Uprooted and Unrestored: a Comparative Review of Durable Solutions for People Displaced by Conflict

Page 40

to poor infrastructure, lack of markets, and the absence of agricultural inputs and credit for returnees who came back with nothing. 175. The 2010 guidelines are much improved in the realms of safety, security and access to judicial remedies. On the one hand the document underscores the importance of voluntary return, and on the other, it gives far greater attention to the need to ensure sustainability to return movements. To enable returnees to benefit from an integrated programme, the document calls for a planning process with attention to housing, health, education, food security, psycho social attention, land claims and income generation. The guidelines are to be managed by a Technical Council (mesa) for integrated attention. 176. At the national level the policy is managed with a multi ministerial council for returns and resettlement (Mesa Temática de Retornos y Reubicaciones) led Acción Social and encompassing Secretariats of land, basic services, housing, income generation, prevention and protection, and a secretariat of truth, justice and reparations. Importantly, this new entity is to oversee not only return movements but the previously highly flawed resettlement projects as well. The Law of Victims and Land Restitution refers to assistance for returnees and restates the minimum requirements for government to meet. 177. How the guidelines will be implemented, whether returning IDPs will, indeed, be safe and receive integrated attention, and for how long, are unanswerable at this point. It is likely that the return movements will increase significantly, with families or parts of families trying to recover their homes. 178. It is also likely that many IDPs will seek the restoration of their properties so that they can sell them and use the funds for purposes other than a permanent return. What is important is that implementing the new laws and policies can bring closure to displacement, wherever the former IDPs choose to settle. It is equally important that these laws and policies improve enforcement of human rights and justice in ways that benefit not only IDPs but the whole society. Effective enjoyment of rights 179. The phrase ‘effective enjoyment of rights’ is fundamental to what Colombians understand as the obligation of the government toward the IDP population. This phrase encapsulates the measures of Law 387 which, if fulfilled, would serve to reintegrate the IDP population up to the level of other Colombian citizens and compensating them for their losses. 180. The concept has justified what is called a ‘differential focus’ for assistance to IDPs. It means that for an undetermined period of time IDPs are to be given priority and to receive benefits not provided to other Colombians, even poor Colombians, in order to compensate for the deep losses the IDPs have suffered—including the denial of human rights in the course of displacement. The rights specified include: housing (and land), health, education, food, income generation, identity documents and incorporation in mechanisms of social protection. 181. There are disagreements as to how long IDPs should be entitled to differential treatment. The Constitutional Court has monitored how the government attends to IDPs and its rulings

36


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.