People's Media:
The purpose of this supplement is to make available to the national and international community the necessary information about the Colombian reality in general and in particular the reality of the FARC-EP Fuerzes Armadas Revolutionarias de Colombia
It is true that the FARC-EP are not specifically a signatory of all international human rights; however, this supplement demonstrates that the FARC-EP's rules are adjusted to it, as we are a revolutionary movement that has humanitarianism as one of its logical pillars.
Title I: THE SCOPE OF THE PRESENT PROTOCOL
ARTICLE I THE SCOPE OF MATERIAL APPLICATION
1. The present Protocol, which develops and completes article 3, common to the Geneva Conventions of 12th August 1949, without modifying its current conditions of application, will be applied to all armed conflicts that are not covered by article 1 of the Protocol additional to the Geneva Conventions of the 12th of August 1949, which concerns the protection of the victims of international armed conflicts (Protocol 1) which develop in the territory of a high contractual party between its armed forces and dissident armed forces or other organized armed groups which under a responsible command, exert control over a part of that territory such that allows them to carry out sustained and concentrated military operations therefore apply the present Protocol.
2. The present Protocol shall not be applied in situations of internal tensions or disturbances. Such as mutinies, sporadic and isolated acts of violence and other acts that are not armed conflicts.
The FARC-EP developed their war of resistance in an uninterrupted manner since 27 May 1964, when 48 patriots 46 men and 2 women took up arms in the municipality of Marquetalia (Tolima) against the aggression of the establishment, which the different governments have continued. The FARC-EP are now exercising the people's legitimate right of rebellion and self-determination. They struggle for the construction of a new Colombia, without exploited or exploiters, in peace, with dignity and sovereignty and for the fundamental rights of the majority of Colombians.
Historically, the FARC-EP have been the people's army and have consolidated as a military-political organization, which is made up of sixty fronts that are present on all over the entire national territory. It also has urban structures in the cities, which are organized into seven blocks of fronts.
All the activity of the FARC-EP is regulated by:
a) The Statute
b) The regulations of the disciplinary regime
c) The internal rules of command
· The Statute formulates the ideological foundations of the FARC-EP; it defines its organic structure, the regime of command, the obligations and rights of the combatants and the basic principles of the revolutionary organization.
· The Regulations of the Disciplinary Regime deals with essential matters of military order.
· The Internal Rules of Command deals with the usual daily practices of the different units of the FARC-EP.
· The Eighth National Guerrilla Conference of the FARC-EP, held in April 1993, introduced and updated the provisions of the Statute, Regulations and Rules. These will apply until a new Conference is undertaken.
· The National Guerrilla Conference is the highest level of authority in the FARC-EP, Therefore it defines the politics of the organization.
· The Statutes define the organic and hierarchical structure of the FARC-EP. As an example we quote parts of article 3 of chapter II and chapter III.
Chapter II
Article 3: The structure of the FARC-EP corresponds to the following order:
a) Squad: the basic unit consisting of 12 combatants.
b) Guerilla: consists of two squads.
c) Compañía (Company): consists of two guerrillas.
d) Column: consists of two or more companies.
e) Front: consists of more than one column.
f) The Central High Command (Estado Mayor Central) designates the highest command of each front.
g) Block of Fronts: consists of five or more fronts. It co-ordinates and unifies the activity of the fronts in a specific zone of the country.
h) The Central High Command or its secretariat designates the High Command of each Block. They co-ordinate the areas of the respective blocks.
i) The Central High Command (Estado Mayor Central) is the superior organism of direction and command of the FARC-EP. Its agreements, orders and decisions rule over the entire movements and all its members.
CHAPTER II
REGIME OF COMMAND
Article 4. The hierarchical structure of the FARC-EP, is as follows:
a) Squad deputy
b) Commander (12h)
c) Guerrilla Deputy
d) Commander of the Guerilla
e) Company Deputy
f) Company Commander
g) Column Deputy
h) Column Commander
i) Front Deputy
j) Front Commander
k) Block Deputy
l) Block Commander
m) Central High Command Deputy
n) Commander in Chief of the Central High Command
The following are collegiate organisms of direction and command:
The Central High Command, the High Commands of Blocks and Fronts and the Commanders of Columns, Guerrilla and Squads.
The organisms of direction previously mentioned are ruled by the principle of collective order.
Article 5
For each responsibility in the command the correspondent badge is created and controlled by the Mayor Central Command.
The prerequisites to be a commander according to article 6 of the Statute are the following:
g) To possess revolutionary courage and high moral values and to be endowed with exemplary honesty.
h) To respect the interests of the civilian population, to behave correctly with them and to earn their trust.
The National Command of the FARC-EP, elected in the National Guerrilla Conference, is the Central High Command, of which the National Secretariat is part. This is composed of seven members; among them, its maximum authority and Commander in Chief Manuel Marulanda Velez. The other six members are the Commanders Raúl Reyes, Alfonso Cano, Timoleón Jimenez, Iván Marquez, Jorge Briseño and Efraín Guzmán.
For a better understanding of the ranks in the FARC-EP, we reproduce below a table that compares the ranks in the FARC-EP with those of traditional armies.
TRADITIONAL ARMY
FARC-EP
Sub official
Candidate for Commander
Corporal second class
Squad Deputy
Corporal first class
Squad Commander
Sargent second class
Guerilla Deputy
Sargent first class
Guerilla Commander
Sargent Major
Company Deputy
Sub lieutenant
Company Commander
Lieutenant
Column Deputy
Captain
Column Commander
Major
Front Deputy
Lieutenant Colonel
Front Commander
Colonel
Block Deputy
Brigadier General
Block Commander
General Major
Central High Commander Deputy
Three star General
Commander of the Central High Command
Commander in Chief of the Central High Command
The Belligerent Character of the FARC-EP
In addition to the previous elements, there is an explicit and de facto recognition of the belligerent character of the FARC-EP; as there have been conversations and meetings since the 1980s and accords have been signed. Furthermore at the international level there are political and diplomatic relations with different governments with different political parties, international governmental organisms, non-governmental agencies and prominent individuals. In the history of the FARC-EP there have been different encounters and meetings in an attempt to find a political solution to the conflict that the Colombian people suffers. Amongst these we highlight the following:
1984- The signing of the accords for a cease-fire, truce and peace, also known as La Uribe accords between the Colombian Government (Belisario Betancur and the FARC-EP).
1986-90 Multiple meetings between representatives of the Virgilio Barco/ Cesar Gaviria Governments and the National Secretariat of the FARC-EP.
1991- Talks between the Government (Cesar Gaviria) and the insurgent armed forces that make up the Simon Bolivar Guerilla Coordination (Coordinora Guerillera Simon Bolivar - CGSB) in Caracas, Venezuela.
1992- Another round of talks between the Government (Cesar Gaviria) and the Simon Bolivar Coordinator in Tlaxacala, Mexico.
1998- The President elect Andres Pastrana visits the FARC-EP camps and interview with Commander in Chief Manuel Marulanda Velez.
1998- Members of the National Secretariat of the FARC-EP meet with a governmental delegation.
1999, 7th of January- The instalation of public peace talks in San Vicente del Caguan, Caqueta one of the five municipalities demilitarized by the Government as a condition demanded by the FARC-EP for the peace talks. These talks where attended by national and international guests, representatives of the powers of the state and the accredited diplomatic body of Colombia.
PROTOCOL I. ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, RELATIVE TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS. (PROTOCOL I).
SECTION 2 STATUTE OF COMBATENTS AND PRISIONERS OF WAR.
Article 43, Armed Forces.
The armed forces of one side of the conflict are made up of all the armed and organized forces, groups and units that are placed under one command, which is responsible for the conduct of its subordinates, even when this side is represented by a government or an authority that is not recognized by the adverse side of the conflict. Such armed forces must be submitted to a regime of internal discipline that requires compliance, amongst others, to the rules of International Law applicable in armed conflicts. As previously stated the activities of the Revolutionary Armed Forces of Colombia - People's Army (FARC-EP) are regulated by:
a) The Statute
b) The Regulations of the Disciplinary Regime
c) The Internal Rules of the Command
The revolutionary morality, ethical and principals that bind every member without exception or distinction guide all the rules contemplated in the fundamental documents of our organization. We are integrally part of the people; we are the people's revolutionary army, the reason for our struggle is the solution to the problems of all the Colombian people; for that reason it is not part of our politics to damage the interests and rights of the people. As an example of this we quote these articles from our regulations.
The Revolutionary Armed Forces of Colombia - The People's Army, as the most elevated expression of revolutionary struggle for national liberation, are a military - political movement which develops its action in the ideological, political, organizational, propagandistic and in battalions of guerilla fighters. These conform the tactic of combining all these forms of struggle of the masses to gain power for the people. The discipline of the FARC-EP is political-military and under the direct orders of the Central High Command (Estado Mayor Central) which is the superior organism in the chain of command. Their agreements, orders and decisions rule over all of the movement and all it's members. All the material that is approved by the National Conference and the Central High Command are obligatory for all of the FARC-EP. The initiation into the FARC-EP is an act of conscience, voluntary, personal and between the ages of 15 to 30 years.
Duties of the FARC-EP
· Defend the interests and goods of the movement, the political organization and the masses.
· Respect prisoners of war, their physical integrity and convictions.
Actions that are penalized
· Utilizing guerilla columns against the masses
· Gossiping and spreading false information. Derogatory nicknames and the use of threats against particular persons.
· Disrespect of the masses by members of the movement.
· The murder of civilian men or women
· Sexual assault
· Theft from the civilian population
· Fraudulent or advantageous transactions with the masses.
· The consumption of drugs
· Any activity, which goes against the revolutionary morality, the healthy customs or that lowers the opinion of the FARC-EP before the masses.
· Any activity that impedes religious practices by the people.
The political line that the FARC-EP takes when developing work with the civilian population is regulated in the following manner:
A. In our fundamental objective of taking power, we must win over the hearts and minds of the people. For that reason all our military, political, organizational and propaganda actions should be directed so that the masses of the country and the city feel that we struggle to defend and represent their intereses, needs and ideas.
B. In our work of organization, agitation, political propaganda and military action, it is very important that the people understand why we develop each of our activities. Our open struggle as much as our conspirative struggle should be understood by the masses as being their struggle. The FARC-EP is an armed part of the masses.
C. Our organization and arms should always be at the service of the people so that we are seen as the their army. It is very important to always be transmitting our politics to the masses, so that they are conscious of it and therefore can participate in the struggle.
D. The work with the masses should always be directed towards consciousness-raising and recruitment to an organization involved in the struggle. Either in a Union, a group of collectives, the Bolivarian Milicia, the centers of solidarity, the guerilla etc.
E. We should dedicate special attention to community leaders that lead their community in the daily struggle; we will always make a special effort to attract them to our struggle.
F. We should always reflect our humility and we should always be prepared to give the best of ourselves for the desires and aspirations of the people.
G. Always remember not to give orders to the civilian population. We will win over their hearts and minds so that they may join the struggle.
H. The Conference underlines that we must not procrastinate in the work of constructing clandestine political organizations as the necessary tool to reach the objective that we set.
A clear example of the FARC-EP's concern for the civilian population is this communiqué that was reproduced by the international commission on the 8th of July 1998. It contains recommendations so the civilian population do not suffer the consequences deriving from the armed conflict.
To the civilian population
The FARC-EP does not use the technical terms of International Human Rights. However in a few of our documents there are rules established that aim to protect the civilian population from the conflict. These establish criteria that coincide with basic principles of human rights, such as the distinction between combatants and non-combatants and the immunity of the civilian population.
Recommendations to the Colombian civilian population
1) The civilian population should avoid having military garrisons or police stations near their houses or in areas that are densely populated.
2) The civilian population should avoid letting police use their personal cars or public transport. If the proprietor or driver is obliged to, it is preferable that they get out and hand over the keys, leave the car in the responsibility of the army and get a signed piece of paper that shows just that.
3) The civilian population should not board military vehicles of any type.
4) Civilian vehicles should maintain a distance of at least 500 meters from military vehicles or convoys on Freeways.
5) The civilian population should abstain from guiding soldiers in rural areas.
6) The civilian population should abstain from entering military garrisons or police stations and they should not sleep in them.
7) In areas of conflict, vehicles belonging to the press or humanitarian organizations should always have stickers or signs visibly indicating their organization. They should also travel at slow speeds.
One of the accords signed by the Simon Bolivar Coordinator in the first meeting of commanders Jacobe Arenas was:
STANDARDS OF BEHAVIOUR WITH THE MASSES
We are convinced that in front of our people we should behave and act like revolutionaries, like new men and women, with humility and in this manner contribute to their incorporation into the struggle. The commanders of the Simon Bolivar Guerilla Coordinator have come together in their first summit Jacobe Arenas, to call upon the Bolivarian combatants to comply to the following rules of behavior before the masses.
1) Our daily behavior and our plans, which we strictly follow, must come from the interests of the people.
2) We must respect the ideas, political, philosophical, and religious attitudes of the population and particularly the culture and autonomy of the indigenous and other minority ethnic groups.
3) We should not impede the right to vote or oblige the people to vote.
4) In the daily development and displacement of our political-military work, the security of the workers, their homes and wellbeing has to be taken into account.
5) We must respect the different methods that our collaborators use to maintain their secrecy when relating to us.
6) Our internal discipline and our work within the masses privilege the use of caution with the innocent or with friends, so that they are not left to the mercy of the terrorism and hate of the official army and their paramilitaries.
7) Everywhere where the masses are attacked by the official army and paramilitary by bombardment or destruction of their goods, we must be active in denouncing and combating these terrorist acts, so the people feel supported by us.
8) Murder or any kind of insult that is proved to be committed against the civilian population is considered to be a crime.
9) On our behalf there must be no impositions on the masses. We must endeavor that our arms are seen as their arms.
10) Claims of aggression made by the combatants against the community or other persons must be exhaustively investigated, taking into account the viewpoint of the community.
11) The commanders and the combatants must study and practice the rules of International Humanitarian Rights relevant to the conditions of our revolutionary war.
12) Should it be necessary to detain someone, to check or verify absence, being that this person is a militant or sympathizer from a sister organization, or if possible the person should be handed over.
13) In cases our fundamental principle is the respect of the right to live.
14) The commanders and the combatants must keep in mind that execution can only be carried out for the gravest of crimes committed by enemies of the people and with explicit authorization in each case by request of the superior in each organization. In every case there has to be a confrontation of the proof and the decision must be decided collectively, the commander must act in a manner consistent to the proof.
15) Alcoholism, drug addiction, theft and dishonesty are antirevolutionary vices, which damage the trust of our people.
16) We must not abuse the trust and generosity of the people and we must never ask for goods for our personal benefit.
International law for War, part of International Civil Law decides how to classify each armed conflict, which also applies these laws to civil wars and internal conflicts within a country. The war in Colombia is a typical case. These laws were put together and the terminology was regulated and sanctioned by the Geneva Conventions of August 1949 and by the first and second additional Protocols of June 1977, all of these signed and ratified by Colombia. It is these additional Protocols that make explicit reference to the rules for regulation of civil wars and armed conflicts, individually addressing insurgent forces who having taken part of the national territory from the control of the government have become subjects of International Law. The conditions that are decided by the Geneva Conventions, in particular for the additional protocol I, to consider "Legitimate Combatants" as those that are incorporated in politically insurgent armed forces are the following: a) That they wear a uniform that is recognized by the enemy. b) That they openly carry their arms. c) That they are dependent upon a responsible command. d) That they respect the laws and customs of war. Taking into account these rules we must consider all the effects of the law, on the militants of the FARC-EP as "legitimate combatants" of an insurgent force, existing and recognized by the law of the Colombian State. On the basis of President Andres Pastrana, representing the National Government, exercising his constitutional and legal powers in particular those provided by the Act 148 of 1997, issued the resolution concerning the dialogue.
The resolutions of dialogue
First resolution
It is recognized that there are members who represent the FARC-EP and for that reason we can declare the initiation of a peace process, recognizing the political character of an armed organization and their peaceful signals.
The national government in exercising their constitutional and legal attributes, especially law 148 of 1997 considers the following:
1) That the Revolutionary Armed Forces of Colombia (FARC-EP) has expressed their proposals and willingness for peace.
2) That the national government attending to the willingness for peace, expressed by the Colombian people in the ballet box on the 26th of October 1997 in the "Mandate for Peace, Life and Freedom", has initiated conversations with the previously mentioned insurgent organization with the goal of peacefully resolving the armed conflict.
3) That the government and the members representing the FARC remember to initiate the dialogue process inside the first 3 months of the new government, these would take place in a peaceful zone understood to be between, Mesetas, La Uribe, La Macarena, Vistahermosa and San Vicente del Caguan municipalities. There has also been a resolution to:
First Article
To declare open the process of dialogue with the Revolutionary Armed Forces of Colombia (FARC-EP).
Second Article
To recognize the political character of the organization previously mentioned.
Third Article
To establish a peaceful zone in the municipalities of Mesetas, La Uribe, La Macarena, Vistahermosa. These are municipalities in the department of Caqueta.
This should be done during ninety days from 7th November 1998 until 7th February 1999 with the purpose of carrying out the dialogue already mentioned.
Fourth Article
The present resolution will apply from the date of its dispatch.
Communicated and fulfilled. Given in Bogota on the 14th of October 1998. Signs the president of the Republic, Andres Pastrana and the Minister of the interior, Nestor Humberto Martinez.
Second Resolution
Whereby some people are recognized as representative members of the Revolutionary Armed Forces of Colombia (FARC-EP), the National Government in practice of its constitutional and legal attributes, especially referring to the law 148 of 1997 considers the following: According to the second paragraph of the eighth article from law 148 of the 26th December 1997, the Revolutionary Armed Forces of Colombia (FARC) has designated Mr. Raul Reyes, Mr. Fabian Ramerez, and Mr. Milton de Jesus Daniel as representative members of the organization previously mentioned to participate in the dialogues, negotiations or subscription of accords with the National Government or its delegates. The following are resolved:
First Article
To recognize Mr. Raul Reyes, Mr. Fabian Ramerez, and Mr. Milton De Jesus Daniel as representative members of the Revolutionary Armed Forces of Colombia (FARC), in the dialogue process, negotiations or accords that this organization initiates with the Government. The present resolution will apply from the date of its dispatch. Communicated and fulfilled. Given in Bogota on the 14th of December 1998. Signs the President of the Republic, Andres Pastrana, and the Minister of the Interior, Nestor Humberto Martinez.
5. In the presence of an existent belligerent relation, which recognizes that "accords between belligerent forces" is possible, based on the international law, which was signed and ratified by Colombia. Among all of the possible accords (the fulfillment of truces, the creation of peaceful, healthy and secure zones, the protection, attention and evacuation of the injured and the sick etc.). Today it seems particularly important, the prerequisite for progress to be the exchange of prisoners as is covered by article 44 of Protocol I additional to the Geneva Conventions of 1977, which does not discriminate between legitimate combatants. The FARC-EP has as a compulsory rule to respect life, to provide medical assistance, food and humanitarian treatment of prisoners of war that are captured in battle.
These principles have always been present. Since the first prisoners that where captured in this war, the rule that predominated was the good treatment and quick hand over to the civil, ecclesiastical authorities or to persons of a recognized moral authority in the nation. This has been carried out on several occasions. This custom matured as the national conflict took on a greater scope, making the FARC-EP strictly respect their rules and ethical principles in regard to detaining soldiers or policemen as prisoners in insurgent camps, where their rights are strictly respected. An example of this situation, is the taking of the military base in Las Delicias, Putumayo. The product of this action was that 60 soldiers where taken as prisoners by the Column Arturo Medina from the Southern Block. From the first moment that these soldiers where under our control our revolutionary rules obliged us to: 1) Return these prisoners safe and sound to their homes.
2) Give them a humane, respectful treatment that logically includes the necessary medical attention.
We proceeded with the confirmation that a commission that had a national and international presence was welcomed by organizations, governments and personalities that were asked for their participation, to process before the Colombian Government the necessary guaranties for the return of such prisoners. At last after almost a year the Colombian Government of Ernesto Samper (1994-1998) agreed to create the secure conditions necessary for the return of the 60 prisoners of war captured in Las Delicias, Putumayo and ten that where captured in Jurado, Choco.
Indeed this experience demonstrates before the national and international opinion that the FARC-EP fall between the parameters recognized by the protocols of Geneva.
Numerous delegates of the national and international community, diplomats, as well as representatives of international media corporations that were present for the return of the soldiers carried out in Cartagena del Chaira, on the 15th of June 1997.
Due to acute crisis and the development of the war and the expertise of the FARC-EP's military action, the FARC-EP has more than four hundred members of the official Armed Forces and the National Police as prisoners of war and under guerilla control. Which according to the rules and principles already mentioned guarantees their life as well as their moral and physical integrity. At the same time hundreds of guerilla fighters are in state cells along with thousands of political prisoners that where involved in social struggles and who's political status is not recognized. As it has been continuously proved by specialized organisms, the human rights of these prisoners are not respected.
Based on this reality and according to the international legislation as well as the Geneva Conventions and its protocols, we propose to the three powers of the Colombian State; Executive, legislative and judicial, to pass a permanent legislation that allows prisoner exchange.
In this way the FARC-EP wishes to put an end to the difficult situation in which these compatriots and their families find themselves. The solution is in the hands of the legislators.
The FARC-EP claim to be a belligerent force that practices human rights taking into account the rebellion and free self determination of the Colombian people. Its objectives are to defend the interests of the national majority.
