[1] Between left and right-winged armed forces, paramilitary and/or guerrilla, and an often corrupt government, it has been difficult for Colombia to set up any kind of truth or reconciliation commission.
[3] The works of both of these institutions have led to a few semi-official national committees to oversee truth seeking missions in the hopes of eventually achieving reparation.
In 2012, the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) began their fourth attempt to negotiate an end to the fighting.
Peace talks between the Colombian government of Juan Manuel Santos and the FARC, the main guerrilla force in the country, are currently underway in Havana, Cuba.
The main issues are land redistribution, integration of the FARC into the political arena and an end to the powerful cocaine cartels.
"[1] The Colombian conflict revolves around the desire to control the following: population, land, natural resources, political power, and drug markets.
[7] Under the administration of President Gaviria (1990–1994), peace agreements were concluded with four armed insurgent movements comprising approximately 3,500 combatants.
Its initial mission was to strengthen of the Government's capacity to care for the victims of violence, using the resources of the Social Solidarity and Emergency Fund (23 million US$), strengthening the judicial machinery and financial capacity of the office of the attorney general in order to better protect witnesses and victims and the promotion of mechanisms for safeguarding fundamental rights.
[9] President Samper, elected in 1994, appointed a High Commissioner for Peace with the mandate to explore possibilities and formulate proposals for a negotiated solution of the armed conflict in Colombia.
[10] The insecurity of human rights defenders has gotten worse since the beginning of 2009, possibly because of the side-effect of the Defense and Democratic Security policy of 2002 (see following section of the same name).
They were being threatened for not ruling in the ‘right’ person's favor during what came to be called the para-politics cases in 2009, following the ‘official’ demobilization of the paramilitary forces.
In 2008, the Ministry of Defense sought to integrate the Human Rights and International Humanitarian Law (HRIHL) into the planning of military affairs.
Under the government of President Álvaro Uribe, this long-term policy was enforced in the interest of reinforcing the rule of law by encouraging democratic authority and getting the population more involved in public issues.
[10] On the other hand, by getting the population more involved, it has also encouraged people maintaining their own security, and leading to the stigmatization of human rights workers, journalists etc.
[10] Given that the institution of national intelligence has often been accused of obtaining information through illegal means, this law is a huge step forward in the country's cleansing of corrupt officials.
[12] It is important to note that this law came about after the prosecution of many DAS directors and officials that were in power between 2002 and 2008; years in which there are many reports of them violating human rights in various ways.
[13] For the first time, even the victims of government security forces and police authorities are protected and encouraged to contribute to the historical retelling.
In addition, the Law 1448 of 2011 creates a Museum of Memory which "must perform actions aimed at restoring the dignity of victims and to disseminate the truth about what happened".
[10] In 2012, Colombia's president, Juan Manuel Santos (2010-2018) met with members of FARC in Havana, Cuba, in order to discuss peace.
The peace talks were formally installed in Oslo, Norway, in October, but then moved to their permanent location in Havana in November.
The peace process is said to have started soon after Santos’ rise to power, but it must also be said that it was possible in large part because of the FARC's string of defeats since 2008.
[17] This was stated as the main reason for the beginning of the conflict and Colombia's government is seeking peace by addressing the original problem.
The illegally obtained land would be distributed to the displaced, the landless and farmers would receive loans, varied assistance and protection both legal and political.
They thought to hold it alongside the congressional or presidential elections of the following year, but FARC was so opposed to this idea that they closed negotiations and called for a pause in talks.
The government and FARC signed historic agreements on the end of the conflict including a cessation of hostilities and surrender of weapons during a ceremony in Havana.
[23] Among these agreements; which included comprehensive rural development, political participation, and an end to drug trafficking; was the creation of a truth commission, the Special Jurisdiction for Peace.
The Truth Commission was to be composed of 11 members, chosen by the selection mechanism for the Special Jurisdiction for Peace and was supposed to work for three years, following a six months preparation period.