Equity in regard to the law for victims and restitution of the land and law of justice and peace

Abstract

The following article is presented as the result of the research done by the Public Policies research novices at the Law Faculty, Universidad la Gran Colombia Armenia headquartersâ€. The aim is to analyze equity and guarantees given to the victims by the 1448, 2011 Law and to the victimizers through the 975, 2005 Law towards the effective fulfillment of their Rights and Obligations. In this regard, we will proceed to identify in the first place, the causes that originated the emergence of illegal armed groups, its evolution through history and the attempts of Colombian the State to fight their actions. In the conclusions it will be evidenced how guarantees offered to both sides of the armed conflict don´t reflect equity though they impose greater burdens on the victims who are subjected to forgive the unforgivable, adding to it, the lack of guarantees to its integral reparation and the effective fulfillment of their right to the truth, justice, and reparation. In turn, the postulants to the Law of Justice and Peace can easily embrace the benefits of alternativity of the penalty even facilitating the substitution of the precautionary incarceration measurement for a non incarceration measurement to the point of allowing the fulfillment of the penalty abroad, far away from the country that suffered the consequences of the internal armed conflict. Nowadays, a new peace process forwarded by the actual government with FARC leaders is expected with great hope. In such a context peace and national reconciliation is expected from the peace iniciative.