The National Government shall ensure the participation in the High-Level Unit of political movements and parties, in particular of those whose security has been affected, victims’
organisations, human rights organisations and social movements, including women’s organisations. Delegates from international human rights organisations with a presence in Colombia and other delegates from state entities and supervisory bodies (the Office of the Attorney General, the Office of the Inspector General, the Office of the Comptroller General and the Office of the Ombudsman) may be invited to join the High-Level Unit if this is deemed relevant.
3.4.7.3. Presidential Delegate:
The President of the Republic shall appoint a delegate attached to the Administrative Department of the Presidency who shall be in charge of the Technical Secretariat of the High-Level Unit and shall be responsible for the planning, information and monitoring system (section 2.1.2., indent a) and for coordinating and monitoring the protection and security measures adopted in this respect. He/she shall hold ongoing discussions with members of the social and political movements and human rights advocates, and also the political party that emerges from the transition of the FARC-EP to legal political activity and the members of the FARC-EP in the process of reincorporation into civilian life.
3.4.7.4. Comprehensive protection programme for the members of the new political party or movement that emerges from the transition of the FARC-EP to legal activity, and its activities and offices, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.
The National Government undertakes the commitment to implement a comprehensive protection programme in accordance with what is set out in the agreement "Political participation: A democratic opportunity to build peace", section 2.1.2.1, indent c, which shall have the aim of protecting the members of the new political movement or party that emerges from the transition of the FARC-EP to legal activity, and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.
This Programme, which shall be assigned to the Administrative Department of the Presidency of the Republic, under the supervision of the Presidential Delegate in the High-Level Unit of the Comprehensive Security System for the Exercise of Politics, shall have administrative and financial autonomy and shall coordinate with the relevant state institutions on a permanent and operational basis.
The measures established in this item shall apply to the representatives of the FARC-EP who are in the process of reincorporation into civilian life and are assigned with the performance of tasks in the peace process, who are appointed by the Peace Delegation of the FARC-EP, in accordance with what is established in the Final Agreement and as from the signing thereof.
3.4.7.4.1. Specialised Sub-directorate on Security and Protection at the National Protection Unit (Subdirección especializada de seguridad y protección en la UNP)
The National Government shall create a sub-directorate within the National Protection Unit (NPU), specialising in security and protection, for the members of the new political movement or party that emerges from the transition of the FARC-EP to legal activity, and its activities and offices, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.
The Specialised Sub-directorate on Security and Protection shall involve the active and permanent participation of no less than two representatives of the new political movement or party that emerges from the transition of the FARC-EP to legal political activity, and its structure and function shall be defined by the National Government and the FARC-EP. This Specialised Sub-directorate on Security and Protection shall ensure the administration, functioning and operation of the Technical Committee on Security and Protection (Mesa Técnica de Seguridad y Protección) and the Security and Protection Corps (Cuerpo de Seguridad y Protección) created in the present agreement:
3.4.7.4.2. Technical Committee on Security and Protection:
The National Government shall set up a Technical Committee on Security and Protection, hereafter the Technical Committee, with the participation of the National Government and the FARC-EP, which will begin its operations immediately upon signing of this Agreement, in order to develop, coordinate, monitor and make suggestions for the implementation of a Strategic Plan on Security and Protection (Plan Estratégico de Seguridad y Protección), which will include tangible and intangible measures (intangible measures are considered to mean prevention measures against stigmatisation) for the members of the new political movement or party that emerges from the transition of the FARC-EP to legal activity, and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.
The Technical Committee shall have the following functions:
• To develop the structure of the Specialised Sub-directorate on Security and Protection at the NPU, in accordance with the agreements reached by the National Government and the FARC-EP.
• To identify the requirements in terms of human resources, physical resources and budgetary resources for implementation of the Strategic Plan on Security and Protection, so as to safeguard the rights to life and personal safety, liberty, mobility and security of the members of the new political movement or party that emerges from the transition of the FARC-EP to legal political activity and the members of the FARC-EP in the process of reincorporation into
civilian life, in view of their situation of risk resulting from the exercise of their political, public, social or humanitarian duties or activities, and the rights of their families, in accordance with the level of risk.
The Technical Committee shall be permanent and shall carry out periodic monitoring and assessments in coordination with the state institutions that are competent in this respect. The planning and monitoring of protection acts shall take place on both an individual and collective basis for the members of the new political party or movement that emerges from the transition of the FARC-EP to legal activity, and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.
At the initiative of the Technical Committee and in coordination with the Presidential Delegate, the Government shall implement the legislative amendments and reforms – decrees and developments – governing all aspects relating to the protection and security of members of the new political party or movement that emerges from the transition of the FARC-EP to legal political activity and of their families, in accordance with the level of risk. Such regulations and procedures shall be prepared by the Technical Committee and presented to the National Government for approval before the signing of the Final Agreement.
The Technical Committee shall be composed of the delegates from the National Government, headed by the Presidential Delegate, the Director of the NPU and the Sub-director of the new specialised sub-directorate, created in the present agreement, who will act as secretary, and other entities deemed relevant, including as a permanent invited member the representative from the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Colombia.
Before signing of the Final Agreement, the representatives that the FARC-EP deems relevant shall be involved. Once the agreement has been signed, the delegates appointed by the FARC-EP shall continue to form part of the Technical Committee. When the political movement has been created, the representatives that it appoints shall be incorporated into the Technical Committee.
• Guidelines and Criteria for the Strategic Plan on Security and Protection for the new political movement or party that emerges from the transition of the FARC-EP to legal activity, on the basis of its risk situation.
The Strategic Plan on Security and Protection shall consist of all the comprehensive measures contained in this agreement, including intangible, collective or political measures aimed at prevention and creation of an atmosphere of trust, and tangible measures which shall be defined in the security and protection protocols, as well as all those measures that the Technical Committee deploys for the implementation of the plan.
The security and protection protocol shall consist of the following components: Prevention, security and protection schemes and programmes; Personnel from the Security and Protection
funding and financial resources, together with risk analysis programmes and programmes for coordination among the elements of the Security System.
The measures applied to the population that is the subject of this agreement shall be implemented in accordance with the content of section 3.4.7.3 of this agreement and the development protocols, which must be executed in a timely and efficient manner.
The protection protocol shall discuss the means of transport that may be required in accordance with the transport needs of the protected persons.
In accordance with the decisions taken by the Technical Committee, support shall be provided for temporary relocation, media, psychosocial care and any other support necessary to ensure the effective protection of the population that is the subject of this agreement.
Bearing in mind the definitions of the Technical Committee, the state shall ensure that all the necessary protection measures are taken with regard to the comprehensive security of the offices and facilities of the new political movement or party that the FARC-EP becomes and of the homes of the persons subject to protection as covered by this agreement, in accordance with the level of risk.
The prevention, security and protection schemes, with regard to recruitment, logistics, administration, mobility, staff employment rights and other requirements for the optimal functioning and sustainability thereof, shall be defined by the Technical Committee, bearing in mind criteria of reliability and compliance that are provided by the operators to the new political party or movement that the FARC-EP becomes.
The Security and Protection Protocol shall be drawn up by the Technical Committee and approved by the Negotiation Table prior to signing of the Final Peace Agreement.
3.4.7.4.3. Security and Protection Corps
The National Government shall create a Security and Protection Corps, in accordance with what is established in this agreement, with a mixed composition, consisting of trusted personnel from the new political movement or party that emerges from the transition of the FARC-EP to legal activity, which shall coordinate and have a direct contact with the National Police, which shall in turn appoint contacts for each security and protection scheme, at national, departmental and municipal level according to the operating scheme established.
The trusted personnel of the new political party or movement arising from the transition of the FARC-EP to legal activity that make up the Security and Protection Corps must be properly trained and must meet the requirements for psychological fitness required of the other members of protection bodies. The specialised sub-directorate on security and protection at the NPU will be responsible for verifying compliance with these requirements.
The schemes shall have all the logistics needed for their operations, team and administration as required for the protection of the protected persons. The National Government shall ensure that the protection schemes are provided with the most appropriate and relevant weapons to ensure the safety of the population that is the subject of this agreement, based on the levels of risk established by the Technical Committee.
The security and protection shall relate to the members of the new political party or movement that emerges from the transition of the FARC-EP to legal activities and its offices and activities, as well as the former members of the FARC-EP who are being reincorporated into civilian life and the families of all the aforesaid, in accordance with the level of risk.
In order to work towards the construction of a professional and technical model for the Security and Protection Corps, the Technical Committee shall make proposals to the National Government, and the Presidential Delegate shall push forward the monitoring and management of these proposals, including an education and training system, employment relationship system and social security system. The system shall include training programmes in aspects relating to the protection of women and the specific risks that they face.
The security and protection protocol shall determine the operating system and composition of the protection schemes — which will have a gender-based approach — including the contacts from the new political party or movement that emerges from the transition of the FARC-EP to legal activity and the contacts from the National Police. It shall contain the criteria and guidelines of the strategic plan on security and protection.
The National Government shall make the necessary budget allocations for the comprehensive implementation of the system, and these shall be guaranteed for a minimum period of five years in the initial stage thereof.
In the case of members of the National Police that are part of the Security and Protection Corps, a rigorous model for checking criminal and disciplinary records shall be applied and security checks shall be carried out, including credibility and reliability tests, inter alia.
The members of the Security and Protection Corps shall report to the Specialised Sub-directorate on Security and Protection. The arrangements regarding employment may be by means of a direct employment contract as public servants or temporary contracts for the provision of services or incorporation of personnel via duly authorised security operators, which provide greater guarantees of reliability for the protected persons. The National Government shall make the modifications required to expand the number of staff of the NPU, where necessary.
The Security and Protection Corps shall have duly accredited security training programmes for the training and specialisation of all its members. Consultancy and training agreements may be established with national or international institutions or bodies that are experts in this area.
The Technical Committee shall establish the criteria relating to the content of the training. The members of the Security and Protection Corps shall be selected, trained and qualified at national or international institutions or academies, for which purpose the National Government shall grant all the necessary guarantees and conditions.
Constitutional and legal presumption of the risk: The members of the new political movement that emerges from the transition of the FARC-EP to legal political activity shall be presumed to be at extraordinary risk on the basis of reasonable criteria presented by its representatives to the Technical Committee. The new political movement shall be presumed to be at extraordinary risk.
The National Government shall drive forward the regulatory measures required in order for that presumption to become enshrined in law.
Psychosocial care measures: All measures shall be taken to provide resources in relation to psychosocial care, of either individual or collective nature and with a gender-based approach, to those recipients of the protection programme who have been affected as a result of any attack on their life and physical safety.
3.4.7.4.4. Implementation of the Programme on reconciliation, coexistence and prevention of stigmatisation (Programa de reconciliación, convivencia y prevención de la estigmatización) In accordance with what has been established in the Agreement on Political Participation (2.2.4), upon signing of the Final Agreement, the National Council for Reconciliation and Coexistence shall be set up, which shall be responsible for planning and implementing the Programme on reconciliation, coexistence and prevention of stigmatisation, with the involvement of territorial-based entities. The foregoing is without prejudice to the immediate measures to be taken.
3.4.7.4.5. Measures in relation to self-protection (Medidas en materia de autoprotección) A process of training in relation to self-protection shall be established for the security of the members of the FARC-EP in the process of reincorporation into civilian life and of the new political movement that emerges from the transition of the FARC-EP to legal political activity, for which purpose the National Government shall provide the new political movement with sufficient tools and resources for achieving this aim effectively.