JEP urged to order measures to protect Afro-descendant communities in Colombia

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In September 2022, the JEP’s Truth Recognition Chamber opened Case 09, which investigates “non-amnestiable crimes committed against Ethnic Peoples and Territories during the armed conflict” – credit Luisa Gonzalez/REUTERSThe Attorney General’s Office requested The Special Justice for Peace (JEP) order precautionary measures to protect Afro-descendant communities in Colombia. The Public Ministry specifically asked the peace court to urge the Ministries of the Interior, Justice and Equality to implement a joint plan that guarantees the updating of the internal regulations of the Community Councils of the Black, Afro-descendant, Raizales and Palenqueras (NARP) communities, located within Case 9 that investigates the JEP.

With this request, the Attorney General’s Office intends to promote the demand for rights promoted by 18 community councils and others NARP social organizations of the Pacific coast. In his intervention before the JEP, the delegate attorney Christian Wolffhügel Gutiérrez specified that the updating of the regulations must be oriented towards a “fair, restorative and transformative effect that will allow us to understand the realities of these peoples and guarantee their rights to material equality and access to justice, ensuring that their own authorities are recognized and the principles of intercultural, interjurisdictional and interjustice dialogue are observed.

For the disciplinary control entity, the aforementioned update is of vital importance, given that, to date, the internal regulations do not have a component of justice and their own law that allows understanding their particularities, especially the impacts differentiated that caused the victimizing events on the life, culture, worldview, traditional practices and ethnic identity of these communities. Furthermore, it points out that this will allow the sanctions imposed by Transitional Justice to be truly restorative for the NARP peoples and communities, even more so when “the reports known to the JEP show a process of uprooting and social dispersion with successive, simultaneous and interdependent effects, which had the effects of making their processes invisible, weakening their collective identity, and ignoring their forms of organization.” “, the restriction of their autonomy and the limitation of their exercise to their own justice,” as explained in the request for precautionary measures. The delegate finally pointed out that this update is essential as an early prevention measure to avoid the possible materialization of crime scenarios.

In September 2022, the Truth Recognition Chamber of the JEP opened Case 09, which investigates “the non-amnestiable crimes committed against Ethnic Peoples and Territories during the armed conflict by members of the FARC and the public forces, as well as other agents of the State and civilian third parties.” This case was opened in response to the truth demands of the victims and their organizations, which highlighted that the multiple violence to which ethnic peoples and territories have been subjected are accentuated by racism and discrimination, and have put them at risk of physical, cultural and spiritual extermination, a situation that the Constitutional Court has recognized for some time. almost two decades. Between 1964 and 2016, 14,261 victims of sexual violence with documented ethnic affiliation were presented, according to the JEP – credit Luisa Gonzalez/REUTERS

Of the 976 reports submitted to the Recognition Room by the victims, 435 have an ethnic component and, of Of them, 177 were analyzed by the Information Analysis Group (GRAI) of the JEP. After the analysis, it was found that there is a provisional universe of 1,350,181 victims with ethnic belonging, whose most documented victimizing event is forced displacement, followed by homicide and forced disappearance. At the territorial level, based on the preliminary analysis of the intensity of documented victimization, the Chamber has four territories in the concentration stage. In them, 375,967 victims have been identified, of which 190,607 belong to Buenaventura, Dagua and Medio Pacífico; 89,994 to Sierra Nevada de Santa Marta and adjacent areas; 33,540 to Amazonia and Orinoquía; and 61,826 to Chocó in the area of ​​influence of Medio Atrato. The most recent advance of the JEP in Case 9 was the carrying out of five subregional and intercultural dialogic procedures and interjurisdictional coordination with the black and indigenous peoples of Chocó, in June 2023. These hearings allowed the identification of facts unknown to the ordinary justice system, which will serve as input for the characterization of the macrocriminal patterns and the organization of the appearing parties who will be called to testify within the framework of the Chocó subcase.

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