"Full Reparations Must Be Guaranteed" for Displaced Victims in Colombia
Helda Martínez interviews Colombian human rights activist Marco Romero, president of the Consultancy on Human Rights and Displacement (CODHES).
BOGOTA, Jun 10, 2011 (IPS) - Human rights groups and small farmers' associations will keep close watch in Colombia to make sure the new Victims' and Land Restitution Law, signed by President Juan Manuel Santos Friday, is effectively implemented. Under the new law, victims of the armed conflict since 1985 will be eligible for reparations, while those displaced since 1991 can file a petition to have their land returned to them. But while it has been widely welcomed, the new law has also drawn calls for effective enforcement.
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Q: What is the key feature of the Victims and Land Restitution Law? A: First, the recognition of the state's responsibility towards the victims of the guerrillas, paramilitaries and government agents. This is a major achievement in a country that tends towards cynicism, where rights are only halfway vindicated and reality is denied, along the lines of what former president (Álvaro) Uribe did. For Uribe the aim was to combat subversion by ignoring the victims, refusing to respect international humanitarian law, and denying that forced displacement exists, calling the victims merely "migrants".
The restitution of land is also important. The state has recognised that people were massively dispossessed of 6.6 million hectares of land, and that this is the magnitude of the challenge.
Q: And the main shortcomings of the law? A: That in its design, it has fallen short with respect to reflecting international treaties and principles. Furthermore, in its implementation there are risks, because the social services and housing subsidies to which the average Colombian has a right cannot be considered reparations. Full reparations must be guaranteed.
According to our estimates, the reparations would represent a sum equivalent to 40 million dollars, without counting the moral damages. It's true that virtually no society could afford to pay the entire amount, but we must come as close as possible, because the victims deserve, for themselves and their children, education, including higher education, decent housing and incomes, and opportunities to contribute to society by moving out of the informal economy.
Q: In your view, what limitations will have to be overcome to implement the law? A: The law's main enemy, 'Uribismo' (the pro-Uribe faction in politics) must be isolated, and the commitment of other political parties must be secured. In addition, Colombian society, which at times is autistic, must take on responsibility and learn about the issue, without flippantly stating that the victims are asking for too much. Furthermore, the victims must be accompanied, especially in rural areas, because the restitution of land is taking place amidst the bullets.
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