Acceso a la propiedad rural en la altillanura colombiana, formalización de la tenencia de la tierra

Abstract

Much has been decided on the conflict surrounding access to land in Colombia, several agrarian reforms of transcendental importance have realized the interest of the governments in power to provide solutions to this phenomenon, agrarian reforms embodied in laws such as: Law 200 of 1936, Law 135 of 1961 and Law 160 of 1994, have developed different regulatory frameworks that have pursued similar objectives that can be synthesized in four key components I) Land redistribution programs, in three modalities: by purchase, by expropriation and by transfer of land through the National Agrarian Fund (FNA). II) The formalization of rights acquired through the tradition of possession (titling of wasteland) and colonization. III) The definition of historical rights of indigenous communities (creation or extension of safeguards) and collective titling to black communities and IV) Award of integral subsidies.

The foregoing without prejudice to what is currently happening in the Colombian highlands in the case of vacant lots that are being occupied and exploited by peasants who are essentially subject to agrarian reform but who apparently do not appear on the state radar to be beneficiaries of translational titles through which they can formalize the long-awaited property, who have had to live generationally bloody stages of the Colombian armed conflict and now the present section of the national history called post-conflict, which far from providing legal security and socio-cultural stability in In a context of stable and lasting peace, they have been faced with facing a new risk scenario for their personal integrity, that of their families and those of their communities, within the framework of a tenuous management of the National Land Agency ANT and a languid state presence in remote territories where only the institutions are occupies the custody of the so-called strategic assets (especially among these, especially oil facilities and hydrocarbon infrastructure) to the detriment of safeguarding fundamental constitutional requirements that would guarantee the safety and welfare of communities with differential approaches to prevention and protection, which translates into a generalized perception of insecurity not only material regarding what vulnerable communities must face in the highland territory with respect to armed actors, but also of legal insecurity regarding the expectation that peasants subject to agrarian reform have, that finally I assigned them in due form the vacant lots on which they have been exercising possession and uninterrupted economic exploitation for several years and even decades, whose rights of possession and improvements have even passed from parents to children and even to third-party buyers of good f e, who have had to deal with legal battles in the framework of the transitional justice of the law 1448 of 2011 (victims and land restitution law) facing legal proceedings in the capacity of opponents to demonstrate good faith free of guilt as a method of guarantee its continuity in some properties, this is an aspect that we mentioned but in which we will not delve, because we would divert our study on the access to the property of vacant lots in the loft by peasants, the previous subject deserves to be treated and developed in another I work differently from this one. Through this work we will make a critical approximation of the agrarian phenomenon in the Colombian highlands, starting from determining fundamental conceptual aspects, describing and analyzing the actions of the state entities responsible for the management of vacant assets in the Colombian highlands and contextualizing the current situation of the inhabitants of said territory, to reflect it as a reflection, at the service of those who require consultation on the subject and can read this text to get to know current aspects of agrarian reality in this part of eastern Colombia