Joint Report of the Dialogue Table between the Government and the Revolutionary Armed Forces of Colombia - People's Army

Country/entity
Colombia
Region
Americas
Agreement name
Joint Report of the Dialogue Table between the Government and the Revolutionary Armed Forces of Colombia - People's Army
Date
04/06/2015
Agreement status
Multiparty signed/agreed
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
Framework/substantive - partial (Core issue)
Conflict nature
Government
Peace process
110: Colombia V - Santos
Parties
The Government of Colombia; the Revolutionary Armed Forces of Colombia – People’s
Army (FARC – EP)
Third parties
Description
This agreement provides for, once the Final Agreement has been signed, to establish an independent, impartial and extra judicial Commission for the Elucidation of Truth, Coexistence and Non-Repetition.

Agreement document
CO_150604_Joint Report Dialogue Table.pdf

Main category
Page 1, Para. 7
...
First, the Commission shall contribute to the elucidation of what has happened, in accordance with the elements of the mandate described here below, and to offer a broad explanation about the complexity of the conflict, so as to promote a shared understanding among the society, in particular about the least known aspects of the conflict. In this sense, we welcome the visit and the pronouncement made during this cycle by Zainab Bangura, Special Representative of the Secretary General of the United Nations on Sexual Violence in Conflicts, and we undertake to attend to her recommendations.

Page 1-2, Purposes of the Commission:
And third, the Commission shall promote coexistence in the territories. For that purpose, it will foster an environment of dialogue and will create spaces for restoring the dignity of the victims, for individual and collective acknowledgments of responsibility, and, in general, to consolidate citizen respect for and trust in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance and rids us from indifference toward the problems of others. In this manner, the foundations will be set for non-repetition, reconciliation, and the construction of a stable and long lasting peace. For those reasons, it is necessary to understand the construction of truth as an essential element for building peace. The success of the Commission will depend on the commitment of all sectors of society with the process for the construction of truth, and on the recognition of responsibilities by those who directly or indirectly took part in the conflict. That is why both the National Government and the FARC – EP commit to decisively contribute toward the elucidation of the truth about everything that has happened in the conflict, including serious human rights violations and infringements upon International Humanitarian Law (IHL).

Page 2, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Guiding criteria: Differential and gender approach
In developing its mandate and functions, the Commission will take into account different experiences, differential impacts and particular individual conditions on the basis of sex, gender, age, ethnicity or disability, and those of the populations or sectors in vulnerable conditions or particularly affected by the conflict, among others. Special attention will be afforded to victimization suffered by women.

Page 3, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Mandate
The Commission’s mandate will be to elucidate and promote the recognition of:
...
The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.

Page 4, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
Research about all of the mandate’s elements using the necessary information gathering and analysis methodologies and forms for that purpose, considering practices generally accepted by the social sciences, including a gender approach, and taking into account previous truth-building efforts, including as basic inputs, among others, the reports of the Historical Commission of the Conflict and its Victims.

Page 5, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
...
Ensure the cross-cutting nature of the gender approach throughout the entire scope of the work of the Commission, by creating a gender task force in charge of contributing with the tasks for preparing specific technical, research, and gender audiences, among others. This task force will not be the only one addressing the topic, but it should bear the responsibility for reviewing the methodologies in order to ensure that all the Commission’s instruments include a gender approach, and for coordination purposes with women’s and LGBTI organizations. The foregoing, without prejudice to the necessary autonomy of the Commission in determining its structure and working methodology.

Page 6, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Selection process
...
The selection will be solely based on the nominations and the election will take into account individual selection criteria such as ethical suitability, independence, commitment to human rights and justice, absence of conflicts of interest, and knowledge about the armed conflict, International Humanitarian Law and human rights, and a recognized background in any of these fields. The selection of the commissioners shall also take collective criteria into account, such as gender equity, pluralism, interdisciplinary nature and regional representation.

Page 7, Follow-up and monitoring committee on the implementation of the Commission’s
recommendations
...
The committee will submit periodic reports on the follow-up of the recommendations. These reports shall feature a territorial, differential and gender approach. The committee will adopt the necessary measures to broadly disseminate its reports in the national and regional media. The Government will guarantee the committee’s funding for the fulfilment of its duties.

Page 8, Participation of the victims and society in relation to Item
...
Among the victimizing facts represented, testimonies were heard about forced displacement, homicide, tortured, enforced disappearance, kidnapping, sexual violence, extrajudicial executions and forced recruitment of minors, among others.
...
Furthermore, between July and August, 2014, 3 regional forums were organized (in Villavicencio, Barrancabermeja and Barranquilla), and one National Forum in Cali on Item 5. A total of 3,162 individuals participated, out of which 51.7% were men and 48.3% were women. More than 600 victims’ organizations attended these forums.


Women, girls and gender

Participation
Effective participation
Page 6, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Selection process
...
The selection will be solely based on the nominations and the election will take into account individual selection criteria such as ethical suitability, independence, commitment to human rights and justice, absence of conflicts of interest, and knowledge about the armed conflict, International Humanitarian Law and human rights, and a recognized background in any of these fields. The selection of the commissioners shall also take collective criteria into account, such as gender equity, pluralism, interdisciplinary nature and regional representation.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
No specific mention.
Violence against women
Sexual violence
Page 1, Para. 7
...
First, the Commission shall contribute to the elucidation of what has happened, in accordance with the elements of the mandate described here below, and to offer a broad explanation about the complexity of the conflict, so as to promote a shared understanding among the society, in particular about the least known aspects of the conflict. In this sense, we welcome the visit and the pronouncement made during this cycle by Zainab Bangura, Special Representative of the Secretary General of the United Nations on Sexual Violence in Conflicts, and we undertake to attend to her recommendations.

Page 8, Participation of the victims and society in relation to Item
...
Among the victimizing facts represented, testimonies were heard about forced displacement, homicide, tortured, enforced disappearance, kidnapping, sexual violence, extrajudicial executions and forced recruitment of minors, among others.

Transitional justice
Past and gender
Page 1, Para. 7
...
First, the Commission shall contribute to the elucidation of what has happened, in accordance with the elements of the mandate described here below, and to offer a broad explanation about the complexity of the conflict, so as to promote a shared understanding among the society, in particular about the least known aspects of the conflict. In this sense, we welcome the visit and the pronouncement made during this cycle by Zainab Bangura, Special Representative of the Secretary General of the United Nations on Sexual Violence in Conflicts, and we undertake to attend to her recommendations.

Page 2, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Guiding criteria: Differential and gender approach
In developing its mandate and functions, the Commission will take into account different experiences, differential impacts and particular individual conditions on the basis of sex, gender, age, ethnicity or disability, and those of the populations or sectors in vulnerable conditions or particularly affected by the conflict, among others. Special attention will be afforded to victimization suffered by women.

Page 3, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Mandate
The Commission’s mandate will be to elucidate and promote the recognition of:
...
The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.

Page 3, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Mandate
The Commission’s mandate will be to elucidate and promote the recognition of:
...
The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the differentiated forms in which the conflict affected women, children, adolescents, youth and senior citizens, people with disabilities, indigenous people, peasant communities, Afro-Colombian, black, “palenquera” and “raizal” populations, LGBTI population, displaced and exiled people, human rights advocates, union members, journalists, farmers, merchants and businesspeople, among others.

Page 4, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
Research about all of the mandate’s elements using the necessary information gathering and analysis methodologies and forms for that purpose, considering practices generally accepted by the social sciences, including a gender approach, and taking into account previous truth-building efforts, including as basic inputs, among others, the reports of the Historical Commission of the Conflict and its Victims.

Page 5, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Duties
In order to fulfil its mandate, the Commission shall have the following main duties:
...
Ensure the cross-cutting nature of the gender approach throughout the entire scope of the work of the Commission, by creating a gender task force in charge of contributing with the tasks for preparing specific technical, research, and gender audiences, among others. This task force will not be the only one addressing the topic, but it should bear the responsibility for reviewing the methodologies in order to ensure that all the Commission’s instruments include a gender approach, and for coordination purposes with women’s and LGBTI organizations. The foregoing, without prejudice to the necessary autonomy of the Commission in determining its structure and working methodology.

Page 6, Commission for the Elucidation of Truth, Coexistence, and Non-Repetition, Selection process
...
The selection will be solely based on the nominations and the election will take into account individual selection criteria such as ethical suitability, independence, commitment to human rights and justice, absence of conflicts of interest, and knowledge about the armed conflict, International Humanitarian Law and human rights, and a recognized background in any of these fields. The selection of the commissioners shall also take collective criteria into account, such as gender equity, pluralism, interdisciplinary nature and regional representation.

Page 7, Follow-up and monitoring committee on the implementation of the Commission’s
recommendations
...
The committee will submit periodic reports on the follow-up of the recommendations. These reports shall feature a territorial, differential and gender approach. The committee will adopt the necessary measures to broadly disseminate its reports in the national and regional media. The Government will guarantee the committee’s funding for the fulfilment of its duties.

Page 8, Participation of the victims and society in relation to Item
...
Among the victimizing facts represented, testimonies were heard about forced displacement, homicide, tortured, enforced disappearance, kidnapping, sexual violence, extrajudicial executions and forced recruitment of minors, among others.
...
Furthermore, between July and August, 2014, 3 regional forums were organized (in Villavicencio, Barrancabermeja and Barranquilla), and one National Forum in Cali on Item 5. A total of 3,162 individuals participated, out of which 51.7% were men and 48.3% were women. More than 600 victims’ organizations attended these forums.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh