La reparación administrativa de las víctimas del conflicto armado en Colombia : un escenario visto a la luz del derecho interno y el proceso de justicia transicional.

Abstract

The reality of the internal armed conflict goes beyond the reach of the Colombian State. Nevertheless, the administration in conjunction with the legislative branch, have made significant efforts to recognize and guarantee the administrative reparation of the victims. During the 90's, a program of assistance, attention and humanitarian aid was started, without specifying the right of reparation of damage, which implies other edges. Now, at the beginning of the second decade of the 21st century, with the issuance of Law 1448 of 2011, it was finally created a statute that incorporates, integrally, logically and systematically, all the compositional elements of the administrative reparation: compensation measures, rehabilitation, settlement, restitution and guarantees of non-repetition. Nonetheless, the shift to transitional justice, strengthened with the signing of the Havana peace agreement, identified the administrative reparation of the victims as a process that implies, on the one hand, the institutional reorganization of the State, and on the other, the radical transformation of Colombian society. However, despite the disagreements of the administrative reparation in Colombia, and after analyzing the German post-war and Argentinean post-dictatorship contexts, it is evident that the rights of victims of armed conflicts, have always been at the mercy of the Judiciary, and that the heading of the Executive is often truncated by the absence of political will, disorder, barely relevant responses and the interest in maintaining certain structures of dominance and hegemony