On March 17, WOLA and nine other national and international civil society organizations published a statement calling on the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP)—the 2016 peace accord’s transitional justice tribunal—to open a macro case to investigate sexual violence in the context of Colombia’s internal armed conflict.
According to the organizations, Colombia has an international obligation to act with due diligence to prevent, investigate, and prosecute sexual violence perpetrated by both state and non-state armed actors and to provide reparations to victims. The obligation to document, investigate, and prosecute these crimes, particularly against women and LGBT+ persons, and to adopt a gender-sensitive analysis of major international crimes has taken root and become increasingly ingrained in the culture of international justice.
The peace accord and the norms that regulate the functioning of the JEP incorporate a gender-based focus that see sexual violence as an autonomous crime with no concessions. These obligations, together with the principle of centering victims, commit the JEP to prioritize the rights of all victims of sexual violence. The opening of a national macro case would make visible, in an autonomous and specialized manner, the way in which discrimination affects rights to sexual liberty, integrity, and autonomy of the victims. A macro case is essential to materialize the approach of centralizing victims, which should guide the actions of the JEP.
Given the historical and very high level of impunity for these crimes, along with the low level of acknowledgment by those responsible, the JEP has a responsibility to generate conditions to overcome these barriers and guarantee their rights to truth, justice, and reparation. Civil society and victims have insisted that this is an urgent measure for the satisfaction of victims’ rights, as opening the macro case would improve their situation. The peace accord and the laws that develop it gave the JEP instruments to investigate sexual violence.
March 18, 2022