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Peace without indigenous or Afro-Colombian people

Through the fast-track in Congress, the implementation of the peace agreement is leaving out ethnic peoples. Long before there was a table in Havana, the peace labs were the territories of the Nasa in Cauca, the Wiwa’s Sierra or the black communities of the Pacific, who refused to take arms or left in the middle of guerrilla and paramilitary violence and state stigmatization.

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“Fast” but not “fat track”

The government seems to seek to convert the so-called fast track (“fast track”), into a kind of fat track (a “thick track”). At least that is the impression that leaves this idea of using it to approve constitutional reforms, such as mandatory voting or closed election lists, which may be good, but do not have a clear link with the Peace Agreement.

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The selection of the Justice of Peace

With the march of the members of the FARC to the selected zones and the sessions in the Congress that have been integrating the agreement to the Colombian legislation, the Peace Agreement becomes a tangible reality. Not without uncertainties and without much bullying.

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From guerrilleros to forest rangers

The end of war, as war itself, has paradoxical effects on nature. The most well-known impacts are the destructive ones: the poisoning of rivers through illegal mining that has financed guerrillas and paramilitaries alike; the contamination of soil due to the bombing of oil pipelines by the ELN, the rents imposed by FARC for coca crops in national parks, the forever dried-up wetlands by paramilities who cultivated palm. 

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Command responsibility

The so called “command responsibility” is a technical topic that generates perplexities even among experts. But it is really important since the legitimacy of the special peace jurisdiction (JEP) depends greatly on the topic being adequately resolved. 

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Peace without participation?

Something paradoxical is happening with citizen participation after the end of the war with FARC. Those who initially opposed the plebiscite but ended up winning, now suddenly embrace participation to claim that the peace accord is legitimate. Instead, those who supported the plebiscite and promoted participative democracy through the years, seem to be defensive after the October 2nd surprise.

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Peace for women

The biggest challenge of 2017 is to consolidate peace. The agreement between the Government and the FARC promises to promote comprehensive rural reform, a process of democratic openness, a system that guarantees the rights of victims of armed conflict and some solutions to the problem of illicit drug use. Promises that should materialize with a gender approach, which came to the Agreement thanks to the persistence of the social movement of women and remained in it, despite having been misrepresented during the campaign of the plebiscite.

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Why Are the Regulations of the New National Development Plan Regarding Paramos and Development Projects of National Strategic Interest Unconstitutional?

With six votes in favor and two against, the Constitutional Court ruled that the article of the National Development Plan that permits mining in paramos is unconstitutional.

Moreover, with a 5-3 vote, the Court decided that victims’ rights to land restitution supercedes Development Projects of National Strategic Interest.

In August 2015 Dejusticia intervened in this litigation arguing these measures’ unconstitutionality.

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