competence of the SJP. To achieve this, it will be in close cooperation with various national justice bodies and civil organizations. Acknowledgment of truth and responsibility for the performance of acts can be made individually or collectively, orally or by letter sent to the Chamber of recognition of truth and responsibility, within one year from the Chamber has been inaugurated.
The Chamber of Amnesty and Pardon will apply special legal treatments for crimes that are eligible for amnesty or pardon, taking into account the recommendations of the Chamber for the Acknowledgment of Truth and Responsibility and the Establishment of facts.
The task of the Chamber for the Definition of legal situations will be to define the legal situation of those accessing the SJP, primarily those who cannot be granted amnesty or pardon and those who cannot be held accountable before the Tribunal, to be granted amnesty or pardon.

The Investigation and Indictment Unit’s function is to investigate (and charge) before the Peace Tribunal in cases when there has been no collective or individual acknowledgment of responsibility. It will also deal with cases that have been sent by the Chamber for the Acknowledgment of Truth and Responsibility or by the Chamber for the Definition of legal situations.

The Peace Tribunal will be divided in different sections and consist of experienced Colombian judges (in addition to four foreign judges who will act in the sections in the event that they are requested). The Court must be formed with criteria of gender equity and respect for ethnic and cultural diversity. A first section will be designed to issue sentences in cases where there has been acknowledgment of truth and responsibility. For the other cases there will be a second section, while a third will deal with the review of sentences. It will also have a section for appeal. After the Peace Tribunal has finished its tasks, a mechanism will be established for the creation of a section whose main task will be to ensure stability and effectiveness in the resolutions and sentences. The final sentences issued by the Peace Tribunal will be send immediately to the Commission for the Clarification of Truth, Coexistence and Non-repetition. All the sentences of the Peace Tribunal will become res judicata when they are final and their immutability will be ensured.
Sanctions
The agreement includes a detailed list of sanctions which can be imposed by the Peace Tribunal. The sanctions shall take into account the following:
• The extent of truth disclosed by the person  
• The gravity of the sanctioned conduct  
• The degree of participation and responsibility, and  
• The commitments made in terms of reparations of victims and guarantees of non -repetition.  
There are three kinds of sanctions, depending on if and when the accused has acknowledged the truth and responsibility for his actions. The sanctions are described as of restorative and reparative nature, including the restriction of rights such as the freedom of movement. They include for example the participation in infrastructure projects or programs for the clearance and eradication of explosive remnants of war for those who comprehensively acknowledge the truth but also imprisonment for persons who don’t. Sanctions imposed on those who acknowledge truth and responsibility for certain very serious offences will have a minimum duration of five years and a maximum duration of eight years and include effective restrictions of freedom and rights, such as freedom of residence and movement that are necessary for its execution. In the case of very serious crimes and without acknowledgement of truth and responsibility the effective deprivation of liberty will be between 15 and 20 years. Within the justice component of the CSTJRNR, a body will be created to verify compliance with the sanctions.
The Colombian state will offer an autonomous system of advice and defense, free of charge for those without resources. While the judges of the SJP will be granted autonomy to adopt their own operative rules and regulations, they are bound by the principles of impartiality, independence and the guarantees of the due process. All members of the FARC-EP are covered by a guarantee of non-extradition.]

Prisoner release: No specific mention.

Vetting: No specific mention.

Victims: [Summary: The aim of this agreement is to provide redress for the victims of the Colombian armed conflict. To place the victims in the center of the resolution of the conflict, a Comprehensive System of Truth, Justice, Reparation and Non Repetition shall be created. For a detailed summary please see 'transitional justice mechanism.']

Missing persons: • Special unit for the search for missing persons in the context and due to the armed conflict
The Special Unit will direct, coordinate and contribute to the implementation of humanitarian operations under the CSTJRNR in particular to search and locate missing persons who are alive, and in cases of death, if possible identify and ensure the dignified return of the remains of persons missing due to the armed conflict. Its nature is humanitarian and extra-judicial. Among its functions are the provision of a detailed report to the relatives, the dignified return of remains and the promotion of inter-institutional coordination on guidance and psycho-social care for the families. The Special Unit will coordinate its actions with the Commission for the Clarification of Truth, Coexistence and Non-repetition and it will have a director, who must be Colombian.

Reparations: Material reparations

[Summary: The aim of this agreement is to provide redress for the victims of the Colombian armed conflict. To place the victims in the center of the resolution of the conflict, a Comprehensive System of Truth, Justice, Reparation and Non Repetition shall be created. For a detailed summary please see 'transitional justice mechanism.']

• Comprehensive reparation measures for peace-building

Reconciliation: [Summary: The term 'reconciliation' is mentioned numerous times throughout the agreement, als reconciliation is among the aims of the agreement. For a detailed summary please see 'transitional justice mechanism'.]

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.

Peace Agreements Database

Agreement on the Victims of Conflict, 'Comprehensive System for Truth, Justice, Reparation and Non-repitition, including the Special Jurisdiction for Peace; and Commitment on Human Rights

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

The University of Edinburgh