land ownership and distribution in colombia · law 1776 of 2016, the “zidres” law, opened up...

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Colombia is the most unequal country in the Latin American region in terms of land distribution: 0.1% of agricultural holdings are greater than 2,000 hectares and occupy 60% of the land, while 81% of holdings have an average of only 2 hectares and occupy less than 5 percent of the land. Land dispossession and forced displacement have been caused by violence related to the armed conict, the inexistence of an agrarian reform process to modify the land distribution model inherited from the colonial era, public policies benetting large scale landowners and extractivist companies, drug trafcking, the predominance of the speculative and rentier economy among landowners, and a lack of knowledge of small-scale farmers' rights. Land ownership and distribution in Colombia According to the Unit for Comprehensive Attention and Reparation for Victims (UARIV), almost 90% of the 8.5 million victims registered, are victims of forced displacement. Most of the land was forcibly taken or abandoned due to violence by paramilitary groups against small- scale farmers, Afro-descendant and indigenous communities. The paramilitary era during the armed conict deepened inequalities in the Colombian agrarian model. The total number of hectares abandoned amounts to 6.6 million. And the departments most affected by this phenomenon are Antioquia and Chocó followed by Caquetá, Cauca, Nariño and Putumayo. After the Peace Agreement was signed between the FARC-EP and the Government of Colombia in September 2016, forced displacement has continued to occur. Initially displacement was reduced after the signing of the Agreement, however, the entry of armed groups into territories from which the FARC-EP withdrew, has increased forced displacement. Forced displacement Displacement and land concentration Victimis 8100000 7100000 6100000 5100000 4100000 3100000 2100000 1100000 100000 -900000 Total victims of displacement 1960 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 0,92 0.9 0,88 0,86 0,84 0,82 0,8 0,869 0,839 0,863 0,878 0,885 0,897 I. Gini Land concentration Figures on Forced Displacement since the Peace Agreement 160000 150000 140000 130000 120000 Displacement people Forced Displacement 2016 2017 2018 Table: Figures from the Unit for Comprehensive Attention and Reparation for Victims (UARIV) Foto: Broederlijk Delen

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Page 1: Land ownership and distribution in Colombia · Law 1776 of 2016, the “ZIDRES” law, opened up the possibility for large national and foreign companies to acquire abandoned lands

Colombia is the most unequal country in the Latin American region in terms of land distribution: 0.1% of agricultural holdings are greater than 2,000 hectares and occupy 60% of the land, while 81% of holdings have an average of only 2 hectares and occupy less than 5 percent of the land.

Land dispossession and forced displacement have been caused by violence related to the armed conict, the inexistence of an agrarian reform process to modify the land distribution model inherited from the colonial era, public policies benetting large scale landowners and extractivist companies, drug trafcking, the predominance of the speculative and rentier economy among landowners, and a lack of knowledge of small-scale farmers' rights.

Land ownership and distribution in Colombia

According to the Unit for Comprehensive Attention and Reparation for Victims (UARIV), almost 90% of the 8.5 million victims registered, are victims of forced displacement. Most of the land was forcibly taken or abandoned due to violence by paramilitary groups against small-scale farmers, Afro-descendant and indigenous communities. The paramilitary era during the armed conict deepened inequalities in the Colombian agrarian model. The total number of hectares abandoned amounts to 6.6 million. And the departments most affected by this phenomenon are Antioquia and Chocó followed by Caquetá, Cauca, Nariño and Putumayo.

After the Peace Agreement was signed between the FARC-EP and the Government of Colombia in September 2016, forced displacement has continued to occur. Initially displacement was reduced after the signing of the Agreement, however, the entry of armed groups into territories from which the FARC-EP withdrew, has increased forced displacement.

Forced displacement

Displacement and land concentration

Victimis

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0,92

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0,88

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I. Gini

Land concentration

Figures on Forced Displacement since the Peace Agreement

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150000

140000

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Forced Displacement

2016 2017 2018

Table: Figures from the Unit for ComprehensiveAttention and Reparation for Victims (UARIV)

Foto: Broederlijk Delen

Page 2: Land ownership and distribution in Colombia · Law 1776 of 2016, the “ZIDRES” law, opened up the possibility for large national and foreign companies to acquire abandoned lands

The Colombian agrarian problem lies at the heart of the social and armed conict. The Comprehensive Rural Reform (Reforma Rural Integral - RRI) established in the Peace Agreement represents an opportunity to overcome conditions of marginalisation in the Colombian countryside at a structural level. However, to date, no signicant progress has been made with the RRI due to the lack of issuance of laws, plans and policies for its implementation. The Development Plans with a Territorial Approach (Planes de Desarrollo con Enfoque Territorial - PDET), are 16 rural development plans that were created at the local level with the participation of communities, but they have not been implemented and there is concern about the lack of nancing of the PDETs in the 2018-2022 National Development Plan.

There is a general concern about the extremely high rate of attacks on social leaders and human rights defenders in Colombia. One of the main causes of threats is work related to land restitution. Land claimants also suffer from criminalisation and violence, and lack efcient protection measures. According to the Procurator General's Ofce (Procuraduría General de la Nación) there were 45 murders of land claimants from the start of the Victims Law until April 2018. Several cases of leaders killed in 2017 and 2018 were people directly participating in the construction of the PDETs.

In June 2011, Law 1448 on Victims and Land Restitution was enacted, with the purpose of providing reparation for the victims of forced displacement and land dispossession. 120,876 applications have been received by the register of land expropriated or forcibly abandoned (RTDAF). 69,416 applications have been processed and only 7.9% of the total requests have been resolved. These results are highly worrying because under the law the restitution process must be completed by the year 2021.

The European Parliament has an important role to play supporting progress in land restitution and the implementation of Comprehensive Rural Reform. Ask the European Commission for accountability on the use of funds from the EU Trust Fund for Peace in Colombia for the implementation of the Comprehensive Rural Reform. Follow up on compliance with the European Parliament's recommendations on protection for land claimants and implementation of the land restitution policy within the framework of the Resolution of June 13, 2012, on the Trade Agreement between the European Union and Colombia and Peru (2012/2628(RSP).

Law 1776 of 2016, the “ZIDRES” law, opened up the possibility for large national and foreign companies to acquire abandoned lands that, according to Law 160 of 1994, should be made available exclusively for low-income and landless small-scale farmers. 7 million hectares have been identied for the implementation of this new law. There is a risk that lands accumulated through dispossession during the conict will be legalised through the ZIDRES. Currently, Bill 003 that seeks to modify the Land Fund created under the Peace Agreement, is being processed in the Colombian Congress, so that the properties held by this Fund can be used for the ZIDRES and not for small-scale farming communities. The rst ZIDRES constituted by decree 1369 of 2018 in the municipality of Puerto López in the Meta department, is 175 thousand hectares in size, with 860 plots of land.

Areas of Interest for Rural and Economic Development (ZIDRES)

Elaborated by:

With the support of:

State of land restitution in Colombia

Land in the Peace Agreement: Comprehensive Rural Reform (RRI)

7.278.964 ha (6,4%).

Reference areas as inputfor the identication of the Zidres

The dispute over access and use of land in Colombia was one of the factors that led to the internal armed conict that lasted 52 years. The signing of the Peace Agreement is not in itself a guarantee for the resolution of this conict, but the RRI offers possibilities for progress. It is therefore important to implement the Agreement with the participation of communities. This participation can only be ensured if there are security guarantees for victims and social leaders.

Risks faced by land claimants

Map: UPRA, 2018