A/HRC/16/45/Add.1 The Ombudsman does not sit on that committee but must rely on it to initiate protection measures. Communities expressed a high level of frustration that the CIAT denies the legitimacy of the threats against them. 56. The Ministry of the Interior and Justice undertakes security assessments and determines protection measures based on specific requests from Afro-Colombian and Indigenous leaders, unionists and journalists. The measures include increased military presences, vehicles, bodyguards, relocations, mobile phones and transport subsidies. However, some measures were reportedly imposed without full consultation and were not appropriate to the situation. F. Transitional justice, reparations and restitution 57. Colombia is developing a transitional justice process to provide justice, truth and reparations for victims of violence. Part of the legal framework was established with Law 975 of 2005, known as the “Justice and Peace Law”. This regulates the procedures to be followed with demobilized members of illegal armed groups who are responsible for serious crimes and establishes judicial benefits based on their contribution to justice and reparation. Subsequently, in 2008 the Government adopted Decree 1290 aimed at establishing an administrative programme for reparations. 58. Nevertheless, Afro-Colombians commonly expressed their frustration and anger to the independent expert over a transitional justice process that they feel has failed them. Most do not believe that justice has been served. They believe that the full truth of the past has not been revealed, crimes have led to few prosecutions and the vast majority of those displaced from their lands have received no reparations. Between August 2002 and October 2009, 51,992 persons were individually and collectively demobilized and 3,957 are facing charges under Law 975. By December 2009, 737 voluntary depositions were under way30. By September 2010, only two persons had been sentenced for charges under the Justice and Peace procedures. The main mechanism available to satisfy the right to truth continues to be voluntary depositions under the Justice and Peace Law. 59. Although the State provides some benefits to victims of violence, such as social programmes targeting internally displaced persons, reparations have largely failed to reach the victims. Indeed, Decree 1290 of 2008 only applies to the victims of illegal armed groups and ignores victims of State agents. This legal distinction unfairly reduces the possibility of reparations for thousands. In addition, Decree 1290 has not been allocated the necessary financial resources. By December 2009, of the over 275,000 requests received, resources had been approved for just 10,593 persons31. Afro-Colombians represent a substantial number of victims of forced displacement yet no official records exist with respect to them, either in the context of the administrative programme of reparations or in the framework of the available judicial process. The reparations programme does not provide economic compensation for crimes involving property rights or collective violations of the rights of communities. 60. The Government states that the process of Justice and Peace is creating important if gradual change allowing a return of peace to communities affected by violence. It claims positive results, including that truth is emerging gradually, judicial proceedings against demobilized forces are under way, progress is being made in the compensation of victims, 30 31 14 A/HRC/13/72, footnote 22. A/HRC/13/72, para. 84.

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