General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace

Country/entity
Colombia
Region
Americas
Agreement name
General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace
Date
26/08/2012
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
Pre-negotiation/process (Mixed)
Conflict nature
Government
Peace process
101: Colombia V - Santos
Parties
1. Government of the Republic of Colombia
2. Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP)
Third parties
Description
A general agreement setting forth conditions for reaching a Final Agreement for the termination of the conflict, including an agenda for scheduled peace negotiations.

Agreement document
CO_120826_General Agreement for the Termination of the Conflict.pdf []

Agreement document (original language)
AcuerdoGeneralTerminacionConflicto.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

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, Untitled Preamble,
[...]
With the government’s and FARC-EP’s full intention to come to an agreement, and the invitation to the entire Colombian society, as well as to the organisations of regional integration and the international community to accompany this process;

Page 2, V. Agenda, 2. Political Participation, Article 1,
Rights and guarantees for exercising political opposition in general and for the new movements that emerge after signature of the Final Agreement. Media access.

Page 2, V. Agenda, 2. Political Participation, Article 2,
Democratic mechanisms for citizen participation, including direct participation, on different levels and on diverse issues.

Page 2, V. Agenda, 2. Political Participation, Article 3,
Effective measures to promote greater participation of all sectors in national, regional and local politics, including the most vulnerable population, under conditions of equality and with security guarantees.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 3, VI. Operating Rules, Article 6,
To guarantee the widest possible participation, a mechanism will be established to receive, by physical or electronic means, proposals from citizens and organisations on the points of the agenda. By mutual agreement and within a given period of time, the Table can make direct consultations and receive proposals on these points, or delegate to a third party the organisation of spaces for participation.
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
Page 1, Untitled Preamble,
[...]
respect of human rights within the entire national territory is a purpose of the State that should be promoted;
[...]

Page 2, V. Agenda, 5. Victims,
Compensating the victims is at the heart of the agree- ment between the National Government and FARC- EP. In this respect, the following will be addressed:
1. Human rights of the victims.
2. Truth.
Equality
Page 1, Untitled Preamble,
[...]
economic development with social justice and in harmony with the environment is a guarantee for peace and progress;
social development with equity and well-being that in- cludes the majority allows growing as a country;
[...]
Democracy
Page 1, Untitled Preamble,
[...]
it is important to broaden democracy as a condition to build solid foundations for peace.
[...]
Protection measures
Other
Page 1,

1. Integrated agricultural development policy
Integrated agricultural development is crucial to boost
regional integration and the equitable social and economic
development of the country.
1. Access and use of land. Wastelands/unproductive
land. Formalisation of property. Agricultural
frontier and protection of reservation zones.
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
Media roles
Page 2, V. Agenda, 2. Political Participation, Article 1,
Rights and guarantees for exercising political opposition in general and for the new movements that emerge after signature of the Final Agreement. Media access.
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
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 1, V. Agenda, Article 1,
Integrated agricultural development policy
Integrated agricultural development is crucial to boost regional integration and the equitable social and economic development of the country.
1. Access and use of land. Wastelands/unproductive land. Formalisation of property. Agricultural frontier and protection of reservation zones.
2. Development programs with territorial focus.
3. Infrastructure and land improvement.
4. Social development: health, education, housing, eradication of poverty.
5. Stimulus for agricultural production and for solidarity economy and cooperatives. Technical assistance. Subsidies. Credit. Generation of in- come. Marketing. Formalisation of employment.
6. Food security system
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, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
Ceasefire provision
Page 2, V. Agenda, 3. End of the conflict, Article 1,
Bilateral and definitive ceasefire and end of hostilities.
Police
No specific mention.
Armed forces
No specific mention.
DDR
DDR programmes
Page 2, V. Agenda, 3. End of the conflict, Article 2,
Handover of weapons. Reintegration of FARC- EP into civilian life, economically, socially and politically, in accordance with their interests.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Untitled Preamble,
[...]
construction of peace is a matter for society as a whole that requires the participation of all, without distinction, including other guerrilla forces that we invite to join this effort;
[...]

Page 2, V. Agenda, 3. End of the conflict, Article 3,
The National Government will coordinate re- vising the situation of persons detained, charged or convicted for belonging to or collaborating with FARC-EP.

Page 2, V. Agenda, 3. End of the conflict, Article 7,
Under the provisions of Point 5 (Victims) of this agreement, the phenomenon of paramilitarism, among others, will be clarified.
Withdrawal of foreign forces
No specific mention.
Corruption
Page 2, V. Agenda, 3. End of the conflict, Article 4,
In parallel, the National Government will intensify the combat to finish off criminal organisations and their support networks, including the fight against corruption and impunity, in particular against any organisation responsible for homicides and massacres or that targets human rights defenders, social movements or political movements.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 2,
Consumption prevention and public health programs.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 3,
3. Solution to the phenomenon of narcotics production and commercialisation.
Crime/organised crime
Page 2, V. Agenda, 3. End of the conflict, Article 4,
In parallel, the National Government will intensify the combat to finish off criminal organisations and their support networks, including the fight against corruption and impunity, in particular against any organisation responsible for homicides and massacres or that targets human rights defenders, social movements or political movements.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 2,
Consumption prevention and public health programs.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 3,
3. Solution to the phenomenon of narcotics production and commercialisation.
Drugs
Page 2, V. Agenda, 3. End of the conflict, Article 4,
In parallel, the National Government will intensify the combat to finish off criminal organisations and their support networks, including the fight against corruption and impunity, in particular against any organisation responsible for homicides and massacres or that targets human rights defenders, social movements or political movements.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 1,
Illicit-crop substitution programs. Integral development plans with participation of communities in the design, execution and evaluation of substitution programs and environmental recovery of the areas affected by these crops.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 2,
Consumption prevention and public health programs.

Page 2, V. Agenda, 4. Solution to the problem of illicit drugs, Article 3,
3. Solution to the phenomenon of narcotics production and commercialisation.
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
Page 2, V. Agenda, 5. Victims,
Compensating the victims is at the heart of the agreement between the National Government and FARC- EP. In this respect, the following will be addressed:
1. Human rights of the victims.
2. Truth.
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
Page 2, V. Agenda, 6. Implementation, verification and ratification,
The signing of the Final Agreement initiates the implementation of all of the agreed points.
1. Mechanisms of implementation and verification:
a. System of implementation, giving special importance to the regions.
b. Verification and follow-up commissions.
c. Mechanisms to settle differences.

These mechanisms will have the capacity and power of execution and will be composed of representatives of the parties and society, de- pending on the case.

2. International accompaniment.
3. Schedule.
4. Budget.
5. Tools for dissemination and communication.
6. Mechanism for ratification of the agreements.

The University of Edinburgh