El reto de la reparación integral en un contexto de continúo conflicto: caso del pueblo indígena nasa del cauca - Colombia

Abstract

This article arises from the research Project “Following to the equity component to the judgments of the Interamerican Court of Human Rights against Colombia”. This research was done by the faculties of Law, Sociology and Psychology of the Santo Tomas University during the years 2011 and 2012. Therefore the main idea is taken the development of the German Escue Zapata’s case versus Colombia, in order to make an analysis on the implementation of the right to full compensation for NASA indigenous people located in the Cauca Department. For this reason in the first part of the article develops the national and international legal framework contrasted with the right of indigenous repair and with the explanation of the social conflict from different acces that develops since the 80’s decade until the actuality in the Cauca Department. Finally, the article analyses the compliance of the judgment of German Escue’s case in order to evidence the actions of the Colombian State for the fulfillment of this right.