Practice Relating to Rule 150. Reparation
Section C. Forms of reparation other than compensation
Peru’s Law Creating the Comprehensive Reparations Plan (2005) states:
The Comprehensive Reparations Plan comprises the following programmes: a) Programme on the Restitution of Citizens’ Rights. b) Programme of Reparations dealing with Education. c) Programme of Reparations dealing with Health. d) Collective Reparations Programme. e) Symbolic Reparations Programme. f) Programme for the Promotion and Facilitation of Access to Housing. g) Other programmes to be approved by the Multi-Sectoral Commission.
The Law also states:
The purpose of the present law is to create the legal framework for the Comprehensive Reparations Plan – CRP for victims of the violence that took place between May 1980 and November 2000 in accordance with the conclusions and recommendations in the report of the Truth and Reconciliation Commission.
Peru’s Regulations to the Law Creating the Comprehensive Reparations Plan (2006) states:
The Comprehensive Reparations Plan … has the following objectives:
b) To take measures for the restitution and full exercise of the civil rights of victims of the process of violence.
c) To contribute to the recovery of conditions, capacities and opportunities for personal development lost by victims as a consequence of the process of violence.
The Regulations also states: “The objective of the Collective Reparations Programme is to contribute to the reconstruction of the social, institutional, material and productive capital of families and rural and urban communities affected by the process of violence.”
The Regulations further states:
The objective of the Symbolic Reparations Programme is to contribute to the restoration of social ties that were broken by the process of violence between the State and its citizens and amongst citizens by publicly acknowledging the damage caused by the actions of subversive groups and by the acts or omissions of the State with a view to supporting national reconciliation.
The Regulations also state:
The following constitute forms of symbolic reparation under the Symbolic Reparations programme:
a) Public gestures, including apologies to the country by State officials; letters to victims or their relatives; public events to publicize the Truth and Reconciliation Commission’s Report.
b) Acts of acknowledgment, including acknowledging all victims of the process of violence; the innocent who were imprisoned, social leaders and civilian authorities, members of the Armed Forces, National Police and local governments, members of the Self-Defence Committees, organizations of people affected by the process of violence and organizations committed to the defence of human rights and communities.
c) Acts promoting reconciliation such as changing the symbols associated with the violence in the affected territories and changing the meaning of symbols associated with human rights violations such as closing and/or converting prisons associated with these violations, as proposed by the people affected and in coordination with them.
d) Remembering the names of those considered heroes in the achievement of peace, naming after them streets, public places, bridges, highways, a district or region, as proposed by the people affected and in coordination with them.
e) The inclusion as Heroes for Peace of every dead victim registered in the RUV [Central Victims’ Register].
f) Declaring 28 August as the Remembrance Day for the Victims of the Violence.
In 2004, in its fourth periodic report to the Committee against Torture, Peru stated:
Insofar as, according to the TRC [Truth and Reconciliation Commission], the Peruvian State has the duty to offer due compensation to all victims of violence, including torture victims, the TRC recommended a Comprehensive Plan for Reparations, … This plan makes provision for various types of reparations, including forms of symbolic, health, educational, financial, collective and other compensation.
In 2006, during the consideration of the fourth periodic report of Peru before the Committee against Torture, a representative of Peru stated: “Other programmes [of reparations] … [are] being developed for the provision of health care for victims of violence and for the exhumation of human remains.”