Case 05 investigates the territorial situation of northern Cauca and southern Valle del Cauca. The JEP identified 10 members of the Jacobo Arenas and Gabriel Galvis mobile columns of the FARC-EP as the main perpetrators, including one woman. @JEP_Colombia/Twitter.

On March 8, 2023, the truth recognition chamber of the court of Special justice for peace (JEP) charged 10 ex-combatants of the Jacobo Arenas and Gabriel Galvis mobile columns of the FARC-EP with 14 war crimes and crimes against humanity. This following the attacks against the civilian population.

He Case JEP 05 investigated the affectation of 17 municipalities in northern Cauca and southern Valle del Cauca, which systematically affected the cultural identity of peasant, Afro and indigenous populations.

But before the decision, the Gender Litigation Alliance before the Special Jurisdiction for Peace worried, since the exam room did not understand sexual violence, gender-based violence or violence associated with diverse sexual orientation and gender identity; despite calls from victims and social organizations to women and LGBTIQ+ people.

“The Gender Litigation Alliance before the Special Jurisdiction for Peace -JEP- receives with alert and concern the publication of this decision, because it constitutes a setback in the peacebuilding process which seeks to recognize the disproportionate and differentiated forms in which armed conflict affected women and LGBTIQ+ people,” he said in the statement posted on the Caribe Afirmativo organization’s website.

The document explains that the Colombian State is obliged to guarantee a life without violence to women and people from social sectors. LGBTIQ+therefore the give has the obligation to implement differentiated approaches that allow access to justice for these victims of the conflict.

@JEP_Colombia/Twitter.
@JEP_Colombia/Twitter.

The social organizations that make up the alliance maintain that the Chamber ignored this principle, since in the analysis of the 14 war crimes committed by the two structures of FARC, it did not include a transversal analysis with Gender approach.

Consequently, the analysis of “macrocrime” or established patterns was not promoted, nor was the identification of those responsible and the repertoire of violence that were used in the crime. Colombian armed conflict.

Despite the fact that JEP has issued a press release in which it mentions that it will release a car with these characteristics, for the Alliance This is proof of a lack of application of a gender approach.

The call launched by the Alliance calls for an urgent change in the activity developed by the givesince the practice of separating gender-based violence from other patterns and policies implemented by armed actors must not continue in chamber decisions.

“The JEP cannot continue to separate these crimes from the complex analysis of armed conflict because there is a need to generate restorative justice for women and LGBTIQ+ people,” the alliance said.

In contrast, Auto SRVR 103 of 2022 was highlighted, in which the clustering and concentration of macrocase 11 was declared open, the sexual violencereproductive violence and other crimes committed on the basis of prejudice and discrimination of gender, sex, sexual identity and orientation in the context of armed conflict.

He pointed out that macro case 11 “recognizes sexual violence as part of the repertoire of violence used by armed actors in the different patterns of macrocrime”, similar to what happens with case 07, which includes a pattern of victimization in the recruitment of LGBTIQ+ people. Evidence of advances in the gender approach in other cases.

Finally, she indicated that she would continue to work so that all victims could have access to justice, so that cases of violence against women, girls and LGBTIQ+ people is analyzed and their demands heard; the speed required in issuing the order, as well as support from international organizations in the process of give in Colombia.

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