Here's a guest blog from LAWG colleague Adam Isacson at the Center for International Policy on the debate surrounding Colombia's victims' law. Colombia needs a strong, fair law on victims rights and meaningful reparations.
Link to original blog post: http://www.cipcol.org/?p=763.
Here is a helpful English overview of Colombia’s Victims’ Law, which
will go into its final debate in the country’s House of Representatives
next month. It was prepared by the bill’s principal sponsor, Liberal
Party Senator Juan Fernando Cristo.
Sen. Cristo is alarmed that
- as the document explains - the Colombian government has moved to
weaken key sections of the legislation. If the Uribe administration
gets its way, victims of the state security forces - including
relatives of people “extrajudicially executed” by the Colombian Army in
recent years - would have no access to a special procedure to speed
reparations for victims.
Sen. Cristo and the bill’s other
proponents want the international community to register their support
for the legislation in its original form, as Colombia’s Senate approved
it last June. The summary follows. Please share it.
Colombia’s Victims’ Rights Act
Since
the 1960s, the South American nation of Colombia has been embroiled in
a complex armed conflict involving leftist guerrilla groups, right-wing
paramilitaries, and narcotrafficking organizations. In a country of 45
million people, the violence has killed many tens of thousands, forced
more than 4 million into internal displacement, and led to the theft of
as many as 17 million acres of land. In many parts of the country, the
conflict is little more than a cycle of victimization, grievance and
revenge that feeds on itself, making a final resolution of the violence
ever more difficult.
Breaking this cycle requires a Colombian
government policy to provide truth, reparations and restitution to the
conflict’s victims. A group of members of Colombia’s Congress is
sponsoring a Victims’ Rights Act that would provide a legal framework
for such a policy.
It would be the first “victims’ law” that
Colombia has ever had, after decades of amnesty laws and sentence
reductions that have sought to induce victimizers to demobilize,
without any consideration of victims’ rights.
What is the “Victims’ Law”?
- A bill presented in Colombia’s Congress in October 2007 by an important group of senators.
- It
would benefit all Colombians who, during the past 40 years of armed
conflict, have suffered damage or injury that caused, whether
temporarily or permanently, collectively or individually: Death or disappearance; Physical disability; Psychological harm; Emotional suffering; Financial loss; Denial of fundamental rights; or Violations of international human rights norms or serious international humanitarian law violations.
- Benefits
would be made available without regard to the identity of the
victimizer (guerrillas, paramilitaries, or Colombia’s state).
- Benefits would also apply to victims’ relatives, spouses, permanent companions or same-sex partners.
Who supports it?
- The bill was supported in Colombia’s Senate by all parties and political movements.
- It has received public backing from: National and international human rights organizations; Victims’ organizations; Agencies
in the Colombian state charged with protecting and promoting human
rights, like the Inspector-General (Procuraduría) and Ombudsman
(Defensoría del Pueblo); The Catholic church in Colombia; and International organizations like the UN High Commissioner for Human Rights and the OAS Inter-American Human Rights Commission.
- USAID’s
MIDAS program (”More Investment for Sustainable Alternative
Development”) had worked arduously to elaborate a proposal to return
stolen land to victims through administrative procedures. The Victims’
Rights Act incorporates much of this proposal, which would provide a
quick and effective solution to the main challenge to providing
reparations: the return of stolen assets.
- The UN system supported
the bill’s development, including funding a series of consultations in
nine regions of Colombia with more than 4,000 victims, who gave
testimony about their tragedies and made concrete proposals about how
the bill would benefit them.
Why does it deserve support?
- It
is a universal law. All victims, without discrimination, would benefit,
whether they be victims of the paramilitaries, the guerrillas, or state
agents. With no additional burdens, and without regard to the
victimizer’s identity. Victims would need only to accredit themselves
through an easy process that presumes their good faith. They would face
no deadlines for making their request, because the conflict is still
ongoing.
- The bill views reparation as holistic and complete, not
just an economic payment of damages. It also includes other measures
like restitution, rehabilitation, and guarantees of non-repetition.
- The
bill views reparation as separate from the economic, social and
cultural rights applicable to all citizens. While Colombia’s state is
expected to help all citizens, particularly the poor, to improve their
lives, victims’ right to reparations goes beyond standard government
assistance.
- The bill creates mechanisms for the rapid return of
stolen assets to affected populations. One of these is a reversal of
the burden of proof: victims would not have to prove that their lands
were usurped. Instead, holders of disputed land titles would have to
demonstrate that they acquired them legally. Another proposal is the
creation of zones of priority attention, geographical regions where
victims of forced displacement would receive urgent assistance to
recover their assets through an administrative mechanism.
- To speed
restitution, the bill would strengthen the Reparations Fund, which was
created by the 2005 Justice and Peace Law, by making it the recipient
of all proceeds from the sale of assets seized from narcotraffickers.
- The
bill would create a Land Truth Commission, which would investigate the
most serious episodes of forced displacement and land theft, document
their patterns and dynamics, issue technical recommendations to
government agencies, and create and protect archives and databases
about what its investigations uncover.
- The bill would create a
Historical Memory Center with a museum, a general archive of the
conflict, medals and recognitions for victims and their relatives, and
the promulgation of a National Day of Solidarity with Victims.
- The
bill would reorganize state agencies charged with providing attention
and reparations to victims, by designing a National System of
Integrated Aid, Assistance and Attention, and another for Reparations.
This would avoid duplication of functions, while improving the quality
of attention to victims, the clarity of information provided to them,
and oversight of state agencies. It would ensure that victims know the
route they must take, both geographically and within the government, to
achieve resolution. It would include training of government officials
with responsibility for providing victims with social, psychological
and legal assistance. These two systems would have an operational plan
including the restitution of family life, employment, freedom and
dignity, as well as voluntary, safe and dignified return to places of
origin.
- The bill contemplates sanctions for officials who place
obstacles in the way of, or otherwise delay, the procedures by which
victims seek reparations.
- The bill contemplates providing a
differentiated focus for victims who are women, children, elderly,
homosexual, Afro-Colombian or indigenous.
- The bill would create a
monitoring commission to provide oversight of the law’s execution. This
commission would be made up of representatives of the executive branch,
state oversight agencies, and non-governmental organizations.
Legislative background
The
Colombian Senate approved the Victims’ Rights Act described here, with
the support of both pro-government and opposition parties, in June
2008. It then passed to the House of Representatives where, during its
third debate in November 2008, it suddenly encountered government
opposition to some of its central provisions.
The Álvaro Uribe
administration, and the pro-government legislative majority, objected
to the inclusion of victims who had suffered at the hands of the state
security forces. They argued that doing so would place the government
on equal moral footing with Colombia’s illegal armed groups, which
would harm the armed forces’ morale. Colombia’s executive branch also
rejected provisions in the law recognizing the government’s
responsibility to guarantee victims’ permanent right to reparations,
establishing the presumption of the victim’s good faith, and
interpreting state jurisdictional questions in the victim’s favor. The
three latter principles had been promoted by the United Nations.
Discriminating
among victims according to their victimizer, however, would contravene
international standards for reparation and restitution of victims. In
Colombia, it would mean that victims of the security forces would have
to seek redress through the regular justice system, which moves so
slowly that cases are routinely not resolved for ten years, if at all.
While direct victims of the state are a small minority of the
conflict’s total number of victims, many have very urgent claims. They
include the relatives of hundreds of civilians whose bodies have
appeared throughout Colombia over the past few years. These victims,
according to widespread allegations and dozens of criminal cases and
firings of officers, were killed by members of Colombia’s Army seeking
to present them as illegal armed-group members killed in combat.
The
Victims’ Rights Act will be debated a fourth and final time in April
2009, and will then go to a vote and reconciliation between Colombia’s
House and Senate. Before then, it is important that the international
community accompany the Colombian conflict’s victims by supporting a
legal framework that provides restitution and reparations to all of the
conflict’s victims, without regard to the identity of the victimizer,
in accordance with international standards defined by the United
Nations.
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