Acuerdo 5 Marco Judicial de la Paz Total

Export agreement:

Export agreement coding (PDF)

Country/entity: Colombia
Region: Americas
Agreement name: Acuerdo 5 Marco Judicial de la Paz Total
Date: 12 Feb 2025
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Colombia VII - Petro Peace Dialogues with the Coordinadora Nacional Ejército Bolivariano (CNEB)
Parties: Government delegation:

Armando Novoa (chief negotiator)
Daniel Eslava (from the Office of the Peace Commissioner)
Unnamed lawyer specialising in justice and peace

National Coordinator of the Bolivarian Army:

Iván Patía
Andrés Guerrero
Third parties: -
Description: This is a short agreement as part of a broader peace dialogue between the Colombian Government and the National Coordinator of the Boliviarian Army. It sets out the establishment of a subcommittee for judicial guarantees, composed of members of both parties. The role of this subcommittee will be to establish a roadmap to deal with the members of the National Coordinator of the Bolivarian Army. This roadmap includes characterising the group's legal position, discussing the nature and legal treatments of both political and ordinary crimes, and issues such as criminal sanctions and restorative justice. The agreement also specifies where and in chat capacity the subcommittee will meet and convene.

Agreement document: CO_250212_Acuerdo_5_Marco_Judicial_de_la_Paz_Total_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_250212_Acuerdo 5 Marco Judicial de la Paz Total (opens in new tab)| Download PDF
Agreement document (related): CO_250212_Declaración Conjunta CNEB Sesión 3 (opens in new tab)| Download PDF
Source of document: https://www.consejeriacomisionadadepaz.gov.co/Dialogos_con_la-Coordinadora-Nacional-Ejercito-Bolivariano/Documents/12022025DeclaracionConjunta.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: 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: 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: The parties recognise that the political nature of the National Coordinator of the Bolivarian Army requires an approach to resolving the legal situation of the combatants belonging to it, in accordance with international instruments and the corresponding existing constitutional and legal provisions.
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: 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: Justice sector reform→Criminal justice and emergency law→Criminal Justice System reform
The parties agree, within the framework of the Peace Dialogue Table and as a development of thematic point number 4 of the agenda, to create a subcommittee for judicial guarantees that will discuss the following points as a roadmap:
2. Discussions on the nature of political crime, ordinary crime, and their legal treatments
3. Procedural tools
4. Criminal sanctions, penal tools, and potential elements of restorative justice
5. Discussions on extradition and judicial cooperation
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: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: The parties agree, within the framework of the Peace Dialogue Table and as a development of thematic point number 4 of the agenda, to create a subcommittee for judicial guarantees that will discuss the following points as a roadmap:
1. Characterisation of the group's legal situation
The parties recognise that the political nature of the National Coordinator of the Bolivarian Army requires an approach to resolving the legal situation of the combatants belonging to it, in accordance with international instruments and the corresponding existing constitutional and legal provisions.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: The parties agree, within the framework of the Peace Dialogue Table and as a development of thematic point number 4 of the agenda, to create a subcommittee for judicial guarantees that will discuss the following points as a roadmap:
2. Discussions on the nature of political crime, ordinary crime, and their legal treatments
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: The parties agree, within the framework of the Peace Dialogue Table and as a development of thematic point number 4 of the agenda, to create a subcommittee for judicial guarantees that will discuss the following points as a roadmap:
4. Criminal sanctions, penal tools, and potential elements of restorative justice
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: The parties agree, within the framework of the Peace Dialogue Table and as a development of thematic point number 4 of the agenda, to create a subcommittee for judicial guarantees that will discuss the following points as a roadmap:
6. Standards regarding victims' rights and their redress
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.

AGREEMENT NO.5

JUDICIAL FRAMEWORK FOR COMPREHENSIVE PEACE

PEACE DIALOGUE TABLE BETWEEN THE NATIONAL GOVERNMENT AND THE NATIONAL COORDINATOR OF THE BOLIVARIAN ARMY

The parties agree, within the framework of the Peace Dialogue Table and as a development of thematic point number 4 of the agenda, to create a subcommittee for judicial guarantees that will discuss the following points as a roadmap:

1. Characterisation of the group's legal situation

2. Discussions on the nature of political crime, ordinary crime, and their legal treatments

3. Procedural tools

4. Criminal sanctions, penal tools, and potential elements of restorative justice

5. Discussions on extradition and judicial cooperation

6. Standards regarding victims' rights and their redress

The parties recognise that the political nature of the National Coordinator of the Bolivarian Army requires an approach to resolving the legal situation of the combatants belonging to it, in accordance with international instruments and the corresponding existing constitutional and legal provisions.

Similarly, it is necessary to highlight the work of the Legal Subcommittee in the development of this roadmap on the possibilities, difficulties and specific bases.

The subcommittee is composed of:

A) For the Government delegation

Armando Novoa chief negotiator

Daniel Eslava from the Office of the Peace Commissioner

Lawyer specialising in justice and peace

B) For the National Coordinator of the Bolivarian Army

Iván Patía

Andrés Guerrero

Facilitators:

Olga Ochoa, Omar Diaz, Jessica Guerrero, David Melo.

The deliberation and meeting site of the subcommittee will be located in Bogotá and will proceed in parallel with other dialogue tables, according to the instructions of the Peace Commissioner.

Signed in Bogotá on February 12, 2025.