VICTIMS REPARATION FUND: RESOURCES FOR VICTIMIZERS AND NOTHING FOR VICTIMS

6.09.07

Since 2005, while the Colombian government has been implementing hundreds of productive projects, training courses, scholarship funds, and agreements with economic groups to encourage the reintegration of demobilized paramilitary members, thousands of paramilitarism’s victims patiently await the distant chance of receiving an economic reparation, through the recently created Victims Reparation Fund, for the crimes against humanity perpetrated against their loved ones.

This Fund, administered by the Presidential Agency for Social Action, nonetheless does not have the necessary resources. This is true not only because, knowing “they only have to turn over or declare assets of illicit origin”, [1] paramilitary members have employed all kinds of legal maneuvers (including the use of front men, offering legally unresolved assets, and the devolution of property through productive projects favoring demobilized persons); but also because, as of July 26 2007, the Victims’ Reparation Fund “has only received assets from the demobilized Mr. Manuel de Jesús Pirabán, alias Don Jorge or Pirata.” [2] These assets comprised two farms (one of 910 hectares and the other 955 hectares), three 200 square meter lots, three SUVs, 152 creole bulls, and two horses. [3]

Furthermore, up to now, the Fund has yet to receive any foreign donations or resources from the national budget for its operation. [4] Paradoxically the High Presidential Council for the Social and Economic Reintegration of Groups and Persons in Armed Revolt has received international aid, which, according to its director Frank Joseph Pearl González, has a 294 billion peso budget (apx. US 150 million dollars) [5] as well as 40 projects with private support and the possibility the US government will commit US $51 million over the next three years.

According to the High Counselor, by January 31, 2007, the Accompaniment System reported that 26,790 demobilized paramilitaries, out of a total of 31,521 demobilized paramilitaries- received some sort of benefit, which includes humanitarian aid equaling 358,000 pesos per month (apx. US $165 dollars), even if they are not attending workshops or courses. The whereabouts of the remaining 4,731 demobilized persons are unknown.

And even though a total breakdown of the reintegration process is spoken of (since it appears part of the first 5,276 million pesos, apx US $2.6 million, invested in this process has been lost), the truth of the matter is that, since 2005, the national government has been implementing what at the time were called Productive Projects for Peace, as part of the foundation for the creation of business projects in the areas where mass demobilizations took place, namely Urabá, Southeastern Antioquia, Cundinamarca, Tibú (Norte de Santander), Palmira (Valle de Cauca), Córdoba, and Southern Magdalena. [6]

In effect, of the 2,624 demobilized paramilitaries who should be employed in 41 economic projects in nine departments, presently less than a fourth of them are still involved with these projects. For instance, even though the government allocated 600 million pesos (apx. US $300,000) to produce stevia (a natural sweetener) for 300 former paramilitaries from the bloc commanded by paramilitary boss Hernán Giraldo, only five demobilized persons were growing this crop by July of this year. [7]

With this in mind, while the victims of paramilitary groups do not have any real psychological support, or receive any humanitarian assistance, to be able to travel to and attend the voluntary confessions given by their victimizers and they struggle to make enough money to provide for their families, which have been forcibly displaced by threats and persecution, it is astounding that, despite the conclusive breakdown of this process and the billions of pesos that have only produced losses, demobilized paramilitaries continue to receive counseling, healthcare, education, psychosocial assistance, and job training at any one of the Referral Centers established by the government for said purpose, as is the case in Antioquia. [8]

In this regard, once again the paramilitaries are the only persons to clearly benefit from the government’s decisions with respect to the Law of Justice and Peace, while the victims continue to be affected and victimized. Moreover, the victims will only be beneficiaries of the Fund, if they are able to participate directly in the interlocutory proceeding for reparation and come forward and prove the paramilitary boss or bloc perpetrated the crime; if the particular case reached a sentence; and, of course, if the reparation fund is able to obtain money to make reparations.

In an interview with the newspaper El Espectador in 2005, Mancuso said it right: “the productive projects and the demobilized persons full return to civilian life are generating an available capital for when we want to use them as a political trampoline.” [9]

In conclusion, up to now, not a singe peso has been designated to make reparations to the victims. The fund is a fantasy. In addition to the absence of truth and justice, it is one more fraud clearing the way for the victims to go before the International Criminal Court, or other bodies, to search for truth, justice and reparation.

[1] Article 9 of Decree 3391 of 2006, which goes against Constitutional Court ruling C-370 of 2006.

[2] Reply to the right to petition presented by the José Alvear Restrepo Lawyers’ Collective, signed by the technical deputy director of the Office to Assist Victims of Violence (Presidential Agency for Social Action).

[3] Presidential Office, SNE, May 25, 2007.

[4] Reply from Social Action, July 26, 2007.

[5] Todos Tenemos que Ayudar a Reconstruir este País. El Espectador newspaper, December, 2006.

[6] Arrancaron los Proyectos Económicos de los ’Paras’. El Espectador newspaper, March 13, 2005.

[7] La Reintegración de los Ex-Paramilitares Alcanza los Tres Años de Rezago. El Tiempo newspaper, August 11, 2007.

[8] ¿En Qué Va el Proceso de Reincorporación de las Auc? For more information, see: file:///C:/Documents%20and%20Settings/Administrador/Escritorio/ desmovilizados/EN%20QU%C3%89%20VA%20EL%20PROCESO%20DE% 20REINCORPORACI%C3%93N%20DE%20LAS%20AUC%20super.htm

[9] Salvatore Mancuso Dice que “Lo Ideal es Crear una Guardia Nacional.” El Espectador newspaper, August 7, 2005.

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