Eficacia de la norma de prevención del reclutamiento forzado de menores posterior a la firma del acuerdo de paz

Abstract

This research reviews the effectiveness of Colombian regulations in preventing the recruitment of minors in the post-Final Peace Agreement context. Although there is a robust legal framework at the national and international levels, the practice of recruitment continues in various regions of the country, disproportionately affecting vulnerable communities. The study is based on an analysis of the international normative framework, which encompasses instruments such as the Rome Statute, the ILO Conventions, and the Paris Principles, as well as the national context, led by the 1991 Constitution, the Childhood and Adolescence Code, and public policies such as Conpes 3673 of 2010. These provisions establish the full safeguarding of children, explicitly prohibiting their involvement in armed conflicts. However, an empirical evaluation of official information from the JEP, CNMH, Defensoría del Pueblo, and ICBF shows that, from 2017 to 2024, recruitment practices have been carried out by actors such as FARC dissidents, the ELN, and illegal armed organized groups. The persistence of this phenomenon is linked to structural circumstances: poverty, lack of governance in rural areas, illegal economies, and institutional vulnerability, which hinder the effective implementation of regulations. From a legal perspective, it follows that the effectiveness of norms is not limited to formal compliance but must achieve the social purpose for which they were established: eliminating compulsory recruitment. In this context, although the rules are valid and in force, they have not managed to significantly change social reality. Finally, suggestions are proposed to strengthen public policy, institutional coordination, and international cooperation. A strategic proposal involves considering the establishment of an office of the International Criminal Court in Colombia, with the aim of strengthening investigation, justice, and prosecution capabilities in relation to this crime, which constitutes a severe violation of human rights.