Agreement on the Victims of Conflict, 'Comprehensive System for Truth, Justice, Reparation and Non-repitition, including the Special Jurisdiction for Peace; and Commitment on Human Rights

Country/entity
Colombia
Region
Americas
Agreement name
Agreement on the Victims of Conflict, 'Comprehensive System for Truth, Justice, Reparation and Non-repitition, including the Special Jurisdiction for Peace; and Commitment on Human Rights
Date
15/12/2015
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 national government, the FARC-EP
Third parties
Description
The agreement provides for forms of transitional justice, and throughout calls for a 'gender' and territorially differentiated approach to the implementation of the measures to be adopted:

Agreement document
CO_20151215_borrador conjunto acuerdo sobre las victimas.pdf

Agreement document (original language)
CO_20151215_borrador-conjunto-acuerdo-sobre-las-victimas-del-conflicto.pdf

Main category
[Summary: The agreement provides for forms of transitional justice, and throughout calls for a 'gender differentiated' approach to the implementation of the measures to be adopted. The text below is not an exhaustive list of women, girls and gender references of the agreement. See the full details in the gender sub-categories in the PA-X Women.]

Page 3, Untitled Preamble:
The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom, political parties, social and trade union movements, guilds economic, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear.

Page 5, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition:
The Comprehensive System has a differentiated and gender-based approach, which is designed to respond to the particular characteristics of victimization in each territory and each population, and in particular to the needs of women and children.

Page 5-6, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition, Goals:
In summary, the different measures and mechanisms of the Comprehensive System should contribute to the fulfillment of the following purposes:
. . .
Territorial, differentiated and gender-based approach, through the differentiated treatment of territories and populations, in particular of women and boy and girl victims, and of the most deprived and most vulnerable populations and collective groups, that are most affected by the conflict.

Page 8, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
The Commission must fulfill three fundamental objectives, which as a whole contribute to the non-Repetition of the conflict:
In the first place, the Commission shall contribute to the clarification of what happened, in accordance with the elements of the mandate as described later, and offer a substantive explanation of the complexity of the conflict, in such a way as to promote a shared understanding in society, in particular of the least-known aspects of the conflict, as the impact of the conflict on children and adolescents and gender-based violence, among other matters.

Page 9, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
And thirdly, the Commission should promote coexistence in the territories, in the understanding that coexistence is not a matter of simple sharing of the same social and political space, but involves the creation of an environment that allows the transformative peaceful resolution of conflicts and the construction of the broadest culture of respect and tolerance in democracy. This will promote an atmosphere of dialogue and create spaces in which the dignity of victims will be restored, individual and collective recognition of responsibility will take place, and in general the respect and confidence of citizens in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance, promotes the good life, free us from indifference to the problems of others, will be consolidated. The Commission shall contribute to the construction of a peace based on the truth, the knowledge and recognition of a bloody past that must be overcome.

The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.

Page 10, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 5.1.1.1.1 Guiding Criteria:
. . .
Differential and gender approach: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, and of the populations or sectors in conditions of vulnerability or especially affected by the conflict, among others. There will be special attention to the victimization suffered by women.

Page 12, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 5.1.1.1.2. Mandate:

The mandate of the Commission will include to clarify and promote the recognition of:
...
The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.

Page 13-15, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition, 5.1.1.1.4 Functions:
For the fulfillment of its mandate the Commission will have the following main functions:
• To investigate on all elements of its mandate through methodologies and analysis of information necessary, considering generally accepted social sciences methodologies, using a gender-based approach and taking into account previous efforts of truth-finding, including but not limited to, the reports of the Historical Commission of the conflict and their victims, among others.
. . .
• Ensure the mainstreaming of the gender approach in the entire scope of the work of the Commission, with the creation of a working group on gender that can contribute specific tasks of a technical nature, including but not limited to research, preparation of hearings on gender. This working group will not be the only one to address gender, but shall take responsibility for the review of methodologies for all the work of the Commission as regards a gender approach and coordinate with women's organizations and LGBTI. The foregoing is without prejudice to the necessary autonomy of the Commission in the definition of its structure and methodology of work.

Page 15. 5.1.1.1.5. Process of Selection [for formation of Commission for the Clarification of Truth, Coexistence and Non-Repetition]:
. . .
The selection will be based exclusively on the nominations, and the election shall take into account individual selection criteria such as ethics and integrity, the impartiality, independence, the commitment to human rights and justice, the absence of conflicts of interest, and the knowledge of the armed conflict, international humanitarian law and human rights, and the recognized components of any of these fields. The selection of the commissioners must also take into account collective criteria such as gender equity, pluralism, the interdisciplinarity and the regional representation.

Page 16-17, 5.1.1.1.10. Committee for the monitoring and evaluation of the implementation of the recommendations of the Commission:
A monitoring committee shall be set up to monitor the implementation of the recommendations of the Commission which will come into operation once the final report has been published. As part of its task it will facilitate the dialogue with different entities and organizations of victims and of human rights, among others. This committee shall be composed of representatives of various sectors of society, including but not limited to organizations of victims and of human rights. The Commission will establish the time period during which it will operate the committee. The Committee shall make periodic reports to follow up on the recommendations. These reports must have a differentiated territorial and gender approach. The Committee shall take the necessary measures to disseminate their reports widely in the media at the national and regional levels. The Government will guarantee the financing of the Committee for the fulfilment of its functions.

Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
7º.- Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.

8º.- The operation of the component of justice will give emphasis to the needs of the women and child victims who suffer disproportionate and differentiated effects of serious infringements and violations committed during the conflict. Reparations must respond to the call of the United Nations that any peace agreement must adopt a gender perspective, recognizing the measures of reparation and restoration, the special suffering of women, and the importance of their active and equal participation in the justice component of TJRNR.

Page 28, 5.1.2. Justice, II. Content, scope and limits of the granting of amnesties and pardons as well as other special treatments:
. . .
40.- The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.

Page 41, III. Procedure, organs and sanctions of the justice component of TJRNR:
. . .
65.- The Tribunal for peace will be composed of Colombian judges. The foregoing does not preclude that persons subject to its jurisdiction request that the section dealing with their case is addressed by 3 Colombian judges and 2 foreigners. Must be chosen 20 judges Colombians, and in addition 4 foreigners who will act in the sections in the event that they are requested.
All of them must be highly qualified and must be included experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The Court must be formed with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that you trust to Colombian society and to the different sectors that make it up.

Page 42, III. Procedure, organs and sanctions of the justice component of TJRNR:
66.- Each Chamber shall consist of a minimum of 6 highly qualified judges and should include experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The chamber must conform with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that has the confidence of Colombian society and the different sectors of which it is made up.
. . .
67.- The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.
The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.
The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.
Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.

Page 46, I - Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities:
This present list enumerates sanctions designed in relation to compliance with the reached agreements, among others, I. Comprehensive Rural Reform, II. Political Participation and IV. Replacement and eradication of illicit crops, which form part of the dialogue’s agenda. In addition, sanctions for damage caused to children, women and other affected individuals will be incorporated. This addresses the need for reparation and restoration for victims of the armed conflict to the greatest extent possible.

Page 56, Article 5.1.3.3.2 Plans for collective reparation with a territorial approach,
... • Participation mechanisms: Active participation of victims and their organizations, alongside the regional authorities, will be the basis of collective territorial reparation plans. In order to do so, participation spaces will be created to define priorities to implement the measures of collective reparation; to ensure community participation in the implementation of reparation measures; and establish monitoring mechanisms of the projects. The participation of women in these spaces of participation will be ensured. ...

Pages 56-57, Article 5.1.3.3.3. National plans of collective reparation ,

In the context of the end of the conflict the National Government, in development of this Agreement, will strengthen national plans of collective reparation, which will have a gender approach and will be directed to the collectives, groups, organizations, including women's organizations, guilds economic, political and social parties and movements in particular the opposition, among others, in order to recognize the special characteristics of their victimization, recover their identities and organizational potential, and rebuild their capacities to influence the development of local and national policies in the framework of legality. These plans should contribute also to coexistence, non- repetition, and reconciliation.

Page 57, 5.1.3.4.1. Measures for Individual emotional recovery
In the context of the end of the conflict, and in order to address and contribute to the alleviation of the suffering of victims, the National Government and the FARC-EP have agreed that the National Government, in development of this Agreement, will undertake to expand public coverage and territorial deployment, and improve the quality of the psycho-social care for the emotional recovery of victims according to particular damage they have suffered, including the impact on individuals who are of victims of sexual violence. To achieve this they will increase the local centres attending victims and encourage mobile strategies to ensure that the most remote places are reached. ...

Page 63, Article 5.1.4. Guarantees of non-repetition ,
...Second, by recognizing what happened in the context of conflict and clarification and rejection of the serious violations of human rights and grave breaches of international humanitarian law, including those that have historically been less visible as those committed against women and children, and adolescents, as well as the rejection of violence against groups, social movements and trade unions, and political parties, especially the opposition were severely victimized, to be shared purpose of society this will never happen again. ...

Page 66, Article 5.2. Commitment with the promotion, respect and guarantee of human rights,
...The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights. ...

Women, girls and gender

Participation
Effective participation
Page 13-15, 5.1.1.1.4 Functions:
For the fulfillment of its mandate the Commission will have the following main functions:
...
• Ensure the mainstreaming of the gender approach in the entire scope of the work of the Commission, with the creation of a working group on gender that can contribute specific tasks of a technical nature, including but not limited to research, preparation of hearings on gender. This working group will not be the only one to address gender, but shall take responsibility for the review of methodologies for all the work of the Commission as regards a gender approach and coordinate with women's organizations and LGBTI. The foregoing is without prejudice to the necessary autonomy of the Commission in the definition of its structure and methodology of work.

Page 15. 5.1.1.1.5. Process of Selection [for formation of Commission]:
. . .
The selection will be based exclusively on the nominations, and the election shall take into account individual selection criteria such as ethics and integrity, the impartiality, independence, the commitment to human rights and justice, the absence of conflicts of interest, and the knowledge of the armed conflict, international humanitarian law and human rights, and the recognized components of any of these fields. The selection of the [male and female] commissioners must also take into account collective criteria such as gender equity, pluralism, the interdisciplinarity and the regional representation.


Page 41, III. Procedure, organs and sanctions of the justice component of TJRNR:
. . .
65.- The Tribunal for peace will be composed of Colombian judges. The foregoing does not preclude that persons subject to its jurisdiction request that the section dealing with their case is addressed by 3 Colombian judges and 2 foreigners. Must be chosen 20 judges Colombians, and in addition 4 foreigners who will act in the sections in the event that they are requested.
All of them must be highly qualified and must be included experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The Court must be formed with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that you trust to Colombian society and to the different sectors that make it up.

Page 42,
66.- Each Chamber shall consist of a minimum of 6 highly qualified judges and should include experts in various branches of law, with emphasis on knowledge of IHL, human rights or resolution of conflicts. The chamber must conform with criteria of gender equity and respect for ethnic and cultural diversity, and will be chosen through a selection process that has the confidence of Colombian society and the different sectors of which it is made up.
. . .
67.- The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.
The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.
The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.
Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.

Page 53, 5.1.3.3. Collective Reparation at the end of the Conflict, 5.1.3.3.3. National plans of Collective Reparation:
In the context of the end of the conflict the National Government, in development of this Agreement, will strengthen national plans of collective reparation, which will have a gender approach and will be directed to the collectives, groups, organizations, including women's organizations, guilds economic, political and social parties and movements in particular the opposition, among others, in order to recognize the special characteristics of their victimization, recover their identities and organizational potential, and rebuild their capacities to influence the development of local and national policies in the framework of legality. These plans should contribute also to coexistence, non- repetition, and reconciliation.

Page 52: 5.1.3.3.2. Collective reparation plans territorial approach
...
Mechanisms of participation: Active participation of victims and their organizations with the regional authorities will be the basis of collective territorial reparation plans. For this purpose, participation spaces will be created to define priorities to implement the measures of collective reparation; to ensure community participation in the implementation of reparation measures; and establish monitoring mechanisms of the projects. The participation of women in these spaces of participation will be ensured.
Equality
Other
Page 9, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:
And thirdly, the Commission should promote coexistence in the territories, in the understanding that coexistence is not a matter of simple sharing of the same social and political space, but involves the creation of an environment that allows the transformative peaceful resolution of conflicts and the construction of the broadest culture of respect and tolerance in democracy. This will promote an atmosphere of dialogue and create spaces in which the dignity of victims will be restored, individual and collective recognition of responsibility will take place, and in general the respect and confidence of citizens in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that fosters tolerance, promotes the good life, free us from indifference to the problems of others, will be consolidated. The Commission shall contribute to the construction of a peace based on the truth, the knowledge and recognition of a bloody past that must be overcome.

The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled to the defenders of human rights, trade unionists, journalists, men and women farmers, ranchers and livestock, traders and businessmen and businesswomen, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.
Particular groups of women
Refugee/displaced women
Page 3, Untitled Preamble:
The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom, political parties, social and trade union movements, guilds economic, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear.

Page 54, 5.1.3.5. Collective processes of return of displaced persons and compensation to victims overseas:
The National Government, in development of this Agreement and in the framework of the end of the conflict, will launch on the one hand collective programs on the return and relocation of persons in a situation of displacement with a territorial and gender specific approach, and on the other hand put in place return plans which will assist victims outside Colombia and strengthen their connection with the implementation of other components of the policy of redress of victims at the territorial level, in particular the collective reparations programs and for the restitution of the land, and with the implementation of the agreement called "Toward a new Colombian field: comprehensive rural reform", in cases where it is appropriate to do so.
Other
Page 3, Untitled Preamble:
The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenquero, raizal, and Rom, political parties, social and trade union movements, guilds economic, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear.

Page 5, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition:
The Comprehensive System has a differentiated and gender-based approach, which is designed to respond to the particular characteristics of victimization in each territory and each population, and in particular to the needs of women and children.

Page 5-6, Goals:
In summary, the different measures and mechanisms of the Comprehensive System should contribute to the fulfillment of the following purposes:
. . .
Territorial, differentiated and gender-based approach, through the differentiated treatment of territories and populations, in particular of women and boy and girl victims, and of the most deprived and most vulnerable populations and collective groups, that are most affected by the conflict.

Page 9, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:

The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled to the defenders of human rights, trade unionists, journalists, men and women farmers, traders and businessmen and businesswomen, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.

Page 12, 5.1.1.1.2. Mandate:

The mandate of the Commission will include to clarify and promote the recognition of:
...
The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.

Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
7º.- Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.


International law
General IHRL, IHL and IL
Page 61, 5.2. Commitment with the promotion, respect and guarantee of human rights:
The National Government on behalf of the Colombian State reiterates its commitment to the protection of human rights and to those who work for this cause. It is the duty of the Colombian State to promote, protect, respect and guarantee human rights, including economic, social, cultural and environmental, with a differentiated amd gender approach in accordance with the principles of equality and progressiveness, and the guarantee of the right to peace, especially in those areas most affected by the conflict.

Page 63, 5.1.4. Guarantees of non-repetition:
...
On the other hand, the higher objective of the Comprehensive System, and everything agreed in respect of victims, to contribute to the non-repetition, has as a necessary condition compliance with and implementation of what is agreed in the framework of point 3 of the agenda of the General Agreement relating to the "end of the conflict", which must ensure the definitive termination of armed conflict, as well as the deployment of all what was agreed in the field of human rights, with special emphasis on gender and with a vision of territorial development and deployment.
New institutions
Infrastructure (general)
Page 52: 5.1.3.3.2. Collective reparation plans territorial approach
...
Mechanisms of participation: Active participation of victims and their organizations with the regional authorities will be the basis of collective territorial reparation plans. For this purpose, participation spaces will be created to define priorities to implement the measures of collective reparation; to ensure community participation in the implementation of reparation measures; and establish monitoring mechanisms of the projects. The participation of women in these spaces of participation will be ensured.
Reconciliation and peace
Page 53, 5.1.3.3. Collective Reparation at the end of the Conflict, 5.1.3.3.3. National plans of Collective Reparation:
In the context of the end of the conflict the National Government, in development of this Agreement, will strengthen national plans of collective reparation, which will have a gender approach and will be directed to the collectives, groups, organizations, including women's organizations, guilds economic, political and social parties and movements in particular the opposition, among others, in order to recognize the special characteristics of their victimization, recover their identities and organizational potential, and rebuild their capacities to influence the development of local and national policies in the framework of legality. These plans should contribute also to coexistence, non- repetition, and reconciliation.
Violence against women
Sexual violence
Page 3, Untitled Preamble:
The armed conflict, which has multiple causes, has caused suffering and harm to the population unparalleled in our history. Millions of Colombian men and women are victims of forced displacement, there have been hundreds of thousands of deaths, tens of thousands of missing persons of all kinds and a large number of collectives and affected populations throughout the length and width of the territory, including peasant communities, indigenous, Afro-Colombian, black, palenqueras, raizales, and Rom, political parties, social and trade union movements, guilds economic, among others. Without forgetting other forms of less visible but no less painful victimization, such as sexual violence, psychological effects, or even the presence of fear.

Page 28, II. Content, scope and limits of the granting of amnesties and pardons as well as other special treatments:
. . .
40.- The following will not be subject to amnesty or pardon or equivalent benefits: crimes against humanity, genocide, serious war crimes, the taking of hostages or other severe deprivation of freedom, torture, extrajudicial executions, enforced disappearance, rape and other forms of sexual violence, child abduction, forced displacement, in addition to the recruitment of minors in accordance with the Rome Statute.

Page 42:
67.- The unit of investigation and prosecution will be made up of a sufficient number of highly qualified legal professionals in the field of investigation and prosecution, and should include experts in various branches of law, with emphasis on knowledge of International Humanitarian Law and Human Rights. It must have a forensic technical research team, which may have international support, particularly in the field of exhumation and identification of the remains of missing persons. It will be formed according to criteria of gender equity and respect for ethnic and cultural diversity, and the members shall be chosen by a selection process which has the confidence of Colombian society and the different sectors that make it up.

The Unit will have a special investigation team for cases of sexual violence. Acts of sexual violence will be dealt with in accordance with the special provisions on evidence in the field included in the Rome Statute.

The Unit may request other competent bodies of the State or human rights organizations and victims, to report with regard to the facts on which they do not have enough information.

Before the signing of the agreement, the Parties shall decide on the number and nationality of the members of this unit.

Page 53-54

5.1.3.4. Psycho-social rehabilitation

5.1.3.4.1. Emotional recovery measures at the individual level

In the context of the end of the conflict, and in order to address and contribute to the alleviation of the suffering of victims, the National Government and the FARC-EP have agreed that the National Government, in development of this Agreement, will undertake to expand public coverage and territorial deployment, and improve the quality of the psycho-social care for the emotional recovery of victims according to particular damage they have suffered, including the impact on individuals who are of victims of sexual violence. To acheive this they will increase the local centers attending victims and encourage mobile strategies to ensure that the most remote places are reached.

Likewise, in fulfilment of the agreements reached the National Government will strengthen the access and mental health services for victims who so require.
Gender-based violence/VAW (general)
Page 8 , 5.1.1.1 Commission for the Clarification of truth, coexistence and non-repetition

The Commission must fulfill three fundamental objectives, which as a whole contribute to the non-repetition of the conflict:
...
In the first place, the Commission shall contribute to the clarification of what happened, in accordance with the elements of the mandate as described later, and offer a substantive explanation of the complexity of the conflict, in such a way as to promote a shared understanding in society, in particular of the least-known aspects of the conflict, as the impact of the conflict on children and adolescents and gender-based violence, among other matters.

Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
7º.- Likewise, the consequences of such violations are more serious when committed against women or when it comes to victims belonging to the most vulnerable groups, subject to special protection, deserve reparation and special protection, including villages of indigenous, communities of Afro-descendant and other ethnically distinct groups, peasants, the poor, disabled, displaced people and refugees, girls, boys and adolescents, LGBTI people and elderly people.
Other
Page 5, 5.1. Comprehensive System for Truth, Justice, Reparation and Non-Repetition:
The Comprehensive System has a differentiated and gender-based approach, which is designed to respond to the particular characteristics of victimization in each territory and each population, and in particular to the needs of women and children.

Page 9, 5.1.1.1 Commission for the Clarification of Truth, Coexistence and Non-Repetition:

The Commission will develop an appropriate differential and gender approach that allows evidencing the differential forms in which the conflict affected women, children, adolescents, young people and older adults, to persons in situations of disability, to indigenous peoples, to peasant communities, to Afro-Colombian, black, palenquero and raizal populations, to the population LGBTI, to displaced persons and exiled to the defenders of human rights, trade unionists, journalists, men and women farmers, ranchers and livestock, traders and businessmen and businesswomen, among others. This should also contribute to the Colombian society's understanding of the specific ways in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a critical first step to having a more just and inclusive society.


Page 10, 5.1.1.1.1 Guiding Criteria:
. . .
Differential approach and gender: in the development of its mandate and functions, the Commission will take into account the different experiences, differential impact and particular conditions of persons by reason of sex, gender, age, ethnicity or disability situation, and of the populations or sectors in conditions of vulnerability or especially affected by the conflict, among others. There will be special attention to the victimization suffered by women.

Page 12, 5.1.1.1.2. Mandate:

The mandate of the Commission will include to clarify and promote the recognition of:
...
The human and social impact of the conflict on the society, including the impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, boys, girls, children, adolescents, youth and the elderly, people with disabilities, indigenous peoples, peasant communities, Afro-Colombian, black, palenquero and raizal populations, the LGBTI population, displaced and exiled persons, the [women and men] defenders of human rights, trade unionists, journalists, and women and men farmers, traders and businessmen/women and entrepreneurs, among others.

Page 22, 5.1.2. Justice:
In the field of justice is agreed on the creation of the special jurisdiction for peace.
Special JURISDICTION FOR PEACE
I. Basic principles of justice component of the integral system of Truth, Justice, Reparation and Non-Recurrence (TJRNR):
. . .
8º.- The operation of the component of justice will give emphasis to the needs of the women and child victims who suffer disproportionate and differentiated effects of serious infringements and violations committed during the conflict. Reparations must respond to the call of the United Nations that any peace agreement must adopt a gender perspective, recognizing the measures of reparation and restoration, the special suffering of women, and the importance of their active and equal participation in the justice component of TJRNR.

Transitional justice
Past and gender
[Summary: The agreement in its entirety provides for forms of transitional justice, and throughout calls for a 'gender differentiated' (and territorially differentiated) approach to the implementation of the measures to be adopted.]
Institutional reform
No specific mention.
Development
Rehabilitation and reconstruction
Page 53, 5.1.3.3. Collective Reparation at the end of the Conflict, 5.1.3.3.3. National plans of Collective Reparation:
In the context of the end of the conflict the National Government, in development of this Agreement, will strengthen national plans of collective reparation, which will have a gender approach and will be directed to the collectives, groups, organizations, including women's organizations, guilds economic, political and social parties and movements in particular the opposition, among others, in order to recognize the special characteristics of their victimization, recover their identities and organizational potential, and rebuild their capacities to influence the development of local and national policies in the framework of legality. These plans should contribute also to coexistence, non- repetition, and reconciliation.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh