Presentation on theme: "Recouping Land Governance in Colombia through Land Rights Protection and Restitution April 11, 2013 Presented by: Diana M. Grusczynski Diana Grusczynski."— Presentation transcript:
Recouping Land Governance in Colombia through Land Rights Protection and Restitution April 11, 2013 Presented by: Diana M. Grusczynski Diana Grusczynski April 11, 2013
Land Rights and Displacement Diana Grusczynski April 11, 2013 Colombias civil conflict intensified in the 1990s, peaking in 2002, but maintained high levels of displacement throughout the decade. Beginning with the 1991 Constitution, Colombia begins to develop a strong legal framework land rights recognizing the social function of land and promoting access to land. Law 387/1997 adopts measures to prevent forced displacement, and Decree 2007/2001 outlines a framework for land rights protection. Source: Acción Social. Desplazamiento Forzado en Colombia. Data from Registro Único de la Población Desplazada, 2010.
Project to Protect the Patrimony and Land of IDPS This Project begins in 20003 with the goal of reducing the risk of impoverishing IDPs forced to abandon their land by developing preventative measures to protect their property and territorial rights. The interaction of weak land tenure and displacement was poorly understood when the Project initiated. Little clarity existed on how to protect land rights or work in the midst of the conflict. Data on the magnitude of displacement and dispossession of land was minimal and hotly contested. Diana Grusczynski April 11, 2013
Land Rights Protection: Individual Route Diana Grusczynski April 11, 2013 Source: Síntesis de la Experiencia del Proyecto Protección de Tierras y Patrimonio de la Población Desplazada, 2011.
Land Rights Protection: Collective Route Diana Grusczynski April 11, 2013 Source: Síntesis de la Experiencia del Proyecto Protección de Tierras y Patrimonio de la Población Desplazada, 2011.
Land Rights Protection: Ethnic Route Diana Grusczynski April 11, 2013 Source: Síntesis de la Experiencia del Proyecto Protección de Tierras y Patrimonio de la Población Desplazada, 2011.
The Protection Requests Reveal the Magnitude of the Conflict over Land Diana Grusczynski April 11, 2013 Land Rights Protection: Collective and Individual Combined Protection RoutesRightsPeopleParcelsArea (hectares) Collective 108,79178,01681,5062,549,386 Individual 39,47233,57238,5952,200,780 Total 148,263111,588120,1014,750,186 Source: Proyecto de Protección de Tierras y Patrimonio de la Población Desplazada. La Experiencia Colombiana en la Salvaguarda de los Derechos Patrimoniales de las Personas Desplazadas.
Campesinos with Informal Land Rights and Smallholders are More Likely to Be Displaced Area Total Requests Participation < 1 hectare11,5819.71% 1-3 ha10,5608.86% 3-5 ha7,5406.32% 5-10 ha10,9009.14% 10-15 ha6,8485.74% 15-20 ha4,7884.02% 20-50 ha14,24011.94% 50-1006,6285.56% 100-200 ha3,2922.76% 200-500 ha2,0161.69% 500-10006220.52% 1,000-2,000 ha2930.25% > 2,000 ha2280.19% NA39,69433.29% Total119,230 Diana Grusczynski April 11, 2013 Type of Land Tenure Recorded in Protection Requests Distribution of Protected Parcels by Size Source: Proyecto de Protección de Tierras y Patrimonio de la Población Desplazada. La Experiencia Colombiana en la Salvaguarda de los Derechos Patrimoniales de las Personas Desplazadas.
The Factors behind the Projects Success Through... Data and Analysis Research Outreach and advocacy Protection: key advisor, booster, funder, and leader of the complex institutional framework required to protect land rights Leadership Skills Human resource development International Cooperation: Paris Declaration for Aid Effectiveness Sound financial management Diana Grusczynski April 11, 2013
The Role of Colombian Institutions in Land Rights Protection Constitutional Court – 2005 ruled that the governments inattention to the displaced was creating an inconstitutional situation – 2009 demanded that the government reformulate its policy towards the displaced Acción Social (Office of the Presidency focused on poverty reduction) – Housed the Project and allowed it to operate with a great deal of flexibility – Source for data on displacement and protection INCODER (charged with rural development and rural land titling, formalization, access, and governance) – Lacking in institutional capacity and corrupt – Outdated tools and technologies to manage land rights Diana Grusczynski April 11, 2013
Law of Victims and Land Restitution Twice proposed in Congress – 1 st bill was approved by Congress, but was not signed into law by the President. – 2 nd bill did not leave committee. To build a winning coalition, then candidate Santos accepted that restitution would become a part of his platform. 2011 Law 1448 is passed. – Addresses reparations and restitution. – Creates unique legal and institutional frameworks to support IDPs claiming their land rights. – This program is supported by ample funding. Diana Grusczynski April 11, 2013
What has been Lost in the Transition from Protection to Restitution? The legal framework for land rights protection still stands. The Project implementing unit now supports the Land Restitution Unit of the Ministry of Agriculture, which does not have the legal authority to protect lands. There is no one to manage the complex institutional framework for land rights protection. A new database was created, which does not interface with the protection database (RUPTA). Diana Grusczynski April 11, 2013
Protection Activities that are Unsupported Training for staff at institutions that collect individual protection requests. Training for Committees for Transitional Justice charged with collective land rights protection. Funding for studies, especially those to identify land rights for areas at risk of displacement. Regular meetings and leadership to support complex institutional framework. Deep engagement with civil society. Donor coordination. Proactive support to the Ministry of the Interior to support the ethnic route. Diana Grusczynski April 11, 2013
Other Concerns and Opportunities Mining rights often overlap with ethnic territories threatening their territorial rights. – Migrants are beginning to outnumber Afrocolombians. – Paramilitaries extort each mining activity. – Bonanza economy decreases agricultural production and brings vice. Areas not prioritized for restitution are once again without visible land governance. INCODER and Superintendencia de Notaría y Registro have tools to restore land rights too. Diana Grusczynski April 11, 2013
Lessons for Other Conflict Scenarios Colombia has strong institutions and large numbers of skilled professions, albeit they do not extend to the entire country. In Colombia, the legal framework to protect land rights operates at 3 levels: international treaties, constitution, and ordinary laws. Creative approaches could be taken to make international treaties operational when other elements of legal framework are missing, but it is difficult to imagine how an outside institution could take on the role of the Constitutional Court whose edicts were binding on the executive and legislature. Human resource planning. Diana Grusczynski April 11, 2013
Lessons for Other Conflict Scenarios (cont.) Data collection on IDPs/refugees and abandoned lands – Work with an institution or network that is a trusted actor and has a broad presence. – Create awareness of rights, build community consensus around need to identify rights. – Build social cadasters complemented by aerial maps or satellite imagery to identify land rights. – Reach out to IDPs and refugees in their new communities. – Engage local authorities, traditional leaders, and government staff when possible. – Involve women and children as co-owners and heirs to the land. Diana Grusczynski April 11, 2013
Conclusions Recommendations... Abide by the Paris Declaration for Aid Effectiveness. Engage civil society and local authorities. Foster transparency and Be prepared. Why Nations Fail, its authors suggested that Perhaps structuring foreign aid so that its use and administration brings groups and leaders otherwise excluded from power into the decision making process and empowering a broad segment of the population might be a better prospect. Diana Grusczynski April 11, 2013