Introduction

After more than 50 years of political violence, Colombia confronts the possibility of negotiating the disarmament, demobilization, and reintegration of at least one of its armed actors. Colombians and the international community welcome the possibility of putting an end to the increasingly bloody internal armed conflict and consequently reducing the number of executions, disappearances, kidnappings, and wounded and displaced persons. However, the fact that there are two types of non-state armed actors, guerrillas and paramilitaries, who have committed grave crimes, including human rights violations and crimes of war, and that most of these groups are involved in drug trafficking complicates any resolution to the conflict. The new interplay between domestic and international legal systems and standards also presents interesting challenges.

For two years the Colombian Congress considered different versions of governmental initiatives on differentiated criminal treatment for members of armed groups willing to disarm and demobilize. The first draft introduced by the Uribe administration in October 2003 included elements of punishment, conditional parole, and reparations, but also had a number of shortcomings. Domestic and international actors pressured the government to modify the draft legislation. Congress became dissatisfied with the executive's amended draft and no effort was made to move forward. The executive submitted another draft to Congress in February 2005 after earlier efforts to submit a joint initiative with a group of Congress members failed. By March 2005 eight congressional initiatives, in addition to the executive's draft bill, had been submitted to Congress.