Update VII: Status of Colombia s Peace Process

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1 Update VII: Status of Colombia s Peace Process As a key stakeholder in the U.S.-Colombia bilateral relationship, we want to keep you up to date on Colombia s Peace Process. Since our last update on November 11, President Juan Manuel Santos announced on Saturday, November 12 that a new Peace Agreement has been reached. President Santos said: Forty days ago, on October 2, as soon as it was published, I recognized the result of the plebiscite, which did not obtain the majority of the votes. That result, instead of paralyzing the country and drowning us in uncertainty, we had to make it a great opportunity to unite around the desire for peace expressed by all, regardless of whether we voted Yes or No on that day. That was my reaction and for that reason I started from that night a great national dialogue for unity and reconciliation. The goal was clear: Listen. Listen to the voices of all Colombians, collect their hopes and concerns about the agreement. It was necessary to reach an agreement - strengthened by such adjustments and changes - that would reflect the feelings of the vast majority of our compatriots and thus build a broader, deeper peace. It was necessary to work without rest, with dedication and methodically to have the agreement that would meet the aspirations of the Colombians without putting at risk everything achieved during six long years of negotiations. So we did. We worked hard, honestly, generously, frankly and with open mind and spirit both in Colombia and in Havana. Everyday. Long hours. We received more than 500 proposals from all sectors: social, religious, victims, political parties. They were grouped into 57 topics for discussion with the FARC. All, absolutely all, were discussed in depth with the FARC and defended by the government delegation with total loyalty and fidelity to what was expressed by the different sectors. We achieved precisions, adjustments and changes in 56 of the 57 topics covered.

2 The Democratic Center, some Conservative leaders who voted No, coalition parties for peace, the church, high courts and magistrates, religious and social organizations, businessmen, hundreds of thousands of young people who mobilized, trade unions, indigenous and Afro-descendant communities, victims, retired military personnel, women s movements and those who reiterated their support for the agreement all contributed their ideas and proposals to adjust the agreement. To all, thank you. Your initiatives helped to achieve this new agreement that now belongs to everyone.... This agreement is strengthened with the contributions from citizens. We are going to divulge it widely tomorrow so that it is known by all. Today I have met with former President Uribe in Rionegro for three hours, and I have spoken several times with former President Pastrana and former Minister Marta Lucía Ramírez. All No spokespeople will receive the texts no later than tomorrow. I want to highlight the most important changes that were made: One of the issues most demanded by Colombians was for the FARC to hand over their assets and the money they have available to repair victims. That was achieved. In the new agreement, the FARC will have to declare and deliver all of its assets, under penalty of losing benefits, which will be used to repair the victims. A generalized claim of the No s and the Yes s was to define what the effective restriction of freedom consisted of, since it was criticized as imprecise. That was achieved. The Court must determine in each case: The specific spaces where they should be sanctioned during the execution of the penalty (which will never be larger than a Transitional Standardization Zone); The schedules in which they must comply with the restorative sanctions; Establish the place of residence during the execution of the sanction; Impose on them the duty to request permission to leave the areas where they comply with the sanction; and Indicate the periodicity with which the verification body must report on compliance with the sanction. It was also established, and that was another request from supporters of the No, that the time they spend in the transitional zones of normalization will be taken into account as part of the sanction, provided that during that period they carry out reparation activities.

3 We heard valid comments from various sectors, including our high courts to improve and articulate transitional justice with our ordinary judicial system. An express request was for a time limit to be placed on the Special Jurisdiction for Peace. That was achieved. It will work for up to 10 years and will only receive research requests during the first two years. It was also established that NGOs cannot act as prosecutors and accusers. Another issue that many demanded was that there should be no foreign judges. That too was eliminated. All will be Colombians and will have the same qualities of the judges of our courts. One of the main concerns of the Democratic Center was respect for private property, private initiative and no one to be expropriated outside the law already in force. All this was achieved and ratified, as former President Uribe expressly requested. Let there be no doubt: The right to property will be respected. Some concerns have arisen over agrarian legislation that are not part of the Cartagena Agreement, but which we know must be addressed. For this reason, we decided to set up a commission of experts to review those issues. We made it absolutely clear that under this agreement no new agrarian reserve areas were authorized beyond the normal process according to the current legislation on these areas. Several groups of businessmen expressed concern about the potential impact of post-conflict investments on macroeconomic stability. To ensure peace of mind, it was expressly included that the implementation will be done with respect to the principle of fiscal sustainability, and the implementation period was extended from 10 to 15 years to reduce the fiscal pressure, if any, and not affect in any way the government s priority programs. The implementation of the agreement was another topic on which we received comments and proposals. Some were worried that there would be some sort of co-government with the FARC for implementation. It has now become much clearer that the government will be the only one - the only one - responsible for implementation. Yes, there will be a commission that will monitor, boost and verify compliance with the agreements. A concern shared by many Colombians, and in particular the church and religious organizations, was that the peace agreement could contain elements of the so-called gender ideology and affect the values of the family.

4 Well, that subject was carefully reviewed by the Catholic Church, by Christian pastors and other spokesmen of the No. Modifications were made to ensure that the so-called gender ideology is not present - never was - even in a suggested way. What has been made clear is that this chapter seeks to ensure that women, who have suffered especially from this terrible conflict, are treated with priority and that their rights as victims are fully protected. The new agreement was incorporated into the principles of equality and nondiscrimination, freedom of worship, and family and religious leaders were recognized as victims of the conflict. That was another express request. [W]ith all humility, I want to recognize that this new agreement is a better agreement. Looking back, the result of the plebiscite opened the opportunity for us to unite and I want to express thanks once again for the willingness and goodwill with which all the spokesmen participated, especially those of No. This peace agreement with the FARC reflects the proposals and the ideas of all who participated in this great national dialogue. It answers and clarifies the concerns that many had before In addition to bringing an end to the conflict and violence with the FARC, this agreement seeks to ensure that the peace we build from now on is not only the peace of the silence of arms, but the peace of reconciliation and respect for differences. Below is a timeline of major events and meetings that have occurred in Colombia since our last update. November 12: President Santos announces that a new Peace Agreement has been reached with the FARC and details changes made to the agreement across a number of areas, from the FARC being required to declare their assets to repair and restore victims to the protection of property rights and greater precision around the issue of transitional justice, among other adjustments. November 9: President Santos announces advances in negotiations in Havana between the government and the FARC on access to land, drug trafficking and other issues.

5 President Santos said: [W]e remain dedicated to working tirelessly to define and reach a new peace agreement with the FARC an agreement that reflects and includes as many proposals as possible that the Colombian people gave us in the development of the national dialogue. The negotiating team continues to concentrate in Havana, discussing all the points that require revision, adjustment or precision. Already they have spent more than seven full days there, with long work sessions between 12 and 14 hours each. I want to share with you the progress made to adjust and strengthen the agreement in line with the proposals received from all sectors. In the area of rural development, it was pointed out that programs for farmers include activities such as agro-industry or tourism to generate employment and opportunities in post-conflict situations. [W]e keep alive the commitment to the countryside through a policy of recovery for the agrarian family, which promotes equitable access to land and creates decent living conditions. Politically, we have proposed that the Electoral Mission should include all parties. Their participation is key to strengthening democracy and electoral transparency. The Cartagena Agreement took an immense step in the fight against the world drug problem. The FARC pledged to break all ties and to cooperate in overcoming this phenomenon. Now, in the New Agreement, this cooperation has been achieved to make it clearer and more effective. In order to tackle the problem of drug use more effectively, the role of the family and religious groups in the prevention and care policy is strengthened. On gender, I confirm what I have said before various religious groups: the gender approach is not gender ideology. What is sought is to recognize the major impact of the conflict on women, their rights as victims and their role as victims for reconciliation. That was expressly included. Faced with the fundamental issue of Justice, we are proposing greater participation of the victims at the table to satisfy their proposed adjustments to the Agreement. As you can see, the process of adjustment and revision of the agreement continues to advance, always using and defending the proposals received for that purpose. At the same time, we continue to keep the different spokespeople informed on a daily basis about the progress and difficulties of this task.

6 We re going forward. We are achieving, as I promised to do, adjustments to the Peace Agreement so that in the new text all are reflected and represented. November 7: President Santos announces advances in negotiations in Havana between the government and the FARC on private property protection, eradication of illicit crops and the rural development model. President Santos said: As I have been doing in recent weeks, I want to share some of the progress we have made in the process of defining and achieving a new peace agreement with the FARC. Work this month and particularly in the last week is moving ahead simultaneously in Colombia and in Havana. The negotiating team met with spokesmen for the No [vote] in Bogotá. Thanks to careful and detailed work over long hours, we were able to review all proposals point by point. The more than 500 proposals on 57 topics were summarized, with options and alternatives that can be discussed and evaluated with the FARC to reach robust and broad national support for an agreement. The government s negotiating team traveled to Havana last Thursday to work without pause or rest, in the negotiation of a new agreement. Difficult points have been dealt with, as Colombians know. But with clear purpose, and with the willingness of the two sides, there are very important advances. In terms of rural reform, land and agrarian development, we have made adjustments in line with what has come to us from different groups, in particular to reiterate respect for private property. Moreover, the right to property is strengthened to avoid future conflicts over land. In the area of the fight against illicit drugs, they have also made changes that respond to the proposals received during the last month. The goal is always the same: firmly combat drug trafficking and offer real alternatives for legal development to rural communities. Similarly, we have made progress in the adjustments and changes to the chapter on democratic openness and opportunities for citizen participation. I remind you that this issue has to do with the expansion of mechanisms so that you, Colombians, can express your voice and be part of the decision making

7 that concerns you. The work has been very intense. We have a long way to go, issues to be resolved. That is why the negotiating team will continue to work tirelessly to successfully complete the mission of reaching a new agreement, with the adjustments and precisions that reflect the feelings of the great majority of Colombians. This new agreement, this tightened and strengthened agreement, will open the door to peace and reconciliation. And we all know it, we feel it. With peace, without conflict, without victims, with justice and reconciled Colombians, our country will enter a stage of progress and well-being, with more equity and better opportunities for all. That is the goal, that s the prize we have to achieve, that is the future we deserve and we want to leave our children. Let s reach for it. And we ll do it soon. November 5: Before leaving Colombia to join the negotiating team in Havana, Cuba, the government s chief negotiator, Humberto de la Calle, reports to President Santos the outcomes of meetings with the leadership of the No vote.

8 November 4: Members of the government s negotiating team arrive in Havana to begin reviewing with the FARC the proposals received as part of the National Dialogue. November 3: President Santos instructs government negotiators to return to Havana after a series of meetings with representatives of the No vote, and tells them to not stop at the negotiating table until an agreement is reached. President Santos speaks in Belfast about Northern Ireland s peace process and lessons learned and observed in the context of Colombia s Peace Process. President Santos said: The peace process is an inspiration for us, for me personally. And I have followed the perseverance, attitude, tenacity with which you were able to leave behind the terrible conflict in Northern Ireland. I hope that the Colombian people can see what has happened here in Belfast. I can see how investment has transformed the city... And I think we can do exactly the same if we achieve peace. And that is precisely why I am here. I am here to congratulate

9 them for what they are doing and also to see firsthand what happened in Belfast and bring this experience to my country. November 2: President Santos lays out possibilities under the Constitution to approve a new Peace Agreement. During his visit to the United Kingdom, President Santos delivers remarks at the London School of Economics and reiterates that Colombia will not disappoint the hopes of Colombians nor the efforts of the international community that has supported this process so generously. British Prime Minister Theresa May expresses support for the Peace Process: I want to pay tribute to the President s relentless and resolute efforts to reconcile and rebuild his country. We know from our own experiences that peace-building takes time, perseverance and patience. The United Kingdom will remain a steadfast supporter of President Santos and the Colombian people as they work to secure a final and lasting peace agreement. November 1: In an address before members of the British Parliament, President Santos says: Today I can tell you, honorable members of the British Parliament, I am convinced that after this national dialogue, we will have a better and more legitimate peace agreement for all Colombians. We will achieve peace that is not only stable and durable, but wider and deeper. I can assure you that in Colombia, peace will prevail.

10 Queen Elizabeth expresses support for the Peace Process. I am sure our shared future will be bright, because we are two old-time allies who strive for peace and prosperity. When you have faced some problems in the past, getting to sign a peace agreement contrary to the expectations of many testifies to your determination and the people of Colombia. That is why I am very pleased that in the face of such a challenge you have been given the highest recognition and your effort has been recognized with the Nobel Peace Prize. October 30: In Barranquilla, President Santos highlights progress in meetings with representatives of the No vote on a new Peace Agreement. President Santos said: Meetings with the different 'No' groups have developed in the right direction. Yesterday the negotiators were in [meetings for] eight hours. Part of the negotiating team of Humberto de la Calle met with Álvaro Uribe and there were important advances I am optimistic. We have all the will and willingness to unite all around a new peace agreement that we can implement as soon as possible. October 27: Presidents of Ibero-American business organizations issue a formal declaration in support for Colombia s Peace Process. October 23: President Santos addresses the nation and provides an update on the National Dialogue and the status of the Peace Process. October 20: President Santos addresses the nation and provides an update on the National Dialogue. President Santos meets with representatives of organizations from the indigenous, agricultural and Afro-Colombian communities, as well as the National Peace Council, which brings together a diverse group of social actors to advance dialogue on peace and overcoming conflict. The President also meets with victims of the conflict, as well as delegates from various political parties, including Polo Democrático, Alianza Verde, Así, Mais y Mira. October 19:

11 The UN Security Council announces support for the mandate of the UN Mission in Colombia to continue monitoring the ceasefire, which the President extended last week. October 18: President Santos delivers an address to the nation to provide an update on the National Dialogue and announces the government will continue receiving proposals for a new Peace Agreement until Thursday, October 20, at which point these proposals will be shared with the FARC. October 15: President Santos announces three municipalities are free of suspected antipersonnel mines. Demining is a critical part of Colombia s road to peace, for which the nation has widespread commitments of support from the international community. October 13: President Santos meets with Secretary General of the Organization of American States Luis Almagro to discuss pathways toward consolidating peace. President Santos announces the extension of the bilateral ceasefire and end of hostilities agreement between the government and the FARC. October 12: President Santos addresses the nation to provide an update on advancements in the National Dialogue, which has included meetings between the government and its negotiating team and political stakeholders, religious leaders, the indigenous community and the private sector, among others. In various major cities across the country, the Colombian people participate in peace marches led by relatives of victims, social movements, indigenous communities and young people all unified for peace. October 11: President Santos holds meetings with victims, religious leaders and former Inspector General of Colombia Alejandro Ordóñez, respectively, to hear their views on the peace agreement, gender issues, transitional justice and sentences and agrarian issues. Colombian artist Doris Salcedo leads and Colombians participate in the creation of a giant white flag in memory of victims of the conflict and in a show of solidarity and unity for peace.

12 October 10: President Santos announces that peace talks with the ELN will begin on October 27. More than 2,000 members of the indigenous community from the departments (states) of Cauca, Valle del Cauca, Huila, Caquetá, Nariño, Cundinamarca and Magdalena express their full support to President Santos to persist in the search for peace. October 9: During a visit to Bojayá in the department of Choco, President Santos announces that he will donate the money received as part of the Nobel Peace Prize award to victims of the conflict. October 7: The Norwegian Nobel Committee awarded the 2016 Nobel Peace Prize to President Santos. October 5: Following the announcement, President Santos said: Infinitely and with all of my heart, I am grateful for this honorable distinction. Receiving this is not just for me, but for all Colombians, especially the millions of victims left by this conflict we have suffered over more than 50 years. Colombians, this award is yours. It is for the victims. Not a single victim more, nor one death more. We should reconcile and unite to complete this process and start building a stable and lasting peace. I receive this recognition with great humility and as a mandate to continue to work tirelessly for peace for all Colombians. To this cause I will devote all my efforts for the rest of my days. Thank God, peace is near. Peace is possible and it is time for peace. Together, together as a nation, we will build it. I invite everyone to join forces, our minds, our hearts, in this great national pursuit, that all may win the most important prize: Colombia in peace. President Santos meets with former Presidents Andrés Pastrana and Álvaro Uribe at the Presidential Palace to find common denominators and to hear their concerns and observations. The meeting with former President Uribe was a four-hour working meeting with the Colombian government s negotiating team and members of Uribe s political party,

13 which led the No vote. U.S. Secretary of State John Kerry calls President Santos to further express support from the United States for the efforts to advance inclusive dialogue to achieve lasting peace. October 4: President Santos announces the extension of the bilateral ceasefire and end of hostilities agreement between the government and the FARC. President Santos meets with Colombian business leaders and religious leaders to hear their perspectives, respectively. October 3: President Santos declares the opening of a National Dialogue for Unity and Reconciliation and appoints delegates to begin a dialogue with the supporters of the No vote. The U.S. and EU governments express support for Colombia and the Peace Process and the continued dialogue. UN Secretary General Ban Ki-moon reaffirms the UN s commitment to the Peace Process and praises the government and FARC for their post-plebiscite positions on continuing to pursue peace. Here in Washington, Ambassador Pinzón is meeting with a wide range of stakeholders, including congressional staff and representatives from nongovernmental organizations, think tanks and the U.S. business community. He has delivered remarks at American Enterprise Institute, George Washington University Elliott School of International Affairs, Americas Society / Council of the Americas, the Inter-American Dialogue and Georgetown University s Edmund A. Walsh School of Foreign Service. We will continue to update you as the process moves forward. Get to know Colombia. Learn more at Stay Embassy of Colombia on Facebook