Acuerdo entre los Comandos Ernesto Rojas y el Gobierno Nacional, Protocolo de Adhesion al Acuerdo de Paz del EPL

Country/entity
Colombia
Region
Americas
Agreement name
Acuerdo entre los Comandos Ernesto Rojas y el Gobierno Nacional, Protocolo de Adhesion al Acuerdo de Paz del EPL
Date
20/03/1992
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
Implementation/renegotiation (Extends the agreement to new parties)
Conflict nature
Government
Peace process
97: Colombia I - Gaviria
Parties
Por el Gobierno Nacional
GONZALO DE FRANCISCO
Consejería para la Paz
EDUARDO DIAZ URIBE
Consejería para la Paz
JOSE NOE RIOS
Consejería para la Paz
JHON GOMEZ MARTINEZ
Director Programa Presidencial para la Reinserción
Por los Comandos Ernesto Rojas
ALEX CHACON
HECTOR TANGARIFE
Third parties
CARLOS ESPINOSA FACCIO LINCE
Presidente del Senado de la República
Presbítero FERNANDO GARCÍA
Secretario Pastoral Social Conferencia Episcopal
DARÍO MEJÍA
ExConstituyente
En la condición de reinsertados de EPL
JAIRO DE J. ECHEVERRI MONTOYA.
JOSE MORENO ROJAS.
Description
A very short agreement whereby the CER subscribed to the agreement of February 1991 between the government and the EPL.


Agreement document
CO_920320_Acuerdo Entre Los Comandos Ernesto Rojas Y El Gobierno Nacional - tr.pdf []

Agreement document (original language)
CO_920320_Acuerdo Entre Los Comandos Ernesto Rojas Y El Gobierno Nacional.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

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

State definition

State definition
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 2, Article 10,
As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.
Traditional/religious leaders
Page 2, Article 10,
As a historical record, the parties appoint the Colombian church and a representative of the Senate of the Republic, appointed by its president, and the former member of the National Constitutional Assembly Darío Mejía, as witness to this agreement.
Public administration
No specific mention.

Power sharing

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

Human rights and equality

Human rights/RoL
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
Demilitarisation provisions
Page 1, Article 1,
Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.
The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime. The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

Page 2, Article 5,
The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life. In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country. Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

Page 2, Article 6,
The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL. In this respect, they will also be subject to any supplementary agreements signed by both parties.

Page 2, Article 8,
The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Article 1,
Both the national government and the Ernesto Rojas Commandos agree on the need to implement and develop peaceful solutions to the armed conflict in Colombia.
The national government ratifies its desire to reach effective agreements to bring about the reincorporation into civil life of all those who, for political reasons, have decided to take up arms against the institutions and the current regime. The Ernesto Rojas Commandos affirm that Colombians should be given the opportunity for peaceful coexistence.

Page 2, Article 5,
The national government will promote the implementation of the security mechanisms required for members of the Ernesto Rojas Commandos to rejoin normal civil life. In this context, the national government will make the necessary arrangements to allow three members of the Ernesto Rojas Commandos to leave the country. Similarly, the national government, based on legal regulations, will make the relevant arrangements to allow the members of the Ernesto Rojas Commandos in the list in Annex 2 to legally bear arms.

Page 2, Article 6,
The members of the Ernesto Rojas Commandos listed in Annex 3 will be covered by the reinsertion programme established in the agreements signed between the national government and EPL. In this respect, they will also be subject to any supplementary agreements signed by both parties.

Page 2, Article 8,
The Ernesto Rojas Commandos will surrender arms, the totality of which will be melted down in Santafé de Bogotá upon completion of a collection plan to be previously defined by the parties, including the general list of arms (Annex 4) and the itinerary.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Amnesty/pardon proper
Page 1, Article 3,
3. Under Decree 1943, 12 August 1991, the national government awards reprieve or amnesty based on the list of people submitted by the Ernesto Rojas Commandos (Annex 1). The council for peace will submit this list to the Ministry of Justice within 24 hours from the signing of this protocol, in compliance with chapter II of Decree 1943.
Four people may be added to the list in the eight days following the signing of the protocol.

Page 2, Article 4,
4. Anyone who reoffends after the cessation of procedure established by the national government in Decree 213, 21 January 1991, as a result of the previous negotiations with EPL will not be eligible for reprieve or amnesty.
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 2, Article 7,
For the implementation and monitoring of the reinsertion programme, the Ernesto Rojas Commandos will be represented by Alex Chacón Usquiano before the Presidential Office for Reinsertion.

The University of Edinburgh