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07-04: Land Restitution in Post-Conflict Situations
2:00pm - 3:30pm
Session Chair: David F. Varela, Pontificia Universidad Javeriana, Colombia
Land Restitution in the context of Peace Building
Ivonne Astrid Moreno Horta
WORLD BANK, Colombia
Land restitution might contribute to consolidate peace building processes when is closely linked with the country’s overall peacebuilding objectives and in turn with their development goals, because the relationship between people and land is ultimately affected by access to markets, community ties, access to public services, and the prevention of potential conflicts.
Improving the economic situation of the restituted families is essential to restore livelihoods of returnees or resettled families, including rural development and economic activities, in a broader framework of land restitution programs, towards peace building. In this sense, it is not only dealing with restitution, return or resettlement, but to prevent future conflicts through territorial development.
The Political Economy of the Rural Agreement in the Colombian Peace Accord
George Mason University, United States of America
Conflicts over the distribution of land have been a constant in the republican history of Colombia and consensus exists around the idea that inequality in access to the resource is at the core of the pintense civil war the country has gone through.
As part of the peace agreement reached with the FARC, the Colombian Government has embarked on an Integral Rural Reform (IRR) strategy with the potential to address historical agrarian issues that have hindered the pace of development and generated protracted conflict.
However, its results are expected to alter the historical status quo and consequently affect the interests of some actors. The paper describes the political economy of the IRR agreement by identifying the actors and the issues from which either support for, or resistance to, the initiative is likely to materialize as well as the effects that this can have for a peaceful and stable transition process.
Land and Conflict: Improved Governance of Tenure to Build Peace, Food Security and Sustainable Development
Javier Molina Cruz
Conflicts over access, use and ownership of land remain as a major cause of social instability, food insecurity, and increased vulnerability of large segments of the population in many countries. While the roots of those conflicts are complex, land-related factors (such as insecure tenure rights, “legal pluralism” , and more generally poor land governance, including both legislation and institutions) are considered to contribute directly to them.
By drawing on the land policy reform experience in Colombia after the signing of the peace accords in 2016, this paper argues that the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests can provide a framework to improve governance of tenure (both legislation and institutions) which is key in all the stages of the conflict cycle, from prevention, to recovery, reconstruction, peace building and development.
Land and Peace in Colombia: FFP Methodology for Field Data Collection and Data Handling
Mathilde Molendijk1, Tatiana Santos Dukon2, Christiaan Lemmen1, Javier Morales3, Victor Endo4, Sebastián Restrepo Rodriguez5, Jhon Fredy Gonzalez Dueñas6, Ivan Eduardo Matiz Sanchez7, Piet Spijkers8, Eva Maria Unger1, Ivonne Astrid Moreno Horta9
1Kadaster, The Netherlands; 2Agencia Nacional de Tierras, Colombia; 3ITC, University of Twente, The Netherlands; 4Adterritorio, Peru; 5Departamento Nacional de Planeación, Colombia; 6Superintendencia de Notariado y Registro, Colombia; 7consultor, IGAC, Colombia; 8consultor, Colombia; 9Banco Mundial, Colombia
Effective land administration is an essential step on the road to peace in Colombia. The Colombian government plans to have a complete nation-wide land tenure coverage within seven years. The traditional approach to land administration in Colombia is not up to this policy challenge: the pace is too slow, the costs too high, the procedures too complex. Fast and effective land administration is essential for the implementation of the Reforma Rural Integral of the Peace Agreements, and to maintain public confidence in the peace process.
This paper presents a methodology for a project where fit-for-purpose Land Administration is tested at scale – after a successful field test. The test will be based on two pilot areas. These are participatory and integrated pilots, leading to cadastral maps and, more important, to land titles whenever the legal framework and institutional cooperation allows for land regularization and adjudication.