Acuerdo Parcial sobre la Evaluación Jurídica de la Situación de Presos Políticos y Personas Privadas de la Libertad Reconocidas como Miembros del ELN Recluidos en las Prisiones y Centros de Detención del País

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Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo Parcial sobre la Evaluación Jurídica de la Situación de Presos Políticos y Personas Privadas de la Libertad Reconocidas como Miembros del ELN Recluidos en las Prisiones y Centros de Detención del País
Date: 4 Sep 2023
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Colombia VII - Petro Peace Dialogues with ELN
Parties: Government of the Republic of Colombia Delegation:

José Otty Patiño Hormaza (Head of the Government Delegation)
Iván Danilo Rueda Rodríguez (High Commissioner for Peace)
Iván Cepeda Castro
Adelaida Jiménez Cortés
Horacio Guerrero García
Olga Lillia Silva López
Orlando Romero Reyes
Rosmery Quintero Castro
Rodrigo Botero García
Carlos Alonso Rosero
Dayana Paola Urzola Domicó
José Félix Rentería Lozano
Nigeria Rentería Lozano
Álvaro Matallana Eslava
María José Pizarro Rodríguez

Ejército de Liberación Nacional (ELN) Delegation:

Pablo Beltrán (Head of the ELN Delegation)
Aureliano Carbonell
Bernardo Téllez
Nicolás Rodriguez Bautista
Isabel Torres
Simón Pabón
Manuel Aponte
Fabián Sepúlveda
Omar Vásquez
Third parties: Guarantor Countries Representatives:

Glivânia Maria de Oliveira (Federative Republic of Brazil)
Raúl Vergara Meneses (Republic of Chile)
Alejandro Malmierca Castaño (Republic of Cuba)
Roberto de León Herta (United Mexican States)
Jon Otto Brødholt (Kingdom of Norway)
Carlos Martínez Mendoza (Bolivarian Republic of Venezuela)

Permanent Companions:

Carlos G. Ruiz Massieu (Special Representative of the Secretary-General of the United Nations in Colombia)
Mons. Héctor Fabio Henao Gaviria (Delegate for Church–State Relations, CEC)
Description: This partial agreement establishes a Legal Commission to identify legal mechanisms for addressing the rights situation of ELN political prisoners and persons deprived of liberty in Colombian prisons. The agreement specifically focuses on improving detention conditions, enabling sentence redemption through peace-building activities, and facilitating prison transfers to allow collective detention. It also formalizes a Commission for Monitoring prison relief measures and recognizes procedures to appoint 10 ELN prisoners as peace promoters.

Agreement document: CO_230904_Acuerdo_Parcial_sobre_la_Evaluación_Jurídica_de_la_Situación_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_230904_Acuerdo Parcial sobre la Evaluación Jurídica de la Situación (opens in new tab)| Download PDF
Source of document: https://delegacionelnpaz.org/wp-content/uploads/2023/09/Acuerdo-Parcial.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: 1.3. Transfers, for security, family proximity, and procedural purposes, of political prisoners and persons deprived of liberty recognised as members of the ELN, taking into account conditions of detention aimed at allowing them to remain collectively in designated wings, corridors, or specific prison facilities.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: 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 general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Humane treatment in detention
1.1. The immediate favourable differentiated treatment for political prisoners and persons deprived of liberty recognised as members of the ELN, in order to modify the current security classification applied by INPEC.
...
1.3. Transfers, for security, family proximity, and procedural purposes, of political prisoners and persons deprived of liberty recognised as members of the ELN, taking into account conditions of detention aimed at allowing them to remain collectively in designated wings, corridors, or specific prison facilities.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: 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: 1.1. The immediate favourable differentiated treatment for political prisoners and persons deprived of liberty recognised as members of the ELN, in order to modify the current security classification applied by INPEC.
...
1.3. Transfers, for security, family proximity, and procedural purposes, of political prisoners and persons deprived of liberty recognised as members of the ELN, taking into account conditions of detention aimed at allowing them to remain collectively in designated wings, corridors, or specific prison facilities.
...
5. The ongoing procedure undertaken by the Office of the High Commissioner for Peace is recognised, with a view to issuing the resolutions appointing 10 political prisoners or persons deprived of liberty recognised as members of the ELN, included in the humanitarian prison relief lists, as peace promoters, so that their health needs may be addressed and they may take part in peace process education activities, thereby facilitating progress on what has been agreed.
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: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: 1.1. The immediate favourable differentiated treatment for political prisoners and persons deprived of liberty recognised as members of the ELN, in order to modify the current security classification applied by INPEC.
1.2. The redemption or commutation of time for peace-building activities undertaken by political prisoners and persons deprived of liberty recognised as members of the ELN who are serving sentences or involved in criminal proceedings.
1.3. Transfers, for security, family proximity, and procedural purposes, of political prisoners and persons deprived of liberty recognised as members of the ELN, taking into account conditions of detention aimed at allowing them to remain collectively in designated wings, corridors, or specific prison facilities.
...
5. The ongoing procedure undertaken by the Office of the High Commissioner for Peace is recognised, with a view to issuing the resolutions appointing 10 political prisoners or persons deprived of liberty recognised as members of the ELN, included in the humanitarian prison relief lists, as peace promoters, so that their health needs may be addressed and they may take part in peace process education activities, thereby facilitating progress on what has been agreed.
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: 1. To establish a Legal Commission composed of at least four (4) legal advisers, two from each delegation, whose purpose shall be to identify legal avenues, mechanisms and alternatives to address the following matters:
1.1. The immediate favourable differentiated treatment for political prisoners and persons deprived of liberty recognised as members of the ELN, in order to modify the current security classification applied by INPEC.
1.2. The redemption or commutation of time for peace-building activities undertaken by political prisoners and persons deprived of liberty recognised as members of the ELN who are serving sentences or involved in criminal proceedings.
1.3. Transfers, for security, family proximity, and procedural purposes, of political prisoners and persons deprived of liberty recognised as members of the ELN, taking into account conditions of detention aimed at allowing them to remain collectively in designated wings, corridors, or specific prison facilities.
2. The Legal Commission shall be temporary in nature and shall commence its work on 8 September 2023 in the city of Bogotá; its functioning and working arrangements shall be defined in that session.
3. The Legal Commission shall present its report at the start of the Fifth Cycle of the Peace Dialogue Roundtable, which must include its findings and recommendations.
4. The Parties agree on the formalisation of the dialogue space of the Commission for Monitoring, Support and Management of Prison Relief Measures, dependent on the Roundtable, established in the joint assessment of 10 May 2023 (point 5.4.4.1), which shall present reports at the beginning of each cycle.
5. The ongoing procedure undertaken by the Office of the High Commissioner for Peace is recognised, with a view to issuing the resolutions appointing 10 political prisoners or persons deprived of liberty recognised as members of the ELN, included in the humanitarian prison relief lists, as peace promoters, so that their health needs may be addressed and they may take part in peace process education activities, thereby facilitating progress on what has been agreed.
Prisoner release: 1.2. The redemption or commutation of time for peace-building activities undertaken by political prisoners and persons deprived of liberty recognised as members of the ELN who are serving sentences or involved in criminal proceedings.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: As Witnesses and Depositaries
...
Permanent Companions
Carlos G. Ruiz Massieu, Special Representative of the Secretary-General of the United Nations in Colombia
Other international signatory: As Witnesses and Depositaries
Guarantor Countries
Glivânia Maria de Oliveira, Federative Republic of Brazil
Raúl Vergara Meneses, Republic of Chile
Alejandro Malmierca Castaño, Republic of Cuba
Roberto de León Herta, United Mexican States
Jon Otto Brødholt, Kingdom of Norway
Carlos Martínez Mendoza, Bolivarian Republic of Venezuela
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.

PARTIAL AGREEMENT ON THE LEGAL ASSESSMENT OF THE SITUATION OF POLITICAL PRISONERS AND PERSONS DEPRIVED OF LIBERTY RECOGNISED AS MEMBERS OF THE ELN HELD IN THE COUNTRY’S PRISONS AND DETENTION CENTRES

The Government of the Republic of Colombia and the Ejército de Liberación Nacional (ELN), within the framework of Agreement No. 3, “Humanitarian Actions and Dynamics”, of 23 November 2022, and with the aim of identifying legal avenues, mechanisms and alternatives to analyse the rights situation of political prisoners and persons deprived of liberty recognised as members of the ELN held in the country’s prisons and detention centres, agree as follows:

1. To establish a Legal Commission composed of at least four (4) legal advisers, two from each delegation, whose purpose shall be to identify legal avenues, mechanisms and alternatives to address the following matters:

1.1. The immediate favourable differentiated treatment for political prisoners and persons deprived of liberty recognised as members of the ELN, in order to modify the current security classification applied by INPEC.

1.2. The redemption or commutation of time for peace-building activities undertaken by political prisoners and persons deprived of liberty recognised as members of the ELN who are serving sentences or involved in criminal proceedings.

1.3. Transfers, for security, family proximity, and procedural purposes, of political prisoners and persons deprived of liberty recognised as members of the ELN, taking into account conditions of detention aimed at allowing them to remain collectively in designated wings, corridors, or specific prison facilities.

2. The Legal Commission shall be temporary in nature and shall commence its work on 8 September 2023 in the city of Bogotá; its functioning and working arrangements shall be defined in that session.

3. The Legal Commission shall present its report at the start of the Fifth Cycle of the Peace Dialogue Roundtable, which must include its findings and recommendations.

4. The Parties agree on the formalisation of the dialogue space of the Commission for Monitoring, Support and Management of Prison Relief Measures, dependent on the Roundtable, established in the joint assessment of 10 May 2023 (point 5.4.4.1), which shall present reports at the beginning of each cycle.

5. The ongoing procedure undertaken by the Office of the High Commissioner for Peace is recognised, with a view to issuing the resolutions appointing 10 political prisoners or persons deprived of liberty recognised as members of the ELN, included in the humanitarian prison relief lists, as peace promoters, so that their health needs may be addressed and they may take part in peace process education activities, thereby facilitating progress on what has been agreed.

Caracas, Bolivarian Republic of Venezuela, 4 September 2023.

Signed,

Delegation of the Government of the Republic of Colombia

José Otty Patiño Hormaza

Head of the Government Delegation

Iván Danilo Rueda Rodríguez

High Commissioner for Peace

Iván Cepeda Castro

Adelaida Jiménez Cortés

Horacio Guerrero García

Olga Lillia Silva López

Orlando Romero Reyes

Rosmery Quintero Castro

Rodrigo Botero García

Carlos Alonso Rosero

Dayana Paola Urzola Domicó

José Félix Rentería Lozano

Nigeria Rentería Lozano

Álvaro Matallana Eslava

María José Pizarro Rodríguez

Delegation of the Ejercito de Liberacion Nacional (ELN)

Pablo Beltrán

Head of the ELN Delegation

Aureliano Carbonell

Bernardo Téllez

Nicolás Rodriguez Bautista

Isabel Torres

Simón Pabón

Manuel Aponte

Fabián Sepúlveda

Omar Vásquez

As Witnesses and Depositaries

Guarantor Countries

Glivânia Maria de Oliveira, Federative Republic of Brazil

Raúl Vergara Meneses, Republic of Chile

Alejandro Malmierca Castaño, Republic of Cuba

Roberto de León Herta, United Mexican States

Jon Otto Brødholt, Kingdom of Norway

Carlos Martínez Mendoza, Bolivarian Republic of Venezuela

Permanent Companions

Carlos G. Ruiz Massieu, Special Representative of the Secretary-General of the United Nations in Colombia

Mons. Héctor Fabio Henao Gaviria, Delegate for Church–State Relations, CEC