In this chapter I analyze the Transitional Justice framework defined by the peace agreement between the FARC-EP and the Colombian government, as captured in point five of the Final Agreement of Havana. Firstly, I will examine the principles that inspired the agreement on victims and four of the extra-judicial mechanisms described in it: The Truth Commission, the Unit for Searching for Disappeared People, measures for reparation, and guarantees of non-repetition. Secondly, I will analyze the Special Jurisdiction of Peace: juridical mechanisms have been one of the main aspects of past and present theoretical and practical discussions of transitional justice frameworks, and one of the most important issues in the political, juridical, and ethical discussions in Colombia and abroad with regard to Transitional Justice. Finally, I will analyze some possible scenarios for the future of the implementation of the Transitional Justice agreements, reflecting on the uncertainties surrounding the implementation of the agreements in practice, and how this may provide legal stability (or instability) for different constituents and for peace in Colombia.
This chapter analyses the transitional justice framework defined by the peace agreements between the Fuerzas Armadas Revolucionarias de Colombia—Ejercito del Pueblo (FARC—EP) and the Colombian Government. Peace talks began officially in November 2012, with the parties reaching an agreement on 24 September 2016. The agreement on the victims of the conflict starts with the recognition by the government and the FARC—EP that the main aim of this agreement is to compensate victims. When the FARC—EP entered into a negotiation process with the Colombian Government, they did not entertain the possibility of embracing a transitional justice framework. The agreement recognizes the clarification of truth, coexistence, and non-repetition as one of the mechanisms that victims' organizations have demanded, thus its inclusion not only responds to best practices in the field but also to the citizen's demands. The agreement explicitly addresses forced disappearances, given that it is one of the main crimes of the Colombian armed conflict.
