Mecanismos de justicia transicional adecuados culturalmente como herramientas para garantizar los derechos de carácter fundamental del pueblo indígena Wiwa de la Sierra Nevada de Santa Marta en el contexto de la justicia étnica

Abstract

This thesis focuses on the study and description of social and legal issues that arise in the Wiwa indigenous people of the Sierra Nevada de Santa Marta - Colombia, by adopting mechanisms with a differential approach in the framework of transitional justice against the rights of indigenous peoples, in this sense this project will be in charge of corroborating the obstacles that arise in the implementation of judicial and non-judicial mechanisms in relation to the general state obligations and the additional burdens that arise from the specificity of indigenous peoples, so that it will be possible to establish parameters of transitional justice in an intercultural dialogue. In accordance with the above, this research will be developed in 3 chapters, the first related to the theoretical tools that support the obligations and rights of indigenous peoples, the second chapter will point out the different models of transitional justice against the current transitional scheme applied from a differential perspective for indigenous peoples in Colombia as victims of the non-international armed conflict, the third chapter will address the peculiarities of the Wiwa indigenous people of the Sierra Nevada de Santa Marta and the obstacles that are represented by the implementation of transitional justice and finally propose theoretical points of compatibility between traditional justice, transitional justice and ethnic justice, thus ending with some general conclusions.