Retos de la justicia transicional en Colombia: las dificultades estructurales para adelantar procesos efectivos de restitución de tierras en el departamento del Cesar.

Abstract

The geostrategic position of the Cesar department (connection between the Caribbean, the Catatumbo sub-region and the border with Venezuela) has generated different forms of violence throughout the recent history of the country; which, added to a large land tenure structure and articulated to monoculture and mega-mining models, have strengthened the struggles for territory in this region of the country. Multiple factors account for strong dynamics of dispossession and expropriation, which has been reflected in various claim processes presented before the institutionality created by the State from Law 1448 of 2011, with a negative balance in the responses given by the state. The presentation presents the result of an investigative exercise on the analysis of the various forms of violence, bureaucratization and difficulties of the communities in accessing the full guarantee of their restitution rights, based on a conceptual debate on the factual possibilities of implementation of transitional justice mechanisms in contexts where there is not yet an effective transition to peace settings.