A/HRC/18/23
the sustainability of the programme. Lack of adequate funding has been a serious challenge
in implementing the programme.
37.
Since 2008, OHCHR has advocated for a separate and comprehensive reparations
programme in Uganda. In 2008, OHCHR Uganda began implementing the Reparations
Research and Capacity-Building project in northern Uganda, in collaboration with the
Uganda Human Rights Commission (UHRC), conducting training sessions to build
awareness on reparations. OHCHR Uganda simultaneously conducted research on the
views of conflict-affected communities towards reparations, and presented its preliminary
findings to civil society in northern Uganda at a forum on transitional justice in February
2009. In 2010, OHCHR and UHRC conducted specialized field research on gender and
reparations; the findings were presented to the Government and donors in a validation
workshop held in Kampala, as well as to civil society organizations in a separate meeting.
(b)
Asia-Pacific
38.
The Extraordinary Chambers in the Courts of Cambodia has instituted a victims
participation process whereby victims who become party to the proceedings have the right
to claim for moral and collective reparation. OHCHR Cambodia has been monitoring the
victims participation process to ensure that valuable lessons learned, both domestically and
from an international perspective, are documented and can be appraised.
39.
The Government of Nepal has begun the implementation of the Interim Relief
Programme for victims of conflict, while a more comprehensive reparations policy is
expected to be established in conjunction with the TRC. OHCHR Nepal has worked with
the International Organization for Migration to analyse the inefficiencies of the interim
relief projects, and has shared the findings with the Ministry of Peace and Reconstruction.
Amid the delays in setting up transitional justice mechanisms, OHCHR Nepal has been
supporting the Ministry of Peace and Reconstruction in the development of a
comprehensive reparations policy in line with international human rights standards.
OHCHR Nepal has initiated extensive consultations with victims as part of the formulation
of the policy.
40.
Both truth commissions in Timor-Leste have recommended the establishment of a
reparations programme. In 2010, Parliament approved in a second reading a draft law
establishing a framework for a reparations programme, and a law to establish an institution
to follow up on the recommendations of the two truth and reconciliation commissions,
including with regard to reparations, disappeared and missing persons, human rights
training and archives. However, the final enactment of the laws has been pending as of May
2011. HRTJS-UNMIT continues to support efforts to establish a reparations programme,
and has provided technical assistance towards the elaboration of the above draft legislation.
(c)
Latin America and the Caribbean
41.
Under the Justice and Peace Law in Colombia, victims may submit a reparations
claim against an ex-combatant who has completed the judicial process. However,
application of the Law is limited and there have only been two rulings on reparations under
it. OHCHR Colombia is currently providing recommendations for modifications to the
provisions on judicial reparations in the Law. Victims of human rights abuses committed by
illegal armed groups could also have sought reparations under an administrative programme
established in 2008 and closed in April 2010. The programme conferred compensation to
some victims, but lacked a comprehensive approach and did not apply to victims of crimes
attributed to State agents; OHCHR Colombia monitored the implementation of the
programme. Furthermore, it also provided advice regarding the Law on Victims and
Restitution of Land, adopted by Parliament in May 2011, with a view to facilitating its
compliance with international standards.
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