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On rules, violence, and transactions. Land dispossesion in El Carmen de Bolívar, Colombia Pola García Reyes Universidad del Norte 2015 WORLD BANK CONFERENCE ON LAND AND POVERTY The World Bank - Washington DC, March 23-27, 2015
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Conflinct and abandonment of land in El Carmen de Bolívar
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Main proposition Land grabbing in El Carmen de Bolívar were a ruled phenomenon
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Institutional Grammar (Ostrom) Attribute, Deontic, AIM, Condition, Or Else ADICO: rule ADIC: norm AIC: strategy
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Research design Institutional Grammar Analysis Official reports analysis Semi-structured interviews
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Rules and norms on land transactions (1) Period 1: 1994-2007, 2011-today Period 2: 2007-2011 Vacant lands type 1. Lands that always have been state lands. Vacant lands type 2. Lands that were bought or expropriated by the state
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Rules and norms on land transactions (2) Rules period 1, vacant lands type 1. The seller should have permission from the Local Committee for Displaced People, if their land is protected in the context of internal armed conflict, or else, the transaction will be invalid. The seller should include the permission from the Local Committee for Displaced People, in the registration of the land deed, or else, the transaction will be invalid.
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Rules and norms on land transactions (3) Rules period 1, vacant lands type 2. The seller should not sell his land without the permission of INCODER, in the 12 year after the adjudication, or else, he should pay for the subsidy. The seller should include the permission from INCODER to sell his land, in the registration of the land deed, in the 12 year after the adjudication, or else, the transaction will be invalid. The seller should have permission from the Local Committee for Displaced People, if their land is protected in the context of internal armed conflict, or else, the transaction will be invalid. The seller should include the permission from the Local Committee for Displaced People, in the registration of the land deed, or else, the transaction will be invalid.
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Rules and norms on land transactions (4) Rules period 2, vacant lands type 1 and type 2. The seller should not sell his land without the permission of INCODER, in the 10 year after the adjudication, or else, he should pay for the subsidy. The seller should include the permission from INCODER to sell his land, in the registration of the land deed, in the 10 year after the adjudication, or else, the transaction will be invalid. The seller should have permission from the Local Committee for Displaced People, if their land is protected in the context of internal armed conflict, or else, the transaction will be invalid. The seller should include the permission from the Local Committee for Displaced People, in the registration of the land deed, or else, the transaction will be invalid.
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Informal norms on land transactions The seller may sell, only, what is in the land (crops, debts). The seller should calculate the price of the sell, based on the improvements made over the land, and not based on the price of the land itself. The seller and the buyer can close the transaction with a private document. The seller should give their land deed to the buyer as a sufficient proof of the transaction. The seller can sell his land, after 15 years from the adjudication, without the permission of INCORA. The seller should ask for the permission of the Local Committee for Displaced People, this ask for the permission, allows the transaction.
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Corollary Campesinos, were main actors in land transactions in El Carmen de Bolívar. Land transactions among campesinos were governed by a mixture of formal and informal rules (property regime). Those transactions were.. Informal but not illegal. Land transactions among entrepreneurs were governed by formal rules (property regime). Those transactions were… opportunistic but not illegal. The main “rule breakers” were Notarios and Registradores.
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