Resumo

BRACONNIER-MORENO, Laetitia. The own rights of ethnical people in the Colombian Peace Agreement of August 2016. Rev. Derecho Estado [online]. 2018, n.40, pp.113-126. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n40.05.

The Peace Agreement signed up in Havana between the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia - Ejército del Pueblo (FARC-EP), ending a conflict of more than fifty years, establishes transitional justice mechanisms adapted to victims from ethnic and cultural groups. Indeed, modalities to repair those victims take their ethnic, cultural, social particularities into account, such as their own experiences of the conflict and special needs. Despite the fact that Indigenous, Afro-Colombian and Roms leaders have been invited belatedly to the peace conversations in Havana, and that their low visibility in the process suggested that their special victimisation would be ignored, the "differential approach" and the "Ethnic chapter", included in the Final Agreement, foreshadows some success for those communities in Colombia: first, their reconnaissance as the principal victims of the conflict; then, the idea that ethnic groups have their own rights; and above all, the possibility for them to appropriate those rights which may be adapted to their cosmovisions.

Palavras-chave : Colombian Peace Agreement; legal pluralism; indigenous law; transitional justice; Ethnic chapter; special jurisdiccions for peace.

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