chevron-down Created with Sketch Beta.

    The Transitional Justice Model in Colombia: Conclusions and Reflections Drawn from the International Seminar

    May 19, 2022

    5 min read

    Access to Justice Human Rights Latin America & Caribbean Colombia
    The Transitional Justice Model in Colombia: Conclusions and Reflections Drawn from the International Seminar
    Florian Kopp via Getty Images

    Jump to:

    By Valentina Muñoz, Intern for ABA ROLI’s Colombia Office

    The American Bar Association Rule of Law Initiative (ABA ROLI), and the Colombian Presidential Advisor for Stabilization and Consolidation organized an international seminar on transitional justice entitled: "The Transitional Justice Model in Colombia". The event was held over two days from March 24 to 25, 2022, and had a live public broadcast through the ABA ROLI & CHR YouTube channel, featuring panels of experts on international experiences of Transitional Justice. The objective of this seminar was to reflect on international experiences in the framework of transitional justice, focusing on the current challenges in the implementation of the JEP sanctions regime, and the discussion on the centrality of the victims in the Transitional Justice model in Colombia. The event centered around three main themes: (i) international perspectives of transitional justice; (ii) sanctions regime of the Special Jurisdiction of Peace in Colombia (JEP, for its acronym in Spanish); (iii) centrality of the victims; and (iv) Conclusions, recommendations, and reflections.

    On the first day of the event, the American Bar Association's Associate Executive Director for Global Programs, Alberto J. Mora, ABA ROLI’s Program Director for Colombia & Peru, Stephanie Villaronga, and the Colombian Presidential Advisor for Stabilization and Consolidation, Emilio José Archila, gave opening remarks. Archila stressed the importance of listening to the voices of the victims in the transition processes while also addressing the particularities of the Colombian context. Meanwhile, Mora and Villaronga emphasized that, in a transitional justice scenario, participation and discussion, such as this international seminar, should be generated and promoted, drawing on international experiences and lessons learned. The speakers emphasized civil society involvement is crucial in the transition to post-conflict.

    The first panel, International Perspectives on Transitional Justice, was moderated by Josefina Echavarría, Associate Professor at the University of Notre Dame and Director of the Peace Agreements Matrix at the Kroc Institute for International Peace Studies. This panel featured María Carolina Moreno, Director of the International Center for Transitional Justice (ICTJ), Judge Lawrence Twezanye of the Circuit of the High Court in Masaka (Uganda), and Justice Susan Okalany, of the International Crimes Division of the High Court of Uganda.

    The experts reflected on international experiences of Uganda and Latin American countries in the search for disappeared persons and lessons learned from these processes that could be replicated in Colombia. They also addressed the characteristics, advantages, and disadvantages of the application of transitional justice models. 

    The second panel, Sanctioning Regime under the Special Jurisdiction for Peace in Colombia – Components of transitional justice, was divided into two parts. The first one was moderated by Juana Acosta, Project leader JEP Observatory, Consultant and expert advisor in legal matters related to Transitional Justice, International Human Rights Law, and International Humanitarian Law. This panel featured the participation of Héctor Olasolo, Lawyer with a doctorate from the University of Salamanca (Spain) and LL.M. from Columbia University (USA); Cristian Wolffhugel, Doctor in Criminal Law, with a degree from the University of Roma Tre (Italy), and professor at the Sergio Arboleda University and Escuela Libre de Derecho (Mexico); and Justice Camilo Suárez Aldana of the Peace Tribunal of the JEP. The second panel was moderated by Margarita Hernández, Executive Director of the Presidential Council for Stabilization and Consolidation, and participants were Clara Sandoval Villalba, Professor at the University of Essex School of Law, ETJN Fellow and Program Director of the Global Survivors Fund; Javier Sarmiento, Delegate Attorney for Human Rights; Andrés Stapper Justice, Director of the Reincorporation and Normalization Agency; and Justice Roberto Vidal of the Peace Tribunal of the JEP.

    Finally, the third panel, Centrality of victims in transitional justice, was moderated by Juan Manuel Zarama, Human Rights Response Lead at ABA ROLI, and featured participants were  Raúl Rosende, Deputy Special Representative and Deputy Head of the United Nations Verification Mission in Colombia; Jairo Acosta, Delegated Prosecutor for the Special Jurisdiction for Peace; Luz Amanda Pasuy, director of Ethnic Affairs of the Victims Unit; and Justice Ana Manuela Ochoa of the Peace Tribunal of the JEP. These experts reflected on the rights and guarantees of victims in the SIVJRNR, as the central axis of the Peace Agreement in Colombia. Also, the principle of centrality of the victims in the processes conducted by the JEP was discussed as one of the main challenges to consolidate peace and the reconstruction of the social fabric in Colombia.

    Several important points were raised during the seminar discussion. According to the experts, one of the most innovative aspects of the transitional justice model in Colombia is the incorporation of the principles of restorative justice within the procedures of the JEP. It is the first time that a court of law incorporates the restorative justice approach for crimes against humanity or war crimes of an international nature. The ethnic approach in the JEP, especially the inter-jurisdictional dialogue, is also highlighted. It is the first time that this has been incorporated so clearly in the design of the jurisdiction, both substantive and procedural.

    Additionally, the experts discussed the importance of addressing sexual and gender-based violence committed during armed conflicts. The prosecution of these crimes is fundamental in transitional justice, given that this type of violence is used as a weapon of war. It causes many people to suffer, especially women and children who are the main victims of sexual and gender-based violence. These types of crimes are often not investigated and prosecuted efficiently, which is why they pose a great challenge in the international criminal system. In Colombia, the political commitment of the JEP to provide justice on sexual violence is accompanied by an exercise of documentation and an analysis of information and cases that help lead to the identification of those most responsible.

    The experts reflected on the legal perspective of the sanctions regime incorporated into the Comprehensive System of Truth, Justice, Reparation, and Non-Repetition (SIVJRNR, for its acronym in Spanish), and delved into the nature of sanctions in transitional justice, their purposes, and their development—specifically in their expected impact on Colombian society. Three types of sanctions were addressed: ordinary, alternative, and special. Sanctions must have a restorative and a retributive component and inter-institutional coordination is important for the special sanctions to work.

    Lastly, experts agreed that the victims are, without a doubt, one of the most important aspects of the Peace Agreement and the cornerstone of the legal framework that created the JEP. The panel discussions focused on the guarantee of the rights of victims and how their participation in the JEP sanctioning scheme is developed. It is considered that the principle that seeks to allow victims to participate during the judicial procedures will be a fundamental aspect to identify possible restorative sanctions—that meet both the victims’ expectations on justice and contribute to improving the living conditions of the communities.

    “The Transitional Justice Model in Colombia” seminar is one of the spaces that allow several experts to reflect on international experiences in the framework of transitional justice and, specifically, the current challenges in the implementation of the JEP sanctions regime. ABA ROLI anticipates that conclusions and recommendations from the experiences and lessons learned will serve to strengthen the ongoing transitional justice procedures in Colombia.

    Learn more about ABA ROLI’s work across Latin America and the Caribbean.