Peace with the paramilitary groups and the FARC-EP: Differences between two transitional processes in Colombia (2005-‍2016)

Abstract

The following paper analyzes the peace agreements signed in Colombia, first with the paramilitary groups of the United Self-Defense Forces of Colombia (AUC), in 2005, and later, with the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP), in 2016. The foregoing, to place special emphasis on the different transitional justice frameworks offered by each of the processes. After a theoretical review, four aspects are proposed to address in order to compare each context: a) the role of the international community; b) power relations between actors; c) the concurrence of a political negotiating agenda; and d) the participation of civil society in the process. This is added to a set of twenty variables that range from the nature of the sanctions or convictions, to the participation of citizens, the type of acknowledgment of responsibility or aspects such as duration or budget. Thus, although the Justice and Peace Law (2005) contains minimum standards of transitional justice, it is the Agreement with the FARC-EP where there is a greater commitment to truth, justice, reparation and non-repetition.