State Crime and Civil Activism by Green Penny;Ward Tony;

Author:Green, Penny;Ward, Tony;
Language: eng
Format: epub, pdf
Publisher: Taylor & Francis (CAM)
Published: 2019-04-15T00:00:00+00:00

Knowingly or otherwise, Enrique relied on the spirit of Article 18 of the 1991 Colombian Constitution guaranteeing freedom of conscience. The Constitutional Court has also interpreted Article 18 as implying a right to conscientious objection (Corte Constitucional 2009). The state relied on part of Article 216, ‘All Colombian citizens are obliged to take up arms when public need mandates it in order to defend national independence and the public institutions’. Some years after the attempt to recruit Enrique, the Constitutional Court came down in favour of his position: Article 18 will trump 216 if the objections are considered ‘deep, fixed, and sincere’ (ibid., headnote and para. 5.2.6).

Thus the Peace Community uses a sophisticated mosaic of international, constitutional, domestic, informal and ethical norms to create the legal framework for a (precariously) peaceful continuation of the campesino way of life – an impressive example of subaltern cosmopolitanism in action.

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