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Breakthrough in justice for indigenous communities in Colombia

This week, Colombia’s Special Jurisdiction for Peace made significant progress in investigating war crimes committed against indigenous communities by indicting 12 former FARC members for war crimes.

Image: Joris van de Sandt

The decision by Colombia’s Special Jurisdiction for Peace (JEP) underscores the vital role of civil society organizations like PAX in documenting these crimes as part of the post-peace agreement truth-finding process, bringing much-needed attention to the injustices these communities have faced.

Former FARC Members charged with War Crimes

The JEP has formally charged 12 former FARC guerrilla members with war crimes and crimes against humanity related to over 5,000 violent acts against indigenous communities in Cauca and Valle del Cauca between 1965 and 2013. These crimes occurred during guerrilla raids, which primarily targeted police and military installations, but also severely affected civilian populations. After 2000, these attacks intensified as the FARC specifically targeted indigenous communities, who actively opposed the presence of armed groups in their territories. In defending their autonomy and governance structures, these communities became direct targets of the conflict. In addition to guerrilla raids, crimes such as targeted killings, forced displacement, and assaults on indigenous leadership occurred.

PAX’s Role in Documenting War Crimes

We have worked closely with indigenous and Afro-Colombian communities in Cauca since the early 2000s to support their efforts to promote peace in the region and ensure accountability for the injustices they have suffered. Following the 2016 peace agreement, we intensified our focus on documenting these violations, gathering testimonies and evidence to ensure that victims’ voices remain central to the justice process. The JEP’s indictment validates the years of dedicated work by local communities and civil society organizations, including PAX, which conducted crucial documentation between 2019 and 2022. This work substantiated the investigation and led to the formal charges.

Impact on indigenous communities

The charges cover several horrific crimes, including the murder of spiritual leaders, forced disappearances, child recruitment, and the confinement of communities. These tactics were used to destabilize the region, forcibly drawing indigenous communities into the conflict and facilitating the FARC’s control over the area. Spiritual leaders, who are central to the cultural survival of these communities, were targeted, weakening their governance structures. Forced displacement, another devastating tactic, aimed to sever ties to ancestral lands, which are essential to indigenous identity. The use of landmines and explosives left lasting physical and psychological scars, with survivors continuing to live in fear and trauma.

Significance for transitional justice

This indictment marks a major milestone in Colombia’s transitional justice process, reinforcing accountability and reparations for indigenous and Afro-Colombian communities. By categorizing these crimes as war crimes and crimes against humanity, the JEP strengthens the legal and moral basis for justice, setting an important precedent for future cases. The decision further builds trust in transitional justice institutions and the rule of law, ensuring that victims have the opportunity to participate in the legal process.

The case underscores the tireless efforts of civil society organizations, indigenous leaders, and community members who have worked together to document war crimes and ensure that victims’ voices are heard. Moving forward, the JEP will continue to investigate the roles of other actors in these crimes and issue recommendations for reparations that align with the needs and perspectives of indigenous communities, respecting their traditions and governance practices.

PAX’s ongoing commitment

Worldwide, PAX is committed to strengthening victims’ participation in transitional justice processes, with special attention to marginalized groups such as indigenous communities, women, ethnic minorities, and youth. Our work in Colombia, particularly with indigenous communities in Cauca, reflects this commitment to ensuring these processes are inclusive and responsive to the specific needs of affected groups.

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