1. LAND AND RURAL DEVELOPMENT POLICY REFORMS IN COLOMBIA: THE PATH TO PEACE Tetra Tech March 14 – 18, 2016 Washington, DC

2. PRESENTATION OVERVIEW I.Context and Problem Statement The drivers and consequences of land insecurity in Colombia II.The Solutions Three key land tenure policy reforms Recovery of illegally obtained land Building land information systems III.The Way Forward ABC IV.Conclusions ABC

3. I. CONTEXT AND PROBLEM STATEMENT Land tenure insecurity prevents the government from addressing the country’s development challenges, and is responsible for an armed conflict that devastated the country for over 50 years. Lack of reliable, timely, and sufficient land data inhibits good land governance. Half of rural property in Colombia informal (ranges 25%-60%) Registering property costly and lengthy and inconsistencies exist between registry and real tenure

4. THE PEACE PROCESS IN COLOMBIA The General Peace agreement stated the principles and conditions required to put an end to armed conflict. 6 point are to be developed. Comprehensive Rural Reform (RRI) is the first agreed-to point of the peace negotiations between the Government and the FARC. The objective of RRI is to transform conditions of rural areas and create conditions of wellbeing so that the country can start building stable and long-lasting peace. Land governance has a predominant role in RRI

5. SOLUTION #1: KEY POLICY REFORMS The Mission for the Transformation of the Colombian Countryside Comprehensive Rural Reform National Development Plan (2014- 2018)

6. POLICY REFORM #1: MISSION FOR TRANSFORMATION OF THE COLOMBIAN COUNTRYSIDE (CONT’D) CHALLENGESSOLUTIONS 1.Individual requests and solutions 2.Scattered implementation 3.Highly complex 4.Lack of capacity to enforce 5.Lack off access to information 6.Allocation and recognition of property rights are not related to local conditions 7.Reality exceeds theoretical conditions established a decade ago 1.Provide public services through large-scale focalized operational processes throughout the country 2.New National Land Agency 3.Creation of Agrarian Jurisdiction 4.One flexible, simple, broad legal framework 5.Access and formalization of land tenure should acknowledge real legitimate (non-violent) tenure 6.Restrictions to formalize based on land extension should be eliminated.

7. POLICY REFORM #2: COMPREHENSIVE RURAL REFORM Pathway out of conflict is secure land tenure, access to land, and improved rural development Point #1 of the peace accords mandates “Comprehensive Rural Reform,” including: Creation of Land Fund and Access to land Massive land formalization Creation of agrarian court to manage land conflict Creation/update of a multipurpose land cadaster These reforms establish the general criteria needed to reverse the effects of conflict in rural areas concerning land tenure.

8. POLICY REFORM #3: NATIONAL DEVELOPMENT PLAN Granted President extraordinary powers to create National Land Agency, which was established on December 7 th, 2015. Established a new legal regime for recovery and redistribution of illegally state-owned land to vulnerable populations. Included measures that massive rural land formalization, including authorization for funding and procedures that resolve land information discrepancies. Article 107 Article 102 Articles 103/ 105 NDP is the legal tool that ensures the correct conditions for implementation of the policies.

9. IMPLEMENTING THE POLICIES: INSTRUMENT #1 RECOVERY OF ILLEGALLY OBTAINED LANDS WHY?MANDATEPROCESSCHALLENGES Approximately 1 million hectares of state-owned land were illegally awarded during the years of conflict. This occurred in many areas where there was no state presence. Constitution Court orders the GOC to identify all instances of illegal acquisition of state land, nationally 1.Identify state-owned lands awarded irregularly through ownership proceedings 2.Adopt a national plan for identifying misappropriated state- owned lands throughout the country 3.Adopt actions for their legal and material recovery 1.Many people acquired this land in good faith through what though were legitimate transactions. These people would be displaced. 2.Another generation of conflict could be created.

10. IMPLEMENTING THE POLICIES: INSTRUMENT #2 THE LAND NODE WHY?MANDATEPROCESSCHALLENGES Land information is currently housed across eight agencies and 25 different information systems. Information not reliable, timely, or sufficient, which prevents effective land administration Victims Law enacted which orders institutions involved in land management to provide accurate land data to the restitution unit. Long term, this benefits all land related governance 1.Build inter- institutional agreement 2.Dovetail with existing MINTIC systems to avoid creating additional, unrelated, or parallel systems 3.Motivate entity commitment to comply with protocols and to maintain and update the system sustainably going forward 1.Each entity needs to take specific and different measures to comply with the Land Node agreement. (ex: file digitization) 2.Long term maintenance and management 3.Node has potential to benefit all land processes, but these processes have different info requirements

11. Current state of land tenure: Have contributed to the persistence of the Colombian conflict. RRI and the Mission for the Transformation jointly propose significant policy measures First steps towards its implementation  The National Development Plan and the decrees. Review of the RRI commitments and the Mission’s recommendations bring to light the need to move forward in the design and implementation of additional measures Flexible and broad faculties of the National Land Agency Strong mandate to other agencies to provide services is a condition to a successful land governance in Colombia Land Restitution Policy is headed in the correct direction. It has advanced in a comprehensive reparation including projects for victims livelihoodand and restitution of their homes, which contributes to sustainability, peace building and reconciliation. Colombia has now a major challenge in executing a comprehensive land policy for the whole population of its country. CONCLUSIONS AND WAY FORWARD

12. 1.New legal framework 2.Review of the substantial rules to acquire and acknowledge property rights 3.An agrarian jurisdiction; 4.Participatory process 5.A new operational framework (for massive supply processes) CONCLUSIONS AND WAY FORWARD Basic requirements and challenges to put in place Land Tenure Public Policy in Colombia:

13. LAND AND RURAL DEVELOPMENT POLICY REFORMS IN COLOMBIA: THE PATH TO PEACE Tetra Tech March 14 – 18, 2016 Washington, DC