COMMUNITY JUSTICE IN COLOMBIA
Community justice is a figure that is drawn on legal practices conc r etas, decision is r, r ogen het and r Particle is that pe r Miten the r ep r oduction of the life in society. For what same could p r eguntarse what it that makes of its diversity a whole. A first r esponse may be the fact of being on the outside of the state echo r . No But today administration of justice tends to incorporate models of justice community located in the f r ontera under character info r evil are assigned.
E l p r PAR TICULAR PURPOSE or is comp r ender dynamics, p OECD r, r is values, conditions and ecognize r its impact Enovid r and positive in the construction of a democracy more equitable and pluralistic.
The devel r ollos in the issue of justice the Community and their contributions in the field of echo alte r r native and legal pluralism are r critical for econceptualización of justice and the r ENEWAL of legal and social practices. Traditionally, however, decisions r sob and judicial policy have underestimated the complexity of this figure, and the research sob r and she anticipates is fragmented or limited to the so-called mechanisms alte r native of r esolution of conflict as in vogue in the p opposite r r r EFO ma the administration of justice in the r egion. In this context ILSA provides with this num r or d e The r ot or of r echo or n- along with articles that eg Miten r r p ofundizar legal analysis of the phenomenon December or d qu e to places such ra s s experience and d justice.
Sally Merry, r ant opóloga and coding r ector of P r OGRAM Peace and Justice College W ellesley U.S. with his article "A classification of the popular justice" is enters in the R f ontera osa r bor ent e r the of r echo state the or r denamientos and indigenous justice the popu r , to show how this last is a space in dispute, it that explains their tendency to change fo r ma and meaning over time. From an extensive and judicious exposure of different entities r fo r more of justice popular in various parts of the world, says quat r or cultural traditions twentieth century: the r r EFO mista, the ana r conquest, the socialist and the communist each one with its p r opia vision r sob and the contribution of justice the popular to the transformers information r of the society. concludes the author that although the popular justice tends to r r To reinforce the elations of power transformers that r Marla, int r oduce a new ideology of r esolution of conflict based on the nonviolence and opposition to the violence of the echo r, and that is where r ESIDE its ideological power.
scenario analysis registering legal practices and the justices Community the contemporary era what r onduct Edgar A r dila, lawyer and investigator of the Red of Community Justice in Colombia, in his article "Community Justice and contemporary ealidad r . Rationale for public policy analysis." It is increasingly evident eposicionamiento r and r new ent interaction and the principles of State R me market and community that shape the axis of r EGULATION today. This is exp r that in the changes of the administration of justice. In this context, the new map is drawn from the competitive performance or articulated principles and therefore the political stakes arise involving one or ot r or mechanism community justice. So you can r ecognize the principle of state policies that promote community justice mechanisms as a means to strengthen the capacity or r puter the sob State r e the r ealidad social or the principle of me r market, when the axis of the policy is focused in the satisfaction of demand through the promotion of community-based mechanisms that improve r in in quality and diversity the s s offer d e justice to existing ; and s e r and ecognize the beginning or d e d communities and n the s policy s wh e located n s u fire or d e n attention No e the fortalecimient or of e to the institucionalida of p r opium to and e No it s p r ocess s to Utor r egulativos. A particular d r e est and analysis, and r l auto plant to alte r native s to l l pape qu and compliance can r s what mechanisms of justice Community in the transfo r information of the society.
Community For there to be justice there must be justice and that there is community. If any of the two, we face another kind of situation. It will not be justice if they have been managed without mandatory conflicts arising from specific social context. There will be justice if the social community in which you join the management does not consider dynamics of identity and belonging.
Quisbert According Ermo, community justice is a self-managed system, as implemented by the participants themselves rules that apply to them. It is also consensual and not governed by majority rule but by consensus.
Ermo Quisbert What really says is:
Community Justice is an institution of customary law that provides sanctions for the misconduct of individuals without the intervention of the State, its judges and its bureaucracy, but directly within the community of individuals in the natural community authorities make balancing between the two warring parties.
COMMUNITY JUSTICE
| CONCEPT OF COMMUNITY JUSTICE | Community Justice is an expression that defines the mechanisms and treatment concerning conflicts that develop communities to resolve disputes that arise among its members. In Colombia there are countless expressions of this kind of Justice. Natural mediators, indigenous doctors, midwives from black communities, are some of the players who help in resolving conflicts in the community. Most of these figures are little known and ignored its potential as peace builders. However, its existence and importance is unquestionable. |
| ORIGIN | Community Justice Network was born in late 1995 with the to contribute to the development of community mechanisms and treatment of Conflict peaceful. It is conceived as a social dynamic involving stakeholders from different sectors (NGOs, universities, government agencies, communities, among others). The Network develops processes of reflection, research, dissemination, implementation and monitoring of Community Justice experiences. The network involves individuals and organizations interested in bringing their wills, resources, knowledge and efforts in order to contribute to the process of rebuilding the social fabric, through the collective work in the area of \u200b\u200bCommunity Justice. The first promoters of this initiative (9 non-governmental organizations and several individual players), conceived of as a social network, resulting from the absence or disruption of effective actions for justice and peace |
| FIELDS OF WORK OF THE NETWORK OF COMMUNITY JUSTICE IN COLOMBIA | The Network promotes the analysis, research, communication and action in the topic of community justice and conflict management. In the last national meeting proposed the construction of four thematic nodes discussion and action. Following each reference appears nodal location. |
| PROCESS OF PEACE AND JUSTICE COMMUNITY. | La Paz for all Colombians requires some tools for dealing with conflict on many levels of society. What could be the contribution of the Community Justice? |
| JUSTICES OF THE PEACE. | law just Justices to be issued, this figure should be harmonized with the equity conciliation and many other Community Justice. Both for regulation and for its implementation. |
| ethnic justice. | Many indigenous and Afro-Colombian communities have their own instruments for treatment of their disputes. What relationship have with the national legal system? In what sense could be strengthened? What do you teach the whole country? |
| SCHOOL OF JUSTICE COMMUNITY. | The network promotes training in skills, aptitudes and skills for community treatment of conflicts. Both people who have a role in helping to resolve conflicts as a whole community in which they act. Also perform actions seeking the production and reproduction of knowledge on the subject in formal educational settings (universities, research centers ILSA) |
CHARACTERISTICS OF COMMUNITY JUSTICE .
The parties represent themselves, which makes the case of a non-professional and informal, where legal professionals are not involved or uses a specific legal language. State authorities do not participate beyond intervention oriented outstanding balance to the parties in conflict. These, moreover, are not considered as isolated individuals, but in relation to the community and the environment in which the problem arises.
Typically, community justice tends not only worthwhile, but it gives importance to the restoration of balance and repair the damage
THE RELATIONSHIP BETWEEN STATE JUSTICE AND COMMUNITY JUSTICE .
Community justice should not be understood solely from movements that are advancing around the transformation State. Communities are not just a material on which external actors sculpt them. They take at least two routes for the establishment and maintenance of community justice figures. On the one hand, they can develop, with some autonomy, institutions and agencies own management and regulation of conflicts. The other, assume, supply and develop within them, justice figures created by the state to manage a range of conflicts. State-side you can see two types of movements over community justice: first, the recognition of certain figures born in the community and the validation of its dealings with the legal system national. And, on the other, the establishment of certain bodies and procedures by which communities reach valid decisions to the national legal system.
According Edgar Ardila, there are three main forms of community justice:
First output:
community justice is that it is the result of an organization state justice, as justices of the peace in several countries. Although community dynamics are final on the feasibility of this method, such figures are a part of the overall justice of the state. This is evidence that standards and state control mechanisms define precise skills, procedures to derive the figure of justice, minimum procedures for dealing with conflict and, although very loosely, a legal framework for decision making (Santos, 1992, De La Torre, 2005). According to Quisbert Ermo criteria could not be considered a true community justice.
Second mode:
is certain dynamics that develop community justice communities, mainly traditional (including indigenous), to which the State is of the express statutory requirement of a valid status to the national legal system. In such cases, state law is but not recognize them. Consequently, they are the community dynamics, with many different figures do not necessarily recognized in national laws, which define the status of existence and functioning of the figure, and the policy framework for decision making. In this form of justice, the state defines the coordination rules of the judicial branch with them.
Third output:
The third type are those figures of community justice that germinate and grow in traditional communities (such as justice or marginalized or persecuted gypsy (as popular justice in South Africa and not enough recognition or validation by law and state institutions. In such cases, the definition of powers, the implementation of the Administration of Justice figures, methods and procedural mechanisms, as well as the regulatory framework for decisions under the spring community .
CESAR AUGUSTO COGOLLO OLIVO.
300-2522-009
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