Maestría Reconciliación y Convivencia con Énfasis en Derechos Humanos y Victimología

URI permanente para esta colecciónhttp://hdl.handle.net/11634/13488

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Análisis del cumplimiento de las garantías de no repetición en materia de desplazamiento forzado derivados del acuerdo de paz en la región del Catatumbo
(Universidad Santo Tomás, 2026-06-01) Manzano Manzano, Ana Cristina; Benavides Mendoza, Gissette Carolina; Universidad Santo Tomás
This article examines compliance with the guarantees against repetition in cases of forced displacement set forth in the Final Peace Agreement and its implementing regulations through 2025 for the Catatumbo region in Norte de Santander. The research was conducted through a systematic literature review covering the period from 2016 to 2025, using academic, regulatory, and institutional sources from indexed databases, institutional repositories, and official documents, applying criteria for selection, data cleaning, and comparative thematic analysis. The literature review revealed that the post-agreement regulatory framework generated a comprehensive legal structure centered on non-repetition, particularly through the Comprehensive Rural Reform, political participation, security mechanisms, and territorial planning instruments. Second, it was established that despite this regulatory development, non-repetition in the Catatumbo region remained in critical contexts through 2025 due to the intensification of the armed conflict, the control of illegal economies, and institutional weaknesses. It was also determined that the limited comprehensive state presence, weak inter-institutional coordination, insufficient early prevention, and the persistence of structural vulnerabilities have limited the material scope of the guarantees of non-repetition.
Pedagogía para la memoria y para la paz: reflexiones desde la formación jurídica en Colombia
(Universidad Santo Tomás, 2026-04-25) Jauregui Buitrago, Laura Milena; Correal Torres, Paula Nathalia; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001752152; https://scholar.google.com/citations?user=NC9Ep4AAAAAJ&hl=es; https://orcid.org/0000-0003-4555-3146
This reflection examines the concepts of pedagogy of memory and pedagogy for peace as fundamental tools in legal training, particularly in spaces such as the Legal Clinic and the Institute of Victimology at Universidad Santo Tomás. It argues that these pedagogies represent essential contributions to the integral attention of armed conflict victims and to peace construction in Colombia. Additionally, reflections are presented regarding the pressing need for such pedagogies in a country traversed by contexts of persistent violence and by the challenges of a post-accord scenario that remains unconsolidated
Herramientas didácticas para la capacitación en atención sin daño en el Instituto de Victimología de la Universidad SantoTomás, Bucaramanga
(Universidad Santo Tomás, 2026-04-24) García Ortiz, Adrián Fernando; Méndez Villamizar, Claudia Milisa; Porras Moreno, Jeisson Fabián; Universidad Santo Tomás
This article reflects on the ethical and methodological importance of implementing Non-Harmful Care practices when interacting with victims of Colombia’s prolonged armed conflict, whose impact goes beyond material damage and causes profound psychosocial suffering. From the perspective of Harm-Free Action, the aim is to ensure that interventions do not exacerbate tensions, which is specifically manifested in Harm-Free Care, an interpersonal approach focused on preventing revictimization or secondary harm during the provision of services (legal, psychosocial assistance, etc.). The role of the Institute of Victimology at the University of Santo Tomás is contextualized as a space for comprehensive training that integrates psycho-legal theory with field practice to ensure dignified treatment. The analysis identifies the risk of excessive bureaucracy and the over-technologization of processes as the main sources of revictimization in victim support. Therefore, the importance of a cross-cutting psychosocial approach, based on dignity and participation, is emphasized. Finally, the article presents a compilation of essential educational and pedagogical tools in Colombia (UNDP, UARIV, JEP), such as context analysis manuals, socio-dramas, co-creation workshops, and the Emotional Recovery Strategy (ERS). The conclusion is that Non-Harmful Care is not optional, but rather the backbone of Comprehensive Reparation, and it requires the continuous training of those involved, the humanization of care pathways, and the empowerment of victims, thereby mitigating institutional burnout and mistrust.
La Crisis de la Justicia Internacional Supranacional: Análisis de la Visión de Concepción Escobar Hernández frente a los Desafíos de la CIJ, CPI y Corte IDH en un Mundo Multipolar
(Universidad Santo Tomás, 2026-04-08) Valdiri Rojas, Martha Isabel; Archila Antolinez, María Elsa; Universidad Santo Tomás
In an increasingly conflictive and polarized multipolar world, where geopolitical tensions and accelerated globalization have transformed the international legal landscape, this reflection article examines the structural crisis affecting supranational judicial bodies—such as the International Court of Justice (ICJ), the International Criminal Court (ICC), and the Inter-American Court of Human Rights (IACHR)—analyzed through the proposals and reflections of Concepción Escobar Hernández (1959-2025). Employing an interpretive and critical approach based on primary sources, including her recent publications and case law updated as of January 2026, this study conceptualizes her theory of international justice. It characterizes the lack of effectiveness stemming from systematic non-compliance, institutional biases, and financial constraints, contrasting her ideas with key elements of the current crisis. The analysis incorporates new insights, updates and strengthens sources, establishes links between variables, and develops reflections that enrich the academic debate. Simultaneously, it contributes to the search for viable inter-judicial coordination mechanisms, alternative enforcement strategies, and inclusive reforms. These alternatives aim to preserve the integrity of the international legal order amidst growing fragmentation and geopolitical resistance. Thus, the study seeks not only a superficial diagnosis but an exploration of deep-seated roots, proposing practical solutions for the short and medium term while incorporating multidisciplinary perspectives that enrich the understanding of the subject.
La paz navega entre la gobernanza territorial y la gobernanza criminal: reflexiones estratégicas para la región de llanura Amazónica del Putumayo
(Universidad Santo Tomás, 2026-04-09) Arcos Caicedo, Jorge Andres; Correal Torres, Paula Nathalia; Universidad Santo Tomás
This article is framed within a critical analysis of territorial consolidation in contexts where communities have historically been forced to assume burdens derived from state absence, armed violence, and the imposition of illegal orders. The municipality of Valle del Guamuez, in the department of Putumayo, represents one of the most complex scenarios of peacebuilding in Colombia. Since the signing of the 2016 Peace Agreement between the Colombian government and the FARC-EP, this region has experienced a structural paradox: while the state has attempted to strengthen institutional presence through programs for the substitution of illicit crops, comprehensive victim reparation, and public service provision, the presence of illegal economies and armed actors imposing their own norms, social control, and economic regulations has simultaneously deepened. This duality constitutes a form of hybrid governance, in which state territorial governance coexists and competes with criminal governance that, in practice, shapes local social and economic relations (Mampilly, 2011; Abrahamsen & Williams, 2009). Putumayo is a territory of high ethnic and cultural diversity, home to at least fifteen Indigenous peoples, including the Inga, Kichwa, Awá, Siona, Cofán, and Nasa, who sustain a plurality of norms and community practices that interact with the dynamics of armed conflict (CIDH, 2018). In Valle del Guamuez, these communities coexist with peasant populations, conflict victims, and urban residents amid an intense struggle for territorial control. The expansion of illicit crops since 2016 has reinforced the power of illegal armed groups, turning municipalities such as Valle del Guamuez, Puerto Asís, and Orito into strategic nodes of the coca economy and drug trafficking, thus prolonging patterns of violence and illegal economies that have characterized Putumayo for decades (UNODC, 2022). The settlements of El Tigre and El Placer clearly illustrate this tension between competing orders of power. These communities have historically been spaces of social regulation by illegal armed structures, where curfews, rules of coexistence, and mechanisms of parallel justice have been imposed. Although the state maintains an institutional presence, its real capacity to govern is limited by the economic and coercive power generated by illicit economies — an attribute that some studies identify as a defining feature of criminal governance, when alternative armed actors assume functions the state fails to consolidate (Muggah & Aguirre, 2018; Felbab-Brown, 2010). Since 2016, the area cultivated with coca in Putumayo has increased steadily, surpassing 50,000 hectares in some recent years, which has strengthened the capacity of armed groups to finance their territorial control (UNODC, 2022). At the same time, more than 20,000 families in the department have joined voluntary crop substitution programs, reflecting that the territory is also a space of social resistance and the search for legal alternatives. This aligns with findings in rural development studies, which show that substitution programs can generate positive social effects when they are linked to institutional strengthening and effective guarantees of access to legal markets (Thoumi, 2013; Rueda & Mesa, 2021). This coexistence of legality and illegality, of institutional presence and armed control, constitutes a hybrid governance in which peace cannot be understood merely as the silence of guns, but as a struggle over who governs the territory, who defines the rules, and who guarantees rights — a concept advanced by scholars of territorial peace in post-agreement contexts (Richani, 2013; Aguilera et al., 2020). In Valle del Guamuez, and particularly in El Tigre and El Placer, peace navigates between two logics: one oriented toward development, participation, and legality, and another sustained by illicit economies, armed coercion, and social control. Understanding this tension is key to designing strategies for reconciliation, coexistence, and territorial governance that respond to the real complexity of the territory.
La corresponsabilidad comunitaria en la construcción de paz sostenible en la zona norte de Quibdó. Caso de Estudio: Fundación comunitaria Caminemos Juntos
(Universidad Santo Tomás, 2026-04-08) Salazar Moreno, Julio Eccehomo; Correal Torres, Paula Nathalia; Universidad Santo Tomás
Based on the experience gained during the internship carried out in the northern area of Quibdó through the community foundation “Caminemos Juntos,” it was possible to identify the need to build community strategies and practices grounded in the principle of shared responsibility, since peace is a collective project. In addition to this nationwide principle, a particular situation arises in this area of the municipality of Quibdó regarding multidimensional poverty, which includes deprivations in education, health, housing, and employment. Therefore, this reflective article seeks to identify the factors that constitute obstacles to the construction of a new form of citizenship in this area of the capital of Chocó, and, in doing so, to raise awareness so that this problem is assumed as a moral and social commitment involving the entire community. This is because the transformation of the social environment is not the exclusive responsibility of institutions, but rather requires the active participation of different social actors. Within this framework, the study is guided by an analytical approach, whose objective is to reflect on the processes of training, guidance, and support aimed at these communities. The intention is to contribute to the reconstruction of the social fabric through the strengthening of values, morality, sustainable legality, and the model of restorative justice.
Salud mental, adaptación a la vida civil de las personas reincorporadas y reconciliación: un análisis sistemático a la implementación del acuerdo final
(Universidad Santo Tomás, 2025-08-11) Díaz Narváez , Karolina; Porras Moreno, Jeisson Fabián
This article is a research contribution from the Master's Degree in Reconciliation and Human Rights at the Santo Tomás University. The general objective of this study was to analyze the dynamics of reincorporation and reconciliation into civilian life of ex-combatants, the public policies that frame this social phenomenon and access to health from a psychological and mental health approach. starting from a biopsychosocial perspective. Methodologically, it is an academic exercise of descriptive scope with a qualitative approach, where the collection of information was established through the documented review. The author's perspective is contrasted with studies such as Theoretical Contributions, on the reincorporation, reintegration and reintegration of FARC-EP ex-combatants in the last 10 years, the postulates of the Agency for Reincorporation and Normalization. Specifically those established in CONPES Document 3931 and Garmezy's theory of resilience. Within the conclusions and findings of this research, it is highlighted that the scaffolding of the reincorporation and reconciliation process is a joint exercise between the subject (ex-combatant), family and state, where each actor contributes as a functional tool that articulates the social dynamics. and legislative.
El debido proceso como un derecho humano y fundamental que garantiza el acceso a la administración de justicia en Colombia
(Universidad Santo Tomás, 2025-04-07) Gómez Ustaris, Elber Enrique; Better Gil, Raquel; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001742350; https://scholar.google.es/citations?hl=es&user=gGhjzjIAAAAJ; https://orcid.org/0000-0003-3489-4148
With the present work, we sought to demonstrate that due process is closely related to access to justice, which function as a counterweight to each other. These have been understood in their consideration of rights as well as guiding principles. This developed through qualitative research, through an analytical study of the doctrine and hermeneutics of the jurisprudence of the Inter-American Court of Human Rights and the Colombian Constitutional Court.
Inclusión social de las víctimas del desplazamiento forzado en Colombia: un requisito para la reconciliación
(Universidad Santo Tomás, 2024-06-26) Villarreal Pava, Juan; Paredes Téllez, Avelino
The purpose of this research article is to carry out a study on concepts such as social inclusion and exclusion that allows us to propose a series of strategies that promote the inclusion of victims of forced displacement within the framework of the internal armed conflict in Colombia, as a form to contribute to national reconciliation. From a qualitative approach with a descriptive perspective, this research article will, first of all, analyze exclusion from different approaches to contribute to inclusion. The study will start from the most general, then this component will be studied in the face of public policies, the social and economic, and thus descend to the vulnerability and difficulty in accessing rights, basic services, formal jobs, decent conditions and their causes.
Análisis práctico de satisfacción de las indemnizaciones a las víctimas de Mampuján por los hechos sucedidos en mayo de 2000
(Universidad Santo Tomás, 2024-06-04) Gómez Jiménez, Reynaldo; Sarmiento Mogollón, Roberto; Mejía García, Glendy Johanna
The research article seeks to expose the level of satisfaction of the victims of Mampuján in relation to the sentence of the Superior Court of Bogotá Justice and Peace Chamber as part of the integral reparation from the collective and individual point of view and what has been executed by the State and the different institutions to date. According to the information obtained from the victims, a common denominator was found, which is the perception of non-compliance in the integral reparation, due to the delay in being recognized as victims and because although works have been executed, they are unfinished.
Visión del Territorio por el Pueblo Arhuaco, Resguardo Jimaín, y sus Correspondientes Implicaciones de Cara a los Artículos 13 y 14 del Convenio 169 de la OIT.
(Universidad Santo Tomás, 2024-01-25) Moya Pino, Danny Jhoana; Villegas Roldan, Diana Lucia; Rodas Velasquez, Javier Antonio; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002075583; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000105879; https://orcid.org/0000-0002-6507-9405
This research presents a point of view regarding the vision that some members of the Arhuaco People have of their territory, specifically in the Jimaín reservation; and incidentally verify compliance with what is stated in articles 13 and 14 of Part II. Lands, of ILO Convention 169. In this sense, to consolidate the information from our research, we had the following tools that allowed us to advance in our mission: firstly, we participated in the Intercultural Dialogues Diploma, and in its different activities, likewise interviews were conducted with the leaders, Saúl Tobías Mindiola Romo, member of the Arhuaco People and Councilor of the Municipality of Pueblo Bello (César), Herbert Zapata Izquierdo, who is part of the support team of the authorities regarding the territorial issue, of the Jimaín reservation, and Gwaiawingumo Chaparro Torres, member of the Arhuaco people. With these aforementioned elements, the vision that these leaders have about their territory, their problems regarding its protection, taking into account articles 13 and 14 of ILO Convention 169 and their rights as an indigenous community, will also be built. We will identify the normative and jurisprudential framework to explain the concepts, characteristics, implications, problems, regarding the indigenous territory
El daño moral y el daño psicológico: categorías conceptuales autónomas ante la reparación judicial a víctimas
(Universidad Santo Tomás, 2023-06-26) Sánchez Bobadilla, Lizzette Alejandra; Pabón Álvarez, Oscar Joffret; Benavides Mendoza, Gissette Carolina
In this paper, the criteria are based on which moral damage and psychological damage can be considered autonomous and independent conceptual categories in the context of judicial and comprehensive reparation for victims. For this purpose, the conceptual and pragmatic elements of moral damage are operationalized, the conceptual and pragmatic elements of psychological damage are specified, the concepts of moral damage and psychological damage are differentiated, in the context of judicial reparation for victims, and it is conceptualized the divergence in the determination of psychological damage and moral damage, in the process of comprehensive reparation for victims in Colombia.
Indemnización administrativa para las víctimas de desplazamiento forzado: una mirada desde la legislación colombiana y la Corte Interamericana de Derechos Humanos
(Universidad Santo Tomás, 2023-02-15) Gómez Villalba, Mónica Lizette; Orozco Henao, Luz Doriana; Archila Antolínez, María Elsa
Contemporary approaches to reparation for victims of armed conflicts revolve around the concept of comprehensiveness, that is, giving victims not only material compensation, but also recognition, a request for forgiveness, justice, in other words, it is about putting the victim in the situation and conditions in which he/she was prior to the victimization event. In Colombia, comprehensive reparation is far from having a successful application and millions of Colombian victims of the conflict, and in particular of forced displacement, are still waiting for it, this work has analyzed administrative compensation in particular with the purpose of establishing its coherence. With the line given by the Inter-American Court, finding that although an effort has been made by the state, it is far from what was proposed by said Court, it was also desired to establish its material contribution in comprehensive reparation, finding that its contribution is minimal and even shameful that the State has only been able to give some compensation to one out of every 10 victims. Finally, this research concluded that its contribution to comprehensive reparation and the inclusion of victims is materially insufficient.
El reclutamiento forzado de niños, niñas, adolescentes y jóvenes en Colombia en el marco del posacuerdo
(Universidad Santo Tomás) Plata Niño, Cesar Mauricio; Plata Santos, Cesar Augusto; Archila Antolinez, Maria Elsa
Armed groups in Colombia have committed the crime of forced recruitment of children, adolescents and young people, which has more than 11,000 victims in the country, even after the signing of the peace agreement in 2016, which means there is persistence in the face of crime. That is why this study is carried out on the basis of the need to review public policy on forced recruitment of minors in Colombia, which carried out a theoretical review in academic databases and official pages, on various dimensions of forced recruitment in Colombia, such as their background international law, the norm, its theoretical delimitation, functional consequences and in order to assess public policy in the field of prevention and reparation of NNAJ victims of this war crime.
Factores de riesgo psicosocial incidentes en NNA (Niños, Niñas y Adolescentes) víctimas del reclutamiento forzado en el Catatumbo
(2022-06-29) Tarazona Claro, Claudia Elena; León Fonseca, Laura Matilde; Benavides Mendoza, Gissette Carolina
This article analyzes the incident psychosocial risk factors in NNA victims of forced recruitment in Catatumbo, how those that allow and give way to minors join the ranks of the various armed groups outside the law that is currently recurrent in the Catatumbo area. Additionally, it explains in a comprehensive and detailed manner each context in which incident psychosocial risk factors are developed in NNA victims of forced recruitment in Catatumbo. Academic texts and the collection of different testimonies of the participating children were used, showing that, in the post-conflict stage, social inequality and poverty continue to be the causes of their vulnerability. The methodology of this article is supported by documentary research based on bibliographic designs; which allows an interpretive and comprehensive paradigm of qualitative studies. Likewise, the benefits of the hermeneutical method were used for the analysis of the categories. Finally, it is concluded that it is imperative to undertake legal, psychosocial actions that support and favor a real transition towards peace and guarantee the construction of a good life project for the mitigation of the phenomenon of forced recruitment of minors in the Catatumbo area.
El arte comunitario en la construcción de paz: experiencia de la Fundación de Artes Empíricas de Villa del Rosario, Norte de Santander
(2017-07-26) Estupiñán Quintero, Deyzis Carolina; Reyes Jaimes, Johana
The empirical arts foundation was born from a personal life project of Mrs. Martha Mora, from Cartagena, mother of two children, poet and victim of the internal armed conflict in the 1990s. In order to overcome her situation as a victim, Martha rethinks her life and is dedicated to the well-being of young people in Colombia. To do this, she identified the artistic talents of her children and the young people in her neighborhood (Buena Vista 2- houses given by the government to victims of the armed conflict in Villa del Rosario, Norte de Santander) and decided to bring them together to teach them arts. Despite not having any academic degree, she began this work 7 years ago through small artistic projects that supported people and social organizations. The process has been positive over time, leaving a mark on the formation of these children who today are young with a clearer approach to life. The various activities carried out by the foundation have not only transformed the lives of the young people that make it up, but have also been replicated in other territories at the national level and have had a great social impact, despite this these experiences have not been systematized. In this sense, this article seeks to publicize the foundation's main experiences in building peace through art. For this, the methodology of systematization of experiences that seeks to collect, organize and analyze the processes given in the foundation will be used. Finally, the main artistic pedagogies and methodologies that contribute to peacebuilding are exposed in order for them to be replicated and valued in the national territory.
El perdón como necesidad de los sobrevivientes del conflicto armado colombiano: diálogos entre Hannah Arendt y las mujeres del documental “Desde diversas orillas”
(2021-07-26) Mateus Saavedra, Sara Yesenia; Ruiz Gutiérrez, Adriana Maria; Universidad Santo Tomás
This article analyzes forgiveness as a “need” of the victims of the Colombian armed conflict, based on the voice of women contained in the documentary video “From various shores” (2012). In addition, the philosophical and political thought of Hannah Arendt (1906-1975) will be considered, who conceives forgiveness as a "need" proper to interaction in community, which enables respect and trust between human beings and allows remedy the acts that caused harm. This article used academic texts and stories from the women that appear in the aforementioned documentary. This investigative exercise has hermeneutics as its paradigm and method, seeking to understand the concept of forgiveness from different approaches and relationships with analogous terms, such as promise, forgetfulness, recognition of guilt, freedom, thought and reconciliation. This paper concludes by noting that forgiveness cannot be generalized (not all victims of the documentary accept this possibility), nor can it be ignored in transitional justice processes, academic debates and socio-political experiences.
Aproximación a la memoria histórica del conflicto armado interno colombiano desde la crónica en Alberto Salcedo Ramos.
(2021-01-26) Sánchez Barreto, Jhon Alexander; Zúñiga Barrios, Miguel Alonso
The following reflection article shows how, from the literature –namely the chronicle genre- the chronicler Alberto Salcedo Ramos portrays the suffering caused to the civil and vulnerable population by the actors of the Colombian Internal Armed Conflict and how this brings us closer to our historical memory. A structured analysis and reflection exercise was carried out on three of his chronicles oriented by categories such as: armed conflict, historical memory and chronicle, based on the qualitative research approach and the application of the hermeneutical research method, using the documentary analysis technique called Specialized Analytical Summary. This article answers the question: is it possible to have an approach to the historical memory of the Colombian internal armed conflict, through the chronicle literary genre, in three texts by the writer Alberto Salcedo Ramos? By contrasting and triangulating the categories with the question that governs this reflection article in Salcedo Ramos’ chronicles plus the texts and contexts mentioned, it is inferred that this literary genre can promote the approach to events related to the armed conflict through the description of the facts and the recovery of the historical, individual or collective memory. In addition, it can be said that there is transversality, unveiling of the truth and the possibility of reconstruction, not only of historical memory, but also of the capacity to understand the hidden truths that fueled the Colombian armed conflict.
La pedagogía para la paz como estrategia para la transformación de imaginarios sociales de violencia en niños y niñas de la región del Catatumbo
(2020-09-09) Durán Ovallos, Eilynn Susana; Andrade Perdomo, Ángela María
This article carries out a documentary study using the hermeneutical method, with the purpose of analyzing the social reality in which the children lives in the midst of the armed conflict in the Catatumbo region, emphasizing the serious effects that this situation generates in the integral development of the childhood and also how the violence appropriates of this reality and influences the ways of perceiving the social world through imaginaries meanings in favor of violence that affects their social construction process and has an impact on the adult of tomorrow. Therefore, from the theory of social constructionism, the text describes the self-creative and transformative capacity of the human being, which allows that in the face of a reality disturbed by the violence that affects the construction of subjectivities and identities of children, could develop changes processes, based on methodologies and strategies proposed from the pedagogy for peace, being a priority their design and implementation that it should be included within the regional agenda in Catatumbo, aimed to work against the effects of the armed conflict on children and move from a violent culture to a culture of peace.
Victima, resiliencia y verdad en el sistema penal. Constructo desde la corte constitucional
(2020-04-03) Archila Antolinez, María; Benavides, Carolina
The Political Constitution of Colombia implies the commitment of the social and democratic State of law, which imposes respect, protection and guarantee the rights of the victims; prevent its violation; protect your rights effectively; guarantee reparation and truth; investigate, prosecute and, where appropriate, punish serious violations of Human Rights. Documentary social research, qualitative type; condenses the main pronouncements of the Constitutional Court, in a context of transitional justice, which recognize victims intervene in the criminal process; have effective judicial protection; receive protective measures; know the truth; that justice be done and the reparation of the damage allowed by resilience, guaranteeing a lasting peace.

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