A/HRC/10/32
page 18
64. The adoption by the Government of Decree No. 1290 in April 2008, creating an
administrative reparation programme for victims of illegal armed groups, was a positive step
towards realizing the right to reparation. The Decree does not apply, however, to victims of State
agents and other mechanisms are therefore required to provide benefits to all victims without
distinction.30
65. A bill known as the Victims’ Statute31 is currently under discussion in Congress. It is not
perfect but it may serve to make good some of the gaps and shortcomings in Decree No. 1290.
However, OHCHR Colombia expressed serious concerns that, in the course of legislative
discussions in the First Committee of the House of Representatives, discriminatory provisions
were inserted into the bill. It now excludes certain persons from the reparations programme, for
example future victims, same-sex couples and victims of breaches of international humanitarian
law. In addition, it does not give victims of acts or omissions by State agents direct access to
administrative reparations, thereby setting stricter conditions on access to reparations through the
courts for these victims than those currently in force.32
66. The judiciary, too, has paid special attention to victims’ rights. In various decisions, courts
have upheld, among other things: victims’ right to attend versión libre proceedings under the
Justice and Peace Act; the need to apply the gender perspective when considering protection
mechanisms; the importance of non-monetary reparation; and the view that the provision of
regular social services does not constitute a form of reparation.33
30
In a statement of 27 April 2008, OHCHR Colombia welcomed the Decree and encouraged the
Government to increase its efforts to meet its obligation to provide reparation and remedies to all
victims.
31
Bill No. 044/08 (House) and No. 157/07 (Senate), providing for measures for the protection
of victims. The bill benefited greatly from public, participatory proceedings in Congress, with
nine hearings preceded by workshops that attracted some 5,000 victims. Civil society, the media
and the international community, including the United Nations - notably OHCHR Colombia followed and actively supported these hearings.
32
These discriminatory provisions were included when the First Committee of the House
of Representatives adopted a series of amendments to the bill on 12 November 2008. As
OHCHR Colombia put it in a statement on 18 November 2008, there are essential principles
which a law of this kind cannot ignore, including the obligation to guarantee respect for human
rights to all those under the State’s jurisdiction, the principles of equality and non-discrimination,
and the definition of a victim as someone who has suffered unjust harm, regardless of who
caused it.
33
Examples of these decisions are: Constitutional Court decisions Nos. T-049 of January 2008
and T-496 of June 2008, a decision of the Administrative Chamber of the Council of State of
November 2008 and a Constitutional Court decision of December 2008, unpublished at the time
of writing.
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