A/HRC/42/45
State from persons or armed groups in judicial or administrative processes, and voluntary
donations made by people in supermarkets or at cash machines.66
87.
The United Nations Compensation Commission had the United Nations
Compensation Fund, which had 5 per cent of the annual proceeds from Iraqi oil exports to
redress victims.67
88.
The German compensation programme for forced labour also established a fund,
with a fixed amount of approximately €5.2 billion, which received contributions in equal
proportion from the Government of Germany and from various German corporations.
While funds with fixed amounts can potentially be problematic as they do not allow the
amount available for reparation to be adjusted to changing circumstances, they provide
political independence to the institutions managing the fund and they accrue interest over
time.68
89.
Sierra Leone set up a reparation fund a decade after this was envisaged in the Peace
Agreement between the Government of Sierra Leone and the Revolutionary United Front of
Sierra Leone, of 1999. Contributions from the Government to this fund have been minimal,
with the majority of proceeds coming from international cooperation, particularly the
United Nations Peacebuilding Fund.69
90.
The alternative to a special fund is the inclusion of the programme in the national
budget. In Guatemala, the National Compensation Programme was to receive 300 million
quetzals on an annual basis (equivalent to about $40 million). The programme has never
received the full allocation of funds and year after year its budget has decreased. 70
91.
In other countries, such as Argentina, some forms of reparation were funded with
government bonds. Through these bonds, the Government recognized the debt owed to
victims of enforced disappearance, execution and arbitrary detention, and guaranteed the
payment. The bonds (of $224,000 per victim) could be exchanged at their market value at
any time, or at full value on maturity (16 years later). The mechanism ran into trouble for
those who had not exchanged their bonds when an economic crisis hit Argentina in 2001
and payments of all government bonds were ceased.71 Payments to victims were exempted
from this freeze, but bonds were automatically converted to a highly depreciated Argentine
peso.
92.
The Special Rapporteur notes that, with notable exceptions, domestic reparation
programmes are seriously underfunded, which hampers their ability to redress victims. In
Colombia, under the Victims and Land Restitution Law, the State has provided
compensation to less than 10 per cent of the 8 million victims registered to obtain
reparation.72 In 2016, the Government of Colombia calculated that its deficit to fund the law
was of approximately 115.58 billion pesos (approximately $34 million). 73
66
67
68
69
70
71
72
73
14
Ibid.
Security Council resolutions 1483 (2003) and 1956 (2010).
Susanne Sehlbach, “Funding of the programme”, Günter Saathoff et al. (eds.), The German
Compensation Programme for Forced Labour: Practice and Experiences (Stiftung Erinnerung
Verantwortung und Zukunft, 2017), pp. 27–39.
International Center for Transitional Justice, “Report and proposals for the implementation of
reparations in Sierra Leone” (2009), p. 14.
Procurador de los Derechos Humanos, “Informe de monitoreo realizado a las sedes regionales del
Programa Nacional de Resarcimiento” (2018), p. 5.
José María Guembe, “Economic reparations for grave human rights violations: the Argentinean
experience”, in Pablo De Greiff (ed.), The Handbook of Reparations (Oxford, Oxford University
Press, 2005), pp. 21–54, at p. 41.
Comisión de Seguimiento y Monitoreo a la Implementación de la Ley 1448 de 2011, quinto informe
de seguimiento al Congreso de la República 2017–2018, p. 193.
Colombia, Informe al Auto No. 373 de 2016, orden tercera, 31 October 2016, p. 4.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents