Nuestro trabajo
Although armed conflict in Colombia continues, some attempts at accountability are underway. ICTJ works with the government and civil society groups in Colombia to pursue further truth and justice.
Antecedentes: Demobilization, Justice and Peace Law, and Other Initiatives
Colombia continues to endure the most intractable armed conflict in the Western Hemisphere. Fighting that has lasted more than half a century has left more than 4 million Colombians internally displaced. Massive patterns of violence against civilians include forced disappearance, extrajudicial and summary executions, sexual and reproductive violence, forced recruitment of minors, and inhuman and degrading treatment.
Colombia's long-standing, multi-actor conflict continues to be fueled by violent struggles to control the population, land, natural resources, political power, and drug markets.
The government documented the demobilization of more than 30,000 paramilitaries, between 2003 and 2006, as a result of a political pact put in motion by President Álvaro Uribe.
The Justice and Peace Law (JPL or Law 975) of 2005 intended to address criminal charges and convictions against a select number of paramilitaries. The JPL offers reduced prison terms in exchange for a full confession, relinquishment of all assets, and a commitment to end illegal activity.
Despite positive contributions, the JPL has severe flaws. There is no meaningful participation by victims or their representatives. Perpetrators of state crimes and their victims are excluded from the process. The reduced prison sentences mean that those who committed mass atrocities will serve a token sentence—often shorter than one for robbery.
Despite isolated prosecutions, the Colombian State has not investigated and prosecuted those most responsible for the commission of systematic and massive crimes. The Colombian situation has been under preliminary examination by the International Criminal Court (ICC) since 2006.
Beyond the JPL process, the Government is developing public policies to address the situation of other demobilized persons, the continued criminal activity of illegal armed groups, and reparations and assistance for victims. The judicial system has sought to address one aspect of the impunity (or accountability failures) for government abuses, by focusing some investigations and prosecutions on State actors with alleged ties to paramilitary groups. Additionally, many civil society and victims' organizations have initiated grassroots truth-telling, historical memory, and other locally based processes.
El papel del ICTJ
ICTJ has worked in Colombia since 2006. We focus on strengthening national mechanisms for the protection of victims’ rights to truth, justice, and reparation.
- Building judicial capacity: We provide technical advice—based on domestic law and international comparative experiences—to key state institutions. This includes the Supreme Court of Justice, and the Special Justice and Peace Tribunals, among others.
- Advocating for victims’ rights: We advocate for policy reforms that seek to advance the protection of victims’ rights, including direct engagement with legislators and public dissemination of analytical position papers. Most recently, this work has centered on the proposed Victims’ Law. We provide local NGOs with tools to enhance their representation of victims’ rights and interests.
- Monitoring and research: We monitor and report on Colombia’s investigation and prosecution of system crimes in light of international obligations—particularly under the Rome Statute of the ICC. We also follow closely and analyze the implementation of reparations programs and institutional reform initiatives in Colombia.
- Truth-seeking: We have supported unofficial truth-seeking initiatives, including community-based projects in Antioquia, Valle, and the Colombian Atlantic Coast. ICTJ also supported the Truth Commission set up by the Supreme Court to address the violent events surrounding the siege of the Palace of Justice in 1985.
- Sharing knowledge: We produce and disseminate transitional justice expertise for a Spanish-speaking audience through targeted publications, including over a dozen books. We also seek to produce accessible and accurate analysis of the Colombian case for English-speaking audiences. This includes “Contested Transitions,” (forthcoming, 2011) which addresses the dilemmas involved in the use of transitional justice mechanisms in non-transitional settings.