A/79/334
disenfranchisement, including the loss or destruction of property and forced
displacement due to armed conflict, development aggression and poverty. 38 The
Commission for the Clarification of Truth, Co-existence and Non-Repetition in
Colombia carried out a geospatial analysis of the geography of forced displacement
during the country’s internal armed conflict to identify which communities were most
affected by displacement. 39
47. Although many harms suffered by internally displaced persons during conflicts
might appear irreparable, a comprehensive approach to reparations and restitution
focused on enabling durable solutions can help victims of human rights violations to
begin rebuilding their lives. Reparations can take material and symbolic forms and
may be provided both on an individual basis or collectively. Reparations can also
emphasize restitution, or the restoration of victims to their situation prior to
displacement. The Special Rapporteur’s predecessors have emphasized the importance
of a robust understanding of reparations to both achieving durable solutions and
promoting accountability, noting that reparations can not only help to facilitate
reintegration through economic recovery, access to land, the re-establishment of
livelihoods and the provision of educational assistance, but can also have an important
psychological impact through recognition of the suffering that victims have endured
and contributions to the restoration of their dignity, to the extent feasible. 40
48. However, implementing reparations and restitution programmes can be
challenging in terms of resources, capacity and the selection of recipients. In
situations of large-scale displacement, providing financial compensation to hundreds
of thousands of internally displaced persons may not be feasible given resource
constraints, in particular for States emerging from crisis. Determining whet her to
issue reparations collectively or individually can be a politically charged process, and
it is equally challenging to identify who might qualify as a victim of forced
displacement and potential beneficiary of reparations, in particular in instances where
there is no formal registry of internally displaced persons. Victims of arbitrary
displacement may also have been subjected to other crimes, such as the dispossession
of their lands and properties. Such crimes may involve the participation of non -State
actors, including armed groups and civilian third parties, which can make reparations
claims processes more complex. In international conflicts, States may also owe
reparation to each other’s citizens, creating additional complications.
49. Reparations programmes related to internal displacement have been
implemented in some post-conflict contexts. In Colombia, internal displacement has
been recognized as a human rights violation that merits reparations since the adoption ,
in 2011, of the Victims and Land Restitution Act, the provisions of which have been
strengthened by subsequent legislative measures and judicial rulings. That has led to
the restitution or compensation for land and property, as well as the provision of cash
compensation to several victims and specific recognition for their displacement
alone. 41 Those measures were complemented by development plans, with a territorial
approach aimed at reducing rural inequalities, and by measures for durable solutions
in resettlement or collective return processes, as established in the country’s national
development plan. 42
50. More commonly, reparations programmes have focused on restitution for
housing, land and property issues. 43 The Council of Europe Development Bank, an
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39
40
41
42
43
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Report of the Transitional Justice and Reconciliation Commission (2016), sect. 2.1.1 and endnote 48.
See www.comisiondelaverdad.co/violacion-derechos-humanos-y-derecho-internacionalhumanitario/desplazamiento-forzado.
A/73/173, paras. 42 and 64.
Submission by the Constitutional Court of Colombia.
Submission by the National Planning Department of Colombia (2024).
See A/HRC/47/37.
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