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Comprehensive System of Truth Justice Reparation and Non-Repetition (Sivjrnr) What Is the Sivjrnr?

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Comprehensive System of Truth Justice Reparation and Non-Repetition (Sivjrnr) What Is the Sivjrnr? COMPREHENSIVE SYSTEM OF TRUTH JUSTICE REPARATION AND NON-REPETITION (SIVJRNR) WHAT IS THE SIVJRNR? • It is a set of mechanisms to guarantee the rights of victims to truth, justice, reparation and non-repetition, as stipulated in the Agreement for the Ter- mination of the Conflict and the Construction of a Stable and Lasting Peace, signed between the National Government of Colombia and the FARC. • The System is comprised of the Truth, Coexistence and Non-Repetition Commission; the Special Jurisdiction for Peace ( JEP); and the Unit for the Search for Persons Presumed Disappeared in the context and by rea- son of the armed conflict (UBPD); as well as of comprehensive reparation measures for peacebuilding and guarantees of non-repetition. • The SIVJRNR was incorporated in the Political Constitution of Co- lombia through the Legislative Act 01 of 2017. Each of its components has its own regulatory framework. • The System emphasizes the implementation of restorative and remedi- al measures for shedding light on the truth about the armed conflict and fostering the transformation of the factors that had a bearing on it as the foundations of a peaceful and dignified coexistence for the victims. • Its main characteristics are the centrality of the victims and the inte- grality reflected by the coexistence of autonomous extrajudicial and judi- cial mechanisms based on the rights of victims and the relations of con- ditionality and incentives for those who appear as parties responsible for serious human rights violations, war crimes and crimes against humanity committed in the context of the armed conflict. Fotografía de portada: Isabel Valdés para la JEP - 2019 • No component of the System takes precedence over the others, and WHO PARTICIPATES IN THE COMPREHENSIVE SYSTEM? each mechanism performs its functions without duplicating the others’ functions, for which there are collaboration protocols and an Interinsti- • All victims of the armed conflict: tutional Coordination Committee. » Victims of the guerrillas • Moreover, the System has a territorial, differential and gender approach, » Victims of the paramilitary groups which corresponds to the particular characteristics of victimization in each » Victims of State agents territory and for each population, with special protection and attention » Victims of other illegal armed groups for women and children victims of the armed conflict. ≈ • Members of guerilla groups that have signed peace agreements with the National Government of Colombia and have participated in process- es for the surrender of weapons. WHAT ARE ITS OBJECTIVES? • State agents, including members of the Public Forces, who have com- mitted crimes in the context and by reason of the armed conflict, based • Satisfy the rights of victims of the Colombian armed conflict. on the recognition of their status as guarantors and the presumption that • Ensure the elucidation of the truth and accountability for what occurred. they legitimately exercise a monopoly on weapons. • Seek recognition of the responsibilities of those who directly or indi- • Demobilized paramilitaries, in order to shed light on the phenomenon rectly participated in the internal armed conflict. and contribute to comprehensive reparations for their victims. They are • Guarantee justice in cases of serious human rights violations and breach- not investigated or prosecuted by the JEP. Exceptionally, they may be able es of international humanitarian law. to submit to the JEP when they can make an extraordinary contribution to the truth. • Provide legal security for actors who participate in the System. • Third-party civilians who, although not members of illegal groups, have • Encourage the collaboration of those who directly or indirectly partic- had a non-coerced financial or collaborative relationship with them, in ipated in, and committed crimes in the context and by reason of, the armed the course of which they have committed crimes in the context and by conflict. reason of the armed conflict. • Contribute to the promotion of peaceful coexistence, reconciliation and • Society in general, through the recognition of: non-repetition. ≈ 1) Violations of human rights and breaches of international humanitarian collective responsibilities of those who direct- ly or indirectly participated in the conflict. It law that have been committed in the context of the armed conflict as MANDATE also promotes coexistence in the territories, something that deserves to be rejected by everyone and that should not with non-repetition as the horizon. and cannot be repeated. The Commission will work for three years, 2) Processes for the strengthening of the community’s social fabric, the PERIOD FOR THE primarily around patterns of violence, and it experiences of individual or collective resilience, and the positive transfor- EXERCISE OF ITS will produce a final report in different for- mation of organizations and institutions that have also taken place through- MANDATE mats, so that it can be understood by all out the armed conflict. Also, society in general can voluntarily contribute Colombians. through the dissemination of the advances, results and recommendations that arise from the implementation of the SIVJRNR, as well as by pro- The work of the Commission is deployed moting individual and collective reflection and actions that sustainably around 2 strategic processes, each with a Director and a work team: the Directorate contribute to non-repetition. ≈ of Knowledge - which coordinates the Ob- A) MECHANISMS jective of Clarification of truth - and the Directorate of Social Dialogue - which THE TRUTH COMMISSION coordinates the teams in charge of the ob- jectives of Recognition, Coexistence and Non-Repetition, strategies (pedagogy, com- munication and participation) and ap- The Truth Commission is a national autono- proaches (ethnic, psychosocial, gender, life CHARACTER STRUCTURE mous public entity whose mission is to listen course and disability, and artistic and cultural). and understand, without judging. It also has a plenary of 11 cvommissioners, It seeks the truth of what happened in the one of whom chairs the entity; a Director- context of the internal armed conflict, to shed ate of Ethnic Peoples; a Directorate of Ter- light on the violations committed therein, and ritories, with 12 macroterritorial teams to offer society a broad explanation of its (including a team working with the Co- complexity and an account that includes all lombian victims in exile) and 20 Houses of MANDATE voices. The Commission also promotes the Truth located in different parts of the coun- recognition of victims’ right to the truth, and try; a General Secretariat; and a Director- the voluntary recognition of individual and ate of Administrative and Financial Man- agement. ≈ UNIT FOR THE SEARCH FOR PERSONS PRESUMED DISAPPEARED CHARACTER The JEP is an autonomous judicial entity. The UBPD is an extrajudicial, humanitarian, CHARACTER autonomous and independent entity of the State. It has the tasks of investigating, elucidating, judging and punishing serious human rights The UBPD directs, coordinates and contrib- violations, war crimes and crimes against utes to the implementation of humanitarian humanity committed in the context of the actions to search for and locate living persons armed conflict up to December 1, 2016. MANDATE presumed missing in the context and by rea- son of the armed conflict, and in the case of It is obligated to investigate and adjudicate MANDATE death, where possible, the recovery, identi- cases involving ex-combatants of the FARC fication and dignified delivery of the remains. and members of the Public Forces who have been prosecuted or linked to crimes related to the armed conflict. It also investigates and PERIOD FOR THE adjudicates cases involving other non-mili- EXERCISE OF ITS The period for the exercise of the UBPD’s tary State agents and third-party civilians MANDATE mandate is 20 years (extendable). who appear voluntarily. The UBPD has a General Director, who is PERIOD FOR THE The period for the exercise of the JEP’s advised by an Advisory Council made up of EXERCISE OF ITS mandate is 15 years, extendable to a maxi- the President of the Truth Commission, se- MANDATE mum of 20 years. nior national government officials, the -Di rector of the National Institute of Legal STRUCTURE Medicine and Forensic Sciences (INMLCF), The JEP has three Justice Chambers, the delegates of the National Victims Roundta- Peace Tribunal (comprised of four Sections), ble, delegates of organizations of relatives of the Investigation and Accusation Unit, and STRUCTURE victims of forced disappearance and kidnap- the Executive Secretariat. The Jurisdiction ping, and a delegate of civil organizations is presided over by a magistrate elected by with technical forensic expertise. ≈ a plenary session. ≈ B) COORDINATION The Truth, Coexistence and Non-Repetition Commission, the Special Advances: Jurisdiction for Peace ( JEP), and the Unit for the Search for Persons - Joint development of Prior Consultation with indigenous, Rom Presumed Disappeared in the Context and by Reason of the Armed Con- and Afro-Colombian communities. flict (UBPD) have defined two purposes of coordinated work to strength- - Exchange of information between the three mechanisms and joint en the integral nature of the SIVJRNR: receipt of reports from victims’ and human rights organizations which contribute to truth, justice and the search for disappeared - Strengthen the participation of victims and the territorial and persons.
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