Transitional justice and action without harm: a reflection on the land restitution process
Dejusticia | May 15, 2017
This document compiles the reflections made in recent years by the Transitional Justice team of Dejusticia and the Action without Harm team of the National University of Colombia.
This document compiles the reflections made in recent years by the Transitional Justice team of Dejusticia and the Action without Harm team of the National University of Colombia as part of the multi-stakeholder initiative whose purpose was to incorporate these two approaches to land restitution policy. The Swiss Agency for Development and Cooperation and the Special Administrative Unit for the Restitution of Lands Management were also involved.
The text defines both approaches – transitional justice (TJ) and action without harm (AWH) -, drawing from its main characteristics and principles and identifying the tensions found in their application. In order to materialize this reflection, the authors address the restitution process and, more specifically, the problem of second occupants – other victims or vulnerable landless peasants – as it tries to reverse the dispossession and abandonment of land while promoting reconciliation conditions, social justice and, lastly, peace in the territories. The alternatives that arise – but above all, the questions and tasks that remain – are approached through TJ and AWH.
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