Deuda histórica del Estado Colombiano: Un análisis crítico al desplazamiento forzado

Abstract

This thesis critically addresses the problem of forced displacement in Colombia, analyzing it as one of the most serious and overlooked phenomena of the internal armed conflict. The study is based on all the legal and historical precedents that have shaped the protection of victims, as well as on the conceptual contributions and definitions of victims and forced displacement developed by International Humanitarian Law, International Human Rights Law, and Colombian legislation. This document critically considers the differentiated impact of displacement on vulnerable populations, including children and adolescents, and also recognizes their specific impacts in terms of uprooting, evident disruptions in life plans, limitations on access to formal education, and greater exposure to various forms of violence. Furthermore, it analyzes the relationship between forced displacement and the intensification of poverty, exclusion, and social marginalization, especially in rural areas. From the perspective of restorative justice, the project will analyze the measures and institutional mechanisms implemented by the Colombian State, such as current regulations that create various restorative and compensatory measures, and the role of government entities, such as the Unit for Comprehensive Care and Reparation for Victims (UARIV). The report will present all efforts aimed at guaranteeing victims' right to truth, justice, comprehensive reparation, and the guarantee of non-repetition.

In conclusion, it is evident that while Colombia has managed to build an advanced regulatory framework for victim protection, enormous challenges remain in terms of effective implementation, particularly in relation to collective reparation, effective access to rights, and reterritorialization, due to a lack of resources and, at times, poor management of existing resources. This report makes recommendations for expanding inter-institutional collaboration, a differentiated approach, and the active participation of victims as subjects of special protection.