A/HRC/7/39
page 17
reparation; and to guarantees of non-repetition. It may be that the response to these expectations
will always be relative, but the State has a permanent duty to maintain its willingness to resolve
these problems in the best possible manner.
50. Those victims who aspire to exercise their rights under Law 975/2005 are confronted with
serious and very concrete obstacles, beginning with the danger to their lives and their personal
safety. The National Police has reported 160 cases of death threats against victims claiming their
rights, and the National Commission for Reparation and Reconciliation (CNRR) has recorded
13 murders of people who were pressing claims for the restoration of land and other possessions.
There are still difficulties for the victims who wish to be parties in related court proceedings due
to a lack of clarity regarding the application of some provisions of Law 975/2005. Added to this,
there is limited access to legal counsel and to appropriate representation in court.
51. In September, the Government created the Program of Protection for Victims and
Witnesses under Law 975/2005, but this programme has received criticisms from some of the
main beneficiary sectors. Both the Government and CNRR have recognized the need for
administrative mechanisms for reparation that will overcome the limitations of the existing
judicial mechanisms. At the time of writing, the Government and CNRR were working to set up
a legal framework, which could represent an important initial step forward to fulfil the rights to
truth, justice and guarantees of non-repetition. This is an area of reform and adjustment still
required by the process initiated with Law 975/2005.
2. Displaced persons and isolated communities
52. In 2007, the Office of the United Nations High Commissioner for Refugees published a
comprehensive report on forced displacement in Colombia.39 The figures on forced displacement
in 2007 reveal that incidents were provoked mainly by attacks on the civilian population by
FARC-EP and the ELN, by clashes between these two groups,40 or by clashes between
these groups and law enforcement agencies.41 In Nariño, one of the departments most
affected, displacements were caused by clashes between the guerrillas and the self-styled
Nueva Generación.42 Also, in certain areas displacement was related to the presence of illegal
crops, or to pressure exerted by illegal armed groups, or gangs engaged in the growing of illegal
crops and drug-trafficking, or as the effect of aerial spraying.
39
United Nations High Commissioner for Refugees, office in Colombia, “Balance de la política
pública para la atención integral al desplazamiento forzado en Colombia, enero-abril 2007”,
published August 2007.
40
In Arauca, 253 families were displaced in January, and 132 in April, including 16 families
from the Makaguan ethnic group from the La Esperanza de Tame indigenous reservation.
41
42
In March, displacement of El Charco affected some 5,000 inhabitants.
In May, some 525 people were displaced in the municipality of Cumbitara (Department of
Nariño).
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