Cacarica associated in CAVIDA and the women heads of household who live in Turbo were
victim” and “to make reparation to the next of kin of Marino López for the pecuniary and nonpecuniary harm suffered owing to the violations of the American Convention established in th[e]
report.”734
463. The State considered that the large-scale administrative program of integral reparation
established in the Victims Law was the only way to satisfy the right to adequate, prompt and
effective reparation of the victims of displacement in Colombia, including, if any, those that the
Court recognizes as victims in this case, given the situation that the country faces.
464. In this regard, the Commission considered that the reparations could not be channeled
through and satisfied by this law, because: (a) it is a new law that is being implemented and
adjusted,735 and (b) it distorts the nature of the inter-American system736 and its scope.737 For
their part, the representatives maintained that the said law was insufficient, given the
magnitude of the harm caused, as well as the nature and amount of the reparations that it
included. They argued that it is a law of a general character,738 and the compensation that it
provides for displaced persons is unclear and includes items that are not applicable in this
specific case;739 also, that it confuses the provision of services for the displaced population with
734
With regard to compensation, the Commission recommended: for the next of kin of Marino López, reparation
for the pecuniary and non-pecuniary harm suffered owing to the violations of the American Convention, and integral
reparation at both the individual and community level by specific mechanisms for the victims of the Afro-descendant
communities of the Cacarica associated in CAVIDA and the women heads of household who live in Turbo based on the
principle of non-discrimination, the participation of the victims in the design and implementation of the measures of
reparation, and differentiated reparation criteria for the displaced Afro-descendant population, which should include
their special needs, and the recognition of and respect for their identity, culture, territories and the participation of their
authorities in the decisions that affect them. Also, the establishment of a measure of community reparation that
recognized the impact of Operation Genesis, the paramilitary incursions, and the displacement suffered by the Afrodescendant communities of the Cacarica, with the participation of the communities in its design and implementation.
Adequate reparation for the displaced women from the Afro-descendant communities of the Cacarica associated in
CAVIDA and the women heads of household who live in Turbo on gender-based criteria that included their special needs
and the specific needs of the women heads of household. Reparation for the children of the Afro-descendant
communities of the Cacarica associated in CAVIDA and the children of the women heads of household who live in Turbo
based on measures in which the best interests of the child prevail, as well as respect for their dignity, the principle of
non-discrimination, the right to participation of children, and respect for their opinions in the process of designing and
implementing the measures of reparation. The measures of reparation should be aimed at ensuring the conditions
required for these children to be able to enjoy education and a standard of living that allows them to develop fully as
human beings.
735
The Commission mentioned that the effectiveness and usefulness of the Victims and Land Restitution Law have
not been proved and that, to date, no analysis has been made that would allow verification of its conformity with
international standards.
736
The Commission maintained that the obligation to make reparation is a consequences of the determination of
the State’s international reponsibility for the violation of the rights established in the Convention and that it includes a
correlative right to receive this reparation on the part of the victims; hence, in order to exercise this right, it is not
admissible to stipulate additional requirements at the domestic level, however summary they may be.
737
The Commission indicated that conditioning the international reparation to a domestic law constituted in itself a
limit to the specificity and scope of the reparations that the Court could order, which are specific to the system and may
include actions by different authorities, as well as measures that go beyond pecuniary measures and that, in some
cases, exceed those authorized by law at the domestic level.
738
The representatives indicated that Law 1448 of 2011, doesn not specifically cover the victims of this case,
because it covers all the victims of the Colombian armed conflict since 1985.
739
The representatives considered that, in this case, reparation by means of the award, exchange or titling of land
was not appropriate, because the community had been awarded title to its ancestral territory in 2000. They added that
other measures should be adopted, such as guaranteeing the departure of the companies from the territory and the
definitive demobilization of the paramilitary movement (measures not stipulated by law).
144
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