First social then legal: what 902 decree – law changed. Follow-up on the Colombian Peace Agreements and land tenure issues II
Colombia Rural, Colombia
Decree Law 902 was signed by the Colombian Government after 1.5 years of preliminary discussion and was recently ratified by the Constitutional Court as a valid agrarian law issued in compliance of Point No. 1 of the Peace Agreements. This paper studies the extent to which the decree complies with the compromises, how they address land tenure policy and what is still missing.
One of the main features of Decree-Law 902 is the design of the legal process as a dependent product of the interaction between rural inhabitants and authorities and the informal institutions currently operating. Properly implementation of Decree 902 implies intrusion of the social perspective over the formalities of the traditional legal approach and requires the development of a new way to create and apply law. Decree-Law 902 creates the basis for what could be a new rural justice still pending for a legal development: the agrarian court.
Between over-innovation and business as usual: another look at the reasons for delay in the implementation of the rural dimension of the Final Agreement in two departments of Colombia (Caquetá and Putumayo).
1CIRAD, France; Network for applied research on Transitions in Latinamerica and the Caribbean; 2Foundation CERSUR, Colombia, Network for applied research on Transitions in Latinamerica and the Caribbean
The “Final Agreement" signed on 24 November 2016 has been presented as being innovative with respect to other peace agreements. However the first evaluations on implementation point at shortcomings, specifically regarding those measures involving the rural dimension of the agreement. The authors argue that the low rate of implementation of the rural dimension observed in Caqueta and Putumayo, should be sought, firstly, in the quality of the formulation of the text of the agreement itself and the process through which it was produced; secondly, in the way in which the national government steadily added financial, institutional and organizational arrangements for implementation, into the existing State apparatus, without questioning and rethinking its functioning thus far; finally in the way the international “community" managed external resources for support of the implementation. The authors then suggest alternative paths, with a focus on the future managing of land issues in the two departments.
Land markets, social networks and land-grabbing in Colombia.
George Mason University, United States of America
During the past three decades Colombia witnessed what can be cataloged as the most recent chapter in its history of agrarian conflicts, when massive extensions of land were abandoned by internally displaced populations and their property rights were affected during their absence. Simply put, large tracts of land were stolen while people were running for their lives. In the Colombian context this has been labeled as land-grabbing.
Social Network Analysis techniques are used to analyze the context following intense armed conflict in the municipality of El Carmen de Bolivar, where large extensions of land were purchased by a few individuals foreign to the region from local owners forced to leave as a consequence of mass violence. Based on information contained in judicial decisions, it proposes an alternative, network-based explanation for the mass land-theft that occurred in the country in the past thirty years.
Effects of land tenure formalization on illicit crop production in Colombia
WORLD BANK, Colombia
Colombia must address longstanding structural deficiencies that have disproportionately affected rural communities, including illegal crops (171.000 hectares. UNODC/2018). Addressing the conditions of poverty that drove thousands of smallholder farmers to illicit crop cultivation, includes securing their land tenure rights. The average land tenure informality is 60%; while in areas with illicit crops, can reach up to 80% (National Land Agency/2017).
Land titling in drugs-affected contexts increases the sustainability of substitution programs. Municipalities with higher levels of formal property rights witnessed a greater reduction in illicit crops; in fact, the formalization of one hectare of land is associated with a decrease of approximately 1.4 hectares of coca crops (Ministry of Justice and UNODC/2017).
In this sense, in the illicit crops affected areas, the rural cadastre and land tenure formalization measures, should be strengthened. This along with productive projects, affordable housing solutions, improvement of public goods and security conditions.
Extended models from the Colombian LADM Profile as support of Territorial Planning
1IGAC, Colombia; 2BSF Swissphoto, Colombia; 3BSF Swissphoto, Spain
Colombia faces transcendental changes to define public policies related to land governance because of the Peace Process between the FARC and the Colombian Government. Among other initiatives, Colombia has been working on the construction of the Multipurpose Cadastral Data Model. This will help to define the expansion phase to the entire country, where the inter-institutional participation will be crucial.
The Project “Modernization of Land Administration in Colombia”, funded by SECO, has supported the Government in developing a Colombian profile of the norm (LADM-COL) and the building of the extended models for land administration, focusing on the land-use planning one (LADM-COL-OT).
The document presents the stages that have been identified and the tools that have been developed to define and put into operation the LADM-COL models based on INTERLIS and the challenges that Colombia will face to consolidate the concept of the modularity through definition, building and implementation of new models.