The counter-majoritarian nature of the fundamental right to peace. The plebiscite and the implementation of the Final Agreement for the termination of the conflict and the construction of peace in Colombia

Abstract

In Colombia, it is formally recognized that fundamental rights have higher normative roots. In the case of the 2016 Peace Agreement, signed between the Government and the current political party Fuerza Alternativa Revolucionaria del Común FARC, the mechanism adopted for its endorsement was the plebiscite. This research article argues that the Final Agreement, due to its binding political-legal nature, as it has an impact on the materialization of the fundamental right to peace, should not have been submitted to consultation of the majorities through the plebiscite of October 2, 2016. Methodologically, what was affirmed in judgment C 379 of 2016 is discussed in two senses. First, in the Final Agreement fundamental rights are developed that must be safeguarded; and second, the implementation or not of the Final Agreement impacts on the materialization of the constitutional mandate of the Colombian State to guarantee peace and its enjoyment as a fundamental right. It is concluded that it is constitutionally inadmissible to submit the materialization of the Final Agreement, which embodies the constitutional mandate of the State to guarantee the fundamental right to peace, to the fickle will of the people.