A/HRC/42/45
846 victims participated, which allowed the Truth and Reconciliation Commission to put
forward recommendations on reparation that had greater consensus among victims. 43
Equally, an initiative called the Working Group on Reparations was established, allowing
civil society organizations to coordinate their work on reparation issues. Consultations also
took place to provide collective reparation. For example, 444 consultations on collective
reparations were held in 2017. 44 However, technical information has not always been
available to communities to inform their views on collective reparation. 45
66.
In Colombia, consultation with and participation of victims has taken place at
different times. During the negotiation of the Victims and Land Restitution Law, 11
regional dialogues were held to gather victims’ views. Something similar happened with the
three decree-laws on reparation for indigenous groups, for Afrodescendants, Raizal and
Palenqueros, and for Roma.46
67.
The Colombian Victims and Land Restitution Law also creates participation
mechanisms for its implementation through victims’ participation tables established at the
national, departmental and municipal levels. 47 This led to the establishment of 865
municipal tables, 32 departmental tables, a table in Bogota, and a national table. 48
Communities are also consulted concerning collective reparations.
68.
In Morocco, the Equity and Reconciliation Commission carried out consultations
with victims and civil society organizations in various parts of the country to design its
reparations approach. The consultations involved different stakeholders, including victims
as well as development agencies. This was particularly important for the design of
collective reparations. 49 An illustration of this process was the 2005 National Forum on
Reparation, in which more than 200 civil society organizations participated.
69.
The German compensation programme for forced labour that took place during the
national-socialist regime also included consultation. The process was challenging, since
victims were old and spread across 89 States. Nevertheless, victims took part in the
negotiations leading to the establishment of the programme, and continued to participate
afterwards. The approach was to establish small groups of victims affected, who would
identify a representative to take part in the consultation. The programme distributed
individual payments to 1.66 million victims in 89 States. 50
70.
In some countries, consultations took place without all the victims concerned being
included. In Sierra Leone, for example, victims of sexual violence were stigmatized and
discriminated against. As a result, they were unable to participate in the design of the
43
44
45
46
47
48
49
50
Julie Guillerot and Lisa Magarrell, Memorias de un Proceso Inacabado: Reparaciones en la
Transición Peruana (Lima, Asociación Pro Derechos Humanos, International Center for Transitional
Justice and Oxfam, 2006), pp. 102–106; and submission of the Peruvian human rights commission,
point 3.
Comisión Multisectorial de Alto Nivel encargada de las Acciones y políticas del Estado en los
ámbitos de la paz, la reparación colectiva y la reconciliación nacional, Balance de Acciones 2017,
(Lima, 2018), p. 2.
Cristián Correa, Reparaciones en Perú: El Largo Camino entre las Recomendaciones y la
Implementación (New York, International Center for Transitional Justice, 2013), pp. 12–14.
Submission of Paula Gaviria and Iris Marín, point 3; submission of the Unidad de Víctimas,
Colombia, point 3; and submission of Dejusticia, point 3.
Law 1448/2011, art. 193.
Universidad del Rosario, Bogotá, Encuentro de experiencias: participación efectiva de las víctimas y
mesas de participación, Federación Nacional de Personeros and United Nations Development
Programme, 2015.
See www.ier.ma/article.php3?id_article=1496.
Roland Bank, “Establishing the programme”, Günter Saathoff et al. (eds.), The German
Compensation Programme for Forced Labour: Practice and Experiences (Stiftung Erinnerung
Verantwortung und Zukunft, 2017), pp. 12–25, at p. 23.
11
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