Transitional Justice

We focus on the rights of victims to truth, justice, reparation and reconciliation in the context of armed conflict

Photo: Trocaire

Victims' Rights & Constitutional Transitions

We focus on the rights of victims to truth, justice, reparation and reconciliation in the context of armed conflict in Colombia. Our advocacy in Colombia on these issues has an international perspective, which we hone by developing case studies on constitutional transitions in other parts of the world and participating in forums for expertise- sharing which bring together international organizations and networks.
 
We analyze and have an influential expert voice in the Processes of Justice and Peace, the Legal Framework for Peace, the Law of Victims and, currently, the Peace Process in Colombia. We study and contribute to the debate on the mechanisms for the approval of the peace agreement, prosecution, alternative penalties, and the truth commission—always with a distributive justice perspective and with the aim of achieving reparations that are truly transformative.

Activities & Direct Advocacy

Jury Finds Former Bolivian President and Defense Minister Responsible for Extrajudicial Killings of Indigenous People

Gonzalo Sánchez de Lozada, and Carlos Sánchez Berzaín, ordered security forces in Bolivia to use deadly military force against unarmed civilians to suppress popular protests against government policies. In all, security forces slaughtered 58 citizens and injured more than 400, almost all from indigenous Aymara communities.

Victims and press after the war

The drive to conduct this research was born out of the tension that developed on May of 2017 in the context of the journalistic coverage of the exhumations of those who died in the Bojayá massacre.

Dejusticia refrains from commenting on selection of Special Jurisdiction for Peace (JEP) members

In order to maintain our autonomy and preserve the capacity for independent reflection, we will not comment on the applicants to the Integral System of Truth, Justice, Reparation and Non-Repetition.

Litigation

Rural reform decree to resolve historic debt with peasants

Terrible conditions in the countryside and lack of access to land are linked to the armed conflict. Point one of the Peace Agreement, which is under study by the Constitutional Court, addresses these issues. Dejusticia presented an intervention supporting most of its content.

Prison is not the only sanction in transitional justice mechanisms

César Rodríguez defended that the Comprehensive System of Truth, Justice, Reparation and Guarantees of Non-Repetition is in line with the Constitution. Regarding penalties, he affirmed that international law discusses effective sanctions, not imprisonment.

The reform that gives stability and legal certainty to the Peace Agreement is constitutional

Dejusticia defended the constitutionality of the Legislative Act that gives legal certainty to the Final Agreement, and stressed that its contents respond to fundamental rights and international humanitarian law norms.

Columns &
Blogs

The needles revolution: reducing damages while protecting the health of drug users

Offering new needles to drug users - no matter how controversial it could be - is increasingly urgent in order to protect the health and rights of these populations.

A mother with many daughters

Daughters from a same mother are mobilizing in Colombia, Ecuador, the United States, Philippines and Mexico to defend it.

The right to live and die without pain in the Americas

Living and dying without pain is a very important component of the right to health. Consequently, States have an obligation not only to remove obstacles that prevent patients from obtaining palliative drugs, but also to promote more flexible programs and policies that facilitate access to these medicines.

Project Highlights

Photo: Piyushgiri Revagar

Accountability of Corporate Actors During Transitional Justice Processes

As part of a broader project on the accountability of corporate actors during transitional processes, Dejusticia, along with partner organizations, intervened in the the 2nd Session of Open-Ended Intergovernmental Working Group on Transnational Corporations and Human Rights

Dejusticia, as an organization with ECOSOC consultative status, presented an oral intervention during the second panel of the session, calling attention to the special conditions of societies living in the context of conflict or undergoing a transition process. These societies have special conditions as they demand accountability from economic actors that have cooperated or assisted in the violation of human rights during armed conflict. Thus, Dejusticia requested that the Working Group consider specific provisions that take into account the needs of these societies to prosecute corporate complicity with conflict actors.

A transcript of our intervention can be found here.

Dejusticia analyzes and tracks the normative implementation of the peace agreement between the Colombian government and the FARC-EP. Our work includes short documents analyzing the constitutional and legal reforms that develop the agreement; participation in public hearings in Congress; interventions before the Constitutional Court; work in networks of civil society organizations, academics and university research groups; and participation in media debates.

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