Abstract

ZULETA ZULETA, Ana María  and  ROMERO-CARDENAS, Roberto. Coordination Between the JEP and the JEI: The Role of the Indigenous Authorities in the Applied justice of the Post-Agreement. Opin. jurid. [online]. 2020, vol.19, n.39, pp.167-185. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n39a7.

This article has as its main objective determining how the Special Indigenous Jurisdiction (JEI in Spanish) and Special Jurisdiction for Peace (JEP in Spanish) are coordinated, as well as the role performed by indigenous communities in the applied justice of the post-agreement. To achieve this, the study employs the empirical-analytical and the exploratory-descriptive approach from the Embera Chamí case in Riosucio (Caldas), supported by dialogues with the community about their knowledge of the Special Justice for Peace (JEP) and the possible conflicts that might arise from its application in the sanctioning and criminal justice dimensions. As a result, the study finds that the jurisdictions interact with each other in the framework of the unity, territory, culture and autonomy principles and founded in institutional harmony, legal diversity and understanding between cultures; which allows that the coordination between both finds multiple expressions. As a conclusion, the study finds that far from assuming a passive role and despite the conflict between competences, the Special Indigenous Jurisdiction revindicates different roles in the post-agreement justice in matters such as assistance, attention, integral repair of the victims, construction of truth and memory, re-incorporation of former-combatants indigenous people, among others.

Keywords : Special Jurisdiction for Peace; Special Indigenous Jurisdiction; coordination; previous consultation; harmonization.

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