Columbia International Affairs Online: Working Papers

CIAO DATE: 11/2013

Transitional Justice and Colombia's Peace Talks

August 2013

International Crisis Group

Abstract

If the Santos administration and the Revolutionary Armed Forces of Colombia (FARC) are to lay the foundations for lasting peace as they continue to make head-way toward successfully concluding talks underway since late 2012, they need to agree on a clear, credible and coherent plan for dealing with human rights abuses committed by all sides. This is not easy. Any sustainable agreement must be acceptable well beyond just the two parties. Finding common ground between the guerrillas, the government, the critics of the peace talks, victims and a public largely unsym- pathetic to FARC would be difficult at the best of times but will be even harder on the cusp of the 2014 electoral cycle. However, with courts, Congress and voters all having important roles to play in ratifying and implementing transitional justice measures, both parties’ long-term interest in a stable transition should outweigh the costs of agreeing to a deal that goes beyond their own narrow preferences. Otherwise, flagging popular support, political controversy and legal challenges risk undermining both justice and peace.