Diálogos entre justicia local y justicia constitucional para la paz en Colombia. Caso “El control del territorio”, Guardia indígena de Tacueyo, Cauca.

Abstract:

The purpose of this presentation is to highlight relations between local normativity and constitutional evolutions, and in the case of Colombia, how indigenous justice became a source of law for the constitutional order for the peace. Indeed, the 1991’s Constitution integrated the legal pluralism; furthermore, in 2016 stated a transitional justice process to put and end to the internal armed conflict. This socio-juridical panorama allowed that on February 6, 2019, an emblematic trial led by indigenous Nasas authorities took place in Tacueyo, in the North of Cauca. In this trial were judged eight indigenous members of an illegal armed group, for having entering an indigenous territory with weapons. We will analyse transfers and discords between community and constitutional jurisdictions, and how can local practices constitute ways of resistances, in addition of culturally adapted alternatives to institutional mechanisms of transitional justice.