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The agreement has four cornerstones: access to land and land use, the establishment of special development programs, poverty reduction and eradication of extreme poverty, and food security.

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The main measures laid out include: [] []. The transformation from a guerrilla movement to a political party has been one of the FARC's main public aims since the beginning of negotiations. At the same time, their potential political participation is one of the most unpopular points of the peace process.

The FARC considers Colombia to have a non-democratic political system marked by state terrorism, and has demanded a 'democratic opening' which includes not only institutional reforms but broader popular participation for social movements and greater direct democracy. The government considers the Constitution to have created a more democratic political system, with different possibilities for popular participation in politics.

A partial agreement on political participation, the second point of the agenda, was announced on November 6, This agreement seeks to strengthen the participation of all Colombians in politics and public affairs and the expansion of democracy as a way to resolve conflicts peacefully and finally break the link between politics and armed confrontation.

The three main points of this agreement are greater citizen participation, a democratic opening and breaking the link between politics and weapons. The main measures are: [] []. The final agreement announced on August 24 establishes guarantees for the new political party or movement to be created by the demobilized FARC following the end of the decommissioning process. The representatives of the FARC would formally register their new political movement before the National Electoral Council, providing their act of creation, party statutes, code of ethics, ideological platform and appointment of its leadership.

The presidential and senatorial candidates of the new party would receive public funding for the and elections.

In addition, following the conclusion of the decommissioning process, the government would amend the constitution and laws as necessary to allow for the temporary, ex officio participation of the FARC's new party in the Congress for two terms beginning in July Although the party's lists, either alone or in coalition, would compete equally for seats in both houses, the new party would be guaranteed five seats in each house, including those won according to regular electoral rules.

Until , the FARC would be represented in each house of Congress by three speakers who would only be allowed to participate in the debates for the constitutional and legal reforms which would follow the adoption of the final agreement. Drug cultivation, production and trafficking has been inextricably linked to the Colombian armed conflict for decades, having served as the main source of financing for most illegal armed groups including the FARC while playing a central role in the Colombian and foreign governments' responses to the internal conflict.

Colombia continues to be the world's single largest producer of cocaine and coca leaves. The UNODC suggests that different negotiations on the issue, in Havana and other settings, are generating incentives for increased coca cultivation because of the perception that the benefits of development projects would mainly be directed at coca cultivators. The FARC are involved in all stages of production, from coca cultivation to wholesale drug trade. In the s, the FARC successfully co-opted some cocalero coca cultivators movements, and was originally primarily involved in the production stage while paramilitary groups dominated the more lucrative drug trafficking.

The FARC adamantly reject that they are drug traffickers, but have admitted to financing their activities through taxes levied at different stages of the drug production process on producers, buyers, laboratory production and landing strips. The Colombian and American governments have considered the FARC to be one of the world's leading drug trafficking organizations. Although "Mexican transnational criminal organizations TCOs remain the greatest criminal drug threat to the United States" according to the U. In , in response to the large increase in domestic cocaine production activities and the deterioration of security conditions, the Colombian and US governments announced Plan Colombia , a joint anti-drug strategy.

Since the start of Plan Colombia, the main strategy for reducing cocaine production has been the aerial spraying of coca plantations with herbicides such as glyphosate. Since more than 1,, hectares of coca crops have been sprayed and more than , have been manually eradicated. Aerial spraying has a negative impact on the environment deforestation, water pollution, harm to ecosystems , health skin problems, respiratory illnesses, miscarriages and causes internal displacement. These policies caused a major supply shock increasing the street price of cocaine in the US , greatly reduced the net cocaine supply and led to major changes in the drug trafficking operations shifting towards Central America and Mexico.

The Colombian government now addresses drug consumption from a public health angle and advocates for alternative development strategies in vulnerable regions affected by coca cultivation, while adopting a "rational and efficient" strategy against criminal activities tied to drug trafficking. As part of this new policy, in October the government ordered the suspension of aerial aspersion with glyphosate.

The partial agreement between the FARC and the government on illicit drugs, announced in May , reflects this paradigmatic shift away from the traditional militaristic approach and towards the voluntary substitution of illicit crops and social transformations in affected territories.

The main measures announced are: [] [] []. In announcing the partial agreement on illicit drugs, the FARC committed to "contribute in an effective manner, with utmost determination and in different forms and through practical actions towards the final solution to the problem of illicit drugs, and to end any relationship that, based on their rebellion, may have taken place with this phenomenon.

The fifth point on the general agreement for negotiations was victims, a vast and complex item which included important issues such as transitional justice, reparations, truth and victims' rights. The item was one of the most complicated for the two parties to find an agreement on. The FARC, which claimed that its insurgency was justified and that it was not militarily defeated, initially refused to submit to the laws and institutions of a political system which it opposed.

On the other hand, the government had the obligation to design a transitional justice system which would be satisfactory to the FARC who sought restorative justice but also in keeping with Colombia's international treaty obligations, notably the Rome Statute of the International Criminal Court. Complicating issues further, both the FARC and the government have historically refused to admit responsibility for crimes they have committed, with the guerrilla considering itself a victim of State oppression and the Colombian government considering itself to be the leader and defender of a democratic society.

In June , the two delegations in Havana announced a set of ten principles which would guide their discussions on the victims issue. These principles were: recognition of victims, recognition of responsibility, satisfaction of victims' rights, victims' participation, elucidation of the truth, reparations for victims, guarantees of protection and security, guarantees of non-repetition, reconciliation and a rights-based approach. The various components of the full agreement on victims were gradually announced to the general public throughout , with the cornerstone agreement on the "special jurisdiction for peace" being announced on September 23, On December 15, , a full partial agreement on victims was announced.

The system would seek to satisfy the rights of all victims of the armed conflict, including victims of the guerrillas, the State and paramilitarism. Access to judicial benefits under the Comprehensive System would be conditioned to contributing to the elucidation of the truth and reparations. The Comprehensive System is made up of five components: Commission for the Clarification of Truth, Coexistence and Non-repetition; Special unit for the search of missing persons in the context of and due to the armed conflict; Special Jurisdiction for Peace; Comprehensive reparation measures for peace-building and guarantees of non-repetition.

Its aim is to contribute to the construction and preservation of historical memory, reach an understanding of the conflict's multiple dimensions, satisfy victims' rights and promote coexistence. The Commission would be centered on victims their dignification and satisfaction of their right to the truth and its work impartial, independent, transitory and extrajudicial.

It would require broad participation, working at a national level but with a territorial approach with the aim of achieving a better understanding of the regional dynamics of the conflict and differential and gender-based approach it would consider the different experiences, impact and conditions of persons because of their sex, gender, age, ethnicity or disabilities.

As an extrajudicial mechanism, the truth commission's activities would be non-judicial in nature and would not imply criminal responsibility for those testifying before it, nor can these testimonies be transferred to judicial authorities although the commission may request information from judges and investigative bodies as required for its work.

The First Move: A Negotiator's Companion

The Commission would have as a mandate to clarify practices which constitute serious human rights, collective responsibilities for these practices, the social and human impact of the conflict on society and different groups, the impact of the conflict on politics and democracy, the historical context of the conflict with its multiple causes and the factors and conditions which contributed to the persistence of the conflict.

To do so, the Commission would investigate all the aforementioned elements, hold public hearings, present a final report, diffuse its work, ensure the gender mainstreaming throughout its work and be periodically accountable. The Commission would be composed of 11 members, chosen by the selection mechanism for the Special Jurisdiction for Peace see below.

The Commission would work for three years, following a six months preparation period. It would direct and coordinate efforts to search for and locate missing persons, or find their remains so that they may be returned to their families. To carry out its work, the search unit would collect the necessary information about missing persons, analyze the information collected, strengthen and streamline processes for identifying mortal remains in coordination with the National Institute of Legal Medicine and Forensic Sciences, guarantee families' participation and present an official report to families informing them of the fate of missing relatives.

The search unit would be administrative and financially independent and autonomous, complementing the other components of the Comprehensive System. Its objectives would be to satisfy victims' right to justice, offer truth to the public, contribute to the reparation of victims, contribute to the fight against impunity, adopt decisions which give full legal security to direct and indirect participants in the conflict and contribute to the achievement of a stable and lasting peace.

The JEP's guiding principles would be the centrality of victims; legal security the JEP's decisions would be res judicata and immutable ; conditionality; the right to peace; comprehensiveness as a component of the broader Comprehensive System; indivisibility the JEP would apply to all who participated directly or indirectly in the conflict ; prevalence over other criminal, disciplinary or administrative proceedings for acts committed in the armed conflict; guarantees of due process ; differential focus taking into account the different consequences of crimes against women and against the most vulnerable groups; gender equality and concentration on the most serious and representative cases.

Following the end of the armed conflict, the government would "grant the broadest possible amnesty" as per section 5, article 6 of Protocol II of the Geneva Conventions for rebels who have subscribed a final peace agreement with the State crime of rebellion and for those accused or condemned for political and related offences, as permitted by the Colombian Constitution.

Amnesty or pardon does not absolve one from the obligation to contribute, individually or collectively, to the clarification of the truth. An amnesty law adopted by Congress would clearly determine those crimes eligible for amnesty or pardon and those which are not, as well as the definition of related offences.

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Political offences include rebellion, sedition, military uprising, illegal possession of weapons, death in combat compatible with international law, agreement to commit an offence for the purpose of rebellion and other related offences. Related offences would be defined by an inclusive and restrictive criteria; the first including offences specifically related to the development of the rebellion during the conflict, offences in which the passive subject is the State and any actions aimed at facilitating, supporting, financing or hiding the development of rebellion.

First Move Negotiators Companion by Lempereur Alain Colson Aurelien

The Colombian Supreme Court has ruled that drug trafficking is a related offence to rebellion, as long as this activity was conducted to finance the insurgency. The government, pro-government legislators, the Ombudsman and the then-attorney general supported the inclusion of drug trafficking as a related offence, arguing that it was used to finance the rebellion. The final agreement, in its annexes, includes the text of the amnesty law which would be presented to Congress.

There would be three types of offences: ones directly eligible for amnesty those most closely related to membership in the guerrilla , ones which would never be eligible for amnesty and others which would be defined the amnesty chamber of the JEP including drug trafficking and kidnapping. Crimes which are not eligible for amnesty or pardon would be submitted to the JEP, which would have jurisdiction over all who participated directly or indirectly in the armed conflict: combatants of illegal armed groups who have subscribed a final peace agreement with the State, agents of the State who committed crimes in the conflict and third parties who directly or indirectly participated in the conflict without being members of an armed groups.

The JEP would have jurisdiction over non-coercive financing of or collaboration with paramilitary groups for persons who had a 'determinant participation in the most serious and representative crimes'. However, members of paramilitary groups who demobilized and appeared before an ordinary court or the justice and peace tribunals would not be the competence of the JEP, although the government would commit to adopt measures to strengthen the clarification of the paramilitary phenomenon.

In the JEP, there would be "a special, simultaneous, balanced and equitable treatment" for agents of the State, founded on international humanitarian law and the military's operational rules. It was agreed in the final agreement that the legal sentences of all FARC combatants convicted of offences within the JEP's jurisdiction would be suspended until the JEP has been formed and has handled the individual's respective case.

Two procedures would be applied, the first procedure in the case of acknowledgment of truth and acknowledgment of responsibility and the second procedure in the absence of acknowledgment of truth and responsibility.

Negotiation Fundamentals | Other Side of the Table

The Special Jurisdiction for Peace would be composed of the following five bodies and an executive secretariat: [] [] []. The Peace Tribunal would be made up of a total of 20 Colombian and four foreign magistrates, who would be highly qualified experts in various areas of law particularly international humanitarian law, human rights law and conflict resolution. Colombian members of the tribunal would need to meet the same requirements as members of the country's three highest courts; namely to be native-born citizens, lawyers, never convicted of any crime besides political offences and a professional or academic career of fifteen years in the field of law.

The three chambers would have a total of 18 Colombian and 6 foreign magistrates. The investigation and prosecution unit would be made up of at least 16 highly qualified legal professionals, 12 of which would be Colombian nationals. The selection mechanism was announced on August 12, Members of the selection committee would elect magistrates with a four-fifths majority using a voting system promoting consensus.

In addition to the magistrates of the chambers and tribunal, it would also select a list of 12 Colombian and 4 foreign alternates for the tribunal and chambers, the president of the JEP and the president of the Investigation and Prosecution Unit. The agreement guarantees that extradition would not be granted for offences and crimes subject to the jurisdiction of the JEP and committed during the armed conflict prior to the signature of the final agreement.

In addition, the imposition of any punishment by the JEP would not limit any right to political participation. The goal of the punishments imposed would be the satisfaction of victims' rights and the consolidation of peace, and would always be related to the level of acknowledgment of truth and responsibility in collective or individual declarations to the JEP, the gravity of the punished act, the level of participation and responsibility and the accused's commitment to truth and reparation of the victims.

The punishment in cases where there has been acknowledgment of responsibility before the Chamber of Acknowledgment would be lesser than in cases of late or no acknowledgment. There would be three types of sanctions or punishments: ordinary sanctions of the JEP, alternative sanctions and ordinary sanctions, depending the level and time of acknowledgment of truth and responsibility.

Ordinary sanctions of the JEP would be imposed to those who acknowledge responsibility in serious offences before the Chamber of Acknowledgment and would have a minimum duration of five years and maximum duration of eight years. The sanctions would have a restorative and reparative aim and involve 'effective restrictions of freedom and rights', including restrictions to the freedom of residence and movement which would be monitored and supervised to ensure compliance with the tribunal's orders.

These sanctions would in no case involve imprisonment. For those who have did not have a 'decisive participation' in the commission of the serious acts, the punishment would be between two and five years.

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The restorative sanctions would be involve participation in projects, carried out in rural and urban areas, including: construction of infrastructure, environmental conservation, effective reparation for displaced peasants, substitution of illicit crops, rural and urban development, rural electrification, mine clearance and so forth. Alternative sanctions would be imposed to those who acknowledge responsibility later, before the first instance of the tribunal.

They would serve an essentially retributive function and involve a deprivation of freedom - including prison - of five to eight years two to five years for those who did not have a 'decisive participation'. Ordinary sentences would be imposed to those found guilty by the tribunal when there has been no acknowledgment of responsibility, and would be served according to provisions of regular criminal law for prison terms no lesser than 15 years and no greater than 20 years. The places where the sentences would be served would be subject to monitoring of a national and international verification body of the Comprehensive System, as well as security and protection measures [] [].

Seven measures for comprehensive reparations are laid out in the agreement on victims, with the aim of contributing to the construction of peace and the recognition of victims and the damages of war. Victims are to be at the heart of all reparation measures. The guarantees of non-repetition would be the result of the implementation of the different mechanisms and measures of the Comprehensive System, measures agreed upon under the 'end of the conflict' item and all other points of the final agreement rural reform, political participation, illicit drugs.

These guarantees are part of a broader, overarching shared commitment to respect human rights, promote the rights of all Colombians, coexistence, tolerance and free political participation. As part of guarantees of non-repetition, the government would implement measures to strengthen human rights promotion mechanisms and the protection mechanisms for human rights organizations and advocates. Specifically, this would include the promotion of a culture of human rights for peace and reconciliation, the strengthening of national information and monitoring systems for human rights, the implementation of human rights education, the strengthening of human rights organizations, the elaboration of a comprehensive protection protocol for human rights organizations, strengthened collaboration with the attorney general's office to follow up on complaints and investigations, the implementation of a national plan for human rights, the adoption of measures and legal modifications to protect social protests and mobilizations, and the creation of an advisory commission on human rights for the government and public institutions.

The government and the FARC reached an agreement on three of the main points - bilateral and definite ceasefire, decommissioning of weapons and security guarantees - of the third item on the agenda, 'end of the conflict', on June 23, The bilateral and definite ceasefire is the definite end of hostilities and offensive actions between the government and the FARC.