Professional Documents
Culture Documents
The 2016 Final Peace Agreement2 between the Republic of Colombia and the
FARC guerilla marked a new era in conflict resolution, the impact that the Accord has
is not only limited to the Colombian context, it serves as an example for all the present
and future peace process and peace initiatives, especially those related to the Israeli
Colombian conflict. The 2016 Final Peace Agreement is the result of five years of
negotiation and was achieved after a series of previous and rather unsuccessful
negotiation attempts (as well as critical moments during the process itself), as Melo
(2017) has evidenced negotiations with the different guerilla groups started in 1986,
having partial success in 1990 when minor guerilla groups such as the M-19, the EPL
However, the enthusiasm of the 1990 Agreement was diminished when the
biggest guerrillas —FARC and ELN— retreated from the process and formed the
actor while still committing violent actions - some of them even qualified as terrorism -
to put pressure on the government, this as Jaimes (2016) described, ended in the
failure of the 1991 Caracas and 1992 Tlaxcala negotiations and made clear the
strength of the military and territorial capacities of these groups were much bigger than
thought. Nonetheless, the mentioned author highlights one document result of these
1
Student of the Master Dynamics of Cooperation, Conflicts and Negotiation in International Relations and
Diplomacy at Universidad Alfonso X El Sabio (Spain).
2
Official Name: Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace (or, AFTCP).
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process that latter served as a base to start the 2011 negotiations, the “Twelve
proposals to construct a peace strategy” (CGSB, 1992) which arose the concern for
an Agrarian Reform, which was the first point of the 2016 Final Agreement.
The 1992 failure was followed by the 1998 Caguan process, Ríos (2015) offers
a closer look, this negotiations were characterized by the partial clearance or territorial
of Switzerland (42.000 km2) to the FARC guerilla, a condition imposed by this group
even before dialoguing. In addition, the agenda proposed was too broad and did not
count with real political willingness by FARC commanders thus leading to another
failed process as Ríos (2015) concludes. This 1998 initiative is highly remembered
because of the infamous ‘silla vacía’ (empty seat) incident, in which the Colombian
president opening the negotiations, Andrés Pastrana, was photographed while waiting
for the FARC representative, Manuel Marulanda, who never showed up at the event3.
The combination of the guerrilla strengthening and their lack of will to negotiate
made that the 1992 – 2002 period is historically seen as a lost decade in peace terms,
not only because of the multiple failures regarding negotiating peace between the
FARC guerrilla and the government but because of the almost exponential increase
By 1992 there were 81.055 victims of illegal conducts4 related to the conflict while in
2002 the number of victims ascended to 877.346 (RNI & RUV, 2020), being
3
This incident was photographed and latter a chronicle was made by the newspaper El Espectador, available
at: https://www.elespectador.com/colombia2020/pais/cuando-marulanda-dejo-la-silla-vacia-articulo-854548/
4
The National Network of Information (Red Nacional de Información, 2020) describes as illegal conducts
related to conflict the following: Abandon or forced land cession, Terrorist Attacks (combats included),
Threatening, Confinement, Crimes against freedom and sexual integrity, Enforced Disappearance,
Displacement, Homicide, Personal and Physical Injury, Personal and Psychological Injury, Landmines (and those
related), Disposal of movable and unmovable properties or assets, Kidnapping, Torture, Child Recruitment, and
Others.
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displacement and homicide the most common form of violence seen in the Colombian
reinforced by the economic crisis that hit the country at the end of the twentieth century
and that was, in Kalmanovitz (2010) words ‘winding and slow’ which made
recuperation much harder. In such a context the already beaten Colombian society
started to support much more an extensive military strategy to end the conflict rather
As a result of this general feeling of defeat and failure the 2002 presidential
elections represented an opportunity for change in the country, the highly controversial
ex-president Alvaro Uribe Velez won by a broad margin and governed during two
periods until 2010. Uribe offered a different approach to the resolution of the conflict
based on his “democratic security” thesis, these ideas seemed much more appealing
to civil society rather than the negotiated solutions offered by politicians since 1986.
The “Democratic Security” policy was characterized by the strengthening of the military
and police forces by having more than a hundred-thousand new members in these
bodies and the improvement of methods and weapons used in war alongside an
(creation of paramilitary groups or false positives, e.g.) as Pachón (2009) has noted.
Uribe’s ‘Democratic Security’ was partially effective as promised and led him
and his party to popularity levels not seen before, the reduction of violence in urban
areas was highly evident in any source consulted, even the daily-conversations within
citizens showed how the feeling of being secure was broad, certainly operations such
as “Jaque” or “Fénix” remarked the military success and the FARC’s debilitation and
raised Colombians moral, but as proposed by some authors, specially Melo (2017) the
conflict reached a point in which the military capabilities were high and effective but
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limited and the guerilla still had dominance over peripheral territories, in fact, violence
in rural areas persisted and the number of victims remained somewhat steady, as will
be shown further.
As expected, no peace negotiations were made with the FARC guerilla during
Uribe’s period (2002 – 2010), and although there were advances on security nothing
was reached in peace terms with this armed group. It is worth noting that having and
feeling secure is much different that having and feeling peace, especially in a society
that by 2010 had already being involved in a 50-year conflict not only with guerillas,
criminal groups in urban areas. Yes, Colombia was indeed a much secure place, but
not a peaceful one, and that configured a much different context. If seen from
Galtung’s (1998) ABC triangle perspective, direct violence, cultural violence nor
structural violence were eradicated from the Colombian context, they were only
partially repelled by law enforcement, security was very fragile and peace did not exist.
that the number of victims of the Conflict remained somehow steadily during Uribe’s
period (2002-2010), with a high spike in 2002 as has been mentioned before and a
(550.000) per year between 2003 and 2008 (RNI-RUV, 2020), only in 2009 the number
Defense Minister and the fact that he was leading his own campaign for the 2010
presidential elections.
elections, Santos was elected president and just as Uribe did, broke all ties with the
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previous administration, and in 2011 decided to start secretly dialoguing with the
FARC as this group was relatively weakened as a result of the pressure generated by
eight-year ‘Democratic Security’ policy and internal organizational issues that put them
in a much different position, as Melo (2017) argues, the debilitation was real and
Santos took the opportunity, always having in mind that FARC members
reincorporation to civil life and the avoidance of impunity must be the priorities of a
From an academic perspective it has been identified that conflicts must reach
Mutually Hurting Stalemate and surges ‘when the parties find themselves locked in a
conflict from which they cannot escalate to victory and this deadlock is painful to both
of them (…) they seek an alternative policy or a way out’. In the Colombian case for
Ríos (2018) ripeness was achieved as the FARC realized that getting to political power
through armed conflict was nearly impossible, in addition, despite the huge investment
on war and security the State wasn’t getting the expected results and the conflict was
only focalizing in very punctual areas such as the borders with Ecuador and
Ripeness or the Mutually Hurting Stalemate of conflict made possible that both
parties started to negotiate (alongside their political will to do so), according to the UN
Mission in Colombia (2017) the process formally began in the 17th of October of 2012,
following the declarations of president Santos that the dialogues would start in Oslo
(Norway) and then would be transferred to La Habana (Cuba, later known as The
and guaranteed by third-countries which acted as observers: Chile, Cuba, Norway and
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Venezuela, meaning that any agreement reached would have the recognition and
Much more interesting is the fact that the dialogues started in the midst of the
conflict and it was not until 2014 that two major events took place, the first is that the
victims would participate into the Habana Dialogues, something remarkable in peace
process terms, as a third-party was involved and represented the victims of the other
two. Secondly, the FARC declared a ceasefire for an undetermined period of time,
negotiations would not take place under direct confrontation between parties anymore.
Later in 2016 The Habana Dialogues would find their own ripeness too, just a
little different, as the dialogue’s ripeness meant that the negotiators agreed upon
seeking the UN support by asking for a UN Security Council resolution (res. 2261 of
2016) that would create a UN verification mission to check the mutual and definitive
ceasefire and the demobilization of FARC’s weapons and soldiers (UN Mission in
Colombia, 2017)
composed of 3 phases, the first one being the exploratory phase where the conditions
for The Habana Dialogues were set alongside the short but meaningful 6-point
Negotiating Agenda5. According to the CIDOB (2017) the second phase was the end
of conflict phase, in which the dialogue unfolded and ended with Final Agreement
signature by the parties representatives on the 24th of August of 2016. But the crucial
and definitive phase is the third, the peacebuilding phase, the more challenging one
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The six points of the 2016 Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace
were: (i) Integral Agrarian Development, (ii) Political and Civil Participation, (iii) End of Conflict, (iv) Illicit Drugs,
(v) Agreements upon the Victims of the Conflict, and (vi) Implementation, Verification and Agreements
Endorsement.
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as it can take up to ten years (CIDOB, 2017) to become a reality and will only end
which has been under pressure given the different political changes within government
since 2018, as reported by the Kroc Institute for International Peace Studies (2020),
the Final Agreement needs still to prioritize the implementation of the points one, two
and four6. Moreover, the Kroc Institute suggest the urgent need to strengthen the
mechanisms created for verification and implementation of the 2016 Final Agreement.
It is worth noting that this Institute has created a matrix to quantify the rate of
implementation of the agreements but unfortunately Colombia has not been included
Out of the six points of the 2016 Final Agreement the aforementioned End of
Conflict and Agreements upon the Victims of the Conflict points are fundamental to
aspects are included, which even if they are not implemented effectively as planned,
they are strategies worth to take into account by other peace processes to include and
rely on.
End of Conflict has three strategies to make the 2016 Final Agreement effective
to establish minimum conditions for its implementation, in this regard, the Government
and FARC agreed to a bilateral and definitive ceasefire accompanied by the weapons
withdraw of the now ex-FARC members (AFTCP, 2016). One of these strategies is
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Ibidem.
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the Mechanism of Monitoring and Verification (MM&V) which was created and
conceived as a technical mechanism that would oversee the bilateral ceasefire and
the weapons withdraw, it works in a national, regional and local scale, and it is
integrated by members of both negotiating parties and two neutral actors belonging to
The fifth point of the 2016 Final Agreement was all about Victims7, the
government and the FARC created the Integral System of Truth, Justice, Reparation
reestablishing the Victims Human Rights and the clarification about the Truth of all the
situations that took place in the conflict and that had repercussions in the Victims life’s.
The mentioned System included the Special Jurisdiction for Peace (known as JEP),
which is in charge of managing the transitional justice in order to known the illegal
conducts committed within the conflict with an special focus on the most severe and
detractors in many times as its main function is to judge anyone involved in conflict.
Recently the JEP has showed its effectiveness as their work regarding the
guerrilla soldiers killed in combat) discovered that the actual number of Colombian
citizens victims of the ‘false positives’ conduct were not 2.249 as it was assumed but
6.402 (DW, 2021), a shocking revelation for the country, the victims’ families and the
7
The 2016 Final Agreement recognizes as victims all the Colombian citizens and their families that regardless
of their origins, socioeconomic conditions or any other characteristic, were affected by the country,
considering physical and psychological harms product of actions made by the Conflict actors (AFTCP, 2016).
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As mentioned at the beginning of the present paper, both Colombian and the
Israeli - Palestine conflict have common characteristics that makes feasible that some
of the experiences of Colombia serve for a future dialogue and, hopefully, a peace
process between Israelis and Palestinians. The first shared element is the long-time
existence of the conflicts, then the use of terrorism as a form of violence and lastly that
both cases have a large number of victims which are often not taking into account in
The first lesson is that any future initiative between Israelis and Palestinians
must include a justice compound similar to the JEP, as this will allow actors to create
fair conditions to build peace and to avoid the ‘blame game’ about who was most
harmful, as in the Colombian case much probably an Israel – Palestine JEP would be
surrounded by controversy but parties must have in mind that without the existence of
an element that guarantees justice and Human Rights fulfillment is not possible to
A second lesson would be that both Israelis and Palestinians must evaluate if
failures and successes is possible that they notice if it is the correct time to dialogue,
addition it is relevant that Israelis and Palestinians acknowledge that the armed way
is not effective in order to achieve positive conflict resolution, as seen Uribe’s term
was successful in military terms but it did not reduced violence, instead it ended up
affecting two-million Colombian citizens which became part of the victims of the
Conflict.
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and Palestinians – is the fact that dialoguing must be backed a short, robust and
mutually agreed agenda that unavoidably should include the end of conflict, the victims
and mechanisms to effectively guarantee that all the agreements would be fulfilled by
both parties, the JEP and the MM&V are examples worth looking not only for the
mentioned middle east conflict but for anyone interested in achieving peace.
In previous dialogues and peace initiatives, the Colombian government did not
consider having a clear set agenda (and its relevant points) as the starting place to
dialogue, this could explain the constant failures that of the 1986, 1991, 1992 and
1998-1999 peace initiatives, also solidary or generous peace gestures are needed too
did when they declared a unilateral ceasefire, which later ended in the cease of
combats between the Government and the guerilla, a no minor event after 60 years of
confrontation.
Lastly, both sides should appeal to non-traditional State and non-state actors
to oversee the dialogue and the process, negotiating firstly in Oslo and then in the
Habana allowed negotiators to be isolated from local politics and from any threat that
could endanger such a fragile opportunity as dialoguing peace is. Much probably non-
traditional State and non-state actors can provide international approval and serve as
mediators which are not perceived as biased by any of the parties dialoguing. Much
more important is to have the UN Security Council support and their participation in
the first days of the conflict de-escalation. However, all of this can be successful only
“There is only one radical means of sanctifying human lives. Not armored plating, or tanks, or planes,
or concrete fortifications. The one radical solution is peace.” (Yitzhak Rabin in J.M., Santos, 2014)
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REFERENCES
https://www.jep.gov.co/Documents/Acuerdo%20Final/Acuerdo%20Final%20Fi
rmado.pdf
Barcelona Centre for International Affairs [CIDOB]. (2017). Dossier proceso de paz
en Colombia.
https://www.cidob.org/es/publicaciones/documentacion/dossiers/dossier_proc
eso_de_paz_en_colombia/dossier_proceso_de_paz_en_colombia/el_proceso
_de_paz_con_las_farc_ep
Cardona, J., & González, C. (2016). Cuando Marulanda dejó la “silla vacía”. El
Espectador. https://www.elespectador.com/colombia2020/pais/cuando-
marulanda-dejo-la-silla-vacia-articulo-854548/
Deutsche Welle [DW]. (2021). 'Falsos positivos' en Colombia: el Tribunal de Paz los
el-tribunal-de-paz-los-cifra-en-m%C3%A1s-de-seis-mil/a-56619244
Bakeas.
Especial-para-la-Paz.aspx
Kroc Institute For International Peace Studies. (2020). Punto por punto, así va la
http://peaceaccords.nd.edu/wp-content/uploads/2020/09/Informe-4-Punto-por-
Punto.pdf
https://unmc.unmissions.org/cronologia-0
Red Nacional de Información & Registro Único de Víctimas. (2020). Registro Único
https://www.unidadvictimas.gov.co/es/ruv/37385
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Ríos, J. (2015). Del Caguán a La Habana. Los diálogos de paz con las FARC en
Santos, J.M. [@JuanManSantos]. (April 30, 2014). “Hay una manera radical de
https://twitter.com/JuanManSantos/status/461488764427464704