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AGREEMENT ON BILATERAL AND FINAL CEASEFIRE AND CESSATION OF HOSTILITIES AND DECOMMISSIONING OF WEAPONS
BETWEEN THE NATIONAL GOVERNMENT AND THE FARC-EP

Introduction

The Government of the Republic of Colombia (National Government) and the Revolutionary Armed Forces of Colombia, People’s Army (FARC-EP); in development of subpoints 1: Bilateral and final ceasefire and cessation of hostilities 2: Decommissioning of weapons, of point 3, End of Conflict, of the General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace, signed in the city of Havana, Cuba, on August 26, 2012, agree:

The National Government, in compliance with and under the terms of the agreed in point 2 "Political participation: Democratic Opening to build peace", reaffirms its commitment to the implementation of measures leading to full political and civic participation of all political and social sectors, including measures to ensure the mobilization and citizen participation in matters of public interest and to facilitate the establishment of new political parties and movements with due guarantees of participation, in safe conditions.

Likewise, the National Government reaffirms its commitment to the agreed in points 3.4. and 3.6. of point 3 End of Conflict, among which is the creation of a new Comprehensive Security System for the Exercise of Politics, under the terms agreed in point 2 Political Participation, as part of a modern and qualitatively new concept of security which, in the context of the end of the conflict, is founded on respect for human dignity, the promotion of and respect for human rights and the defense of democratic values, particularly in protecting the rights and freedoms of those who do politics, especially those who after the termination of the armed confrontation turn into political movement and therefore must be recognized and treated as such.

In addition, the National Government and the FARC-EP express their commitment to contribute to the emergence of a new culture that proscribes the use of weapons in the exercise of politics and work together to achieve a national consensus in which all political, economic and social sectors engage in an exercise of politics in which the values ​​of democracy, the free interchange of ideas and civilized debate prevail; in which there is no room for intolerance and persecution for political reasons. This commitment is part of the guarantees of non-repetition of the events that contributed to the armed conflict between Colombians for political reasons.

Finally, the National Government and the FARC-EP are committed to compliance with the agreed here in matters of a Bilateral and Final Ceasefire and Cessation of Hostilities and Decommissioning of Weapons, for which they will develop a roadmap containing mutual commitments so that within 180 days after the signing of the Final Agreement, the process of decommissioning of weapons has completed.
 
Definitions

Bilateral and final ceasefire and cessation of hostilities (BFCFH):

To finish definitely the offensive actions between the Public Force and the FARC-EP, the hostilities and any conduct that should not exist, according to the annex of the Rules that govern the BFCFH.  The Bilateral and final ceasefire and cessation of hostilities (BFCFH) will begin on day D at Hour H.

Decommissioning of weapons (DW):

This is a technical, traceable and verifiable procedure, by means of which the United Nations (UN) will receive the entire armament of the FARC-EP to use it for the construction of monuments.

Objective

The present Agreement on BFCFH and DW seeks the definitive termination of the offensive actions between the Public Force and the FARC-EP, and in general of the hostilities and any action foreseen in the Rules that govern the BFCFH, including affectations to the population, and thus create the conditions for the beginning of the implementation of the Final Agreement and the Decommissioning of Weapons and prepare the institutions and the country for the Reincorporation of the FARC-EP into civilian life.

Supply of information 

The National Government and the FARC-EP provide data gradually, regarding the details, as necessary, on the moments agreed to facilitate the planning and execution of: 1. The work of the Mechanism of Monitoring and Verification (MM&V) 2. The budget and the logistics, 3. Security and the location of units on the ground 4. The compliance of tasks that are inherent to the process of BFCFH; as well as 5. The Decommissioning of weapons and 6. The Reincorporation of the FARC-EP into civilian life.

Announcement and Start of BFCFH and DW

The National Government and the FARC-EP inform the national and international public opinion that we agreed: "To finish, in a definitive way, the offensive actions between the Public Force and the FARC-EP, the hostilities and any conduct that should not exist according to the annex of the Rules that govern the BFCFH and DW of the present agreement. The BFCFH and the process of DW will begin on day D at Hour H".

Once made the mentioned announcement, a prudential time will be established to deploy the MM&V, and for positioning the units of the Public Force and the FARC-EP on the ground.

Diffusion and Communication

With the signing of the Agreement of BFCFH and DW, precise instructions will be given to the Public Force and the structures of the FARC-EP so that the necessary actions will be executed for starting the BFCFH and DW.

Chronogram

The National Government and the FARC-EP have agreed to establish a logical order for the development of the activities of BFCFH and DW. With this purpose, they carry out what has been established in the annexed chronogram, which takes as a reference events or dates previous and posterior to Day D and Hour H.

The procedures and the terms to develop the present Agreement are described in the following annexes and protocols:

1.         Introduction BFCFH and DW.

  • Supply of Information.
  • Diffusion and communication.
  • Chronogram.

2.         Rules that govern the BFCFH and DW.

3.         Monitoring and Verification.

  • Deployment of MM&V.    
  • Flow of the information.
  • Management of strategic communications.
  • Registration and analysis of the information.
  • Supervision of the Armament, Ammunition and Explosives.

4.         Positioning of the Units on the Ground.

  • Positioning of the Units on the Ground. Concentration.
  • Displacement routes, Coordination of displacements on the ground.

5.         Security.

  • Security to Persons.
  • Security Displacements.
  • Security of the Units on the Ground.
  • Transportation of armament, ammunition and explosives.
  • Handling of armament, ammunition and explosives.
  • Storage of armament, ammunition and explosives.
  • Control of armament, ammunition and explosives.

6.         Logistics.

  • Health.
  • Supply.
  • Communications

7.         Decommissioning of Weapons.

  • Identification.
  • Registration.
  • Recollection.
  • Storage.
  • Final Disposition of Weapons.

This list of protocols is subject to changes by agreement between the National Government and the FARC-EP.

Rules that govern the BFCFH and DW.

The Rules that govern the BFCFH and DW are all those originated by virtue of the present Agreement that seek to avoid the disruption of the BFCFH and DW, the affectation of the civil population or the opponent.

The Rules that govern the BFCFH and DW seek to identify the actions that produce a violation of the ceasefire; the monitoring of mentioned actions constitutes the basis of the MM&V’s mandate.

In the annex agreed on the matter, that is integral part of the present agreement, the actions to which the Public Force and the FARC-EP undertake to not carry out are clearly identified.

Monitoring and Verification

For the purpose of the implementation of the present Agreement, a Mechanism of Monitoring and Verification (MM&V) will be established, in charge of verifying its execution and allowing to administer different factors that can put the BFCFH and DW at risk, and particularly to verify the compliance of the Rules that govern the BFCFH and DW. The functions, procedures and scopes are established in the mandate of the MM&V.

This is a mechanism of a technical, efficient and flexible nature that contributes to creating transparency, credibility and trust in the process of implementation of the BFCFH.

Regarding the Decommissioning of Weapons, the International Component of MM&V (IC-MM&V) verifies it in the terms and with the due guarantees established in the protocols of the Agreement.

It has a structure composed by three instances, one of the national order; eight (08) verifying structures of a regional nature; and some structures of local monitoring deployed in established areas.

The MM&V will be a technical tripartite mechanism and will be composed by representatives of the National Government (Public Force), of the FARC-EP, and an International Component which consists of a political mission with non-armed observers of the UN, integrated by observers of countries members of the Community of Latin American and Caribbean States (CELAC).

The International Component chairs all the instances of MM&V and is in charge of settling controversies, present recommendations and write reports, according to the guidelines it has been granted in order to guarantee and to offer impartiality and transparency to the BFCFH and DW.

The number of monitoring teams depends on the following criteria: areas, number of people and armament to monitor, topography and risk factors in each one of the Areas established for this purpose.

The MM&V has articulation with the communities, social, political organizations and with the State institutions, at the local, regional and national level, which will be able to contribute to its work, providing information, helping in the diffusion of its reports to public opinion and presenting proposals and suggestions.

Dispute settlement for BFCFH and DW.

Regional bodies and the National Verification body are responsible for finding and verifying incidents or violations of this Agreement BFCFH and DA in accordance with the information documented by the monitoring teams, as well as for making recommendations to the National Government and the FARC- EP, to prevent or correct acts that violate the BFCFH and DW.

Location of units on the ground and Areas

For purposes of compliance with the Agreement on BFCFH and DW; and to advance preparations for the process of economic, political and social reincorporation of the FARC-EP into civilian life according to their interests, such as established by sub-section 2 of Section 3 of the General Agreement on Termination of Conflict and the Construction of a Stable and Lasting Peace; the National Government and the FARC-EP agree to establish 23 Transitory Areas of Normalization (TAN) and 8 camps.

From day D+1, the Public Force rearranges troops deployment in order to facilitate the displacement of the structures of the FARC-EP to mentioned Areas and to comply with the Agreement on BFCFH and DW.

For its part from day D+5, the various missions, commissions and Tactical Combat Units (TCU) of the fronts of the FARC-EP will move to those previously agreed TAN, following the routes of deployment established by agreement between the National Government and the FARC-EP.

All the above is monitored and verified by the MM&V, according to the mandate of this mechanism, to the text of this Agreement and to the protocols agreed by the National Government and the FARC-EP.

Transitory Areas of Normalization

Their aim is to ensure the BFCFH and DW, and begin the process of preparation for Reincorporation into civilian life of the structures of the FARC-EP, referring to the economic, political and social aspects, according to their interests, as established by item 3, sub-section 2 of the General Agreement and the transition towards legality.

These Areas are territorial, temporary and transitory, defined, delimited and previously agreed between the National Government and the FARC-EP, and include the monitoring and verification of MM&V, which for each TAN will count on Local Monitoring Teams.
The TAN are located by mutual agreement and have access facilities by road or water; their limits correspond to those of the village where they are located; they may be extended or reduced by mutual agreement depending on the size of the village where they are located, will have a reasonable extension that allows monitoring and verification by the MM&V and the fulfilment of the objectives of the TAN, setting as a reference geographical features or characteristics of the terrain.

In development of the Agreement on BFCFH and DW, both the Security Forces and the FARC-EP must comply with the rules governing the BFCFH and DW, as well as other chapters and protocols that make up the Agreement on BFCFH and DW. The MM&V has unrestricted access to the TAN defined in Annex X of this Agreement and to units of the Security Forces, committed to the devices specified in Annex Y of this Agreement.
To ensure compliance with this Agreement, a permanent communication between the MM&V and delegates designated by the National Government and the FARC-EP will be established.

While the TAN are functioning, the FARC-EP is responsible for its combatants within these Areas. The combatants of the FARC-EP will leave the camps unarmed and in civilian clothes.

Once the troops of the FARC-EP are located in the TAN, the National Government will suspend the arrest warrants of all members of the FARC-EP in these areas, upon delivery by the FARC-EP of a list of its members present in each of the TAN.
The members of the FARC-EP who, under the amnesty law have been benefited with their release, and wish to do so, may integrate these areas to continue the process of reincorporation into civilian life. To this end, within the Areas there will be organised places where they can stay, outside the camps. 

During the term of the Agreement on BFCFH and DW, the FARC-EP will designate a group of 60 of its members (men and women) who may travel at the national level in compliance with tasks related to the Peace Agreement. Likewise, for each TAN, the FARC-EP will designate a group of 10 of its members who may travel at municipal and departmental levels in implementation of tasks related to the Peace Agreement. For these displacements, members of the FARC-EP will have security measures agreed with the National Government, for which there are two protection teams for each zone assigned to travel. The exits from the TAN are made with co-responsibility of the commanders of the FARC-EP.

The members of the FARC-EP designated for the tasks mentioned in the previous paragraph must previously store weapons in containers under the verification of IC-MM&V. Similarly, this has to be done by any member of the FARC-EP who requires to leave for medical emergency or specialized medical treatment that cannot be provided within the TAN.

The National Government and the FARC-EP undertake to ensure that the implementation of this Agreement is carried out without any limitation on the normal functioning of unarmed civil authorities, in the development of the economic, political and social activities of the regions, in the life of communities, in the exercise of their rights; as well as in the rights of community, social and political organizations that have a presence in the territories.

Within the TAN is guaranteed the full implementation of the social rule of law for which the functioning of the civil authorities is maintained without limitations. Civil authorities (unarmed) who are present in the Areas remain and continue to exercise their functions therein, without affecting the agreed in the BFCFH. The TAN are not to be used for political demonstrations.

Unarmed civilian authorities can permanently enter the TAN without limitation, except the area of ​​the camps where the structures of the FARC-EP are located. Each TAN has a reception area, to meet the people who visit.

There will be no civilians allowed to be in or enter the camps. 

During the term of the TAN, civilians are not allowed to carry and possess any weapons within these Areas.

The MM&V has the mission to monitor and verify compliance with protocols agreed by the National Government and the FARC-EP for the TAN and the units of the Security Forces committed to the devices specified in Annex Y of this Agreement.
In case there’s some fact or circumstance that requires the presence of the National Police or any other armed state authority within the TAN, the MM&V will be informed, to coordinate such entrance in accordance with protocols agreed by the Government and the FARC-EP.

The number of camps within each TAN agreed by the National Government and the FARC-EP is determined by the terrain and the number of combatants within it. In any case, the location of camps is done in such a way that the MM&V could exercise its functions of monitoring and verification of the Agreement on BFCFH and DA.
In development of the process of preparation for reincorporation into civilian life of its fighters, the FARC-EP, in coordination with the National Government, may perform within TAN all types of training for members of the FARC-EP in the context of productive work, levelling primary, secondary or technical basic education, according to their own interests.

Meanwhile, within the TAN, the National Government in accordance with the FARC-EP will launch measures and preparatory activities for the reintegration and other activities needed to facilitate the transition to the legality of the FARC-EP and to ensure the welfare in the TAN, which may include among others, health care, days of issuing identity cards and other preparatory activities for reincorporation.

For every TAN, the MM&V will install a local headquarter in a place that allows it to efficiently and effectively fulfil its functions.

Security Zone

Around each TAN, a Security Zone will be established where there will be no units of the Security Forces nor troops of the FARC-EP with the exception of monitoring and verification teams accompanied by police security when circumstances should require so. Any police procedure, - other than the security of the MM&V - required in the Security Zone will be carried out in prior coordination with the MM&V and in accordance with agreed protocols between the National Government and the FARC-EP. The width of the Security Zone is 1 kilometer around each TAN.

Establishment of Camp Zones and routes for displacement

The TAN are contained in annex X1 of this Agreement.
The units of the Public Force subject to monitoring and verification by the MM&V are described in annex Y of this Agreement.

Beginning of the displacement

On day D+1, a delegate from the National Government and one from the FARC-EP will provide the coordinates of the location of the units of the Public Force and the FARC-EP to IC-MM&V, so to take the necessary measures to enable the displacement of the structures of the FARC-EP to the TAN, safely under the monitoring and verification of MM&V.

These displacements may be accompanied by the MM&V should the National Government and the FARC-EP require so.

Air space

From day D, the airspace will be used as follows:
Over the TAN and the Security Zones, military flights are restricted to 5,000 feet. In case of disaster, public calamity, medical emergency flights can be carried out by civil aircrafts with prior coordination of MM&V with the National Government and the FARC-EP.

Security

Based on the understanding of security as a transversal element of responsibility for BFCFH and DW, which is based on the principles of respect for life and human dignity, the National Government and the FARC-EP have defined jointly security protocols which allow, in a comprehensive manner, to minimize potential threats that may affect or violate people and property involved in the BFCFH and DW.

Security conditions implemented from the beginning of BFCFH and DW guarantee protection of members from the monitoring and verification team, members of the FARC-EP, delegates from the National Government, Public Force and others involved in the process. Likewise, it guarantees the coordination of displacements and units in the field.

Security with weapons, ammunition and explosives from the FARC-EP during BFCFH and DW is framed within the implementation of security protocols that provide for their transport, handling, storage and control.

Safety measures for the BFCFH and DW commit the ability of the State required to ensure safety and effective development of the activities of this process and prevent, disrupt and neutralize any eventuality that put the process at risk.

Security measures for the BFCFH and DW equally commit the FARC-EP to fulfil their share.

Similarly, the National Government through the Public Force will continue guaranteeing the conditions of coexistence and security of the civilian population during this process.
The agreed protocols on security are based on a concept of security in which people and communities are its central axis and are based on comprehensive and contextualized prevention of threats that allows to mitigate the risks that may affect those involved in BFCFH and DW.

For compliance with safety measures regarding the BFCFH and DW the following protocols, generating security and confidence to those involved in this process, have been jointly developed:

Security to people.
Security for the displacements.
Security of the units in the field and within the TAN
Security of weapons, ammunition and explosives (transport, handling, storage and control).

Logistics

It includes all the elements that meet the specific needs identified between the National Government and the FARC-EP for the fulfilment of everything related to the Agreement on BFCFH and DW.

The MM&V at its local level has a logistics section, under the coordination of a member of the international component. This tripartite section of the local instance is responsible for defining all that is related to the logistics of the operation of the TAN; it is also responsible for ensuring adequate and timely arrival of supplies to TAN.

Protocols corresponding to this chapter specify in detail the criteria and commitment for each of the steps in the logistics supply process.

Decommissioning of Weapons (DW)

This is a technical, traceable and verifiable procedure through which the UN receives all the weaponry of the FARC-EP to destine them to the construction of 3 monuments, agreed between the National Government and the FARC-EP.

The DW on behalf of the FARC-EP involves an organized, traceable and verifiable process that takes place in two stages, called Control of Weapons and Decommissioning of Weapons, comprising the following technical procedures: registration, identification, monitoring and verification of possession, collection, storage, disablement, removal and final disposition.

    • Registration: this is the technical process of registering the quantity and type of weapons received from the FARC-EP by the IC-MM&V.
    • Identification: corresponds to the technical procedure for characterizing the weapons of the FARC-EP by the IC-MM&V. This procedure will only be carried out with individual weapons carried by members of the FARC-EP within the camps.
    • Monitoring and verification of possession: each of the members of the FARC-EP who remain in the Areas carries an individual weapon inside the camp. The IC-MM&V performs the monitoring and verification of possession of these weapons based on the registration and identification by the IC-MM&V. Within the camp there are representatives of IC-MM&V, permanently.
    • Collection: This is understood to be the technical procedure through which the IC-MM&V receives all the weapons of the FARC-EP, in accordance with the procedure set forth in this Agreement.
    • Storing weapons: in each Area, in one of the camps, there is a place for the storage of weapons received by the IC-MM&V, in containers ready for this purpose. This place can only be accessed by the IC-MM&V that carries out permanent monitoring and verification.
    • Removing the weapons: this technical procedure, led by the UN, consists in the physical withdrawal of the weapons from the Areas. The location of these weapons will be determined between the National Government and the FARC-EP with the UN, which will be used for the construction of 3 monuments.
    • Final disposition of the weapons: It is understood as the technical process through which the weapons of the FARC-EP are destined to the construction of 3 monuments: one at the headquarters of the United Nations, one in the Republic of Cuba and a third in Colombian territory at a place determined by the political organization emerging from the transformation of the FARC-EP, in agreement with the National Government.

Procedure

With the Signing of the Final Agreement begins the process of Decommissioning of the Weapons belonging to the FARC-EP, as follows:

For planning and enlistment of logistics for the DW, the FARC-EP, from day D+5 provides the IC-MM&V with information considered necessary by the IC-MM&V for transport, registration, identification, monitoring and verification of possession, collection, storage, withdrawal and final disposition.

The FARC-EP contributes by different means, including the provision of information, with cleaning and decontamination of the areas affected by landmines (MAP), improvised explosive devices (IEDs) and unexploded ordnance (UXO) and explosive remnants of war (REG) in general, taking into account the agreed points 4 and 5 and what is to be agreed in the point related to Reincorporation into civilian life regarding the participation of the FARC-EP in mine-cleaning action.

On day D+5 begins the displacement to the TAN by the FARC-EP units and the transportation of individual weapons. The MM&V monitors and verifies this procedure.
On day D+7 to D+30, the transportation of secondary weapons, militia weapons, grenades and ammunition, carried out by members of the FARC-EP to the TAN, under the observance of security protocol for the transportation of weapons. The MM&V monitors and verifies this procedure.

With the arrival of the members of the FARC-EP to the Areas, the IC-MM&V initiates the procedure of: registration and storage in containers determined for the purpose of individual arms of members of the FARC- EP who leave in the fulfilment of tasks related to the peace process and members of the FARC-EP allocated to MM&V.

Likewise, the IC-MM&V starts monitoring and control of tenure of individual arms of members of the FARC-EP remaining in the camps, based on the registration and identification of these weapons.

The accompanying armament, grenades and ammunition entering the camps, including weapons of militias, remain in temporary arsenals under the responsibility of the FARC-EP, until day D+60 when they will be stored in the containers set for this purpose. This procedure is monitored and verified by the IC-MM&V.

To ensure effective control of weapons in each Area, a single point of storage is determined in one of the camps, where the containers are located under the monitoring and permanent verification by the IC-MM&V, according to the protocols concluded between the National Government and the FARC-EP.

From day D+10 to D+60, the destruction of unstable weapons stored in warehouses (coves) previously geo-referenced under compliance with safety protocols defined for this purpose is made. The IC-MM&V verifies the implementation of this procedure.
The collection and storage in containers of the individual weapons remaining in power of the members of the FARC-EP in the camps inside the Areas will be done sequentially and in three phases as follows: 1 Phase: D + 90, 30%; 2 Phase: D+120, 30%; and 3 Phase: D+150, remaining 40%, according to the roadmap (schedule of events) agreed by the National Government and the FARC-EP that guides the process of End of Conflict after the signing of the Final Agreement.

Received the weapons on day D+150, at the latest on day D+180, the process of extraction of weapons by the United Nations ends, in accordance with the procedures agreed for this matter. The UN will certify compliance of this process and then proceed to inform the National government and public opinion.

On day D+180, the function of these Areas and the Bilateral and Final Ceasefire and Cessation of Hostilities is considered to be ended.

The MM&V certifies and communicates each one of the stages of the procedure of Decommissioning of Weapons described above.

Havana, Cuba, June 23, 2016

 

 

3.4 "Agreement on Security guarantees and fight against criminal organizations responsible for homicides and massacres or that attempt against human rights defenders, social movements or political movements, including the criminal organizations that have been labelled successors of paramilitary groups and their support networks, and the prosecution of criminal conducts that threaten the implementation of the agreements and the construction of peace.”

This Agreement also addresses in its content section 3.6. “Guarantee Securities” of the General Agreement for the end of the conflict. This agreement includes measures for clarifying the phenomenon of paramilitarism established in section 3.7 of the General Agreement for the end of the conflict, complementing the already agreed on item 5 Victims, particularly with the Commission for the Clarification of Truth, Coexistence and Non Repetition, while it is still required to adopt the measures included in this Agreement to fully guarantee this purpose.

Based on the established in the Agreement on Point 2 on Political Participation that defines security as "a qualitatively new, modern conception of security that, within the context of the end of the conflict, is based on the respect for human dignity, on the promotion and respect for human rights and the defense of democratic values, in particular, in protecting the rights and freedoms of those involved in politics, especially the ones who after ending the armed conflict become political opponents and who must therefore be recognized and treated as such, the National Government will establish a new Comprehensive Security System for the Exercise of Politics.”

The Agreement on item 2 also establishes that "The Comprehensive Security System for the Exercise of Politics will be structured according to a conception of security that has the individual at its core, is based on the principles of sovereignty, non-intervention and self-determination of the peoples, and which allows the articulation of security measures with measures for individual and collective development and well-being, provided for in the present agreement”, and that it adopts a differential and gender approach.

Finally, the Agreement on item 2 establishes that security guarantees are a necessary condition to strengthen the construction of peace and coexistence, and in particular to ensure the implementation of the plans and programs here agreed, guarantee the protection of communities and their leaders, of human rights defenders, of political and social movements and parties, and especially of the new political movement or party arising from the transition of the FARC-EP into legal political activity and of its members reincorporating into civilian life. The measures to materialize these guarantees will have a differential and gender approach.

 
To achieve such purposes, the National Government and the FARC-EP undertake to:

  • The National Government will guarantee the implementation of the necessary measures to intensify effectively and in a comprehensive manner, actions against criminal organizations responsible for homicides and massacres or that attempt against human rights defenders, social movements or political movements, including the criminal organizations that have been labelled successors of paramilitary groups and their support networks, and the prosecution of criminal conducts that threaten the implementation of the agreements and the construction of peace. It also will ensure the protection of communities in their territories, to break any link between politics and use of arms, and to comply with the principles that govern all democratic societies.
  • The Colombian State will apply the rules of criminal prosecution against criminal organizations and conducts subject of this agreement, respecting Human rights in its proceedings.
  • It will observe the standards of International Human Rights Law, hereinafter IHRL, in order to protect the population.
  • The State holds the monopoly on the legitimate use of weapons in order to ensure the full enjoyment of all human rights for all Colombians.
  • And the FARC-EP undertakes to contribute effectively to the construction and consolidation of peace, and everything that is within their capabilities, to promote the contents of the agreements and the respect of fundamental rights.

3.4.1. Guiding Principles

The Government and the FARC-EP agree the following guiding principles:

  • Respect, guarantee, protection and promotion of human rights: The State is the guarantor of the free and full exercise of rights and freedoms of individuals and communities in the territories.
  • Ensure the legitimate monopoly of force and the use of weapons by the State throughout the whole territory: within the context of the end of the conflict and the construction of a stable and lasting peace, the measures to be taken must guarantee the legitimate monopoly of force and the use of weapons by the State, in order to ensure respect and the fundamental rights of all citizens. Legitimacy is acquired through the fulfillment of the obligation to ensure full enjoyment of fundamental rights for all Colombians, under the principles of legality, necessity and proportionality.
  • Strengthening the administration of justice: within the context of the end of the conflict and the construction of a stable and lasting peace, the measures to be taken should help to ensure citizen access to independent, timely, effective and transparent justice, respecting and promoting alternative dispute resolution mechanisms in the territories, thus guaranteeing fundamental rights, impartiality, preventing any form of private justice and addressing the conducts and organizations subject of this agreement. These measures should also contribute to guarantee an effective administration of justice in cases of gender violence, free of stereotypes based on gender or sexual condition and sanctions in proportion to the gravity of the act.
  • Ensure the monopoly of taxes by the Treasury: Fight against all forms of illegal and criminal economic incomes linked to organized crime, among others, drug trafficking, criminal mining – traditional artisanal mining is not to be considered as such -, extortion or unlawful coercion, smuggling, money laundering and tax charges that are outside of the State monopoly.
  • Territorial and Differential approach: within the context of the end of the conflict and the construction of a stable and lasting peace, security measures adopted must have a territorial and differential approach that takes into account the different threats, particularities and experiences experienced by the communities and territories, in order to implement the plans and programs to build peace and provide guarantees to the population, including the new political movement arising from the transition of the FARC-EP into legal political activity and its members reincorporating into civilian life, thus contributing to better governance, legitimacy and the effective enjoyment of the rights and freedoms of citizens.
  • Gender approach: Special emphasis will be placed on the protection of women, children and adolescents, who have been affected by the criminal organizations under this agreement. This approach will take into account the specific risks faced by women against their life, integrity and security and will be adapted to such risks.
  • Coordination and institutional co-responsibility: within the context of the end of the conflict and the construction of a stable and lasting peace, coordination and shared responsibility among all State institutions, it is necessary to guarantee the effectiveness of the measures to be taken on the matter of security, for which the coordination of the institutions at the national, departmental and municipal levels must be ensured.
  • Citizen Participation: the measures will include the active participation of civil society, including the new political movement arising from the transit of the FARC-EP into legal political activity and its members reincorporating into civilian life.
  • Accountability: all measures must have a permanent accountability system provided by the Institutions, illustrating the achievements and progress of the taken actions, including those taken in response to the information provided by communities.
  • Non-repetition Guarantees: the State will take measures to ensure the clarification of the paramilitary phenomenon, prevent its repetition and guarantee the dismantling of criminal organizations responsible for homicides and massacres and systematic gender violence, or that attempt against human rights defenders, social movements or political movements, including the criminal organizations that have been labelled successors of paramilitary groups and their support networks, and the prosecution of criminal conducts that threaten the implementation of the agreements and the construction of peace.

In consideration of the above, the National Government and the FARC-EP agree:

3.4.2. National Political Pact:

The desire of the country to achieve a stable and lasting peace is based on the recognition of the need to overcome the armed conflict. The National Government and the new political movement arising from the transition of the FARC-EP into legal political activity, will undertake to promote a National Political Agreement from the regions, with political parties and movements, business associations, the driving forces of the nation, organized society and communities in the territories, unions, the National Trade Council and the various economic associations, owners and managers of the media, the churches, the academy and educational institutions, organizations of women and sexual diversity, of handicapped persons, young people, indigenous and afro-descendant peoples, victim organizations, human rights defenders and other social organizations.

This National Political Pact that should be promoted from the regions and especially in those most affected by the phenomenon, seeks to materialize the commitment of all Colombians to never again use weapons in politics, nor promote violent organizations such as paramilitaries that enter into the lives of Colombians violating human rights, affecting the coexistence and security conditions demanded by society. In this regard, the National Government undertakes to implement the necessary legislative process to incorporate into the Constitution the prohibition of promoting, organizing, funding or official and/or private employment of paramilitary structures or practices, and to develop the necessary rules for its implementation, which will include a policy of criminal prosecution, administrative and disciplinary sanctions. Moreover, measures for submission to justice will be considered. This pact will seek national reconciliation and peaceful coexistence among Colombians.

3.4.3 National Security Guarantees Commission for the dismantling of criminal organizations responsible for homicides and massacres or that attempt against human rights defenders, social movements or political movements, including the criminal organizations that have been labelled successors of paramilitary groups and their support networks, and the prosecution of criminal conducts that threaten the implementation of the agreements and the construction of peace, hereinafter the National Security Guarantees Commission.

In compliance with the agreements in section 2.1.2.1 related to the Comprehensive Security System for the Exercise of Politics, in article d which deals with the implementation of the Commission for the Monitoring and Evaluation of the Performance of the Comprehensive System of  Protection and the advances in dismantling criminal organizations and all those who threaten the exercise of politics, the National Government and the FARC-EP agree that the Government will create and implement the National Security Guarantees Commission, which will have the purpose of designing and monitoring the criminal public policy on regards of the dismantling of any organization or conducts referred in this agreement that threaten the implementation of agreements and peace-building. The Commission will also adjust these policies to ensure their implementation. The follow-up and evaluation of the functioning of the comprehensive system of protection will be done in the high-level body that is included in section 3.4.7.1.1 of this agreement.

The National Security Guarantees Commission will be chaired by the President of the Republic, it will be integrated by the Minister of Interior, Minister of Defense, Minister of Justice, Attorney General's Office, Ombudsman, Director of the Special Investigation Unit -section 74 of the Special Jurisdiction for Peace -, General Commander of the Armed Forces, the Director General of the National Police, two (2) representatives of the new movement arising from the transit of the FARC-EP to legal political activity, two (2) spokespersons in representation of human rights and peace platforms, and may invite representatives of political parties and movements. The commission may invite national and international specialized bodies with presence in the territories and it may rely on experts on the subject when deemed appropriate. The Commission will be formed before the entry into force of the Final Agreement. In the composition of the Commission, effective participation of women will be promoted.

While the process of formalizing the new political party rising from the transit of the FARC-EP to legal political activity is being carried out, the parties to the peace talks will define two independent experts to integrate it.

The Commission will focus on:

a) The National Security Guarantees Commission will be the instance for the design, monitoring and inter-sectorial coordination and the promotion of coordination at the departmental and municipal level for the implementation of the action plan that the National Government will take forward to fight against and dismantle the organizations and prosecute criminal conducts stated under this agreement;

b) It will formulate and evaluate the permanent action plan to fight against and dismantle the organizations and conducts subject of this agreement;

c) It will evaluate the institutional response and the impact of the results in the dismantling of the organizations and conducts subject of this agreement;

d) It will coordinate with departmental and municipal authorities for the creation of technical commissions to track down criminal manifestations subject of this Commission, including the reception of reports and complaints, complementing the State effort on the matter;

e) It will recommend reforms that should help eliminate any possibility for the State, its institutions or its agents to create, support or maintain relationships with organizations stated under this agreement;

f) It will request from the authorities the referral of reports on any matter related to organizations and conducts subject of this agreement and it will monitor the content of such reports;

g) It will design and build strategies within its competence to identify the funding sources and patterns of criminal activity and behavior of organizations subject of this agreement; among mentioned patterns, those which particularly affect women, children, adolescents and LGTBI population will be taken into account.

h) It will make recommendations for the repeal or amendment of laws in order to identify those provisions that directly or indirectly allow and/or encourage the creation of organizations and conducts subject of this agreement;

i) It will propose mechanisms for background checks of public servers in all State institutions in order to avoid any involvement with the mentioned groups and/or paramilitary activities or human rights violations;

j) It will inform periodically to the branches of public power, public opinion and international organizations about progress and obstacles in the fight against organizations and conducts subject of this agreement;

k) It will guarantee the provision of information by the entities or institutions that participate in the National Security Guarantees Commission, to the "Commission for the Clarification of Truth, Coexistence and Non-repetition" and the Unit of Investigation and Dismantling of Criminal Organizations and Successors of Paramilitary groups - section 74 of the Special Jurisdiction for Peace;

l) It will make recommendations to the branches of public power to adjust and prioritize actions and strategies of State intelligence policy and legislation in the fight against organizations and conducts subject of this agreement;

m) It will monitor the system of controlling private security and surveillance services and formulate proposals to update the norms that regulate the services of private security and surveillance, in order to ensure that their service corresponds to the purpose for which they were created and in no way, directly or indirectly, facilitate the action of organizations and criminal conducts subject of this Agreement.

n) It will design policies for bringing to justice the criminal organizations and their support networks subject of this agreement, defining specific treatment for the members of mentioned organizations and networks, promoting a quick and final dismantling of the before-mentioned. These measures will never imply a political recognition.

o) It will guarantee the application of territorial, differential and gender approaches in the design, implementation and follow-up of the policies and strategies of this commission.

3.4.4 Special Investigation Unit for the dismantling of criminal organizations responsible for homicides and massacres or that attempt against human rights defenders, social movements or political movements, including the criminal organizations that have been labelled successors of paramilitary groups and their support networks, and the prosecution of criminal conducts that threaten the implementation of the agreements and the construction of peace."

In the context of the end of the conflict and to ensure the effectiveness of the fight against criminal organizations and their support networks, including those that have been labelled successors of paramilitary groups, which represent the greatest threat to the implementation of the agreements and the construction of peace, the National Government will promote the necessary measures for the creation and implementation, within the framework of the ordinary jurisdiction, a Special investigation unit for the dismantling of criminal organizations and their support networks, including criminal organizations that have been labelled successors of paramilitary groups, in accordance with the provisions of paragraph 74 of Section 5.1.2 of the agreement Comprehensive System of Truth, Justice, Reparation and Non-Repetition. The Unit will exist as long as needed to comply with its mandate.

Its mandate will be the investigation, prosecution and accusation of criminal organizations responsible for homicides, massacres, systematic gender violence, or that attempt against human rights defenders, social movements or political movements, including the criminal organizations that have been labelled successors of paramilitary groups and their support networks, and the prosecution of criminal conducts that threaten the implementation of the agreements and the construction of peace.

The Special Unit, through the compliance of its duties in the ordinary courts, will contribute to fulfilling the objectives of the Law of Justice and Peace and the Special Jurisdiction for Peace. Inasmuch as it will contribute to the strengthening of justice and the dismantling of the organizations labelled successors of paramilitary groups, it will also ensure non-repetition of the paramilitary phenomenon, prevent further of human rights violations, and thus will contribute to building a stable and lasting peace.

This Special Investigation Unit will have the following characteristics:

  • It will be created outside the Special Jurisdiction for Peace. It will be part of the ordinary jurisdiction and the Attorney General's Office. The Unit will decide what is necessary for its operation and the establishment of working and research groups, promoting in these spaces the effective participation of women. It will have autonomy to decide its guidelines for research, implement them and to initiate proceedings in any jurisdiction.
  • The Director of the Unit will be responsible for making decisions regarding any function or competence of the Unit; it may delegate these responsibilities, in whole or in part, to other public servants assigned to the Unit.
  • The Unit will investigate and accumulate cases within its jurisdiction, and if appropriate it will present allegations and charges before the ordinary courts or before the Justice and Peace jurisdiction, provided the legal term for the applications hasn’t expired. The Unit may request to the competent body the accumulation of judicial powers for all the crimes committed by the criminal organization in the highest court judge, within the respective jurisdiction.
  • The Unit will perform its functions without replacing the ordinary functions of the Attorney General's Office before the Justice and Peace jurisdiction or the ordinary courts.
  • Its director must be a jurist, meet criteria of technical adequacy and transparency and he/she should have experience in the field of criminal investigations and shown results in the fight against organized crime, and he/she will be appointed for a period of 6 years. The Director of the Unit will be subject to the inabilities or incompatibility system of the officials of the Attorney General’s Office. In no case the Director of the Unit can be removed from office for faults that are not considered serious according to the current disciplinary regime. The disciplinary processes that will be carried out against the Director of the Unit will be known exclusively by the National Disciplinary Commission.
  • This unit will deploy its research capacity with a territorial, differential and gender approach to address the threat, with emphasis on areas where variables converge that threaten communities and peace building, prioritizing the investigation of organized crime structures within its competence.
  • It will have a special unit of the Judicial Police formed by specialized officials of the Prosecutor and the Judicial Police of the National Police, experts in various fields, who should be aware of the development and consolidation of organizations of organized crime, including knowledge of the paramilitary phenomenon and criminal organizations that have been labelled successors of paramilitary groups. It will be sought that mentioned officials have knowledge about gender violence and justice. The Director will hold the functional control of the officials of the CTI attached to his Unit, and the functional control of the other officials of the Judicial Police attached to it.
  • The public servants that will integrate the Unit will be chosen by the Director of the Unit, using special mechanisms of selection, incorporation and monitoring of the performance of its officials, giving priority to high standards of transparency, effectiveness and knowledge about the application of a gender approach in the exercise of public functions.
  • The functioning of this Unit will be based on a multidimensional research approach that addresses the entire chain of criminal organizations and conducts covered by its mandate, including the criminal conducts that affect women, children and adolescents.
  • This Unit will apply context analysis methodologies, considering the judicial experience accumulated in recent years, without prejudice to the possibility of using new methods of analysis, including a gender perspective.
  • To ensure high efficiency performance standards, there will be sufficient resources and operating budget. Funding for the operation of the Unit will come from the General Budget of the Nation and from international cooperation. The part contributed by the Colombian government to this effect must be included in the annual budget of the Attorney General's Office, which will be subject to congressional approval and will only be destined to the Unit. The funds will be spent according to the plan established by its Director, without undermining the controls established by law. The Unit may request extraordinary funds from the State or from international cooperation and in the latter case may negotiate and receive international funds for its operation. The Unit can make any arrangement or agreement of international cooperation in order to strengthen the compliance of its mandate.
  • The Investigation Unit will regularly present a report on the progress and results to the National Security Guarantees Commission.
  • The Attorney General's Office, in coordination with the National Government and at the request of the Unit, will request the European Union to send a temporary mission of accompaniment to strengthen the capacities of the Unit to fight organized crime and ensure the adoption of international best practices, without prejudice to additional international cooperation the Unit may require through the Attorney General's Office.
  • It will have access to all available legal information required for its research, including information that remains or has been transferred to other units of the Attorney’s Office, particularly the Justice and Peace Unit. It may use the mechanisms for access to documents and sources of information provided to the Special Jurisdiction for Peace (article 69 of the Special Jurisdiction for Peace).
  • The Unit will ensure legal reserve in fulfilling its functions and it will take the necessary measures to protect witnesses and victims who require so.

Competence:
The Special Unit:

  • Will carry out legal proceeding against conducts and organizations covered by its mandate. It will investigate the respective criminal liability of the members of these organizations and it will take the obtained information on authors, instigators, organizers and financers of these structures to the competent jurisdiction for their prosecution or investigation by another body deemed competent.
  • It will take charge of the investigations in those cases in which accusations have been derived from ordinary jurisdiction or in the jurisdiction of Justice and Peace have been produced, in order to investigate the criminal responsibility of those individuals who integrated support networks of criminal organizations included in this mandate, including the criminal organizations labelled successors of paramilitary groups.
  • Will implement methodological plans of specialized research regarding the most serious victimizations carried out by the organizations and conducts under this agreement against women, children, adolescents and LGTBI population.
  • It will take charge of investigating the links between criminal organizations within its mandate, including the criminal organizations that have been labelled successors of paramilitary groups, and state officials.
  • In case evidence is found on the responsibility of public officials, the Unit will continue to conduct the criminal investigation, and in addition it will transmit the case to the Attorney General's Office or the Office of the Comptroller General of Colombia, with the purpose of initiating the relevant disciplinary and tax investigations.
  • In case evidence is found on the responsibility of public officials, the Unit will request to the competent judicial authorities the imposition of additional penalties, like the inability to exercise public functions, among others.
  • It will ensure that there are no norms that, directly or indirectly, allow or promote the existence of paramilitary structures or successors of these; it should report this to the National Security Guarantees Commission so that relevant measures can be taken.
  • It can inform periodically to national and international opinion about the progress and obstacles to the compliance of its mission.
  • It will coordinate with the Commission for the Clarification of Truth, Coexistence and Non Repetition and with the Special Jurisdiction for Peace, the interchange of information within its competence.

3.4.5. Integration of an Elite Corps.

As guarantee of an immediate action by the State against organizations and conducts subject of this agreement and their dismantling, an elite corps with a multidimensional approach will be integrated in the National Police. The members that make up the Elite Corps will be selected under a special model that certifies high standards of suitability, transparency and effectiveness.

3.4.6. Basic guarantees for the exercise of the function of prosecutor, judges and other public servants.

Public servants with responsibilities in research, analysis, prosecution, among others, aimed at fighting the organizations and conducts subject of this agreement, will be ensured the necessary conditions for the development of their activity, avoiding any disturbance or threat to their functions and providing the respective security guarantees.

3.4.7. Comprehensive Security System for the Exercise of Politics

The Comprehensive System will develop a new model of guarantees of citizen rights and protection for political movements and parties, including the movement arising from the transit of the FARC-EP to legal political activity, rural communities and social, women’s and human rights organizations, respecting the agreed in the Agreement on Political Participation.

3.4.7.1 Protective measures, personal and collective safety

The National Government and the FARC-EP, considering the fact that in the agreement on Political Participation, “A Comprehensive Security System for the Exercise of Politics" was agreed, which should be complemented and define its contents with regard to guarantees in matters of security and protection for the recipients of this system, and in order to provide security guarantees for the new political movement arising from the transit of the FARC-EP to legal political activity, its members – men and women - in process of reincorporation into civilian life, besides applying the model of prevention, safety and protection of the territories and the immaterial protection measures defined under the "Agreement on Political Participation, democratic opening for the construction of peace", agree:

3.4.7.1.1 High-level body of the Comprehensive Security and Protection System for the Exercise of Politics.

In compliance with the provisions in 2.1.2.1, paragraph a, of the agreement on political participation, the purpose of the High-Level body will be to implement the Security System for the exercise of politics, guaranteeing its operation, articulation and oversight. Likewise, it will be the space for communication and follow-up for the security and protection of the members of the political and social parties and movements, especially those of the opposition, and the new movement that arises from the FARC-EP’s transit to legal political activity and of its members in process of reincorporation into civilian life.

The High-Level Body of the Comprehensive System of Security for the Exercise of Politics (Agreement on Political Participation: section 2.1.2.1) will develop and implement the following components of the Security System:

  • Specialized protection, based on risk-evaluation and in coordination with the corresponding State agencies, for the following persons: those who have been elected popularly, who declare themselves in political opposition and leaders of political parties and movements, with a differential approach and with national and regional presence, as well as its body of risk-evaluation at the regional and local level, referred to in section 2.1.2.1. paragraph c. of the Agreement on Political Participation: democratic opening for the construction of peace. Both the risk-evaluation research and the specialized protection measures will apply gender protocols that ensure the suitability regarding the sexual condition and gender identity of the persons.
  • System of planning, monitoring and evaluation with an inter-institutional character, provided for in section 2.1.2.1. paragraph d. of the Agreement on Political Participation: democratic opening for the construction of peace.
  • Committee of Promotion of the investigations for crimes against those who exercise politics, including women and the LGTBI population, as provided for in section 2.1.2.1. paragraph d. of the Agreement on Political Participation: democratic opening for the construction of peace.

The Body will be integrated by:

  • The President of the Republic.
  • The Minister of the Interior.
  • The Minister of Defense.
  • The Advisor on Human rights of the Presidency of the Republic.
  • The Commander of the Armed Forces.
  • The Director of the National Police.
  • The Director of the National Protection Unit, hereinafter NPU.

The High-Level Body will guarantee the permanent participation of the new political movement arising from the transit of the FARC-EP to legal political activity.

The National Government will guarantee the participation in this Body of political parties and movements, especially those whose security has been affected, victims’ and human rights organizations and social movements, including women’s movements. Whenever deemed appropriate, a delegate of international human rights organizations with presence in Colombia and other delegates of State entities and control agencies may be invited.

3.4.7.2. Presidential Delegate:

The President of the Republic will appoint a delegate attached to the Administrative Department of the Presidency, who will be in charge of the technical Secretary of the High-Level Body, and he/she will be responsible for coordinating and monitoring the safety and security measures to be adopted on the matter. It will maintain a permanent dialogue with members of parties and political and social movements, human rights defenders, including the political party arising from the transition of the FARC-EP to legal political activity and members of the FARC-EP in process of reincorporation into civilian life.

3.4.7.3 Comprehensive protection program for members of the new political movement arising from the transition of the FARC-EP to legal political activity, activities and places, as well as former members of the FARC-EP who will reincorporate into civilian life and for the families of all the previously mentioned, according to the level of risk.

The National Government will assume the commitment of implementing a comprehensive Protection Program, in accordance to the developed in the agreement “Political Participation: democratic opening for the construction of peace”, section 2.1.2.1 paragraph c, that will aim to protect the members of the new political party or movement arising from the transition of the FARC-EP to legal political activity, places and activities, as well as the former members of the FARC-EP who will reincorporate into civilian life and for the families of all the previously mentioned, according to the level of risk.

This Program that will be attached to the Administrative Department of the Presidency of the Republic under the supervision of the Presidential Delegate in the High-Level Body of the Comprehensive Security System for the Exercise of Politics, will have administrative and financial autonomy and will maintain permanent and operational coordination with the relevant State bodies.

The measures established in this paragraph will be applied to the representatives of the FARC-EP in process of reincorporation into civilian life and fulfilling tasks within the framework of the peace process, who will be designed by the Peace Delegation of the FARC-EP, according to the established in the Final Agreement and starting from the moment it is being signed.

3.4.7.3.1 Specialized sub-direction of security and protection in the NPU

The National Government will create a Sub-direction within the NPU, specialized in security and protection, for the members of the new party or political movement arising from the FARC-EP’s transit to legal activity, activities and places, as well as the former members of the FARC-EP who will reincorporate into civilian life and for the families of all the previously mentioned, according to the level of risk.

The Specialized Sub-direction of Security and Protection will include the active and permanent participation of at least two representatives of the new political party or movement arising from the FARC-EP’s transit to legal political activity and the whole of its structure and functioning will be defined by the National Government and the FARC-EP. This specialized Sub-direction of security and protection will guarantee the administration, functioning and operation of the Technical Committee and the Security and Protection Body that is created in the present agreement:

3.4.7.3.2 Technical Committee for Security and Protection:

The National Government will put into operation a Technical Committee for Security and Protection, hereinafter the Technical Committee, with the participation of the National Government and the FARC-EP, that will start operating immediately after the signing of this  Agreement, to develop, coordinate, monitor and make suggestions for the implementation of a Strategic Plan for Security and Protection, that should include material and immaterial measures for the members of the new  party or political movement arising from the FARC-EP’s transit to legal activity, activities and places, as well as the former members of the FARC-EP who will reincorporate into civilian life and for the families of all the previously mentioned, according to the level of risk.

The Technical Committee will have the following functions:

Develop the structure of the Specialized Sub-direction for Security and Protection of the NPU, according to the agreed by the National Government and the FARC-EP.

Identify needs regarding human, physical and budget resources required for the implementation of the Strategic Plan for Security and Protection, in order to ensure the rights to life and personal integrity, liberty, mobility and security of the members of the new political movement arising from the transition of the FARC-EP to legal political activity and the members of the FARC-EP in process of reincorporating into civilian life, given their situation of risk arising from the exercise of their political, public, social or humanitarian activities or functions and of their families, according to the level of risk.

The Technical Committee will be permanent and will make follow-up and periodic evaluations in coordination with state institutions that have competence on the issue. The design and monitoring of protection actions will be both individual and collective for the members of the new party or political movement arising from the FARC-EP’s transit to legal activity, activities and places, as well as the former members of the FARC-EP who will reincorporate into civilian life and for the families of all the previously mentioned, according to the level of risk.

By initiative of the Technical Committee and in coordination with the Presidential Delegate, the Government will carry out the reforms and policy adjustments - decrees and developments - governing all aspects related to safety and security of members of the new political movement arising from the transition of the FARC-EP to legal political activity and of their families, according to the level of risk. These rules and procedures will be developed by the Technical Committee and presented to the National Government for approval before the signing of the Final Agreement.

The Technical Committee shall be composed by delegates of the National Government, headed by the Presidential Delegate, the Director of the NPU and the Subdirector of the new specialized sub-direction, created by the present agreement, who will act like secretary, and other bodies deemed relevant, among these, as standing invitee will assist the representative of the Office of the High Commissioner for Human Rights of the United Nations in Colombia. Before signing the Final Agreement, representatives deemed appropriate by the FARC-EP will participate. After the signing of the agreement, the delegates appointed by the FARC-EP will continue being part of the Technical Committee. Once created the political movement, the representatives appointed by it will be incorporated to the Technical Committee.

Guidelines and Criteria of the Strategic Plan for Security and Protection for the new political party or movement arising from the transit of the FARC-EP to legal activity, derived of its situation of risk.

The Strategic Plan of Security and Protection will be composed by all the comprehensive measures provided for in this agreement, among them the measures of immaterial, collective or political nature, aimed at preventing and generating an atmosphere of trust, and others of a material character that will be defined in the security and protection protocols, as well as all those pointed out by the Technical Committee for its execution.

The Protocol of security and protection will be composed by the following components: Prevention, security and protection programs and schemes; Personnel of the Body for Security and Protection- Selection and Training-; Logistics and enlistment of the Body for Security and Protection – provision and financial resources-, together with risk-analysis programs and coordination between the elements of the Security System.

The measures that will be applied to the population subject of this agreement will be implemented according to the contents of this agreement section 3.4.7.3 and the protocols of development, which should be carried out in a timely and efficient manner.

The protection protocol will include the means of transport that are needed, according to the mobilization needs of the protected.

According to the decisions taken by the Technical Committee, support for temporal relocation, media, psycho-social care and all the necessary to guarantee the effective protection of the population subject of this agreement.

The State will guarantee, addressing the definitions of the Technical Committee, all the protection measures that are necessary for the comprehensive security of the places and facilities of the new political party or movement into which the FARC-EP will transform and the homes of the people subject of protection included in this agreement, according to the level of risk.
The prevention, security and protection schemes, in what refers to enlistment, logistics, provisions, mobility, labor rights of the personnel and other requirements for its optimum performance and sustainability will be defined by the Technical Committee, addressing criteria of reliability and compliance that in this matter provide the operators to the new political movement or party into which the FARC-EP will transform.

The Security and Protection Protocol will be elaborated by the Technical Committee and approved by the Negotiation Table before the signing of a Final Peace Agreement.

3.4.7.3.3 Security and Protection Body

The National Government will create a Security and Protection Body, according to the established in this agreement, in its conformation of a mixed nature, comprised by trusted staff of the new political party or movement arising from the FARC-EP’s transit to legal activity, which will be directly linked and coordinated with the National Police, which in turn will appoint liaison officers for each security and protection scheme, at the national departmental and municipal level, according to the established operative scheme.

The schemes should include all the logistics for operation, equipment and provision required and necessary for the protection of the protected persons. The National Government will guarantee that the protection schemes will be provisioned with the most adequate and relevant weapons to ensure the integrity of the protected ones, according to the risk levels established by the Technical Committee.

The security and protection will be aimed at members, activities and facilities of the new political movement arising from the transition of the FARC-EP to legal political activity, as well as the former members of the FARC-EP who will reincorporate into civilian life and for the families of all the previously mentioned, according to the level of risk.

With the purpose of advancing towards the construction of a professional and technical model of the security and protection body, the Technical Committee will make the proposals to the National Government, whose follow-up and activities will be carried out by the Presidential Delegate, including a system of education and training, of working contracts and social security. The system will include educational programs in aspects related to the protection of women and the specific risks they face.

The protocol of security and protection will determine the operative system and conformation of the protection schemes – applying a gender approach - which will include the liaisons of the new political movement or party arising from the transition of the FARC-EP to legal political activity, and the liaisons of the National Police. It will contain the criteria and guidelines of the strategic plan for security and protection.

The National Government will make the necessary budgetary allocations to secure the full implementation of the system, which should be guaranteed for a minimum period of five years in its initial phase.

In the case of members of the National Police participating in the Security and Protection Body, a rigorous review model of criminal and disciplinary records shall be applied and security investigations will be carried out, including credibility and confidence tests, among others.

The members of the Security and Protection Body will depend on the Specialized Sub-direction for Security and Protection. Contracting may be done through direct labor contracts as public servants, or temporary contracts for the provision of services or incorporation of personnel through duly authorized security operators which grant the best guarantees of confidence to the protected persons. The National Government will carry out the necessary adjustments in order to increase the number of personnel of the NPU, if necessary.

The Security and Protection Body will have duly accredited training programs in Security, for the training and specialization of all its members. Advisory and training agreements may be established with national or international bodies and institutions experts in the field.

The Technical Committee will establish the criteria about the contents for the training and education. The members of the Security and Protection Body will be selected, trained and qualified in national or international academies or institutions, before the signing of a Final Agreement, for which the National Government will grant all the necessary guarantees and conditions.

Constitutional and legal presumption of risk. The members of the new political movement arising from the transition of the FARC-EP to legal political activity, will have presumption of extraordinary risk according to reasonable criteria presented by its representatives to the Technical Committee. The new political movement will have presumption of extraordinary risk. The National Government will promote the necessary regulatory measures for this presumption to become legal.

Measures of psychosocial care. All measures will be taken to provide those recipients of the protection program who have been affected because of any aggression against life and physical integrity, with tools in psychosocial care, both of individual or collective nature and with a gender perspective.

3.4.7.3.3 Implementation of the Program for reconciliation, coexistence and prevention of stigmatization.

In accordance with the provisions of the Agreement on Political Participation (2.2.4), after the signing of the Final Agreement, the National Council for Reconciliation and Coexistence will be put into operation. This Council will design and carry out the Program for reconciliation, coexistence and prevention of stigmatization, with the participation of territorial bodies. The previous without undermining the immediate measures that should be adopted.

3.4.7.3.4 Measures concerning self-protection

A training process in the field of self-protection for security will be started, aimed at the members of the FARC-EP who are reincorporating into civilian life and the new political movement arising from the transition of the FARC-EP to legal political activity, for which the National Government will provide the new political movement with the tools and sufficient resources to implement it.

3.4.8 Integral Security and Protection Program for communities and organizations in the territories.

At the behest of the Ministry of Interior, a comprehensive program of safety and protection for communities and organizations in the territories will be created, which will aim at the definition and adoption of comprehensive protection measures for organizations, groups and communities in the territories, in such a way to help ensuring - under an effective model - the implementation of the measures of prevention and protection of communities and their territories. This program will be developed and implemented with active and effective participation of social organizations, including women’s organizations, and communities in the territories. Among others, the following measures will be promoted:

-  Implementation of comprehensive security and protection measures: In developing the provisions of paragraph 2.2.4 of the Agreement on Political Participation, the Comprehensive Program for Security and Protection, when developing the Prevention and Protection Plan, will take into account de-stigmatizing measures, including those against stigmatization for reasons of gender or sexual orientation, mechanisms of wide diffusion, campaigns for the legitimacy and recognition of human rights defenders, both in rural and urban areas, and creation and dissemination of communitarian media of public interest for the promotion of human rights and coexistence.

- Community Promoters of Peace and Coexistence. This will be a program of the Interior Ministry coordinated with the Ministry of Justice. The community promoters of peace and coexistence will be of voluntary and unarmed nature. The program will encourage alternative mechanisms for conflict resolution in the territories, it will promote the defense of human rights, encouraging community coexistence in areas previously defined for it. The program will allocate the necessary resources for its implementation and guarantee.

 - Protection Protocol for Rural Territories: The Interior Ministry will create a special protocol of protection for rural communities that were affected by the conflict, which will be agreed with communities and organizations belonging to each territory, including women’s organizations, and with the Comprehensive System for Security and Protection.

Within this protocol, rural communities and their organizations will develop their own evaluation scenario and definition of risks, with a differential and gender approach.

- Support for the Reporting activities of human rights organizations in the territories: The Interior Ministry will elaborate a program in order to strengthen the reporting capacity of the human rights organizations in rural territories, which will promote prevention measures, emphasizing written and audiovisual communication, together with the instruments that serve to document possible human rights violations.  Within this program, offices and buildings with their respective facilities and equipment will be made available to human rights organizations, in support of the activity of human rights defenders and their organizations in the territories, with the purpose of encouraging and promoting the compliance of its objectives. These offices and buildings must be collectively managed by the human rights organizations.

3.4.9 Instrument of prevention and monitoring of criminal organizations under this agreement

In accordance with the provisions of the "Agreement on Political Participation", in point 2.1.2.1, paragraph b, the Ombudsman, coordinating with the National Government and the Special Investigation Unit, will create a new System of prevention and alert, for a quick reaction to the presence, operations and/or activities of criminal organizations and conducts under this agreement; the National Commission for Guarantees and Securities will participate in its design.
The System should combine permanent monitoring activities and capacity for early warning, as to deploy a quick reaction on the ground. It will act in coordination with human rights organizations and communities. Mentioned System will issue early warnings in an autonomous way, without having to consult or submit its decisions to any other institution.

This Early Warning System should have a territorial, differential and gender approach, as well as a preventive deployment of security, without prejudice to its national deployment and responsiveness. The Colombian State will ensure adequate funding according to the requirements of the System and its comprehensive functioning.

Monitoring activities regarding threats will be combined with early warning capacities and recommendations for deployment and quick response on the ground. This System will integrate government capacities and at the same time, it will be able to meet and respond to situations on the ground. The System will have the following functions:

  • Monitor and map the threat posed by the presence and/or activities of organizations and criminal conducts under this Agreement, including those labelled as successors of paramilitary groups, particularly in regions and territories where the FARC-EP would undertake its process of reincorporation into civilian life.
  • The government institutions, the Public Force, the communities, social groups and organizations specialized in the field, will contribute permanently and continuously to feed the System, so as to generate instruments of verification and response regarding the allegations and reports in the territories and at the central level.
  • Early identification of the presence, movement, raids and activities in the whole country of the organizations under this agreement as well as the potential risks to the civilian population.
  • The National Government will guarantee the organization and coordination of preventive and quick reaction measures to these raids and operations of the criminal organizations under this agreement, in order to ensure protection of the civilian population.
  • Critical areas of intervention will be initially prioritized, according to the gathered reports and the public allegations that have been accumulated.

In priority areas, integrated mechanisms of interinstitutional coordination, responsible for joint efforts to address security alerts about threats in the territories, will be implemented, in order to generate a quick response.

The "System of prevention and alert for a quick reaction" will have Territorial Committees of Alert for an Immediate Reaction in the territories and areas to be defined, which will locally coordinate their functions with the competent authorities.

Preventive actions regarding the activities of criminal organizations under this agreement should emphasize the areas mostly affected by these organizations.

3.4.10 Implementation of a national mechanism of monitoring and territorial inspection of surveillance and private security services

The National Government will strengthen the national mechanism of monitoring and territorial inspection of surveillance and private security services at the request of the Superintendent of Surveillance and Private Security, to ensure that their use is appropriate with regard to the purpose for which they were created, emphasizing on the ban of privatization of military, police or intelligence functions; likewise it will develop with priority the review of the regulations on safety and private security; it will ensure that it will not exercise functions of a military, police or state security nature; and will update the rules on surveillance or private security services. The regulations on allowed weapons - which are for the exclusive use of the Armed Forces - to fulfill the role of private security, will be reviewed.  

The following measures will be taken:

  • It will be checked that the public record ensures adequate information on the owners of these businesses, their employees, the available weaponry and the contracts of services in force. 
  • The Superintendency of Surveillance and Private Security will be enabled to cancel or not grant operating licenses to security companies involved with criminal organizations under this agreement.
  • The necessary legislative measures will be promoted and the relevant administrative measures will be adopted in order to regulate private security services, with the aim of ensuring that these services, employees, shareholders, owners or managers are not involved with criminal organizations under this agreement.

3.4.11. Measures of prevention and fight against corruption:

In order to develop point 3.4 of the General Agreement, in what corresponds to the intensification of measures to combat conducts which, by action or omission, cause phenomena of corruption, the National Government will promote State action to promote a culture of transparency in the territories, as an element to ensure effective implementation of the agreements, the guarantees of security in the territories and democratic participation in the future.

3.4.11.1 Instruments of verification and institutional control

Based on the existing legal framework for fighting corruption, the National Government will implement the following measures to certify transparency and effectiveness in the actions aimed at dismantling the organizations and conducts under this agreement. The National Government will promote, among others, the following measures:

  • Verification of the adequacy of public servants, so as to ensure that they possess the competencies for the proper exercise of public functions.
  • Certification of integrity and performance of public servants, in order to ensure, by means of the assessment and verification of their resumes, criminal and disciplinary history, transparency and commitment with the application of the law.
  • Guarantees to maintain surveillance and monitoring of the economic assets of public officials and control over their income, which should commensurate with their salaries and legal activities. Evaluation and monitoring of the efforts in the fight against the organizations under this agreement and aimed at building trust with the communities.

3.4.11.2 Action measures to curb the penetration of the criminal organizations and conducts under this agreement in the exercise of politics

A multidimensional approach applied to the fight against organizations and conducts under this agreement, in order to make progress in the creation and maintenance of security guarantees, demands the adoption of a series of measures to combat the penetration of criminal organizations, including those labelled successors of paramilitary groups and their support networks, in politics.

The penetration of criminal organizations and conducts under this agreement in politics – resulting in expressions like the so-called parapolitics -, in a democratic system, affects the transformation of the political fabric, because it suppresses the democratic local leaderships, undermines the processes of participation, expands the risk of penetration of the institutions by mafias, affects public procurement, constrains democratic deliberation and leads to the diversion of resources to fund violence.

It is necessary to develop measures concerning not only the individuals involved in these conducts - who should be subject to criminal, disciplinary and pecuniary sanctions - but also parties and communities whose leaders and elected representatives engage in such practice.

Therefore, what was agreed in item 2.3.4 – “Agreement on Political Participation: democratic opening to build peace" -, the National Government will guarantee that the Special Electoral Mission to be established should take into account in its discussion the considerations proposed by the new political movement arising from the transition of the FARC-EP to legal political activity.

The National Government will promote the legislative will include the necessary legislative reforms that will provide sanctions to those political parties or movements whose candidates or elected representatives for public corporations or directly elected offices have been convicted for connections to criminal organizations, including those labelled successors of paramilitary groups and their support networks, for events occurred during their mandate. These sanctions can be imposed even if they have been convicted after exercising the office to which he/she was endorsed or elected.

Likewise, and for the same previously mentioned allegations, the National Government will promote the necessary legislative reforms so that sanctions can be imposed on persons who granted endorsement to the candidates or elected representatives who have been criminally sanctioned.

The regulatory adjustments will imply a disciplinary and fiscal control of the procurement and administration of public resources in departmental and municipal administrations, especially in areas where criminal organizations under this agreement exist.

3.4.12 Other provisions for Guarantees

The National Government will prioritize the necessary actions and strategies in matters of intelligence, within the plan and programs developed by the State aimed at the dismantling and persecution of organizations and conducts described in this agreement.

The National Government will promote the necessary measures in order to debug the databases of the intelligence and security headquarters of the names and information related to members of human rights organizations, members of the opposition and members of the new political movement arising from the transition of the FARC-EP to legal political activity and their families, if these are included just for the fact of being families.

Havana, Cuba, June 23, 2016

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