APPROACH ON LAND IN TRANSITIONAL JUSTICE IN COLOMBIA: ETERNAL CONFLICT

Abstract

The approach to land in transitional justice in Colombia focuses on the restitution of lands taken during the armed conflict. This process seeks to compensate victims, restore rights and promote reconciliation. This document seeks to characterize the territory as a victim, proposing the creation of a guarantee of double instance in the judicial phase of land restitution in Colombia, including the approach to t ransitional justice in South Africa in order to have a reference in the Colombian transitional model.

The proposal to establish a guarantee of double instance in the judicial phase of land restitution seeks to strengthen the procedural rights of the parties involved, offering an additional layer of legal security that further legitimizes the process. This measure, aligned with restorative justice principles, could serve as a counterweight to possible judicial errors or misinterpretations in the initial phase, ensuring that the decisions taken fully comply with restitution regulations.

The experience of South Africa, after decades of apartheid, provides a frame of reference for the Colombian transitional model. Transitional justice included mechanisms not only for individual reparation, but also for community reconstruction and symbolic reparation, elements that could enrich the Colombian approach, given that transitional justice is, ultimately, a means to rebuild social relations damaged by the conflict.

The central purpose of this paper is to address some of the lines of research of the Seedbed of Transitional Justice and Peacebuilding of the Faculty of Law of the Military University Nueva Granada.