FARC and Government to Settle Dispute Over Transitional Justice

The peace delegations from the leftist Revolutionary Armed Forces of Colombia (FARC) and the Colombian government issued a joint communique Friday, where the two parties agreed to settle their differences over the interpretation of a recently signed historic agreement regarding transitional justice.

The communique specifies that legal advisers for both negotiating parties would analyze their differences over interpretation of the text starting on Oct. 17, well ahead of the scheduled start of the next round of negotiations on Oct. 27. 

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The statement also acknowledged that the meeting was “respectful and constructive” and that representatives from the two guarantor nations, Cuba and Norway, were present.

The disagreement over the interpretation of the text had threatened to negatively affect the significant progress achieved recently at the negotiation table between the FARC and the government.

Optimism grew that the ongoing peace talks would produce a final deal when Colombian President Juan Manuel Santos and FARC Commander Timoleon Jimenez both traveled to Cuba in late September to sign an agreement regarding transitional justice.

The topic of transitional justice was seen as one of the more contentious topics during the talks and the signing on an agreement on the topic was so significant that both the FARC and the government felt confident enough to commit to having a final deal by March 23, 2016.

A firm deadline for the a final deal had previously been deliberately avoided, in particular due to resistance from the rebels.

As recently as Thursday, Commander Ivan Marquez, head of the FARC delegation, had called on the government to act in good faith and cease making public statements questioning the interpretation of the text on transitional justice.

At the same time the Colombian government was arguing that the text of the agreement was not completely final and subject to interpretation, saying that issues such as extradition, kidnapping and the selection of judges for a special court are still subject to review.

Colombian Justice Minister Yesid Reyes said Wednesday that the two parties had reached consensus on 70 out of 75 points. However the remaining five points deal with thorny issues such as the possible extradition of rebels to the United States, something the FARC had repeatedly said they would never agree to.

The FARC and its supporters are still seeking the release of Commander Simon Trinidad, who was captured and sent to the United States during the government of far-right former president Alvaro Uribe.