Joint Communique: Final Agreement, Plebiscite and Ceasefire

Country/entity
Colombia
Region
Americas
Agreement name
Joint Communique: Final Agreement, Plebiscite and Ceasefire
Date
07/10/2016
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
Implementation/renegotiation
Conflict nature
Government/territory
Peace process
101: Colombia V - Santos
Parties
Third parties
Description

Agreement document
CO_161007_Joint_communique_Final_agreement_plebiscite_and_ceasefire.pdf []

Groups

Children/youth
Substantive
Page 2,



4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
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 1,



2. We reiterate the commitment undertaken by the President of the Republic and the Commander of the FARC – EP to maintain the Final and Bilateral Ceasefire and End of the Hostilities decreed this past

August 29, and the monitoring and verification in charge of the tripartite mechanism. As well as the guarantees for the security and protection of the communities in their territories, as determined by the parties in the Protocol.

Page 2.



5. The delegations thank the International Committee of the Red Cross for its ongoing support, Chile and Venezuela for their accompaniment, and most of all Cuba and Norway for their intense and devoted task in support of the construction of the peace agreements for Colombia, their constant contribution toward the search for solutions during difficult moments, and their willingness to continue supporting the peace process.
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
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
Page 1,

The delegations of the National Government and the FARC – EP, after meeting in Havana with the guarantor countries and with the Head of the UN Special Mission in Colombia, Jean Arnault, wish to inform the public opinion that:



We recognize, however, that a majority those who took part in the Plebiscite held this past October 2 voted in favor of NO, even if the difference was very narrow. Within the framework of the presidential authorities granted by the Political Constitution, it is convenient for us to continue listening to the different sectors of society, in a swift and effective process, in order to understand their concerns and promptly determine a solution through the paths stated in the ruling of the Constitutional Court, C-379 of 2016. The proposals for adjustments and clarifications resulting from this process will be discussed between the National Government and the FARC – EP in order to provide guarantees for all.
Prisons and detention
Page 2,



4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Humanitarian assistance
Page 2,



4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
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
Page 2,



4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
General commitments
Page 1,



2. We reiterate the commitment undertaken by the President of the Republic and the Commander of the FARC – EP to maintain the Final and Bilateral Ceasefire and End of the Hostilities decreed this past August 29, and the monitoring and verification in charge of the tripartite mechanism. As well as the guarantees for the security and protection of the communities in their territories, as determined by the parties in the Protocol.

In order to strengthen this Ceasefire, we have agreed on a protocol, aimed at preventing any incident in the pre-grouping zones in the established quadrants and to ensure a climate of security and tranquility with the full application of all the rules that govern the Final and Bilateral Ceasefire and End of the Hostilities.

The Tripartite Monitoring and Verification Mechanism, with the participation of the Government and the FARC – EP and the coordination of United Nations’ mission will be in charge of monitoring and verifying compliance with the protocol, in particular compliance with the rules that govern the Ceasefire.
Police
No specific mention.
Armed forces
No specific mention.
DDR
Demilitarisation provisions
Page 2,



4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
Page 2,



4. In parallel, we will keep on moving forward in starting the operation of trustbuilding measures of a humanitarian nature, such as the search for people deemed as missing, the humanitarian de-mining

pilot plans, the voluntary substitution of illicit crops, the commitments regarding the release of minors from the camps and regarding the situation of individuals deprived of their freedom.
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
Page 1,

The delegations of the National Government and the FARC – EP, after meeting in Havana with the guarantor countries and with the Head of the UN Special Mission in Colombia, Jean Arnault, wish to inform the public opinion that:



We recognize, however, that a majority those who took part in the Plebiscite held this past October 2 voted in favor of NO, even if the difference was very narrow. Within the framework of the presidential authorities granted by the Political Constitution, it is convenient for us to continue listening to the different sectors of society, in a swift and effective process, in order to understand their concerns and

promptly determine a solution through the paths stated in the ruling of the Constitutional Court, C-379 of 2016. The proposals for adjustments and clarifications resulting from this process will be discussed between the National Government and the FARC – EP in order to provide guarantees for all.
International mission/force/similar
Page 2,



3. For that purpose, we ask the Secretary General of the United Nations, and through him, the Security Council, to authorize the United Nations’ Mission in Colombia to exercise the duties of monitoring, verification, conflict resolution, recommendations, reports and coordination of the Monitoring and Verification Mechanism set forth in Resolution 2261 (2016) in reference to the aforementioned

Protocol.
Enforcement mechanism
Page 1,



2. We reiterate the commitment undertaken by the President of the Republic and the Commander of the FARC – EP to maintain the Final and Bilateral Ceasefire and End of the Hostilities decreed this past August 29, and the monitoring and verification in charge of the tripartite mechanism. As well as the guarantees for the security and protection of the communities in their territories, as determined by the parties in the Protocol.



The Tripartite Monitoring and Verification Mechanism, with the participation of the Government and the FARC – EP and the coordination of United Nations’ mission will be in charge of monitoring and verifying compliance with the protocol, in particular compliance with the rules that govern the Ceasefire.

Page 2,

Likewise, we invite the countries that contribute to the Mission with unarmed observers to continue deploying their men and women, who will continue to have all the necessary security guarantees.

The University of Edinburgh