Comunicado Conjunto No 12 - Conformación del Grupo de Expertos en tierras

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Country/entity: Colombia
Region: Americas
Agreement name: Comunicado Conjunto No 12 - Conformación del Grupo de Expertos en tierras
Date: 14 Mar 2017
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Colombian Conflict (1964 - )
The Colombian conflict is really a set of conflicts and the peace agreements reflect both different processes relating to different conflict groups and dyads, and processes taking place at different times in a complex peace process history. The Colombian civil war has its roots in the late 1940s and the violent infighting between liberal and the conservative factions. Emerging from the liberal tradition with a thorough grounding in nationalist communist ideology, the Revolutionary Armed Forces of Colombia—People's Army (FARC) began its armed insurrection against the Colombian government in 1964. Other left-wing guerrillas emerged as well, most notably the socialist/populist M-19, which would later be integrated into the formal political system in the peace process of 1990s; the National Liberation Army (ELN), which has strong roots in liberation theology, and the Maoist Ejército Popular de Liberación (EPL) (also part of the 1990 process, less successfully). Several stages of peace processes were undertaken by the various sides, which were further complicated by the emergence of right-wing paramilitary ‘self-defence’ forces. The peace agreement between the Colombian government under President Uribe and the main alliance of the paramilitary groups, the United Self-Defence Forces of Colombia (AUC), concluded in 2005 and is still heavily disputed as several remnants are still active, but now subsumed under the heading ‘Bacrim’ (Bandas criminales). In addition, FARC and ELN maintain a military presence, but both demonstrate a strong interest in completing successful peace negotiations with the government, with the most recent agreements being between FARC and the Government.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Colombia V - Santos
Parties: Not signed, but the agreement was in the form of a statement released by the Commission for Monitoring, Promotion and Verification of the Implementation of the Final Agreement. The Final Agreement was between the Government of Colombia and FARC-EP.
Third parties: -
Description: In furtherance of the provisions on land ownership in the Final Agreement between the Government of Colombia and FARC-EP (2016), the Commission for Monitoring, Promotion and Verification of the Implementation of the Final Agreement (CMPVI) approached three universities for "recommendations on regulatory and public policy reforms" in relation to land ownership.

Agreement document: CO_170314_Comunicado_Conjunto_No_12_-_Conformación_del_Grupo_de_Expertos_en_tierras_EN (opens in new tab) | Download PDF
Agreement document (original language): CO_170314_Comunicado Conjunto No 12 - Conformación del Grupo de Expertos en tierras (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: Considering that there are currently different situations that affect the legal security of land tenure or ownership in Colombia and the need to find a solution that addresses the realities of the country, without prejudice to what has been established in terms of access to land, the Government will form a group of 3 experts —women and/or men - on land issues that within a period of no more than 3 months will make recommendations for regulatory and public policy reforms that will allow, in a limited time and whenever possible:
Men and boys: Gender→Men and boys→Gender neutral wording
Considering that there are currently different situations that affect the legal security of land tenure or ownership in Colombia and the need to find a solution that addresses the realities of the country, without prejudice to what has been established in terms of access to land, the Government will form a group of 3 experts —women and/or men - on land issues that within a period of no more than 3 months will make recommendations for regulatory and public policy reforms that will allow, in a limited time and whenever possible:
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: To fulfil the above, within the framework of the CSIVI we have asked the rectors of the Universidad de los Andes, the Universidad EAFIT and the Universidad Externado de Colombia to each designate one (1) expert to lead a team at their institution and work together with their peers to deliver recommendations on regulatory and public policy reforms within a maximum period of four weeks.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: Human rights and equality→Socio-economic rights→Property
“Making the transition towards a society with clear rules for transactions and access to land ownership requires an adequate definition and protection of property rights.
- Regularise the property rights of owners, occupants and bona fide possessors, provided there is no dispossession or bad faith.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
“Making the transition towards a society with clear rules for transactions and access to land ownership requires an adequate definition and protection of property rights.
Considering that there are currently different situations that affect the legal security of land tenure or ownership in Colombia and the need to find a solution that addresses the realities of the country, without prejudice to what has been established in terms of access to land, the Government will form a group of 3 experts —women and/or men - on land issues that within a period of no more than 3 months will make recommendations for regulatory and public policy reforms that will allow, in a limited time and whenever possible:
- Regularise the property rights of owners, occupants and bona fide possessors, provided there is no dispossession or bad faith.
- Guaranteeing the social and ecological function of property
- Facilitate access for workers without land or with insufficient land.
- Promote the productive use of land.”
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: - Guaranteeing the social and ecological function of property
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

Joint Communiqué No 12 - Formation of the Group of lands Experts

14 March 2017, Bogotá D.C.

The Commission for Monitoring, Promotion and Verification of the Implementation of the Final Agreement informs that:

In point 1.1.5 of the Final Agreement it was agreed:

“Making the transition towards a society with clear rules for transactions and access to land ownership requires an adequate definition and protection of property rights.

Considering that there are currently different situations that affect the legal security of land tenure or ownership in Colombia and the need to find a solution that addresses the realities of the country, without prejudice to what has been established in terms of access to land, the Government will form a group of 3 experts —women and/or men - on land issues that within a period of no more than 3 months will make recommendations for regulatory and public policy reforms that will allow, in a limited time and whenever possible:

- Regularise the property rights of owners, occupants and bona fide possessors, provided there is no dispossession or bad faith.

- Guaranteeing the social and ecological function of property

- Facilitate access for workers without land or with insufficient land.

- Promote the productive use of land.”

To fulfil the above, within the framework of the CSIVI we have asked the rectors of the Universidad de los Andes, the Universidad EAFIT and the Universidad Externado de Colombia to each designate one (1) expert to lead a team at their institution and work together with their peers to deliver recommendations on regulatory and public policy reforms within a maximum period of four weeks.

The recommendations and regulatory proposals will be submitted to the National Government to address the procedures set out in the Final Agreement.

We thank the three universities for their extraordinary support for the peace process.