Agrarian Reform In Colombia And Its Implications
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Introduction
Agrarian reform can be defined as a series of policies aimed at modifying the agricultural structure, through redistribution, property and productive use measures of the land. The objective is to boost the development of the field through agricultural activities, implementing the access of the landless peasantry to productive resources. However, the application of such reform in Colombia has differential implications.
Developing
Although it is a legislated terrain, in practice we can elucidate facts that show us that we have a substantive problem that has historically been maintained, for the study of the current condition of agricultural policies, their expedition and implementation, it is necessary to take into account theHistorical dynamics that have taken place in our society and specifically in the national environment, mainly the role of the State in normative regulation.
Whose influence has had an impact on the cultural, political and mainly economic sphere. The land problem is the definition attributed by authors such as Machado, to explain the phenomena of tenure and the legal expression of property rights, articulated in the Colombian agricultural model. It also defines the agrarian structure as an open system, made up of several subsystems, inside and outside the State, and dynamic according to the progress of the capitalist system.
For the purposes of this analysis, we will have in accounts the legislation corresponding to this problem, mainly Law 200 of 1936 whose promulgation had a place for the social events of the time, the invaders claimed as vacant lots the lands they occupied by force, while theOwners claimed to be supported by their notary title that accredited them as owners.
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The solution consisted of demanding the possession and material exploitation to demonstrate the domain.
That is, economic use of the land by their owners in the parameters of the social function of property was required, to limit the scope of the notarial title. Subsequently, Law 135 of 1961 was promulgated in which the Colombian Institute of Agrarian Reform (INCORA) was created. Although the aforementioned laws were intended to solve the problems related to the agricultural structure in Colombia.
In practice, social tensions generated by inequality between a proprietary social minority and a majority devoid of this. The occupation of the Earth has been erroneous, the main features are the hoarding of large extensions of land for livestock, the poor use of agricultural potential and the displacement of the peasant population aggravated by the internal war.
In addition, the growing drug trafficking and corruption industry has led to the dispossession of land to small and medium owners, even aroused the creation of an association for the collective defense of the great property. Our regime of property of the Earth is inherited from the Napoleon Code which privileges the property entitled and registered in the Registry of Public Instruments on the Occupation and Material Possession.
It is undeniable that a considerable amount of rural properties do not have registered titles, the main factor is attributed to informal possession systems, such as the inheritance and transfers of the Earth, due to the great ignorance of the peasant communities about the substantive and substantive institutions of the substantive andprocedurals around rural property. This fact is closely related to the low implementation of policies.
conclusion
Aimed at correcting the phenomena of power within the agricultural structure, promoting the exclusion of the peasant population and preventing their social and political progress. Based on the arguments exposed, the need for a restructuring of public policies aimed at regulations in the agricultural and institutionality for its effective development can be inferred, given that the State has the obligation to create instruments and institutions.
The function of managing that the Earth fulfills its social function. The recognition of property right must be excluded that acquired with illicit resources, especially the rights of the extensive possession of the Earth, the illegally appropriate on areas of the nation and the land obtained through violent mechanisms, in order to eliminate territorial powerof criminal groups, whose source of income is drug trafficking.
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