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RECORDERS ASSOCIATION SCHOOL OF PUBLIC INSTRUMENTS OF STRATEGIC PLAN COLOMBIA

INSTITUTIONAL

Comments and suggestions

MEETING OF NATIONAL INSTRUMENTS RECORDERS PUBLIC KEY

Bogotá, June 1922 to 24, 2005 STRATEGIC PLAN


Comments and proposals an institution,

Each of the members of the Board of Directors of the Association of Registrars Association of Public Documents of Colombia has been individually and not as a collective representing the Registrar the country the organization of institutional strategic plan proposed by the current administration, on which we express to Mr. Superintendent, the other directors of the Bank and our colleagues Registrar on the matter, assuming that in general terms the proposed structure is maintained by the previous administration, which seems right as long as this is coupled to the needs of users and sectors Notarial and Registry. CORPORATE OBJECTIVES



The structured six corporate objectives, five of which are repeated (some with modifications) and the last was a secondary goal:
1. Improve service to users and customers
2. Strengthening the role of Attorney as a key element for economic and social
3. Ensure the provision of national public registry of real property in a safe and reliable.
4. Improve the quality and coverage of inspection and monitoring by the SNR.
5. Optimize organizational performance
6. Develop, implement, maintain, review and improve the system of quality management (goal again.)

analysis of these objectives emphasize:

GOAL 1: IMPROVE CUSTOMER SERVICE USERS AND

share the view that the user is the rationale for services Registration Notarial as well as the proposed objectives and strategies that are adopted should be addressed to your satisfaction, so that the modernization of these is necessary, according to legal developments, organizational and technological changes that are implemented worldwide in the system of Notaries and Registration of Latin type that prevails in our continent and our country. Bringing

customer service at the national level has always been a proposal endorsed by us so that their access is easy, fast and fundamentally safe, hence we see the urgent need to implement by law, access to registers only when a legitimate interest in order to defend the constitutional rights of every citizen to privacy and PRIVATE PROPERTY.

Services should continue autonomous and independent, one as a transmitter of personal rights (the Attorney) and the other as a generator of real rights (the Registry) so we welcome the decision of the current superintendent of Notaries and Registration Dr. Manuel Guillermo Cuello Baute of eliminating the plan, the proposed integration of the Notary and Registry functions in the first, a menace to all lights in our civilian system and our social state of law, where all human activities should be service and is not in the service of those.

Must be improved, but not costs that generate corruption and legal uncertainty. The gigantism of many offices as favors, so to be deleted municipalities circles attached to the big cities, and if not create new offices, establishing customer service jobs in places such as CADES in Bogota, with secondees the office of their jurisdiction, officers trained and delegating decision-making power to take charge of the issuance of certificates, consultations and corrections, which network will operate in a paradigm Registry service in the nation.

OBJECTIVE 2: STRENGTHENING THE ROLE OF ATTORNEY AS A KEY TO THE ECONOMIC ORDER AND SOCIAL

believe that the entity can not have a strategic objective to strengthen one of the two services which is linked, because not only Notarial service is fundamental for economic and social development. The Register also is, and how. The publicity that comes and the judicial review exercised not only against notaries but before any authority or person that generated documents subject to registration, allows the real estate business, the axis of economic development as the base of private property , is developed safely and smoothly, based on a legal qualification, which prevents pre-control situations generated that may result in long, tedious, costly and complicated litigation.

why the strengthening has to be equal for the two sectors which have to act harmoniously and stacking, for the benefit of users accessing them.

The training has to be a top-level goal, but it must be about very specific aspects of the service, because the user needs quick and effective and can not wait for the right service provider to obtain specializations and master. This together with publications on topical issues such as folio review, and mechanisms for discussion and research as the National Forum of Notaries and Registration in bad time was eliminated as an advisory body of the entity.

think not only in the Notary to congestion in courts, but also the Registrar, on issues such as dilapidated log cancellation (injunctions, liens, etc..) In the limbo of the disappearance of the judicial and lapsing require cumbersome and time consuming process, as well as expensive, conciliation in matters of land, too expensive for the way Attorney, for our poor farmers and must be processed before the Historian of the real property in Colombia, the Registrar of Public.

against a target of enabling access to the database Notaries Registry data, we believe it should be limited to obtaining certificates of tradition, as long as they have a legitimate interest (development of scripts, etc..), it is well known that many of the servicers in the country working with notaries , bridging operations, a procedure that only have economic interests, which leads to irregular activities to crown their goals. Registration information is sacred and should protect the best interests of strangers.

now and aims to give access to our information to users and customers, as should happen with the protocol of Attorney. Should be allowed access to it, the registrar for issues related to service delivery, such as the need to publicize the text of a writing tradition mentioned in a confusing and can be the basis for a certificate of membership or lack of control of INCODER.

GOAL 3: ENSURE THE PUBLIC ADMINISTRATION OF THE NATIONAL REGISTER OF REAL PROPERTY IN A SAFE AND RELIABLE.

In our proposal, "OPERATE ON COLOMBIAN NETWORK REAL ESTATE REGISTRATION" presented to the previous administration, we raised the urgent need to incorporate databases enrollment approximately two million property that is geographically dispersed one hundred and fourteen (114) Sectional registry offices of the country and represent only 20% of large national total, in order to form the National Network of Real Estate Alliance, to provide consulting services and online access to end users and Registry to facilitate the process among different offices.

as suggested in the document set:
"While the facility will streamline the work registration and information security, this should not consist of a simplistic conception of a central database which bombard from nationwide registry of news, thousands of simultaneous queries launched from the Registry Offices, Notaries, agencies, Chambers of Commerce, Real Estate Association, Office of Cadastre, etc.
not forget that there is a millionaire documentary collection consisting of millions of documents registry support, thousands of books called "Old System", which still lie in the thousands of property records to date have not done so-called transit "Folios real estate registration" or magnetic sheets, and millions of actual pages that were passed to magnetic sheets, but whose care is the responsibility of the Registrars and must be subject to a project to be digitized and stored as a history of passage magnetic sheet.
Simple concept of a single central system would lead to the need to focus the storage of all databases magnetic sheet on a single node, this is to think in a base of twelve million enrollments, panting simultaneously by more than a thousand internal users Registration, nearly a thousand of Notaries, and thousands of private users and state.
would be a database that would have to transmit information to remote locations daily print more than 8,000 certificates of freedom and to receive all the news that occur as a result of the housing movement throughout the country, not counting the thousands of inquiries of which to date there is not even an estimate that to calculate the technical characteristics of the system that supports a network of well-conceived and would remove the immediacy of user queries on the spot, both physical on books, documents and real sheets, and corporations on information and annotations relating to each property registered or to register.
addition to the database of magnetic sheets, would centralize the storage of hundreds of millions of images of documents supporting the registry, could be transmitted through the network to task for consultation, very likely, with a high probability be required precisely at the Registry Office in which it retains the physical document paper, which would generate a very high transmission costs and to some extent unnecessary. "

why not propose the elimination of databases headquarters that the information supplied by the branches, in turn feed into the central database, managed by the Superintendency of Notaries and Registration, which prevent generated congestion in one central system. If a node fall head office, the central node of the service will meet the demand from that segment of the network to collapse at any given time, while re-establishing its operation in this way also prevents collapse the entire network, which inevitably happen if you have a single centralized system.

highlight the current administration's decision to maintain and strengthen existing registry offices and facilitate the systematization and understand that received contracts in progress, which does not prevent the proposed adjustments are made for major nodes in the offices of capital, as carriers of the central node in development. This will no doubt Registration system more modern, agile, reliable, safe and easy access to all Colombians.

GOAL 4: IMPROVE THE QUALITY AND COVERAGE OF THE INSPECTION AND SUPERVISION EXERCISED by the Superintendency of Notaries and Registration. We

completely agree that the inspection and monitoring should improve coverage and quality, which we believe is being achieved in part lately, and according to the needs and functions of the superintendent.

Implement information systems as Attorney (SIN) and Registration (SIR) are dynamic mechanisms that generate not only the country's real estate business, but in the economic development of the nation. We believe that as in the other objectives, there must be balance in the attention he is given to the two sectors, since this is marked tendency to support more the attorney, that Registry.

GOAL 5: ENHANCE INSTITUTIONAL PERFORMANCE

We are aware that the agency should improve its administrative, management and internal control. The modernization is to allow greater flexibility in the management accounting and budget, without affecting the exercise of any of the two essential elements of the Registry function, legal, administrative and operational. Its limitation or suppression as intended by the administrative management of the offices violates the functional autonomy that the constitution gave the Registrar.

The human resource needs incentives and motivation to do better and more reliable work, but if you consider that we have a great strength, a skilled and trained the area where he works, and lack of academic qualifications and that while staying in technology management for the same dynamic that leads, is not for his sake, but because the state itself, truncated when the technological progress was gradually removing resources, year after year, to the entity.

incentives should be implemented throughout the country and not just for the headquarters as customarily occurs through the family compensation fund.
recreational activities and training should be promoted by circles registry to include more staff and build regional integration.

administration is aware of the bad wage level officials of the entity, so it must be accommodated in the Registry sector committees are doing the necessary studies to take a balanced approach of both the capital needs of the country, as in all provinces.

The strengthening of internal control, tending to permanently implement the culture of self-management and control through implementation of indicator systems are fundamental tools for continuous improvement in the services we provide and the functions exercise, provided they are implemented in concert.

GOAL 6: Develop, implement, maintain, review and REFINE THE SYSTEM OF QUALITY MANAGEMENT (NEW GOAL).

is very difficult to implement quality management thinking and legal task, as this involves the interpretation criteria classify counter to freedom of expression and the development of jurisprudential activity, so that quality control should limited to administrative, financial, accounting and operational. This is a necessity and a tool against mediocrity and corruption. FINAL COMMENT



It 's important that the intention of the Board of Directors of the Association of Registrars Association of Public Instruments is helping Colombia the preparation of a final document that we believe is under construction and which only know the general outline or structure, but once completed and approved will the industry roadmap and the Register of Notaries Colombia in the coming years.

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BRIEF OUTLINE OF THE REGULATION OF THE INDIGENOUS LAND OWNERSHIP IN COLOMBIA

COMMENTS CITADINES a provincial

By: Leonardo Calderon Perdomo, Cáqueza recorder, Cundinamarca

Since 1993 the United Nations Organization (UNO) and the Colombian Government by Decree No 1087 of June 10, 1993 declared the year as the "YEAR OF THE INDIGENOUS PEOPLES OF COLOMBIA", and Article 2 º invited the authorities and all levels to carry out activities related to that statement, to accelerate the implementation of policies and projects aimed at strengthening the social, cultural and religious customs of that people and to defend the ecological system and environment of indigenous territories, all have been linked less Notary and Land Registry property. Therefore

elaborated this small study that I have covered on a trial basis if possible concatenated with our activities, since their link is legally limited to a few and scattered items contained in several laws and decrees.

Here then, THE HISTORY OF THE END OF THE EARTH AND ITS APPROPRIATION AMERINDIA BY SPAIN.

The simple equation between the number of occupants or squatters and land availability, examined the patterns followed by the English to take land in the newly discovered territories, a conflict that had two conditions: One, the mechanisms fact or law that led to the appropriation. And again, the economic determinations configurations.

The origin of the land for the English occupiers is linked to situations of power and privilege. Each settlement initially possessed a council appointed by the Leader of the army, later chosen by members who had acquired it as neighbors and integrating with lifetime dignitaries who had purchased the office.

These councils, made up almost always overlooked trustees, claimed the power to grant stays, horses and solar. Other times, the title came from the leader or the Governor of a province and, finally, the hearings or its president.

The numbers given in the Councils were but precarious titles, he never had the approval of the English monarch who, in theory (the theory of the time course) had taken possession of Amerindian lands by right of conquest. This instability did not prevent the action of the councils created permanent situations with respect to land. These bodies represent

unqualified interest of the trustees and therefore his bestowing relapsed, usually among them. It was a small core of people (almost nowhere more than 60 or 70 individuals), through the council, could control the allocation of cough types of resources: land, mines, water, forests, etc.

The preponderación of the trustees are also allowed to usurp the lands of the Indians. Between 1550 and 1590 these were work much of their land for the exclusive benefit of its trustees to grow for them tribute in kind (wheat, barley, corn and sometimes chickpeas, beans, beans, sugar cane and linen). Besides this, Indian service should provide (a 3 or 4% of adult males) for the encomendero chambers, which were almost always been occupied land near the Indian settlement. Moreover, the obligation of tribute in kind meant a real enjoyment of the lands of the Indians. With the decline of these, the vacant land could be built (and in practice they were) to the core of the rooms.

to those granted to the councils and encroachments came to join the land grants by the crown through the hearings and the Governors. In many cases these grants did nothing to clean up weak or encroachments titles after 1590. By this time the indigenous population had fallen to 10% of its original size, reduced settlement and confined to reservations, ie nucleated so that the dispersed settlement pattern was abolished, extricating many lands that were subject to new mercedes .

Below the formal legal aspects of ownership, the more complex problem underlying economic developments that led to the effective occupation of the land by the English, for indigenous communities, initially provided for agricultural supplies. These were many and almost all new foundations the Indian boundary could produce the surplus needed to feed them. For this reason, first granted land by councils, they used the core leaks populated by English. Among the first settlers were distributed urban lots and horses and peonies confined within the terms that still respected the indigenous settlement and were intended to grow vegetables and keep some cattle.

urban growth and declining English disastrous for the Indians, broke soon, this initial balance between the needs of the occupants and the capacity of indigenous economies to meet them. This led to the emergence of the first breaks, around the quarters of the trustees.

The formation of stays of English is very well known. Although often repeated that the grants of land were legally independent of the granting of parcels, the truth is that they were the trustees who monopolized the land during the sixteenth century. They controlled the municipal governments on the one hand that gave and, secondly, not only exclusively available to the Indian labor to exploit, but, with or without titles, were in a position to encroach on Indian lands entrusted.

the end of that century and early next, the pressures against this dual monopoly was enough to make significant changes. Despite the trustees group cohesion, which allowed them to keep within a parcel of family lines beyond the two lives under the law, the multiplication of families were bringing forth a growing group of owners do not trustees.

On the other hand, there were also farmers who sought to have the necessary manpower for agricultural work. In this group had to include a population Mixed increasing evil was tolerated within the English settlement and prohibiting live in Indian villages.

Now, when the trustees of Santa Fe and Tunja were deprived of the monopoly of labor, clamored for his routine. At that time when successive visits Judges of the High Court had granted the Indian reservations, the most prized land and should have been occupied by the English. The bestowing of guards, which were made between 1590 and 1605 and completed in 1636, led to a confinement of the indigenous population at subsistence level, leaving land available for grants and grouping so that Indians could be accessed simultaneously several English ranchers.

Later, in the first decades of the seventeenth century, English properties increased under grant of lands on the pieces that had been forced to leave the Indians at the time of assigning guards. Thus arose, by large landowners who had received grants in the previous century, the so-called middle landowners or owners and ordinary farmers, generally poor mestizo and English immigrants.

Guards helped to establish a nucleated residence of the Indians who had hitherto resisted several attempts by the English authorities to Inhabit. Building churches of doctrine in the early seventeenth century and the permanent residence of a doctrinaire, also contributed to the abolition of the dispersion.

So, those who did not undergo the guards were forced from their territories or risk being wiped out and forced to dive into the most inhospitable jungles, where they still survive in an economy based on hunger, poverty and despair. Look

now to position ourselves in the current legislation, some basic concepts of our indigenous norms. They are:

INDIAN TERRITORY: Are those areas owned by a community, understanding them not only those inhabited and exploited, but also those that constitute the traditional scope of economic and cultural activities. (Article 2 Decree 2001 of 1988)

BIAS or indigenous communities: The set of families of Amerindian descent who share feelings of identification with their indigenous past, retaining traces and values \u200b\u200bof their traditional culture and ways of governance and control internal social distinguish them from other rural communities. (Article 2, ibid)

GUARD: legal and socio-political institution of a special nature made by an indigenous community, a community title, has its territory and is governed by an organization Indian courts or adjusted their patterns and cultural traditions. (Article 2, ibid)

BOOK: Globe wasteland occupied by one or more communities, defined and legally assigned by the State through the INCORA to those, to exercise it rights of use and enjoyment to the exclusion of third. (Article 2, ibid)

is to clarify the INCORA adjudicated previously uncultivated land as reserves to indigenous communities for their use, without giving titles. Currently INCORA, by administrative decision, is becoming guards reserves, mandated by law (Article 11 º, ibid)

Civilian Community INDIAN: Those communities that communally occupy an area of \u200b\u200bland and lack of a Community legally recognized because they have lost or that the lands they inhabit belonged to a guard that was dissolved by law but identify themselves as indigenous organized according to their cultural traditions.

Under the law, the Colombian government decided to give land guards as indigenous civilian communities. (Articles 121 Act 89 of 1890, the 9th Law 81 of 1958, 52 and 94 of Act 131 of 1961, 2 º Decree 2001 of 1988, 1, ss 85 and Law 160 of 1994)

CABILDO INDIAN: Special public institution, whose members are indigenous elected and recognized by a localized bias in a given territory, legally responsible to represent their group and perform the functions assigned to it by law and custom applications.

The councils must be members of the community which elected and the election shall be as provided by law 89 of 1890 or their own traditional forms of organization. (Article 3 Law 89 of 1890 and 2 Decree 2001 of 1988)

INDIAN LAND

Currently in Colombia, it is the duty of the state constitution of indigenous reserves and the recognition of property rights on lands traditionally occupied by them, as well as to respect the ways of possession and use, according to the cultural tradition of each ethnic group, what was established as the law 31 of 1967 and 153 of 1987 and Article 318 of the Constitution , possession and use is given by way of receipts, reserves or Indian Civil Communities. This

tenure is outstanding features:

Being the communal land ownership, according to cultural tradition, which is recognized by the national indigenous law and enjoys the protection required by our constitution in article 329.

Failure can be sold in whole or in part, it is the duty of the councils and traditional authorities to prevent the sale and seek recovery of lost territory, in accordance with Articles 7 and 40 of Act 89 of 1890 and 25 and 80 of Decree 74 of 1898 and that Article 329 of the Constitution.

also the not being able to lease or mortgage, failing which has created the credit guarantee fund for indigenous communities, who works at the Ministry of Interior and Justice and is intended to serve as collateral for loans to agricultural development given them by banks or financial institutions. If mortgage constituted any portion of the territory, this act is invalid and can apply for annulment before civilian judges involved. Also

indigenous lands can not be acquired by prescription or be seized as stated in Article 18 of Decree 2001 of 1988 which regulated Article 94 of the law 135 of 1961 regarding the establishment of indigenous reserves, today article 85 of Act 160 of 1994.

SOME STATE POLICIES FOR INDIGENOUS

The State has promoted activities and programs of agrarian reform to benefit the indigenous population and the policy appears to be established with Articles 54 of Act 135 of 1961, 21 of the Act 30 of 1988 and 31 of Act 160 of 1994, the Colombian Institute of Agrarian Reform INCORA, may acquire land or improvements to private property and public entities to provide indigenous communities that lack these, or those are insufficient. Therefore, it is considered of social interest, ie, forced performance by the State, the expropriation of private property for this purpose.

has also been determined that the national public lands occupied by indigenous communities that constitute their traditional habitat, as well as land or improvements to private property to be acquired by INCORA the benefit of groups or communities, will be devoted only the establishment of safeguards under Article 20 of Decree 2001 of 1988 and 48 of Act 160 of 1994.

INCORA For his part, is obliged to acquire by purchase or expropriation, the improvements provided by non-Indians in the territories legally owned by the communities to ensure they use and quiet enjoyment of the land.

These acquisitions represent a compelling state responsibility to solve problems of small farms in those biases that Indians living in civilian communities. Also

and based on Law 30 of 1988, the Colombian government created the agrarian jurisdiction, which authorities to solve the problems of land, farming and forestry that may arise between indigenous communities and those outside them.

Thus, in implementing the land laws, judges must take into account that its objective is the protection of special rights of indigenous communities over their territories, as it governs the Article 15 of Decree 2303 of 1989.

All these problems related to land tenure and agricultural activities can be solved through a direct agreement or conciliation between the parties upon approval by the judge concerned.

However, the issues around natural resources and environment can not be resolved by conciliation between parties debiéndose available for this ruling.

Now, allocations of land for reservations, reservations or settlements of indigenous civilian communities, is entered in the Registry Office of Public Instruments for the geographical area of \u200b\u200btheir location, as well as those who order their division, which resulting properties are subject to the arrangements for the family farm units devoted Act 135 of 1961, Decree 2117 of 1969, Act 30 of 1988 and Act 160 of 1994.

Finally, we should highlight the importance that the constitution of 1991 gave people Indians, in particular Articles 7, 246, 286.329 and 330, in development of which have issued decrees 1087, 1088 and 1089 of 1993, relating to tax rules relating to indigenous lands and regulating the establishment of associations Councils and / or indigenous traditional authorities.

of the constitutional provision is Article 329 emphasizes that allows the creation of indigenous territorial entities, which to date has not been possible in the non-issuance of the organic law of land, local authorities that would fall largely solve the land tenure and natural for their legitimate owners, as long as the State stop treating the Indian problem from the standpoint of farmers, that is, assuming the assimilated indigenous and the economic and social status of peasants, leave their territory to take in waste lands, ejidos and family farming units and also create an entity directed especially to address their problems and needs, A SECRETARY IN THE PRESIDENCY OF THE REPUBLIC FOR INDIGENOUS AFFAIRS.

However, the resolution of indigenous issues in Colombia, must be done with the thought of removing Aboriginal forces that consume shadows, to make them live in the light, the moving landscape of a world developed with the pulse energies common.

A world that is developing by leaps and bounds and which, together with them, our beautiful indigenous people will like the cornfield in the Russian steppes, where the warmth of spring up from the earth the weight of the frozen snow.