The Challenges of Implementing Special Sanctions (Sanciones Propias) in Colombia and Providing Retribution, Reparation, Participation and Reincorporation

Abstract

The 2016 Final Peace Agreement between the Colombian State and the Revolutionary Armed Forces of Colombia-People's Army (FARC) envisages an innovative approach to victims' reparations from perpetrators including NSAG through special sanctions (sanciones propias). They are forms of lenient punishment consisting of effective restrictions of liberty to carry out works or activities, such as developing infrastructure, conditioned on the satisfaction of the rights of the victims, particularly reparation. This retributive and reparatory dimension of special sanctions is also linked to reincorporation of ex-combatants. While ambitious and creative, this approach is not immune from normative and practical implementation challenges that could jeopardize its effectiveness and potential. This article critically delves into eight challenges exploring key issues that are of theoretical and practical relevance for Colombia but also for the Transitional Justice field. It sheds light on potential solutions to these challenges but also notes how an incredibly complex system, like the Colombian one, faces major implementation challenges, something that other transitional justice experiences worldwide should learn as feasibility, without sacrificing victims' rights, should be a key guiding principle of transitional justice efforts.