Land restitution and women in Colombia Henrik Wiig Department of International studies Norwegian Institute of Urban and Regional Research World Bank Land and Poverty conference, session 05-04: “Land issues in Colombia: From dispossession to restitution” Tuesday, 24/Mar/2015: 4:30pm - 6:00pm, MC 4-800

Land conflicts throughout history Long history of conflicts – 1800 incidences – War of the 1000 days, – ”The violence” – Current violence, Weak central state, semi-feudal countryside – Limited implementation of laws in rural areas – Previous land reform gave way to current conflict – Paramilitary influence in congress

Land reform and restitution: separate ways Land restitution in Victims’ Law of 2011 – Pres. Santos initiative, no FARC involvement – Land lost since 1991 to original owner(s) – Dual purpose: (i) to assist poor victims and (ii) reinstall respect for private property War ↔ Window of opportunity, break vicious circle “Integrated rural reform” as part of ongoing peace negotiations with FARC – Redistribution 10 million ha of (state) land

VL focus on women Differential and preferential treatment – Priority access for women at all stages of the process – Specific measures to reach women Women’s groups Outcome – Neighbors identify women’s plots – Women fear presenting claims – Women do not intend to return Single mothers, fear and bad memories, not farmers – Small areas covered, all applicants treated equally

Microfocalized zone – Municipality El Carmen de Bolivar

Joint ownership as redistribution of capital from men to women Father (and mother) Son Daugther Wife Inherit law states sons and daugthers have equal rights Victimes Law’ impose joint ownership man and woman – Last minute entry in VL without public discussion or knowledge – Still no spesific regulations to single out Civil code, inherit/brought remains individual Confiscate private property to compensate structural discrimination – Rights to unregistered land not possible to transfer – Accept informal rights for households, but not individuals

Slow process 431 sentences (June 2014) 834 parcels (possibly several plots in each) 3500 individuals (51% women) HA land restituted (70% in any use) applications << 5 million displaced – Restitution process stops after 10 years Source: URT, by Land Observatory URT: A 31 de diciembre de 2014, de las solicitudes inscritas al RTDAF ( applicants), se encuentran con solicitud de restitución (en demanda) solicitudes. Se destaca que de las solicitudes con demanda, solicitudes ya cuentan con sentencia de los jueces de restitución de tierras que corresponden a predios, núcleos familiares beneficiados y hectáreas.

Survey to fill info-gap Survey 499 displaced households early 2014 – Last large scale survey in 2009, Gov/NU – Gutierrez, Land Observatory, 5 universities – Respondent driven sampling (snowball) Hidden population, no good registry Sensitive information, stigma Initial informants given by NGO/Municipality – Only municipalities with micro-focalized area Heckathorn (1997,2002), representative if – Possible connection between any displaced – No isolated groups or circular recruiting – Sufficient rounds (7) – Informant recruit new, monetary incentive + max 5 – Markov process, prob x1 = f(x0) → x7 = population – Only displaced HH in Bogota and Barranquilla – Weights calculated – 86% with weights vs. 84% without fear displacement

Men more land, single mothers, single men, same education Large share remain singles after loosing spouse

Divorce as important as death of spouse Less women intend to apply and return

Similar knowledge of restitution program More formal landownership than expected Most important plot 88% only one plot 53% claim (some) title

Hardly any progress in restitution process Few women will farm, many will sell

Women fear more than men Direct threats/warning before chose to leave

No support for joint titling if inherited land

Women go to market alone (91%) Couple walk side by side (85%) Women can earn more money than men (90%) …but wives should obey husbands! Gender culture

Women influence economic decisions – Women perceive only responsible, men joint responsability

Conclusions Restitution slow and difficult process – Complicated evidence and judicial process – ’Bona-fide’ farmers evicted, more idle land Only some micro-focalized, coordination not possible – Prefer monetary compensation and urban life – Team does not find clear cases of return in Coast – A political compromise between full-fledged redistribution and large-scale agriculture? Women’s rights reasonably protected – Access to information and participation – Court can order joint titles against standing gender ideas – Women do not want to return!