1779 OF 2016

(April 11)

Official Journal No. 49.841 of 11 April 2016

CONGRESS OF THE REPUBLIC

By means of which article 8or Law 418 of 1997, extended and amended by Acts 548 of 1999, is amended, 782 of 2002, 1106 of 2006, 1421 of 2010, and 1738 of 2014.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Article 8or Law 418 of 1997, as amended by Article 3or Act 1421 of 2010, in turn extended by the article 1or Act 1738 of 2014, will remain:

Article 8o. The representatives expressly authorized by the national government, in order to promote reconciliation among Colombians, peaceful coexistence and peace, will be able to:

-Conduct all acts to engage in talks and dialogues with organized armed groups outside the law.

-Advance dialogues, negotiations, and sign agreements with spokespersons or members of the armed groups organized outside the law, aimed at: obtaining solutions to the armed conflict, achieving the effective implementation of the law international humanitarian law, respect for human rights, the cessation of hostilities or their reduction, the return to civilian life of the members of these organizations or their transit to the law and the creation of conditions that will a fair political, social and economic order.

The agreements and their content will be those that are necessary in the government's view to advance the peace process and their compliance will be verified by the national or international bodies that for the purpose and by common accord will appoint the parts.

These agreements must guarantee the normal and full functioning of the civil institutions in the region where the armed group exercises influence over the law that subscribes it.

When the national government so decides, as agreed by the parties, in the framework of a disarmament process, an international body may be in charge of functions such as administration, registration, control, destruction or final disposal of the arms of the armed group organised outside the law and the other activities necessary to carry out the process.

To the respective international body that the parties agree to be granted all the facilities, privileges, tax and customs, and protection necessary for their establishment and operation in the national territory.

PARAGRAFO 1o. In accordance with International Humanitarian Law standards, and for the purposes of this law, it is understood by armed group organized outside the law, who under the direction of a command responsible, exercises over a portion of the territory such control as to enable it to conduct sustained and concerted military operations.

It is understood by a member-representative, the person that the armed group organized outside the law designates as his representative to participate in the dialogue, negotiation or subscription of agreements with the national government or its delegates.

It is understood by a civil society spokesman that without belonging to the armed group organized outside the law, but with the express consent of the latter, it participates in its name in the peace processes, dialogues, negotiations and agreements. He shall not be admitted as a spokesperson, the person against whom he or she is hearing, prior to the commencement of such, resolution or writing of an indictment.

PARAGRAFO 2o. Once a process of dialogue, negotiation or signing of agreements is initiated, and in order to facilitate the development of the agreements, the corresponding judicial authorities will suspend the arrest warrants Representatives of the armed organizations have been or are being handed over to the members of the armed organizations in the margins of the law with which they are brought forward in talks, negotiations or peace agreements.

To this end, the national government shall inform the authorities of the initiation, termination or suspension of dialogues, negotiations or signing of agreements and shall certify the participation of persons acting as spokespersons or members. representatives of these armed groups organized outside the law. The parties shall agree on mechanisms for the joint verification of agreements, dialogues or approaches, and if appropriate, they may refer to institutions or persons of national or international life in order to carry out such verification.

Also, the arrest warrants that are issued against the spokespersons will be suspended after the beginning of the dialogues, negotiations or subscription of agreements, for the term that they last.

The security and integrity of all those involved in the peace processes, dialogues, negotiations and agreements that this law deals with will be guaranteed.

PARAGRAFO 3o. The national government or the representatives expressly authorized by it, may agree with the spokespersons or representatives of the armed organizations outside the law, in a peace process, and for the purposes of this Article, its temporary location or that of its members in precise and certain areas of the national territory, to be considered appropriate. In the affected areas, the execution of the arrest warrants against these and the other members of the group organized outside the law will be suspended as well as during the course of the movement towards them until the government so does. determine or declare that the process has completed. Additionally, if the parties so agree, at the request of the national government, the execution of the arrest warrants against any of the members of the armed group organized outside the law may be suspended. outside the areas, to advance activities of the peace process.

In those areas, which cannot be located in urban areas, the normal and full exercise of the rule of law must be guaranteed. The government will define how public institutions will function to guarantee the rights of the population. In accordance with what the parties agree to in the framework of the peace process, the Government in establishing the areas shall:

1. Specify the geographical delimitation of the zones.

2. To establish the role of national and international bodies involved in the process of the dejation of arms and transit to the legality of armed organizations outside the law.

3. Establish the conditions and commitments of the parties to define the temporality and functioning of the areas mentioned.

PARAGRAFO 4o. The President of the Republic, by means of an express order and in the manner that he considers pertinent, will determine the location and the modalities of action of the Public Force, being fundamental to this to blame the rights and freedoms of the community, nor to create social problems or problems.

PARAGRAFO 5o. When it comes to dialogues, negotiations or signing agreements with the national government, the quality of the member of the armed group organized outside the law in question will be accredited by a list of subscribed by the spokespersons or representatives appointed by that group, in which such quality is expressly recognised.

This list will be received and accepted by the High Commissioner for Peace in good faith, in accordance with the principle of legitimate trust, the basis of any peace agreement, without prejudice to the corresponding verifications.

ARTICLE 2o. VALIDITY. This law governs from its enactment.

The President of the honorable Senate of the Republic,

LUIS FERNANDO VELASCO CHAVES.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

ALFREDO RAFAEL DELÚQUE ZULETA.

The Secretary General of the honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., a 11 de abril de 2016.

JUAN MANUEL SANTOS CALDERÓN

The Minister of the Interior,

JOHN FERNANDO CHRIST BUSTS.

The Minister of Justice and Law,

YESID REYES ALVARADO.

The Minister of National Defense,

LUIS CARLOS VILLEGAS ECHEVERRI.