You are on page 1of 6

La Habana, December 15 of 2015

Agreement about Victims of Conflict "Integrated System of Truth, Justice,


Reparation and no repetition", including the Special Court for Peace; and
Commitment on Human Rights. . And Commitment about Human Rights, including
the Special Court for Peace; and Commitment about Human Rights.

Compensate the victims is in the goal of the Agreement between the National
Government and the FARC-EP. In this purport in the talks in Havana, We have
discussed and get to agreements about point 5 of the agenda victims that
includes the sub point: 1.Human Rights of the victims and 2. Truth, trying to give
contents that satisfy the claims of those affected by the long confrontation
respecting whose todays political solution Through these new agreements and
significant de-escalation measures and agreements, we have given a fundamental
step forward for the construction of stable and lasting peace and the end of a war
of more than half a century has bled the country.

The National Government and the FARC-EP, considering the integrality that should
characterize the development of numerals included in the point Victims, began
their analysis assuming the "Declaration of Principles" of June 7, 2014, which
would be the base on which the issue would be discussed with respect to Which
we come to central agreements: 1. Integral system of truth, justice, reparation and
non-repetition and 2. Commitment to the promotion, respect and guarantee Human
Rights.

Inside this commitment includes transcendental agreements like the creation of the
Commission for the Clarification of Truth, Coexistence and non-repetition; The
Special Unit for the Search for Disappeared Persons in given the context and
because of the conflict; the Special Court for Peace and specific measures of
reparation.

All this components have been articulated within a Comprehensive System of


Truth, Justice, Reparation and non-repetition, which measures non-repetition are
also linked, adding that on this last topic, in addition to the coordinated
implementation of all the above measures and mechanisms, and in general all
points of the Final Agreement it will be implement additional to be agreed under
Point 3 - "End of Conflict" of the agenda of the General Agreement.

During the development of the discussions of the point 5 victims, It was launched
the Historical Commission and Victims of Conflict, which threw important
conclusions of diverse and plural content as far as the origins and the multiple
causes of conflict, the main factors and conditions that have facilitated or
contributed to the persistence of the conflict and the effects or most notorious
impacts of the conflict on the population, all of which has been seen as
fundamental to the work of the Commission for the Clarification of Truth,
Coexistence and not repeat input.

Other measures taken of first order under section 5 discussions "Victims have
been: the signing of protocols to advance measures and cleaning programs and
decontamination of the Territories with antipersonnel mines (MAP), Improvised
Explosive Device(IED) and unexploded ordnance (UXO) and explosive remnants
of war (ERW); Immediate humanitarian measures search, location, identification
and dignified delivery of remains of missing persons in the context and during the
conflict

The armed conflict, which has multiple causes, has caused suffering and harm to
the population unequaled in our history. Millions of Colombians victims of forced
displacement. Hundreds of thousands deads, tens of thousands of missing
persons of all kinds and a large number of groups and affected populations
throughout the territory, including rural communities, indigenous, Afro-Colombian,
black, palenqueras and raizales, and Rom, political parties, social movements and
trade unions, business associations, among others. Not forgetting other less visible
but no less painful forms of victimization, including sexual violence, psychological
effects, or simple coexistence with fear.

In recognition of this national tragedy, from the Exploratory Meeting 2012, we


agreed that compensation for victims should be at the center of any agreement;
and that the agenda for the termination of the conflict should be included an item
on the victims, as was stated in the General Agreement of 26 August 2012.

For the same reason, before addressing this point in the agenda we accorded the
mentioned "Declaration of Principles" that reflects that commitment to the victims
and has served as a compass talks to ensure that the overall satisfaction of their
rights to truth, justice, reparation and non-repetition, is in the center of the
agreement.
In parallel, we expanded the mechanisms of participation. More than 3,000 victims
participated in four forums in Colombia, organized by the United Nations and the
National University, and Sixty victims traveled to the Havana to give their direct
testimony for the negotiation table and offer their Recommendations, with the
support of the Episcopal Conference, the United Nations and the National
University. Without counting more than 17,000 proposals, by different means, sent
victims and other citizens to the negotiating table. Moreover 18 Colombian
women's organizations and 10 experts in sexual violence were heard by the
Bureau of Conversations in full.

Integral System of Truth, Justice, Reparation and Non-Repetition

In fulfillment of our commitment to put victims at the center of the Agreement and in
response to their testimonies, proposals and expectations, we hear from viva voce,
the national government and the FARC-EP. We agreed to create the Integral
System of Truth, Justice, Reparation and Non-Repetition, and for the same reason
we have taken the steps previously described.

He Integral System starts from the principle of recognition of victims as citizens


with rights; the recognition that there must be full truth about what happened; from
the principle of recognition of responsibility by all those who participated in a
directly or in a indirectly way in the conflict and if they were somehow involved in
serious violations of human rights and serious breaches of international
humanitarian law; the principle of satisfaction of the rights of victims to the truth,
justice, reparation and non-repetition, on the premise of not exchange impunities,
taking into account the basic principles of the Special Court for Peace, among
which provides that "the damage must be repaired and restored when it is
possible".

The end of the conflict should help to ensure the stop of violations and
infringements, and it is also an opportunity to ensure satisfaction of the Human
rights of the victims. The final termination of hostilities gives conditions for victims
to express themselves without fear and receive the recognition that they deserve;
one chance for all who bear their responsibility for the violations of human rights or
violations of international humanitarian law make the appropriate recognition; and
therefore an opportunity to implement more effective measures to ensure truth,
justice, reparation and non-repetition.
The International experience shows that the effectiveness of these measures is
better if it is applied in an articulated and complementary manner. Thats why the
system pretends to be integral, for the measures to achieve a maximum of justice
and of and accountability for violations of human rights and violations of
international humanitarian law occurred during the conflict. The integrity of the
system also contributes to the clarification of the truth of the conflict and the
building of an historical memory.

We understand that a comprehensive and genuine right of victims- in the


framework of the implementation of all other agreements also guarantees the
rights- are the basis of justice.

To fulfill this purpose and advance the fight against impunity, the Integral System
combines the judicial mechanisms that allow research and punishment of serious
violations of human rights and grave breaches of international humanitarian law, in
the terms established by the Special Court for Peace with complementary judicial
mechanisms that contribute to the clarification of the truth of what happened, the
search for missing loved ones and repair the damage caused to persons, groups
and whole territories.

In addition there will be created, outside the Special Court for Peace, judicial
mechanisms such as a research unit and the dismantling of criminal organizations

Including the criminal organizations that have been designated as a successor of


paramilitarism and their support networks, referred to in Section 3.4. Agenda of the
General Agreement.

Integral System has a differential and gender approach, which adjusts and
responds to the particular characteristics of victimization in each territory and each
population, and especially the needs of women and children.
The Integral System makes a special emphasis on restorative and remedial
measures, and aims to achieve justice not only retributive sanctions.

The system should also ensure both the legal security of those applying Measures
justice as Essential Element Transition to peace.

The success of the Integral System also depends on finding wider acceptance in
society.

Finally, the integrity of the system helps lay the groundwork for the recovery of
confidence, for coexistence in a field of peace building, and for true reconciliation
between all and all Colombians.

Objectives:

In summary the different measures and mechanisms of the Integral System must
contribute to achieving the following objectives:

Satisfaction of victims' rights, by combining mechanisms of judicial and extra-


judicial.

Accountability, by establishing responsibilities, all participants in the conflict,


directly or indirectly, combatants or non-combatants, must take responsibility for
serious violations and abuses committed in the context and because of the armed
conflict.

You might also like