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

2. INDEX I.Introduction II.Public Policy on Land Tenure III.Recovery of unduly obtained lands IV.Node for Land Restitution V.Conclusions

3. I. INTRODUCTION 20% to 45% OF THE LANDS WITHOUT REGISTERED PROPERTY RIGHTS Estimation is most likely underestimated due to lack of information A registered property right does not assure consistency between real tenure and property rights. 18.822 CASES OF ARMED CONFLICT HAVE BEEN SOLVED Restitution Unit has received 87,119 restitution claims Involving a total of 71,796 parcels accounting for 179,501 hectares of land. During design of policy estimates indicated 352.847 families abandoned or were forcibly pushed from their land Land tenure and access have gained a prominent position in the country's political and public agenda. A new comprehensive land policy is being developed through three key policy initiatives:  The Mission for the Transformation of the Colombian Countryside  Comprehensive Rural Reform included in the peace negotiations  National Development Plan 2014 – 2018; Land Restitution Policy to repair victims of armed conflict was designed (2007 – 2011) and now on execution LACK OF RELIABLE, TIMELY AND SUFFICIENT INFORMATION FOR LAND GOVERNANCE

4. Mission for transformation of Colombian countryside OPERATIONAL ANGLE 1. Individual requests 2. Scattered implementation 3. Individual solutions Planned public interventions to supply public services through large-scale focalized operational processes throughout the country. INSTITUTIONAL AND LEGAL VISION 1. Lack of capacity to enforce 2. Lack of access to reliable, timely, sufficient information 3. High complexity 1. New National Land Agency. 2. Creation of an Agrarian Jurisdiction. 3. One flexible, simple, broad legal framework POLICY CHANGE ON LAND ADMINISTRATION 1. Allocation and recognition of property rights are not related to local conditions 2. Reality exceeds theoretical legal conditions established a decade ago 1. Access and formalization of land tenure should acknowledge real legitimate practices (non violent) 2. Restrictions to formalize based on land extension should be eliminated. I. PUBLIC POLICY ON LAND TENURE

5.  A comprehensive policy for the social structuring of rural property’ – Chapter 16 - can be found in: https://www.dnp.gov.co/programas/agricultura/Paginas/Informes- misi%C3%B3n.aspx https://www.dnp.gov.co/programas/agricultura/Paginas/Informes- misi%C3%B3n.aspx  The document warns on the difficulties of recovering 'illegally occupied lands‘, as stated in the (RRI) peace negotiations as it could result in generation of new conflicts.  Recommends careful study of cases and conditions that may allow recognition of the occupation and formalization of property rights as an effective mechanism to facilitate land access.  Aims to reward those who have settled on land in good faith and are complying with the social function. I. PUBLIC POLICY ON LAND TENURE Mission for transformation of Colombian countryside

6. Law 1753 is moving forward in meeting many of the commitments made by the State in the RRI and adopts key elements of the 'Mission for the Transformation of the Countryside’s Public Policy’ as well as some of its recommendations: The national development plan 2014-2018: I. PUBLIC POLICY ON LAND TENURE Granted the President extraordinary legislative powers to create a new National Land Agency. The National Land Agency was legally established on December 7th Establishes a new legal regime for the delivery of State-owned land to vulnerable populations. Included measures to facilitate and streamline massive formalization of rural property rights: a. Legal authorization for its funding b. Simplifies procedures to resolve and correct discrepancies between physical and legal registered descriptions of parcels. Article 107 Articles 102 Articles 103, 105

7. RECOVERY OF UNDULY OBTAINED LANDS 1. The problem Colombian Constitution Access to land ownership as a: Duty of the state to improve the income and quality of living of the rural population. Law 160 / 1994: Sets principles and procedures. What have rural citizens done? Turned to Judicial branch to formalize their occupation of state-owned lands through ownership proceedings. - They are prohibited by Colombian law. - They could have led to the misappropriation of 1,202,366 hect aprox. of state land by individuals. However:

8. RECOVERY OF UNDULY OBTAINED LANDS The High Court ordered the Government to Identify state-owned lands awarded irregularly through ownership proceedings Adopt a national plan for identifying misappropriated state- owned lands throughout the country Adopt actions for their legal and material recovery Made evident by Ruling T-488 / 2014 Administrative procedures as the only way to acquire ownership

9. RECOVERY OF UNDULY OBTAINED LANDS 2. National Plan for clarification and recovery Registry for property rights – SNR- reviewed, analyzed and verified 48,605 land titles registered Between August 1974 and June 2014 Following criteria established by this agency. A. 29,020 land title registrations B. 1,202,366 hectares  Preliminary classified as possible state-owned lands that were misappropriated by individuals through ownership proceedings. C. One third of the land title registrations contained errors associated with the failure to register the area, identification number and/or name of the awardee or final owner. What did de government do? Designed the methodology for the execution for clarification and recovery of state- owned lands, Designed and the tool to identify state-owned lands inventory and a land management system.

10. RECOVERY OF UNDULY OBTAINED LANDS 3.Challenges the national plan faces Challenges New institutional structure/entity National Land Agency absorbs the former land institute. The plan will be delayed Identification of the state-owned lands Breakdowns in information sharing Segmented across entities that often do not work in a collaborative way. Application of the agrarian legislation Involves the execution of complex administrative procedures (more extensive when involving court rulings) The instruments for material recovery are also unclear and often ineffective. State responsibility High risk from a pecuniary standpoint. Social impact Execution on national territory could trigger conflicts between the state and civilian population subject to eviction from the unduly occupied properties Endless political and social strife and repercussions in areas subject to recovery

11. 3. DESIGN AND IMPLEMENTATION OF THE LAND NODE 1. Technology for land governance Physical and legal identification of the properties subject to claims. Why?  Several structural problems have stood in the way of data availability and quality. Main challenge to achieving restitution (demonstrated in the last four year) Land Node initiative Proposed as a solution for the integration of information systems (cadastral data, property register, inventory of state lands, and the registration, assistance, and reparation of victims) Technological platform that will permit—for the first time ever in Colombia— 1. The interoperability of information systems between state entities. 2. Automatic land information exchange among entities related to the restitution process. 3. Increase government accountability and transparency, 4. Reduce the time and cost associated with land restitution and formalization programs.

12. 3. DESIGN AND IMPLEMENTATION OF THE LAND NODE 2. Requirements and challenges: This success will depend on Each institution’s efforts to adapt its internal processes and to strengthen technological and regulatory tools for the Land Node’s implementation. By placing technology at the service of the victims of land displacement, the The Land Node’s success will be measured by Looking at the extent to which the times and costs of land restitution and formalization processes are reduced. Guided and supported by the interoperability framework proposed in MINTIC’s Online Government strategy Principles and policies that will guide the political, legal, and organizational efforts of the entities involved Standards and protocols for sharing information securely and effectively. Inter-institutional agreement To ensure the exchange, use, confidentiality, and security of the information. Signed by each entity

13. 3. DESIGN AND IMPLEMENTATION OF THE LAND NODE 3.Properties of the node EntityType of information provided for the Land Node Agustin Codazzi Geographic Institute (IGAC)Geospatial and alphanumeric information Superintendence of Notary and Registry Information on land title registrations and property history studies Colombian Institute for Rural Development (INCODER) Information on the titling and awarding of baldíos, ethnic territories, and protected properties Special Administrative Unit for the Assistance and Comprehensive Reparation of Victims Information on the victims who abandoned their lands Superior Judicial Council Information on land restitution claims and rulings Directorate for Comprehensive Action against Antipersonnel Mines Information on the presence of antipersonnel mines and their location in “microfocalized” areas (i.e., those areas deemed safe for land restitution) Attorney General’s Office Information on the criminal records of perpetrators Land Restitution Unit Information on land restitution claims, state entities’ responses to judicial rulings, “macrofocalized” and “microfocalized” areas, number of restitution claimants

14. 3. DESIGN AND IMPLEMENTATION OF THE LAND NODE 3.Properties of the node Its core component is an “enterprise service bus,” A software architecture model-> communication center to link multiple information systems. Documents are stored in a repository under the responsibility of each entity. Security mechanisms and cryptography protect the confidentiality, authenticity, and integrity of the information being exchanged. No data are consumed or shared. There is no database that centralizes information; the information that is exchanged on the platform is stored and administrated by each entity. The Land Node will permit The exchange of 54 types of different land information among public entities, thereby streamlining restitution and formalization efforts throughout the country

15. 4. CONCLUSIONS 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 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) 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.

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