Dynamic capabilities, enablers and benefits within supply networks

Lastly, the success of the Commission will depend on the recognition of responsibilities by those who directly or indirectly took part in the conflict and on the commitment of all sectors of society to the process of construction of truth as an expression, inter alia, of their rejection of indolence.

Therefore, the National Government and the FARC-EP, as part of their moral and political commitment to contributing to the realisation of victims’ rights, undertake to make a real contribution to the process of clarifying the truth and to acknowledge their respective responsibilities to the Commission, inviting all sectors of society to participate in this effort.

5.1.1.1.1. Guiding criteria:

• Focus on victims: The Commission’s efforts shall be focused on guaranteeing the participation of the victims of the conflict, ensuring the restoration of their dignity and contributing to the realisation of their right to the truth in particular, and in general of their rights to justice, comprehensive reparations and guarantees of non-recurrence, always taking pluralism and equity into consideration. All of the foregoing should also help change their living conditions for the better.

• Impartiality and independence: The Commission shall be an impartial and independent mechanism with full autonomy to carry out its mandate and fulfil its functions.

• Temporary nature: The Commission shall be a special body that will operate for a limited period of time in order to enable its conclusions and recommendations to effectively contribute towards building a stable and long-lasting peace.

• Participation: The Commission will set in motion a broad, pluralist and balanced participatory process where different voices and views will be heard; in the first place, those of the victims of the conflict, who are considered as victims due to their relationship with any kind of circumstance of the conflict, both individual and collective, and also those of persons who directly and indirectly took part in the conflict, as well other relevant stakeholders.

• Territorial-based approach: The Commission shall be a national body but shall take a territorial-based approach in order to achieve a better understanding of the regional dynamics of the conflict and the diversity and particularities of the territories affected, aimed at promoting the truth-building process and contributing to the guarantees of non-recurrence in the various territories. The territorial-based approach will also take into

consideration the people and populations that were forcefully displaced from their territories.

• Equity-based and gender-based approach: In carrying out its mandate and functions, the Commission will take into account the different experiences, different impacts and individual conditions of people, populations and sectors being discriminated against or that are vulnerable or particularly affected by the conflict, inter alia. Special attention will be afforded to victimisation suffered by women.

• Coordination with other peacebuilding measures: The Commission will work in coordination with the mechanisms adopted for the implementation of the Final Agreement. In particular, where pertinent, it will work in coordination with the peacebuilding plans and programmes set in motion across the country’s territories as a result of the implementation of the Final Agreement.

• Guarantees for the commissioners: With regard to their work for the Commission, commissioners will not be compelled to make statements in judicial processes, they will be exempt from the duty to report offences, and their opinions and conclusions may not be judicially challenged.

• Safety conditions: The Commission will assess the safety conditions necessary for the performance of its work and will coordinate, with state authorities, the adoption of the safety measures necessary both for commissioners and for those who take part in the Commission’s work.

• Coexistence and reconciliation: In order to contribute to the goal of non-recurrence and reconciliation, the Commission’s work in the performance of its mandate will have the aim of promoting coexistence among the Colombian people, particularly in the territories most affected by the conflict and violence. For that purpose, the Commission will seek to ensure that the forums or hearings it holds help to strengthen respect and tolerance and citizens’

trust in one another and in the regulations that ensure the enforcement of and the respect for human rights. In this manner, the Commission will also help to lay solid foundations for peacebuilding.

• Procedural rules: The Commission will first establish procedures aimed at ensuring the proper guarantees and fair, honourable and non-discriminatory treatment for those who take part in it.

• Methodology: The Commission will take all necessary measures to ensure the utmost possible objectivity and impartiality in carrying out its work, for which purpose it will adopt procedures to compare and verify the quality of the information it collects, including the reliability thereof, and to identify false information that may be provided to the Commission in bad faith. The Commission will publicly disclose its methodology.

• Extrajudicial mechanism: The Commission will be an extrajudicial mechanism. In this regard, its work will not be of a judicial nature and may not lead to criminal charges against those who appear before it. The information received or produced by the Commission may not be handed over by it to the judicial authorities for the purposes of attributing liability in judicial processes and it shall be of no probative value; likewise, the judicial authorities may not demand that it do so.

The Commission may request the information required for the fulfilment of its mandate before magistrates, judges and investigative bodies, in accordance with the protocols established for that purpose, always with respect for the guarantees of due process.

Documents received by the Commission which may constitute documentary evidence and are not verbal or written versions or testimonies that a person gives to the Commission, shall not lose their probative value and the use thereof by the Commission shall not interfere with the judicial proceedings underway.

5.1.1.1.2. Mandate:

The Commission’s mandate will be to elucidate and promote the recognition of:

• Practices and deeds constituting serious human rights violations and serious infringements of international humanitarian law (IHL), in particular those reflecting patterns or on a mass scale, which took place in the course of the conflict, as well as the complexity of the territorial contexts and dynamics where these happened.

• The collective responsibilities – of the state, including those of the Government and the other public authorities, of the FARC-EP, of the paramilitaries, as well as those of any other group, organisation or institution, domestic or international, that took part in the conflict in any way – for the practices and deeds referred to in the preceding paragraph.

• The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, children, adolescents, youths and the elderly, persons on the basis of their religion,

opinions or beliefs, persons with disabilities, indigenous peoples, rural communities, the Afro-Colombian, black, palenquero and raizal communities, the Roma community, the LGBTI community, displaced and exiled persons, human rights advocates, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women, inter alia.

• The impact of the conflict on the exercise of politics and the operation of democracy as a whole, including the impact on political and social parties and movements, particularly those in opposition.

• The impact of the conflict on those who directly took part in it as combatants, and on their families and surroundings.

• The historical context, the origins and multiple causes of the conflict, taking into account as input, inter alia, the reports of the Historical Commission of the Conflict and its Victims.

• The factors and conditions that facilitated or contributed to the longevity of the conflict, taking into account as input, inter alia, the reports of the Historical Commission of the Conflict and its Victims.

• The development of the conflict, particularly the acts of the state, guerrillas, paramilitary groups, and the involvement of different sectors of society.

• The phenomenon of paramilitarism, including its causes, origins and forms of expression; the organisation thereof and the various forms of cooperation with paramilitaries, including funding; and the impact of paramilitary acts on the conflict.

• Displacement and dispossession of land during the conflict and the consequences thereof.

• The relationship between conflict and crops used for illicit purposes, the production and selling of illicit drugs and money laundering associated with drug trafficking.

• Processes for strengthening the social fabric in communities and individual or collective experiences of resilience.

• Positive changes in organisations and institutions over the course of the conflict.