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Colombia's 'Victims Law' is discriminatory

A draft law in Colombia aiming to grant reparation to victims of the country's 40-year conflict has been called "discriminatory" by Amnesty International.

Under the current draft, victims of paramilitary and guerrilla groups will be able to receive almost immediate monetary compensation via administrative decision.

However, victims of the security forces – including the families of the thousands of victims of extrajudicial executions and enforced disappearances – will only be compensated if and when the perpetrator is found guilty in a court of law and as long as the agent committed the crime with "intent or serious negligence ."

Early next month, Congress is due to debate and vote on the draft law on "measures to protect victims of the violence", known as the "Victims' Law".

The original draft of the bill was changed beyond recognition by the pro-government majority in the First Commission of the House of Representatives following a vote on 13 November.

"The original draft did offer some hope of reparation to the numerous victims of human rights violations in the Colombian conflict. The new draft, if approved, will create a discriminatory hierarchy of victims, with those claiming compensation because of abuses by guerrilla and paramilitary groups more likely to receive it than victims of the security forces," said Marcelo Pollack, Colombia researcher at Amnesty International.

"Given the major problem of impunity in Colombia and the slowness of the justice system, it is highly unlikely that any of these victims will ever be compensated."

In a statement issued on 14 November, the Office in Colombia of the UN High Commissioner for Human Rights stated that in discriminating between different types of victims the bill failed to comply with international principles.

These principles included those in the UN General Assembly's Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which prohibits "any discrimination of any kind or on any ground, without exception".

Amnesty International is also concerned that the draft law is ambiguous about whether victims of violations of international humanitarian law (IHL) are included.

There is also a denial of compensation to future victims of the conflict and to victims of state agents other than the security forces.

The law in its present form fails to effectively address the restitution of millions of hectares of land misappropriated, mainly by paramilitary groups, and often violently, from millions of Colombians, especially Indigenous Peoples, Afro-descendants and peasant farmers.

There is also a failure to acknowledge the state's "responsibility" in compensating victims, referring only to the fact that the state will compensate victims out of "solidarity". This is a denial of the state's responsibility in abusing human rights and violating IHL.

The thousands of recent victims and their families of paramilitary violence will not be eligible for compensation, since the government continues to deny that such groups still operate following a government-sponsored demobilization process.

"By excluding so many past, present and future victims the government is undermining their right to truth, justice and reparation, and is distorting the reality of the conflict, in which all parties continue to abuse human rights and violate IHL," said Marcelo Pollack.

http://www.amnestyusa.org/document.php?id=ENGNAU200811258389&lang=e

By pobrecito on Nov 30, 2008, 05:55 in Politics & the war.

Gator says on Nov 30, 2008, 07:29:

Amnesty International's standard comment when it considers a country conservative

UN High Commission for Human Rights has these bastions of human rights, Angola, Bangladesh Bolivia,

Burkina Faso(was not sure if this was a new fast food sandwich or not but included it anyway)

Cameroon China Cuba Djibouti Egypt Gabon Ghana Indonesia Jordan Malaysia Nicaragua Nigeria Pakistan Qatar Saudi Arabia Senegal Zambia .

I will sleep better tonight knowing this is my watchdog.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Pappassito (☼Travelguide writer) says on Nov 30, 2008, 09:03:

I hear `ya Gator.. Typical leftist bullshit.

"A wise monkey never monkeys with another monkey's monkey."

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pobrecito says on Nov 30, 2008, 12:08:

The arguments of Pappassito are at a very high level.
Demonstrate why it is shit.

For you false positives never took place ? So the law is not discriminatory ...

Poor USA.

No mas Tasco66 !

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Pappassito (☼Travelguide writer) says on Nov 30, 2008, 12:19:

No wonder you live in france with the frogs. Constant whining... Man up & grow a pair,son.

"A wise monkey never monkeys with another monkey's monkey."

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pobrecito says on Nov 30, 2008, 13:26:

And you in USA with the Palin family. Brrrrr.

I am always waiting for your arguments. But You have none ?

No mas Tasco66 !

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Pappassito (☼Travelguide writer) says on Nov 30, 2008, 13:38:

Palin lives in Alaska.. I live in Texas, since you are so geograhically ignorant. My time is much too valuable to get into pissing contests with bitter little anke-biters.

"A wise monkey never monkeys with another monkey's monkey."

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pobrecito says on Nov 30, 2008, 13:40:

Texas jajaja country of racists and conservatives

No mas Tasco66 !

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Pappassito (☼Travelguide writer) says on Nov 30, 2008, 13:44:

Good.... I guess that means you won't be visiting anytime soon.

"A wise monkey never monkeys with another monkey's monkey."

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pobrecito says on Nov 30, 2008, 13:47:

There are more interesting countries to visit, sure and without guys like you.

No mas Tasco66 !

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Man Tequila says on Dec 1, 2008, 00:05:

Gator is right that the bastions of the UN Human Rights Commission can be a little hypocritical.

Though I wouldn't completely dismiss AI's concerns -- I am not sure I would call this "discrimination". I am sure there are cases where victims of the excesses of paramilitary groups deserve redress.

Aunque no me creas/ si me lo propongo/ lograre olvidarte/ porque a fin de cuentas/ no soy tan cobarde./ Y termino todo una de estas tardes/ no sera dificil buscar algún sitio donde refugiarme/ donde nunca mas vuelvas a encontrarme. (Polo Montañez)

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Monita Linda says on Dec 1, 2008, 04:43:

"human rights" fighters are more hypocritical than the typical lefty

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