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.