A/HRC/16/45/Add.1 concessions on ancestral or collectively titled lands (Law 70, art. 27). Technical and financial assistance from Government ministries, including loans for business development and mine exploitation, should be available as a priority to those exercising their rights of pre-emption. Additionally Government should establish a programme of loan guarantees to encourage private banks to lend to Afro-Colombian communities and individuals wishing to develop agro-businesses, mines and other enterprises. 94. Forced displacement has massively impacted on the lives of Afro-Colombians and has devastated communities. Displacement is a current reality; not simply the legacy of a depleted war. The motivations of the perpetrators have evolved from tactical conflict-related to commercial, related to the acquisition of lands for illegal crops, agricultural megaprojects, economic development and exploitation of natural resources. Displacement continues to affect individuals and communities and remains a major concern of the Afro-Colombian communities. 95. The Government should implement the measures required under Constitutional Court Order 005 of January 2009 as a matter of the highest priority. The administrative process for reparations should be adequately resourced and transformed to effectively meet the needs of the displaced communities. Compensation and humanitarian assistance programmes must be appropriate to the needs of victim communities. Efforts and strategies to prevent further displacement should be intensified and targeted towards the specific situations of Afro-Colombian communities identified to be at risk, in close consultation with those communities. Equally, efforts to facilitate the safe return of Afro-Colombians to their lands must be intensified as a high priority. 96. Dispossession of Afro-Colombian lands is a violation of this people’s fundamental rights that remains unresolved. Implementing the rights of victims to reparations and restitution is a priority to be enforced through the courts and with rigorous implementation of court rulings. Where lands have been unlawfully appropriated by others, environments damaged and livelihoods destroyed, additional and long-term assistance must be provided to communities to help them to rebuild and restore their communities. Furthermore, private companies and public officials who contributed to violent or deceitful land grabbing must be investigated and punished. 97. Afro-Colombians’ right to truth, justice and reparations must be effectively protected within a comprehensive and systematic transitional justice process, which protects Afro-Colombian victims on an equal basis, taking into account their differing circumstances. The package must guarantee the rights of victims to reparations and property restitution for the complete range of crimes suffered by Afro-Colombians individually and collectively perpetrated by both State and non-state actors. Any new laws on reparations and land restitution must comply with relevant Constitutional Court rulings, be consistent with the Pinheiro Principles on Housing and Property Restitution for Refugees and Displaced Persons and take into account the specific needs of Afro-Colombian communities and specifically protect the rights of women in the process. The legislative process should be used as a vehicle for meaningful consultations with all victim communities and include the voices of those communities in the Congressional debates. 98. Concrete and robust measures must be taken to address the underrepresentation of Afro-Colombians in political structures, State institutions and decision-making bodies at all levels. The fact that there are two reserved seats in Congress for Afro-Colombians is positive; however further measures, including in recruitment and training, must be taken to ensure that Afro-Colombians are 21

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