Acuerdo entre el Gobierno Nacional y las FARC-EP (Acuerdo Humanitario)

Country/entity
Colombia
Region
Americas
Agreement name
Acuerdo entre el Gobierno Nacional y las FARC-EP (Acuerdo Humanitario)
Date
02/06/2001
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
99: Colombia III - Arango
Parties
National Govt, FARC-EP
Third parties
Description
Agreed exchange of soldiers and policemen for FARC-EP members, facilitated by the ICRC

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. 223

Agreement document
CO_010602_Government-FARC humanitarian exchange accord.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
Page 1,
... That Law 418/97, renewed by Law 548/99 provides that the State will encourage the establishment of a just social order which will secure peaceful coexistence, the protection of the rights and freedoms of the individual; and will adopt measures in favour of groups affected by marginalization or discrimination in order to achieve conditions of real equality and to provide all with the same opportunities for appropriate development of the individual, the family and the social group; ...

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
Pages 2-3, INSTRUMENTS,
... The F ARC-EP have delivered to the Government the list of sick soldiers and policemen in their power, and undertake to place them in places which will permit their easy and immediate verification by the International Red Cross Committee; and these places will be determined by the Government and FARC-EP; ...
The Government has performed the appropriate medical examination through a group of doctors recommended by the International Red Cross Committee or an entity named by the Government, for the members of the FARC-EP referred to in this Agreement; ...
With regard to the sick soldiers and policemen in the power of the F ARC-EP, once their state of health has been established the International Red Cross Committee will receive them at the place agreed by the parties, on the same day that the members of the F ARC-EP are released.
The sick members of the F ARC-EP to whom the Government has determined that this Agreement may apply, will be released to the International Red Cross Committee at their place of confinement, once the detention order or sentence has been effectively suspended;
The International Red Cross Committee will deliver them at the place and time agreed by the Parties; ...
The Government and FARC-EP agree that the United Nations Organization and the Office of the People's Defender will be invited to attend on the day of the release of the sick; ...
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,
... That Article 8 of Law 418/97, renewed by Law 548/99, expressly gives the Government the permanent power, to be exercised by the Government alone, to sign agreements with the representatives of armed organizations which act outside the law which have been recognized to h~ a political character, designed to obtain solutions to armed conflict, the effective application of international humanitarian law, respect for human rights, the cessation or reduction of the intensity of hostilities, the reincorporation of the members of such organizations into civil life and the creation of conditions which favour a just political, social and economic order; ...
Equality
Page 1,
... That Law 418/97, renewed by Law 548/99 provides that the State will encourage the establishment of a just social order which will secure peaceful coexistence, the protection of the rights and freedoms of the individual; and will adopt measures in favour of groups affected by marginalization or discrimination in order to achieve conditions of real equality and to provide all with the same opportunities for appropriate development of the individual, the family and the social group; ...
Democracy
No specific mention.
Protection measures
Protection of rights and legal frameworks
Page 1,

That Law 418/97, renewed by Law 548/99 provides that the State will encourage the establishment
of a just social order which will secure peaceful coexistence, the protection of the rights and
freedoms of the individual; and will adopt measures in favour of groups affected by marginalization
or discrimination in order to achieve conditions of real equality and to provide all with the same
opportunities for appropriate development of the individual, the family and the social group;
Human rights framework
Treaty incorporation
Page 2, GENERAL,
This Agreement is signed for humanitarian reasons and therefore its scope is restricted to its specific content; and None of the terms of this Agreement reduce the minimum obligations of common Article 3 of the 1949 Geneva Conventions and their supplementary Protocol II, and the terms of this Agreement have no effect on the juridical status of the signatories in the light of the content of common Article 3 of the Geneva Conventions.
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
[Summary]
The agreement provides for an exchange of 15 sick prisoners (FARC members) for 42 sick soldiers and policemen. For details please see entry at 'prisoner release'.
Armed forces
No specific mention.
DDR
Demilitarisation provisions
Page 1,
... That Article 8 of Law 418/97, renewed by Law 548/99, expressly gives the Government the permanent power, to be exercised by the Government alone, to sign agreements with the representatives of armed organizations which act outside the law which have been recognized to h~ a political character, designed to obtain solutions to armed conflict, the effective application of international humanitarian law, respect for human rights, the cessation or reduction of the intensity of hostilities, the reincorporation of the members of such organizations into civil life and the creation of conditions which favour a just political, social and economic order;
...
That the Government has decided to proceed with dialogue and negotiation with F ARC-EP and to sign agreements with its representatives in accordance with the progress made at the negotiating tables, in order to create conditions for the reincorporation into civil life of the members of that organization, in order to favour a just political, social and economic order; That FARC-EP have on many occasions stated that the signature of this Agreement would represent a substantial step forward in the peace process; ...
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
[Summary]
The agreement provides for an exchange of 15 sick prisoners (FARC members) for 42 sick soldiers and policemen. For details please see entry at 'prisoner release'.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
[Summary]
The agreement provides for an exchange of 15 sick prisoners (FARC members) for 42 sick soldiers and policemen. Furthermore, FARC-EP undertake to release unilaterally at least 100 soldiers and policemen who are in their power and are not sick, within 15 days of delivery of the sick soldiers and policemen. It is assumed that the released FARC members will not take part in future hostilities due to their physical health.
The agreement is stated to be signed for humanitarian reasons and has a restricted scope. The exchange of prisoners/hostages will be facilitated by the International Red Cross Committee.
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
No specific mention.

The University of Edinburgh