Bargaining with paramilitaries and guerrillas: differences in Colombia's two transitional processes

Analyzing the peace agreements reached by the Colombian State with the paramilitary group Autodefensas Unidas de Colombia (AUC) and with the former guerrilla FARC, now turned into a political party, goes beyond an exercise in historical revisionism. Examining and understanding these agreements is important for three reasons: first, because the negotiation and application of different transitional justice measures have been the mechanisms favored by this country to end its armed conflict; second, because reviewing them transcends the Manichean view and the discourse of some political parties that defend or attack the agreements; and third, because comparing them shows the development and progress of transitional justice in Colombia. The Colombian case shows disparities: there are those who celebrate the demobilization of both groups and others, such as social movements, human rights organizations, and political parties, who consider that granting legal benefits constitute impunity. This article reviews, analyzes and compares the agreements reached between the Colombian State with the AUC (2005) and FARC (2016), considering the national and international contexts of the negotiations, with the aim of identifying the main differences, experiences, and contributions to the study of transitional justice in Colombia. Regarding methodology, the article is qualitative and employs the comparative method of the social sciences. The techniques used are interviews, bibliographic and documentary analysis, which implies a critical selection of books, scientific articles, and news which allowed creating the categories of analysis and obtaining relevant data for each case. Finally, the results show the importance of the political context for the development of transitional justice in Colombia, being 2005 a turning point for its progress and development until today.