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

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

By Dejusticia | Aug 21, 2017

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.

Rural reform decree to resolve historic debt with peasants

By Dejusticia | Aug 15, 2017

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

By César Rodríguez Garavito | Jul 26, 2017

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

Litigation

Rural reform decree to resolve historic debt with peasants

By César Rodríguez Garavito, Rodrigo Uprimny Yepes, Nelson Camilo Sánchez León, Irina Alejandra Junieles Acosta, Gabriela Eslava, Ana Jimena Bautista, Maryluz Barragán | Aug 15, 2017

Prison is not the only sanction in transitional justice mechanisms

By César Rodríguez Garavito | Jul 26, 2017

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 Constitution of 1991 is open to peace and the profound changes it requires

By Rodrigo Uprimny Yepes | Jul 25, 2017

What is the nature, scope and type of control that the Constitutional Court must exercise over the Legislative Acts issued to implement the Final Peace Agreement? Intervention by Rodrigo Uprimny before the High Court.

Columns &
Blogs

Undue pressure in the wrong direction

By Luis Felipe Cruz | Sep 6, 2017

Why let the United States continue to pressure the government to deal harshly with communities that plant coca, if the problem lies in the ban promoted by the U.S. and delays in rural development in Colombia?

To prohibit paramilitarism?

By Rodrigo Uprimny Yepes | Aug 20, 2017

Perhaps the constitutional prohibition of paramilitarism will not magically make disappear this atrocious phenomenon and its consequences in Colombia. But it would mean a big step in building a robust policy to prevent and punish it, along with the actions that have made it possible.

Mass release of criminals?

By Juan Sebastián Hernández Moreno, Carolina Villadiego Burbano | Aug 16, 2017

This measure - which undoubtedly causes alarm and creates problems - is necessary to mitigate the damages caused by the inability of the Colombian State to provide this basic service quickly and efficiently. Six necessary clarifications on a Law that has been poorly understood.

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.

Normative implementation of the peace agreement

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.