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

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