Restitución de tierras en Colombia en el marco de la etapa administrativa, Ley 1448 de 2011, Dificultades en su aplicabilidad.

Abstract

Through this investigation, it is intended to investigate the existing difficulties in the applicability of the Victims Law (1448 of 2011) in the administrative stage, since it is at this stage that a legal knot arises, which does not allow progress. dynamically in the different requests for dispossessed properties, leaving their applicants in uncertainty without receiving justice, while at the same time they are exposed to the different pressures of their environment and remain immersed in a deteriorated living condition.

Although it is true, the spirit of the Law is to offer a legal tool, through which victims are comprehensively repaired, the same Law, if it is not attended to by the different actors involved in it, can re-victimize the victim. population object of reparation, since that is how it is compared, about how hundreds of victims have died, waiting for their dispossessed lands to be returned, or in the process they are murdered and violated. This law was created to generate a mechanism for attention and reparation to victims of the internal armed conflict in Colombia, who were subjected to violations by, among them, people forcibly displaced from their lands, in events that occurred after January 1, 1991 until June 10, 2021, the purpose of the law is that victims of the armed conflict can access general and special reparation measures, which include land restitution, complying with the requirements established by Law, the State assuming the obligation to provide priority treatment in this sense to the indigenous peoples, Afro-Colombians, Raizals, Palenqueros and Gypsies, as well as women and children considered as victims.