Peace process: Justice and democracy?
Por: Anderson Andrés Martinez
y Diana Jaramillo
 “We
want to participate with the mechanisms that democracy
offers us. We have very serious ideas and proposals
for the country ". The chief inspector of
the AUC, Adolfo Paz declared recently in an interview
granted to the newspaper El Colombiano of Medellín.
The energy with which the negotiation
between the Colombian State and the illegal groups
of self-defense began is weakening with time due
to the differences among official levels. One
of the most shocking moments took place when the
High Commissioner Peace, Luis Carlos Restrepo,
tried to resign because conceptual differences
between the initial project, denominated by the
AUC, as Truth, Justice and Amendment and the final
project, written up by the executive authority
called Justice and Peace.
The high commissioner showed
"serious discrepancies" with the State
and Justice Secretary, Sabas Pretelt De La Vega,
about the proposal to define a legal frame for
a negotiation with the armed groups.
On the other hand, the opinions
about the subject were untied, after the International
Symposium on Justice and Peace was held in Cali
last February, when the Anglican archbishop and
Nobel Peace price winner Desmond Tutu opened a
new door of hope for the people as he affirmed
in one of his interventions that: "when one
begins to negotiate, the parts realize thet what
seemed impossible to agree on possible, because
the purpose is to be able to generate the necessary
conditions to live peacefully".
The vice-president of the has
shown disposition to pursuit a reconciliation
between victims and victimizers by through Restorative
Justice; a new movement in the field of the criminology.
Restorative Justice is a process
where the parts at risk in a specific crime solve
collectively how to deal with the consequences
of the crime and implications for the future*.
Nevertheless, Restorative Justice is different
from contemporary penal justice in many forms
because it observes from a wider perspective way,
not only does it define the crime like simple
transgression of the law, but it recognizes that
the violators damage the victims, communities
and themselves.
In an article published by the
newspaper El Tiempo last February 11th, the Vice-president
proposed to create a "Court of Reconciliation",
which clearly states his position towards the
peace process, through Restorative Justice. He
also pointed out that the "discussion on
projects has been tremendously hypocritical and
attacks its authors. The discussion has been more
product of political vanities, political hatreds,
thirst of revenge that a search for community
a well-being in the long term".
As far as the paramilitary through
one of its spokesmen Adolfo Paz, insist on the
fact that it is political negotiation and, therefore,
is above legal considerations. "What happens
is that unfortunately the legal subject has become
leaving the political, but the most important
aspect we believe and truste in the generosity
of the society and the Colombian people and these
difficult moments will be surpassed, but the political
aspect is above any consideration", he stated.
While the positions of both sectors
are clarified, the civil society is expectant
about the reintegration. It is very possible,
like it has already occurred, that the “reinsertados”
are considered invisible by the civil society,
the political sphere and by the armed groups with
which he had fought. In an article of the newspaper
El Tiempo on March 9th 2005, explains that in
the sixteen months that the reintegrated have
been once again part of the civil life - specifically
those of the Cacique Nutibara group in Medellín
and those of the Calima group in Valle -, 46 exmembers
have benn assassinated, this is like remembering
the form the more than 1000 people assassinated
that were part of Unión Patriótica
- UP -, “reinsertados” that originally
came FARC.
The financing of lowering weapons
or demobilization processes is another difficult
issue because the International Community awaits
a legal frame to establish their economical aid
to the process.
“we are worried about the continuity of
the process as far as negotiation and reintegration
go because of the death of so many of our people
we have asked the national government and the
Auc not to let the negotiation fail. Said Giovanni
Marin, Coordinator of the Corporación Democracia
for the Cacique Nutibara group in Medellin.
However, the paramilitaries are not the only ones
that are concerned about this situation. The high
peace commissioner has two other battles to fight:
a humanitarian agreement with the farc and an
effort to approach the ELN with the help of the
Mexican government. In this situation the people
most interested in resolving this conflict are
the kidnapped people and their families because
as time goes on there is a greater distance between
the government and the farc about a humanitarian
exchange.
Even if the way is opened through
the restorative justice movement, as far as conciliation
among the Victim, victimize and com once caused,
the AUC must dissolve completely, not only as
an armed group but as a political Movement project.
Marc Grossman the Sub Secretary of State establishes
“we are on the side of justice and we believe
that justice must be done. We feel that he who
has committed a crime ought to pay for it and
must be punished. In addition, we consistently
support the extradition of those who have crimes
in our country to be tried before American courts.
Aside from the declarations and
intentions, every thing ought to be about the
peace dialogues and how they could come to happy
terms with all the sectors; so that instead of
military investment there could be social investment
in favor of a better country with greater benefits
for all its citizens.
(*) www.restorativejustice.org
Photography:
www.elpanamericana.com
|
