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.
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