Transitional Justice and The Role of Legitimacy in Informal Institutional Change

Published July 20, 2020 Aaron Alfredo Acosta Dr Nelson Camilo Sanchez
Livelihood, Land and Rights Colombia

In a nuanced exploration of transitional justice in Colombia, this blog scrutinises the country’s struggles with land restitution. Enacted in 2011, Colombia’s Law 1448 promised to redress historical injustices and human rights abuses, targeting the restitution of dispossessed and abandoned lands. Yet, the Land Restitution Unit (URT) has been marred by an overwhelming legitimacy crisis. Astonishingly, 65% of land restitution applications have been denied, raising alarming questions about the Unit’s efficacy and transparency. The blog delves into the complex interplay between formal and informal institutions, arguing that the URT’s failure can’t be viewed in isolation. It is entangled in a web of existing institutional environments and societal expectations. Highlighting the critical role of legitimacy, the blog contends that for transitional justice measures to succeed, they must be deeply rooted in the moral and ethical fabric of the society they aim to serve. As Colombia’s Constitutional Court extends the Law’s mandate, the blog calls for urgent reforms to rebuild the crumbling legitimacy of the URT.

  • Colombia’s Law 1448, enacted in 2011, aimed to address historical injustices and human rights abuses related to land dispossession and abandonment.
  • Despite the promises, the Land Restitution Unit (URT) has faced a significant legitimacy crisis, rejecting 65% of land restitution applications received over the past nine years.
  • Lack of transparency in the decision-making process and high rate of denials have damaged the URT’s credibility, leading to questions about its effectiveness and legitimacy.
  • The transitional justice measures, including land restitution, are not implemented in a vacuum; they interact with existing formal and informal institutions.
  • Legitimacy is crucial for the success of transitional justice measures. It is primarily concerned with conforming to the society’s moral principles or sense of what is right.
  • An “implementation gap” exists between the well-intentioned reforms and their actual outcomes, leading victims to lose trust and revert to informal channels for addressing their grievances.
  • The blog suggests that future success of the land restitution program hinges on the ability to navigate through a complex landscape of formal and informal institutions and societal expectations.
  • The Constitutional Court has extended the Law’s mandate for another 10 years, offering an opportunity for urgent reforms to restore the URT’s legitimacy.
  • Focus on Informal Institutions: The blog recommends including a focus on the role of informal institutions in transitional justice processes, suggesting that understanding these can help in restructuring incentives for better outcomes.
  • Increase Transparency: One of the major criticisms of the URT is its lack of transparency, especially regarding why applications are denied. The blog calls for increasing transparency in the decision-making process to bolster legitimacy.
  • Judicial Review of Rejected Applications: The blog proposes that land restitution judges should be allowed to review applications that the URT has rejected, providing a check on the URT’s decisions and potentially improving its legitimacy.
  • Prioritise Reforms Amid Covid-19: The blog warns against reducing the priority of these crucial reforms, even in the face of ongoing challenges like the COVID-19 pandemic. It calls for swift action to prevent the land restitution process from becoming another failed programme.
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Aaron Alfredo Acosta Dr Nelson Camilo Sanchez

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