Brev fra den colombianske ambassadør i Sverige vedr. fredsaftalen med FARC

Östermalmsgatan 46, Piso 3 Tel. +46 8 214320 E-mail: esuecia@cancilleria.gov.co
Box 5627 – 114 86, Estocolmo - Suecia Fax +46 8 218490 suecia.embajada.gov.co
ESEETC – 319
Stockholm, August 25, 2016
On behalf of the Government of Colombia I am pleased to inform you that the past 24th August
has successfully finished the negotiations in La Habana and a Peace Agreement has been
reached with the FARC. Enclose hereby you will find the Final Document as well as the Joint
Communiqué # 93 and the statement made by President Juan Manuel Santos.
I would like to take this opportunity to convey the sincere gratitude of President Juan Manuel
Santos and the Colombian Government, for the permanent solidarity of all Danish institutions
along the difficult and complex road to peace.
Colombia has always valued the Danish leadership within the International Community when
it comes to support peacebuilding efforts around the world, and is certain that the bilateral
relations will be even more strengthened in this new post- conflict stage.
Please accept the assurances of my highest and distinguished consideration.
Sincerely,
SONIA DURÁN SMELA
Ambassador
Det Udenrigspolitiske Nævn 2015-16
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Joint Communiqué # 93
Havana, Cuba, August 24, 2016
The delegations of the National Government and the FARC – EP hereby announce that we have
reached a Final Agreement, comprehensive and definitive, in regard to all the items of the Agenda
of the General Agreement for the End of the Conflict and the Construction of a Stable and Long-
lasting Peace (Agenda del Acuerdo General para la Terminación del Conflicto y la Construcción de
una Paz Estable y Duradera) en Colombia.
PREAMBLE
Recalling that the dialogues in Havana between male and female delegates of the National
Government, presided by President Juan Manuel Santos, and male and female delegates of the
Revolutionary Armed Forces of Colombia – People’s Army (Fuerzas Armadas Revolucionarias de
Colombia-Ejército del Pueblo), with the mutual decision to bring an end to the national armed
conflict, originated as a result of the Exploratory Meeting (Encuentro Exploratorio) held in the capital
of the Republic of Cuba between February 23 and August 26, 2012;
Bearing in mind that, as a result of the aforementioned exploratory dialogues, a General Agreement
for the End of the Conflict and the Construction of a Stable and Long-lasting Peace (Agenda del
Acuerdo General para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera)
was produced, signed on the latter date mentioned before national witnesses and before delegates
of the Republic of Cuba and the Kingdom of Norway, who also served as witnesses, and who, since
then, acquiesce in the process as guarantor countries;
Pointing out that the Bolivarian Republic of Venezuela and the Republic of Chile have been ready at
all times to provide their good offices as accompanying countries;
Recalling that, in development of the agenda approved in the aforementioned Agreement, the
Dialogue Table began on October 18, 2012, in the city of Oslo, capital of the Kingdom of Norway, to
be continued afterwards in the capital of Cuba without interruption until today, when the Final
Agreement for the End of the Conflict and the Construction of a Stable and Long-lasting Peace
(Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera) is
signed;
Underscoring that the Final Agreement that is signed today corresponds to the free statement of
the will of the National Government and the FARC – EP, having acted in good faith and with the full
intent to comply with what has been agreed;
Bearing in mind that Article 22 of the Political Constitution of the Republic of Colombia imposes
peace as a mandatory right and duty; that Article 95 states that the quality of being Colombian extols
all the members of the national community and therefore it is everybody’s duty to enhance and
dignify it; that the exercise of the rights and liberties recognized by the Constitution implies
responsibilities, among them, to pursue the achievement and the maintenance of peace;
Underscoring that peace has been universally qualified as a human right, and as a necessary
requirement for the exercise of all the other rights and duties of the people and the citizenship;
Det Udenrigspolitiske Nævn 2015-16
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Pointing out that the Final Agreement gathers each and every one of the agreements reached on
the Agenda of the General Agreement signed at Havana in August, 2012; and that in order to reach
it the National Government and the FARC – EP always, and at all times, adhered to the spirit and
respect for the National Constitution, the principles of International Law, International Human
Rights Law, International Humanitarian Law (Conventions and Protocols), the mandate of the Rome
Statute (International Criminal Law), the judgments rendered by the Inter-American Court of Human
Rights relative to conflicts and their termination, and other rulings of universally recognized
competencies and authority pronouncements relative to the signed topics;
Recalling that Article 94 states that “the enunciation of the rights and guarantees contained in the
Constitution and in the international conventions in force shall not be understood as a denial of
others that, being inherent to the human person, are not expressly stated in them”, that the treaties
on human rights, approved by Congress and which may not be suspended even during states of
exception, prevail in the internal order;
Placing into consideration that the sum of the agreements that constitute the Final Agreement
contribute toward the satisfaction of fundamental rights such as the political, social, economic and
cultural rights, and the rights of the victims of the conflict to the truth, justice and reparation, the
rights of children and adolescents, the fundamental right to individual or collective legal security
and physical safety, and the fundamental right of each individual in particular and of society in
general, without any distinctions, to the non-repetition of the tragedy of the internal armed conflict
which is intended to be overcome with this Agreement;
Underscoring that the Final Agreement pays special attention to the fundamental rights of women,
of vulnerable social groups such as the indigenous peoples, girls, boys and adolescents, the Afro-
descendant communities and other ethnically differentiated groups; to the fundamental rights of
the peasants, the essential rights of the individuals in conditions of disability and of the individuals
displaced on account of the conflict; to the fundamental rights of the elderly and the LGBTI
population;
Considering that, according to the National Government, the transformations entailed by the
implementation of this Agreement should contribute to revert the effects of the conflict and to
change the conditions that have facilitated the persistence of violence in the territory; and that
according to the FARC – EP those transformations should contribute to solve the historic causes of
the conflict, as the unresolved matter of land property and particularly its concentration, the
exclusion of the peasantry and the backwardness of the rural communities, which especially affect
women and children.
Appreciating and exalting that the central axis of peace is to drive the presence and the effective
action of the State throughout the entire national territory, in particular in multiple regions subdued
today by neglect, by the lack of an effective public function, and by the effects of the internal armed
conflict itself; that an essential goal of the national reconciliation is the construction of a new
paradigm of territorial development and wellbeing for the benefit of ample sectors of the
population thus far victims of exclusion and despair;
Recognizing the rights of society to comprehensive human security with the participation of the
civilian authorities;
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Exalting and consecrating prospective justice inasmuch as it recognizes essential fundamental rights
for the new and future generations, such as the right to a preserved land, the right to the
preservation of the human species, the right to know their origins and their identity, the right to be
exempted from liability for the actions committed by preceding generations, the right to the
preservation of the freedom of choice, and other rights, without prejudice to the rights of the victims
to the truth, justice and reparation;
Recalling that this past June 23 of the current year, the Delegations of the National Government and
the FARC – EP signed the agreements in the Cuban capital on the Bilateral and Final Ceasefire and
End of the Hostilities and the Laying Down of Arms and Security Guarantees (Cese al Fuego y de
Hostilidades Bilateral y Definitivo y Dejación de las Armas y Garantías de Seguridad), in the presence
of the President of the Council of State and the Council of Ministers of the Republic of Cuba, the
Secretary General of the United Nations, the President of the General Assembly of the United
Nations, the President of the UN Security Council, the Minister of Foreign Affairs of the Kingdom of
Norway, the Heads of State of the accompanying countries, the Heads of Government of countries
of the region, the Special Envoy of the United States of America, and the Special Representative of
the European Union;
Accepting that the rules of international common law will continue to govern the matters related to
fundamental rights not mentioned in the Final Agreement, including the imperative mandate that
orders that “in the cases not provided by the law in force, the human person falls under the
safeguard of the principles of humanity and of the demands of the public conscience”;
Recognizing the constitutional mandate that states that the President of the Republic is responsible,
as Head of State, Head of Government and Supreme Administrative Authority, for agreeing on and
ratifying peace agreements;
The Government of the Republic of Colombia and the Revolutionary Armed Forces of Colombia –
People’s Army (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo), have agreed:
To sign this Final Agreement for the End of the Conflict and the Construction of a Stable and Long-
lasting Peace (Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable
y Duradera), whose execution will bring a definitive end to an armed conflict of more than fifty
years, and which is stated here below.
This Final Agreement for the end of the conflict and the construction of a stable and long-lasting
peace is signed by the National Government and the Revolutionary Armed Forces of Colombia –
People’s Army (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo) FARC – EP, as a
Special Agreement in the terms of Article 3, common to the 1949 Geneva Conventions.
The National Government and the Revolutionary Armed Forces of Colombia – People’s Army
(Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo) FARC – EP, sign seven originals
including their annexes, one for each one of the parties, one for each one of the guarantor countries,
and one for each one of the accompanying countries. The seventh original specimen will be
deposited immediately after its signature before the Swiss Federal Council in Bern or before the
body that replaces it in the future as the depositary of the Geneva Conventions.
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INTRODUCTION
Following a confrontation lasting for more than half a century, the National Government and the
FARC – EP have agreed to bring a final end to the internal armed conflict.
The termination of the armed confrontation will mean, in the first place, the end to the enormous
suffering caused by the conflict. There are millions of Colombians who are victims of forced
displacement, hundreds of thousands of deceased individuals, tens of thousands of missing
individuals of all sorts, not forgetting the ample number of populations that have been affected in
one way or another all over the territory, including women, children and adolescents, peasant,
indigenous, Afro-Colombian, black, palenquera, raizal and rom communities, political parties, social
and labor union movements, economic trade unions, among others. We do not want one more
victim in Colombia.
In second place, the end of the conflict will entail the opening of a new chapter of our history. The
purpose is to start a transition phase that will contribute toward a greater integration of our
territories, a greater social inclusion -in particular of those who have lived apart from development
and have suffered the conflict- and to strengthen our democracy for it to be deployed throughout
the national territory, and to ensure that social conflicts are handled through institutional paths,
with full guarantees for those who participate in politics.
The purpose is to build a stable and long-lasting peace, with the participation of all the Colombian
people. With that purpose, to bring an end once and for all to the historic cycles of violence and lay
down the foundations for peace, we agreed on the items of the Agenda of the General Agreement
of August, 2012, which are developed by this Agreement.
The Agreements consists of a series of agreements, which nevertheless constitute an indissoluble
whole, because they are permeated by the same rights approach, in order for the measures herein
agreed to contribute toward the materialization of the constitutional rights of the Colombian
people; by the same differential and gender approach, to ensure that the implementation is carried
out taking gender, ethnic and cultural diversity into account, and to ensure that measures are
adopted for the most humble and the most vulnerable populations and collectivities, in particular
children, women, individuals in conditions of disability, and the victims; and in particular, by the
same territorial approach.
The territorial approach of the Agreement entails the recognition and consideration of the needs,
characteristics and economic, cultural and social distinctive features of the territories and the
communities, guaranteeing their socio-environmental sustainability; and it seeks to implement the
different measures in a comprehensive and coordinated manner, with the active participation of
the citizens. The implementation will be carried out from the regions and territories and with the
participation of the territorial authorities and the different sectors of society.
Citizen participation is the foundation for all the agreements that comprise the Final Agreement.
Participation of society, in general, in the construction of peace, and participation, in particular, in
the planning, execution and follow-up of the plans and programs in the territories, which is,
additionally, a guarantee for transparency.
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Furthermore, participation and dialogue between the different sectors of society contribute toward
the construction of trust and the promotion of a culture of tolerance, respect and coexistence in
general, which is an objective of all the agreements. Decades of conflict have opened gaps of distrust
within society, in particular in the territories most affected by the conflict. In order to break these
barriers, spaces need to be opened for more varied citizen participation, as well as spaces that
promote the recognition of the victims, the recognition and establishment of responsibilities, and,
in general, the recognition by all of society of what happened and of the need to seize the
opportunity for peace.
In view of the foregoing, the Government of Colombia and the FARC – EP, with the aim of further
consolidating the foundations where peace and national reconciliation will be built, once the
plebiscite has taken place, will summon all the parties, political and social movements, and all the
driving forces of the country to arrange a major NATIONAL POLITICAL AGREEMENT aimed at defining
the necessary institutional reforms and adjustments to address the challenges demanded by peace,
setting in motion a new framework of political and social coexistence.
*
The Final Agreement contains the following items, with their corresponding agreements, which
intend to contribute toward the transformations needed to lay the foundations for a stable and
long-lasting peace.
Item 1 contains the agreement on “Comprehensive Rural Reform” (“Reforma Rural Integral”), which
will contribute toward the structural transformation of the countryside, closing the gaps between
the countryside and the city and creating conditions of wellbeing and good living for the rural
population. The “Comprehensive Rural Reform” should integrate the regions, contribute toward
eradicating poverty, promote equality and ensure the full enjoyment of citizen rights.
Item 2 contains the agreement on “Political participation: Democratic Opening to build peace”
(“Participación política: Apertura democrática para construir la paz”). The construction and the
consolidation of peace, in the framework of the end of the conflict, require a democratic expansion
that will allow the emergence of new forces in the political scenario to enrich debate and
deliberation of the major national problems and, in that way, to strengthen pluralism and therefore
the political representation of the different visions and interests of society, with the appropriate
guarantees for political participation and inclusion.
In particular, the implementation of the Final Agreement will contribute to the expansion and
deepening of democracy inasmuch as it will imply the laying down of arms and the proscription of
violence as a method of political action for all the Colombian people, in order to make the transition
to a scenario where democracy prevails, with full guarantees for those who participate in politics,
and in that manner it will open new spaces for participation.
Item 3 contains the agreement on the “Bilateral and Final Ceasefire and End of the Hostilities and
the Laying Down of Arms” (“Cese al Fuego y de Hostilidades Bilateral y Definitivo y la Dejación de las
Armas”), whose goal is the final end of the offensive actions between the Public Law Enforcement
Authorities and the FARC – EP, and, in general, of the hostilities and of any action provided in the
rules that govern the Ceasefire, including affecting the population, and in that manner to create the
conditions for the beginning of the implementation of the Final Agreement and the laying down of
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arms, and to prepare the institutional framework and the country for the reincorporation of the
FARC- EP into civilian life.
It also contains the agreement on “Reincorporation of the FARC – EP into civilian life -in economic,
social and political matters- in accordance with its interests” (“Reincorporación de las FARC-EP a la
vida civil –en lo económico, lo social y lo político- de acuerdo con sus intereses”). Laying the
foundations for the construction of a stable and long-lasting peace requires the effective
reincorporation of the FARC – EP into the social, economic and political life of the country.
Reincorporation ratifies the commitment of the FARC – EP to close the chapter of the internal
conflict, to turn into a valid actor within democracy, and to decisively contribute toward the
consolidation of peaceful coexistence, non-repetition, and to transform the conditions that have
facilitated the persistence of violence in the territory.
Item 3 also includes the agreement on “Security guarantees and the fight against criminal
organizations responsible for homicides and massacres or that attack human rights advocates, social
movements or political movements, including the criminal organizations that have been labeled as
successors of paramilitarism and its support networks, and the prosecution of criminal conducts
that threaten the implementation of the agreements and the construction of peace” (“Garantías de
seguridad y lucha contra las organizaciones criminales responsables de homicidios y masacres o que
atentan contra defensores y defensoras de derechos humanos, movimientos sociales o movimientos
políticos, incluyendo las organizaciones criminales que hayan sido denominadas como sucesoras del
paramilitarismo y sus redes de apoyo, y la persecución de las conductas criminales que amenacen la
implementación de los acuerdos y la construcción de la paz”). In order to fulfill this purpose, the
agreement includes measures such as the National Political Pact (Pacto Político Nacional); the
National Commission of Security Guarantees (Comisión Nacional de Garantías de Seguridad); the
Special Investigation Unit (Unidad Especial de Investigación); the Elite Corps in the National Police
(Cuerpo Élite en la Policía Nacional); the Comprehensive Security System for the Exercise of Politics
(Sistema Integral de Seguridad para el Ejercicio de la Política); the Comprehensive Security and
Protection Program for the Communities and Organizations in the Territories (Programa Integral de
Seguridad y Protección para las Comunidades y Organizaciones en los Territorios); and the Measures
for the Prevention of and the Fight against Corruption (Medidas de Prevención y Lucha contra la
Corrupción).
Item 4 contains the agreement on the “Solution to the Problem of Illicit Drugs” (“Solución al
Problema de las Drogas Ilícitas”). In order to build peace, a final solution needs to be found for the
problem of illicit drugs, including the crops for illicit use and the production and commercialization
of illicit drugs. For that purpose, a new vision is promoted, aimed at providing a different and
differentiated treatment to the drug use phenomenon, to the problem of the crops for illicit use,
and to the organized crime associated to drug trafficking, ensuring a general human rights and public
health approach, differentiated and gender-based.
Item 5 contains the agreement on “Victims” (“Víctimas”). Since the Exploratory Meeting (Encuentro
Exploratorio) of 2012, we agreed that the redress of the victims should be at the core of any
agreement. The agreement creates the Comprehensive System of Truth, Justice, Reparation and
Non-Repetition (Sistema Integral de Verdad, Justicia, Reparación y No Repetición), which
contributes to the fight against impunity by combining judicial mechanisms that enable the
investigation and penalization of severe human rights violations and severe infringements of
International Humanitarian Law, with complementary extra-judicial mechanisms that will
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contribute toward the elucidation of the truth about what happened, the search for the missing
loved ones, and the reparation for the damaged caused to individuals, collectivities and entire
territories.
The Comprehensive System consists of the Commission for the Elucidation of Truth, Coexistence
and Non-Repetition (Comisión para el Esclarecimiento de la Verdad, la Convivencia y la No
Repetición); the Special Unit for the Search of Individuals deemed as missing in the context and by
reason of the armed conflict (Unidad Especial para la Búsqueda de Personas dadas por
desaparecidas en el contexto y en razón del conflicto armado); the Special Jurisdiction for Peace
(Jurisdicción Especial para la Paz); the Comprehensive Reparation Measures for the construction of
peace (Medidas de reparación integral para la construcción de la paz); and the Non-Repetition
Guarantees (Garantías de No Repetición).
Item 6 contains the agreement on “Implementation and Verification Mechanisms” (“Mecanismos
de Implementación y Verificación”) where an “Implementation, follow-up and verification
Commission of the Final Peace Agreement and for the resolution of differences” (“Comisión de
implementación, seguimiento y verificación del Acuerdo Final de Paz y de resolución de diferencias”)
is created, whose members will be representatives of the National Government and the FARC – EP,
aimed at, among other things, following up the components of the Agreement and verifying their
compliance, serving as an instance for the resolution of differences, and driving and following up
the legislative implementation.
Additionally, it creates an accompanying mechanism for the international community to contribute
in different ways to guarantee the implementation of the Final Agreement, and, regarding
verification matters, a model is set in motion with an international component comprised by the
countries that have played the roles of guarantor and accompanying countries during the process,
and two international spokespersons, all of it supported on the technical capacity of the Project of
the Kroc Institute for International Peace Studies of the University of Notre Dame in the United
States.
*
The delegations of the National Government and the FARC – EP reiterate our profound gratitude to
all the victims, the social and Human Rights organizations, the communities -including the ethnic
groups-, the organizations of women, the peasants, the youth, the academy, the businesspeople,
the Church and the faith communities, and, in general, to the citizens that actively participated and
who contributed to the Final Agreement through their proposals. With your participation we will be
able to build a stable and long-lasting peace.