A/HRC/42/45
should further develop some of these key provisions, such as how to apply for reparation,
and regulate issues related to consultation with and/or participation of victims.
79.
The reparation programme should, at least, be coordinated by an entity responsible
for its implementation, with the necessary political and economic leverage to coordinate
and promote action across the different State institutions that are part of the reparation
system.
80.
Chile set up the National Corporation for Reparations and Reconciliation tasked
with implementing various pieces of legislation on reparation enacted over time. 59 Other
systems, such as the Programme for Reparation and Comprehensive Health Care, were
established subsequently to provide rehabilitation to victims. 60 In the Philippines, the
Human Rights Victims Reparation and Recognition Act created the Human Rights Victims’
Claims Board.61 In Colombia, a reparations system was put in place with responsibilities
assigned to various institutions, such as the Victims’ Unit, the Centre for Historical
Memory and the Land Restitution Unit. 62
81.
Other States, such as Argentina, have not set up specific institutions to implement
reparation frameworks. However, the secretary responsible for human rights in Argentina is
responsible for implementing all the laws that regulate reparations in the country. 63
82.
The Special Rapporteur stresses the need to bestow these institutions or systems
with political leverage and authority to carry out their work. For example, in Colombia,
despite the importance of the Victims’ Unit, it lacks political leverage as it is not placed
above ministries and therefore cannot always coordinate the reparation policy in the most
effective manner. Something similar happens in Guatemala, where the responsibility for
reparations lies with a programme which is affiliated to the Secretary for Peace and comes
under the authority of the national commission on reparations.
83.
The Special Rapporteur also underscores that such entities must include territorial
reach and presence, particularly in the areas where victims reside, and where conflict or
repression was concentrated, to facilitate consultation with and the participation of victims
in the reparation process as well as to facilitate their access to benefits. Institutions should
also be available to victims who are refugees or live in exile. Consulates and diplomatic
missions could undertake this task.
Financial resources
84.
The availability of financial resources to fund the work of domestic reparation
programmes, including the provision of benefits, is essential for the fulfilment of the right
to reparation. The Special Rapporteur urges States to make the necessary budgetary
allocations to provide reparation to victims, on the basis of realistic projections of its cost as
well as the universe of victims.
85.
There are different ways of funding reparation programmes. Some States opt for the
establishment of a reparation fund. Such funds can be the result of one-time financial
contributions, or could be replenished as required.
86.
In Colombia, a fund was created under the Justice and Peace Law, in 2005. 64 The
fund was to include assets given up by members of paramilitary groups, contributions from
the Colombian budget and any national or international donations. The fund was
established and maintained under the Victims and Land Restitution Law of 2011. 65 The
latter law included new sources for financing reparations, such as fines obtained by the
59
60
61
62
63
64
65
Law No. 19.123 of 8 February 1992.
Law No. 19.980 of 9 November 2004.
Submission of the Commission on Human Rights (Philippines), 14 January 2018.
In the case of Colombia, the Sistema Nacional de Atención y Reparación Integral a las Víctimas is the
system of public institutions both at the national and the local level responsible for establishing and
implementing reparations in the country.
Submission of the Argentine national human rights institution, point 2.
Law No. 975/2005 of 25 July 2005, art. 54.
Law No. 1448/2011, art. 177.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents