Implementación de la Ley de Víctimas y Restitución de Tierras en Colombia: Un Análisis Presupuestario y del Avance en su Implementación

Abstract

Law 1448 of 2011 named as the "Victims Law and land restitution", was created to guarantee the rights of the people which are victims of the armed conflict in Colombia within the framework of transitional justice. Throughout 10 years the policy has been able to compensate, repair and restitute some victims, however, the effort which has been made budgetary hasn't been enough to cover more than 9.4 millions of victims. In spite of increasing the resources assigned to land restitution policy every year, the results and the impact of its implementation haven't achieved the previous expectations. This article is based on determine the relationship between the budget allocation for the reparation of victims of the conflict and the implementation of the land restitution policy between 2014 and 2022 and due to that identify if the budget for the implementation of the victims' law has increased, how is it explained that the level of progress in the implementation of the land restitution policy is not being conscious with the growing number of victims whose are demanding that measure? To investigate this situation, a mixed analytical approach study was conducted, using congressional reports as the primary source. The study revealed that during the elaboration of the law, some significant factors were omitted, such as the growing number of requests, non compliance with the terms in the administrative and judicial evaluation, security problems, shortcomings in the products elaborated by the UAEGRTD and lack of collaboration between entities. These omissions have caused additional procedures, delays and re-victimization of the affected population. Therefore, it is important to cover this problem in order to identify the influence between budget allocation and progress in the implementation of the law.