What is the scope of conciliation in the plan of social ordering of property in Colombia?

Abstract

In the framework of the final agreement for ending the conflict and building a stable and lasting peace in Colombia, chapter one, called Comprehensive Rural Reform, stipulated the development and implementation of Plans for Social Management of Rural Property and Productive Land Use (POSPR in Spanish) under the modality of property sweep, which was reflected in decree law 902 of 2017. The National Land Agency was responsible for implementing the plan. This agency is the highest authority on land issues and is in charge of managing access to land for communities benefiting from the peace agreement. This decree provided for conciliation as a preferred alternative conflict resolution mechanism. At the same time, it determined the irreconcilable matters related to access to the land policy and, for reasons of regulatory integrity, the limit of this mechanism is extended to other regulations. In addition, due to the proximity to the beneficiary communities of this policy, a prerogative is provided to the National Land Agency to conciliate matters related to its mission. In this context, we will reflect on the scope of conciliation in the POSPR as well as its benefits during property sweep.