A/HRC/42/45
118. While the law succeeds in adopting a holistic approach to victims in a situation of
vulnerability, its implementation is insufficient. Out of approximately 24,000 persons
registered as victims of sexual violence (90 per cent of whom are women), only
approximately 7,000 have received compensation, including advice on how best to invest
the money and use it for empowerment purposes. 122
V. Conclusions
119. The Special Rapporteur notes the recognition by States and in State practice of the
right to reparation for victims of mass atrocities that goes beyond compensation and
includes an array of measures. Important State practice has emerged on how to design,
implement and monitor domestic reparation programmes, from which valuable lessons can
be drawn.
120. The establishment of appropriate reparation systems is essential in order to provide
effective reparation to victims. The more measures included in a programme, the more
robust the system would need to be in order to implement them, including through
extensive local outreach.
121. The Special Rapporteur underscores the need to establish a comprehensive
registration of victims prior to the design of reparation programmes, and to assess the
universe of victims and the expected costs.
122. Such programmes must also be underpinned by a solid legal framework that
provides sustainability and shields victims from political upheaval, as well as by adequate
resource allocation to guarantee their implementation.
123. Victims are often in a vulnerable situation and excluded from decision-making.
Their participation, and/or consultation with them, remains crucial to ensure that the views
of all those who have suffered harm are duly taken into account during the design,
implementation and monitoring of reparation programmes.
124. The Special Rapporteur stresses the importance of providing victims with effective
and timely rehabilitation in the areas of physical and mental health, as well as other services
such as education.
125. Refugees, internally displaced persons and migrants continue to be neglected in
reparation programmes. A key challenge for the future is how best to include them in such
programmes so that they can obtain adequate reparation.
126. Redressing victims of sexual violence, and children born out of rape, remains
another key challenge. Effective systems require special measures to prevent the social
exposure of these victims and to avoid inflicting further harm on them.
127. Civil society organizations play an essential role in ensuring that domestic reparation
programmes are set up properly and that possible deficiencies are addressed. They are also
crucial in reaching out to victims, as shown in cases of victims of sexual violence, and in
setting up registration processes, documenting harm caused to victims, and providing, when
possible, psychosocial support.
128. The Special Rapporteur outlines below his recommendations for the effective
implementation of domestic reparation programmes.
VI. Recommendations
129. In the design and implementation of domestic reparation programmes, States
should:
122
20
See www2.unwomen.org/-/media/field%20office%20colombia/documentos/publicaciones/2018/01/
mujeres%20victimas%20final.pdf?la=es&vs=1047, p. 31.
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