A/HRC/31/3/Add.2
70.
In the Caribbean region, and in Antioquia, Meta, Tolima and Santander, OHCHRColombia observed that the principal difficulties faced by claimants included inadequate
local institutional budgets, a lack of institutional coordination, and disparities in capacity
and political will among the up to 20 different entities responsible for implementing land
restitution orders. OHCHR-Colombia recognizes the efforts made by the Land Restitution
Unit to respond to collective indigenous and Afro-Colombian claims and awaits prompt
judicial decisions. The implementation of the two existing judicial decisions on indigenous
territories faced difficulties.
71.
OHCHR-Colombia observed that people currently occupying lands to be restituted
(secondary occupants) include landless campesinos, victims, rural users and others. The
State faces the challenge of distinguishing between good-faith and bad-faith secondary
occupants. The historic lack of access to justice in rural areas has created layers of legal
uncertainty that today hinder solutions, particularly in Santander, Norte de Santander,
Cesar, Sucre, Bolívar, Magdalena, Antioquia, Nariño and Tolima.
72.
The law on rural development interest zones, adopted in December, has generated
intense public debate. The Government considers it an opportunity to promote rural
employment and access to and regularization of land ownership, while others argue that it
will increase the concentration of ownership and private use of vacant lands for massive
agroindustry, affecting small property and family economies. Providing institutional
support for both visions, on the basis of human rights, is necessary for victim reparation,
peace agreement implementation and reconciliation in rural areas.
4.
Participation
73.
Government actions to implement the Victims and Land Reparation Law and other
dialogue processes have been significant. However, ensuring that victims can genuinely
influence decision-making and implementation remains necessary. This requires processes
that transcend formalism with greater resources, patience and flexibility in order to ensure
that victims can be true participants in creating solutions.
IV. Structural human rights challenges for an equitable and
sustainable peace
74.
In addition to issues addressed directly in the peace process, multiple additional
human rights challenges urgently require attention in order to achieve peace, some of which
have been addressed in previous reports. The construction of a sustainable and equitable
peace is possible only through the progressive realization of rights, and the eradication of
discrimination and exclusion. While local policies incorporate rights-based language, this
approach is lost in institutional implementation, neutralizing impact. Five key areas are
outlined below.
A.
Economic and social rights
75.
Joint State action on economic, social and cultural rights continues to be insufficient.
Law No. 1751 of 2015 recognizes the fundamental right to health as autonomous and
inalienable. However, OHCHR-Colombia observes that normative advances should result
in genuine enjoyment in practice. Overall advances in affiliation with the public health
service do not necessarily represent greater access to the right to health, given service
scarcity in many rural areas. The National Health Authority sanctioned the Chocó
Department for the death of 30 children in 2015 due to the lack of drinking water and
medical attention. It is imperative to ensure the non-recurrence of such situations.
14
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