A/HRC/13/72
remain isolated and limited. The Trust Fund for victims provided for in Law 975 (2005)
(which is meant to receive cash and properties from perpetrators admitted in the procedures
provided by the Law), has not received expected resources.27 In this respect, proceedings
for the confiscation of property rights (extinción de dominio) should be expedited and
property in the hands of paramilitary proxies should be reverted to legitimate owners.
85.
A key opportunity was lost when Congress failed to adopt a victims’ law in June
2009. Such a law that is consistent with international standards remains a desirable addition
to the transitional justice framework for Colombia. It could fill the gaps in the judicial and
administrative reparation processes, incorporate mechanisms for restitution of goods and
property, including lands transferred to third parties or proxies, and provide for reparations
for violations of social, economic, and cultural rights, with differentiated attention
according to age, ethnicity and gender.
M.
Poverty and economic, social and cultural rights
86.
Poverty and extreme poverty, inequality and the internal armed conflict continue to
restrict enjoyment of economic, social and cultural rights. It remains an imperative for the
Government to fight poverty and to reduce the significant gaps between the rich and the
poor. Poverty reduction strategies and policies must seek a fair distribution of the benefits
of social development for all.
87.
The Mission to Link Employment, Poverty and Inequality Surveys (MESEP)
revealed that overall poverty levels have reached 46 per cent of the population and are even
higher in rural areas (65.2 per cent). Extreme poverty has reached a national average of
17.8 per cent, but it is almost double in rural areas (32.6 per cent).28 Disparities are also
found in other social indicators, such as illiteracy rates.29 Enjoyment of the right to health is
also more restricted in rural areas, because of, inter alia, physical obstacles to access to
services, lack of infrastructure and information, and the impact of the internal armed
conflict. Profound socio-economic disparities can be detected between departments.30 The
data on the Millennium Development Goals, disaggregated by region, show that while
some departments have achieved their proposed objectives, others are lagging far behind.
88.
In the framework of the Millennium Development Goals, some areas require
particular attention by decision-makers. Gender equality, environmental sustainability and
housing are among the areas that have received fewer resources in departmental
development plans.31
89.
There are an estimated 4.3 million undernourished persons in Colombia, equivalent
to 10 per cent of the total population.32 As a result of the internal armed conflict, activities
to obtain traditional sources of food, such as fishing and hunting, have been interrupted or
27
28
29
30
31
32
GE.10-11819
By December 2009, funds amounted to approximately Col$ 27 billion (US$ 14 million), while the
2009 budgeted amount under Decree 1290 was approximately Col$ 200 billion (US$ 100 million).
Phase 1, MESEP Labour Market, Poverty and Inequality (2002–2008), executive summary,
November 2009.
In rural areas, it reaches 14.8 per cent, while the national average is 6.9 per cent (Quality of Life
Survey 2008, Departamento Administrativo Nacional de Estadísticas (DANE)).
The Human Development Index for Bogota is 84.3; it is 67.4 for Chocó and 72.2 for Caquetá
(National University of Colombia).
“The Contribution of Departmental Development Plans to Achievement of the Millennium
Development Goals”, Colombia Líder, October 2009.
Food and Agriculture Organization of the United Nations/World Food Programme, The State of Food
Insecurity in the World (Rome, 2009).
17
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