In the context of the end of the conflict, the National Government and the FARC-EP have agreed that the National Government will promote and put into operation the measures necessary to ensure that any persons who caused harm or injury during the conflict and who express their willingness and commitment to contribute directly to satisfying victims and communities may do so by taking part in specific reparation acts. This will result from early acknowledgement of responsibility, where applicable, in coordination with collective territorial-based reparation programmes where necessary.
Under the Comprehensive System for Truth, Justice, Reparations and Non-Recurrence, all persons who have caused harm or injury during the conflict shall help to make the respective reparations. Such contributions will be taken into account if any special judicial treatment is to be granted.
Under the Comprehensive System, the National Government will take the necessary actions to promote the participation in various reparation measures of state agents and others who played a direct role in the conflict who may have caused harm or injury as a consequence of serious breaches of international humanitarian law or serious and gross human rights violations, and of anyone who may have borne some responsibility because of their indirect participation in the conflict.
The National Government will also adopt measures to promote and, where applicable, to ensure that collective reparation measures are taken by the various state bodies that may have been responsible for harm or injury caused during the conflict.
The FARC-EP are committed to reincorporation into civilian life and to taking action as part of that process to help to redress the harm or injury caused. Such action may include, inter alia, participating in infrastructure rebuilding work in the areas most affected by the conflict and in programmes to clear such areas of anti-personnel mines (APM), improvised explosive devices (IED), unexploded ordnance (UXO) or explosive remnants of war (ERW), participating in programmes to substitute crops used for illicit purposes, contributing to the search for, location, identification and dignified return of remains of deceased persons or persons deemed missing in the context of and due to the armed conflict, and participating in programmes to repair environmental damage, e.g. reforestation.
The National Government and the FARC-EP invite anyone who may have taken part directly or indirectly in the conflict and who may have caused harm or injury at the time to take part in specific acts to ensure reparations under the comprehensive system.
5.1.3.3. Collective reparations at the end of the conflict
In the context of the end of the conflict, the National Government and the FARC-EP, have agreed that the National Government will strengthen collective reparation processes and ensure that comprehensive rural reform plans and programmes will be reparations-based where applicable.
5.1.3.3.1. Reparations-based approach of Development Programmes with a Territorial-Based Focus (DPTFs)
The aim of a focus on the level of victimisation and its impact as a criterion defining areas where the DPTFs will be put into effect is to provide redress. Their implementation will accordingly seek to provide redress for victims and communities.
5.1.3.3.2. Collective reparation plans with a territorial-based focus
In order to acknowledge the harm or injury caused to communities by the conflict and to help transform their living conditions so that they can rebuild their plans in the context of the end of the conflict, the National Government will strengthen collective reparation processes with a territorial-based focus in accordance with this Agreement.
To that end, all DPTFs will include collective reparation plans, while in areas where these plans are not put into effect, plans for communities which have been particularly victimised will be strengthened, prioritising community initiatives.
In both cases such collective reparation plans with a territorial-based focus must incorporate the following aspects:
• Material and symbolic measures to address harm: Measures aimed at direct individual and collective victims, such as acts to dignify, commemorate and pay homage to them, infrastructure building and commemorative architecture.
• Coexistence and reconciliation measures: Measures to address the damage done to the social fabric and to promote coexistence within communities, including victims, former members of paramilitary organisations, members of the FARC-EP in the process of reincorporation into society and third parties who may have participated in the conflict in some way, as well as measures to build and strengthen confidence between the public authorities and communities.
• Coordination: Collective reparation plans must be coordinated, where applicable, with the DPTFS, the various plans and programmes agreed and the different efforts to achieve truth and justice.
• Action plans: A collective reparation action plan will be drawn up by means of participation.
These plans shall include: i) a diagnosis of the collective harm or injury; ii) identification of the material and symbolic measures to be prioritised; and iii) the timetable for implementation.
• Participation mechanisms: The active participation of victims and their organisations with the regional authorities will form the basis for the collective reparation plans with a territorial-based focus. Forums for participation will be created to that end to define priorities in implementing the collective reparation measures, ensuring community participation in their implementation and establishing project follow-up and oversight mechanisms. The participation of women in this approach will be ensured.
• Measures to contribute to reparations: Where applicable, collective action plans shall involve the participation of anyone who may have caused harm or injury during the conflict in developing specific acts contributing to the reparations referred to in this Agreement.
5.1.3.3.3. National collective reparation plans
In the context of the end of the conflict, the National Government will strengthen national collective reparation plans in developing this Agreement. These plans will be gender-based and will be aimed at communities consisting, inter alia, of groups and organisations such as women's and trade organisations, unions, human rights organisations, political and social parties and movements, particularly those of the opposition, and organisations of the religious sector, with a view to acknowledging the special nature of their victimisation, recovering their identity and their organisational potential and rebuilding their ability to have an impact on the development of local and national policies within a legal framework. These plans must also contribute to coexistence, guarantees of non-recurrence and reconciliation.
In the context of these plans, stress will be laid on acknowledging the responsibility of the state, the FARC-EP, paramilitaries and any other group, organisation or institution that caused harm or injury during the conflict.
The Colombian government and the FARC-EP agree that the National Government, together with the Patriotic Union (Unión Patriótica) political party will seek an amicable outcome to the litigation currently pending in the Inter-American Commission on Human Rights concerning the Unión Patriótica political party.
Accordingly, the Colombian Government undertakes to develop a Special Reparations Plan and to make the adjustments and carry out the reforms necessary to ensure the participation of victims, considered individually and collectively, and the provision of guarantees of non-recurrence.
5.1.3.4. Psychosocial rehabilitation
5.1.3.4.1. Emotional recovery measures at individual level
In order to address and help to alleviate the suffering of victims in the context of the end of the conflict, the National Government and the FARC-EP have agreed that in developing this agreement the National Government will undertake to broaden the public coverage and regional scope and improve the quality of psychosocial care to ensure the emotional recovery of victims in accordance with the specific harm or injury they have suffered, including the particular impact of sexual violence. To do this the number of local centres providing care for victims will be increased and mobile strategies to reach the most isolated places will be promoted.
In fulfilling the agreements reached the National Government will also improve access to mental health services for victims who require them.
5.1.3.4.2. Psychosocial rehabilitation plan for coexistence and non-recurrence
Within the framework of the collective reparation plans and bearing local reconciliation initiatives in mind, in developing this Agreement the National Government undertakes to increase the coverage and raise the quality of community rehabilitation strategies to rebuild the social fabric. These strategies will be developed through medium and long-term community processes whose key aims are to generate future projects for living together, build confidence among citizens and institutions and achieve peaceful coexistence within communities, including victims, former members of paramilitary organisations and former members of the FARC-EP who are in the process of reincorporation into society, as well as third parties who may have participated in the conflict in some way. The strategies will be equity- and gender-based and will involve the following components:
• Creation of spaces for community dialogue and collective mourning allowing expressions of individual and collective suffering.
• Rediscovery and generation of social, cultural, artistic, recreational and sporting activities associated to exchanges between citizens and coexistence in communities.
• Boosting of local initiatives focusing on reconciliation, dignity and acknowledgement.
• Reflection on collective attitudes regarding future life projects allowing reparations to be transformative and peaceful coexistence to be fostered.
• Creation of learning environments to strengthen the social rejection of violations and infringements that took place in the past, leading to changes in the attitudes which allowed them or justified them.
• Rediscovery of social practices abandoned as a result of the conflict.