VZCZCXYZ0000
PP RUEHWEB

DE RUEHBO #0955/01 0712044
ZNR UUUUU ZZH
P 112044Z MAR 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 1878
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 8086
RUEHCV/AMEMBASSY CARACAS PRIORITY 0076
RUEHLP/AMEMBASSY LA PAZ MAR 9300
RUEHPE/AMEMBASSY LIMA PRIORITY 5995
RUEHQT/AMEMBASSY QUITO PRIORITY 6649
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4331
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY

UNCLAS BOGOTA 000955 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: DECREE ON ADMINISTRATIVE REPARATIONS FOR VICTIMS 
MOVES FORWARD 
 
REF: BOGOTA 7761 
 
¶1.  Summary: The National Commission of Reparations and 
Reconciliation (CNRR), Ministry of Interior and Justice 
(MOIJ), other government agencies, and civil society are 
consulting on a draft decree to set up an administrative 
reparations scheme.  This would avoid the lengthy delays 
under the current judicial process and provide immediate 
benefits to more than 120,000 paramilitary victims.  Key 
provisions include restitution (property and land), indemnity 
(lump sum cash payments), rehabilitation (physical and 
psychological), and recognition (symbolic acts). Accion 
Social would administer the program, with payments 
proportional to the degree and type of injury incurred. The 
decree is the first step in creating a national reparations 
plan. The GOC expects to complete consultations by late 
March.  End Summary. 
 
--------------------------------------------- - 
Comprehensive Reparations Decree in the Works 
--------------------------------------------- - 
 
¶2. Since the GOC's October 2007 announcement that it was 
considering CNRR's recommendation to implement an 
administrative process for reparations, behind-the-scenes 
consultations have taken place among the CNRR, MOIJ and civil 
society. MOIJ Vice Minister Guillermo Reyes told us a decree 
setting up an administrative scheme to make reparations to 
victims should be finalized by late March with implementation 
starting in December. Funding reparations for over 120,000 
registered victims remains a challenge, but Reyes said the 
GOC is committed to the process. The GOC will consult with 
victims groups and the international community before issuing 
the final decree. 
 
¶3. The draft decree creates a four member Committee--the 
Interior and Justice Minister, Accion Social Director, CNRR 
President, and another CNRR member representing 
victims--which will evaluate eligibility and oversee 
reparations. Accion Social will administer the program. 
Victims can opt for administrative reparations instead of the 
judicial route -- but are not precluded from pursuing both as 
long as they do not receive "double reparations" for the same 
abuse.  The draft decree makes payments proportional to the 
degree of injury or damage incurred -- for example, $10,000 
for homicide and $7500 for physical injury. It also sets a 
deadline of five years for the Committee to review 
eligibility and provide payments to all victims, but does not 
address funding issues. 
 
¶4.  Collective reparations are not outlined in detail in the 
draft decree, but "symbolic measures" discussed in the 
document will include commemorative and public events to 
recognize and honor victims, assistance in identifying 
remains, preferential access to existing social services and 
housing programs, and public education campaigns promoting 
international human rights. Some victims have called for a 
national monument and library to educate the next generation 
about the armed conflict. 
 
-------------------------------------- 
Positive Step...but Details to Resolve 
-------------------------------------- 
 
¶5. Luis Manuel Lasso Lozano, a judge who has been tracking 
the reparations issue, told us the decree was a positive step 
by the GOC to "repair relations" with victims groups who have 
criticized the slow reparations process and are resentful of 
the benefits paid to demobilized paramilitaries under the 
GOC's reintegration program. Still, the decree fails to 
recognize those responsible for the crimes and neglects to 
note any government responsibility. He said it would be 
unconstitutional to force victims to choose between a 
judicial or administrative process.  CNRR consultant Alex 
Segovia noted that it was important to ensure reparations 
provisions were clearly differentiated from existing 
government welfare programs. 
 
--------------------------------------------- ------ 
Consulting with Victims and International Community 
--------------------------------------------- ------ 
 
 
¶6. The CNRR held regional consultations in eleven cities in 
February and March to solicit civil society input on the 
draft decree. G-24 member representatives will also meet in 
March to offer comments.  The GOC has already engaged diverse 
groups including the International Organization for 
Migration--as well as Colombian human rights groups Redepaz 
and Arco Iris corporation--to seek input. Septel will report 
on victims' comments on the draft. 
 
Brownfield