Acuerdo de 'Agenda Comun por el Cambio hacia una Nueva Colombia', Gobierno Nacional-FARC-EP

Country/entity
Colombia
Region
Americas
Agreement name
Acuerdo de 'Agenda Comun por el Cambio hacia una Nueva Colombia', Gobierno Nacional-FARC-EP
Date
06/05/1999
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (Colombian Conflict (1964 - )
The Colombian conflict is really a set of conflicts and the peace agreements reflect both different processes relating to different conflict groups and dyads, and processes taking place at different times in a complex peace process history. The Colombian civil war has its roots in the late 1940s and the violent infighting between liberal and the conservative factions. Emerging from the liberal tradition with a thorough grounding in nationalist communist ideology, the Revolutionary Armed Forces of Colombia—People's Army (FARC) began its armed insurrection against the Colombian government in 1964. Other left-wing guerrillas emerged as well, most notably the socialist/populist M-19, which would later be integrated into the formal political system in the peace process of 1990s; the National Liberation Army (ELN), which has strong roots in liberation theology, and the Maoist Ejército Popular de Liberación (EPL) (also part of the 1990 process, less successfully). Several stages of peace processes were undertaken by the various sides, which were further complicated by the emergence of right-wing paramilitary ‘self-defence’ forces. The peace agreement between the Colombian government under President Uribe and the main alliance of the paramilitary groups, the United Self-Defence Forces of Colombia (AUC), concluded in 2005 and is still heavily disputed as several remnants are still active, but now subsumed under the heading ‘Bacrim’ (Bandas criminales). In addition, FARC and ELN maintain a military presence, but both demonstrate a strong interest in completing successful peace negotiations with the government, with the most recent agreements being between FARC and the Government.

Colombian Conflict (1964 - ) )
Stage
Pre-negotiation/process (Process)
Conflict nature
Government
Peace process
99: Colombia III - Arango
Parties
For the national government: VICTOR G. RICARDO; FABIO VALENCIA COSSIO; MARÍA EMMA MEJÍA VÉLEZ; NICANOR RESTREPO SANTAMARÍA; RODOLFO ESPINOSA MEOLA
For FARC: RAÚL REYES; JOAQUÍN GÓMEZ; FABIÁN RAMÍREZ
Third parties
Description
Agreed framework for future negotiations, incl. protection of human rights as a responsibility of the state, agrarian policy, natural resources, international treaties, income redistribution, justice reform/fighting corruption/drug trafficking, political reform to broaden democracy, state reform, agmts about IHL, armed forces, intl agreements, formalizing the arrangements.

Source: Diálogo, negociación y ruptura con las FARC-EP y con el ELN, Biblioteca de la Paz – 1998-2000, Fundación Cultura Democrática, Ed. Álvaro Villarraga Sarmiento, Bogotá D.C., 2009 (book V) p. 179

Agreement document
CO_990506_Agenda Común Por El Cambio Hacia Una Nueva Colombia - tr.pdf []

Agreement document (original language)
CO_990506_Agenda Común Por El Cambio Hacia Una Nueva Colombia.pdf []

Groups

Children/youth
Rhetorical
Pages 2-3, Article 9.1.,
Removing children from the armed conflict.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
Rhetorical
Page 1, Article 1,
Negotiated political solution: a negotiated political solution will be sought to the severe social and armed conflict. The solution will lead to a new Colombia via political, economic and social transformations that will make it possible to reach consensuses to build a new state founded on social justice and to preserve national unity. Peace results will occur as the negotiations advance. This means a commitment to the construction of peace, which must be accepted by all Colombians, without distinguishing between parties, and economic, social and religious interests.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
State configuration
Page 2, Article 8.3.,
Decentralisation and the strengthening of local power.
Self determination
Page 3, Article 11.1.,
Respect for free self-determination and non-intervention.

Governance

Political institutions (new or reformed)
General references
Page 2, Article 7,
Political reform to expand democracy.
7.1. Reforms to political parties and movements.
7.2. Electoral reforms.
7.3. Opposition guarantees.
7.4. Minority guarantees.
7.5. Citizen participation mechanisms.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
Page 2, Article 7.2.,
Electoral reforms.
Electoral commission
No specific mention.
Political parties reform
Other political parties reform
Page 2, Article 7,
Political reform to expand democracy.
7.1. Reforms to political parties and movements.
7.2. Electoral reforms.
7.3. Opposition guarantees.
7.4. Minority guarantees.
7.5. Citizen participation mechanisms.
Civil society
Page 1, Article 1,
A political solution to the serious social and armed conflict is being sought, one which will bring a new Colombia through political, economic, and social change, creating consensus to build a new state, founded on social justice and conserving national unity.
Acts of peace will occur as the negotiations advance. This means that all Colombians must commit to the construction of peace without regard to economic, social or religious interests, or political parties.

Page 2, Article 7.5.,
Citizen participation mechanisms.
Traditional/religious leaders
No specific mention.
Public administration
Page 2, Article 8,
...
8.2. Administrative reform to improve the efficiency of public administration.
8.3. Decentralisation and the strengthening of local power.
8.4. Public services.
8.5. Strategic sectors

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, Article 2,
Protection of human rights as a state responsibility.
2.1. Fundamental rights.
2.2. Economic rights.
2.3. International treaties on human rights.

Page 3, Article 10,
Military forces.
...
10.2. Protection of human rights.
...
Equality
Page 1, Article 1,
Negotiated political solution: a negotiated political solution will be sought to the severe
social and armed conflict. The solution will lead to a new Colombia via political,
economic and social transformations that will make it possible to reach consensuses to
build a new state founded on social justice and to preserve national unity. Peace results
will occur in line with the progress of the negotiations.
This means a commitment to the construction of peace, which must be accepted by all
Colombians, without distinguishing between parties, and economic, social and religious
interests.
Democracy
Page 2, Article 7,
Political reform to expand democracy.
7.1. Reforms to political parties and movements.
7.2. Electoral reforms.
7.3. Opposition guarantees.
7.4. Minority guarantees.
7.5. Citizen participation mechanisms

Page 3, Article 12,
Formalisation of agreements.
12.1. Democratic instruments to legitimise the agreements.
Protection measures
Protection of rights and legal frameworks
Page 1, 2. Protection of human rights as a state responsibility.
2.1. Fundamental rights.
2.2. Economic rights.
2.3. International treaties on human rights

Page 3, 10. Military forces.
10.2. Protection of human rights
Other
Page 1, 4. Exploitation and conservation of natural resources.
4.1. Natural resources and their distribution.
4.2. International treaties.
4.3. Protection of the environment based on sustainable development.
Human rights framework
Treaty incorporation
Pages 2-3, Article 9,
Agreements on international humanitarian law.
...
9.4. Validity of international regulations.

Page 3, Article 4,
Exploitation and conservation of natural resources.
...
4.2. International treaties.
...

Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
Page 2, Article 6,
Reforms to the justice system, the fight against corruption and drug trafficking.
6.1. Legal system.
6.2. Control bodies.
6.3. Instruments for the fight against corruption.
6.4. Drug trafficking.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 1, Article 1,
Negotiated political solution: a negotiated political solution will be sought to the severe
social and armed conflict. The solution will lead to a new Colombia via political,
economic and social transformations that will make it possible to reach consensuses to
build a new state founded on social justice and to preserve national unity. Peace results
will occur in line with the progress of the negotiations.
This means a commitment to the construction of peace, which must be accepted by all
Colombians, without distinguishing between parties, and economic, social and religious
interests.

Page 1, Article 3,
Integrated agrarian policy.
3.1. The democratisation of credit, technical assistance and trade.
3.2. The redistribution of unproductive land.
3.3. Recovery and distribution of land acquired through drug trafficking and illicit
wealth.
3.4. Stimuli for production.
3.5. Integrated territorial laws.
3.6. Substitution of illicit crops and alternative development.

Page 2, Article 5,
Economic and social structure.
5.1. Revising the economic development model.
5.2. Income redistribution policies.
5.3. Expanding internal and external markets.
5.4. Stimulating production via small, medium and large private enterprise.
5.5. Support for the solidarity and cooperative economy.
5.6. Stimulating foreign investment that benefits the country.
5.7. Social participation in planning.
5.8. Investments in social well-being, education and scientific investigation.
National economic plan
No specific mention.
Natural resources
Page 3, Article 4,
Exploitation and conservation of natural resources.
4.1. Natural resources and their distribution.
...
International funds
No specific mention.
Business
Page 2, Article 5.4.,
Stimulating production via small, medium and large private enterprise.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
Land reform and management
Page 1, Article 3,
Integrated agrarian policy.
...
3.2. The redistribution of unproductive land.
3.3. Recovery and distribution of land acquired through drug trafficking and illicit
wealth.
3.4. Stimuli for production.
3.5. Integrated territorial laws.
...
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
Page 3, Article 4,
Exploitation and conservation of natural resources.
...
4.3. Protection of the environment based on sustainable development.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 3, Article 10,
Military forces.
10.1. Defence of sovereignty.
10.2. Protection of human rights.
10.3. Combating self-defence groups.
10.4. International treaties.
DDR
Demilitarisation provisions
Pages 2-3, Article 9.2.,
Antipersonnel mines.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 1, Article 3.6.,
Substitution of illicit crops and alternative development.

Page 2, Article 6,
Reforms to the justice system, the fight against corruption and drug trafficking.
...
6.3. Instruments for the fight against corruption.
6.4. Drug trafficking.
Crime/organised crime
Page 1, Article 3.6.,
Substitution of illicit crops and alternative development.

Page 2, Article 6,
Reforms to the justice system, the fight against corruption and drug trafficking.
...
6.3. Instruments for the fight against corruption.
6.4. Drug trafficking.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 3, Article 12,
Formalisation of agreements.
12.1. Democratic instruments to legitimise the agreements.

The University of Edinburgh