Análisis de la Ley de Víctimas Decreto 1448/2011 y su Implementación en Territorios Étnicos (Pueblo Wounaan en el Chocó)

Abstract

In this document, the public policy on forced displacement and its implementation in the ethnic and collective territories of the Wounaan People in the department of Chocó, with Chocó, is analyzed with the purpose of determining whether this public policy is effective and guarantees the exercise of rights. fundamental rights, of the communities that have been victims of forced displacement, within the framework of the armed conflict and other behaviors that violate human rights. In this sense, the analytical method with a qualitative approach was used. It was found that the application of the victims' law shows gaps in execution and there are complexities in the implementation that impact the structural problems on the reality of the department of Chocó and the ethnic communities; There is evidence of disarticulation of public institutions that respond to the design of the implementation of the victims' law. Because, in recent years, a welfare system of law has been reflected to respond to the unmet basic needs of indigenous communities. and not a design for the implementation of public policies adjusted to the territorial realities and structural needs that for years have shown a historical degree of vulnerability in ethnic territories of the Colombian Pacific. This situation ends up being unsustainable, because Law 1448 of 2011 is not responding to overcoming the unconstitutional state of affairs established by the honorable Constitutional Court in ruling T-025 DE 2004, where it reiterates an extraordinary degree of vulnerability of indigenous communities. but rather to insufficient policies that do not seek effectiveness and efficiency in their implementation among the public institutions in charge of materializing the projections of the victims' law, which reflects the unfeasibility of the implementation of this policy in indigenous communities, since The design is not adjusted to the differential ethnic-territorial approach, as proposed in its application by Decree 4633 of 2011, which was formulated from the indigenous territories in accordance with their needs, worldviews and ancestors. From the above, it is concluded that implementing strategies that help train and strengthen the socioeconomic stabilization capacities of indigenous communities, in accordance with the worldview and the ancestral permanence of their culture, is the most viable.