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Thursday, 24 November 2016 22:32

Joint Communiqué: Erratum

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Bogota, Colombia, November 24, 2016

Erratum

The Delegations of the National Government and the FARC-EP confirm that the following errors have been noted in the document "Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace" dated November 12, 2016:

1. On page 69 of the Final Agreement, in sub-point 3.2.1.1, addressing the guarantees for the new party or political movement in terms of financing and technical assistance / operation, the word "prior" is deleted because it is a typing error , which reads as follows: "As a measure to facilitate the transit of the FARC-EP to legal political activity, the party or political movement that they constitute will receive annually, between the date of registration and July 19, 2026, an amount equivalent to the average received by political parties or movements with legal status for their operation in the prior elections to the previous signing of the Final Agreement. The use of these resources will be made in accordance with the rules that apply to all parties and political movements."

2. On page 82 of the Final Agreement, in sub-point 3.4.3, which deals with the National Commission on Security Guarantees, the third paragraph should be deleted: "While the process of formalization of the new political party is taking place from the transit of the FARC-EP into legal political activity, the Table of Conversations will define two independent experts to integrate it". This sentence comes from the previous version of the Agreement and does not correspond to the adjustment made regarding the composition of this Committee.

3. On page 88 of the Final Agreement, in sub-point 3.4.7.3 dealing with the Presidential Delegate, in the third line, the correct reference to the numeral of the "Agreement on Political Participation: Democratic Opening to Build Peace" is 2.1.2.1, literal a.

4. On page 150 of the Final Agreement in Sub-point 5.1.2, numeral 35, the Chamber for the Definition of Legal Situations is included, which reads as follows: "Peaceful protest, the defense of human rights, and the leadership of groups in civil society, cannot themselves be criminally typified or punished. In case of having been sanctioned, special treatment mechanisms will be granted that may even extend to the extinction of responsibility. The Chamber of Amnesty and Pardon, the Chamber for the Definition of Legal Situations and the Review Section of the Peace Tribunal shall be competent to decide whether to extinguish, review or annul the sanctions, investigations and sentences imposed in the previous cases.

5. On page 155 of the Final Agreement, in sub-point 5.1.2 in paragraph 48, literal h, the word "contents" is deleted to avoid redundancy, and a typing error is corrected, thus: "The Chamber may make copies of the established reports in paragraphs (b) and (c) of this numeral when it finds indications that they contain apparently false contents, accusations, behaviors or complaints intentionally made, or when it appreciates the intention of committing procedural fraud with the presentation of the same. The certified copies of the 23.11.2016 document will be sent to the competent judicial bodies in the Colombian ordinary jurisdiction, which must act according to their competence applying the provisions of domestic criminal laws, giving consideration to these filed denunciation reports before the ordinary justice. The competent judicial bodies must report every six months to the Chamber of recognition of truth, responsibility and determination of the facts and conduct, the status of the judicial proceedings relating to each of the certified copies."

6. On page 157 of the Final Agreement, in sub-point 5.1.2, paragraph 48, subparagraph r, the term "Court Trial Section" is deleted and replaced with "First Instance Section of the Peace Tribunal for cases of absence of recognition of truth and responsibility ", which reads as follows:" In the event that the person identified as responsible in a collective statement expresses their disagreement with such individualization of their responsibility, the case is sent to the Investigation and Prosecution Unit, for it to decide whether there is merit to be referred to the First Instance Section of the Peace Tribunal for cases of absence of recognition of truth and responsibility "

7. On page 164 of the Final Agreement, in sub-point 5.1.2 in paragraph 59, the phrase "as established in Article 28 of the Rome Statute" is deleted and replaced by "as established in International Law ", which reads as follows:" The effective control of the respective conduct is understood as the real possibility that the superior had to have exercised an appropriate control over his subordinates in relation to the execution of the criminal conduct, as established in International law, as indicated in Article 28 of the Rome Statute".

* This modification was agreed between the Government and the FARC-EP

8. On page 166 of the Final Agreement, in sub-point 5.1.2 numeral 62, the last two sentences are deleted since at the beginning of that numeral it was already agreed which is going to be the verification body of compliance of the sanctions, which reads as follows : “Displacements to carry out activities in accordance with the compliance of the sanction will be monitored by the previous mechanism, which will also grant the authorizations to travel that are not related to compliance of the sanction when such displacements are not expressly authorized in the sentence, without prejudice to the jurisdiction of the First Instance Section of the Peace Tribunal. Within the justice component of the SIVJRNR, a body will be created to verify compliance of the sanctions. This body will also grant the necessary authorizations.”

9. On page 167 of the Final Agreement, in sub-pont 5.1.2, numeral 65, third paragraph, the phrase "except Colombian citizenship for foreigners" is deleted since it was agreed that there would be no foreign magistrates, which reads as follows: "To be Elected Judge of the Peace Tribunal the same requirements as to be a judge of the Constitutional Court, Supreme Court or Council of State of Colombia shall be met, except for Colombian citizenship for foreigners. In no case a career system shall be applied."

10. On page 200 of the Final Agreement, paragraph 6.1.8. "Beginning of the Implementation of the Final Agreement", is amended in accordance with the Agreement of November 7, 2016, which reads as follows: "In accordance with the Agreement of November 7, 2016, the Final Agreement will be signed as a Special Agreement of Article 3 common to the Geneva Conventions and deposited upon signature at the Swiss Federal Council in Berne. Then, the President of the Republic will make a unilateral declaration of the State to the United Nations communicating such Final Agreement and 23.11.2016 requesting the incorporation of the same to a document of the Security Council of the United Nations in the established terms of the Agreement dated November 7, 2016 ".

11. On page 271 in the Protocol and Annexes to the chapter on DECOMMISSINING OF WEAPONS (DA) of the Agreement on Bilateral and Definitive Cease of Fire and of Hostilities (CFHBD) and Decommissioning of Weapons (DA), the first word is corrected due to a typing error in the first paragraph of the "Procedure" section, which reads as follows: "For purposes of the DA, on the date of entry into force of the Final Agreement is denominated "D day". The DA involves a Planning phase and an Execution phase. "

Signed on the 23rd day of November 2016 in Bogotá, Colombia.

 
On behalf of the National Government

Humberto de la Calle – Chief of the Negotiating Team

On behalf of the FARC-EP

Iván Márquez - Chief of the Negotiating Team

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