Abstract

CANO ROLDAN, María  and  CARO GARZON, Octavio Augusto. The great difficulties of the administrative reparation of the victims of the violence in Colombia Some comments with respect to the implementation of the decree 1290 of 2008. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2011, vol.41, n.115, pp.451-497. ISSN 0120-3886.

This articles aims to review how the Colombian government has been developing its public policy on the reparation of victims in the armed conflict, through the mechanism of administrative reparation, which was chosen by the administration of the ex-president, Álvaro Uribe and defined in Decree 1290 of 2008. First, some comments will be made about the background of this mechanism. Then, the conclusion will be made that the effectiveness pursued by this decree is of a symbolic type, or in other words, more than being a public policy that is oriented at detaining the victimization that part of the national population suffers, what this mechanism aims to create is an imaginary idea that the victims of the armed conflict are truly being assisted, although the assistance materializes solely in the delivery of a sum of money -by way of supportive compensation- to some of the people that claim to be victims. This text seeks to contribute to the reflection regarding the grave shortcomings in the implementation of Decree 1290 of 2008, with the intention of enriching the national debate about the future implementation of the Victims Law -Law 1448 of 2011- in the years to come.

Keywords : administrative reparation; victims; State responsibility; symbolic efficacy; instrumental efficacy; Colombian armed conflict.

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