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

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

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 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

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

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

Sentences and political participation

That the FARC leaders can aspire to be elected before being judged by the JEP is not an arbitrary formula: it allows the former commanders to ensure the cohesion of the guerrilla and its transformation into a political actor.

There was no trick

There was no trick because there was no intention to evade the popular will. In a very difficult and volatile context, the government opted for the representative of the people, which is Congress, to interpret and decide whether or not the new agreement met the popular mandate of the plebiscite.

Peace implementation: was there a trick?

In the plebiscite for peace, some voted for hatred of the FARC; others because they conscientiously read the agreement and rejected it; others came out in anger after reading certain messages, not always accurate, that they received, etc. An obvious question arises: who could interpret and decide whether the changes incorporated into the new agreement genuinely responded to the concerns of those who voted against it?

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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