Wednesday, May 25, 2011

The Colombian Senate approves a law to compensate the victims

A large majority of the Colombian Senate has approved this morning Victims Act to repair the millions of people affected by the internal armed conflict entrenched in this country for over 50 years. The law recognizes as a victim to anyone who has suffered an attack since January 1, 1985, regardless of who has been a guerrilla, paramilitary or an agent of the State.

Also includes the replacement of land lost by the displaced since 1991. It is estimated that there could be more than four million beneficiaries. After a debate lasting more than nine hours and a consensus that had become entangled in recent weeks, the agreement was reached by surprise.

Liberal Senator Fernando Christ took the initiative, "he reminded his father killed by guerrillas 14 years ago and praised the attitude of the president Juan Manuel Santos who made this project, which was torpedoed during the government of Alvaro Uribe, in his flag. Since coming into office committed to the initiative.

"If you only do this it will be worthwhile for me to be president," said Santos a few days of his inauguration. Former President Uribe, in contrast, had disagreed with several aspects of the law. Rejects that matches the victims of the guerrilla with the paramilitaries and state agents, and to accept, as does the law explicitly that no armed conflict in Colombia.

He talks about a terrorist threat. During the debate in Congress tried to impose their views through their faithful followers. The approved accepts the existence of armed conflict, but makes clear that there will be no recognition or legitimization of terrorism. "The victims wanted more, but it is a good law," say those who accept it, recognizing the gaps.

The leftist Alternative Democratic Pole tried to amend articles 105 and 210 as provided by law, but their arguments were rejected. "Victims Act is crucial because first adopts a rule that broadly speaking to compensate the victims," said Ivan Cepeda this newspaper, a Congressman from the Pole.

He adds, however, that "fundamentals are weak and extremely limited scope." Fiscal sustainability was the argument that marked the debate and did not allow more generous compensation. Cepeda also fears for the victims who fall outside the law. Among them, the more than 100 politicians and thousands of members of the Patriotic Union, a party founded after the peace agreements with the FARC in 1984, killed by paramilitary groups, members of the army and drug traffickers.

Or, the "false positive" civilians killed by soldiers to swell the statistics of guerrillas killed in combat. The newly passed law also provides for the issue that is at the center of the violence: land. Provides the tools that will allow state, in the words of the Minister of Agriculture, Juan Camilo Restrepo, "to settle a huge debt to the displaced." Official figures acknowledge that more than 450,000 families were robbed of at least two million hectares.

Another four million were abandoned after fleeing in disarray from its owners. Some NGOs speak of theft much higher. The State will rely on the complaint of the victims: the accused are the ones to prove their right over land. The task that is from now on is great: fit the institutional framework to enable this restitution, protect the leaders who claim their land, as continuing to kill and ensure the return of IDPs to areas where conflict is still alive.

For the implementation of the law is still to a reconciliation between the two chambers and is signed by President Santos. And will run for 10 years.

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