Unlocking the full potential of restorative justice: Lessons for a thicker peace in Colombia’s transitional justice framework

CLAMP, KERRY

Abstract

This policy brief critically examines the role of the Special Jurisdiction for Peace (JEP) in Colombia as a mechanism for restorative justice within the broader framework of transitional justice established by the 2016 Peace Agreement. The JEP’s structure and processes are assessed in relation to promoting social healing, reconciliation, and accountability for macro-criminality. The policy brief highlights the institution’s operational independence, collaborative efforts with other bodies, and the meetings between ‘accredited victims’ and ‘appearing parties’ as strengths of the JEP’s structure. Yet, the analysis also identifies the limitations of the JEP’s restorative potential, particularly in its reliance on an adversarial legal framework that may overshadow restorative aims. Drawing on theoretical frameworks, this policy brief proposes a holistic approach that encompasses three lenses—encounter, reparative, and transformative—suggesting that bridging capital between adversary’s, restitution, and the dismantling of oppressive structures are essential for achieving lasting peace. Recommendations are made at conceptual, strategic, and practical levels to enhance the JEP's engagement with communities, foster inclusive dialogue, and address systemic inequalities. Ultimately, this policy brief advocates for a reimagined model of restorative justice that empowers local actors, integrates traditional practices, and fosters long-term societal transformation in Colombia.

Citation

CLAMP, K. (in press). Unlocking the full potential of restorative justice: Lessons for a thicker peace in Colombia’s transitional justice framework

• Report Type: Policy Document
• Acceptance Date: Oct 31, 2024
• Deposit Date: Jan 15, 2025
• Publicly Available Date: Feb 14, 2025
• Keywords: Special Jurisdiction for Peace (JEP) Restorative Justice Transitional Justice Reconciliation Societal Transformation
• Public URL: https://nottingham-repository.worktribe.com/output/44229054
• Publisher URL: https://www.instituto-capaz.org/en/policy-brief/