A/HRC/42/45 domestic reparation programme. 51 In Peru, women were not always included in consultations about collective reparation.52 71. The Special Rapporteur considers that consultation with and participation of victims is essential in order to fulfil their right to reparation. More sustained work is required to ensure that consultation and participation take place in the design, implementation and monitoring of domestic reparation programmes. 72. The consultation process should not force victims to renounce, or to choose from among, reparations owed to them pursuant to the criterion of full reparation. Institutional security of domestic reparation programmes 73. Domestic reparation programmes are weak, fragile and highly dependent on political will and on the context in which they are implemented. They are rarely prioritized as a transitional justice measure or given the importance they should receive. Victims are seen as “weak agents”, which makes “their plight largely invisible to decision makers”. 53 Therefore, it is essential to protect domestic reparation programmes from those shortcomings through different means. 74. Legal frameworks establishing and regulating domestic reparation programmes are essential. Such framing provides legal certainty to the programme and sustainability regardless of political fluctuations. It is also a sign of State commitment to address mass atrocities rather than the decision being rooted in political opportunism. 75. Various States have adopted legislation underpinning their domestic reparation programmes, such as Iraq with Law 20 on Compensation for Victims of Military Operations, Military Mistakes and Terrorist Actions, the Philippines with the Human Rights Victims Reparation and Recognition Act,54 Peru with the Comprehensive Reparations Plan,55 and Colombia with the Victims and Land Restitution Law.56 In Argentina, various laws have been enacted to provide reparation to victims.57 76. In Guatemala, the National Reparations Plan was established by a government agreement and not by law. 58 It is therefore seen as another programme to be implemented by the executive branch, but with no primacy or political relevance. Efforts in Guatemala to enact a law for the National Reparations Programme have faced multiple obstacles in Congress. 77. In El Salvador, Presidential Executive Decree 204/2013 created the Reparation Programme for Victims of Serious Human Rights Violations that Took Place during the Internal Armed Conflict. While this constitutes a valuable step forward, the scope of the programme has been limited, and its legal framing is pending. 78. National laws on reparations should indicate the State commitment to reparation, including an acknowledgement of responsibility and, at the very least, the violations eligible for reparation and the applicable time frame in which they must have occurred, a definition of victim, the forms of reparation, the timeline for reparation, the allocation of funds, and the time frame for the programme. The law should also indicate the institutions responsible for providing reparation as well as for providing oversight. Other regulations 51 52 53 54 55 56 57 58 12 Kelli Muddell, “Limitations and opportunities of reparations for women’s empowerment” (International Center for Transitional Justice briefing, 2009), 6 July 2011, p. 1. International Center for Transitional Justice, “The concept and challenges of collective reparation” (2010), pp. 26–27. A/69/518, para. 49. Philippines, Human Rights Victims Reparation and Recognition Act (No. 10368/2013). Law No. 28592 of 29 July 2005. Law No. 1448 of 10 June 2011. Such as Law No. 24.043/91 on reparation for those who were detained before 10 December 1983 and were in the custody of the executive, and Law No. 24.411/94 granting compensation for victims of enforced disappearance or descendants of those killed by the military or security forces. Acuerdo Gubernativo 258-2003.