Los retos de la restitución de tierras desde una perspectiva de la reparación integral a las víctimas del desplazamiento forzado

Abstract

By analyzing the political and legal dimensions of dispossession and abandonment of the land in Colombia caused by the social and armed conflict, this article aims, in a first part, to present the different stages and dynamics that are common patterns of dispossession and land abandonment and that allow to characterize this practice as a crime of system; the referenced studies will be addressed from the perspective of the victims of forced displacement, the caused damage, the causes, motivations and alleged perpetrators; in a second part, it will be analyzed the challenges of restitution under the international framework of human rights and international standards, doctrinal development and discussions on the peace before the rights of victims, the third part will correspond to the Institutional response, the analysis of policy to guarantee the rights of victims to restitution in the context of full compensation and its contribution to the processes of transitional justice; to conclude with the presentation of a case of dispossession, the Hacienda las Pavas, located south of the Department of Bolívar, where through the testimony of the victims are reconstructed the events, impacts and it is left uncovered the ambiguities that exist within the State in the implementation of a policy of restitution as part of a strategy for reparation to victims.