Fredprocess

 

Nationell konvention

 

NATIONAL LIBERATION ARMY

 

A.      ABOUT A POLITICAL SOLUTION TO THE INTERNAL ARMED CONFLICT

 

B.    Vision of the conflict:

 

“Even though it is paradoxical, the war with its cruelties and pain is the only remedy possible to break the terror of the powerful ones on the weak ones. But the war, the revolutionary one, has a human and political dimension that seeks to reconstruct the dreams and hopes of millions men and women who have been marginalised, excluded and abused by a social and political net, imposed by the supporters of the political and economic powers. It arises thus, a paradoxical relation between war and peace, complementing each other, derivatives the one of the other, an integral part of an historical course that instead of confronting them, ties them, unites them, binds them. To make war in order to achieve peace with social justice summarises the interrelation of this two polarities”.5

 

C.    The negotiation

 

“The following are some documents in which the National Liberation Army explains its broad approach to the key issues in relation with a possible political negotiation to the conflict.

 

1. Criteria for the negotiation:

 

All steps will be taken in accordance to the II UCELN Congress, the II and III National Meetings and the plenary from the National Direction.

 

·        Talks and negotiation will be approached as Coordinadora Guerrillera Simón Bolivar and always being open with the Colombian people.

·        Ideally the whole process should take place in Colombia, although it is still possible that a particular task, which is of either party's interest, may be carried out abroad.

·        Trilateral: Although it is clear that the main parties of the conflict are two, the establishment and the insurgent groups, the so-called "Civil Society" plays an important role as a third voice within the conflict. It is of huge value as an intellectual factor and because of its capacity to act as a political link for either of the parties. This makes its participation indispensable while deciding what to do in the regions, where it will be the guarantor of any agreement.

·        International presence: International Peace Protectorate (protectors).

·        The process will take place within the armed confrontation. There will be no need of cease fires prior to its development.

·        Bilaterally: Any agreement will apply equally to the two parties, and there will be no unilateral benefits.

·        No pre-conditions: Neither of the parties will seek to gain advantage of the other by establishing conditions prior to the dialogues or while these take place.

·        Equality of information: Both parties will have the same rights and opportunities to inform the national and international communities of developments in the process. There will be a mutual agreement on the use of the media. This will be based on objectivity, veracity and mutual respect.

·        Guarantees: The Establishment is obliged to give the necessary guarantees required by the insurgents for the peace process to take place within the war. These conditions concern, amongst other matters, communications, the relationship with the so-called Civil Society, collectivisation, internal consultation and free access to the media”.6

 

 

2. About the dynamics of the process and the proposal of negotiation:

 

The following observations were made during the II congress of the Union Camilista Ejercito de Liberación Nacional in 19907:

 

The negotiation proposal has got two parts. “The first one seeks a global solution to the conflict, and the second one looks for a solution to a specific problem within the country. This is called partial negotiation”.

 

 The following ideas conform to the definition of the first part, the global solution:

 

·        “To create a new government with democratic participation, from the people, working for the people and of revolutionary nature.

·        To dissolve the actual official army and create a popular one which would the guarantor of sovereignty, fighting against corruption within itself and deliberately creating an atmosphere of co-operation with the public, instead of one of repression and death.

·        To put into practise a programme that aims at securing democracy, sovereignty, life and the welfare of the people.

·        To adopt an international policy that unties the current links with the USA and establishes a relationship based on equality with all countries in the world and especially with those of Latin America.

·        To adopt an attitude of non-alignment, which gives support to all causes looking for the development, independence and wellbeing of the nations”.

 

 

The following is the definition of the second part, the partial negotiation:

 

·        “To look for an agreement to humanise the war, the core of which is the preservation of human life.

·        To establish agreements that will eventually lead to the nationalisation of natural resources, especially oil.

·        The negotiation of these factors or others that may arise during the process does not mean that there is a political solution to the conflict. They only seek to fulfil the people's claims”.

 

 

3. The negotiation objectives:

 

According to Manuel Pérez these were always the main objectives of the main part of the whole negotiation process:

 

·        “Not to assume that the main issue is whether or not to hand in the arms, but to understand that the main issue is to solve the problems which are the reasons why we are armed. We must stop thinking so much of the preparation for the dialogues and start thinking of their aims instead.

 

·        No one will leave the negotiation table half way through. However we must consider the possibility of consulting external sources, and how to do so.

 

·        We must not misunderstand what is meant by “pacification”. It is not about subduing or defeating.

 

·        The negotiation of the conflict should be focused on its causes rather than its consequences. The latter will be solved only after the first are dealt with.

 

·        Should the need arise to make political changes because of the causes of the conflict, these must be made. An appropriate way of doing this should be found.

 

·        The causes of this conflict in which we  live now have long and deep historical roots. We need to approach them, and try to solve them all.

 

·        The discussion process will define the path to follow. Our destination will be the one which the process points out, taking always into account the participation of all members of society and the insurgents. Only by acting in this way will we find real and authentic proposals about how the country should be ruled.

 

·        The Government has said that these dialogues should be useful. We say they must be fair, equal and must guarantee solutions for the problems and a proper sense of justice”.8

 

 

In the last document issued by the ELN in February 1998, the following observations are made:

 

“We consider that demobilising the insurgent groups is not the foundation upon which it would be possible to build a political solution: this solution is to be constructed on the basis of direct participation by political and social organisations. We believe that this is the solution that is heard from those suffering from exclusion by this archaic and non-democratic system.

 

Neither the Government nor the rich have the right to exercise control over the peace of the country. Processes such as demobilisation and handing in arms have been exhausted in Colombia during the search of a political solution to the conflict. We cannot accept this course of action with the actual situation, neither can other forces which are members of the Coordinadora Guerrillera Simón Bolivar. We can assure the Colombian people that there is no possibility that we could act under this conditions”.9

 

 

D.    Peace Talks

 

Regional talks:

 

“In order to have productive peace talks, it is only possible to act under a global approach to this. National talks must be consistent with regional talks and the latter must be also recognised in order to accept the former. Only by having both processes running simultaneously and focused on national initiatives will regional talks make sense”.10

 

Talk venues:

 

“The most important factor in this respect is to act openly towards the country and guarantee security. What is vital is to establish the criteria under which dialogues are to be held rather than where they are to take place”.11

 

“It is our opinion that dialogues must take place in Colombia, since the conflict is taking place here and also because we believe that the participants of this conflict are all the Colombian people. This is also because the problems we are talking about are of a social nature; about people’s work, education, health, housing, life conditions, and the conditions of the development of the country. We are also talking about wealth distribution, political conditions on how to exercise democracy, participation in decision making by majorities and so forth. We believe that this process must be focused on general participation and respect, and that there must not be space for influences or bought opinions”.12

 

 

1.   Nature

 

“The Government has proposed confidential dialogues, but we cannot agree with this position. We believe that the whole country must be involved so there is more participation, since all Colombians are interested in achieving peace”.13

 

 

E.     The conflict’s humanisation:

 

1. Humanisation concept:

 

According to the ELN’s classification, partial negotiations involve an agreement seeking respect for the right to live, whose fundamental nucleus is the war’s humanisation. The following are a series of declarations made by several members of this guerrilla organisation which generally illustrate this idea.

 

“Since 1985 ELN has proposed to humanise the war in order to create a settlement where those who are not involved are protected and the use of force is regulated and controlled.

 

This humanisation process itself constitutes a starting point in the search for paths which will be conducive of a political solution to the conflict, and which will allow basic trust to be established. This will also clarify material and political conditions within the Establishment, the insurgents, the people and the international parties in order to construct a stable and lasting peaceful situation in our country”.14

 

“We share the opinion that while there is a war and while peace paths are being built as a political solution to the conflict, it is necessary to achieve precise agreements between insurgents and the Government. These agreements must observe what we have called HUMANISATION OF THE CONFLICT so we can achieve an AGREEMENT FOR THE RESPECT OF LIFE, where people are really protected, where International Human Rights are put into practice, and where the Second Protocol is considered as a juridical element which guides the parties involved in the conflict. This is to say that this AGREEMENT FOR THE RESPECT OF LIFE implies  the exercise of International Rights and  international regulations in connection with our particular problems and the specific conditions of our country”.15

 

“We do not believe that International Human Rights are to be part of a negotiation process. We believe this has to be present all the way through the legislation of a country…

 

…IHR and the Protocols are not sufficient for the conflict itself. They work towards the humanisation of the confrontation rather than to resolve it. If we have the capacity to understand and humanise while making war, which is the most difficult part, we must be able to enter a process. At the moment we believe that a valid way to work towards peace is to establish a pact of regulation of the conflict”.16

 

“The need for humanisation of the conflict cannot wait for the belated and incomplete answers given by the IHR. It is not only necessary to have this as a reference, but we must also go further on our path, which is in fact recommended by IHR themselves. This recommended path is about special or specific agreements between the confronting parties, adapted to the particular needs of the war and its characteristics”.17

 

“The treaty we propose to sign has as its first priority saving those people not involved with the hostilities of the war, and to identify the active parties in the conflict. It also points out the need for agreeing the rules about use of force, and about initiating the use of arms by both parties. This treaty must bring us on to the path leading to lawful social justice and lasting peace”.18

 

 

2. AGREEMENT FOR THE RESPECT OF LIFE.

 

“This agreement we propose has these objectives:

 

1.     To protect those not involved in the hostilities of war.

2.     To guarantee humane, dignifying and respectful treatment for prisoners.

3.     To guarantee that people are not killed because of their different opinions, and to ensure that it is possible to have opposition in Colombia.

4.     To ensure that social protesters and people’s organisations are not classified as criminal.

5.      To allow refugees and displaced people to go back to their homes and to establish a special governmental programme to compensate them and somehow to heal their pain.

6.      To find the truth about all war crimes  and crimes against humanity.

7.      To punish the intellectual and material authors of those crimes, and to provide the victims, their families and affected communities with economic, moral and social compensation.

8.      To demobilise completely paramilitary groups and to identify accurately the participants in the conflict.

9.      To control firmly the use of force.

10.  To limit the use of certain arms and combat methods.

11.  To abide by, preserve and observe Human Rights thoroughly, not only in troubled areas, but in the whole of the country. This also applies to the humanisation agreement.

 

The practising of this agreement and its continuous and guaranteed application require the supervision of an International Peace Protectorate which when carrying out this task will need support from a number of experienced international agencies in order to guarantee the proper application of the agreement.

 

The UCELN is a political-military organisation who took to arms 31 years ago  and which concentrates its efforts and political ideology on the most highest ideals for the people. Since it was formed, it has followed a humanistic and ethical approach with a clear revolutionary principle.

 

Fight for the power has been not only political but also armed. This fight seeks to gain power for the people and has been brought to most areas of the country. Vast areas of the country have seen how political and military control has been taken and people’s power established. This is a widespread organisation with a centralised structure. Cultural features resulting from  this process have been adopted as the organisation’s symbols.

 

It is for this reason that the UCELN meets all conditions and characteristics that are necessary in order to agree, support and apply a HUMANITARIAN SETTLEMENT.

 

The UCELN has a War Code which is followed as a juridical statute and which regulates the use of force. Amongst the principles that are observed we have:

 

·        Force commanders will avoid looting and plundering.

·        It will be a priority to avoid damage to civilians’ property and goods, and repairs will be made as far as possible.

·        Any person belonging to paramilitary groups will not be considered as civilian, neither will be their property.

·        The permanent military force will not recruit any person who is under 15 years of age.

·        It is forbidden to kill or cause injury to any opponent who is out of combat or who has surrendered.

·        Sabotage actions that are carried out will minimise damage to the environment.

·        Buildings and facilities containing potentially dangerous substances such as dammed up water or nuclear power stations will not be attacked.

·        Allegations against members of this organisation concerning infringement of the War Code will be fully investigated and any person found guilty will be severely punished.

 

Furthermore, the six recommendations concerning the insurgents made by Amnesty International in its 1994 Colombia Report will be annexed to the War Code.

 

·        Prisoners, the wounded and opponents who have surrendered will be treated humanely no matter whether they are civilians or members of the Army. Their lives must be respected.

·        Arbitrary and deliberated killings of non-combatants are forbidden under all circumstances.

·        Detained persons are not to be used as hostages. All detainees will be fully identified and their liberation, safe and sound, will be guaranteed.

·        Landmines will not be used.

·        Guerrilla members who are accused of abuses are to be investigated in order to establish their liability.

·        Guerrilla members under suspicion of having committed any abuses will be sanctioned by stripping them of their authority and excluding them from any duty which may enable them to commit any further abuses”.19

 

 

3. The International Enquiries Commission:

 

The ELN has publicly expressed its willingness to undergo an investigation by the International Enquiries Commission in connection with the implications of Human Rights Law. The so-called International Enquiries Commission is a body created by the 90th article of the First Protocol added to the Geneva Convention, according to which competence must be recognised by the parties involved in a conflict in order to investigate possible breaches of International Human Rights Laws. This commission makes up the ruling for international armed conflicts, but has now been extended to non-international conflicts, such as the one now taking place in Colombia.

 

The ELN general commander stated the following in Medellín on 16 June 1995, when talking about an explosion in the San Antonio park in which civilians were killed:

 

“…in order to protect civilians, stop the dirty war and stop impunity at once, we propose that insurgents and the Government should ask the International Enquiries Commission to carry out an investigation in order to find out who was responsible for this crime”.20

 

 

4. The participants in the conflict:

 

The ELN has defined those whom it considers are their opponents.

 

“We consider that the following are our adversaries, and propose that people who are needing protection must be identified:

 

Direct participants in the war against insurgents:

 

1.      The Army. Commanders  and troops, intelligence agencies and organisations, national and foreign military advisors, international troops involved in the internal conflict.

2.      Establishment supported forces: Security Co-operatives and private Justice.

3.      Dirty war-makers: narcotics traffickers, irregular terror bodies working in co-operation with state forces, paid killers, those who are paid to make people disappear or to torture them, those who are paid to massacre, threaten or expel people, and all those whose aim is to destroy any form of revolution or political opposition.

 

Indirect participants

 

1.      Financial supporters: Those who by paying war tax, or by helping financially or logistically, are supporting the war against the insurgents.

2.      Ideologists, politicians, the media, advisors and technicians who encourage this war.

3.      Arms manufacturers and traders who supply the enemy forces.

 

 

 

F.     Participation of the International Community:

 

The ELN has through a series of documents proposed the creation of an international peace keeper.

 

“ The peace keeper we propose is a political figure whose necessary task it would be to protect  the process rather than the country. This appointment must be based on the good will of other countries and of those humanitarian, governmental and non-governmental organisations that are recognised around the world”.21

G.      Some ideas about the most important points of a negotiation agenda.

 

The ELN has expressed through internal and public documents a series of themes which we believe should be included in eventual negotiations. A summary of these ideas is given as follows:

 

A.    Peace:

 

“Peace is not a public order problem nor a situation where there is no war going on. Peace is about social justice, sovereignty and national security”.22

 

“Our main objective is to seek that peace. We also want this one to be the last war in that process. Contrary to what has been done in practice, we do not want to keep going from negotiation to negotiation until a final war is reached. There have been six negotiation periods so far, and the real problem has not been talked about yet. If this had been done, we would not have any reason to keep our armed position.

 

…we consider that there has not been any political intention to achieve without political confrontation the original objectives for which this battle started”.23

 

“We are talking about a more humanitarian, fairer society, with an economic system which can guarantee that the majority of the people benefit from the distribution of wealth and resources we have in our country. Within this concept, we consider that the only centre of society must be every individual as a person, as a human being, and that people have social rights which must be respected. Criteria to define this must be identified by all social sectors involved in developing society. It is here where democracy must be guaranteed for everybody. It is for this reason that all our ideas are focused on these social, political and economic factors, and of course, on defending our sovereignty as a country”.24

 

In the ELN’s view, “the peace policy that Colombia needs must comprise the following aspects:

 

Peace must be AN OFFICIAL ATTITUDE where not only the traditional public powers are involved. It must comply with the Article 22 of the National Constitution, where it is stated “peace is an obligatory right and duty for everybody.

 

It must be A NATION-WIDE CONCEPT. All power bases, social sectors, and the various ideologies must participate.

 

It must be PERMANENT. A peace strategy must be structured so that it lasts over the years, no matter who is in power and without being affected by particular interests foreign to Colombia’s welfare”.25

 

 

B.    ELN’s views on the areas to be covered in a possible negotiation agenda.

 

 

1.       Political participation.

 

a. People’s power and a new government:

 

In the ELN’s view, “people’s participation and democracy are the core factors in the creation of the new Colombian society. By stimulating participation in all areas and by putting different ideas together democracy will recover its original socialist meaning”.26

 

In accordance with this conception, the ELN proposes “to destroy the upper-class government and to construct a democracy based on the needs of the working class. This means forming a democratic and revolutionary people’s government made up of social and political forces and destroying the Old Establishment”. 27

 

In the document called “A New Government by the Masses”, the ELN’s National Directors state:

 

“The time, the necessity and the urgency for a new majority’s government has come. This must be a nationalist, democratic, morally clean and sovereign government…

 

 Colombians can be assured that we will encourage moral restoration, the boosting of a majority-based economy and the building of a dynamic democracy. We will also work on social welfare and the integrity of the country…

 

We will contribute towards achieving peace with social justice. Life will be guaranteed through socio-political programmes in which all members of society, the armed insurgents and the new government will take part.

 

The crisis Colombia is currently going through deserves a political solution. This is not to be discussed with the guerrillas, but rather with the government. The current crisis needs a political solution which must be discussed between the Government, the traditional parties and the country as a whole”.28

 

During the third ELN seminar, which took place in July 1996, a minimum scheme of work for the new Colombia and the New Government was agreed. It was also said that the ELN still considers that “the two proposals from CGSB are valid. These were presented on 25 January 1992 after the national general meeting and on the same occasion in November 1992.

 

This same seminar highlighted all the way through the need for a new democratic government, formed by all members of the public, and which would work in favour of development, peace and social justice”.29

 

 

b. National Convention:

 

“The ELN invites all the Colombian people to a NATIONAL CONVENTION where feasible solutions for the current political and governmental crisis are sought. This will also cover the new parameters we must define to drive Colombia out of this crisis, and once more, the strategies to form a new government which will give wide participation to all sectors. This government must have as a number one priority the welfare of all Colombians, and must address all the problems which have been put off for decades”.30

 

“We aim at achieving a situation, where without external interventions, the gag that has been put over the insurgents’ mouth is to be removed. We want to show the way in which the media has distorted our ideas and has wrongly described our opinions and actions.

 

…Only by talking to all political parties, social organisations, worker unions, the Church, the National Conciliation Commission, the traders and those who rule the country will we give a definite shape to the so-called NATIONAL CONVENTION.

 

The NATIONAL CONVENTION must examine and establish how feasible is the CGSB’s proposal to call for a reform in our constitution so that it becomes a real peace treaty for all Colombians.                   This reform is to be carried out by a special reforming commission, giving way subsequently to the new Government and the New Colombia we all want.

 

During this process, we also consider it important to make a political approach to the border problem with Venezuela, problem in which the ELN is already working”.31

 

The following is the text of the preliminary agreement signed between the government and the ELN in Madrid on 9 February 1998; in which the bases for the National Convention for Peace, Democracy and Social Justice are set out.

 

 

 

Viana’s Palace Preliminary Agreement

 

“Aware of the fact that the Colombian armed political-social conflict needs a solution based on dialogues and agreement, in which all sectors of society are involved, the Colombian Government and the National Liberation Army (ELN) have agreed on the following points, looking at these solutions as the tools to reform the country and its institutions. The space for this preliminary agreement has been facilitated by the Spanish Government

 

1.      Calling a National Convention for Peace, Democracy and Social Justice, whose aim will be to structure an agreement to be developed in all legislative bodies, and possible spaces which may be necessary. This may imply the need to call for a reform on the National Constitution, as the insurgents has been proposing, or to call a referendum where all Colombians are invited to participate democratically.

 

2.      A preliminary meeting will be held on 5, 6 and 7 June 1999, in a place in Colombia agreed by all the parties. This meeting will give as a result the summons for the National Convention. This meeting must meet the following conditions:

 

·        Both government and ELN will have three representatives each. Decisions are to be made by consensus.

·        The National Conciliation Commission will take part in this meeting through three representatives whose mission will be to facilitate dialogue and general agreement.

·        A representative from the Spanish Government will be invited as well as a representative from each of the candidates for the presidential elections, a representative from the present president, and a representative from the party with the second-most number of votes after that of the president. Invited to come will also be: the president of the National Congress, the president of the Workers National Union, (CUT) the president of the National Federation of Trade Unions (USO), a representative from the Trade Congress (Congreso Gremial), a representative from the non-governmental organisations working for the protection of Human Rights, a representative from the Peace Mandate (Mandato por la Paz) and a representative from the Communist Party.

 

·        Sessions of this preliminary meeting will be private, and decisions will be publicised through regular communiqués agreed by all parties.

 

·        Both Government and ELN will make sure that participants of this meeting are offered secure conditions. The same procedures used for Santana (Antioquia) on 2 November 1997 will be followed. The Government will put froward the necessary guarantees for transportation of the participants and negotiation of these conditions.

 

·        This meeting will define the basis of the National Convention, of which the following are some examples:

 

a.       Definition of foundations to transform actual social and political structures. This must be addressed always taking into account Human Rights regulations.

b.      Definition of the proposed role of the Army.

c.       Politic democratisation.

d.      Sovereignty and international integration.

e.       Deciding who will participate in the National Convention. This must be a number no higher than 100 people, all representatives of social, economic, and political forces.

f.        Date and venue for the National Convention to take place. The date must be after the second round of the presidential elections.

g.       Procedures to be used in the National Convention.

h.       Other relevant issues.

 

3.      While solutions are being sought to solve the political and social problem, strategies are to be discussed as to how to bring the armed confrontation to an end.  While this confrontation continues,  the parties will decide on a scheme of protecting as many lives as possible, and to humanise the war according to the International Human Rights laws.

 

4.      The dialogue process which will eventually provide a political solution will be officially started with this preliminary agreement, and this will be validated by the presence and support of the international community, firstly by Spain, Mexico, Costa Rica and Venezuela. The Spanish Government will be responsible for facilitating the process and will act as moderator and host when necessary. This group of international supporters may be enlarged if the parties so require. International participation must be based on the principles of neutrality, impartiality and confidentiality.

 

5.      This agreement must be endorsed by the ELN in meetings which are to take place in Itagüí, where commanders Francisco Galán and Felipe Torres are based. Further endorsement is to be sought from representatives of the Central Commanders’ Office (COCE), in a suitable place yet to be agreed. Representatives of the National Conciliation Commission and the Government who signed this memorandum will also attend the meeting. The agreement will also be ratified by the President himself.

 

6.      The Colombian Government, the ELN and the National Conciliation Commission wish to thank the Spanish Government for its co-operation and hospitality, offered in order to achieve agreement of this memorandum and for its support of the Colombian people.

 

 

This memorandum was subscribed at the Palace of Viana, Madrid, Spain on the ninth of February 1998 by the Colombian Government represented by José Noé Rios and  Daniel García; by the ELN Central Commanders’ Office, represented by Miltón Hernández (National Front) and Juan Vásquez, (International Front); by the National Conciliation Commission represented by Augusto Ramírez Ocampo, and Ana Mercedes Gómez. Acting as witnesses were the following representatives of the Spanish Government: M. Villalonga, International and Latin American Co-operation Secretariat and Eduardo Gutiérrez Sáenz de Buruaga, National Director of Foreign Policy for Latin America.

 

 

 

2.       Socio-economical issues:

 

·        “To agree an economy policy whose interests are those of Colombia rather than those of the United States of America and the multi-national companies. To agree a fair distribution of wealth and to improve living conditions for those marginalised and for the poor.

 

·        To seek economic growth without having to reduce the number of jobs, or reduce workers’ income. To guarantee the benefits of economic development for the majority rather than giving more wealth to a few groups.

 

·        We support continuous development which bring advances in technology. This will reflect improvement of conditions by means of scientific and technical effort, which in its turn will facilitate a full exploitation of our own natural resources. This will be stated in a detailed policy in which the proper use and preservation of resources are highlighted.

 

·        To support small and medium-sized businesses in the areas of mining, art and crafts, manufacturing and retailing sectors. This policy must comply with the National Development Plan.

 

·        To establish and combine different types of property, including: private, public, collective, community-based and solidarity-based. Processes will be stimulated so that the economy is boosted and a truly democratic economy is adopted.

 

·        Property belonging to multi-national companies will be confiscated, or negotiations will be held with the big monopolies, according to the position they may adopt with regards to the people’s fight for their rights and their  aspirations for change. Their position as to the New Government and the New Colombia’s economic and political propositions will be crucial at this stage.

 

·        Monopolies and foreign investment will be controlled, monitored and restricted. They must follow the new parameters of national development, supporting competition, improved quality and especially helping small and medium industries and businesses”.32

 

 

As a general rule in connection with a social welfare policy, the ELN proposes the following:

 

·        “Work will be done in order to increase the budgeted resources spent on social issues, especially in the improvement of basic facilities such as water supplies, electricity supplies, sewers, education and health. Wide access to culture and sports must also be a priority here.

 

·        A National Health Service system must be set up, where people receive attention using up-to-date technology and fully trained health workers. This service must have a nation-wide coverage.

 

·        Participation and access to cultural an art-related events and facilities must be improved. This is to be done in conjunction with teachers, workers and others who work for the eradication of illiteracy. People must be given tools which allow them to make the most of social changes and the new environment. Education is a number one priority.

 

·        The first people at whom all these changes will be addressed are those who live in the worst conditions, both rural and urban. Special effort must be made to meet this goal. The recovery of those affected by or made disabled because of the war must also be a priority. These two categories of needs are followed by children and the elderly”.33

 

 

 

3.       The agricultural issue:

 

 

A rural policy is summarised by the ELN:

 

·        “A reform for the current rural policy must be carried out, so that farmers who have no land are given those properties belonging to the richest landowners, drug barons and owners of large estates.

 

·        Co-operatives and credit unions are to be encouraged and services improved. This effort is to be focused mainly on those farmers in need. A system is to be devised by which prices are brought down, intermediaries are abolished and efficiency and production are improved.

 

·        The national food industry must be boosted. Other actions in this area include efforts to improve international relations so that food products can be exported.

 

·        All non-monopoly based businesses who support the New Government initiative will be supported. Some issues to mention here are: industrial relations, wage levels, profit control, regional, local and national development.

 

·        Those families forced to leave their homes as a result of the war are to be guaranteed a safe return, with the land being given back to them”.34

 

 

 

4.       About the Justice System:

 

·        “Justice in Colombia has been converted into a tool to fight against insurgents. This system prevents opposition, rebellion and classifies as criminal any protest activity or people’s organisation. It undermines social integrity by using reward schemes, man is turned into man’s enemy.

 

·        Legislation about public order and regional control which proposes anonymous judges and prosecutors, secret witnesses and devices such as secret evidence have been established as an anti-Communist and anti-insurgent policy. Other issues here are secret trials, intelligence report used as evidence in court, criminalisation of political protest, long sentences for political prisoners and no right to have a defence process”.35

 

·        “The Colombian Government has been seriously criticised and asked to remove this secret justice system by international tribunals, Human Rights Commissions, and NGOs. In this same area the Brussels Manifesto for the Human Rights in Colombia was set up. We endorse this manifesto, which to this effect states: “secret justice must be abolished and a new judicial reform made guaranteeing the independence and soundness of judges. This must also guarantee the rights of the involved parties”.36

 

·        “Justice humanisation must include a vast reform, including the repeal military codes, thereby allowing everybody to be equal before the law. Impunity must be addressed and totally terminated.

 

·        A proper judicial system must be adopted enforcing open trials, the right of defence, open witnesses and honest judges. Prisons must be conceived as institutions of reformation for the inmates, where they are respected, receive educational help and can do some sort of work. This system must be open to everyone, no matter from which social level they come”.37

 

·        “To establish monitoring and controlling bodies to ensure there is no impunity, that corruption is tackled and rights are promoted. These new regulations must be the basis of the New Constitution”.38

 

 

5.       National Sovereignty:

 

·        “Independence from the United States must be gained. A proper concept of sovereignty must be established. The biggest obstacle for our development has been the constant domination by foreign businesses and multi-national companies as well as foreign governments .

 

·        New regulations about foreign investment and international relations must be designed. Foreign investment will be accepted as long as it promotes technological improvement, conservation of resources and equality of opportunity.

 

·        Relations with the IMF must be rewritten and modified. International debt and its interests are to be bound to international regulations and policies. Boundary treaties are to be respected and in accordance to International Law”.39

 

 

6.       The army:

 

“We will define a new army whose basis will be the insurgent forces and  the new police forces.  This new national army is to be regulated by the New Government whose core ideals are international co-operation and independence from the United Sates, and the new political reality once the power has been taken from the oligarchy. This new army will stick to Human Rights and people’s right to protest against any decision and will bring for trial those responsible for war crimes”.40

 

 

7.       Ecology and the environment:

 

·     “We propose a scientific and technological development which will provide opportunities to use resources while conserving the environment as the people’s asset. We also support the conservation of animals and plants, using these resources without jeopardising their future existence.

 

·        Biodiversity will be one more asset for the country. Its use must be rational.

 

·        Demands will be made that the international community makes transnational enterprises pay compensation for damage caused to our environment when exploiting Colombia’s natural resources.

 

·        Scientific and technological efforts will be made to dispose of unneeded materials and surpluses without causing damage to the environment”.41

 

 

8.       Indigenous and ethnic minorities:

 

·     “Rights for their land, culture, autonomy and authority will be preserved, supporting their development in all areas.

 

·        Ethnic minorities are to be recognised again and discrimination abolished”.42

 

 

9.       National Identity:

 

·     “The current Government and dominant powers have proved incapable of developing a national identity of unity and hope. A new ideal in this respect must be shown to the people of Colombia. New democratic thought must be adopted, giving people the tools they need in order to be committed to change.

 

·        An ideological project is to be implemented, upon which all educational, cultural and communication endeavours are to be base. It must recover people’s trust and rescue lost and damaged values. This project brings back the right to have differing opinions and beliefs, as well as the right to have a cultural diversity. All different social groups are invited to participate in the building of a New Colombia”.43

 

 

10.    Drugs:

 

·     “This problem must be dealt with internally, bearing in mind that as a country Colombia must take responsibility for its own affairs. The drugs trade in all its forms is to be combated, all over the country. An international agreement must be sought in order to regulate consumption and control Mafia who process and distribute drugs in other countries. We will not accept extradition of Colombian citizens.

 

·        Any imposition or influence from the USA is to be rejected, and all efforts made in Colombia are to be backed bilaterally by the States.

 

·        In order to abolish drug crops, it is important to look for alternatives for the people who live by that business. Substitute income sources are to be found for those farmers and inner-city drug related workers.

 

·        Reformation and recovery programmes are to be developed in order to help those addicted to drugs. We must eliminate dependence on drugs and overcome this problem”.44

 

·        “We consider this issue a highly ethical one, since drugs trading is a crime against humanity.

 

·        Bearing in mind the importance of defending human lives, the ELN has always followed a conduct and philosophy which rejects the use of drugs or any activity related to this. This policy gives us authority to propose new plans to solve this problem, and to share these with many other countries in the world.

 

·        We wish to ratify that we do not have any link or activity inside the country nor abroad connected with drug dealing…

 

·        Drugs are a pest which affect all human kind, and it is therefore the responsibility of the whole international community to adopt development plans to find substitute crops and to stop the production and trading of drugs. It is also an international responsibility to provide those affected by this problem with educational opportunities and to protect young people and children”.45

 

 

11.    Foreign policy and the Continental concept:

 

·        “This must be an autonomous, independent policy, based on solidarity with the third world countries and respect and support for all countries, especially Cuba and its revolution.

 

·        This policy must underline the need for Latin America to act as a block, tightening co-operation and cultural links. By doing this, Latin America as a whole will be recognised in the international community, and every country will have the right tools with which to decide its own path to follow and future. This policy will define better relationships with other countries in the world”.46

 

 

12.    Oil:

 

“We have in several occasions proposed:

 

K                 To Nationalise natural resources.

K                 To revise the association contracts.

K                 To revise current concessions issued by the Government.

K                 To establish a strategic reserve of hydrocarbons.

K                 To be able to decide on the processing of our oil in the international market.

K                 a tax of one dollar per barrel to be invested in the development of oil-producing towns.

K                 To constitute a national Oil Committee which would regulate all issues arising in connection with the oil industry, and which would design strategies to defend national interests.

 

 

Now we propose:

 

K                 Dialogues to be held between USO, Ecopetrol and insurgents with the purpose of building alternatives for dealing with national oil policies. This must also be mentioned in the dialogues for the political solution to the conflict.

 

K                 To call a national energy forum with the participation of the oil, coal and electrical sectors where development is assumed as the base for the restructuring of the national economy, and which has to contribute to regaining peace with social justice.

 

K                 In this Forum the ELN will bring its own proposals.

K                 To bring to the communities the discussion about the white paper for the Hydrocarbons Act. This must be extended to academic, union and social sectors as well. It will facilitate searching for a solution between the Government, civilians and insurgents.

 

K                 To discuss between insurgent movements and the Association of Oil Companies the need to start social development programmes for the communities around the geographical areas where oil is extracted and processed.

 

K                 Should our proposals and those expressed by the workers be taken into account, we would consider a change in our policy regarding the defence of natural resources.47

 

 

13.    Urban Reform:

 

“An urban reform programme which provides solution for estates of poverty and deprivation is most needed. Marginalised estates face difficulties regarding housing, illegal sales of land, high rents, amongst others. It is also important to demand repeal of debt owed to private and governmental institutions, to control urban growth and planning,  and to address the needs for democratisation of space according to the multiple activities of the communities”.48

 

 

 

 

5.               The National Liberation Army and Peace with Social Justice, February 1998. Document publicised by the Central National ELN’s commander’s Office.

 

6.               Internal bulletin #01 written by Francisco Galán and Felipe Torres, July 8 1995.

 

 

7.               People’s power and New Government, ELN’s National Congress conclusions, Colombia 1990, Cinep library, Bogotá.

 

8.               ELN gives its opinion on the peace process, Manuel Pérez Martínez speaking. Interview with the El Colombiano paper, Medellín, 17 February 1995.

 

9.               The National Liberation Army and Peace with Social Justice, February 1998. Document publicised by the Central National ELN’s commander’s Office.

 

10.            Ibid.

 

11.            Ibid.

 

12.            Radio Interview with ELN’s commander Manuel Pérez Martínez, by journalists from Noticiero de las 7, NTC, CMI, El Tiempo, on May 24 1995.

 

13.            “We want a peace process where there is room for everybody, Gabino and Antoni speak”. Interview with El Colombiano newspaper, with Nicolás Rodriguez and Antonio García, ELN’s central commanders, Medellín 18 February 1995.

 

14.            “Peace’s draft” By Francisco Galán and Felipe Torres, ELN’s spokesmen, Itagüí  High Security Prison, Medellín 1998.

 

15.            Intervention of the ELN’s commander Felipe Torres during the Human Rights and Political Prisoners Forum. Modelo Prison, Santafé de Bogotá, 26 October 1994.

 

16.            “We want a peace process where there is room for everybody, Gabino and Antoni speak”. Interview with El Colombiano newspaper, with Nicolás Rodriguez and Antonio García, ELN’s central commanders, Medellín 18 February 1995.

17.            The National Liberation Army and Peace with Social Justice, February 1998. Document publicised by the Central National ELN’s commander’s Office.

 

18.            Letter to the Peace High Commissioner, Dr. Carlos Holmes Trujillo, written by Francisco Galán and Felipe Torres, May 18 1995.

 

19.            “Peace Process”, ELN’s internal bulletin # 02.

 

20.            ELN’s Central Commanders’ Office “To Let The Country Know”, June 16 1995.

 

21.            Internal Bulletin written by Francisco Galán and Felipe Torres, 8 July 1995.

 

22.            Letter from Francisco Galán and Felipe Torres to the President, Dr Ernesto Samper Pizano, March 7 1995.

 

23.            “We want a peace process where there is room for everybody, Gabino and Antoni speak”. Interview with El Colombiano newspaper, with Nicolás Rodriguez and Antonio García, ELN’s central commanders, Medellín 18 February 1995.

 

24.            Radio Interview with ELN’s commander Manuel Pérez Martínez, by journalists from Noticiero de las 7, NTC, CMI, El Tiempo, on May 24 1995.

 

25.            Letter from the ELN’s Central Commander’s Office to the National Conciliation Commission, May 1996.

 

26.            “People’s Power And A New Government”, ELN II Congress’s conclusions, Colombia 1990, Cinep Library, Santafé de Bogotá.

 

27.            Ibid.

 

28.            ELN’s political declaration “A New Majority’s Government”, 25 December 1995.

 

29.            The National Liberation Army and Peace with Social Justice, February 1998. Document publicised by the Central National ELN’s commander’s Office.

 

30.            ELN’s National Direction declaration “An urgent proposal for Colombia”, February 2 1996.

 

31.            The National Liberation Army and Peace with Social Justice, February 1998. Document publicised by the Central National ELN’s commander’s Office.

 

32.            Ibid.

 

33.            Ibid.

 

34.            Ibid.

 

35.            Document by Francisco Galán and Felipe Torres “In Order To Define War”, sent to the “peace pages” at El Colombiano newspaper, 28 September 1995.

 

36.            Letter by Francisco Galán, Felipe Torres and Francisco Caraballo sent to the Parliament’s Human Rights Commission president, Dr. Fernando Fernández, 9 November 1995.

 

37.            ELN’s Central Commanders Office document “Urabá: an open and democratic proposal”, 21 April 1996.

 

38.            The National Liberation Army and Peace with Social Justice, February 1998. Document publicised by the Central National ELN’s commander’s Office.

 

39.            Ibid.

 

40.            Ibid.

 

41.            Ibid.

 

42.            Ibid.

 

43.            Ibid.

 

44.            Ibid.

 

45.            Letter sent by Francisco Galán and Felipe Torres to the USA Ambassador in Colombia, Myles Frechette, 18 May 1995.

 

46.            The National Liberation Army and Peace with Social Justice, February 1998. Document publicised by the Central National ELN’s commander’s Office.

 

47.            Opinions of the ELN’s National Direction and the ELN’s Central Commanders’ Office during the peace congress organised by USO-Ecopetrol and the High Commissioner’s Office for the Peace, August 1996.

 

48.            “People’s Power And A New Government”, ELN II Congress’s conclusions, Colombia 1990, Cinep Library, Santafé de Bogotá.

 

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