When a society faces political, social and economic conflicts that restrict its freedom, doing justice allows the future to manifest itself with equity and new opportunities in a space of peace.
Achieving this possibility is the work of transitional justice, defined as a mechanism for countries and their inhabitants to overcome problematic periods in which serious and systematic human rights violations have been committed, which require the attention of extraordinary figures because the conventional judicial system does not have sufficient powers to provide an adequate response.
To achieve this goal, transitional justice requires the accountability of perpetrators. rights and reparations for victims, in an attempt to recognize their dignity as citizens and help them in the transition they are undergoing.
The United Nations conceptualizes transitional justice as "the full range of processes and mechanisms associated with a society's attempts to resolve problems arising from a past of large-scale abuses in order to hold perpetrators accountable, serve justice and achieve reconciliation".
Systematic social, economic and political rights violations and abuses
They can lead to fragility of the people, instability of the system, politicization and scarcity of resources. These circumstances promote the loss of confidence of citizens in state institutions, which weakens social and political structures.
In 2010 the United Nations, in a note on transitional justice, highlighted the need for The mechanisms used by transitional justice should consider the causes of the conflicts that have arisen and address violations of human rights, including economic, social and cultural rights. In this sense, it was urged to do justice in the crimes committed during the conflict, but also in those crimes that preceded it and contributed to its development.
Transitional justice is legally supported by international human rights standards.international humanitarian law, international criminal law and international refugee law.
The difference between transitional justice and international justice The first refers to the mechanisms that governments have in place to deal with crimes committed in previous administrations and that keep the current political, social and economic situation compromised.
Although restoring the dignity of the victims and bringing justice in the face of rights violations are the main goals of transitional justice, this mechanism has other qualities to highlight:
- Enables access to justice The company is committed to helping the most vulnerable sectors during this type of conflict. It does not stop its work in the face of differences in social class and purchasing power among the victims.
- Respects the rule of law and activates all possible mechanisms for its faithful compliance.
- Assistance in the creation or promotion of reliable socio-political institutions.honest and stable.
- Promotes reconciliation between citizens and political groups by promoting relevant and lasting solutions for conflict resolution.
- Laying the groundwork to attack in the most convenient and fair way the underlying causes of the conflict.
According to the document "Transitional Justice and Economic, Social and Cultural Rights" of the United Nations, published in 2014, this mechanism is based on the premise that meaningful negotiations executed from the State is an ideal space to introduce social, economic and political changes.
Although transitional justice processes are often complex, slow, and under-resourcedThe experience reviewed by the United Nations shows that they are fundamental and have the capacity to foster lasting change within societies that have been subjected to abuses and crimes of all kinds. For example, their action to combat impunity cultivates the basis for ensuring that human rights violations do not recur.
Criminal proceedings against the perpetrators of the crimesThe most common implementation mechanisms for transitional justice are truth commissions, truth commissions, reparations programs and the reform of public institutions or legal instruments.
Challenges for transitional justice
Effectiveness of transitional justice measures The main factor is the creativity of the human resources in charge of dealing with the possible scenarios and applying the provisions of the law in each case.
Prioritize the seriousness of human rights violations to establish accountability According to the nature of the crime, it is essential to optimize the procedure of this judicial mechanism. Likewise, the political, social and legal conditions of the areas where this set of procedures is applied play an important role in the way it operates and ultimately in the outcome.
One of the daily challenges of transitional justice has to do with "instability". that may be generated, in some cases, by the actions taken. Therefore, in some circumstances, transitional justice must strike a perfect balance between the search for justice and the risks that may result from rapid and unguarded intervention.
It is usually applied in highly polarized societies.The government must therefore have a separation of powers in order to ensure that the changes occur. Countries that have resorted to this remedy include Argentina, Chile, South Africa and more recently Peru and Tunisia.
Our efforts
At Alan Aldana & Asociados, we are aware of the importance of of these legal mechanisms to enable the emergence of an equitable and just future for societies. Therefore, we strongly support all existing mechanisms for the achievement of justice and the introduction of real social, political and economic changes.
Our participation in the International Seminar on Interculturality, Truth, Justice and Intercultural Dialogue for ReconciliationThe event, held at the Javeriana University in Cali, Colombia, ratifies our will and commitment to the dignity of the people.
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