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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