1- Suspension of basic income when there is a contract that generates income. Once the contract that generates income is terminated, will individuals receive the basic income again, if they are present within 24 months? Will it be permanently suspended?
2- For the purpose of receiving basic income, after 24 months, what does the Educational Route include? Formal education (basic and secondary, technical, and technological and university), education for work and Human Development? Will people be suspended from basic income immediately stop studying?
3- What consequences exist if individuals do not report that they have a contract that generates income? In case ARN is aware of it, would they have to return the accumulated basic income disbursed?
4- Regarding the people who have a business that generates income in an informal manner, will the Basic Income be suspended?
5- What is the maximum time limit to receive the Basic Income?
6- If a person wants to pursue higher education at the Postgraduate level, could they be given the basic income for 10 years in a row (without a contract)?
7- If a person, due to domestic calamity, family problems, safety or health, suspends his/her studies after having passed the initial 24 months of basic income, after spending 6 months for example and enrolling again, would he/she receive the basic income or would you lose it?
Answer. As a first step, it is necessary to mention that all the rules that develop what was agreed in the Final Agreement have been discussed within the framework of the National Reincorporation Council (CNR) and / or the Commission for Monitoring, Promotion and Verification of the Implementation of the Final Agreement (CSIVI), of which delegates of the National Government and of the FARC-EP are part.
Decree-Law 899 of 2017 did not contain anything different than what was agreed in the Final Agreement. It is a legal regulation, thus, its characteristic is generality. The questions posed above are specific cases that must be addressed by a regulatory standard that develops the requirements for access to the benefits of the Decree-Law in a more detailed manner.
In line with the above, Article 8 of Decree-Law 899 of 2017 states: "The terms and conditions for the recognition of this benefit shall be established by the National Government in accordance with the recommendations made by tCNR."(The underlined is outside the original text).
8- "... if the people undergoing a Reincorporation Process are hired for a few months by a project with international cooperation, (i.e., the demining project Humanize, an educational project carried out with the Norwegian Council), is the basic income suspended or not?"
Any contractual relationship that generates income with national or international entities and organizations, will create the assumption that the basic income should not be granted, as established in Article 8 of Decree-Law 899 of 2017: "... as long as they do not have a contractual, labor, legal and regulatory, or a contract of any nature that generates income ... " (bold text outside the original text).
9- According to the agreement, individuals will get money for their retirement fund. What happens after 24 months if the person is not working?
Article 9 of Decree-Law 899 of 2017 establishes the following: Protection system. The sums corresponding to the payments to the Social Security System (Health) and the Protection System of the elderly of the beneficiaries, in the terms of article 2 of this decree, that are not linked to income-generating activities, of any nature, will be guaranteed by the National Government for a period of 24 months.
Payments to the Health and Pensions System.
10- If the person is a beneficiary in the health regime of a family member, would the government continue to make a payment to the elderly protection fund during the 24 months only?
The meaning of the rule is to guarantee coverage in health and retirement for the beneficiary. Therefore, if it is already covered in health, it is not up to the government to make the payment.
11- "... If they are linked for a month or two months in an income generating activity, then the government would guarantee this payment again, if they are still within 24 months?"
Yes , the Decree Law in its Article 9, clearly establishes that: "The sums corresponding to the payments to the Social Security System in Health and the System of Protection to the elderly ... will be guaranteed by the National Government during a period of 24 months. "
12- "After the first 24 months, if individuals continue studying, the government will continue to guarantee their social security and protection system as it is in the basic income scheme?"
No . Decree-Law 899 of 2017 establishes that payments to the Social Security System in Health and Pensions will only be for 24 months.
13- What happens to the pardoned and amnestied people who did not go through the socioeconomic census? What happens with the families that did not have a socioeconomic census?
It was agreed that the purpose of the census is to provide the information required to facilitate the process of integral reincorporation of the FARC-EP into civil life as a community and as individuals, as well as identifying possible productive programs and projects.
The socioeconomic census has no effect on the accreditation process as a member of the FARC-EP. As indicated above, the purpose of a sample is to identify the information for reincorporation. Therefore, a small portion does not affect the results. According to the information provided by the National Statistics Department (DANE), who exercises the Technical Supervision of the Interagency Cooperation Agreement for conducting the census, the results of a census are impacted if a representative sample equivalent to 30 or 40% of the total population is not covered.
Finally, it is necessary to specify that families are not subject to the socioeconomic census.
14- What will be the requirements to submit the project?
15- When will the first disbursements be assigned to each person?
16- How much will the disbursement delay be?
They are not established in Decree- Law 899 of 2017. They must be developed in the norm that regulates the Decree-Law, according to the CNR guidelines.
17- Who will make the disbursements for the productive projects, ARN or CNR?
For collective projects through ECOMUN, funds will be transferred by the National Government to ECOMUN, with the prior authorization of the interested party. No entity of the National Government is established for this. ECOMUN will constitute a one-time Fund for its execution.
CNR does not have the condition of being a public entity, therefore, it does not have legal powers for the management of public resources.
For individual projects, the money will be disbursed through ARN once their feasibility is verified by CNR.
18- If some people want to carry out a group productive project without integrating into ECOMUN, can they do it?
The Decree does not establish a restriction in this regard. In fact, it states "Participation in collective productive projects will be based on the recognition of individual freedom and the free exercise of the will of the beneficiary." Therefore, the will of the beneficiary is respected.
19- What are the requirements for the people undergoing a Reincorporation Process to access the productive project?
In order to access the Productive Projects foreseen in Decree-Law 899 of 2017, it is necessary to be duly accredited by the Office of the High Commissioner for Peace, in the first place; second, to present its project with the corresponding supporting documents and that its feasibility is accepted by the National Reincorporation Council.
About people currently pardoned.
20- The payment made to the pardoned persons corresponds to two prior months of attendance to activities. That is, they receive the payment in August for the activities carried out in June. What will happen with the new disbursement of basic income? Could they get two payments ($480,000 and $625,000 in August?)
They would not receive two payments. The disbursement of $ 480,000, as stated, is related to the activities held two months before the payment. The basic income would be granted at the termination of the ZVTN. These are two different situations, in which the disbursement could occur in the same month. However, we highlight that this is not a double payment since the causes are different. They would only occur at the same time on August 1st or on the date determined if the duration of the ZVTN are extended.
21- Why was the disbursement for transfer due to risk of 2.5 minimum monthly legal wages not included?
First, because it is not part of what was agreed in section 3.2.2. of the Final Agreement, developed by Decree-Law 899 of 2017.
Secondly, since Decree 299 of February 23, 2017, "Whereby Chapter 4 is added to Title 1, Part 4 of Book 2 of Decree 1066 of 2015, regarding a protection program", created the "SPECIALIZED PROTECTION PROGRAM OF SECURITY AND PROTECTION", with the following purpose:
"Article 126.96.36.199.1 Purpose: To create the Specialized Security and Protection Program, under which the National Protection Unit, the Ministry of the Interior and other entities, within the scope of their competences, shall include as a population subject to protection, the members of the new movement or political party that emerges from the transit of the FARC-EP to the legal political activity, its activities and offices, to the former members of the FARC-EP that reincorporate into the civil life, as well as the families of all the previous ones according to the level of risk. " (Bold text not included in the original text).
On the other hand, article 188.8.131.52.2. of the same Decree states the following: "Attention to the target population: The population subject of this chapter will be assisted by the Sub-Directorate for Security and Protection of the National Protection Unit in everything related to its material and preventive measures, notwithstanding the competences of the other relevant entities. ". (Bold text not included in the original text).
Likewise, said regulation, established in its article 184.108.40.206.7. "Measures of material protection", which include: "Temporary relocation support: the allocation and monthly delivery to the protected person of a sum of money that will vary between one (1) and three (3) minimum legal monthly salaries in force. ... "
To summarize, the route through which former members of the FARC - EP will access the procedures in matters of security and protection, differs from those of the current route referred by the National Government entity that grants to them. The rout starts with the presumption of risk.
22- What will happen to the people who are accredited and are still deprived from their freedom and where they can be directed?
They must be referred to the Special Jurisdiction for Peace, which is in charge of applying the corresponding legal measures.