reparation on a massive scale to numerous victims, which significantly exceeds the capacities
and possibilities of the domestic courts, administrative programs of reparation constitute one of
the legitimate ways of satisfying the right to reparation. In these circumstances, such measures
of reparation must be understood in conjunction with other measures of truth and justice,
provided that they meet a series of related requirements, including their legitimacy – especially,
based on the consultation with and participation of the victims; their adoption in good faith; the
degree of social inclusion they allow; the reasonableness and proportionality of the pecuniary
measures; the type of reasons given to provide reparations by family group and not
individually; the distribution criteria among members of a family (succession order or
percentages); parameters for a fair distribution that take into account the position of the
women among the members of the family or other differentiated aspects, such as whether the
land and other means of production are owned collectively.748
471. Furthermore, in the case of pecuniary reparations, a criterion of justice should include
aspects that, in the specific context, do not become illusory or derisory, and make a real
contribution to helping the victim deal with the negative consequences of the human rights
violations on his life.
472. In this case, the Court recognizes and appreciates the progress made by the State as
regards making reparation to victims of the armed conflict, implemented with increased
momentum since the promulgation of the Victims Law. In addition, it is clear that, as mentioned
by the deponent for information purposes in his presentation during the hearing and in the
document that he handed over at that time,749 the point that the State has arrived at is the
result of an evolution in the conflict and of the measures taken by the Government not only to
combat this, but also so that, regardless of what happens in the context of the conflict, the
victims have the right to reparation. As indicated in the expert opinion of Juan Pablo Franco,
proposed by the State, the Constitutional Court has recognized the progress that the Law on
Victims and Land Restitution has represented in the area of reparations.750
473. The Court also received information on Decree 4635 of 2011, “establishing measures of
assistance, attention, integral reparation and land restitution to the victims belonging to the
Black, Afro-Colombian, Raizal and Palenquera communities,” which include, in the case of AfroColombian communities that have suffered collective harm, the possibility of providing them, in
addition to the individual administrative compensation, with a collective compensation and a
program of advisory services and support for the investment of the resources provided as
collective and individual compensation. All this is executed through an Integral Collective
Reparation Plan (PIRC), a procedure developed together with the communities that includes
prior consultation and that is described in the Decree.751
748
Similarly, see, United Nations, Office of the United Nations High Commissioner for Human Rights, Rule-of-Law
Tools for Post-conflict States: Reparations Programmes, 2008.
749
Cf. The transitional justice arrangement in force in Colombia, provided by Miguel Samper Strouss, Vice
Minister of Justice and deponent for information purposes proposed by the State, during the hearing held at the InterAmerican Court of Human Rights on February 11, 2013.
750
Cf. Testimony of expert witness Juan Pablo Franco provided on January 31, 2013, by affidavit. The expert
witness did not refer to specific decisions of the Constitutional Court. He indicated that “[t]he Constitutional Court
recognized the progress in the reformulation of the policies on land, truth, justice and reparation as of 2010 […].
Regarding the policy of truth, justice, reparation and guarantees of non-repetition, it emphasized the progress made in
the elaboration of guidelines following the issue of Law 1448 of 2001.” In addition, the administrative compensation to
which this Court refers includes the latest interpretation given by the Colombian Constitutional Court in its Judgment C426 of 2013 regarding article 132 of the Victims Law, in which it established that, for victims of forced displacement,
the compensation is additional to the mechanisms indicated in paragraph 3 of this article (evidence file, folio 15310).
751
Cf. This refers to the Policy of Attention to the Black, Afro-Colombian, Raizal and Palenquera Communities.
147
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