Excerpts from the Final Agreement with the FARC regarding Reincorporation
Section 188.8.131.52. Purpose.
This Agreement on CFHBD and DA seeks the final termination of the offensive actions between the Public Force and the FARC-EP, and in general of the hostilities and any action foreseen in the Rules Governing CFHBD, including the affectation to the population, and in this way create the conditions for the beginning of the implementation of the Final Agreement and the Abandonment of Weapons and prepare the institutions and the country for the Reincorporation of the FARC-EP into civil life.
Section 3.1.4. Adaptation of the devices in the field and Zones
For purposes of compliance of the Agreement with CFHBD and DA, as well as to prepare for the process of economic, political and social reintegration of the FARC-EP into civilian life in accordance with their interests, as stated in item 2 of section 3 of the General Agreement for the Termination of the Conflict and the Building of a Stable and Lasting Peace. The National Government and the FARC-EP agree to establish 20 Transitional Normalization Zones (ZVTN) and 7 Transitional Normalization Points (PTN).
Section 184.108.40.206. Transitional Normalization Zones (ZVTN)
These zones aim to guarantee the CFHBD and DA, and initiate the process of preparation for Reincorporation into the civil life of the structures of the FARC-EP in the economic, political and social dimensions in accordance with their interests, as established in Point 3, item 2 of the General Agreement, and the transition into legality. (...)
Members of the FARC-EP that by virtue of the amnesty law have benefited from prison release, and wish so, are integrated into these zones to follow the process of reincorporation into civil life. For this purpose, accommodation sites are organized outside the camps and within the ZVTN (...)
In development of the process of preparation for the reincorporation into civil life of its combatants, the FARC-EP, in coordination with the National Government, can carry out within the ZVTN all type of training for the members of the FARC-EP in productive tasks, and leveling of elementary, high-school or technical basic education, according to their own interests. In turn, within the ZVTN, the National Government, in agreement with the FARC-EP, implements measures and preparatory activities for the reincorporation and other activities necessary to facilitate the transition into the legality of the FARC-EP and to guarantee their well-being at the ZVTN, which may include, among others, health care, ID assignment sessions and other preparation activities for reincorporation.
Item 220.127.116.11 Procedure (Abandonment of Weapons) The FARC-EP contributes through different means, including the provision of information, with the cleaning and decontamination of the territories affected by landmines, improvised explosive devices, and unexploded ammunition or explosive remnants of war in general, taking into account the agreements of sections 4 and 5 and what is agreed in the section of Reincorporation into civilian life regarding the participation of the FARC- EP in action against mines.
3.2. Reincorporation of the FARC-EP into civil life - economically, socially and politically - according to their interests
The reincorporation into civil life will be an integral and sustainable process, both exceptional and transitional, that will consider the interests of the community of the FARC-EP in the Reincorporation Process, its members and their families, aimed at strengthening the social tissue in the territories, and the coexistence and reconciliation among those who inhabit them, as well as the deployment and development of productive activity and local democracy. The reincorporation of the FARC-EP is based on the recognition of individual freedom and the free exercise of the individual rights of each of those who are now members of the FARC-EP undergoing a Reincorporation Process. The characteristics of the reincorporation of this agreement are complementary to the agreements already agreed upon. The reincorporation process will have a differential focus in all its components, with an emphasis on women's rights.
Pursuant to the provisions of the Special Jurisdiction for Peace Agreement (JEP), regarding those persons belonging to rebel organizations that have signed a peace agreement with the Government for the purpose of reincorporation, the sentences derived from crimes dictated by the Court for Peace set by ordinary or disciplinary justice will remain paused, until such sentences are dealt with by the Special Jurisdiction for Peace.
Section 3.2.2 Economic and social reincorporation
Section 18.104.22.168 Organization for Collective, Economic and Social reincorporation.
In order to promote a process of collective economic reincorporation, the FARC-EP will constitute an organization of social and solidarity economy, called Economías Sociales del Común (ECOMUN). This entity, which will be subject to the regulations in force for this type of organization, will have national coverage and may have territorial branches. Today, members of the FARC-EP can voluntarily join this entity. The National Government will facilitate the legal formalization of ECOMUN through the financing of legal and technical advice, and the definition of an expeditious and extraordinary procedure for its constitution. Within the framework of the National Reincorporation Council, the guidelines will be established to guarantee the coordination of ECOMUN's work with the different relevant entities.
Section 22.214.171.124 Institutional organization - National Council for Reincorporation The National Council for Reincorporation (CNR) will be created and composed of two (2) members of the Government and two (2) members of the FARC-EP, with the function of defining the activities, establishing the schedule and develop the follow-up of the Reincorporation Process, according to the terms agreed with the National Government. There will also be joint Territorial Councils of Reintegration in the terms and conditions of and with the functions defined by the CNR. These Councils will be organized upon signature of the final Agreement. CNR may invite institutions, social organizations or international organizations to carry out their functions.
Section 126.96.36.199 Accreditation and Transit to legality upon the arrival in the Transitional Normalization Zones (ZVTN) and the Transitional Normalization Points (PTN), the FARC-EP, through a delegate expressly designated for this purpose, will hand over to the National Government, a list of all the members of the FARC-EP. This list will be received and accepted by the National Government in good faith, in accordance with the principle of legitimate expectations, notwithstanding the corresponding verifications. In the definition of this list, the FARC-EP is responsible for the truthfulness and accuracy of the information contained therein. The Government will provide the necessary resources for the definition of the lists in the prison centers and will contribute with the information available to them in the different State institutions. This accreditation is necessary to access the measures agreed upon for the FARC-EP in the Final Agreement, notwithstanding what is established in the agreement to create the Special Jurisdiction for Peace. (...)
In any case, access to reincorporation measures requires a commitment of responsibility with the agreements and their goals. The rights and duties in the framework of the Reincorporation Process will be detailed by the National Reincorporation Council.
Item 188.8.131.52 Reincorporation for minors who have abandoned the camps of the FARC-EP
Minors who have abandoned the camps of the FARC-EP from the beginning of the peace talks, as well as those who leave until the end of the process of the abandonment of weapons, will be subject to special attention and protection measures that will be discussed within the National Reincorporation Council in the framework of the Commission of Monitoring, Promotion and Verification of the Implementation of the Final Agreement (CSIVI) and that will include the guiding principles that will be applicable to minors and the guidelines for the design of the Special Program in accordance with the provisions of Joint Communication No. 70 dated May 15th, 2016 to guarantee the restitution of their rights with differential approach, prioritizing their access to health and education.
All the rights, benefits and compensations established for the victims of the conflict, as well as those derived from their reincorporation process in the terms contemplated in this Final Agreement shall be recognized for their minors and the reunification of their families will be prioritized when possible, as well as the final location in their communities of origin or in others of similar characteristics, always taking into account the best interests of the child. The follow-up to these programs will be carried out by the National Reincorporation Council and the competent State entities and with the support of social or specialized organizations in charge of overseeing under the terms of Joint Communication No. 70. The preparing of the Special Program of Reincorporation for minors must be made by the National Reincorporation Council within a maximum of 15 days from the signing of the Final Agreement, based on the proposal submitted by the technical panel created by Joint Communication No. 70. Once the Program has been approved, the National Government will process the regulatory adjustments that are necessary to guarantee its implementation, always taking into account the best interests of the child and International Humanitarian Law.
The Program must guarantee the integral reincorporation of the minor and its psychosocial accompaniment, with the oversight of social or specialized organizations in the terms of Joint Communication No. 70, as well as its location in transitional places of reception in municipalities near the ZVTN, guaranteeing the right to information of all participants, especially children and adolescents.
Section 184.108.40.206 Identification of needs of the economic and social reincorporation process
a. Socioeconomic census: Within sixty (60) days following the start of the ZVTN, a socioeconomic census will be conducted with the purpose of providing the information required to facilitate the process of integral reincorporation of the FARC-EP to civil life as a community and as individuals. CNR will define the content of the Census, its form of application and the custody and good use of the information. The conduct of the census will be entrusted to the National University of Colombia.
b. Identification of sustainable productive programs and projects Based on the results of the census, potential productive programs and projects will be identified to link the largest possible number of men and women belonging to the FARC-EP. Participation in programs and projects of environmental protection and humanitarian demining will deserve special attention.
c. Development and execution of sustainable productive programs and projects. Each member of the FARC-EP undergoing a Reincorporation Process will have the right for once to economic support to undertake an individual or collective productive project. The value of such benefit is 8 million pesos.
Programs and projects with ECOMUN
A Fund for the execution of productive and services projects of the Economic and Social Reincorporation Process through ECOMUN will be constituted once only. The feasibility of the projects will be previously verified by CNR. The resources corresponding to the people who decide to participate in collective projects (see item c of section 220.127.116.11.) through ECOMUN, which have been identified and made viable, will be transferred by the National Government to ECOMUN thirty (30 ) days after determining the feasibility of each project at the latest. The value of the fund will depend on the total number of assignments for today's members of the FARC-EP who have decided to take this option. In any case, ECOMUN will submit periodic reports on the execution of resources from the State before CNR.
• Individual projects by members of the FARC-EP undergoing a Reincorporation Process who wish to undertake productive projects or housing individually, and verified their feasibility by CNR, the National Government will allocate the sum indicated above only once.
Section 18.104.22.168. Guarantees for a sustainable economic and social reincorporation
• Basic income
Each one of the men and women belonging to the FARC-EP as of the termination of the ZVTN and for twenty-four (24) months, will receive a monthly basic income equivalent to 90% of the minimum wage, provided that when they do not have a contractual bond that generates income. Subsequent to this term, a monthly allowance will be granted in accordance with the regulations issued for that purpose and not less than the one that has been in force as long as the beneficiary proves that he/she has continued in his/her educational route based on the purposes of reincorporation. For the foregoing, the Government will constitute a fiduciary assignment. In turn, ECOMUN will provide its members with advice and support in the process of selecting educational entities.
• Sole normalization assignment Each one of the men and women belonging to the FARC-EP, at the moment of the termination of the ZVTN, will receive a sole normalization allowance equivalent to 2 million pesos.
• Social security
The sums corresponding to payments for social security in health and pensions in accordance with the current regulations for those who do not conduct paid activities, will be guaranteed by the National Government, who will constitute a fiduciary assignment for payments during 24 months. ECOMUN, in turn, will advise its members in the selection of social security institutions that provide these services. Exceptionally, due to serious diseases of high cost, and for the rehabilitation of injuries derived from the conflict, the Government will establish a special system with national and international cooperation, within the framework of CNR, for its attention during 36 months.
• Social plans or programs
In accordance with the results of the socioeconomic census, the necessary plans or programs for the attention of the fundamental and integral rights of the population subject to the present agreement will be identified, such as formal education (basic and secondary, technical and technological, university) and education for work and human development, as well as validation and homologation of knowledge, housing, culture, recreation and sports, environment protection and recovery, psychosocial accompaniment for reunification of family nuclei, extended families and older adults, including measures of protection and attention of sons and daughters of members of the FARC-EP undergoing a Reincorporation Process.
The actions and measures of each one of the programs that can begin their execution with the beginning of the process of abandoning weapons in the ZVTN will be defined.
Such programs will be guaranteed by the National Government in the terms and duration defined by CNR. The foregoing, with no limitation of the state programs aimed at the integral reparation of the victims of the conflict. To ensure its effective implementation and deployment in the territory, the implementation of such programs will take as a basis the institutional resources available to the National Government and the Colombian State entities that are competent for these purposes, notwithstanding the access to other legal resources.
The identification of projects and mechanisms that allow access to housing including self-construction projects will deserve a priority treatment and will enjoy special attention and support from the Government.
• Pedagogy for peace
The FARC-EP will appoint three spokespersons for each ZVTN and PTN of the ten members of the authorized FARC-EP to mobilize at the municipal level. This is in order to develop peace pedagogy work in the councils of the corresponding municipality. In the case of the departmental assemblies, such work will be carried out after the agreements between CNR and the corresponding assemblies and governors.
Section 22.214.171.124. Other resources for economic reincorporation projects
The economic resources provided by international cooperation, the private sector, foundations and multilateral organizations for the projects of economic reincorporation of today's members of the FARC-EP into civil life, as well as the resources of Technical Cooperation for such projects, will not reduce the amounts referred to in the preceding paragraphs: the financial resources made available by the National Government for the implementation of the reincorporation agreement will increase.
3.3. Obligations of former guerrilla commanders / as members of the governing bodies of the new political force arising from the transit of the FARC-EP into legality to ensure the proper execution and stability of the Final Peace Agreement
The former guerrilla commanders / members of the governing bodies of the new political force arising from the transit of the FARC-EP into legality will have the obligation to contribute actively to guarantee the success of the Reincorporation Process of the FARC-EP into civil life in a comprehensive manner, for which, among other obligations derived from the Final Agreement, they will perform tasks to explain said Agreement and resolve conflicts regarding compliance with the Final Agreement that may arise in any municipality of the country among the former members of the FARC-EP or the members of the new political movement.
Section 3.4.1. Guiding principles
Territorial and differential approach
Within the framework of the end of the conflict and the construction of a stable and lasting peace, the security measures adopted must have a territorial and differential approach that takes into account the different threats, particularities and experiences of the people considering their diversity, of the communities and territories, in order to implement the plans and programs of peace building and give guarantees to the population, including the new political movement that emerges from the transit of the FARC-EP to the legal political activities and the transition of its members going through a reincorporation process into civil life, in order to contribute to greater governance, legitimacy and the effective enjoyment of the rights and freedoms of citizens.
Citizen participation: The measures will have the active participation of civil society, including the new political movement that emerges from the transit of the FARC-EP to the legal political activity and its members undergoing a Reincorporation Process into civil life.
Section 126.96.36.199. Protection measures, personal and collective security
The Political Participation Agreement contained "An Integral Security System for the Exercise of the Policy", as well as its contents regarding the security and safety guarantees for the people who are the recipients of this system should be complemented in order to provide security guarantees for the new political movement that arises from the transit of the FARC-EP's political party into the legal political activity and for its members - men and women - undergoing a process of reincorporation into civilian life. This is in addition to the application of the model of prevention, security and protection of the territories and the measures of intangible protection defined within the framework of the "Agreement of Political Participation, democratic opening to build peace".
Section 188.8.131.52. High Level Body for the Integral Security System for the Exercise of the Policy
In compliance with the provisions of section 184.108.40.206, item a, regarding Political Participation, the High Level body will have as its purpose the implementation of the Security System for the exercise of the policy, guaranteeing its functioning, coordinated work and supervision. In the same way, it will be the space for dialogue and follow-up for the security and protection of the members of the political and social parties and movements, especially those who exercise opposition, and the new movement that emerges from the FARC-EP's transition to legal political activity and its members undergoing a Reincorporation Process into civil life.
Section 220.127.116.11. Presidential Delegate:
The President of the Republic will designate a delegate assigned to the Administrative Department of the Presidency, who will be in charge of the Technical Secretariat of the High Level Body, and will be responsible for the planning, reporting and monitoring (Agreement 18.104.22.168, item a) and of coordinating and overseeing the protection and security measures adopted in this topic. It will maintain a permanent dialogue with the members of the political and social parties and movements, human rights defenders, including the political party that emerges from the transit of the FARC-EP into the legal political activity and the members of the FARC-EP in process of reincorporation to civil life.
Item 22.214.171.124.2 Technical Safety and Protection Panel: Identify the needs in terms of human, physical and budgetary resources required for the implementation of the Strategic Security and Protection Plan, so as to guarantee the rights to life and integrity personnel, freedom, mobility and security, of the members of the new party or political movement that arises from the transit of the FARC-EP into the legal political activity and the members of the FARC-EP undergoing a Reincorporation Process into civil life given their risk situation derived from the exercise of their political, public, social or humanitarian activities or functions and their families according to their level of risk.
Section 126.96.36.199.5 Self-protection measures
A self-protection training process will be initiated for the security oriented to the members of the FARC-EP undergoing a Reincorporation Process into civil life and the new political movement that may arise from the transit of the FARC-EP to the legal political activity, for which the National Government will provide the new political movement with the tools and sufficient resources to make this purpose effective.
AGREEMENT FOR THE DEVELOPMENT OF ITEM 23 OF THE "AGREEMENT TO CREATE A SPECIAL JURISDICTION FOR PEACE"
- In the event that the Special Jurisdiction for Peace becomes operational, as well as from the moment it becomes functional for the cases provided for in the following section, the decision to release, transfer and supervise the control measure and guarantee of the Special Jurisdiction for Peace regarding the released prisoners will be determined by the Review Section of the Court for Peace, which shall be executed in the same places where the process of reincorporation into civil life is agreed to for the rest of the members of the FARC-EP or in other domiciles that may be proposed by the former prisoners.
- If the Special Jurisdiction for Peace has not entered into operation, the authority determined by Amnesty Law shall decide on the release, control and guarantee measures of the Special Jurisdiction for Peace and shall provide that the verification mechanism of the Special Jurisdiction for Peace that is agreed by the parties, in accordance with the provisions of section 6 of the General Agreement of August 2012, is responsible for ensuring that these persons are at the disposition of said jurisdiction in the same places where the process of reincorporation to civil life is agreed upon for the other members of the FARC-EP or in other domiciles that may be proposed by the former prisoners, with the prior approval of the authority, all of which will be verified by that same verification mechanism of the Special Jurisdiction for Peace agreed by the parties in accordance with the provisions of section 6 of the General Agreement of August 2012. The authority or mechanism established in the Amnesty Law will be responsible for the transfer of the released persons to the places where they will be available to the JEP. Persons released from prison, at their own discretion and with the prior approval of the competent authority, will be transferred to their domicile, the places where the process of reincorporation to civilian life of the FARC-EP takes place, or to any other place they propose to the mechanism or competent authority to decide on it. The members of the FARC-EP and well as persons who do not recognize themselves as such, and until the Special Jurisdiction for Peace becomes operational, will be under the supervision of the verification mechanism indicated above and determined by the parties.
Point 188.8.131.52. Concrete actions to contribute to reparation
The FARC-EP is committed to the process of reincorporation into civil life, and as part of that process, to carry out actions to contribute to reparation for damages caused, which may include, among others, participation in infrastructure reconstruction works in the territories most affected by the conflict, participation in the programs for cleaning and decontaminating the territories from landmines, improvised explosive devices and unexploded ammunition or explosive remnants of war, the participation in the programs of substitution of illegal crops, the contribution to the search, location, identification and recovery of remains of dead or missing persons in the context and on the occasion of the conflict, and the participation in programs to repair environmental damage, such as reforestation.
Point 184.108.40.206.2. Collective reparation plans with a territorial approach
Measures of coexistence and reconciliation:
Measures aimed at addressing the damage to the social tissue and promoting coexistence within communities including victims, former members of paramilitary organizations, members of the FARC-EP undergoing a Reincorporation Process to civil life and also to third parties that may have had some participation in the conflict, as well as measures to build and strengthen trust between public authorities and communities.
Point 220.127.116.11. Adequacy and participatory strengthening of the Comprehensive Care and Reparation Policy for victims in the context of the end of the conflict and contribution to the material reparation of the victims
Recognize the direct and indirect victims of serious violations of human rights or breaches of IHL who have also been combatants. The reparation measures for members of the FARC-EP that have been victims will be discussed in the Agenda item regarding the reincorporation process. Simultaneously, the National Government will strengthen the measures of attention and reparation for the members of the Public Force, victims of serious violations of human rights or infractions of IHL.
6.1.3. Other measures to help guarantee the implementation of the agreements
The participation of the business sector in the implementation of agreements will be promoted to help guarantee productivity, market access and, in general, the sustainability of the projects contemplated, among others, in the Integral Rural Reform, the National Comprehensive Crop Substitution Program and the plans to reincorporate into civil life.
In the framework of the discussion on reincorporation measures, the measures of contribution to the material reparation of the victims, including the contribution of the FARC-EP, will be determined.
Point 6.2.3. Safeguards and guarantees
e. Regarding victims of the conflict: "Integral System of Truth, Justice, Reparation and Non-Repetition"
A special harmonization program for the reincorporation of the disengaged belonging to ethnic groups who choose to return to their communities, to guarantee the restoration of territorial harmony will be concluded with representative organizations of ethnic peoples. A pedagogical and communicative strategy of dissemination of the principles of racial and ethnic non-discrimination of women, young people and girls disconnected from the conflict will be completed.
Point 6.3.3. United Nations verification mission
The National Government and the FARC-EP will request from the United Nations, through the General Assembly, a Political Mission with a mandate to verify the reincorporation of the FARC-EP and the implementation of protection measures and personal and collective security. This mission will begin its activities once the mandate of the bilateral and definitive cease-fire and hostilities verification mission is completed. Recognizing the importance of having an international verification mechanism to ensure the implementation of the agreement on reincorporation and security guarantees, the National Government and the FARC-EP believe that the verification system in place must ensure its operation for a period of three (3) years that are renewable if necessary.
6.4.2. International accompaniment on Section 3.2 Reincorporation:
- European Union
- OCLAE (Continental Latin American and Caribbean Student Organization)
This agreement invites the countries, institutions and organizations that are part of the international accompaniment component to contribute with the financing of the aspects related to the implementation of the agreements. In the theme of Reincorporation, the Organization of Ibero-American States for Education, Science and Culture (OEI) is asked to support the process of reincorporation into civil life. Likewise, the Government of Germany will be asked to be part of the accompanying countries that will support the issues referred to in Point 5, in relation to the themes of Victims and Special Jurisdiction for Peace (JEP).