Posts Tagged ‘Restitución de tierras’
Land in transition: transitional justice, land restitution and agrarian policy in Colombia
This new Dejusticia publication presents an analysis on the transition processes in Colombia in order to address conflicts related to land ownership, tenure and use.
Read MoreLand restitution, housing policy, and productive projects: Ideas for the post-agreement period
This document aims to examine the results of the land restitution process, with emphasis on its articulation with housing and income generation policies, central components that restitution and return require in order to guarantee victims decent living conditions in terms of livability and economic sustainability.
Read MoreIn the country side, life is much harder for women than for men
The progress made in the Peace Agreement on the recognition of the triple discrimination faced by rural women in Colombia cannot be just words and empty promises.
Read MoreSeminar: 5 years after the Law of Victims and Restitution of Collective Territories – Impact On Indigenous and Afro-Descendent Communities
5 years after the Victims’ and Collective Territories Restitution Law was passed a seminar evaluates its impact on indigenous and Afro-Descendent communities in Colombia.
Read MoreA poorly processed conflict: The Guacamayas case
In the town of Turbo, Antioquia several peasants are victims of attacks by non-identified persons, which is generating displacements.
Read MoreFive years of land restitution
While public attention has been focused on recent announcements about the peace process, the fact that the Victims’ Law just reached five years of existence has gone almost unnoticed.
Read MoreRestitution, Cabal, and Kafka
Neither the land restitution jurisdiction, nor the complaintants who Cabal calls “lazy criminals that don’t like to work,” nor much less the vulnerable rural workers that occupy the requested pieces of land.
Read MoreInternational Meeting: Land Restitution and Territorial Rights
The meeting, organized by the National University, Dejusticia, the Office for Restitution, and the Swiss Embassy, seeks to encourage exchanges of reflections and local, national, and international experiences about land restitution processes and territorial rights from the approaches of “Do No Harm” and Transitional Justice.
Read MoreAlthough imperfect, peace should also arrive to rural areas
Throughout the 20th century, Colombia passed a series of agrarian laws that regulated ownership and exploitation of the land, one of the most important causes of armed conflict. The most important were Law 200 of 1936, Law 135 of 1961, Law 1 of 1968, and Law 160 of 1994. All were ambitious proposals. Nonetheless, the implementation of these laws has been a failure.
Read MoreLand Restitution: A Matter of Justice
It has been a difficult process and there is much more to do. But the criticisms by the Solicitor General and the ranchers’ union do not have any basis when, in the contrary, they should have to double their efforts to repair the damages of such a brutal war.
Read MoreRestitution, To Fertilize or Bury?
It is valid to warn that land restitution could affect poor rural communities that occupy a piece of restituted land, as the problem of “secondary occupants” is complex and deserved to be discussed.
Read MoreNetwork of Land Restitution Monitoring Organizations Support Territorial Rights and Restitution Policy
The organizations and people who make up this Territorial Rights and Land Restitution Monitoring Organizations Network express out general support for the territorial rights and land restitution policy.
Read MoreOpen Call for Applications until March 16th
Open to professionals working for public institutions and NGOs who work on implementing land restitution processes.
Read MoreLand Restitution in Free Fall
During the first term of the Santos administration, the Victims and Land Restitution Law was passed (Law 1448 of 2011).
Read MoreWhy Are the Regulations of the New National Development Plan Regarding Paramos and Development Projects of National Strategic Interest Unconstitutional?
With six votes in favor and two against, the Constitutional Court ruled that the article of the National Development Plan that permits mining in paramos is unconstitutional.
Moreover, with a 5-3 vote, the Court decided that victims’ rights to land restitution supercedes Development Projects of National Strategic Interest.
In August 2015 Dejusticia intervened in this litigation arguing these measures’ unconstitutionality.
Read MoreIntervention Litigating Unconstitutionality of the Expression “Free of Blame” of the Evidenciary Requirements of Good Faith Which Is Necessary to Access Economic Compensation
We intervened before the Constitutional Court litigating the unconstitutionality of the formulated expression “free of blame” of the evidenciary standards of good faith, contained in the Law 1448 of 2011 (Victims and Land Restitution Law) that is a requirement to access economic compensation.
Read MoreThe Dividing Line between Opportunism and Good Business
Alejandro Reyes revived the land restitution debate: how to determine which land was voluntarily sold, despite having taken place in areas influenced by the armed conflict.
Read MoreCan a Criminal Law Judge Suspend a Land Restitution Process?
We intervened before the Constitutional Court in a writ of constitutional protection case, in which a criminal law judge ordered, as a precautionary measure, to suspend a land restitution process. The criminal case investigated the alleged procedural fraud in the land restitution process by the plaintiffs. According to the litigants (who act as defendants in the land restitution case), the restitution plaintiffs committed procedural fraud by arguing that the seeling of the land in question constitutes legal displacement.
Read MoreObtaining Restitution?
While the Solicitor General publishes reports about the implementation of the Victims’ Law, in some restitution processes he has protected and favored opposing interests.
Read MoreExpert Opinion about Administrative Reparations before the Inter-American Human Rights Court
Camilo Sánchez, transitional justice research coordinator, presented an expert opinion about the administrative reparations program and the compliance of the Land Restitution and Victims’ Law to international standards before the Inter-American Court of Human Rights, within the framework of the case “Yarce and others v. Colombia.”
Read MoreWill Santos be the Savior of Land Restitution?
In his most recent opinion piece called “President Santos, Please Save Land Restitution”, columnist León Valencia strongly criticizes some of the main policies of the Santos administration.
Read MoreLand Restitution and Gender Perspectives
In this document the authors explore why the focus on gender is important to the integral restitution of land. It also shows that this focus is both useful and necessary to the full, effective and respectful restitution of human rights of the victims.
Read MoreLand Reform in Colombia: One step Forward Two Steps Back
Land reform in Colombia, while politically sensitive, is necessary to stabilize the country and end a violent conflict that has plagued Colombians for more than half a century. Colombia’s internal fighting has deprived millions of their land and livelihood. Adopted in June 2011, Colombia’s Victims and Land Restitution Law, also known as Law 1448, is an important advance in providing restitution for those displaced by the conflict.
Read MorePrior Consultation: Dilemmas and Solutions
The book provides lessons from the drafting process of the Reparations and Restoration of Land to Indigenous Peoples decree in Colombia.
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