A/HRC/19/38
compensated include those resulting from injury, physical disability and death and the
expenses made for medical treatment and funerals, damage to movable and immovable
property, agricultural damage, and material damage resulting from the inability of persons
to have access to their assets because of the activities carried out in the context of the fight
against terrorism. The representative pointed out that a total of 51 compensation
commissions had been set up, and that 75 per cent of applications submitted up until
November 2010 had been processed; in 60 per cent of cases, compensation had been
granted.
19.
In connection with the Law on Justice and Peace (2005), Colombia pointed to the
work of the National Commission for Reparation and Reconciliation, which aimed to
provide access to justice and truth, and reparation for victims of terrorism, without
distinction on the basis of gender, age or ethnic group. In addition, the representative of
Colombia referred to the recently adopted Victims and Land Restitution Act (2010) , which
would be applied for a period of 10 years and could provide reparation to some 350
families per day, or 1 million families per decade. It was noted that the Act regarded as
victims those who had individually or collectively suffered harm from events occurring
after 1 January 1985, as a consequence of violations of international humanitarian law, or
grave and manifest violations of international human rights law occurring in the context of
armed internal conflict.
20.
The approach taken by Morocco to the human rights of victims of terrorism and
their families focused on three main areas: prevention, assistance and sensitization. The
preventive work includes adherence to all relevant international instruments and the
Government’s engagement in related matters at the international, regional and subregional
levels. With regard to assistance, the support of authorities for victims of terrorism in the
social, administrative, legal, medical, psychological and financial domains was highlighted.
A third component was a global strategy focusing on the promotion of human rights,
economic and social development, education and promotion of tolerance, as well as raising
public awareness. .
21.
The representative of France, recalling the important role played by victims and civil
society in addressing matters relating to the human rights of victims of terrorism and the
fight against terrorism, referred to the establishment of a compensation fund and specific
measures that guarantee access to justice and treatment for victims of terrorism.
22.
In Algeria, the protection of victims of terrorism was addressed by Presidential
decrees no. 06-93 of 28 February 2006, on the compensation of victims of the national
tragedy, and no. 06-94 of 28 February 2006, on State assistance to impoverished families
affected by the involvement of one of their relatives in terrorism. In order to implement
these provisions, a national compensation fund and a national solidarity fund had been
established to finance compensations paid to, other forms of reparation for and
rehabilitation of victims.
23.
In Peru, a series of measures aimed at acknowledging victims, ensuring restitution of
their rights and providing for financial and moral reparations had been adopted. It was
noted that the comprehensive plan for reparations contained a broad definition of the term
“victim”, allowing reparation not only for those who had been direct victims of terrorist
attacks but also for others who became vulnerable or had their rights violated as a result of
counter-terrorism measures. In this connection, Peru shared the view of the Special
Rapporteur about the need to elaborate programmes of reparation that provide justice to
victims of terrorism as well as to the victims of counter-terrorism measures, and their
families. With regard to the reparation of victims of terrorism and their families, the
implementation of the collective reparations programme for communities affected by
violence was highlighted. When pointing to challenges encountered in relation to the
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