¿Garantia de derechos humanos para las victimas o imposibilidad del derecho a la justicia? Las secuelas de la guerra

Abstract

Colombia in recent years has directed its activities in order to materialize the constitutional right to peace through signed agreements that commit state institutions to cement a peaceful culture in the population since it is one of the pillars of the Social State of Law and The purposes of the state. An example of the above was the agreement signed in Havana and signed on December 16, 2016 in Cartagena between the national government and the Revolutionary Armed Forces of Colombia-Army of the People (FARC-EP) which had as its main objective to establish the Total harmony through agreements will achieve full reparation to victims including truth, justice and reparation. However, this fact that had international significance for terminating the internal conflict that Colombia was experiencing after sixty years has been questioned by various sectors, so it is necessary to carry out its analysis in order to determine the effectiveness of the ideal instruments created to compensate the victims of the conflict. The foregoing is necessary to achieve the objective of being able to reach total harmony goes beyond agreements of `` Peace '' made with the Revolutionary Armed Forces of Colombia because peace is also based on verifying whether the Colombian State from The promulgation of said agreement has optimized suitable instruments to compensate the victims of the conflict. From another point of view it is unnecessary to establish whether it has rigorously verified the compliance of each and every one of the points established in the negotiating table by the FARC. In order to talk about the materialization of constitutional rights of victims as established by law 1448 of 2011. However, it can be evidenced that this is where a fracture is generated and what is signed between the State and the FARC, is simply a dead letter, because in the remote areas of the country where the jungles begin, dissidents of this subversive group were born, which remained in a legal vacuum because they were not included in the peace dialogues since at no point was the responsibility that the FARC would carry if this phenomenon arose, technically leaving a legal limbo to this population. Based on the foregoing, it is possible to show why one cannot speak of true inclusion in the face of victims of a new conflict, since these people are not able to access all kinds of employment, economic and social opportunities without any distinction increasing thus the vulnerability indexes in Colombia.