A/HRC/42/45
51.
Calculating the number of victims eligible for reparation is particularly challenging
in conflict situations with great numbers of internally displaced persons or of refugees. In
Colombia, for example, the estimate of the number of victims was about 4.5 million in
2012 after the adoption of the Victims and Land Restitution Law, but the actual number
was almost twice that projection given the country’s growing internally displaced
population. There are more than 8.7 million victims registered in Colombia in 2019. 28
52.
Building strong registries of victims requires reaching out to civil society
organizations. They have relevant data about victimhood and violations that would be of
utmost importance in any mapping exercise. They also have vital links to communities of
victims that could help State authorities to build trust with victims and help them come
forward.
53.
Effective registration also requires reaching out to inform all victims about their
right to reparation, available reparation programmes and registration processes. In El
Salvador, information was not disseminated to all victims, leading to a very small number
of registrations in proportion to the number of victims.
Evidence and special measures in registration processes
54.
Special registration measures should be adopted to ensure that those in a situation of
special vulnerability come forward, such as victims of sexual violence, children, and
persons with disabilities. They should not be exposed through registration processes to
further victimization or stigma. Measures should also be adopted for victims who are
illiterate.
55.
Special security conditions should be put in place for victims to register, particularly
in countries that are still in the midst of conflict or where violence and insecurity is
generalized.
56.
Most registration processes require filling forms and providing some evidence of
victimhood and harm. Forms should be confined to essential information, such as basic
personal information, a statement of facts and of violations suffered, confidentiality issues,
harms suffered, and supporting documents. 29 Specific forms might also be designed to
clarify the universe of collective victims and provide them with collective reparation. Such
forms would include the name of the community, the facts, and the violations suffered by
it.30 Some forms are complemented with interviews undertaken by government officials.
57.
Registries allow State authorities to decide who is eligible for reparation. However,
the object of a registration process is not to challenge the veracity of the claims made by the
victims or the evidence they have provided, rather to assume in good faith that what has
been said is a statement of truth. The Special Rapporteur notes with appreciation that many
States place the burden of proving the damage on State institutions rather than on victims,
or that they apply lower standards of evidence. In Morocco, for example, the Equity and
Reconciliation Commission accepted the testimonies of victims as evidence. 31 In Peru,
victims were not required to provide documents that had been lost during their
displacement or documentation from registries that had been destroyed during the armed
conflict.32 In Colombia, the standard of evidence required is lower, too. The law indicates
that authorities should always presume the good faith of victims and their ability to
corroborate the harm by any means legally acceptable, and specifies the requirements in
greater detail.33
28
29
30
31
32
33
Registro Único de Victimas, available at www.unidadvictimas.gov.co.
Ruben Carranza, Cristián Correa and Elena Naughton, Forms of Justice: A Guide to Designing
Reparations Applications Forms and Registration Processes for Victims of Human Rights Violations,
International Center for Transitional Justice (2017), p. 22.
Ibid., pp. 33–36.
Rule-of-Law Tools for Post-Conflict States: Reparation Programmes, p. 18.
See www.gob.pe/790-inscripcion-en-el-registro-unico-de-victimas.
Victims and Land Restitution Law, Law 1448/2011, art. 5.
9
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