Joint Communique #70

Country/entity
Colombia
Region
Americas
Agreement name
Joint Communique #70
Date
15/05/2016
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 communique informs that the negotiating parties agreed on the release and re-integration into society of minors under 15 years from the camps of the FARC. The agreement covers their legal treatment, commitments by the guerillas, guidelines for the re-integration and an accompaniment mechanism.

Agreement document
CO_160515_Joint Communiqué # 70, Havana.pdf []

Groups

Children/youth
Rhetorical
Page 1, Untitled Preamble
Within the framework of the end of the conflict, the comprehensive protection of children’s and adolescents’ rights (hereinafter minors) linked to the armed conflict is a purpose shared by the National Government and the FARC – EP. As a trust‐building measure and in order to take the first steps that will contribute to the progressive release of minors from the camps of the FARC – EP, and to guarantee their economic, social and cultural rights as well as their civil and citizen’s rights, the National Government and the FARC–EP have reached an agreement regarding the release of minors under 15 years old from the camps of the FARC – EP and a commitment to prepare a road map for the release of all other minors, and a special, comprehensive program for their care, pursuant to the following:...
Substantive
Page 1,
1. Guiding principles applicable to the minors subject matter of this agreement:
a. Compelling best interests of the children and adolescents.
b. Acknowledgement of rights.
c. Acknowledgement of citizens’ rights for the minors and their right to participate in the decisions that affect them.
d. Acknowledgement of their condition as victims of the conflict.
e. Respect for the dignity and the privacy of the minors.
f. Guarantees for the comprehensive protection of the minors, including security guarantees.
g. Participation of the minors in the execution of the program designed for their care, and respect for their point of view.
h. Prioritization of family and community reintegration, in their own communities or in culturally similar communities, to the extent possible and in the shortest possible time, always taking into consideration principles a. and c. above.
i. Differential approach, gender, ethnic and age‐based, with particular attention afforded to rights of the girls.
j. Humanitarian nature of the trust‐building measures: The measures and programs contained herein will have a strictly humanitarian nature.

Page 2, 2. Legal Treatment:
Under no circumstances may minors under 14 years old be declared criminally responsible. Minors between 14 and 18 years old that leave the camps of the FARC – EP in compliance with these trust‐building measures will be granted the benefit of pardon for rebellion and related crimes, whenever there are no impediments in Colombian laws. In regard to the minors who may be processed or convicted for the perpetration of crimes that may not be subject to amnesty or pardon, their situation will be studied at a later phase...

Page 2, 2. Legal Treatment:
...After the signature of the Final Agreement, the National Government undertakes to arrange the necessary measures for all minors who have left or will leave the camps of the FARC – EP and have been processed or convicted for crimes that are not subject to amnesty or pardon, to be placed at the disposal of the Special Jurisdiction for Peace in order to examine their responsibilities. Any action on the part of the judicial authorities will be conducted through trusted lawyers and avoiding the direct intervention of the minors referred to in these measures.

Page 2, 3.Commitments: The FARC – EP bind themselves to fully and effectively implement the following measures:
a. Continue to comply with their decision to end the recruitment of minors under 18 years old.
b. Deliver the information available regarding minors under 15 years old who will be leaving the camps shortly, within the framework of the trust‐building measures.
c. Proceed with the release of the minors under 15 years old from the camps of the FARC‐‐EP as soon as the protocol and the transitory placement plan are agreed, pursuant to the provisions set forth in this agreement.
d. Adopt the measures within their reach to guarantee the progressive release of all the minors currently in the camps of the FARC – EP, purpose for which the Government and the FARC – EP will work on a road map.
e. Contribute to the identification of all minors in the camps of the FARC – EP, in order for them to receive the necessary support and accompaniment in the release process, and to take part in the special program for the guarantee of their rights to be agreed for them.
f. Inform the guerrilla units about these measures.

Page 3, 3. Commitments: The National Government, in turn, binds itself to:
Arrange a technical table led by the Office of the Public Defender – Ombudsman
(Defensoría del Pueblo) and the Advisory Office on Human Rights of the Presidency of the Republic (Consejería de Derechos Humanos de la Presidencia de la República), which may request the presence of guests from other entities, and with the participation of the ICRC, the UNICEF, the IOM and three social or specialized organizations selected by the Table, in order to:
a. Prepare and submit to the Dialogue Table, within the following 15 days, a proposal regarding the protocol for the release of the minors under 15 years old from the camps of the FARC – EP, within the framework of the trust‐building measures, and a transitory placement plan in order to guarantee their rights, pursuant to the provisions set forth in this agreement.
b. Prepare and submit, within the following 30 days, a proposal for the discussion and approval at the Dialogue Table of a special, comprehensive program for all minors subject matter of this agreement, in order to guarantee the restitution of their rights.
c. Guarantee and protect the rights of the minors subject matter of this agreement.

Page 3-4, 4. Guidelines for the design of the Transitory Plan and the Special Program
For the design of the proposal on the Transitory Plan and the Special Program, in addition to the principles stated herein, the following guidelines will be considered:
a. Prioritization of family and community reintegration, in their own communities or in culturally similar communities, to the extent possible and in the shortest possible time, always taking into consideration the opinion and the compelling best interests of the minors.
b. Healthcare.
c. Education for the minors (basic, middle school, technical and technological, and
scholarships and access facilities to university education for those who reach and wish to have access to that academic level).
d. Guarantees for the inclusion of their families in state and international cooperation offerings of productive and decent housing projects, in order to contribute towards their social stabilization.
e. Active participation of the communities in the Program.
f. The Program will include all minors under 18 years old who have left or will leave the camps of the FARC – EP, including those who have left over the past months in compliance with the decision of the FARC – EP dated February 12, 2015, the three minors handed over to the ICRC on May 4, 2014, and the two indigenous minors handed over to the ICRC in Cauca on February 20, 2015.
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
Other
Page 4, 4. Guidelines for the design of the Transitory Plan and the Special Program
...f. The Program will include all minors under 18 years old who have left or will leave the camps of the FARC – EP, including those who have left over the past months in compliance with the decision of the FARC – EP dated February 12, 2015, the three minors handed over to the ICRC on May 4, 2014, and the two indigenous minors handed over to the ICRC in Cauca on February 20, 2015.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
Page 1, 1. Guiding principles applicable to the minors subject matter of this agreement:
...i. Differential approach, gender, ethnic and age‐based, with particular attention afforded to rights of the girls.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
Page 1, 1. Guiding principles applicable to the minors subject matter of this agreement:
...h. Prioritization of family and community reintegration, in their own communities or in culturally similar communities, to the extent possible and in the shortest possible time, always taking into consideration principles a. and c. above.

Page 3, Article 4a, Guidelines for the design of the Transitory Plan and the Special Program
Prioritization of family and community reintegration, in their own communities or in culturally similar communities, to the extent possible and in the shortest possible time, always taking into consideration the opinion and the compelling best interests of the minors.

Page 3, Article 4d, Guidelines for the design of the Transitory Plan and the Special Program
Guarantees for the inclusion of their families in state and international cooperation offerings of productive and decent housing projects, in order to contribute towards their social stabilization.

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 3, 3. Commitments: The National Government, in turn, binds itself to:
Arrange a technical table led by the Office of the Public Defender – Ombudsman (Defensoría del Pueblo) and the Advisory Office on Human Rights of the Presidency of the Republic (Consejería de Derechos Humanos de la Presidencia de la República), which may request the presence of guests from other entities, and with the participation of the ICRC, the UNICEF, the IOM and three social or specialized organizations selected by the Table, in order to:
a. Prepare and submit to the Dialogue Table, within the following 15 days, a proposal regarding the protocol for the release of the minors under 15 years old from the camps of the FARC – EP, within the framework of the trust‐building measures, and a transitory placement plan in order to guarantee their rights, pursuant to the provisions set forth in this agreement.
b. Prepare and submit, within the following 30 days, a proposal for the discussion and approval at the Dialogue Table of a special, comprehensive program for all minors subject matter of this agreement, in order to guarantee the restitution of their rights.
c. Guarantee and protect the rights of the minors subject matter of this agreement.

Page 4, 5. Accompaniment Mechanism:
We have agreed to ask the UNICEF and the IOM to accompany the fulfillment of the commitments acquired within the framework of these initial measures.
We invite the Office of the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict, the Carter Center, the Geneva Call and three social or specialized organizations selected by the Table to support, accompany and/or oversee the measures herein agreed.
The delegations of the National Government and the FARC – EP wish to state their gratitude for the support provided by the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict, Mrs. Leila Zerrougui, and by UNICEF Colombia, in order to enable this agreement.

Page 4, 4. Guidelines for the design of the Transitory Plan and the Special Program:
Active participation of the communities in the Program.

Page 4, 4. Guidelines for the design of the Transitory Plan and the Special Program:
The Program will include all minors under 18 years old who have left or will leave the camps of the FARC – EP, including those who have left over the past months in compliance with the decision of the FARC – EP dated February 12, 2015, the three minors handed over to the ICRC on May 4, 2014, and the two indigenous minors handed over to the ICRC in Cauca on February 20, 2015.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

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

Human rights and equality

Human rights/RoL
Page 1, Untitled Preamble,
...Within the framework of the end of the conflict, the comprehensive protection of children’s and adolescents’ rights (hereinafter minors) linked to the armed conflict is a purpose shared by the National Government and the FARC – EP. As a trust‐building measure and in order to take the first steps that will contribute to the progressive release of minors from the camps of the FARC – EP, and to guarantee their economic, social and cultural rights as well as their civil and citizen’s rights, the National Government and the FARC–EP have reached an agreement regarding the release of minors under 15 years old from the camps of the FARC – EP and a commitment to prepare a road map for the release of all other minors, and a special, comprehensive program for their care, pursuant to the following.

Page 1, 1. Guiding principles applicable to the minors subject matter of this agreement:
a. Compelling best interests of the children and adolescents.
b. Acknowledgement of rights.
c. Acknowledgement of citizens’ rights for the minors and their right to participate in the decisions that affect them.
d. Acknowledgement of their condition as victims of the conflict.
e. Respect for the dignity and the privacy of the minors.
f. Guarantees for the comprehensive protection of the minors, including security guarantees.
g. Participation of the minors in the execution of the program designed for their care, and respect for their point of view.
h. Prioritization of family and community reintegration, in their own communities or in culturally similar communities, to the extent possible and in the shortest possible time, always taking into consideration principles a. and c. above.
i. Differential approach, gender, ethnic and age‐based, with particular attention afforded to rights of the girls.
j. Humanitarian nature of the trust‐building measures: The measures and programs contained herein will have a strictly humanitarian nature.
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
Mentions of NHRI
Page 3, 3. Commitments: The National Government, in turn, binds itself to:
Arrange a technical table led by the Office of the Public Defender – Ombudsman (Defensoría del Pueblo) and the Advisory Office on Human Rights of the Presidency of the Republic (Consejería de Derechos Humanos de la Presidencia de la República), which may request the presence of guests from other entities, and with the participation of the ICRC, the UNICEF, the IOM and three social or specialized organizations selected by the Table, in order to:
a. Prepare and submit to the Dialogue Table, within the following 15 days, a proposal regarding the protocol for the release of the minors under 15 years old from the camps of the FARC – EP, within the framework of the trust‐building measures, and a transitory placement plan in order to guarantee their rights, pursuant to the provisions set forth in this agreement.
b. Prepare and submit, within the following 30 days, a proposal for the discussion and approval at the Dialogue Table of a special, comprehensive program for all minors subject matter of this agreement, in order to guarantee the restitution of their rights.
c. Guarantee and protect the rights of the minors subject matter of this agreement.
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
Reform to specific laws
Page 2, 2. Legal Treatment:
Under no circumstances may minors under 14 years old be declared criminally responsible. Minors between 14 and 18 years old that leave the camps of the FARC – EP in compliance with these trust-building measures will be granted the benefit of pardon for rebellion and related crimes, whenever there are no impediments in Colombian laws. In regard to the minors who may be processed or convicted for the perpetration of crimes that may not be subject to amnesty or pardon, their situation will be studied at a later phase...
Delimitation of powers in Criminal Justice System
Page 2, 2. Legal Treatment:
After the signature of the Final Agreement, the National Government undertakes to arrange the necessary measures for all minors who have left or will leave the camps of the FARC – EP and have been processed or convicted for crimes that are not subject to amnesty or pardon, to be placed at the disposal of the Special Jurisdiction for Peace in order to examine their responsibilities. Any action on the part of the judicial authorities will be conducted through trusted lawyers and avoiding the direct intervention of the minors referred to in these measures.
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
DDR programmes
[Summary: The whole agreement provides for the release of minors under the age of 15 years old from the camps of FARC-EP. The plan outlined involves five key components including legal treatment, healthcare and transitional steps. For detailed provisions see indigenous people, women, family, civil society, human rights, rebel forces, amnesty, past provision, victims, judiciary and international mission.]
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 2, 3. Commitments: The FARC – EP bind themselves to fully and effectively implement the following measures:
a. Continue to comply with their decision to end the recruitment of minors under 18 years old.
b. Deliver the information available regarding minors under 15 years old who will be leaving the camps shortly, within the framework of the trust‐building measures.
c. Proceed with the release of the minors under 15 years old from the camps of the FARC‐‐EP as soon as the protocol and the transitory placement plan are agreed, pursuant to the provisions set forth in this agreement.
d. Adopt the measures within their reach to guarantee the progressive release of all the minors currently in the camps of the FARC – EP, purpose for which the Government and the FARC – EP will work on a road map.
e. Contribute to the identification of all minors in the camps of the FARC – EP, in order for them to receive the necessary support and accompaniment in the release process, and to take part in the special program for the guarantee of their rights to be agreed for them.
f. Inform the guerrilla units about these measures.
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 2, 2. Legal Treatment:
Under no circumstances may minors under 14 years old be declared criminally responsible. Minors between 14 and 18 years old that leave the camps of the FARC – EP in compliance with these trust‐building measures will be granted the benefit of pardon for rebellion and related crimes, whenever there are no impediments in Colombian laws. In regard to the minors who may be processed or convicted for the perpetration of crimes that may not be subject to amnesty or pardon, their situation will be studied at a later phase...

Page 2, 2. Legal Treatment:
...After the signature of the Final Agreement, the National Government undertakes to arrange the necessary measures for all minors who have left or will leave the camps of the FARC – EP and have been processed or convicted for crimes that are not subject to amnesty or pardon, to be placed at the disposal of the Special Jurisdiction for Peace in order to examine their responsibilities. Any action on the part of the judicial authorities will be conducted through trusted lawyers and avoiding the direct intervention of the minors referred to in these measures.
Courts
National courts
Page 2, 2. Legal Treatment:
Under no circumstances may minors under 14 years old be declared criminally responsible. Minors between 14 and 18 years old that leave the camps of the FARC – EP in compliance with these trust‐building measures will be granted the benefit of pardon for rebellion and related crimes, whenever there are no impediments in Colombian laws. In regard to the minors who may be processed or convicted for the perpetration of crimes that may not be subject to amnesty or pardon, their situation will be studied at a later phase...

Page 2, 2. Legal Treatment:
...After the signature of the Final Agreement, the National Government undertakes to arrange the necessary measures for all minors who have left or will leave the camps of the FARC – EP and have been processed or convicted for crimes that are not subject to amnesty or pardon, to be placed at the disposal of the Special Jurisdiction for Peace in order to examine their responsibilities. Any action on the part of the judicial authorities will be conducted through trusted lawyers and avoiding the direct intervention of the minors referred to in these measures.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
Page 1, 1. Guiding principles applicable to the minors subject matter of this agreement:
...d. Acknowledgement of their condition as victims of the conflict.
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
Page 4, 5. Accompaniment Mechanism,
We have agreed to ask the UNICEF and the IOM to accompany the fulfillment of the commitments acquired within the framework of these initial measures. We invite the Office of the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict, the Carter Center, the Geneva Call and three social or specialized organizations selected by the Table to support, accompany and/or oversee the measures herein agreed. The delegations of the National Government and the FARC – EP wish to state their gratitude for the support provided by the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict, Mrs. Leila Zerrougui, and by UNICEF Colombia, in order to enable this agreement.
Enforcement mechanism
No specific mention.

The University of Edinburgh