Segundo Acuerdo de Caracas - Zonas Críticas o de Crisis Humanitaria

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Country/entity: Colombia
Region: Americas
Agreement name: Segundo Acuerdo de Caracas - Zonas Críticas o de Crisis Humanitaria
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: 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 Lilia Silva Lopez
Orlando Romero Reyes
Rosmery Quintero Castro
Rodrigo Botero García
Carlos Alfonso Rosero
Dayana Paola Urzola Domicó
José Feliz Lafaurie Rivera
Nigeria Rentería Lozano
Álvaro Matallana Eslava
María José Pizarro Rodriguez

Delegation of the Ejército de Liberación Nacional (ELN)

Pablo Beltrán
Head of the ELN Delegation

Aureliano Carbonell

Bernardo Téllez

Nicolás Rodríguez Bautista

Isabel Torres

Simón Pabón

Manuel Aponte

Fabián Sepúlveda

Omar Vásquez
Third parties: 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, United Mexican States}

{Jon Otto Brødholt, Kingdom of Norway}

{Juan Carlos Jiménez Riera, Bolivarian Republic of Venezuela}

As Observer of the Armed Forces:

Bg. William Oswaldo Rincón Zambrano

Mg. Hugo Alejandro López Barreto

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 agreement between the Government of Colombia and the ELN defines “critical or humanitarian crisis zones” based on criteria such as human rights violations, displacement, state collusion with armed groups, and attacks by illegal actors. It establishes priority areas for humanitarian intervention, beginning with Bajo Calima–San Juan and expanding to other regions including Bajo Cauca, southern Bolívar, and northeastern Antioquia. The agreement links these actions to the national ceasefire and outlines coordinated social, environmental, and territorial development measures led by government institutions in partnership with local communities.

Agreement document: CO_230904_Segundo_Acuerdo_de_Caracas_-_Zonas_Críticas_o_de_Crisis_Humanitaria_ EN (opens in new tab) | Download PDF
Agreement document (original language): CO_230904_Segundo Acuerdo de Caracas - Zonas Críticas o de Crisis Humanitaria (opens in new tab)| Download PDF
Source of document: https://www.consejeriacomisionadadepaz.gov.co/dialogos-eln/Documents/Acuerdo%2013%20Zonas%20cri%CC%81ticas.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: Groups→Racial/ethnic/national group→Rhetorical
3. Forms of humanitarian action, participation, ceasefire and territorial development
...
These will include actions to strengthen public-popular and public-private partnerships, as well as social organisations, communities and ethnic peoples.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Rhetorical
2. Critical or humanitarian crisis zones subject to this agreement:
...
Consideration will be given to the agreements reached between the national Government and the communities in Lizama in January 2023, including the participation of the Peace Dialogue Roundtable in the meeting of 16 September 2023, which will be agreed with the communities and social processes;
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

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: 3. Forms of humanitarian action, participation, ceasefire and territorial development
...
a) In line with the Cuba Agreements, actions will be developed regarding the participation of society in the construction of peace and the implementation of the Temporary National Bilateral Ceasefire.
...
These will include actions to strengthen public-popular and public-private partnerships, as well as social organisations, communities and ethnic peoples.
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: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: 2. Critical or humanitarian crisis zones subject to this agreement:
...
The Peace Dialogue Roundtable will examine new humanitarian crisis zones at the request of each delegation or of communities and peoples, including penitentiary and prison facilities, for the purpose of determining forms of humanitarian action.
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: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
3. Forms of humanitarian action, participation, ceasefire and territorial development
...
c) Social, environmental, economic and territorial development actions will be promoted in coordination and concurrence with the following institutions:
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
2. Critical or humanitarian crisis zones subject to this agreement:
a) Continuation will be given to the humanitarian actions and dynamics agreed for the development of Phase 1, corresponding to Bajo Calima and San Juan.
In Phase 2, the actions and dynamics will be extended throughout the San Juan River up to Istmina.
In Phase 3, they will be extended to contiguous urban areas such as Buenaventura, Dagua, Cali and Istmina.
In Phase 4, they will be expanded to the Naya and Baudó region, under the leadership of the Office of the Vice-President of the Republic in coordination with the Peace Dialogue Roundtable, which will subsequently establish the boundaries.
b) Bajo Cauca, southern Bolívar and northeastern Antioquia.
The Peace Dialogue Roundtable will verify the conditions of humanitarian crisis, delimit the intervention area and determine the forms of humanitarian action.
...
and the implementation of immediate humanitarian actions and dynamics to address the situation of the population of Cáceres and Santa Rosa del Sur.
The Peace Dialogue Roundtable will examine new humanitarian crisis zones at the request of each delegation or of communities and peoples, including penitentiary and prison facilities, for the purpose of determining forms of humanitarian action.
3. Forms of humanitarian action, participation, ceasefire and territorial development
...
b) Humanitarian actions and dynamics will be carried out in accordance with the provisions set out in section two of this agreement.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: 3. Forms of humanitarian action, participation, ceasefire and territorial development
...
These will include actions to strengthen public-popular and public-private partnerships, as well as social organisations, communities and ethnic peoples.
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: 3. Forms of humanitarian action, participation, ceasefire and territorial development
...
c) Social, environmental, economic and territorial development actions will be promoted in coordination and concurrence with the following institutions:
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: No specific mention.
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: 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: Permanent Companions
Carlos G. Ruiz Massieu, Special Representative of the Secretary-General of the United Nations in Colombia
Other international signatory: 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, United Mexican States
Jon Otto Brødholt, Kingdom of Norway
Juan Carlos Jiménez Riera, Bolivarian Republic of Venezuela
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.

Agreement No.

CRITICAL OR HUMANITARIAN CRISIS ZONES

SECOND CARACAS AGREEMENT

The Government of the Republic of Colombia and the Ejército de Liberación Nacional – ELN, within the framework of Agreement No. 3 on “Humanitarian Actions and Dynamics” of 23 November 2022, and Agreement No. 12 “Political and Conceptual Framework for Humanitarian Actions and Dynamics,” as well as in the partial development of Point 1 “Participation of Society in the Construction of Peace” and Agreement No. 10 on the Temporary National Bilateral Ceasefire, have agreed as follows:

1. Definition of critical or humanitarian crisis zones

The Delegations understand that, based on the following four elements, the existence of critical or humanitarian crisis zones is determined:

a) Killings, threats and other human rights violations against individuals with social, ethnic, environmental and community leadership roles, as well as against human rights defenders.

b) Severe impact on the civilian population, including forced displacement, confinement, massacres, among others.

c) Coexistence or tolerance by any civil or military authority with illegal armed groups, including all forms of paramilitarism.

d) Offensive actions by illegal armed groups, including all forms of paramilitarism, in areas of ELN presence.

2. Critical or humanitarian crisis zones subject to this agreement:

a) Continuation will be given to the humanitarian actions and dynamics agreed for the development of Phase 1, corresponding to Bajo Calima and San Juan.

In Phase 2, the actions and dynamics will be extended throughout the San Juan River up to Istmina.

In Phase 3, they will be extended to contiguous urban areas such as Buenaventura, Dagua, Cali and Istmina.

In Phase 4, they will be expanded to the Naya and Baudó region, under the leadership of the Office of the Vice-President of the Republic in coordination with the Peace Dialogue Roundtable, which will subsequently establish the boundaries.

b) Bajo Cauca, southern Bolívar and northeastern Antioquia.

The Peace Dialogue Roundtable will verify the conditions of humanitarian crisis, delimit the intervention area and determine the forms of humanitarian action.

Consideration will be given to the agreements reached between the national Government and the communities in Lizama in January 2023, including the participation of the Peace Dialogue Roundtable in the meeting of 16 September 2023, which will be agreed with the communities and social processes;

and the implementation of immediate humanitarian actions and dynamics to address the situation of the population of Cáceres and Santa Rosa del Sur.

The Peace Dialogue Roundtable will examine new humanitarian crisis zones at the request of each delegation or of communities and peoples, including penitentiary and prison facilities, for the purpose of determining forms of humanitarian action.

3. Forms of humanitarian action, participation, ceasefire and territorial development

In the critical or humanitarian crisis zones:

a) In line with the Cuba Agreements, actions will be developed regarding the participation of society in the construction of peace and the implementation of the Temporary National Bilateral Ceasefire.

b) Humanitarian actions and dynamics will be carried out in accordance with the provisions set out in section two of this agreement.

c) Social, environmental, economic and territorial development actions will be promoted in coordination and concurrence with the following institutions:

the Office of the Vice-President of the Republic, the Office of the High Commissioner for Peace, Fondo Paz, the National Planning Department, the Ministry of Equality, and departmental and municipal authorities.

These will include actions to strengthen public-popular and public-private partnerships, as well as social organisations, communities and ethnic peoples.

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 Lilia Silva Lopez

Orlando Romero Reyes

Rosmery Quintero Castro

Rodrigo Botero García

Carlos Alfonso Rosero

Dayana Paola Urzola Domicó

José Feliz Lafaurie Rivera

Nigeria Rentería Lozano

Álvaro Matallana Eslava

María José Pizarro Rodriguez

Delegation of the Ejército de Liberación Nacional (ELN)

Pablo Beltrán

Head of the ELN Delegation

Aureliano Carbonell

Bernardo Téllez

Nicolás Rodríguez Bautista

Isabel Torres

Simón Pabón

Manuel Aponte

Fabián Sepúlveda

Omar Vásquez

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, United Mexican States

Jon Otto Brødholt, Kingdom of Norway

Juan Carlos Jiménez Riera, Bolivarian Republic of Venezuela

As Observer of the Armed Forces:

Bg. William Oswaldo Rincón Zambrano

Mg. Hugo Alejandro López Barreto

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