Memoria, autodeterminación, identidad y construcción de paz: Reconocimiento y regulación del derecho fundamental a la memoria en Colombia

Abstract

Memory is a human and counterhegemonic right in the light of social movements and is present in legal pluralism, it is a guarantee and measure of symbolic reparation undervalued in Colombia, which is projected in different scenarios as part of the truth or reparation of the communities, which has not been regulated despite the context of transition that the country has and considering that to achieve the rights to truth, justice, reparation and guarantees of non-repetition, it needs to be protected through the creation of public policies and state investment that recognizes it as a fundamental right of the communities and not only as a form of reparation for victims. In Colombia, it is necessary to recognize and deepen the integrality of the memory of the communities from its three individual, collective and historical dimensions, taking into account the massive violations of human rights, being an intrinsic requirement for the transition, such is the example of the dictatorships of the southern cone and the world wars in Europe. Landing on memory in light of international standards and their role in transition processes in which conflicts do not have homogeneous patterns and respond to convergent and different dynamics, this research emphasized the social, local and legal context of the indigenous communities in the department of Nariño, as a proposal that can be implemented or studied in different research scenarios in transitional processes and memory reconstruction taking into account access to the sample obtained. This proposal seeks to generate a reflection on the incidence and importance of memory to those who have historically been transgressed in their rights, integrality, good living and constitutional actions have been aligned towards their protection and physical and cultural survival; However, memory has been made invisible in its regulation and protection by the Colombian state; Therefore, constitutional recognition and legal regulation are required to be enforceable within Colombian justice, within the different processes that involve comprehensive reparation, truth and non-repetition. In this context, it is imperative to address the specific cases of the indigenous communities in Nariño taking into account their right to self-determination, where memory is established as a fundamental right through the intrinsic recognition of legal pluralism. This recognition is reflected in various instruments, such as life plans, where memory is manifested as an essential component of the resistance, resilience and cultural survival of the people of Nariño. This research project proposes to carry out a field study in the non-associated reservations of the Awá People (Magui) and in the Pastos Villages of the municipality of Cumbal through the victims' table. In this sense, the project seeks to analyze the relevance of memory as a counter-hegemonic right that is directly related to the right to self-determination of peoples and which requires regulation in order to be demanded in the legal field through a law. statutory; An example of this is the life plans of the indigenous communities of the Cumbal reservation, focusing on the reconstruction of historical and collective memory through the perspective of the table of victims of indigenous communities in the municipality of Cumbal (Pueblos Pastos). The objective is to investigate the victimizing events and the resilience processes experienced in the territory, recognizing memory in its individual, collective and historical dimensions in the period between 1993 and 2021. Likewise, a detailed analysis of the case of the non-associated reservations of the Awá People will be carried out, considering the mandates of their life plan as crucial elements in the initiatives of resistance and symbolic reparation as collective subjects. This research project culminates in the formulation of a bill aimed at regulating the right to memory in Colombia. This regulation will address the three essential spheres of memory: individual, collective and cultural. The relevance of this approach lies in the need to align with national transitional justice processes, thus seeking to effectively contribute to the construction of peace, reconciliation and the prevention of the repetition of persistent structural violence in the Colombian case and that can be implemented or referenced in other countries. In conclusion, memory, understood as the right to remember freely, construct, transform and deconstruct from individuality, collectivity and pluralism, stands as the fundamental pillar of this research project, which aspires to positively impact the construction of the path to peace for Colombia and the reconstruction of the social fabric.