Colombia

Provides a listing of articles on restorative justice developments in Colombia. Articles appear in the order in which they were added to the site with the most recent appearing first.

Restorative practices in Latin America: from part one of the two part article by Joshua Wachtel" Throughout Latin America, there are growing efforts to confront the social consequences of poverty and violence. Restorative practices provides an outlook that is appealing to many who are working to bring people together to resolve problems and transform the nature of society. Miguel Tello, originally from Mexico, now lives and works in San Jose, Costa Rica. Tello first got involved with the IIRP when he contacted IIRP founder Ted Wachtel for permission to translate Wachtel’s article “Restorative Justice in Everyday Life” into Spanish to use at a Prison Fellowship International conference. Tello then took IIRP trainings and became an IIRP trainer.
Colombia moves past reconciliation and revives the idea of reparation: from Michelle Chen's article in Colorlines: When unspeakable crimes have been committed, justice often falls silent, too. That’s why half a century after Colombia plunged into bloody conflict and oppression, the healing has barely begun. But a new law is trying to make victims of the violence whole in a country still fractured by brutal violence. In the process, it has revived an old debate over reparations, and how society should confront past injustices that still shape life today. Colombia’s so-called “victims’ law” is the product of years of negotiation between the government and militia groups. The law centers on punishment as well as restitution. Many will be compelled to confess their crimes and, unlike many previous efforts at what’s been dubbed restorative justice, survivors will be allowed to petition for compensation.
Colombia to compensate victims of armed conflict.: From the article by Sibylla Brodzinsky in the Guardian: Nearly four million victims of Colombia's long-running internal conflict could receive compensation and see their stolen lands returned under a new law. Government and opposition figures as well as human rights activists have all hailed the legislation, which passed in the Senate last week, as "historic" and "transcendental". The law aims to give financial compensation – equivalent to about £6,600 – for every victim reported murdered or forcibly disappeared. Colombia has one of the highest numbers of disappearances in Latin America, with more than 57,200 people still missing, at least 15,600 of which were forcibly disappeared, according to the UN high commissioner for human rights. More than 100,000 murders during the last three decades are attributed to rightwing paramilitary groups.
The limits of Colombia's demobilization programs: from Hans Rouw's article in Colombia Reports: The security situation in Colombia has improved greatly over the last decade as the state has gained more control over the use of violence within its territory; both through combating illegal armed groups and by gaining wider legitimacy with the population. However, there has been a resurgence of violence in recent months, for example in the city of Medellin. Some Colombians blame, at least in part, the failure of the country’s disarmament, demobilization and reintegration programs (DDR) for this new deterioration in security.... Are there, then, factors that make Colombia’s DDR programs unique, or would it suffice to state that accompanying a peace process with DDR is just difficult and bound to end in disappointment?
Internally displaced people in Colombia: Victims in permanent transition: by Dan Van Ness I have just received a copy of a research study on the peace negotiations in Colombia: Internally displaced people in Colombia: Victims in permanent transition: Ethical and political dilemmas of reparative justice in the midst of internal armed conflict by Sandro Jiménez Ocampo, et al. From 2004 to 2007, the Colombian Government conducted peace negotiations with paramilitary groups. One of the issues negotiated had to do with the claims of people who had been killed or forcibly displace from their land, lands that were held by the combatants when the negotiations began. Forced displacement and deaths continued during the course of the negotiations, creating new claims. While reparation to victims was supposed to be a prominent outcome to the negotiations, the difficulties of negotiating peace in the course of a violent conflict together with the absence of the victims of displacement from the negotiation meant that there were claims of serious inadequacies with the results.
Escobar's son seeks atonement for father's sins: from Juan Forero's report on NPR: Pablo Escobar, who led Colombia's Medellin cocaine cartel, was once the world's most wanted man. At the height of his power in the 1980s, he killed politicians and policemen and ordered an airliner blown out of the sky. With U.S. help, the Colombian police finally hunted him down. Sixteen years after Escobar's death, the families of his victims haven't forgotten about him. And neither has Escobar's only son [Sebastian Marroquin], whose story is told in a new documentary film that opens Dec. 10 in Colombia and then in January at the Sundance Film Festival. The son, who lives in Buenos Aires, Argentina, says that he wants to atone for the sins of his father.
Mahan,Sue. 2009. Restorative Justice in Colombia.: This paper discusses the development and use of conciliation as alternative to court processes in Colombia.
Rojas Mendoza, Dionisio. 2006. Design of a Restorative Justice Process: Inter-Sectoral Commission for Life and Human RIghts. Barrancabermeja (Colombia). Eastern Mennonite University. Conflict Transformation Program.: This article discusses the possible design of a restorative response to mass violence in Colombia.
Díaz Colorado, Fernando . La justicia transicional y la justicia restaurativa frente a las necesidades de las víctimas.: El presente artículo expone una reflexión crítica sobre el proceso de paz que actualmente se lleva a cabo en Colombia entre el gobierno y los grupos de autodefensa. Se plantean los fundamentos conceptuales de la Justicia Transicional y la Justicia Restaurativa, frente a las necesidades de las víctimas del conflicto armado. Se hace énfasis en la perspectiva restauradora que la Comisión Nacional de Reparación y Rehabilitación debe contemplar para alcanzar la reconciliación a través de un proceso que preferencia la aplicación de justicia y de reparación del daño ocasionado por parte de los victimarios, para alcanzar de esta manera una paz duradera. (resumen del autor)
Olea, Helena and Guembe, Maria Jose. No Justice, No Peace: Discussion of a Legal Framework Regarding the Demobilization of Non-State Armed Groups in Colombia: "This chapter describes the tensions and opportunities created by the interplay between domestic and international contraints on the negotiation process. We begin with a brief overview of the armed conflict and the peace negotiations. Next, we describe the main elements of the recently approved legislation. We then proceed to analyze it in light of the international legal framework and presnt our conclusions." (excerpt)
Theidon, Kimberly. Transitional Subjects: The Disarmament, Demobilization and Reintegration of Former Combatants in Colombia.: A key component of peace processes and postconflict reconstruction is the disarmament, demobilization and reintegration (DDR) of ex-combatants. DDR programs imply multiple transitions: from the combatants who lay down their weapons, to the governments that seek an end to armed conflict, to the communities that receive – or reject – these demobilized fighters. At each level, these transitions imply a complex and dynamic equation between the demands of peace and the clamor for justice. And yet, traditional approaches to DDR have focused almost exclusively on military and security objectives, which in turn has resulted in these programs being developed in relative isolation from the growing field of transitional justice and its concerns with historical clarification, justice, reparations and reconciliation. The author draws upon research in Colombia, a case of great interest because the government is attempting to implement mechanisms of reparations and reconciliation in a ‘pre-postconflict’ context, and to implement DDR on the terrain of transitional justice. (author's abstract)
Parker, Lynette. Developments from Colombia.: In December of 2002,the Colombian National Congress made several changes to article 250 of the Constitution of 1991, which addresses the obligations of the prosecutor in investigation and prosecution of criminal cases. One of those many changes was the inclusion of restorative justice.
Parker, Lynette. Encountering Restorativeness: Reflections from Colombia: Restorative justice concepts are ingrained in us as profoundly just ways to deal with conflict. Lynette Parker writes of learning this truth again during conversations with several people in Colombia.
Northey, Wayne. Restorative justice and prison visitation: M2/W2 Association is an organization of Christian volunteers in corrections in British Columbia. Wayne Northey is executive director of this organization. In this article Northey roots the practice of prison visitation in restorative justice and points to biblical foundations for restorative justice. Examples from the ministry of M2/W2 Association in correctional facilities in British Columbia illustrate the potential of restorative, transformative justice to change lives.
. Paramilitary demobilisation in Colombia: Between peace and justice.: As well as the global human rights treaties ratified by Colombia, the international context can count on the Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law approved in December 2005 by the General Assembly of the United Nations3.These guidelines set out a clear road map in processes of transitional justice, in which justice, the truth, wholesale reparations to the victims of gross violations of human rights and guarantees of non-repetition have to be respected. (excerpt)
Jiménez Ocampo, Sandro and Venegas Luque Luque, Rocío and Osorio, Flor Edilma and Meertens, Donny and Nubia Bello, Martha. Internally displaced people in Colombia, victims in permanent transition. Ethical and political dilemmas of reparative justice in the midst of internal armed conflict.: This document examines three core aspects to this investigation: the first discusses how the “transition” discourse is added to and used as a tool in the extensive development that war and peace discourses have undergone in Colombia; the second refers to the relationship between social practices and public policies as regards the recognition and protection of victims of conflict in Colombia, particularly internal forced displacement; the third deals with the concern for the new aspect that the dispute for the right to reparation adds to the political treatment of a possible end to the internal armed conflict in Colombia.(excerpt)
Bach, Katherine. An Assessment Of Restorative Justice Applications Around The World: This document looks at the implementation of restorative justice practices in several countries and the possible lessons for Colombia.
Escolar Capella, Claudia. Restorative justice in the realm of criminal law: the case-law of the Constitutional Court: The purpose of this document is to analyze the judgments by the Constitutional Court (Colombia) that refer to restorative justice. Out of the existing case-law, four cases were selected for study because they are the ones that best illustrate the matter; they all refer to the ‘special jurisdiction of indigenous peoples. (excerpt)
Roche, Declan. Governing ungoverned spaces: the role of one women’s group in Cali, Colombia: In Cali, Colombia, a group of women from the District of Aguablanca is helping to bring peace and justice to one of the country’s poorest and most violent turban areas. Using skills and information disseminated through a network of weekly meetings, local women assist local residents both by providing a range of essential services – from mediation to adult education – and by referring residents to other service providers and resources in the community. This group, which is strikingly community-based, female, well-led, disciplined, and holistic, is now being touted as a model for communities elsewhere in Colombia. Communities, policy-makers and restorative justice advocates – both in Colombia and abroad – can learn much from their approach to restorative justice, and more broadly, from their network-based approach to governing ungoverned spaces. Much of the debate about the conflict in Colombia focuses on national events and neglects the efforts of local communities to nurture peace and justice in their immediate environment. The Aguablanca program demonstrates that local initiatives can make a big difference in the lives of ordinary Colombians. To replicate the success of this program in communities elsewhere, however, it will be necessary to identify local citizens who can provide the same leadership and commitment as the women of Aguablanca. Author’s abstract.
Lasso, Luis Manuel and Upriminy, Rodrigo. Verdad, justicia y reparación en el conflicto armado: La dinámica del conflicto armado colombiano obligue a plantear formulas que satisfagan las necesidades de verdad, justicia y reparación y aquellas impuestas por las negociaciones actuales o futuras para la reincorporación de grupos armados al seno de la sociedad o para adelantar procesos de paz. El presente Policy Paper reconoce la inviabilidad política, ética y jurídica de aplicar en Colombia modelos radicales de justicia transicional, como los que pretenden castigar a todos los responsables de crímenes de guerra p de lesa humanidad o los basados en el perdón y el olvido general de los crímenes. El documento tampoco considera del todo aceptable para Colombia el modelo intermedio, basado en un perdón general a los responsables, con medidas de reparación a las víctimas y de recuperación de la verdad. Se plantea, entonces, una transición basada en perdones responsabilizantes, es decir, formas de negociación que toman seriamente en cuenta los derechos de las víctimas y los deberes del Estado de establecer la verdad, reparar a las víctimas y sancionar a los responsables. En este modelo, el perdón debe ser excepcional, individualizado y regido por el principio de proporcionalidad frente a la necesidad de alcanzar la paz y la reconciliación. Esta fórmula debe estar acompañada de un amplio consenso social. Por último, el escrito reconoce que el proyecto de alternatividad penal presentado por el gobierno nacional al Congreso está bien orientado, pero requiere modificaciones que lo hagan más compatible con los estándares internacionales de derechos humanos y con el modelo de perdones responsabilizantes. (resumen del autores)

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Restorative practices in Latin America from part one of the two part article by Joshua Wachtel" Throughout Latin America, there are growing efforts to confront the social consequences of poverty and violence. Restorative practices provides an outlook that is appealing to many who are working to bring people together to resolve problems and transform the nature of society. Miguel Tello, originally from Mexico, now lives and works in San Jose, Costa Rica. Tello first got involved with the IIRP when he contacted IIRP founder Ted Wachtel for permission to translate Wachtel’s article “Restorative Justice in Everyday Life” into Spanish to use at a Prison Fellowship International conference. Tello then took IIRP trainings and became an IIRP trainer. Colombia moves past reconciliation and revives the idea of reparation from Michelle Chen's article in Colorlines: When unspeakable crimes have been committed, justice often falls silent, too. That’s why half a century after Colombia plunged into bloody conflict and oppression, the healing has barely begun. But a new law is trying to make victims of the violence whole in a country still fractured by brutal violence. In the process, it has revived an old debate over reparations, and how society should confront past injustices that still shape life today. Colombia’s so-called “victims’ law” is the product of years of negotiation between the government and militia groups. The law centers on punishment as well as restitution. Many will be compelled to confess their crimes and, unlike many previous efforts at what’s been dubbed restorative justice, survivors will be allowed to petition for compensation. Colombia to compensate victims of armed conflict. From the article by Sibylla Brodzinsky in the Guardian: Nearly four million victims of Colombia's long-running internal conflict could receive compensation and see their stolen lands returned under a new law. Government and opposition figures as well as human rights activists have all hailed the legislation, which passed in the Senate last week, as "historic" and "transcendental". The law aims to give financial compensation – equivalent to about £6,600 – for every victim reported murdered or forcibly disappeared. Colombia has one of the highest numbers of disappearances in Latin America, with more than 57,200 people still missing, at least 15,600 of which were forcibly disappeared, according to the UN high commissioner for human rights. More than 100,000 murders during the last three decades are attributed to rightwing paramilitary groups. The limits of Colombia's demobilization programs from Hans Rouw's article in Colombia Reports: The security situation in Colombia has improved greatly over the last decade as the state has gained more control over the use of violence within its territory; both through combating illegal armed groups and by gaining wider legitimacy with the population. However, there has been a resurgence of violence in recent months, for example in the city of Medellin. Some Colombians blame, at least in part, the failure of the country’s disarmament, demobilization and reintegration programs (DDR) for this new deterioration in security.... Are there, then, factors that make Colombia’s DDR programs unique, or would it suffice to state that accompanying a peace process with DDR is just difficult and bound to end in disappointment? Internally displaced people in Colombia: Victims in permanent transition by Dan Van Ness I have just received a copy of a research study on the peace negotiations in Colombia: Internally displaced people in Colombia: Victims in permanent transition: Ethical and political dilemmas of reparative justice in the midst of internal armed conflict by Sandro Jiménez Ocampo, et al. From 2004 to 2007, the Colombian Government conducted peace negotiations with paramilitary groups. One of the issues negotiated had to do with the claims of people who had been killed or forcibly displace from their land, lands that were held by the combatants when the negotiations began. Forced displacement and deaths continued during the course of the negotiations, creating new claims. While reparation to victims was supposed to be a prominent outcome to the negotiations, the difficulties of negotiating peace in the course of a violent conflict together with the absence of the victims of displacement from the negotiation meant that there were claims of serious inadequacies with the results. Escobar's son seeks atonement for father's sins from Juan Forero's report on NPR: Pablo Escobar, who led Colombia's Medellin cocaine cartel, was once the world's most wanted man. At the height of his power in the 1980s, he killed politicians and policemen and ordered an airliner blown out of the sky. With U.S. help, the Colombian police finally hunted him down. Sixteen years after Escobar's death, the families of his victims haven't forgotten about him. And neither has Escobar's only son [Sebastian Marroquin], whose story is told in a new documentary film that opens Dec. 10 in Colombia and then in January at the Sundance Film Festival. The son, who lives in Buenos Aires, Argentina, says that he wants to atone for the sins of his father. Mahan,Sue. 2009. Restorative Justice in Colombia. This paper discusses the development and use of conciliation as alternative to court processes in Colombia. Rojas Mendoza, Dionisio. 2006. Design of a Restorative Justice Process: Inter-Sectoral Commission for Life and Human RIghts. Barrancabermeja (Colombia). Eastern Mennonite University. Conflict Transformation Program. This article discusses the possible design of a restorative response to mass violence in Colombia. Díaz Colorado, Fernando . La justicia transicional y la justicia restaurativa frente a las necesidades de las víctimas. El presente artículo expone una reflexión crítica sobre el proceso de paz que actualmente se lleva a cabo en Colombia entre el gobierno y los grupos de autodefensa. Se plantean los fundamentos conceptuales de la Justicia Transicional y la Justicia Restaurativa, frente a las necesidades de las víctimas del conflicto armado. Se hace énfasis en la perspectiva restauradora que la Comisión Nacional de Reparación y Rehabilitación debe contemplar para alcanzar la reconciliación a través de un proceso que preferencia la aplicación de justicia y de reparación del daño ocasionado por parte de los victimarios, para alcanzar de esta manera una paz duradera. (resumen del autor) Olea, Helena and Guembe, Maria Jose. No Justice, No Peace: Discussion of a Legal Framework Regarding the Demobilization of Non-State Armed Groups in Colombia "This chapter describes the tensions and opportunities created by the interplay between domestic and international contraints on the negotiation process. We begin with a brief overview of the armed conflict and the peace negotiations. Next, we describe the main elements of the recently approved legislation. We then proceed to analyze it in light of the international legal framework and presnt our conclusions." (excerpt) Theidon, Kimberly. Transitional Subjects: The Disarmament, Demobilization and Reintegration of Former Combatants in Colombia. A key component of peace processes and postconflict reconstruction is the disarmament, demobilization and reintegration (DDR) of ex-combatants. DDR programs imply multiple transitions: from the combatants who lay down their weapons, to the governments that seek an end to armed conflict, to the communities that receive – or reject – these demobilized fighters. At each level, these transitions imply a complex and dynamic equation between the demands of peace and the clamor for justice. And yet, traditional approaches to DDR have focused almost exclusively on military and security objectives, which in turn has resulted in these programs being developed in relative isolation from the growing field of transitional justice and its concerns with historical clarification, justice, reparations and reconciliation. The author draws upon research in Colombia, a case of great interest because the government is attempting to implement mechanisms of reparations and reconciliation in a ‘pre-postconflict’ context, and to implement DDR on the terrain of transitional justice. (author's abstract) Parker, Lynette. Developments from Colombia. In December of 2002,the Colombian National Congress made several changes to article 250 of the Constitution of 1991, which addresses the obligations of the prosecutor in investigation and prosecution of criminal cases. One of those many changes was the inclusion of restorative justice. Parker, Lynette. Encountering Restorativeness: Reflections from Colombia Restorative justice concepts are ingrained in us as profoundly just ways to deal with conflict. Lynette Parker writes of learning this truth again during conversations with several people in Colombia. Northey, Wayne. Restorative justice and prison visitation M2/W2 Association is an organization of Christian volunteers in corrections in British Columbia. Wayne Northey is executive director of this organization. In this article Northey roots the practice of prison visitation in restorative justice and points to biblical foundations for restorative justice. Examples from the ministry of M2/W2 Association in correctional facilities in British Columbia illustrate the potential of restorative, transformative justice to change lives. . Paramilitary demobilisation in Colombia: Between peace and justice. As well as the global human rights treaties ratified by Colombia, the international context can count on the Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law approved in December 2005 by the General Assembly of the United Nations3.These guidelines set out a clear road map in processes of transitional justice, in which justice, the truth, wholesale reparations to the victims of gross violations of human rights and guarantees of non-repetition have to be respected. (excerpt) Jiménez Ocampo, Sandro and Venegas Luque Luque, Rocío and Osorio, Flor Edilma and Meertens, Donny and Nubia Bello, Martha. Internally displaced people in Colombia, victims in permanent transition. Ethical and political dilemmas of reparative justice in the midst of internal armed conflict. This document examines three core aspects to this investigation: the first discusses how the “transition” discourse is added to and used as a tool in the extensive development that war and peace discourses have undergone in Colombia; the second refers to the relationship between social practices and public policies as regards the recognition and protection of victims of conflict in Colombia, particularly internal forced displacement; the third deals with the concern for the new aspect that the dispute for the right to reparation adds to the political treatment of a possible end to the internal armed conflict in Colombia.(excerpt) Bach, Katherine. An Assessment Of Restorative Justice Applications Around The World This document looks at the implementation of restorative justice practices in several countries and the possible lessons for Colombia. Escolar Capella, Claudia. Restorative justice in the realm of criminal law: the case-law of the Constitutional Court The purpose of this document is to analyze the judgments by the Constitutional Court (Colombia) that refer to restorative justice. Out of the existing case-law, four cases were selected for study because they are the ones that best illustrate the matter; they all refer to the ‘special jurisdiction of indigenous peoples. (excerpt) Roche, Declan. Governing ungoverned spaces: the role of one women’s group in Cali, Colombia In Cali, Colombia, a group of women from the District of Aguablanca is helping to bring peace and justice to one of the country’s poorest and most violent turban areas. Using skills and information disseminated through a network of weekly meetings, local women assist local residents both by providing a range of essential services – from mediation to adult education – and by referring residents to other service providers and resources in the community. This group, which is strikingly community-based, female, well-led, disciplined, and holistic, is now being touted as a model for communities elsewhere in Colombia. Communities, policy-makers and restorative justice advocates – both in Colombia and abroad – can learn much from their approach to restorative justice, and more broadly, from their network-based approach to governing ungoverned spaces. Much of the debate about the conflict in Colombia focuses on national events and neglects the efforts of local communities to nurture peace and justice in their immediate environment. The Aguablanca program demonstrates that local initiatives can make a big difference in the lives of ordinary Colombians. To replicate the success of this program in communities elsewhere, however, it will be necessary to identify local citizens who can provide the same leadership and commitment as the women of Aguablanca. Author’s abstract. Lasso, Luis Manuel and Upriminy, Rodrigo. Verdad, justicia y reparación en el conflicto armado La dinámica del conflicto armado colombiano obligue a plantear formulas que satisfagan las necesidades de verdad, justicia y reparación y aquellas impuestas por las negociaciones actuales o futuras para la reincorporación de grupos armados al seno de la sociedad o para adelantar procesos de paz. El presente Policy Paper reconoce la inviabilidad política, ética y jurídica de aplicar en Colombia modelos radicales de justicia transicional, como los que pretenden castigar a todos los responsables de crímenes de guerra p de lesa humanidad o los basados en el perdón y el olvido general de los crímenes. El documento tampoco considera del todo aceptable para Colombia el modelo intermedio, basado en un perdón general a los responsables, con medidas de reparación a las víctimas y de recuperación de la verdad. Se plantea, entonces, una transición basada en perdones responsabilizantes, es decir, formas de negociación que toman seriamente en cuenta los derechos de las víctimas y los deberes del Estado de establecer la verdad, reparar a las víctimas y sancionar a los responsables. En este modelo, el perdón debe ser excepcional, individualizado y regido por el principio de proporcionalidad frente a la necesidad de alcanzar la paz y la reconciliación. Esta fórmula debe estar acompañada de un amplio consenso social. Por último, el escrito reconoce que el proyecto de alternatividad penal presentado por el gobierno nacional al Congreso está bien orientado, pero requiere modificaciones que lo hagan más compatible con los estándares internacionales de derechos humanos y con el modelo de perdones responsabilizantes. (resumen del autores) Next 20 items » [1] 2 3 Document Actions Send this Print this	Africa Asia Europe Latin America Middle East North America and Caribbean Pacific Search 10475 publications on restorative justice Recent RJOB Comments Changing prison culture Feb 12, 2012 Controversies Around Restorative Justice Feb 07, 2012 "Immature humanity" Jan 31, 2012 More… Slide Show: What is Restorative Justice Click to view a slideshow discussing the definition of restorative justice. Feb 07, 2012 Sycamore Tree Project® report from Australia Feb 07, 2012 "Everything" by the IFI drama team Jan 31, 2012 APAC Nova Lima Receives National Recognition Jan 31, 2012 APAC Costa Rica Jan 24, 2012 Sycamore Tree Project®: A prison chaplain describes the impact