Survivors in
Colombia.
© Luis Benavides.
El Espectador.
3 March 2014, London, UK.
Spotlight Colombia’s victims’ Law
In support to the Seminar on the Book “Surviving Gun Violence, Disability and
Recovery”. UCL, Global Disability Research Group.
PILAR REINA, Small Arms Survey
S
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Today’s talk
S Overview & Background
S Scale and Scope
S Progress and Challenges
2
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Today’s talk
S Overview & Background
S Scale and Scope
S Progress and Challenges
3
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Overview
S Signed on 10th June 2011;
S It recognizes the State’s responsibility for the consequences
of the ongoing internal conflict;
S The law dictates measures of support, assistance and
comprehensive reparation to victims of the internal armed
conflict, and establishes other provisions;
S Marks a significant re-thinking of transitional justice
implemented (e.g. South Africa and East Timor).
4
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Background
S Longstanding conflict: More than 40 years (other e.g.
Israel/Palestine & India/Pakistan);
S Major actors: Guerrilla, Paramilitaries, and States Security
Forces;
S Producing massive displacements, disappearances, and
kidnappings;
S Most Affected: Indigenous communities, Afro descent and
the poorest population.
5
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Today’s talk
S Overview & Background
S Scale and Scope
S Progress and Challenges
6
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Scale
S Estimates indicate that in the last 20 years alone 70,000
people have lost their lives to the conflict; between 15,000 50,000 have disappeared;
S Since 1963, over 25, 000 people have been kidnapped;
S By 2008, an estimated 4.6 million people, or 10% of the
population, had been dispossessed or forced to abandon
their land.
Source: Inter-American Commission on Human Rights (2004) and Guzmán et al. (2010)
7
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Scope
S Art. 3 invokes the term ‘victims’ broadly, and includes people who have
been killed as well as survivors:
“any persons who have individually or collectively suffered damage as a
result of violation of International Humanitarian Law or severe and
manifest violations of the norms of International Human Rights, which
occurred in the context of the internal armed conflict.”
“The spouse, permanent partner, same sex partner, first degree relative or
executor of the estate of the direct victim, when that person has died or
disappeared; or in the absence of these, second-degree relatives.”
“Persons who have suffered damage when they intervened to help a victim
in danger or to prevent victimization.”
Source: Ley de Víctimas y restitución de tierras (2011)
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Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Scope
S The Law states that the term ‘Victims’ is “independent of
whether the perpetrator of the violation has been identified,
caught, prosecuted or sentenced, and regardless of any
relationship that may exist between the perpetrator and the
victim.”
S The Law covers “Victims of abuses committed by
government forces and non-state armed groups.”
S Members of State Security do not receive benefits from this
Law neither members of illegal armed groups, unless they
were aged under 18.
9
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Today’s talk
S Overview & Background
S Scale and Scope
S Progress and Challenges
10
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Progress
S Since 1 January 2012, the Colombian Government has delivered
over 800,000 hectares of land;
S 130,000 ha. more were expected to be delivered to about 10,000
in 2013;
S A total of 3.5 million ha are expected to be delivered in 2014;
S 6.6 million ha (13.3 million acres), or 12.6% of Colombia’s
agricultural land, are subject to the restitution law.
11
Seminar on the Book “Surviving Gun Violence, Disability and Recovery”.
UCL, Global Disability Research Group.
Challenges
S Ongoing conflict (peace talks since Oct. 2012);
S Violence by armed groups target survivors claimants;
S Transitional Justice processes are politically and
institutionally complex and lengthy.
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Questions
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