Page 2, Preamble
Considering that the sum of the accords of which the new Final Agreement is composed, contributes to … the rights of boys, girls and adolescents...
Page 3, Preamble
Emphasising that the new Final Agreement places special emphasis on the fundamental rights …. girls, boys and adolescents…
Page 6, Introduction
The conclusion of hostilities will first and foremost represent the end of the enormous suffering that the conflict has caused. Millions of Colombians, men and women alike, have been victims of forced displacement, the dead number in their hundreds of thousands, tens of thousands of people of all kinds have disappeared, and vast numbers of communities have been affected in one way or another throughout the length and breadth of the country, including… adolescents…
Page 9, Introduction
We, the delegations of the National Government and the FARC-EP, reiterate our profound gratitude to all victims, social and human rights organisations, communities, including… young people..
Page 42, 2.2. Democratic mechanisms for citizen participation, including those concerning direct participation, at various levels and in various subject areas
Through legal and technical assistance, support for the creation and consolidation of social movements and organisations. Notwithstanding the principle of equality, support will be given in the form of extraordinary measures to … young people …
Page 81, 3.4.2. National Political Pact:
The country’s desire to achieve a stable and long-lasting peace is based on the recognition of the need to overcome the armed conflict. The National Government and the new political movement that emerges from the transition of the FARC-EP to legal political activity undertake to promote a National Political Pact from the regions, with the aid of…young people…
Page 143, 126.96.36.199.2. Mandate
• The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, children, adolescents, youths…
Page 154, 5.1.2. Justice
SPECIAL JURISDICTION FOR PEACE
I. BASIC PRINCIPLES OF THE JUDICIAL COMPONENT OF THE COMPREHENSIVE SYSTEM FOR TRUTH, JUSTICE, REPARATIONS AND NON-RECURRENCE (CS)
7.- In addition, the consequences of such violations are most serious when they are committed against women or when victims belong to the most vulnerable groups, subjects of special protection, who deserve reparations and special protection, including … children, and adolescents….
Pages 200-201, 5.2. Commitment to the promotion, respect and guarantee of human rights
The end of the conflict constitutes the best opportunity to realise the rights of the victims to truth, justice, reparations and non-recurrence, and in general to ensure the full realisation of the human rights of all, including those of children, adolescents, youths…
Page 210, 6.1.3. Other measures to contribute to guaranteeing the implementation of the agreements
• In the implementation of everything agreed, the best interests of children and adolescents will be guaranteed, as well as their rights and their prevalence over the rights of everyone else.
Page 47, 2.2.4. Guarantees for reconciliation, coexistence, tolerance and non-stigmatisation, especially by reason of political and social action within the context of mutual respect
The Council will have the function of advising and monitoring the Government in implementing mechanisms and actions, which are to include:
The promotion of non-stigmatisation of groups in vulnerable circumstances or discriminated against, such as … young people…
Page 204, 6. Implementation, verification and public endorsement
General principles for implementation
• Respect for equality and non-discrimination: The implementation of this Agreement shall respect equality in all its aspects and equality of opportunity for everyone in accessing the different plans and programmes provided for in this Agreement, without any form of discrimination. Nothing contained in the Final Agreement shall be understood or interpreted as denying, restricting or infringing the rights of individuals, regardless of their … age… nor shall it be understood or interpreted as denying, restricting or infringing the right to unhindered development of the personality or the right to freedom of conscience.
• The adoption of an equity- and gender-based approach that takes account of the health requirements of women, in accordance with their life cycle, including measures to address sexual and reproductive health, psychosocial care and the special measures for pregnant women and children in the areas of prevention, health promotion and treatment.
188.8.131.52. Rural education:
with the aim of providing a comprehensive service for early childhood, guaranteeing the coverage, quality and relevance of education, eradicating illiteracy in rural areas, helping the younger generation to remain part of the production sector in the countryside, and promoting involvement in rural development on the part of regional academic institutions, the National Government is to set up and implement the Special Rural Education Plan (Plan Especial de Educación Rural). Implementation of the Plan will take account of the following criteria
Improvement of the conditions of access of boys, girls and adolescents to the education system and assistance in enabling them to continue their education, through the provision of free access to materials, textbooks, school meals and transport.
Page 32, 184.108.40.206. Formalisation of the rural labour market and social protection:…
Implementation of the plan will take account of the following criteria:
Promoting schemes for protection during pregnancy, childbirth, breast-feeding and health services for newborns…
Page 35, 2., Preamble
The National Government and the FARC-EP recognise that:
The promotion not only of political pluralism but also social movements and organisations, particularly of women, young people and other sectors excluded from the exercise of politics and, in general, the democratic debate, requires new forums for dissemination in order that parties, organisations and communities involved in peacebuilding can gain access to space on national, regional and local channels and broadcasters.
Pages 75-76, 220.127.116.11. Reincorporation for minors who have left the FARC-EP camps
Minors who have left the camps of the FARC-EP since the beginning of the peace talks as well as those who leave during the process of the laying down of arms shall be the subject of special care and protection measures which will be discussed in the National Reincorporation Council within the framework of the Commission for Monitoring, Promoting and Verifying the Implementation of the Final Agreement (CMPVI) and which will include the guiding principles that will apply to minors and the guidelines for drawing up the Special Programme in accordance with what is established in Joint Communiqué No. 70 of 15 May 2016 to ensure restitution of their rights with an equity-based approach, prioritising their access to healthcare and education. These minors will be accorded all the rights, benefits and allowances established for the victims of the conflict as well as those deriving from their process of reincorporation in the terms contemplated in this Final Agreement and priority will be given to family reunification wherever possible, and to final placement in homes in their original communities or others of a similar nature, whilst at all times taking into account the best interests of the child.
Follow-up of these programs shall be conducted by the National Reincorporation Council to coordinate with the competent state bodies, with the support of social or specialist organisations charged with carrying out oversight in the terms of Joint Communiqué No. 70. The Special Reincorporation Programme for minors must be prepared by the National Reincorporation Council within a maximum of 15 days from when the Final Agreement is signed, based on the proposal submitted by the technical committee created by means of Joint Communiqué No. 70. When the programme has been approved, the National Government will process the amendments to the rules necessary to guarantee their implementation, always taking into account the best interests of the child and International Humanitarian Law.
The programme must guarantee the full reincorporation of the minor and his or her psycho-social accompaniment, with the oversight of social or specialist organisations in the terms set out in Joint Communiqué No. 70, as well as the location of minors at temporary reception sites in municipalities near the TLZNs, guaranteeing the right to information for all participants, particularly children and adolescents.
Page 77, 18.104.22.168. Guarantees for a sustainable social and economic reincorporation
• Social programmes or plans In accordance with the results of the socioeconomic census, the plans or programmes necessary to safeguard the fundamental and basic rights of the population that is the subject of the present agreement shall be identified, such as rights to: formal education (primary and secondary, technical and technological, university) and education for work and human development, as well as validation and standardisation of knowledge and skills; housing; culture, recreation and sport; environmental protection and regeneration; psychosocial support; reunification of family units and extended families and elderly persons, including measures for the protection and care of children of members of the FARC-EP in the process of reincorporation.
Page 84, 3.4.3. National Commission on Security Guarantees for the dismantling of criminal organisations….
g. It shall plan and draw up strategies, within its jurisdiction, to identify the funding sources and patterns of criminal activity of the organisations and conduct that are the subject of this agreement; among those patterns shall be taken into account those that particularly affect … children, adolescents ….
Page 87, 3.4.4. Special Investigation Unit for the dismantling of criminal organisations and criminal acts…
• As an operating basis, this Unit shall take a multidimensional investigative approach which deals with the entire criminal chain of the organisations and conduct that are the subject of its mandate, including criminal conduct affecting… children and adolescents.
Page 89, 3.4.4. Special Investigation Unit for the dismantling of criminal organisations and criminal acts…
The Special Unit:
• Shall implement specialised investigation methodological plans in relation to the most serious acts of victimisation undertaken against … children, adolescents ...
Page 105, 4, Preamble
That this new vision involves seeking evidence-based alternatives and providing a different and differentiated treatment to the issue of drug use, the problem of crops used for illicit purposes and organised crime associated with drug trafficking, which unduly exploits young people.
Page 120, 22.214.171.124. Components of the comprehensive plans for the substitution of crops
a. Immediate attention plan and development of rural productive projects
• For the community in general:
o Early childhood: in order to facilitate access to employment opportunities for women who are heads of households and to contribute to food security in early childhood, a programme of rural nurseries will be developed in the villages affected by crops used for illicit purposes.
o School population: in order to improve the food security of children of school age and maximise the numbers staying in education, a programme to build and fit out school canteens and supply food will be developed to ensure that every child attending school in the territories affected by crops used for illicit purposes receives breakfast, without prejudice to the agreed in section 1 of the Special Plan for Rural Education, in particular the emergency plans referred to in section 1.3.4 of the Comprehensive Rural Reform, System for the progressive realisation of the right to food.
Page 122, 126.96.36.199. Components of the comprehensive plans for the substitution of crops
f. Timescales, targets and indicators The comprehensive plans for the substitution of crops and alternative agrarian development, like the Agreements, must include timescales for implementation with targets and indicators, including the commitments made by the community, so as to be able to measure the impact of projects on the conditions of well-being of communities – children … and monitor the plan.
Page 123, 4.2. Public Health and Drug Use Prevention Programmes
Public Health and Drug Use Prevention Programmes Illicit drug use is a multi-causal phenomenon associated with the specific economic, social, family and cultural conditions of the society or environment of each person, and must be treated as a public health issue. The solution requires commitment and collaboration between the authorities, the community and the family, based around a policy of health promotion, prevention, comprehensive care and social inclusion, with particular emphasis on children and adolescents.
Page 124, 188.8.131.52. Principles:
The national policy to tackle illicit drug use will be guided by the following principles:
… • Equity-based and gender-based approach.. This approach should take into account the relationship between illicit drug use and violence against women, especially domestic violence and sexual violence. Measures will be provided for women, and adolescent and young girls. In any case, the actions implemented must respect the ancestral use of the coca leaf by indigenous communities.
Page 126, 184.108.40.206. Participatory action plans with territorial-based and population-focused approach:
These plans shall contain at least
• Actions to support and strengthen youth leadership processes so as to make a positive difference in various situations (schools, clubs, neighbourhoods, etc.).
• Special prevention programmes in educational institutions at different levels, to be extended to urban centres and rural areas, by involving headteachers, teachers, parents, and students, through comprehensive training initiatives.
… • Actions by the Government, families, communities and the education community to protect children and adolescents from consumption of illicit drugs.
Page 136., 5.1. Comprehensive System for Truth, Justice, Reparations and Non-Recurrence, Preamble
The Comprehensive System has an equity-based and gender-based approach, which adapts and responds to the particular characteristics of the victimisation in each territory and each population, and in particular to the needs of women and children.
Page 137, Comprehensive System for Truth, Justice, Reparations and Non-Recurrence, a. Goals,
• Territorial-based, equity-based and gender-based approach, through the differentiated treatment of territories and populations, in particular of women and children victims, and of the most deprived and most vulnerable populations and communities, and therefore those most affected by the conflict.
Page 140, 220.127.116.11. Truth, Coexistence and Non-Recurrence Commission (Comisión para el Esclarecimiento de la la Verdad, la Convivencia y la No Repetición)
First, the Commission shall help uncover the truth about what has happened, in accordance with the aspects of the mandate described below, and offer an extensive explanation of the complexity of the conflict, so as to promote a shared understanding among society, in particular as regards the least known aspects of the conflict, such as the impact of the conflict on children and adolescents ….
Throughout its work the Commission will take an appropriate approach to learn about the different ways in which the conflict affected … children, adolescents… inter alia. This should also help to raise awareness in Colombian society of the specific ways in which the conflict reproduced historical mechanisms of discrimination, as a fundamental first step towards a more just and inclusive society.
Page 161, 5.1.2. Justice
40.- … forced displacement and the recruitment of minors will all be ineligible for an amnesty or pardon, in every case as established in the Rome Statute.
Pages 182-183, 5.1.2. Justice: With regard to justice, it has been agreed to establish a Special Jurisdiction for Peace (Jurisdicción Especial para la Paz).
SPECIAL JURISDICTION FOR PEACE
LIST OF SANCTIONS.
There are three types of sanction:
I.- Sanctions applicable to persons who acknowledge exhaustive, complete and detailed truth before the Judicial Panel for Acknowledgement of Truth and Responsibility:
… Sanctions relating to harm or injury caused to minors, women and other affected parties are also included, bearing in mind the need for the fullest possible reparations and redress to victims of the armed conflict.
Page 198, 5.1.4. Guarantees of non-recurrence
Secondly, by means of the recognition of what has occurred in the context of the conflict and of the clarification and rejection of the serious violations of human rights and serious breaches of international humanitarian law, including those that have been historically less visible such as those committed against … children and adolescents…
Pages 220-221, 6.2.3. Safeguards and guarantees
e. In relation to victims of the conflict: “Comprehensive System for Truth, Justice, Reparations and Non-Recurrence”
• A special harmonisation programme will be drawn up in collaboration with the representative organisations of the ethnic peoples, for the reincorporation of demobilised individuals belonging to such peoples, who opt to return to their communities, in order to guarantee the restoration of territorial harmony. An educational and communication strategy will be agreed for the dissemination of the principles of non-racial and ethnic discrimination against women, youngsters and girls demobilised from the conflict.
Page 307, APPENDIX I LAW ON AMNESTY, PARDON AND SPECIAL CRIMINAL TREATMENT
CHAPTER III AMNESTIES OR PARDONS GRANTED BY THE JUDICIAL PANEL FOR AMNESTY AND PARDON
a. … child abduction…
Page 310, APPENDIX I LAW ON AMNESTY, PARDON AND SPECIAL CRIMINAL TREATMENT
CHAPTER IV JURISDICTION AND OPERATION OF THE JUDICIAL PANEL FOR DETERMINATION OF LEGAL SITUATIONS
10. - Decide on waiving criminal prosecution against persons who, having directly or indirectly participated in the armed conflict as minors …
Page 311, APPENDIX I LAW ON AMNESTY, PARDON AND SPECIAL CRIMINAL TREATMENT
Article 29. Assessment criteria of the Judicial Panel for Determination of Legal Situations.
Any persons to whom the crimes committed in the context of and due to the armed conflict may be subject to the decisions mentioned in this chapter, provided that they do not constitute: 1. …child abduction….
Pages 317-318, APPENDIX I LAW ON AMNESTY, PARDON AND SPECIAL CRIMINAL TREATMENT
SECTION II MECHANISMS FOR DIFFERENTIATED SPECIAL PROCEEDINGS FOR AGENTS OF THE STATE
This mechanism is not appropriate in the case of: 1. … abduction of minors…
When the foregoing has been established, the Judicial Panel will order a waiver of criminal prosecution provided that the conduct in question does not constitute … abduction of minors…
The beneficiaries of temporary, conditional, early release. Agents of the state that meet the following requirements will be considered as beneficiaries of transitional, conditional early release: 1. They must have been convicted or tried for punishable acts committed due to, during, or directly or indirectly related to, the armed conflict. 2. The acts in question must not constitute … abduction of minors…
Article 55. Beneficiaries of Imprisonment in a Military or Police Unitfor members ofthe Military of the Police Forces. Members of the Military or the Police Forces who, at the moment when this law comes into effect, have been imprisoned for less than five (5) years will, in accordance with the provisions established for alternative sanctions in the Special Jurisdiction for Peace, continue to be imprisoned in a Military or Police Unit provided that they comply with the following concurrent requirements:
... 2. The crimes in question consist of … abduction of minors