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Illicit Drugs

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The traditional drug policy of the Colombian state has been focused on the persecution of the weakest elements of the drug-trafficking chain: cultivators and consumers. The FARC-EP considers that coca cultivation is produced by social problems in the first place; that is, Colombian peasant don’t grow coca because they want to, but because they have no other options to subsist.

The FARC-EP also considers the problem of the illicit use of drugs a global problem and proposed an international conference in order to find global solutions. It is unrealistic to believe that the FARC is the main cause of drug-trafficking in the country and that when they abandon weapons, the problem will be solved.

The new policy, agreed by both parties, will allow the transformation of the regions affected by illicit uses of crops, ensuring the voluntary transit of the illicit use to licit economies, like coffee, potatoes or yucca, offering the peasants sufficient credit, infrastructure and technical help to do so. In this sense, the agreement on illicit drugs is closely linked to the first partial agreement on rural development.

The partial agreement reached on this issue involves a strategy that innovates the drug policy of the Colombian state. It is based on an ambitious national program for voluntary substitution of the illicit use of crops, coordinated with the Comprehensive Rural Reform and based on the participatory design of the affected communities.

Additionally, it includes a specific public health policy for the consumers of illicit drugs, and specific measures focused on the persecution of the production and commercialization of narcotics.
With the public health approach to the problem of drugs consume, Colombia will take a step forwards to its modernization and democratization.

Last but not least, the agreement opens a window to the construction of a sovereign drug policy, beyond US interference.

Introduction

The internal conflict in Colombia has a long history of many decades, with causes that differ from and precede the appearance of the wide-scale illicit use of crops and the production and marketing of illicit drugs in the territory.

The persistence of the crops is linked partially to the existence of conditions of poverty, marginality, weak institutional presence and the existence of criminal organizations engaged in drug trafficking.

In order to contribute to the aim of laying the foundations for the construction of a stable and lasting peace, it is necessary -among others- to find a definitive solution to the problem of illicit drugs, including the illicit use of crops and the production and marketing of illicit drugs.

We aspire to a country in peace and free of the problem of illicit drugs and we are aware that achieving that goal depends also on consensus and definitions of a global scope by all States, particularly by those who have been directly or indirectly affected by this transnational problem.

Taking into account the above, the National Government and the FARC-EP consider:

That many regions and communities of the country, especially those in conditions of poverty and abandonment, have been directly affected by the cultivation, production and marketing of illicit drugs, influencing in the worsening of their marginality, inequality, and their lack of development.

That production and marketing of illicit drugs and criminal economies has had serious effects on the Colombian population, as much in the rural areas as in the cities, affecting the enjoyment and the practice of its rights and liberties. 

That cultivation, production and marketing of illicit drugs also have interfered, fed and financed the internal conflict.

That the institutions, both at the national and at the local level, have been affected in their integrity and performance by the corruption linked with drug trafficking.

That different sectors of the society have been committed directly or indirectly with the production and marketing of illicit drugs.

That all the above mentioned has contributed to undermine moral values and pacific co-existence and has constituted a factor that affects the possibility of moving forward in social inclusion and expanding democracy. 

That considering this situation, the end of conflict must represent an opportunity for building a joint and comprehensive solution to the problem of illicit drugs.

 

That as a consequence of all the previous, it is necessary to design a new vision that addresses the causes and consequences of this phenomenon, especially presenting alternatives that lead to the improvement of welfare and good living conditions for the communities in the territories affected by the illicit use of crops; that addresses the consumption with a public health approach and intensifies the struggle against criminal organizations dedicated to drug trafficking, including activities linked with illicit finances, assets laundering, trafficking  of precursors and the struggle against corruption, dismantling the whole value chain of drug trafficking.

That this new vision implies a search for evidence-based alternatives and providing a different and differentiated treatment of the consumption phenomenon, of the problem of the illicit use of crops, and of organized crime linked with drug trafficking. In that sense, new policies are required that reflect this new vision and the differentiated treatment.

That these policies must be ruled by the practices of the principles of sovereign equality and non-intervention in the internal affairs of other States and must ensure the coordinated action within the framework of international cooperation, insofar as the solution of the problem of illicit drugs is a collective responsibility of all States.

That these new policies will have a general approach of human rights and public health care, differentiated and gender-based, and must be adjusted over time, based on evidence, lessons on good practices and recommendations from experts and national and international specialized organizations.

That the elements of the public policies that address the phenomenon of drugs must have the flexibility needed to allow the incorporation of new knowledge that make them more effective and detect unwanted costs and damages.

That these new policies will provide a special treatment to the weakest links of the drug trafficking chain -cultivators and illicit drugs consumers-, and will intensify the efforts for dismantling criminal organizations. 

That in order to build sustainable solutions, guarantee citizen rights and non-repetition of the problem, the policy must have a territorial approach based on citizen participation and on the presence and strengthening of those institutions responsible for social attention and those responsible for security and protection of the communities, both with a human rights approach.

That the policy must maintain the recognition of the ancestral and traditional uses of coca leaves, as part of the cultural identity of the indigenous community and the possibility of using the illicitly used crops for medical and scientific purposes and other legal uses to be established.

That one aspect of the solution to the problem of illicit drugs is the definitive solution to the problem of the illicit use of crops, for which it is necessary to put into operation a new program that, as part of the structural transformation of the rural areas provided by the CRR, will contribute to create conditions of welfare and good living conditions for the populations affected by those crops.

That new options must be looked at, based on processes of substitution of illicitly used crops and the implementation of Comprehensive Plans of Substitution and Alternative Development that will be part of a new National Comprehensive Program for the Substitution of Illicitly Used Crops that will have a new institutional framework.

That a definitive solution is possible if it is the output of a joint construction between communities and authorities through participatory planning processes that start with the commitment by the Government to make the CRR and the Comprehensive Plans of Substitution and Alternative Development effective, and with the commitment by the communities to make progress in the processes of voluntary substitution. This commitment of the communities to voluntary substitution is a fundamental factor for the achievement of the goals.

That the solution to the problem of the illicit use of crops through the structural transformation of the territories and the creation of welfare conditions, implies that institutions and citizens apply and respect the principles and norms of the Social Rule of Law.

That the solution to the problem of the illicit drugs requires also addressing the issue of consumption, based on the commitment and joint work between authorities, communities and famil ies around a policy of health promotion, prevention, damage reduction, comprehensive attention and consumers’ social inclusion, with a differential and gender-based approach. 

That the definitive solution to the problem of illicit drugs requires intensifying the struggle against the criminal organizations dedicated to drug trafficking and asset-laundering, which will also contribute to the creation of necessary conditions for the implementation of the Agreement in the territories and to the building of a stable and long-standing peace.

That without undermining the limitations of the country for providing a definitive solution to a transnational problem, will pledge all the efforts in order to transform the conditions of the communities in the territories and ensure that Colombia be a country without illicitly used crops and without drug trafficking.

That in any case the definitive solution to the problem of illicit drugs is a dynamic process that must take into account the consensus of society and the international community, for which is necessary to open spaces of reflection and discussion that represent the feelings of the affected, including the communities.

That all the previous is only possible with the effective commitment of the Government and the contribution of the communities and the whole society -including the commitment of the FARC-EP- to contribute in different ways with the definitive solution to the problem of illicit drugs, which is an aim of the entire Colombian society.

That the above mentioned is only possible with the effective commitment of all:

• The commitment of the National Government to implement the policies and programs of this point, to decidedly intensify and face the struggle against corruption in the institutions caused by the problem of illicit drugs, and lead an effective national process in order to break definitely any kind of relationship of this scourge with the different spheres of public life.

• The commitment of the FARC-EP to effectively contribute with the definitive solution to the problem of illicit drugs, with the highest determination and through different ways and practical measures, and in an end-of-conflict-scenario, to end any relationship with this phenomenon that might have existed within the context of rebellion.

• The National Government and the FARC-EP manifest their solid commitment with the definitive solution to the problem of illicit drugs.

• The commitment of the society as a whole, including its different ways of political or social organization, to reject any relation with the problem of illicit drugs and the money from this business.

• At last, building a stable and long-standing peace means the disposition of all of us to contribute with the clarification of the relation between the conflict and the cultivation, production and marketing of illicit drugs and the laundering of assets derived from this phenomenon, so that drug trafficking will never threaten the destiny of the country again.

1. Substitution Programs

4.1. Programs for substitution of illicitly used crops. Comprehensive plans of development with participation of the communities in designing, executing and evaluating substitution programs and environmental recovery of the areas affected by those crops.

Within the framework of the end of the conflict and peace-building, and with the purpose of creating material and immaterial conditions of welfare and  good living conditions for the population affected by illicitly used crops, particularly for the peasant communities in situation of poverty who currently derive their subsistence from these crops, and in this way also find a sustainable and definitive solution to the problem of the illicitly used crops and to all the problems linked with them in the territory, the National Government will create and implement a new National Comprehensive Program for the Substitution of Illicitly used crops – NCPS.

The new National Comprehensive Program for the Substitution of Illicitly used crops will be the national competent authority, headed by the Presidency of the Republic, in coordination with departmental and municipal authorities, and will have a civil character without prejudice to its coordination with the State authorities required in order to guarantee its proper functioning, including those responsible for the security and protection of the communities, if necessary and according to the concept established by this agreement.

The NCPS will initiate a process of participatory planning to guarantee the active and effective participation of the communities in the decision-making process and in the joint construction of solutions. The FARC-EP, after the signing of the Final Agreement and in the terms to be agreed in the items 3 and 6 of the Agenda of the General Agreement, will participate in the Program and will contribute to the solution of the problems of the illicitly used crops.

The Program will contribute to the structural transformations of the rural society, result of the implementation of the Comprehensive Rural Reform (CRR), of which it is part, and to the implementation of the agreed mechanisms of citizen participation.
 
4.1.2. Principles
                                                              
To the extent in which the Comprehensive National Program for Substitution (NCPS) is part of the Comprehensive Rural Reform (CRR), it shall be governed by the following principles, in addition to the agreed principles of the CRR:

Integration to the Comprehensive Rural Reform (CRR): The NCPS is a component of the CRR. It attends specific populations and territories that require additional and particular measures with regard to the rest of the rural communities. The territories affected by illicitly used crops can coincide with prioritized zones where the Programs of Development with a Territorial Approach – PDTA, will be implemented; in this case, the measures and the implementation of the Program must be advanced within the framework of the Action Plan for the Regional Transformation of the respective territory. In cases in which the territories do not coincide with the PDTA's, comprehensive development plans, concerted with the communities, will be implemented if the territory is inside the agricultural frontier, or if it is not, the plans and programs of item 1.10.3 will be implemented with the purpose of closing the agricultural frontier. The integration also implies the interrelation, linking and articulation at the local, territorial and national levels. In this regard the NCPS will be integrated to the development plans at the different levels of territorial planning.

Participatory and concerted joint construction: The transformation of the territories and the alternatives for the communities affected by illicitly used crops, will start from the joint and participatory construction between these and the national, departmental and municipal authorities, from the solution to the problem of illicitly used crops and from the improvement of the conditions of poverty. The joint construction takes as a base the communities’ decision to abandon those crops and change to other economical activities through substitution. Consultation with the communities is priority for planning and establishing the implementation and control guidelines of the Program in the territory.

Differential approach in accordance with the conditions of each territory: the NCPS to be implemented will have a territorial approach in the defined terms in the CRR (item 1), that is, it must recognize and take into account the needs, characteristics, and particularities -at economic, cultural and social levels- of territories and rural communities, and guarantee social-environmental sustainability. The participatory character of the NCPS will allow the development of designs according with the social-economical specificity and nature of the problem as they exist in the national territory. 

Respect and application of the principles and norms of the Social Rule of Law and citizen co-existence: The achievement of the structural transformations of the territories that guarantee welfare and good living conditions of the communities affected by illicitly used crops and the transit to legal economies, implies the application and the respect  -from institutions and citizens- for the principles and norms of the Social Rule of Law, the strengthening of democratic values, citizen co-existence and the observance of human rights.

Voluntary substitution: Starting with the decision and the commitment of the cultivators to abandon the illicitly used crops, voluntary substitution is a fundamental principle of the Program, in order to create trust between communities and build conditions that allow to contribute to the solution of the problem of illicitly used crops, without detriment of the economical, social and environmental sustainability of the communities and territories. It implies measures to promote the voluntary substitution and define with the communities the substitution alternatives that are sustainable from an economical and social-environmental point of view, and appropriate to strengthen family economies, guaranteeing dignified living conditions. The aforementioned in the understanding that the substitution process and its sustainability requires support from the Government according to the agreed with the communities. (See the item on “Agreement with the communities” and “Participatory construction and development of the municipal and communitarian comprehensive plans of substitution and alternative development”). 

4.1.2. Objectives

The National Comprehensive Program for the Substitution of Illicitly used crops will be implemented within the framework and as part of the Comprehensive Rural Reform (CRR) and must fulfill the following objectives:

• Overcome the poverty conditions of the peasant communities, particularly the conditions of each family that is part of them, affected by the illicitly used crops, through the creation of welfare and good living conditions in the territories; and contribute to the structural transformations of the rural society resulting from the implementation of the Comprehensive Rural Reform and from the implementation of the components of item 2, “Political Participation”.

• Promote the voluntary substitution of the illicitly used crops, through the impulse of comprehensive municipal and communitarian plans of substitution and alternative development, designed jointly and with the direct participation of the communities involved.

• Create policies and productive opportunities for the cultivators through the promotion of associativity and solidarity-based economy; and create policies and working opportunities for leaf-collectors and amedieros linked with illicitly used crops, within the framework of the Comprehensive Rural Reform and with the possibility of choosing to be beneficiaries in the terms of its item 1.3. 

• Contribute to the closing of the agricultural frontier, the recuperation of the ecosystems and sustainable development, in the terms agreed in item 1.10 of the Comprehensive Rural Reform. With this purpose, the NCPS will support the development plans of the Peasant Reserve Areas -constituted and to be constituted- and also other forms of organization or association when they coincide with zones affected by illicitly used crops. As established by item 1, the Peasant Reserve Areas are agrarian initiatives that contribute to peace-building, to the guarantee of the political, economical, social and cultural rights of the peasants, to the development with socio-environmental and food sustainability and to the reconciliation of the Colombians. In consequence, the attention to the enshrined in the 1.10 item -particularly in 1.10.5- of the Comprehensive Rural Reform will be considered priority. 

• Strengthen the participation and the skills of the peasant organizations.

• Strengthen relations of confidence, solidarity and coexistence and reconciliation within the communities.

• Contribute to the fulfillment of the objectives of the System of food (sovereignty) security, according to the terms established in item 3.4 of the Comprehensive Rural Reform.

• Achieve that the national territory will be free of illicitly used crops, having in account the respect for human rights, environment and good living. (The redaction will be performed again at the end of the discussion of the item 4.1).

• Strengthen the institutional presence of the State in the territories affected by illicitly used crops, promoting the comprehensive development and the satisfaction of the rights of all citizens; guaranteeing security, coexistence and observance and protection of human rights; and ensuring the provision of infrastructure, public services, education, communication access, among others, so that the respect and application of principles and norms of the Social Rule of Law will be ensured. The security in the territories affected by the illicitly used crops will be guaranteed, taking into account the foundations and guarantees embodied in the Final Agreement and the compliance of the principles and obligations that inspire a Social Rule of Law.

• Strengthen the management capacities of the communities and their organizations, through their direct participation in the elaboration, implementation, follow-up and evaluation, and in the citizen control and oversight of the NCPS, developing the principle of participatory and concerted joint construction between communities and authorities.

• Ensure the sustainability of the NCPS in the territories as guarantee for the definitive solution of the problem of illicitly used crops through a continuous and persistent intervention of the State, which must be manifested in welfare and good living conditions for the communities; and through the participation and commitment of all, including the FARC-EP after the signing of the Final Agreement and in the terms to be agreed within the framework of item 3.2. of the General Agreement.

4.1.1. Description and elements of the National Comprehensive Program for the Substitution of Illicitly used crops

The National Comprehensive Program for the Substitution of Illicitly used crops will be a special chapter of the Comprehensive Rural Reform (CRR) considered in the present Agreement and will respond to the particular needs of the territories affected by illicitly used crops.
 
In this framework and in accordance with the principles and objectives of the Comprehensive Rural Reform, the NCPS will contribute with creating the conditions that will allow the cultivators of illicitly used crops to have the opportunities to definitively untie themselves from this activity; and all the inhabitants of the areas affected by the illicitly used crops to enjoy welfare and good living conditions.

With this purpose, the NCPS is complemented and integrated with the agreed plans and programs of the Comprehensive Rural Reform of item 1 on access and formalization of property, land adequacy, housing, technical assistance, incentives to those economies based on solidarity and cooperation, subsidies, revenue creation and credit, marketing, programs for state purchases, and also the provision of public goods and services.

The NCPS will promote the voluntary substitution of the illicitly used crops through the impulse of municipal and communitarian comprehensive plans of substitution and alternative development within the framework of the Comprehensive Rural Reform, designed in a concerted way and with the direct participation of the involved communities.

Women’s participation in planning, implementation, follow-up and evaluation of the comprehensive plans for substitution and alternative development, will be guaranteed.

With the purpose of strengthening the NCPS’ capacities and contribute to its effectiveness in the fulfillment of the objective of creating welfare and good living conditions for the population affected by illicitly used crops and ensure a definitive solution to the problem of illicitly used crops, the NCPS could links community leaders.

The forms of participation and contribution of the FARC-EP will be defined in the discussion of the items 3 and 6 of the Agenda of the General Agreement.

The National Comprehensive Program for the Substitution of Illicitly used crops will have the following elements:

4.1.3.1. Conditions of security for communities and territories affected by illicitly used crops:

In addition to creating conditions for the satisfaction of the economic and social rights of the population and for comprehensive development, the NCPS sustainability and the fulfillment of its objectives requires -at the same time- the supply of guarantees and conditions of security for communities and territories affected by illicitly used crops, through the strengthening of the institutional presence of the State and its capacities to protect the communities, especially regarding any type of coercion or threat, and its capacities to interdict and prosecute the territorial networks of drug trafficking, according to the conception of security shrined in the Final Agreement.

The protection of the communities, the guarantee of the right to life and the welfare of the rural population requires also to ensure the demining process, for which the National Government, after the signing of the Final Agreement and within the framework of its implementation, will start a program for demining and cleaning of the areas of the national territory that are affected by the location of anti personnel mines and unexploded munitions.

This is a joint goal to which Government and FARC-EP will contribute through different means and according to what corresponds to each one, including the supply of information, in the terms for be agreed in the Final Agreement and as part of the mutual commitment to the end of the conflict and the construction of a stable and long-standing peace.
 
The above without detriment of the agreements to be made on satisfaction of the right of the victims.

This commitment especially involves the territories where the NCPS will be implemented.

4.1.3.2. Agreements with the communities:

An unquestionable basis of the definitive solution to the problem of illicitly used crops is its voluntary and concerted character and, thus, the manifested will of the communities to transit alternative paths to those of the illicitly used crops, and the Government’s commitment to generate and guarantee dignified living and working conditions in order to achieve welfare and good living conditions. With the purpose of formalizing this commitment and the decision of substituting the illicitly used crops, agreements will be made between communities, the National Government and the territorial entities before starting the Program in a territory.

The agreement includes the formalization of the commitment by the communities to voluntary and concerted substitution, non-replanting, the full commitment to neither grow nor be involved in activities linked with illicitly used crops or participate in the illegal marketing of its derivative raw materials, and also the formalization of the Government’s commitment with the implementation of the immediate attention plan and the implementation of the process of participatory and concerted joint construction of the municipal and communitarian comprehensive plan of substitution and alternative development.

In the agreements with the communities, the time schedule for the fulfillment of the commitments by the Government and the communities within the framework of the process of substitution will be defined.

Within the framework of subscription of the agreements with the communities within the NCPS, in those cases in which cultivators do not manifest their decision to substitute the illicitly used crops or breach their commitments without being unforeseeable circumstances or force majeure, despite of the efforts of the Program and the communities to persuade them, the Government will proceed with manual eradication, after a process of socialization and information with the communities.
 
In the cases in which there is no agreement with the communities, the Government will proceed with the eradication of the illicitly used crops, prioritizing manual eradication wherever possible, taking into account the respect for human rights, the environment and the good living conditions. The FARC-EP considers that in any case, the eradication must be manual.  

4.1.3.3. Prioritization of territories:

The NCPS will have a national scope, but its implementation will start in the prioritized territories in accordance with the following criteria:

• prioritized zones within the framework of the DPTA, attending to the principle of integration to the Comprehensive Rural Reform;

• density of the illicitly used crops and of the population;

• National Natural Parks;

• cases in which those communities that are not included in the territories mentioned in the previous criteria have chosen the differential criminal treatment. For these cases, special measures of assistance will be taken, in coordination with regional and local authorities, including access to the programs of Governmental social assistance, without detriment of the possibilities to access the national plans agreed within the framework of the CRR and of being beneficiary in the established terms in the item 1.5 of the CRR.

In the places where the substitution plans do not coincide with the DPTA's, the communities will benefit from the national plans of the CRR and special programs by the departmental and municipal authorities, in coordination with the NCPS.
 
4.1.3.4. Differential criminal treatment:

Within the framework of the end of the conflict and because of its contribution to peace-building and to the most effective use of the judicial resources against criminal organizations linked with drug trafficking and from a comprehensive point of view on the definitive solution to the problem of the illicitly used crops, which have a multi-causal origin, including social causes, the Government commits to process the legal adjustments needed to allow renouncing to criminal measures or proceeding with the extinction of the criminal sanction against small peasants that are or have been linked to the cultivation of illicitly used crops when, within a term of two years, counted from the effective date of the new law, they formally express before the competent authorities their waiver of growing or maintaining illicitly used crops.

The voluntary waiver of the illicitly used crops and to the permanence in this activity, can be done in an individual way, or within the framework of the substitution agreements with the communities.

4.1.3.5. Participatory construction and development of the municipal and communitarian comprehensive plans for substitution and alternative developments (CPSAD):

Considering the political, economic, social, environmental and cultural character of the problem we face and the derivative effects of the lack of development in rural zones, the illegal economy and the violence linked with the illicitly used crops, the broadest possible participation of the communities is required, including those who are directly involved with the cultivation, in order to formulate, implement and follow up the CPSAD, fulfilling the objectives of the NCPS. To these effects and to strengthen local democracy, the municipality and its authorities must play a fundamental role, together with the communities.

This process of participatory planning of the communities, together with the National Government and the local authorities, must have as an outcome the formulation and implementation of the comprehensive substitution plans so that a structural transformation of the territory will be achieved and, in this way, the definitive solution to the problem of the illicitly used crops.

Communitarian assemblies:

With the purpose of implementing the participatory planning process from below, the communitarian assemblies will be supported and strengthened, and other follow-up bodies will be created at the municipal level and at the communitarian assemblies.

The communitarian assemblies are the basis of the participatory planning process. This begins with the formulation of a proposal, containing a comprehensive vision of the territory and identifying necessities, opportunities and priorities, within the framework of the NCPS and according to its contents. The communitarian assemblies will be conformed by all the communities of the affected zone, including the producers of the illicitly used crops, and will guarantee the effective participation of women in those spaces. In each municipality, according with the characteristics of the territory and the population, the necessary assemblies will be conformed together with the communities, specifying their territorial field.

The participatory construction of a comprehensive view on the territory requires firstly the elaboration of a proposal based on a collective diagnosis that allows establishing the social, economic and environmental characterization of the territory, the needs of endowment of physical, social and institutional infrastructure, the prioritization of the projects that respond to these needs, the productive capacities and the identification of areas with illicitly used crops and their disposition in the territory.

The NCPS, as the competent national authority, will define and initiate a methodology of participatory planning, which will be guided by the building methodology of the DPTA and must reflect the contributions of the assemblies. The NCPS will provide technical assistance to the communities in the process of building the comprehensive view and the proposal, identifying the projects and priorities, in coordination with the municipalities.

Municipal and communitarian comprehensive plans for substitution and alternative development              
The different proposals of the communitarian assemblies will be the base for the construction of a municipal comprehensive plan for substitution and alternative development for the zones affected by the illicitly used crops, which will be elaborated and implemented with the active participation of the communities, including their territorial social organizations. Within the framework of the municipal plan and taking into account the proposals of the respective assemblies, the communitarian plans will be elaborated, which will be comprehensive part of the municipal plan. Both plans will be built between communities, national, departmental and municipal authorities and the NCPS as the competent national authority.

To ensure the integration, prioritization, validation and articulation of the different proposals of the assemblies in a municipal plan for substitution and alternative development, the NCPS must create municipal commissions of participatory planning with the national, departmental and municipal authorities related to the implementation of the NCPS and with the delegates elected by the communitarian assemblies.

The municipal plan that integrates the communities’ proposals and will be constituted by the communitarian plans, will be the basis for the implementation of the NCPS as well.

The main bodies of participatory planning at the local level are the communitarian assemblies and the municipal commissions of participatory planning, of which the delegates to the assemblies are structural part. The structure and contents of the plans will be built from below, from the communitarian assemblies level, with the NCPS methodology and the necessary technical assistance that takes into account the local technicians and those suggested by the communities. As for the construction of the municipal plan, the methodology will ensure the broadest possible participation and inclusion and also it should faithfully reflect the proposals of the assemblies, the maximum possible consensus and the optimization and highest equity possible in the use of resources. The NCPS will have direct interlocution with the communities for the definition and implementation of its guidelines.

The municipal plan resulting from the participatory planning process within the framework of the municipal commissions will be adequately disseminated in the communitarian assemblies in order to guarantee its understanding and social appropriation.

The communitarian assemblies will elect their delegates, and if considered necessary, could constitute them in boards, committees, councils or any other form of organization decided through election, to participate in the municipal commissions of participatory planning and in the councils for evaluation and follow-up of the plans for substitution and alternative development, and to facilitate the coordination between the assemblies and the NCPS authorities. The delegates will render account of their measures and activities before the communitarian assemblies they represent.

For the implementation of the substitution plans, the contract of communitarian organizations will be privileged and the employment generation in the areas of NCPS application will be promoted, so that the social and communitarian organizations, the cooperatives, will be strengthened and associativity based on solidarity and technical training will be promoted.

The substitution plans will be integrated to the municipal, departmental and national development plans.

Integration with the DPTA

In the cases in which the NCPS coincides with the zones prioritized by the Development Programs with Territorial Approach (DPTA), the necessary integration of the substitution plans and the action plan for regional transformation will be done attending the participatory methodology established within the framework of what has been agreed in item 1 for the construction of the action plans for regional transformation. In the methodology, the effective participation of the delegates of the communitarian assemblies will be guaranteed, and consensus will be fundamental for the decision-making process.
                                                                            •Follow-up and evaluation

The follow-up and evaluation of the implementation and compliance of the communitarian plans will be carried out together with the authorities, within the framework of the communitarian assemblies, and will serve as a basis for the follow-up and evaluation at the municipal level with the participation of the delegates of communitarian assemblies.

The follow-up and evaluation of the implementation and compliance of the municipal plans will be performed periodically within the framework of the municipal councils of evaluation and follow-up of the plans for substitution and alternative development, that will be integrated by the delegates of the communitarian assemblies and by the national, departmental and municipal authorities that deal with the development of the NCPS. The Council may invite other social and economic sectors of the municipality like rural and peasant organizations, businessmen and -women, churches, the academy and non-governmental organizations.

The councils and communitarian assemblies will be spaces for the NCPS, the authorities and the communities that implement projects to render account.

* The form of international accompaniment will be discussed within the item 6.
* The participation of the FARC-EP will be defined in the discussion of items 3 and 6 of the Agenda of the General Agreement.
* The accorded in this agreement will be implemented without undermining the commitments acquired by the Government and the authorities with the communities and their organizations, within the framework of spaces for direct communication, in which their due compliance has been agreed. (Agreed paragraph and pending for location).   

4.1.3.6. Components of the integral plans for substitution:

Given the particular conditions of the communities especially affected by illicitly used crops, the comprehensive plans for substitution in these communities will include, besides projects for the implementation of the National Plans agreed in item 1 (land adequacy, road and communication infrastructure, social development, technical support, credit and financing, marketing, state purchase, etc.) if appropriate, the following components:

Immediate care plan and development of productive projects.

Once the commitments to the substitution and the non-replanting of illicitly used crops have been made, and with the aim of facilitating the transition of the cultivators, collectors and amedieros to licit economies through measures of immediate support to guarantee their livelihood and the food security of the families; and ensure, for the cultivators, collectors, amedieros and for the communities in general, incomes and welfare and good living conditions through the structuring  of long-term sustainable productive projects, the following measures will be implemented:

1. For the families of the cultivators linked with illicitly used crops:

• Immediate food assistance consisting of the direct delivery of food up to (*Government's proposal: 6 months; FARC-EP's proposal: 2 years), according with the size of each family nucleus, its characteristics and the needs of each population and region, and the development of the projects for income creation. Local providers will be prioritized for food supply and associativity based on solidarity will be promoted so that the communities arrange its supply.

• Establishment of house orchards and provision of minor species with its due technical support, provision of inputs and food for the animals, according to the preference of each family nucleus.

• Projects of quick income generation, like short-cycle crops, fish farming, poultry farming, among others, with their due technical support, aimed at supplying the immediate needs of the families and substitute in a timely and sufficient manner the incomes that came from the illicitly used crops before, according with the preference of each family nucleus and the conditions and potential of the zone.

At the same time and together with the cultivators and small producers of the territory, productive projects with a long-term vision will be structured, within the framework of the Comprehensive Rural Reform -CRR- process, ensuring better incomes and dignified living conditions to the families. Food production will be prioritized and the creation of added value and productive links with the aim of covering in a first instance the demand of the communities, but also national or international market niches. In addition to the agriculture and livestock activities, handcrafted, industrial and services economic activities will be promoted, especially those which generate added value to the products of the communities and others with communitarian interest according to the territories’ potential, with the aim of offering access guarantees to incomes and dignified work for the peasant communities particularly affected by the illicitly used crops. Special measures will be implemented to promote cooperativism and an economy based on solidarity. These activities must be guided by the principles considered by the CRR, especially environmental sustainability, welfare and good living conditions, and, if appropriate, contribute to the closure of the agriculture frontier and to environmental recovery. In the case of amedieros or aparceros who are settled and choose to stay in the region, they will be offered the same kit of immediate assistance.

2. For the collectors the measures include:

• Immediate food assistance for collectors that live in the territories where the NCPS is implemented: this consists in the direct delivery of food to each family nucleus , up to (*Government's proposal: 6 months; FARC-EP's proposal: 2 years), according to the characteristics of each population and region.

• Options of temporal employment for the settled and non settled collectors in the region: the identification of community works and other sources of employment that arise within the framework of the implementation of the Comprehensive Rural Reform -CRR, that links, as a priority, members of the collectors’ families. The above without prejudice of the possibility to choose being a beneficiary in the terms of the item 1.3 of the CRR.

The universe of the settled and non settled collectors, and the settled amedieros that live in the region, will be those recognized by the census of the communitarian assemblies and the NCPS in a participatory manner.

3. For the community in general:

• Early childhood: with the aim of facilitating the access to job opportunities for women head of household and contribute to the food security of the early childhood, in the villages affected by illicitly used crops, a rural childcare program will be developed.

• School population: with the aim of improving food security for the children in school age and promote their attendance at school, a program will be developed for the construction and endowment of school feeding centers and food supply in order to guarantee breakfasts for the entire school population of the territories affected by illicitly used crops, without prejudice of the agreed in item 1 within the framework of the Special Plan for Rural Education, especially the shock plans of sub-paragraph “d” of item 3.4, System of food (sovereignty) security.

• Generation of employment options: information mechanisms will be created to facilitate access to job opportunities that arise within the framework of the implementation of the CRR, particularly from the comprehensive plans for substitution and alternative development, that allows the communities living in the territories affected by illicitly used crops to identify and access available jobs.

• Elderly people: implementation of programs against famine for elderly people within the framework of the System of food (sovereignty) security agreed in the item 3.4. of the Comprehensive Rural Reform.

• Programs will be implemented for overcoming poverty and income generation.

• The realization of health brigades of basic attention will be promoted, without prejudice of the established in the item 2.8.1 “National Plan of Rural Heath”.

• Viability and sustainability of the productive projects of substitution of illicitly used crops requires the implementation - by the Government - of the plan referred to in item 3.3. of the CRR on stimulation of solidarity and cooperative economy, technical assistance, subsidies, income generation and credits, and marketing.

The NCPS’ measures of support will be conditioned to the fulfillment of the list of commitments made by the cultivators within the framework of the substitution and non-replanting agreements. The above, considering that the process of substitution and its sustainability require the support of the Government in the agreed terms with the communities. The voluntary waiver of the illicitly used crops and of the permanence in that activity may be individually or within the framework of voluntary substitution pacts or agreements with the communities. In any event there should be a full commitment of not cultivating or being involved in activities related with the cultivation, or participating in the illegal marketing of the raw material derived from the illicitly used crops.

Works of social infrastructure with rapid implementation

With the aim of answering timely to the needs of the communities, social infrastructure with rapid implementation will be defined in the plans. This infrastructure will be prioritized by the communities and includes, among others, tertiary roads, improvement to schools, health centers and communitarian houses, without prejudice of the implementation of other infrastructure plans and programs within the framework of the CRR.

Sustainability and environmental recovery component.

With the aim of contributing to the closure of the agricultural frontier and enable environmental recovery processes, especially in the municipalities adjoining zones of special environmental interest, the plans will have a component of sustainability and environmental protection that will include, among others:

• Measures of recovery and adequacy of soils for the establishment of licit crops.

• Measures for the mitigation of the environmental damage in zones of special environmental interest, fragile ecosystems and vulnerable hydrography and for the recovery of the forests.

• Environmental protection and productive projects, environmentally sustainable, in special zones of environmental interest, like for example forestry and pastoral projects and other programs referred to in item 1.10.3.

Property formalization plan

With the aim of promoting land access and boost the process of substitution of the illicitly used crops, in the areas where the commitments acquired by the cultivators with the NCPS are fulfilled, the formalization processes will be accelerated according to the terms indicated by item 1.5 of the CRR. The Government will adapt the regulations to allow the adjudication to this type of beneficiaries.

Plans for remote zones and with low concentration of population

In areas of sparse population, and which because of their location and distance are hard to access, impeding the provision of goods and services for the welfare and good living conditions of the population and its territorial integration, special measures will be taken for the substitution of the illicitly used crops, the recovery of ecosystems, the creation of new employment opportunities related to fluvial transport, environmental recovery programs, protection of forest and wildlife, etc. The above without prejudice of relocation alternatives of the settled communities in order to improve their living conditions.

Time schedules, goals and indicators.

The comprehensive plans for substitution and alternative development, as well as the Agreements, must include implementation timetables with aims and indicators, including the commitments made by the community that allow to measure the impact of the projects on the welfare conditions of the communities and to monitor the plan.

4.1.4. Implementation of the National Comprehensive Program for the Substitution of illicitly used crops in National Natural Parks – NNP.

To resolve the problem of the presence of illicitly used crops in the NNP, and guarantee the welfare and good living conditions of the communities and the preservation and conservation of the NNP, mechanisms of direct communication with the communities will be established, in order to build agreements for the eradication of the crops, guaranteeing control, restauration and effective protection of these areas.

For this effect, the starting point will be the agreed in item 1.10 and in particular in item 1.10.3 of the CRR.

4.1.5. Communication strategy

A communication strategy will be launched to promote the substitution agreements, motivate the communities and generate confidence for the participation in the joint construction of the municipal and communitarian comprehensive plans for substitution, which should contribute to the improvement of the living conditions and to the definitive solution to the problem of the illicitly used crops; it should also highlight the commitments by the Government and the FARC-EP to contribute and support this purpose. The diffusion of the NCPS and of the communitarian participation mechanisms in the different phases will be done directly through communitarian meetings and indirectly through the media, especially communitarian and local media.

4.1.6. Financing

The NCPS’ budget will be spent in conformity with the established in the immediate care plan and in the municipal and communitarian comprehensive plans for substitution and alternative development and the guarantee of their efficient, effective and timely implementation should be sought.

* The commitment to the financing of this Program will be discussed within the framework of item 6 of the Agenda of the General Agreement.


                Amediero: settler who cultivates and shares the products with the owner of the land.

                There can not be more than one member of the collector family’s nucleus that receives the direct food assistance for his/her family. The family nucleus can be composed by only one person.

2. Programs Consumption

4.2. Programs for the Prevention of Consumption and Public Health

The consumption of illicit drugs is a phenomenon of a multi-causal nature, produced by economic, social, family and cultural conditions of the society or the environment in which people live and it must be approached as a public health affair. The solution requires commitment and joint action between the authorities, the community and the family around a policy for health promotion, prevention, comprehensive attention and social inclusion, with special focus on children and teenagers.

Measures in this field must be built in a democratic and participatory way, involving the whole society and particularly the social agents specialized in the field.

The policy regarding the consumption of illicit drugs must be a priority and a State policy that requires, among others, the strengthening of national and territorial capacities, within the framework of a system of social protection and the correspondent allocation of resources.

4.2.1. National Program of Comprehensive Intervention regarding Illicit Drugs Consumption:

The Government will create the National Program of Comprehensive Intervention regarding Illicit Drugs Consumption as a high-level body, to articulate the institutions with competence in the field and coordinate a participatory process of review, adjustments and implementation of the policy regarding consumption.

4.2.1.1. Principles:
 
The national policy regarding illicit drugs consumption will be guided by the following principles:

Human rights approach: measures for preventing and overcoming the consumption, as well as mitigating the risks and damage, must be framed within the respect and effective enjoyment of the person’s rights, which implies -among others- the non-stigmatization or discrimination of the consumers, and their non-prosecution because of consumption.

Public health approach: measures regarding the consumption of illicit drugs must be   comprehensive, effective and sustainable in time, and include the promotion of healthy life styles and conditions, prevention, treatment and rehabilitation, starting from the identification of the health needs of the population.

Differential and gender approach: within the framework of respect for human rights, so that the measures that will be implemented regarding consumption will respond to the realities of the consumers and will be effective and sustainable, it is necessary to have a differential approach, defining the most vulnerable population according to age, gender, social-economic conditions and geographical location, among others.

In any case, the measures taken will respect the ancestral use of the coca leaves by indigenous communities.

Communitarian participation and coexistence: in order to achieve the highest possible effectiveness of the measures taken in the field of illicit drugs consumption, there must be a communitarian participation in the construction and implementation of the solutions that will allow to create solid links between the people and their community.

Based on evidence: measures taken in the field of illicit drugs consumption must be evidence-based, founded on validated and tested knowledge.

4.2.1.2. National Care System for Illicit Drugs Consumers:

With the aim of improving the care for the consumers that require progressive treatment and rehabilitation, the National Government will design and implement a National Care System for Illicit Drugs Consumers that includes complementary measures of rehabilitation and social insertion.

4.2.1.3. Revision and participatory adjustment of the public policy facing illicit drugs consumption:

The Program will coordinate the participatory reformulation of the policy regarding consumption, focused on the promotion of health care, prevention and overcoming of consumption, as well as on the mitigation of risks and damage, starting with the evaluation and revision of the measures implemented until now and taking into account the specificities and focalizing needs according to groups of age, gender, social-economic condition and geographical location.

In order to guarantee the review and participatory adjustments of the policy regarding consumption based on the aforementioned principles, the Government will create a national body with representatives of the authorities with competence in the field, scientific institutions, specialized centers, parents’ association, religious communities and consumers.

For the fulfillment of its task, this body must take into account:

• The review and evaluation of the policies and strategies developed at the national and local level in matters of prevention and overcoming of consumption, as well as the mitigation of risks and damages, with the participation of the communities and experts in the field.

• Territorial analyses on illicit drugs consumption, in coordination with departmental and municipal authorities that allow identifying and contextualizing the problem, risks, vulnerabilities, tendencies, consequences and new dynamics of the illicit drugs consumption.

• The international and national existing experiences and the recommendations issued by international organisms. 

4.2.1.4. Participatory action plans with a territorial and population approach

Based on the territorial policy and analyses on illicit drugs consumption, the Program will promote the development of local authorities’ capacities and will support them in the participatory formulation and implementation of departmental and municipal action plans on consumption, according to the particularities of the territories and the different population groups.

These plans will contain as a minimum:

• Measures for evidence-based promotion of health care and prevention of consumption, that should respond to the particularities and risk levels of each territory, allowing the strengthening of the protection factors (self-esteem, conflict solution, free time management, strengthening of the family nucleus, promotion of the school attendance, healthy lifestyles, development of cultural and sport skills and leisure activities) regarding the identified risks. It will provide special attention to prevention in children and teenagers.

• Measures for strengthening the communities, with the aim of contributing to the promotion of health care and prevention of consumption.

• Measures for supporting and strengthening the leadership processes of the youth with the aim of impacting positively on diverse scenarios (schools, clubs, neighborhoods, etc.).

• Special prevention programs at the different levels of educational institutions that will extend to urban centers and rural areas, involving directors, teachers, parents and students through comprehensive education measures.

• Evidence-based measures of damage reduction, aimed at minimizing the negative impact of drug consumption in consumers, their families and communities, prioritizing the most vulnerable populations like street inhabitants, women and prison population.

• Measures for sensitize and guide the communities and institutions in order to prevent consumers’ stigmatization.

• Measures for broadening and improving access and offer in health care and qualified assistance for consumers, including the treatment and rehabilitation, taking in account, among others, the gender approach.

4.2.1.5. Evaluation and follow-up of the measures regarding consumption.

With the aim of advancing a permanent monitoring of the measures promoted in the matter of consumption and evaluate their impact and establish new needs, the Program will design and implement a follow-up and evaluation system.

This system will count with participatory follow-up and evaluation bodies at the municipal and departmental levels, integrated by the authorities, scientific institutions, specialized centers, educative institutions, parents’ associations, religious communities, social organizations, experts, consumers, among others.

4.2.1.6. Knowledge generation on illicit drugs consumption.

With the aim of having enough and updated information on promotion of health care, prevention and comprehensive care of illicit drugs consumption that contributes to decision-taking and serves as an input for the design, implementation, follow-up, evaluation and adjustments of the evidence-based policy, the following measures will be taken:

• Carry out research and specialized studies related to the illicit drugs consumption that includes a differential, gender and age approach.

• Carry out periodically, in coordination with the departmental and municipal authorities, territorial analyses on illicit drugs -natural and synthetic- consumption, that allow identifying and contextualizing the problems, risks, vulnerabilities, tendencies, consequences and new dynamics of illicit drugs consumption.

• Create diffusion mechanisms of the information on illicit drugs consumption, considering the different target audiences.

*The commitments on the financing of this Program will be discussed within the framework of item 6 of the Agenda of the General Agreement.


                Comprehensive attention includes treatment, rehabilitation and damage reduction.

3. Production & Marketing

4.3. Solution to the phenomenon of production and marketing of narcotics:

The problem of illicit drugs is a transnational problem whose solution implies taking action simultaneously both inside the country and in coordination and with the commitment of the international community.  

Within the framework of the end of the conflict, both in order to facilitate the implementation of the agreements and, in general, to confront the challenge of organized crime linked with drug-trafficking and asset laundering, it is necessary to initiate policies and programs in order to deactivate the factors and mechanisms that stimulate and maintain the problem of the production and marketing of illicit drugs, making profit with it. The main goal is to dismantle the criminal organizations committed with this scourge, including the networks dedicated to asset laundering.

We aspire to a country free of drug-trafficking, which should be a joint purpose for all of us and implies transformations in the political and institutional sphere and in the society as a whole, with the purpose of consolidating a culture based on values anti-drug-trafficking, and anti-asset laundering that allow us to eradicate and overcome the impact of this phenomenon.

At last, the construction of a stable and long-standing peace implies addressing the issue of clarifying the relationship between the production and marketing of illicit drugs and the conflict, including the relation between paramilitarism and drug-trafficking, and the willingness of all to contribute to this clarification.

4.3.1. Effective judicialization:

As part of the commitment for the intensification of the struggle against organized crime and its support networks (item 3.4. of the General Agreement) within the framework of the end of the conflict and with the aim of protecting both the communities and the proper development of the NCPS and the implementation of the agreements in the territory from the menace of organized crime, and in general of dismantling the networks of these organizations, the National Government will initiate a criminal policy strategy, parallel to the implementation of a comprehensive strategy for the struggle against corruption, that strengthens and qualifies the institutional presence and effectiveness and concentrates its capacities of research, judicialization and sanction of the crimes linked to any criminal organization or group related with the production and marketing of illicit drugs, always considering the differentiated treatment to be given to the peasants and rural inhabitants linked with the exploitation of illicitly used crops.

On the other hand, the National Government will impulse the qualification and strengthen the capacities for the effective judicialization of the members, especially the most responsible ones, of the criminal organizations through the design and implementation of a national strategy, including regional strategies that allow the strengthening and articulation of bodies and mechanisms of research and judicialization of the criminal networks linked with drug-trafficking, with the following measures:

• Creation of inter-institutional groups to carry out structural research with mechanisms for recognizing and understanding the local, regional, national and transnational dynamics of the crime in all its dimensions and prevent the emergence of new groups dedicated to organized crime, in tight coordination with other State organisms and considering the contribution of specialized centers, the academy and citizens in general, and its different organizational forms as part of a comprehensive strategy. 

• Strengthening and expansion of the regional and international cooperation for identifying networks, marketing systems and routes of the criminal organizations dedicated to drug-trafficking.

4.3.2. Strategy against the actives involved in drug-trafficking and asset laundering.

With the purpose of comprehensively overcoming the phenomena of the production and marketing of illicit drugs and eliminating the factors that stimulate the illicit economies and provide the resources of the organized crime networks, allow illicit profit, constituting a factor of corruption and disturbing the co-existence of citizens, and also with the aim of contributing to peace-building, the National Government will implement a strategy for decisively prosecute the goods and actives involved in drug-trafficking and prevent and control asset laundering. This strategy will implement, among others, the following measures:

Identification of the value chain of drug-trafficking: the National Government will carry out a mapping process of the crime, at all levels including the regional, that will allow identification of the financing systems of the criminal organizations, the use of these resources, the financiers, the national and international asset laundering strategies, typologies and channels of money laundering, goods acquired with these capitals and the figurehead networks of the criminal structures and their penetration level in the State and its institutions. Therefore, a group of national and international experts specialized in the field will be created. Experts will provide recommendations and will make a public report on the illicit finance networks, their functioning and their impact on national life.

Legal adjustments and qualification and strengthening of the institutional capacities for detection, control and report of the illicit financing operations: the National Government will conform a commission of national and international experts, including academics and researchers, as well as workshops at the territorial level, with the aim of developing a new Statute for the prevention and struggle against illicit financing that allows, among others, to adequate where necessary, or to define and articulate the legality referred to this matter, emphasizing on prosecution of the strong links of drug-trafficking, like those organizations dedicated to production, marketing and asset laundering. The legal norms will extend to all the sectors that are at risk of being used for asset laundering. The commission will consider the results of the crime mapping exercise.

Research bodies: the National Government also will promote the qualification and strengthening and where necessary, the redesign or creation of research bodies, supervision or control of financing and asset laundering that allows to identify the financing systems of the networks of organized crime linked with drug-trafficking and its dynamics, according to the value chain in the local and national level and its links with the international level. The responsible of these research bodies will make periodic and public reports of accountability on their management.

Culture against asset laundering: the National Government will initiate a new national campaign that promotes values, alerts on new laundering modalities and encourages citizen participation and capacity in the spirit of item 2 of the General Agreement, in order to exercise control and inspection regarding corruption linked with money laundering and irregular or suspicious operations, with the aim of preventing population and institutions to be used for money laundering.

Strategy for the effective implementation of the extinction of ownership: the National Government will implement a new strategy in order to guarantee the effective application of the extinction of ownership, including the resources and legal and institutional adjustments needed for qualifying and strengthening the capacities of the State’s competent bodies on identification of actives, research and judicialization, that will be accompanied by the implementation of a comprehensive strategy of struggle against corruption.

In addition, the National Government, through the necessary legal and institutional adjustments, will guarantee a transparent and efficient administration of the goods in extinction process and will promote the destination of goods and capitals that are being object of extinction, supporting the plans and programs contemplated in the Final Agreement. 

4.3.3. Inputs control:

The National Government will review and establish strict State controls on production, import and marketing of chemical inputs and precursors required for the production of illicit drugs, accompanied by the strengthening of the vigilance and control capacities by the State. Laws and mechanisms will be established that commit producers, importers and marketing companies to adopt transparency measures and controls on the final use of inputs. With the aim of not affecting licit productive activities, special protocols will be designed, allowing the identification of uses, frequencies and places of the demand for inputs.

4.3.3. Strategy for struggle against corruption

Within the framework of the comprehensive strategy for struggle against corruption (item 3.4. of the Agenda of the General Agreement), a specific strategy will be developed for the struggle against corruption linked with drug-trafficking, taking into account the results and recommendations of the convened group of experts to do the mapping process of the value chain of drug-trafficking.
In a parallel way to the struggle against corruption, the institutional capacities will be qualified and strengthened.

The strategy should include the establishment of inter-institutional specialized groups, with the aim of attacking the different expressions of corruption and its responsible and contribute to the institutional performance.

4.3.5. International Conference and regional dialogue spaces

Within the framework of the end of the conflict and with the aim of contributing to the definitive overcoming of the problem of illicit drugs, the National Government will promote an International Conference within the framework of the United Nations in order to reflect, carry out an objective evaluation of the policy of struggle against drugs and advance in the construction of consensus on the necessary adjustments to be made, taking into account the international discussions and new developments on the matter, as well as the perspective of the producer and consumer countries, especially the experiences and lessons learned in Colombia and identifying good evidence-based practices.

The National Government will promote in this space a discussion on the commitments and responsibilities and in general the joint responsibility of producer and consumer countries in seeking a solution to the problem.

The National Government will convene spaces of dialogue and reflection at the national and local level for the promotion, preparation and performance of the International Conference and of the regional scenarios.

*The time schedule will be discussed within the framework of item 6.

4.3.6.Within the framework of the discussion of item 5.2. of the Agenda of the General Agreement, the mechanism will be established that - among others - should address the issue of the clarification of the relation between production and marketing of illicit drugs and the conflict, including the relationship of paramilitarism with drug-trafficking (aspect of item 3.7 of the Agenda of the General Agreement).

Pending points of solution to the problem of illicit drugs

For the FARC-EP, the pending issues related to point 4 "solution to the problem of illicit drugs" in the Agenda of the General Agreement are the following:

1. New criminal policy.

In the process of re-defining the drug policy, we must proceed with the design of a new criminal state policy, to focus its efforts on the persecution and imprisonment of the main beneficiaries of the illicit drug market, as well as on dismantling transnational networks of trafficking and money laundering. The FARC-EP insists on the creation of the "Commission for the design of a democratic and participatory national drug policy", with working groups of scholars and experts who should formulate general guidelines for the new criminal state policies on this matter.

2. Immediate suspension of aerial spraying with glyphosate and full reparation for its victims.

The FARC-EP considers that in development of the general guidelines for the new drug policy, we must proceed with the immediate suspension of aerial spraying with glyphosate, or any other chemicals, and full reparation for its victims. This implies:

• Identification of the victims of aerial spraying with chemicals.

• Comprehensive reparation of victims of aerial spraying with chemicals.

• Establishment of a fund for reparations of victims of aerial spraying with chemicals.

3. Regarding point 4.2:

Recognizing the importance of the agreed in this subsection, the FARC-EP considers it necessary to make a commitment to structural transformation of the public health system, which allows to frame the development of the program.

4. Regarding section 4.3:

The FARC-EP considers that it is necessary to carry out, at the request of the Dialogue Table, a National Conference on policy to fight drugs, to advance, also, in the implementation of the regulatory adjustments and adaptations and the actions required by this struggle, considering international tendencies that emphasize on a human rights focus, when it deals with the phenomenon of production, consumption and sale of illicit drugs.

One of the main tasks of this National Conference should be to analyse and draw conclusions on the issue of the marketing and production of illicit drugs, as a phenomenon linked to paramilitary structures. The Conference should also address the issue concerning the relationship among conflict, drug trafficking and impact on institutions.

PEACE DELEGATION OF THE FARC-EP

The Delegations of the Government and the FARC -EP report that:

We have reached an agreement on the fourth item of the agenda contained in the "General Agreement for the termination of the conflict and the construction of a stable and lasting peace", third in discussion, called "Solution to the problem of illicit drugs".

We have reached agreement on the three sub-points of point 4 of the General Agreement:

1. Programs for the substitution of the illicit use of crops. Comprehensive development plans with community participation in the definition, implementation and evaluation of substitution programs and environmental recovery of areas affected by these crops.
2. Programs for the prevention of consumption and public health.
3. Solution to the phenomenon of production and trafficking of narcotics.

We believe that:

The internal conflict in Colombia has a long history of several decades; it is previous to and has causes which are oblivious to the emergence of the illicit use of crops and to the production and trafficking of illicit drugs in the territories.

The persistence of crops is linked in part to the existence of poverty, marginalization, weak institutional presence, as well as to the existence of criminal organizations involved in drug trafficking.

To contribute to the purpose of laying the foundation for building a stable and lasting peace, it is necessary, among other things, to find a solution to the problem of illicit drugs, including the illicit use of crops and the production and trade of illicit drugs.

The production and trade of illicit drugs and criminal economies has had serious impact on the Colombian population, affecting the enjoyment and exercise of their rights and freedoms.

The growing, production and trade of illicit drugs have also penetrated, fueled and financed the internal conflict.

The end of the conflict should be an opportunity to build a joint and comprehensive solution to the problem of illicit drugs.

It is necessary to draw a new vision that addresses the causes and consequences of this phenomenon, especially by presenting alternatives that lead to improving the well-being and good living conditions of the communities in the territories affected by the illicit use of crops; address the consumption with a public health approach and to intensify the struggle against criminal organizations involved in drug trafficking, including related activities like illicit financing, money laundering, trafficking in precursors and the struggle against corruption, breaking the entire value chain of drug trafficking.

This new approach involves seeking new evidence-based alternatives, which treats the phenomenon of consumption and the problem of the illicit use of crops differently from the problem of organized crime associated with drug trafficking.

We aspire to become a peaceful country without the problem of illicit drugs and we are aware that achieving this purpose also depends on consensus and definition of global reach by all states, particularly those that directly or indirectly have been affected by this problem of transnational character.

These policies should be subject to the exercise of the principles of sovereign equality and non-intervention in the internal affairs of other states and must ensure coordinated action in the framework of international cooperation, to the extent that the solution to the problem of illicit drugs is the collective responsibility of all States.

We agreed that to build sustainable solutions and to ensure the rights of citizens and the non resurgence of the problem, the policy that will be undertaken must have a territorial approach, based on citizen participation and the special presence and strengthening, in terms of effectiveness, efficiency and transparency, of the institutions responsible for social care and for the safety and security of communities, both with a focus on human rights.

That these policies will give a special treatment to the weakest links in the value chain of drug trafficking, i.e. the growers and consumers of illicit drugs, and they will strengthen efforts to dismantle criminal organizations.

That the policy must maintain the recognition of old and traditional uses of the coca leaf, as part of the cultural identity of the indigenous community and the possibility of the use of illicit crops for medical and scientific purposes and other lawful uses to be established.

Regarding the first sub-point, Programs for the substitution of illicit crops, we have agreed that the Government will create and launch a new National Comprehensive Program for the Substitution of the Illicit Use of Crops - PNIS in Spanish - as part of the structural transformation of the countryside carried out by the Comprehensive Rural Reform, and in order to generate material as well as intangible well-being and good living conditions for the population that has been affected by the illicit use of crops, particularly for rural communities in poverty which now derive their livelihood from these crops. This way, we should find a sustainable and definitive solution to the problem of the illicit use of crops and all the problems associated with it in the territories.

We agreed that the transformation of the territories and the alternatives for the communities affected by the illicit use of crops will start from the joint and participated construction between these and the national, departmental and municipal authorities, in order to find a solution to the problem of the illicit use of crops and the overcoming of poverty.

The program requires the broadest possible participation of communities, including those directly involved with the crops, in order to formulate, implement and monitor municipal and community comprehensive Plans for substitution and alternative development, through a participatory planning process.

Women 's participation will be ensured.

An indisputable basis for the final solution to the problem of the illicit use of crops is to be found in its voluntary and concerted character and therefore the clear willingness of communities to experiment alternative roads, different to illicit crops, and in the commitment of the Government to generate and guarantee decent living and working conditions for their well-being.

We agreed that the various proposals made by the community assemblies will be the basis for the construction of municipal comprehensive plans for substitution and alternative development for those areas affected by the illicit use of crops, which will be developed and implemented with the active participation of communities, including territorial social organizations. Within the framework of the municipal plan and taking into account the proposals of the respective assemblies, community plans - which will be an integral part of it - will be developed. Both municipal and community plans are built between communities, national, municipal and departmental authorities, and the Program, which is the competent national authority.

The municipal plan that integrates the community proposals and consists of community plans will be the basis for the implementation of the Program.

To implement the substitution plans, the community organizations will be contracted first and job creation in the areas of application will be promoted.

The supportive measures of the Program will be conditioned to the compliance with the commitments made ​​by growers within the framework of the agreements on substitution and no-replanting. All this in the understanding that the process of substitution and sustainability needs government support, within the terms agreed upon with the communities. In any case, there should exist a full commitment not to grow or be involved in tasks related to these crops, or participate in the illegal trade of raw materials derived from illicit crops.

In cases in which, in the framework of the agreements with the communities as part of the Program, there are growers who don't make the decision to replace illicit crops or who violate commitments without there being a fortuitous event or force majeure despite the efforts of the Program and communities to persuade them, the Government will proceed with manual eradication, after a process of socialization and information with the communities.

In cases where there is no agreement with the communities, the Government will proceed with the eradication of illicit crops. Priority will be given to manual eradication whenever possible, taking into account the respect for human rights, environment and living conditions. The FARC-EP considers that whenever eradication is necessary, it should be manual.

In order to protect the communities, guarantee the right to life and well-being of the rural population, de-mining has to be ensured, too. Therefore, the National Government, after signing the Final Agreement and in the context of its implementation, will implement a program of de-mining and clearance of those areas of the country that might have been affected by landmines and unexploded ordnance.

This is a common purpose to which Government and FARC-EP will contribute by different means and each insofar as it concerns them, including the provision of information under the terms established by the Final Agreement and as part of the shared commitment to the end of the conflict and the construction of a stable and lasting peace.

As for the second sub-point of the Agenda, "Prevention programs for consumption and public health", we agreed that the solution requires commitment and joint action by authorities, communities and families, based on a policy of promoting health care, prevention, comprehensive attention of social inclusion, with particular emphasis on children and adolescents.

The policy regarding illicit drug consumption should be a priority and a state policy that requires, among others, capacity building at a national and territorial level, within the social protection system, and the corresponding provision of resources.

We agreed that the Government will create the National Comprehensive Intervention Program regarding Illicit Drug Consumption as a high-level body to articulate institutions with competence in the field and coordinate a participatory process of review, adjustment and implementation of consumption policies.

National policy regarding illicit drug consumption will have a focus on human rights and public health, a differential and gender approach. It will be evidence-based and it will be built and implemented with community participation.

To ensure the review and participatory adjustment of the policies regarding consumption, based on the principles described above, the Government will create a national body with representatives of the authorities with subject-matter expertise, scientific institutions, specialized centers, educational institutions, parents' associations, religious communities and consumers.

We also agreed to design and implement a National System of Support to the Consumers of Illicit Drugs, which should include complementary actions of rehabilitation and social integration.

Based on the political and territorial analysis of illicit drugs use, the Program will promote capacity building of local authorities and it will support them in the participatory formulation and implementation of departmental and municipal action plans regarding consumption, according to the particularities of the territories and different population groups.

Concerning the third sub-point, "Solution to the phenomenon of production and marketing of narcotics", we agreed that as part of the commitment to intensify the struggle against organized crime and its support networks, within the context of the end of the conflict and in order to protect both the communities and the proper development of the Comprehensive National Program for Illicit Crop Substitution, and the implementation of agreements regarding the threat of organized crime (and, in general, to disrupt the networks of these organizations), the Government will implement a strategy of criminal policy, in parallel with the implementation of a comprehensive strategy to combat corruption. The policy should strengthen and qualify the presence and institutional effectiveness and it should focus on investigation, prosecution and punishment of crimes associated with any organization or criminal group involved in the production and sale of illicit drugs, always considering the differential treatment that should be given to farmers and rural people linked to the exploitation of illicit crops.

We agreed the implementation of a new strategy against the assets involved in drug trafficking and money laundering, which includes identifying the value chain of drug trafficking through a process of crime mapping by a group of experts, formulating a new statute of preventing and combating illicit finance. This, among others, in order to adapt, if necessary, or to define and articulate the regulations related to this subject; to qualify, strengthen and, if necessary, redesign or create bodies of research, monitoring and control of financial and money laundering; to implement a new strategy to ensure effective implementation of the annulment of ownership, and, finally, to implement a new national campaign to promote values, alert on new forms of money laundering and encourage citizen participation and capacity, in the spirit of point 2 of the General Agreement.

We also agreed that the National Government will review and establish strict state controls on the production, import and marketing of inputs and chemical precursors.

We agreed that in the context of a comprehensive strategy of the struggle against corruption, a specific strategy to combat corruption associated with drug trafficking will be developed. It will be based on expert recommendations, including the creation of groups from different institutions, to attack the various expressions of corruption and the people who are responsible for it and to help to improve institutional performance.

Within the framework of the end of the conflict and in order to contribute to the definitive overcoming of the problem of illicit drugs, we agreed that the National Government will promote an International Conference in the framework of the United Nations to reflect, make an objective assessment of anti-drug policy and progress in building consensus on the changes that need to be made. In this aspect, the discussion and new international developments in the field should be taken in consideration, as well as the perspective of the consumer and producer countries and in a special way, the experiences and lessons learned in Colombia, identifying good evidence-based policies.

Finally, we agreed that all this is only possible with the effective engagement of everybody.

The commitment of the Government to implement the policies and programs of this item, to intensify and deal in a decisive way with the struggle against corruption in the institutions, caused by the problem of illicit drugs, and to lead an effective national process to definitely break any relationship of this scourge with all spheres of public life.

The commitment of the FARC-EP to effectively contribute - with the greatest determination, in different ways and through practical actions - to the solution of the problem of illicit drugs and in a scenario of the end of conflict, to end any relationship, which, in the light of rebellion, might have existed with this phenomenon.

The National Government and the FARC-EP express their firm commitment to the ultimate solution to the problem of illicit drugs.

The commitment of the entire society as a whole, including its various forms of political or social organization, to reject any relationship with the problem of illicit drugs and the money from it.

Building a stable and lasting peace requires everybody's willingness to contribute to the clarification of the relationship between conflict and the growing, production and marketing of illicit drugs and money laundering that result from this phenomenon, so that drug trafficking won't threaten the country's destiny ever again.

The agreed elements so far are part of a broader agreement that we expect to reach soon, which contains six points.

We recall that one of the principles guiding the talks is that "nothing is agreed until everything is agreed". This means that the agreements that are made are conditioned to a pact on the entire Agenda and they can be adjusted and complemented.

We highlight the contribution of UN Office in Colombia and the Center of Ideas for Peace of the National University in organizing forums that were held on this issue of illicit crops.

We express our gratitude to the thousands of Colombians and social organizations that have sent us their proposals and views on the items of the Agenda through the forums, the Website or the forms that are available in mayor and governors' offices. Each and every one of these proposals have been received, read and considered by the delegations in Havana.

We thank Cuba and Norway, guarantor countries of this process, for their support and for the environment of trust they create. In the same way, we would like to thank Chile and Venezuela, accompanying countries, who are regularly being reported on the progress of the talks by the delegations. In particular, we appreciate their efforts, as well as we appreciate the expressions of support from other nations, international organizations and leaders.

These fundamental agreements are the result of intensive work carried out by both Delegations, always thinking of the desire for peace of Colombian people.

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