An Overview of the DDR Process Established in the Aftermath of the Revised Peace Agreement between the Colombian Government and the FARC: Finally on the Right Track?

Global Jurist ◽  
2017 ◽  
Vol 18 (1) ◽  
Author(s):  
Francesca Capone
Keyword(s):  
Transitional Justice ◽  
Civilian Life ◽  
Peace Agreement ◽  
Essential Step ◽  
Peace Negotiations ◽  
Colombian Government ◽  
Justice Process ◽  
Specific Factors ◽  
Context Specific ◽  
The Right

Abstract The revised peace agreement between the Colombian Government and the FARC, officially approved by the Congress on 30 November 2016, covers several crucial issues, including the destiny of the FARC rebels in the aftermath of the world’s longest civil war. The establishment of an effective DDR process is an essential step to ensure that FARC's members will meaningfully transition into civilian life and it represents one of the most controversial aspects amongst those addressed during the four years peace negotiations that led to the signature of the current deal. The present article, after providing an overview of the essential features of DDR programmes and the context-specific factors that can either facilitate or hamper their implementation, will first look at Colombia’s past attempts to reintegrate former FARC combatants and then it will discuss the DDR process outlined in the peace deal under implementation, arguing that, in comparison to the previous efforts and at least on paper, it satisfies many of the key requirements for success, in primis being part of a comprehensive transitional justice process.

scholarly journals Aproximaciones al derecho a la verdad en la justicia transicional, en Colombia

2021 ◽  
pp. 121-162
Author(s):  
Vera Samudio ◽  
Alejandra Figueredo
Keyword(s):  
Transitional Justice ◽  
Justice System ◽  
Peace Agreement ◽  
The Right To Know ◽  
Lasting Peace ◽  
Colombian Government ◽  
Rational Character ◽  
Final Agreement ◽  
The Right ◽  
Peace And Reconciliation

Resumen: La configuración de la verdad como el derecho a “saber qué ocurrió”, es uno de los pilares fundamentales del sistema de justicia transicional implementado tras la firma del Acuerdo Final de Paz entre el Gobierno colombiano y las FARC-EP. En la verdad se ha depositado parte im- portante de la esperanza por la construcción de una paz estable y duradera, y de la reconciliación en el país. En el presente artículo se sostiene que el derecho a la verdad en el funcionamiento del Sistema Integral de Verdad, Justicia, Reparación y No Repetición (sIvJRnR) se experimenta como una construcción ética, jurídica, política y fáctica, que se desarrolla en el marco de un proceso relacional, multidireccional y polifónico, que va cambiando, modificándose y perfeccionándose en el tiempo, y puede pasar, según las necesidades y problemas a resolver, de tener un carácter puramente instrumental y racional, a uno ampliamente axiológico y moral. Para ello, se presenta una propuesta de operacionalización de esta verdad en respuesta a interrogantes sobre su com- prensión: ¿Qué? ¿Cómo? ¿Para qué? ¿Cuándo? y ¿Quién? Approaches to the Right to Truth in Transitional Justice in Colombia Abstract: The truth’s configuration as the right to “know what happened” has become one of the fundamental pillars of the transitional justice system implemented after signing the Final Peace Agreement between the Colombian Government and the FARC-EP. Thus, in truth, lays the hope for building a stable and lasting peace and reconciliation in the country. This article sustains that the right to the truth in the operation of the Comprehensive System of Truth, Justice, Reparation and Non-Repetition (sIvJRnR) is experienced as an ethical, legal, political and factual construction that is developed within the framework of a relational, multidirectional and polyphonic process. This construction is changing, modifying and improving through time and can go, depending on the needs and problems to be solved, from having a purely instrumental and rational character to a broadly axiological and moral one. To this end, a proposal for operationalisation of this truth is presented in response to questions about its understanding: What? How? Why? When? and Who? Keywords: Truth, Transitional Justice, Final Agreement, SIVJRNR  

scholarly journals Playing with Fire: International Criminal Law, Transitional Justice, and the Implementation of the Colombian Peace Agreement

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 364-368 ◽  
Author(s):  
René Urueña
Keyword(s):  
Criminal Law ◽  
Transitional Justice ◽  
International Criminal Law ◽  
Peace Agreement ◽  
Peace And Justice ◽  
Colombian Government ◽  
Justice Process ◽  
The Government ◽  
Pass Through ◽  
Daunting Challenge

On November 30, 2016, after much uncertainty, the Colombian Congress finally approved a historic peace deal between the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia (FARC), bringing to an end the country's fifty-year conflict. This peace deal was a historical achievement, and had important ramifications for international law, as discussed in a recent AJIL Unbound symposium. But once the spotlights were off, the government was faced with the daunting challenge of implementing the complex, lengthy accord. In particular, the government had to draw up and pass through Congress the legal and constitutional framework for the transitional justice process—a key component of the peace deal. It is there, in the subtle details of domestic criminal law, where the balance between peace and justice must be achieved.

scholarly journals Arhuaco indigenous women’s memories and the Colombian Truth Commission: methodological gaps and political tensions

2021 ◽  
Author(s):  
Juliana González Villamizar ◽  
Ángela Santamaría ◽  
Dunen Kaneybia Muelas Izquierdo ◽  
Laura María Restrepo Acevedo ◽  
Paula Cáceres Dueñas
Keyword(s):  
Sierra Nevada ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Armed Forces ◽  
Indigenous Communities ◽  
Truth Commission ◽  
Methodological Framework ◽  
Peace Agreement ◽  
Political Dynamics ◽  
Colombian Government

AbstractThe Truth, Peaceful Coexistence, and Non-Repetition Commission (CEV) is one of the transitional justice mechanisms contained in the peace agreement signed between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) guerrilla in 2016. The CEV mainstreams gender and ethnic differential approaches and is also the first to actively deploy intersectionality as a framework to approach violence committed against women of ethnic groups. The article draws on a decolonial and intercultural perspective to analyze the challenges that the CEV faces to make visible Indigenous women’s experiences and agencies during the armed conflict. Based on participatory research conducted with Arhuaco women of the Sierra Nevada de Santa Marta to produce a report to the CEV, the article shows the methodological gaps that exist between Arhuaco women’s approaches to memory and the Truth Commission’s methodological framework. The article also argues that the Commission’s strategy to confront political dynamics within Indigenous communities that marginalize women’s processes further deepens these gaps and contributes to invisibilize their voices in this scenario.

The Challenges of Legalized Peacemaking: The Case of the 2012–16 Peace Negotiations in Colombia

2021 ◽  
pp. 93-112
Author(s):  
Asli Ozcelik
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Normative Framework ◽  
Peace Negotiations ◽  
Colombian Government ◽  
Mediation Processes

This chapter challenges the assumption that conformity with international law and norms during a mediation processes contributes to the legitimacy of the process and the durability of the outcome by probing the contingency and complexity of the roles international law plays in peace negotiations. It does so with reference to the highly legalised peace negotiations between the FARC and the Colombian government during 2012-2016, particularly in relation to the negotiations on the legal entrenchment of the agreement and the transitional justice sub-agreement. The chapter argues that, despite certain advantages of the existence of a normative framework in peace mediation, the contested nature of the project of international law itself, especially as it relates to transitional justice and the reform of domestic politico-legal orders, and its malleability to strategic instrumentalisation need to be taken into account when mediation policy and practices are determined.

scholarly journals Learning “To Be” Kinyarwanda in Postgenocide Rwanda: Immersion, Iteration, and Reflexivity in Times of Transition

2015 ◽  
Vol 30 (02) ◽  
pp. 277-292 ◽  
Author(s):  
Bert Ingelaere
Keyword(s):  
Data Collection ◽  
Transitional Justice ◽  
Research Process ◽  
Research Activity ◽  
Specific Knowledge ◽  
Basic Tenet ◽  
Justice Process ◽  
Methodological Approaches ◽  
Context Specific ◽  
Court Process

Abstract The research activity generating data in times of transition is subject to politicization and needs to deal with widespread distrust due to the legacy of violence or atrocity. This article discusses the main principles of a research design that took into account these hindrances by making prudence its basic tenet. The objective was to generate understanding of the functioning of Rwanda’s gacaca court process through a heightened awareness in data collection. In doing so, this article calls attention to the importance of a reflective and adaptive research process in times of transitional justice. Two research principles are discussed in detail: immersion and iteration. The latter were adopted to facilitate the generation of context-specific knowledge on both breadth and depth of the transitional justice process. This article demonstrates how a pragmatic stance that draws on a variety of epistemologies and methodological approaches facilitates data collection as well as navigation of the field of study. It will be argued that data collection and the activity of navigating the field while collecting data reciprocally produce knowledge.

scholarly journals Frontstage and Backstage in Argentina’s Transitional Justice Drama: The Niet@s’ Reconstruction of Identity on Social Media

2019 ◽  
Vol 13 (2) ◽  
pp. 349-367
Author(s):  
Beate Goldschmidt-Gjerløw ◽  
Merel Remkes
Keyword(s):  
Social Media ◽  
Narrative Analysis ◽  
Transitional Justice ◽  
Life Stories ◽  
Sense Of Self ◽  
Public Information ◽  
Presentation Of Self ◽  
Justice Process ◽  
Context Specific ◽  
Insight Into

Abstract∞ This article provides new insight into how the ‘found grandchildren’ of postconflict Argentina are reconstructing their sense of self and identity after having been identified as children of disappeared political activists in the aftermath of the last military regime (1976–1983). We offer tools for understanding how they respond to the context-specific transitional justice measures of identification and restitution, and how this plays out on social media. This online world expands the possibilities to both share and comment on personal and public information. The narrative analysis discusses how our informants influence the Argentine transitional justice process by using social media as a stage for the performance of their life stories. However, their digital presentation of self is constrained to a certain extent by potential social reactions.

Of Justice, Accountability, and Reconciliation

2016 ◽  
pp. 181-200 ◽  
Author(s):  
Kathrin Maria Scherr
Keyword(s):  
Transitional Justice ◽  
Addis Ababa ◽  
South Sudan ◽  
Ethnic Communities ◽  
Peace Agreement ◽  
Peace Negotiations

This paper analyses South Sudan's long struggle for an inclusive reconciliatory process in the country from the Comprehensive Peace Agreement of 2005 to the peace negotiations in Addis Ababa in 2014/15 and highlights the difficulties that the country has faced in introducing a lasting initiative to bring about justice, achieve reconciliation and ensure accountability in the country. The author considers different judicial and non-judicial mechanisms as elements of a comprehensive transitional justice policy and suggests viable options for South Sudan to confront the historical grievances and to resolve the frictions and tensions that have persisted between the different warring groups and ethnic communities during the decades of war in South Sudan.

Judging the Justice of the Colombian Final Agreement

2021 ◽  
pp. 310-330
Author(s):  
Colleen Murphy
Keyword(s):  
Transitional Justice ◽  
Social Transformation ◽  
Peace Agreement ◽  
Temporal Dimension ◽  
Political Relationships ◽  
Deep Disagreement ◽  
Alternative Measures ◽  
Justice Process ◽  
Final Agreement ◽  
Past Wrongs

This chapter studies the text of the Colombian peace agreement (also known as the Final Agreement), arguing that the justice component of this agreement depends on the extent to which the envisioned transitional process contributes to social transformation. Despite the fact that societies emerging from periods of conflict or repression characteristically try to address past wrongs using processes that are not criminal punishment, there is a deep disagreement as to whether true justice is achieved with alternative measures such as amnesty or a truth commission. To that extent, justice, in transitional circumstances, is not aimed at giving perpetrators what they deserve, but rather in transforming the political relationships among citizens and between citizens and officials, and in doing so in a just manner by treating victims and perpetrators fairly. The chapter then explains that the justice process outlined in the Final Agreement is comprehensive. By drawing on the cases of Northern Ireland and South Africa, it discusses the temporal dimension of transitional justice and the constitutional changes that occur in the pursuit of it.

The Right to Bodily Integrity

2018 ◽  
Author(s):  
Alison Brysk
Keyword(s):  
Sexual Assault ◽  
Sexual Violence ◽  
Public Space ◽  
Transitional Justice ◽  
The United States ◽  
Bodily Integrity ◽  
Global Pattern ◽  
Popular Resistance ◽  
Wide Range ◽  
The Right

In Chapter 7, we profile the global pattern of sexual violence. We will consider conflict rape and transitional justice response in Peru and Colombia, along with the plight of women displaced by conflict from Syria and Central America, and limited international policy response. State-sponsored sexual violence and popular resistance to reclaim public space will be chronicled in Egypt as well as Mexico. We will track intensifying public sexual assault amid social crisis in Turkey, South Africa, and India, which has been met by a wide range of public protest, legal reform, and policy change. For a contrasting experience of the privatization of sexual assault in developed democracies, we will trace campus, workplace, and military rape in the United States.

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