A/65/44
Humanitarian Law1 and take into account the five elements of that right; restitution,
compensation, rehabilitation, satisfaction and guaranteed non-repetition. Particular
attention should be paid to gender issues and to victims who are children, AfroColombians or indigenous people. Resources should be specifically assigned to provide
psychological and social care.
Restitution
(26) The Committee is concerned about the threats against victims of forced
displacement who have asked for the return of their land. It notes that those mainly affected
are peasants, Afro-Colombians and indigenous people. The Committee is concerned that
land belonging to displaced persons has been seized by illegal armed groups and in some
cases sold to third parties for monocultivation and exploitation of natural resources (art. 14
of the Convention).
The Committee urges the State party to adopt effective measures to ensure the return
of land to victims of displacement and to respect the land ownership of peasants, AfroColombians and indigenous people.
Right to truth
(27) The Committee is concerned that the mechanisms established by Act No. 975 of
2005 fail fully to guarantee the right to truth, in spite of the references made thereto by the
Act, and that this right is in practice restricted to procedural truth. While acknowledging the
work carried out by the National Commission for Compensation and Reconciliation, the
Committee notes that the Commission is mainly made up of States bodies (art. 14 of the
Convention).
The Committee recommends that the State party adopt effective measures to
guarantee the right to truth and that it consider establishing an autonomous,
independent truth commission.
Sexual violence
(28) The Committee is concerned about the high incidence of sexual violence and about
its use as a weapon of war. It regrets the failure to take all necessary measures to ensure
compliance with Constitutional Court order 092 of 2008, and the lack of information on the
relevant investigations. It expresses concern about the rapes reportedly carried out by the
security forces, noting the lack of firm action, and the absence of investigations to identify
the perpetrators. It is also concerned about the failure of the mechanisms established by Act
No. 975 of 2005 to reflect crimes involving sexual violence and by the fact that they are not
always documented in forensic reports, despite the instructions that have been issued (arts.
2 and 16 of the Convention).
The State party should adopt effective and urgent measures to eradicate sexual
violence, particularly when used as a weapon of war. In particular, the State party
should comply with Constitutional Court order 092 of 2008 and investigate the
relevant cases. Sexual violence reportedly committed by the security forces should be
investigated, tried and firmly punished. Measures should be implemented to ensure
the full and systematic application of the instructions requiring signs of torture or
sexual violence to be documented in forensic reports.
1
GE.10-44721
General Assembly resolution 60/147, annex.
25
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