Los TOAR dentro de la Jurisdicción especial para la paz: modelo restaurativo y violencias basadas en género.

Abstract

This paper systematizes the experience of a professional practicum carried out at the Procuraduría General de la Nación (PGN), specifically at the office responsible for intervention before the Special Jurisdiction for Peace (JEP), during the 2025-2 and 2026-1 academic terms, in the context of Macrocase 11. Drawing on that situated experience, the paper analyzes the implementation of Restorative Works, Projects, and Activities (TOAR) in the Macrocases that have already reached the sanctioning stage, with the aim of producing critical reflections on their capacity to repair victims of gender-based violence (GBV). The analysis is structured in three chapters. The first reconstructs the normative trajectory of gender and transitional justice in Colombia, tracing how a gender perspective was progressively incorporated into the legal framework from Constitutional Court Auto 092 of 2008 to Interpretive Ruling SENIT 8 of 2025. The second examines the TOAR projects that have begun implementation in Macrocases 01 and 02, identifying a gap between the normative mandate and actual practice: the projects analyzed prioritized territorial and environmental reparation without activating the differential sub-line for GBV victims explicitly provided for within the system. The third incorporates the voices of women's organizations, researchers, and LGBT collectives to reflect on what meaningful reparation for GBV requires, and on the specific challenges Macrocase 11 will face when it reaches its sanctioning phase. The central finding is that acknowledgment of responsibility for GBV conducts faces structural resistance that normative design alone cannot overcome, and that the first TOAR projects implemented have failed to activate the gender-differentiated component the system envisioned. Against this backdrop, the paper argues that reparation in Macrocase 11 requires a comprehensive assessment of harm, genuine victim participation from the design stage onward, and an acknowledgment of responsibility that names the discriminatory and systematic nature of the violence under investigation. The paper closes with three concrete recommendations addressed to the PGN to strengthen its institutional intervention in the process.