Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional Justice

This study examines the extent to which transitional justice in Colombia has strengthened Indigenous justice systems. Indigenous peoples in Colombia have suffered the worst violations of human rights due to the armed conflict (1958–2016). Thus, the State has failed to uphold their rights to truth, r...

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Main Author: Angela Marcela Olarte Delgado
Format: Article
Language:English
Published: Queensland University of Technology 2025-06-01
Series:International Journal for Crime, Justice and Social Democracy
Subjects:
Online Access:https://www.crimejusticejournal.com/article/view/3905
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author Angela Marcela Olarte Delgado
author_facet Angela Marcela Olarte Delgado
author_sort Angela Marcela Olarte Delgado
collection DOAJ
description This study examines the extent to which transitional justice in Colombia has strengthened Indigenous justice systems. Indigenous peoples in Colombia have suffered the worst violations of human rights due to the armed conflict (1958–2016). Thus, the State has failed to uphold their rights to truth, reparation, justice, and nonrecurrence. The task of the Special Jurisdiction for Peace, the justice component of the transitional justice system, is to prevent cycles of impunity endured by Indigenous communities. It endeavors to address epistemic violence rooted in international and national laws that incorporate intercultural approaches within their regulations and proceedings. However, tensions have emerged due to the challenges that pose the effective understanding of the Indigenous ontologies of damage, justice, and reconciliation in Colombia. The study’s findings demonstrate that strengthening Indigenous justice is dependent on the understanding of its ontology and the capacity of transitional justice to develop legal frameworks based on Indigenous law.
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publisher Queensland University of Technology
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spelling doaj-art-c05efd1d8c7549e9a5322e9bfd35e9482025-08-20T02:04:20ZengQueensland University of TechnologyInternational Journal for Crime, Justice and Social Democracy2202-79982202-80052025-06-01142839510.5204/ijcjsd.39054228Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional JusticeAngela Marcela Olarte Delgado0https://orcid.org/0000-0002-7169-5060University Externado de ColombiaThis study examines the extent to which transitional justice in Colombia has strengthened Indigenous justice systems. Indigenous peoples in Colombia have suffered the worst violations of human rights due to the armed conflict (1958–2016). Thus, the State has failed to uphold their rights to truth, reparation, justice, and nonrecurrence. The task of the Special Jurisdiction for Peace, the justice component of the transitional justice system, is to prevent cycles of impunity endured by Indigenous communities. It endeavors to address epistemic violence rooted in international and national laws that incorporate intercultural approaches within their regulations and proceedings. However, tensions have emerged due to the challenges that pose the effective understanding of the Indigenous ontologies of damage, justice, and reconciliation in Colombia. The study’s findings demonstrate that strengthening Indigenous justice is dependent on the understanding of its ontology and the capacity of transitional justice to develop legal frameworks based on Indigenous law.https://www.crimejusticejournal.com/article/view/3905transitional justiceindigenous justiceindigenous ontologiesinterculturality
spellingShingle Angela Marcela Olarte Delgado
Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional Justice
International Journal for Crime, Justice and Social Democracy
transitional justice
indigenous justice
indigenous ontologies
interculturality
title Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional Justice
title_full Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional Justice
title_fullStr Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional Justice
title_full_unstemmed Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional Justice
title_short Attempts in Strengthening Indigenous Justice Systems in Colombia Through Transitional Justice
title_sort attempts in strengthening indigenous justice systems in colombia through transitional justice
topic transitional justice
indigenous justice
indigenous ontologies
interculturality
url https://www.crimejusticejournal.com/article/view/3905
work_keys_str_mv AT angelamarcelaolartedelgado attemptsinstrengtheningindigenousjusticesystemsincolombiathroughtransitionaljustice