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Friday, 24 November 2017 13:10

It's necessary to reform reparation for victims, CSIVI

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In order to ensure compliance with the commitments provided for in the Final Agreement, regarding the adequacy of the Comprehensive Care and Reparation Policy for Victims, the FARC-EP component of the Follow-up, Impulse and Verification Commission to the Implementation of the Final Agreement - CSIVI, wants to indicate the following to the public opinion:

1. In accordance with the agreement, during the first 12 months of implementation after the signature, the process of adaptation and participatory strengthening of the Comprehensive Care and Reparation Policy for victims within the framework of the end of the conflict should have taken place. From this process, among other adjustments to public policy, a proposal to modify the Victims Law 1448 of 2011 should be released. To date, this process has not been carried out.

2. After the holding of regional events and a national meeting whose convocation and realization were headed by the Unit for Attention and Reparation for Victims and the subdirectorate of participation of the Ministry of the Interior, an observation team consisting of 19 representatives of the victims and their organizations was organised, with the purpose of guaranteeing the process and the inclusion of the nearly 2000 proposals related to the broad participation process.

3. During the months of April, May and June of this year, the FARC component of the CSIVI promoted multiple meetings with victims abroad, organizations of victims and defenders of Human Rights, Legislative Technical Units of several congressmen, with the purpose of securing their developments in terms of normative proposals with the impulse of what was proposed in the broad participation process.

4. From these meetings it was possible to collect a proposal to reform Law 1448 of 2011, which developed adjustments in terms of land restitution (including judicial procedure), reparation measures, expansion of the universe of victims, recognition of victims abroad, temporary validity of the law, and substantial modifications to the Single Victims Registry -RUV-, the structure of the National System of Attention and Reparation for Victims -SNARIV, the National Rehabilitation Plan and the Psychosocial Care and Integral Health Program- PAPSIVI.

In accordance with the nature of the proposal, the normative range and convenience of procedure was defined, concluding that the modifications of the Victims' Public Policy should be advanced in a participatory and gradual manner, agreeing to process at least the first 12 months of implementation, an austere reform that would shelter the principle of non-regression, the expansion of the universe of victims - so that unjustified discriminations that exclude the recognition of victims as persons from the mere fact of having participated in the insurgency would disappear from the current legislation, ignoring whether they have have been victims of infractions of IHL or violations of their human rights-, the validity of the law, the extension of the registration term, the competence in matters of reparation for the new universe of victims and the order to advance the other modifications in the following 6 months of promulgation of the reform of the law.

5. In August, we met with concern the complaint made by the members of the national observation team, who expressed their dissatisfaction with the constructions and unilateral nature conclusions to which the National Government was coming regarding the process of regulatory adaptation, highlighting that they did not recognise the demands of the victims and their organizations.

6. Once the reform proposals were consolidated, the National Government was informed of the need to expedite the discussion and proceed with their processing, getting a response only in September, when it called for a technical meeting of the CSIVI. In this context, the UARIV and the Ministry of the Interior presented the results of the broad participation process, concluding from this i) That it was not necessary to advance a reform of Law 1448, ii) Only adjustments are needed in terms of victims, which should be processed through adjustments to the different components of public policy (regulatory decrees), and iii) That the reform project regarding collective reparation was being carried out, as well as the reform to the single regulatory decree 1084 of 2015, proposals that would be presented in October for its revision and adjustment, something that to date has not happened.

7. We reiterate that it is necessary for the victims - all the victims, including in their case former guerrillas and their families - to be at the center of the implementation of the agreement on the Integral System of Truth, Justice, Reparation and Non-Repetition, for which the Colombian State must adjust each of its components in the face of the commitments made, which makes necessary a structural reform to the public policy regarding Reparation to victims. Ratifying our unwavering commitment to the full realization of the rights of the victims, who must be from our position the backbone of the Final Agreement, we consider it necessary to show that we have not found today, in the National Government, a dialogue mediated by a political will strong enough to be able to carry out the necessary transformations to the integral policy in terms of attention and reparation to the victims.
Consequently, we require the National Government and other branches of public power to immediately make adjustments to the comprehensive policy of victims and structural reform of law 1448 of 2011, ensuring that the contributions made by the victims during the consultation process will be incorporated, as well as what has been agreed on the expansion of the universe of victims mentioned in 6.1.10 of the Final Agreement.

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