Hacia un Nuevo Campo Colombiano: Reforma Rural Integral

• Country/entity

  Colombia
  
• Region

  Americas
  
• Agreement name

  Hacia un Nuevo Campo Colombiano: Reforma Rural Integral
• Date

  6 Jun 2014
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Colombian Conflict (1964 - ) )
• Stage

  Framework/substantive - partial
• Conflict nature

  Government
• Peace process

  Colombia V - Santos
• Parties

  Delegates of Government of the Republic of Colombia (The National Government) and the Revolutionary Armed Forces of Colombia (FARC-EP)
  
  Los delegados del Gobierno de la República de Colombia (el Gobierno Nacional) y las Fuerzas Armadas Revolucionarias de Colombia (FARC-EP)
• Third parties

  -
• Description

  This agreement provides for a place an Integral Rural Reform with the aim to put an end on the conflict, lay the bases for a structural transformation of the countryside and improve the conditions of the rural population. It defines I. its principles, II. Access and Use. Unproductive lands. Formalisation of property ownership. Agricultural Frontiers and the protection of reservation zones, III. Development programmes with territorial approach, IV. National Plans for the Integral Rural Reform

• Agreement document

  CO_140606_ReformaRural - tr.pdf | Download PDF
• Agreement document (original language)

  CO_140606_ReformaRural.pdf | Download PDF

• Main category

  Page 1, Toward a New Colombian countryside: Integral Rural Reform:
  It will be considered:
  …
  that a true structural transformation of the countryside requires measures to promote the proper use of land, in accordance with its designated use and to stimulate the formalisation, restitution and equitable distribution of land. It should also ensure progressive access to rural property for inhabitants of the countryside, and in particular to women and the most vulnerable population. Such transformation should regularise and democratise property rights, promote the redistribution of land, in order to fulfil its social function ….
  
  Page 2, Toward a New Colombian countryside: Integral Rural Reform:
  It will be considered:
  …
  In relation to food and nutrition, the IRR (Integral Rural Reform) will ensure sufficient availability and access of opportunity, quantity, quality and price for food necessary for good nutrition, for all rural and urban citizens in Colombia, especially for boys and girls, pregnant and lactating women, and the elderly. This will be achieved primarily by promoting the production of food and income generation.
  
  Page 3, Principles, 3. Prioritisation:
  Integral agricultural development policy will be universal and its implementation will prioritise the most disadvantaged and vulnerable populations and territories, including the communities most affected by poverty, neglect and the conflict. The policy will focus on small and medium producers. Particular attention will be paid to the rights of children, women and the elderly.
  …
  
  Page 5, 1. Access and Use. Unproductive lands. Formalisation of property ownership. Agricultural Frontiers and the protection of reservation zones
  …
  1.3. Beneficiaries: the beneficiaries of the plan of free allocation, integral subsidy and special credit will be agricultural workers without land or with insufficient land. Women heads of household and displaced populations will be prioritised. Other beneficiaries may include Agricultural workers' associations without land or with insufficient land, as well as people and communities that participate in settlement and resettlement programs with the aim, among others, to protect the environment, replace illicit crops and strengthen food production.
  
  Page 5, 1. Access and Use. Unproductive lands. Formalisation of property ownership. Agricultural Frontiers and the protection of reservation zones, 1.4. Integral Access:
  In the development of principles of well-being, good-living, integrity as well as access to land, the National Government will make available, to male and female beneficiaries of the Land Fund, support plans for housing, technical assistance, capacity building, soil improvement and land recovery where necessary, production projects, commercialisation and access to means of production that increase the value, and scale up the provision of public goods within the framework of the Agricultural Development Programs with Integral Territorial Approach (PDET).
  
  Page 13, 3. National Plans for the Integral Rural Reform, 3.2. Social development: health, education, housing, poverty eradication,
  3.2.1 Health:
  …
  b. The adoption of a targeted gender approach, including special measures for pregnant women, boys and girls in the prevention of disease and the promotion of health care.
  
  Page 14, 3. National Plans for the Integral Rural Reform, 3.2. Social development: health, education, housing, poverty eradication, 3.2.2. Rural Education:
  …
  i. The promotion of vocational training for women in non-traditional vocations.
  
  Page 15, 3. National Plans for the Integral Rural Reform, 3.2. Social Development: health, education, housing, poverty eradication, 3.2.3. Shelter and drinking water:
  …
  c. The allocation of subsidies for construction and home improvement, will give priority to the population in extreme poverty, the victims, the beneficiaries of the land distribution plan, and women head of family. The amounts of the non-repayable grant, which may cover up to the entire housing solution, shall be define in accordance with the requirements and costs of construction in each region, in order to ensure conditions of decent housing.
  
  
  Page 19, 3. National Plans for the Integral Rural Reform, 3.3 Incentives to agricultural production, solidarity and cooperative economy, technical assistance, grants, credit, income generation, commerce, labor formalisation, 3.3.5. Formalisation of rural labour and social protection:
  …
  e. The promotion of Women into non-traditional productive areas
  
  Page 20, 3. National Plans for the Integral Rural Reform, 3.4. Food Security (Sovereignty) System:
  …
  d. Programmes against hunger and malnutrition will be developed at a national scale, particularly for the rural population in conditions of poverty, pregnant and breastfeeding women, children, and for the elderly. These programs include intensive plans for the most vulnerable rural population and those in extreme poverty.
  
  
  (p.1) Que una verdadera transformación estructural del campo requiere adoptar medidas para promover el uso adecuado de la tierra de acuerdo con su vocación y estimular la formalización,
  restitución y distribución equitativa de la misma, garantizando el acceso progresivo a la propiedad rural de los habitantes del campo y en particular a las mujeres y la población más vulnerable, regularizando y democratizando la propiedad y promoviendo la desconcentración de la tierra, en cumplimiento de su función social….
  
  (p.2) Que la RRI en materia de alimentos y nutrición pretende asegurar para todos los ciudadanos rurales y urbanos en Colombia disponibilidad y acceso suficiente en oportunidad, cantidad, calidad y precio a los alimentos necesarios para una buena nutrición, especialmente la de los niños y niñas, mujeres gestantes y lactantes y adultos mayores, promoviendo prioritariamente la producción de alimentos y la generación de ingresos.
  ….
  Principios:
  (p.3) 3. Priorización: la política de desarrollo agrario integral es universal y su ejecución prioriza la población y los territorios más necesitados y vulnerables, y las comunidades más afectadas por la miseria, el abandono y el conflicto, y hace énfasis en el pequeño y mediano productor. Especial atención merecen los derechos de los niños, las mujeres y los ancianos.
  …
  1. Acceso y Uso. Tierras Improductivas. Formalización de la propiedad. Frontera agrícola y protección de zonas de reserva.
  …
  (p.7) 1.3. Beneficiarios: los beneficiarios del plan de adjudicación gratuita, y del subsidio Integral y el crédito especial, serán trabajadores con vocación agraria sin tierra o con tierra insuficiente, priorizando a la mujer cabeza de familia y a la población desplazada. También podrán ser beneficiarias asociaciones de trabajadores con vocación agraria sin tierra o con tierra insuficiente, así como personas y comunidades que participen en programas de asentamiento y reasentamiento con el fin, entre otros, de proteger el medio ambiente, sustituir cultivos ilícitos y fortalecer la producción alimentaria.
  …
  
  1.4. Acceso integral: en desarrollo de los principios de bienestar y buen vivir, y de integralidad, además del acceso a tierra, et Gobierno Nacional pondrá a disposición de los hombres y mujeres beneficiarios del Fondo de Tierras, planes de acompañamiento en vivienda, asistencia técnica, capacitación, adecuación de tierras y recuperación de suelos donde sea necesario, proyectos productivos, comercialización y acceso a medios de producción que permitan agregar valor, entre otros, y escalará la provisión de bienes públicos en el marco de los Programas de Desarrollo Agrario Integral con Enfoque Territorial, en adelante PDET.
  ….
  3. Planes Nacionales para la Reforma Rural Integral
  …
  (p.13) 3.2. Desarrollo social: salud, educación, vivienda, erradicación de la pobreza
  3.2.1 Salud:…
  b. La adopción de un enfoque diferencial y de género, incluyendo medidas especiales para mujeres gestantes y los niños y niñas, en la prevención, promoción y atención en salud.
  
  (p.14) 3.2.2. Educación rural:…
  i. La promoción de la formación profesional de las mujeres en disciplinas no tradicionales para ellas.
  
  (p.15) 3.2.3. Vivienda y agua potable:…
  c. El otorgamiento de subsidios para la construcción y para el mejoramiento de vivienda, que prioricen a la población en pobreza extrema, las víctimas, los beneficiarios del Plan de distribución de tierras y a la mujer cabeza de familia. Los montos del subsidio no reembolsable, que podrán cubrir hasta la totalidad de la solución de vivienda, se fijarán atendiendo los requerimientos y costos de construcción en cada región, con el fin de garantizar condiciones de vivienda digna.
  …
  3.3.5. Formalización laboral rural y protección social:…
  (p.19)
  e. La promoción de la vinculación laboral de las mujeres en áreas productivas no tradicionales.
  
  (p.20) 3.4. Sistema de seguridad (soberanía) alimentaria:…
  d. El desarrollo de programas contra el hambre y la desnutrición con cobertura nacional, especialmente para la población rural en condiciones de miseria, las mujeres gestantes y lactantes, niños y niñas, y para la tercera edad. Estos programas incluirán planes de choque pare la población rural más vulnerable y en pobreza extreme.

Women, girls and gender

Joint Draft:

Towards a new Colombian Countryside:

Comprehensive Rural Reform

The delegates of the Government of the Republic of Colombia (the National Government) and the Revolutionary Armed Forces of Colombia (FARC-EP), regarding:

I. Towards a new Colombian countryside:

comprehensive rural reform

Considering:

That in the framework of the present agreement for the termination of the conflict, the comprehensive rural reform, hereinafter RRI, will provide the basis for the structural transformation of the countryside, creates conditions of well-being for the rural population, and by doing so contributes to the building of stable and lasting peace.

That in the opinion of the government this transformation must contribute to reversing the effects of the conflict and to changing the conditions that have facilitated the persistence of violence in the territory.

In the view of the FARC-EP, this transformation should contribute to solving the historical causes of the conflict, such as the unresolved question of ownership of land and particularly the concentration of ownership, the exclusion of rural populations, and the backwardness of rural communities.

That the RRI conceives of rural territory in a socio-historical sense, with social and cultural diversity, in which the communities play a leading role both in defining the improvement of their living conditions, and in defining the development of the country within a vision of urban-rural integration.

That integrated rural development is crucial to boosting the integration of the regions and to the equitable social and economic development of the country.

The RRI must achieve large-scale transformation of the Colombian rural reality, one that integrates the regions, eradicates poverty, promotes equality, ensures the full enjoyment of rights and citizenship, and as a consequence guarantees the non-repetition of the conflict and the eradication of violence

That a true structural transformation of the countryside requires adopting measures to promote appropriate use of the land in accordance with its suitability, and to stimulate the formalisation, restitution, and fair distribution of this land, guaranteeing progressive access to the rural property of the inhabitants of the countryside and in particular to women and those most vulnerable in the population, regularising and democratising ownership of property and promoting the decentralisation of land ownership, in accordance with its social function.

That although this access to land is a necessary condition for the transformation of the countryside it will not be sufficient without the state establishing national finance schemes, intended for the integrated rural development, for the provision of public services and goods, such as, including but not limited to, education, recreation, infrastructure, technical assistance, food and nutrition, that provide welfare and wellbeing to the rural population.

That in its vision the RRI recognises the vital role of the familial and communal rural economy in the development of the countryside, in the eradication of hunger, the generation of employment and income, the dignifying and formalisation of work, the production of food and, in general, the development of the nation, in aspects of coexistence and coordination complementary to other forms of agricultural production.

The RRI will make greater efforts with the most vulnerable populations, to guarantee them conditions of welfare and wellbeing and to strengthen their methods of organisation and production.

That, in terms of food and nutrition, the RRI aims to ensure for all rural and urban citizens in Colombia availability and sufficient access in opportunity, quality, quantity, and price, to food necessary for good nutrition, especially for that of children, pregnant and lactating women, and the elderly, advancing first and foremost the production of food and generation of income.

That the effectiveness, transparency and the successful development of the RRI depend to a large extent on promoting an extensive amount of participation from the communities, by creating inclusive and democratic institutional spaces in which they have the capacity to influence and transform the planning, implementation, and monitoring of the various agreed schemes and programmes.

Participation also guarantees increased inclusiveness of rural communities in the political, economical, social and cultural aspects of their regions, and therefore of the nation.

That the farmers and the indigenous, afro-descendant, raizal and palenquera communities, as well as other ethnic communities in their territories, will contribute to the structural transformation of the countryside and in particular to the closure of the agricultural border, with a sustainable socio-environmental regulation system.

This requires the recognition and support of Farmer Reserve Areas (Zonas de Reserva Campesina) and other forms of solidarity-based collaboration.

That the RRI will be applied universally, and its execution prioritises territories most affected by conflict, poverty, and abandonment, through development programmes with a territorial approach as a means of reconciliation, in which all involved work ultimately in the interest of building peace, a compulsory right and duty.

That the schemes and programmes agreed as part of the RRI should take a territorial approach that involves recognising and taking into account the economic, social, and cultural needs, characteristics and particularities of the territories and rural communities, as well as guaranteeing socio-environmental sustainability.

That integrated rural development should be advanced by the State in a context of globalisation and integration policies that require special focus on national agricultural output, and especially on the rural population’s output, both familial and communal.

Principles

For development of the discussion of the first point of the Agenda of the Overall Agreement the following principles are agreed upon:

Structural transformation:

i.e. the fair and democratic transformation of the reality of rural life.

Welfare and well-being:

the final objective is to eradicate poverty and to fully satisfy the needs of the citizens of rural areas, so that in the shortest possible amount of time the farmers and communities (including afro-descendant and indigenous) will be able to fully exercise their rights, and the convergence of rural and urban quality of life can be reached, respecting the territorial approach and the cultural and ethnic diversity of the community.**

Prioritisation:

integrated agricultural development is a universal policy and, its execution prioritises the most in need and vulnerable populations, and the communities most affected by conflict, poverty, and abandonment, as well as placing emphasis on small and medium-scale producers.

The rights of children, women, and the elderly deserve special attention.

Comprehensiveness:

ensures productivity through programmes that will pair effective access to the land with innovation, science and technology, technical support, credit, irrigation systems, and commercialisation, as well as with other methods of production that will add value.

It also ensures the opportunity for good living conditions, that stem from access to public resources such as health, food, and education services, as well as connectivity and infrastructure (food safety and sovereignty)

Restoration:

the reestablishment of the rights of victims of displacement and dispossession, and the reversal of the effects on communities and territories caused by conflict and abandonment.

Regularisation of property:

i.e. fighting against illegality in the context of possession and ownership of land, and guaranteeing its legitimate holders and owners their rights, so that violence is not resorted to again as a means of resolving conflicts related to land.

Participation:

the planning, execution and following of the schemes and programmes will advance with active participation from the communities, which will also act as a guarantee of transparency when coupled with accountability, citizen oversight committees, and special supervision of the competent bodies.

Benefit, impact and measurement:

taking into account prioritisation, the greatest number of citizens should benefit and be affected to the highest degree and within the least possible amount of time, and the effect of each project and on each region should be measured.

Sustainable development:

i.e. protecting and facilitating access to water in an environmentally and socially sustainable manner, with an orderly approach to the territory.

Presence of the State:

in order to build a stable and lasting peace the presence of the State in the rural territory will be ample and efficient, and will manifest itself in the form of fulfilling the rights of all citizens in the democracy.

Democratisation of access to and suitable use of land:

methods and guarantees that allow for the largest possible amount of the rural population, currently without or with insufficient amounts of land, to have access to it, as well as encouraging their suitable use of the land with criteria for environmental sustainability, suitability of the land, land management, and participation from the communities. **

*The introduction to the principles is a transitional paragraph

*The FARC-EP insists upon the need to establish a principle of food sovereignty when defining the politics of integrated agricultural development with a territorial approach.

The national government insists that the point as agreed in the General Agreement (subpoint 6 of point 1) be known as the food safety system.

Access and use.

Unproductive lands.

Formalisation of property.

Agricultural border and protection of Farmer Reserve Areas.

Land Fund (name pending)

The National Government will create a Land Fund which will be distributed free of charge, with the aim of achieving the democratisation of access to land, for the benefit of the rural population currently without or with insufficient amounts of land and for the benefit of the rural communities most affected by poverty, abandonment and conflict, as well as regularising the property rights and thus decentralising and promoting equitable distribution of land.

The Land Fund will provide (xxx) millions of hectares over a period of (xxx) years, land which will come from the following sources:

Land recovered by the state through civil forfeiture:

the National Government will advance the reforms necessary to facilitate the process of civil forfeiture, so as to revert the concentration of illegal land.

Land recovered in favour of the state:

i.e. misappropriated uncultivated land, recovered through agricultural processes, without prejudice against the farmers, who can benefit from the formalisation programme. (

This source should be strengthened through ‘cadastral’ training and modernisation which will be advanced under this Agreement)

Land from the modernization, delimitation and strengthening of the Forest Reserve, intended for those parties benefiting from the Land Fund:

subtraction of land through this method will be dependent on, with the participation of communities, schemes that will guarantee social and environmental sustainability.

Unused land:

land recovered by applying the current civil forfeiture administrative procedure for the breach of the social and ecological role of the property.

Land acquired or expropriated for reasons of public interest or utility, acquired to promote access to rural property, with the appropriate compensation.

Donated land:

the National Government will advance the necessary arrangements to facilitate the procedure of donating land to the Land Fund, within the framework of ending conflict and building peace.

Other methods for improving access to land:

in addition to the above methods, the National Government is committed to:

Comprehensive subsidy for purchases:

a comprehensive subsidy will be granted for purchasing of land by the beneficiaries (see 1.3), in prioritised areas and as an alternative tool to help solve specific land-access problems.**

Special credit for purchases:

a new long-term subsidised credit line will be opened for purchasing of land by the beneficiaries (see 1.3).

Beneficiaries:

the beneficiaries of the free allocation scheme, of the comprehensive subsidy, and of the special credit, will be workers with an agricultural vocation who currently have no or insufficient land, prioritising female heads of household and any displaced population.

Associations of workers with an agricultural vocation who currently have no or insufficient land will also be potential beneficiaries, as well as people and communities who participate in settlement and resettlement programmes, with the goals being included but not limited to:

protecting the environment, replacing illegal crops and strengthening food production.

The beneficiaries of the free allocation scheme and of the comprehensive subsidy will be selected with the participation of the local communities, as a guarantee of transparency and efficiency.

Governments and communities will ensure that speculation of land is avoided within the framework of these programmes.

Comprehensive access:

the development of welfare, well-being, and integrity principles, as well as access to land, the National Government will make available the following to men and women benefitting from the Land Fund:

support schemes in housing, technical support, training, land improvement and land reclamation where necessary, production projects, as well marketing of and access to means of production that will add value.

It will also increase the provision of public goods under the Programmes of Integrated Agricultural Development with a Territorial Approach, hereinafter PDET.

Mass formalisation of small and medium rural property:

with the purpose to regulate and protect the rights of small and medium rural property, i.e. guaranteeing the rights of the legitimate owners and holders of land, so that violence is not again resorted to as a means to resolving conflicts related with the land, and as a guarantee against dispossession of any kind.

The national government will, subject to constitutional and legal code, progressively formalise all land occupied or held by peasants in Colombia.

In furtherance of this purpose the government:

Will tailor a scheme of mass formalisation and advance the relevant regulatory and operational reforms, guaranteeing the participation of communities and their organisations.

Ensure the gratuity of the formalisation of small-scale rural property, coupled with providing the process of awarding public land, and the sanitation of property.

In the framework of agrarian jurisdiction that will be formed, the government will ensure the existence of a fast and efficient course of action for the protection of property rights.

In cases where the formalised property is inferior to a Family Agricultural Unit (UAF)*, the small-scale formalised owner will also be able to benefit from access to the Land Fund, and from alternative mechanisms such as credit and subsidised grants to help overcome the proliferation of unproductive smallholdings,

*Family Agricultural Unit is understood as established in art.

38 of Law 160 of 1994.

Inalienable and unseizable land:

in order to ensure the welfare and wellbeing of beneficiary families, and to avoid the concentration of land distributed through free allotment or integrated subsidised grants and of formalised public land, the above shall be inalienable and unseizable a period of 7 years.

Distributed properties, and those acquired through integrated subsidised grants that have received comprehensive support, that despite this become, because of the beneficiary, unutilised during this period, or that are utilised illegally, will be assigned to the Land Fund, unless caused by unforeseen circumstances or force majeure.

At all times the function of rural property and in particular family farming will be promoted.

Restitution*:

the national government and FARC-EP share the goal of reversing the effects of conflict and returning to communities and to victims of dispossession and forced displacement their rights regarding land, and of achieving the voluntary return of those displaced.

*The conclusions of point 5 of the general agreement will be reviewed, to see if they change the content of this point 1.7.

Mechanisms to resolve conflicts of ownership and use and to strengthen food production:

contributing to the regularisation and protection of property rights, promoting suitable use of land, improving the planning and management of land, preventing and mitigating conflicts of ownership and use, and in particular resolving conflicts that threaten or restrict food production.

With the above goals the national government:

Will create quick and effective mechanisms for conciliation and resolution of conflicts of ownership of land, whose goal will be to guarantee effective protection of property rights in the countryside;

to resolve conflicts related with land ownership and land use rights;

and, in general, promote regularisation of rural property, including traditional mechanisms, and participation from the communities in the resolution of conflicts.

In addition, it will launch a new agrarian jurisdiction with the same goal, which will have adequate coverage and capacity in the territory, with emphasis on polarised areas, and will have mechanisms that guarantee access to justice which will be both quick and appropriate for rural population living in poverty.

Will create a high-level body that will be responsible for forming general guidelines for land use, by addressing the characteristics of its suitability, the common good, and territorial views of rural development within a participatory framework.

When forming the guidelines the following will be taken into account:

1) the socio-environmental sustainability and the conservation of water resources and biodiversity;

2) the compatibility between use and suitability of rural land;

3) the priority of food production for the development of the country, allowing it to coexist with other economic sectors and boosting its progression towards self-sufficiency;

4) the social, cultural and economic characteristics of the territories.

Will promote the effective use of spaces for participation and decision-making in planning the use of rural land and land management.

Will create mechanisms that will allow consultation and social dialogue between the national, regional, and local government, and the farmers and indigenous, black, afro-descendant, raizal and palenquera communities, as well as other communities comprised of different ethnic groups and cultures, and private sector companies that are advancing their economic activity in rural areas.

This is with the goal to create formal spaces for discussion between parties with different interests, which will facilitate the promotion of a communal development agenda, orientated towards socio-environmental sustainability, as well as the welfare of the rural population and growing the economy with equity.

Creating and updating the land registry and rural property tax:

with the goal of promoting suitable, productive, and sustainable land use;

creating an information system that is used to promote integrated rural development;

increasing effective tax collection in communities and social investment;

promoting decentralisation of unproductive rural property, and in general regulating with transparency and property, the national government will put forward:

A general information system for land registry information, which is both comprehensive and multipurpose, that within a maximum period of (xx) years will create and update the land registry, link the registry of rural properties, and run within the framework of municipal autonomy.

To develop the principles of prioritisation and of welfare and wellbeing, this land registry must produce early results in priority areas, within the framework agreed by the national government and the FARC-EP.

Technical, administrative and financial support for municipalities for the creation, and where necessary, updating and maintenance of the rural land registry.

The guarantee of a large amount of and effective public participation to ensure transparency of information.

In all cases, land registry issues which are related to rural communities will be dealt with the participation of the members of said community.

Under no circumstances will that which is agreed upon here affect rights acquired by indigenous, afro-descendant, or other rural communities.

A system by which the municipalities settle, charge, and efficiently collect property taxes, within the framework of its autonomy, to update the land registry.

Adapting regulations so that the municipalities set property tax rates to help develop the progressive principle:

who has more, pays more, based on social equity and justice.

Incentives to municipalities including, when necessary, payments to them, so that they may offer exemptions from property tax for beneficiaries of the access programmes and small-scale farmers.

The goals of creating and comprehensively updating the land registry, as a registry for rural properties, besides achieving sustainable improvement when it comes to information related to land registry, are to give social and judicial security, especially to small and medium-scale rural property, so as to benefit food production and environmental balance

*The FARC-EP believe that the development of this point requires international backing.

The discussion will be had under the framework of point 6 of the General Agreement.

*Pending colophon discussion proposed by the FARC-EP:

to help achieve a transformation of the relations of land ownership, the government will develop policies to overcome smallholdings and land concentration, based on encouraging associative, communal, and cooperative forms of ownership and land use.

The definition of a smallholding will conform to that suggested in the IGAC.

*Pending:

within the framework of point 5 of the General Agreement, establishment of a special chapter on displacement and dispossession as part of an independent mechanism to help clarify the truth.

Closure of the agricultural border and protection of reserve areas:

delimiting the agricultural border, protecting areas of particular environmental interest, and generating balanced alternatives between environment and wellbeing and welfare for farmers that border or occupy such areas.

With the above goals, and under the principles of participation of rural communities, the national government:

Will develop in a timeframe of no more than two years an environmental zoning scheme that will delimit the agricultural border and will allow the update and, if necessary, the increase of inventory, as well as profiling the use of areas that require special environmental management, such as:

forest reserve areas, areas with biodiversity, fragile and strategic ecosystems, basins, moors, wetlands, and other water sources and resources, with a view to protecting biodiversity and progressive right to water of the population, therefore promoting its sensible use.

For the development of the scheme, the national government will consider the coexistence and development ventures themselves, and the participation of the rural communities as a guaranty as a guarantee that the goals of this point will be met, without prejudice towards the interests of the communities, the common good, and socio-environmental interests.

Will support rural communities (that currently border with or occupy the areas of special interest that are alluded to in point 1.9.1.),

in structuring its development plans, including resettlement programmes or community restoration of forest and environment programmes, that will be suitable for and contribute towards the objective of closing the agricultural border and conserving the environment, such as:

providing environmental services, giving special recognition and appreciation to those that are intangible spiritual and cultural and protecting social interest;

sustainable food production and forest pasture systems;

reforestation;

Farmer Reserve Areas;

and in general, other forms of organization of rural population and sustainable farming economy.

With the goal of promoting suitable use of land, as well as the new land registry structure and of the progressiveness of property tax (1.8), the government will adopt measures and create incentives necessary to prevent and encourage solutions to conflicts between suitability land and its actual use, taking into special consideration the environmental zoning scheme that this point is concerned with, and taking into account the principles of wellbeing and welfare.

The subtraction of the Forest Reserve Areas that this agreement refers to will prioritise access to land to farmers without land or land-poor, through different forms of organisation or association, including Farmer Reserve Areas (hereinafter ZRC), that contribute to the closure of the agricultural border, to the strengthening of the farming economy, and to familial farming.

ZRCs are agricultural initiatives that contribute to building peace, to guaranteeing the political, economic, social and cultural rights of farmers, to sustainable socio-environmental and food development, and to the reconciliation between Colombians.

By consequence, the national government, in consultation with the communities, and taking into account the issues raised in principles 2 and 7 of this Agreement, will promote access to land and the planning of its use in ZRCs, making the support of the development schemes from constituted areas effective, in response to community and agricultural society initiatives that these consider representative.

In this way they will achieve the aim of boosting farming economy and contributing to closing agricultural borders, contributing to food production and to protecting Forest Reserve Areas.

Active participation of the communities that inhabit ZRCs will be encouraged when executing their development plans.

As part of the process of becoming constituted as a ZRC, the government, as a result of consultation methods, will define with interested communities the areas of each of them, meeting the needs of farmers who are proceeding or who want to proceed with the process of constitution.

The constitution of ZRCs will be accompanied by property formalisation processes.

2. Development programmes with a territorial approach (PDET)

Objective:

the objective of the PDET is to achieve a structural transformation of the countryside and rural areas, as well as an equitable relationship between countryside and city, in such a way that ensures:

The welfare and wellbeing of rural population, making their political, social, and cultural rights effective, and reversing the effects of poverty and conflict.

The protection of multiethnic and multicultural wealth so that it contributes to knowledge, to organisation of life, to the economy, to production, and to the relationship with nature.

The development of the farming and familial economy (cooperative, mutual, communal, as a microenterprise and associative solidarity) and own production methods of indigenous, black, afro-descendant, raizal and palenquera communities, through integrated access to land and productive and social goods and services.

The PDET will intervene with equal emphasis in interethnic and intercultural areas, to effectively move towards development and harmonious coexistence.

The development and integration of abandoned and hard-hit regions implementing progressive public investments, consulted with the communities, in order to achieve convergence between rural and urban quality of life, and to strengthen links between city and countryside.

The recognition and promotion of community organisations so that they are frontline players of the structural transformation of the countryside.

That it will make the Colombian countryside a scenario of reconciliation in which all work around a common goal, which is building peace, a supreme good and a compulsory right and duty.

2.2. Prioritisation criteria:

the process of transforming the structure of the countryside must cover the entirety of the rural areas of the country.

Areas that are most needy will be prioritised with PDET to implement national schemes that are created within the framework of this agreement more quickly and with more resources.

The criteria of prioritisation for these areas will be:

Levels of poverty, in particular of extreme poverty and unmet needs

The degree of the impact of conflict

The weakness of administrative institutionalism and management capacity.

The presence of illicit crops and other illegitimate economies

2.3. Plans of action for regional transformation:

to meet the objectives of the PDET, in each prioritised zone a plan of action for regional transformation must be decided upon, in a participatory manner, which should include all levels of land management, consulted with the local authorities and communities.

The plans should address:

The rural communities’ territorial approach that takes into account the socio-historic, cultural, environmental, and productive characteristics of the territory and its inhabitants, as well as the suitability of the land, so as to be able to deploy public investment resources in a sufficient manner, and in harmony with both the tangible and intangible values of the nation.

An objective diagnosis, developed with participation from the communities, in which the needs of the territory and the actions that coordinate its various elements, as well as having clear and precise goals that make possible the structural transformation of living conditions and productions.

The National Development Plan will accept the priorities and goals of the PDET.

2.4. Participation mechanisms:

The basis of the PDET is the active participation of communities, paired with territorial entity authorities.

To allow this, decision-making authorities will be established for each level of territory, which will include both a representative presence of the communities as well as support from supervisory bodies, so as to:

Define priorities when implementing national schemes (roads, irrigation, infrastructure, services, etc.)

in the area, according to the needs of the population.

Ensure participation from the community when executing and maintaining projects.

Establish mechanisms for monitoring and overseeing projects.

2.5. Resources:

the PDET will be the mechanism for executing the various national schemes derived from the Agreement.

The national government, with support from local authorities, will allocate the necessary resources to ensure the design and implementation of plans for structural transformation.

2.6. Monitoring and evaluation:

the programmes and action plans for regional transformation of each prioritised area will have monitoring and evaluation mechanisms discussed in point 6, to ensure that what is agreed upon is implemented and enforced.

*Pending the review of institutional framework for implementing plans in non-prioritised areas.

3. National schemes for the RRI

The main objective of the national schemes for the RRI is on one hand overcoming poverty and inequality, to provide welfare to the rural population;

and on the other hand it is integration, and closing the gap between city and countryside.

Overcoming poverty is not achieved by simply improving the income of families, but rather by ensuring that they have adequate access to public goods and services.

That is the basis of a decent life.

For this reason, overcoming poverty in the countryside depends first of all on united action of the national schemes for RRI, which, over the course of a 10 year transition phase, will achieve eradication of extreme poverty and reduction of all dimensions of rural poverty by 50%, as well as diminishing inequality and creating a trend towards convergence of higher living standards in the city and the countryside.

Land infrastructure and improvement

3.1.1.

Road infrastructure:

with the goal of achieving regional integration and access to social services and markets, having a favourable impact on food prices to ensure (food safety*) and improving the income of the rural population, the national government will create and implement a Nation Tertiary Roads Scheme.

In its development, the Scheme will take into account the following approaches:

Active participation of communities in prioritising, executing and monitoring the projects.

Technical support and advancement of the organisational capacities of the communities to ensure the maintenance and sustainability of the projects.

Stimulating the local economy by giving priority to hiring local workers and purchasing local materials.

Advancement and application of different technological solutions.

Importance of guaranteeing sustainability of socio-environmental conditions.

*Pending discussion 1.6 food safety and sovereignty

3.1.2.

Irrigation infrastructure:

with the goal of boosting familial agricultural production and the rural economy in general, ensuring democratic and environmentally sustainable access to water, the national government will create and implement the National Irrigation and Drainage Scheme for the rural economy, both familial and communal.

When developing the plan the following approaches will be considered:

Advancement and application of suitable irrigation and draining technological solutions for the familial and communal rural economy, in line with the characteristics of the area, of production projects, and of the communities.

Recovery of the irrigation infrastructure of the familial and communal rural economy.

Backing of user associations in designing and formulating irrigation and drainage projects.

Technical support and advancement of the organisational capacities of the communities to ensure the maintenance, administration and economic and environmental sustainability of the irrigation and drainage projects.

Advancement of best practices for water use in irrigation.

Preparation required to mitigate risks caused by climate change.

3.1.3.

Electrical and connectivity infrastructure:

with the goal of ensuring decent living conditions and improving connectivity, the national government will create and implement a National Rural Electrification Scheme and a National Rural Connectivity Scheme, with the following approaches:

Increase of electricity coverage.

Advancement and application of suitable technological solutions for generating power, in line with the needs of rural areas and communities.

Technical support and advancement of the organisational capacities of the communities to ensure the maintenance and sustainability of the projects.

Training in the proper use of electricity to ensure its sustainability.

Installation of the necessary infrastructure to ensure high-speed internet access in municipal centres.

Offering public internet access solutions for populated centres.

3.2. Social development:

health, education, housing, eradication of poverty.

Health:

with the goal of offering communities health services, strengthening the infrastructure and quality of rural areas’ public networks and improving the timeliness and relevance of the service, a National Rural Health Scheme will be created and implemented.

When developing the Scheme, the following approaches will be considered:

Constructing and improving infrastructure based on a comprehensive and participatory diagnosis that caters to the largest number of users in each region, providing equipment, including adopting new technologies to improve resources (eg Telemedicine) as well as the availability and retention of qualified personnel.

Adopting a differential and gender-based approach, including special measures for pregnant women and children when it comes to prevention, advancement and care in the context of health.

Creating a special public health model for scattered rural areas, which enables care to be provided in homes and workplaces, with emphasis on prevention.

A system of ongoing monitoring and evaluation to ensure the quality and timeliness of care.

3.2.2.

Rural education:

with the goal of providing comprehensive care from early childhood, ensuring coverage, quality and relevance of education, and eradicating illiteracy in rural areas, as well as encouraging young people to play a productive part in the countryside, the national government will create and implement the Rural Education Special Scheme.

When developing the scheme the following approaches will be considered:

Universal coverage with comprehensive early childhood care.

Flexible preschool, elementary and middle school education models that adapt themselves to the needs of the communities and rural areas, with a differential approach.

Constructing, reconstructing, improving and adjusting the rural education infrastructure, including the availability and retention of qualified teachers and access to information technologies.

Ensuring free preschool, elementary and middle school education.

Improving the conditions for access and permanency in the education system, through free access to tools, texts, school meals and transport.

Offering recreational, culture and sport programmes as well as infrastructure.

Incorporating agricultural technical training in secondary education (tenth and eleventh grade).

Making available scholarships with forgivable loans to give the poorer rural population access to technical, technological and university training, which includes, when possible, support regarding maintenance.

Encouraging vocational training for women in non-traditional disciplines for them.

Implementing a special programme to eliminate rural illiteracy.

Strengthening and encouraging technological and scientific research, innovation and development for the agricultural sector, in areas such as agroecology, biotechnology, soil, etc.

Progressive increase in technical, technological and university quotas in rural areas.

Encouraging the increased offerings in technical, technological and university fields, as well as training in the above.

3.2.3.

Housing and drinking water:

with the goal of guaranteeing decent living conditions for inhabitants of the countryside, the national government will create and implement a national Scheme for constructing and improving social rural housing.

When developing the Scheme, the following approaches will be considered:

Implementing suitable housing solutions, in line with the features of rural areas, with a differential approach.

Promoting and implementing suitable technological solutions (aqueducts and individual solutions) to ensure access to drinking water and to manage wastewater.

Granting subsidies to construct and improve housing, that prioritise population in extreme poverty, victims, beneficiaries of the land distribution Scheme and female heads of household.

The amounts of non-repayable subsidies, that will cover up to the entire cost of housing solutions, will be fixed in line with needs construction costs of each region, so as to ensure decent living conditions.

Active participation from communities in determining housing solutions and executing projects.

Technical support and advancing the organisational capacities of communities to ensure maintenance, operation and sustainability of solutions for water access and wastewater management.

Promoting suitable practices for drinking water use.

3.3. Incentives for agricultural production and solidarity-based and cooperative economy.

Technical support.

Subsidies.

Credit.

Income generation.

Marketing.

Labour formalisation.

3.3.1.

Incentives for solidarity-based and cooperative economy:

encouraging different associative forms of work, of or between medium and small-scale producers, based on solidarity and cooperation, which improve the ability of small-scale producers to gain access to goods and services, to commercialise their products and in general improve their living, working, and production conditions.

With the above goals the National Government will create and implement a national Scheme fostering solidarity-based and cooperative rural economy.

When developing this Scheme the following approaches will be considered:

Backing, as well as technical and financial support, of rural communities in creating and strengthening solidarity-based and communal cooperatives, associations and organisations, especially those related to production and provision of food, in particular organic and agro-ecological production, as well as strengthening women’s associations.

Strengthening production abilities and conditions for access to rural development tools (including but not limited to production methods, technical support, education and training, credit and commercialisation).

Encouraging solidarity-based and cooperative economy so as to channel resources and services to the rural population.

Supporting communal organisations and associations to contribute to managing infrastructure and equipment projects (roads, housing, health, education, water and basic sanitation, irrigation and drainage).

3.3.2.

Technical support:

with the goal of strengthening the production capabilities of rural, familial, and communal economy, to develop its production projects and encourage process of technological innovation, the National Government will create and implement a national Integrated Scheme for technical and technological support as well as promoting research.

When developing this Scheme the following approaches will be considered:

Ensuring that the integrated technical and technological support service (advances in technical, productive, organisational, social, management, administrative, IT, financial, marketing, and training aspects) is available to the rural economy’s communal and familial production, in a decentralised manner.

Integrated technical and technological support is a free public service for beneficiaries of the Land Fund and for small-scale producers, and will feature progressive subsidisation for medium-scale producers.

Regulating and supervising the quality of the technical and technological support service, including a participatory and communal monitoring and evaluation system.

Linking technical and technological support to the results of agricultural research and innovation processes, including using communication and information technologies.

Promoting and protecting native seeds and seed banks so that communities can access optimal planting material, and so that, in a participatory manner, they contribute to improving it, incorporating their own knowledge, and strict socio-environmental and sanitary regulation of transgenic organisms, promoting the common good.

The above in line with the unwavering obligation of the state to safeguard the genetic heritage and biodiversity as national sovereign resources.

3.3.3.

Subsidies, generating income and credit:

in addition to subsidies that the National Government will grant to the rural familial and communal economy, through schemes and programmes of land distribution, technical support, housing, infrastructure, and in general all goods and services that constitute comprehensive access, the National Government will create and implement a Scheme to support and consolidate income generation for the rural familial and communal economy, and medium-scale producers with lower income.

When developing the scheme the following approaches will be considered:

Providing non-repayable seed capital resources that enable production projects of land distribution beneficiaries to begin successfully.

Promoting revolving agricultural funds for small-scale and middle-scale with less income producer associations.

Adopting a guarantees system that facilitates rural, familial and communal economy’s access to agricultural credit.

In light of that decided in point 1.6 regarding unseizability and inalienability, providing soft, flexible, timely and subsidised credit lines for familial and communal rural economy, as well as for complementary activities, and with progressive subsidies for medium-scale producers with lower income, directed towards supporting especially (sovereign) food safety, productive reconstruction and generation of added value.

The subsidised credit lines for buying land will be granted exclusively to small-scale producers.

Promoting crop insurance subsidised by the agricultural production of the rural economy, familial and communal, in all its forms.

Promoting a culture capable of dealing with all types of risks.

Along with subsidised credit manuals, small-scale producers will be widely informed and backed with priority in the use of mechanisms for standardising portfolios, which will allow them to resume production on their land of rural economy, familial and communal, to protect their livelihood.

3.3.4.

Marketing:

with the goal of ensuring suitable conditions for commercial products from the rural (familial and communal) economy's production, and improving its availability as a guarantee for (sovereign) food safety, the National Government will create and implement a national Scheme for promoting a commercialising the rural (familial and communal) economy’s products.

When developing the scheme the following criteria will be considered:

Promoting solidarity-based associations for commercialising that provide information and logistics, administer collection centres and promote farm products, giving special attention to prioritised areas, so as intermediaries and progressively minimised, the final consumer price is reduced, direct relationships between producers and consumers are encouraged, and conditions ensuring better profits for producers are created.

Financing or co-financing of collection centres for the rural economy’s (familial and communal) food production, that address characteristics and needs of the region.

In addition, the boosting of the collection centre’s administration by organised communities.

Encouraging the rural economy’s (familial and communal) production in urban market hubs.

Encouraging links between small-scale rural production with other production models, which can be vertical or horizontal and of different scales, in aid of integration between city and countryside, as well as to benefit communities and to add value to production.

The progressive creation and implementation of a mechanism for public purchases to meet the demand of institutional entities and programmes, which in a decentralised manner will encourage local production to support marketing and absorption of the rural economy’s (familial and communal) production.

Implementing for the producer a regional prices information system that relies on communication information and technologies.

3.3.5.

Rural labour formalisation and social protection:

the National Government will fully strengthen the protection and social security system of the rural population.

In light of the rules of the International Labour Organisation (OIT), which Columbia is a part of, and with the goal of ensuring decent work and countryside workers’ rights, as well as their social protection (protection from old age and occupational risks, the National Government will create and implement a progressive Scheme for social protection and ensuring rural workers’ rights.

The Scheme will dignify rural working conditions, through the full implementation, with labour inspection, of regulations on contractual relations, the corresponding regulation on working hours, remuneration and subordination considering jurisprudential developments which favour workers, the applicable international rules of the OIT, regarding work in general and in particular rural work, that effectively ensure the fundamental right to work.

When developing the Scheme, the following approaches will be considered:

Campaigns to eradicate child labour and immediate measures to eradicate the worst forms of child labour.

Ensuring social protection, through a periodical economic benefit for retirement-age rural workers as well as an occupational risk allowance, proportional to an individual’s savings coupled with a grant from the State.

Promoting and encouraging rural workers’ organisational processes through associative forms based on solidarity and cooperation, in such a way that access to State services focusing on the well-being of workers is facilitated.

Encouraging working relationships with people with disabilities.

Encouraging working relationships with women in non-traditional production fields.

Training for agricultural workers and businesses concerning labour obligations and rights and promoting a labour formalisation culture.

Strengthening of the fixed labour inspection system and creating a flexible inspection system in rural areas that will allow workers to demand their labour rights duly and properly handle labour disputes.

The social and environmentally sustainable schemes and programmes which will be developed in rural areas will be so with support from the area’s communities’ labour.

The working conditions of these programmes will follow international and national regulations, and shall be governed by the principles of dignity and equality.

The extension of programmes for effective protection from the economic risk of old-age for the rural elderly population in extreme poverty that is not covered by the social security system.

3.4. (

sovereign) Food safety system:

in aid of the obligation to progressively guarantee the human rights to healthy nutrition, culturally and nutritionally suitable, and with the goal of eradicating hunger and therefore boost availability, access to, and consumption of sufficient amounts of food and of sufficient nutritional quality, the National Government will put in place a special (sovereign) food and nutritional security system for the rural population.

Food-related and nutritional politics in rural areas based on the progressive increase of food production, on generating profits, and in general on creating well-being conditions through national schemes for access to land, infrastructure, irrigation, housing and drinking water, technical support and training, marketing, credit, promoting associative forms based on solidarity and cooperation, and other schemes established in this agreement.

It is necessary to ensure that all national schemes transversely meet the proposed objectives of food-related and nutritional politics through a system that implements them in the regions and that considers the following approaches:

Developing departmental and local schemes for culturally-appropriate food and nutrition, with active participation from communities, society, the National Government, and department and municipal governments, to implement measures in the area and establish the goals.

Establishing departmental and municipal councils for food and nutrition, represented by the government and widely represented by society and communities, with the goal of proposing and participating in defining the guidelines for implementation of food-related and nutritional politics through departmental and local schemes, as well as mobilising regional resources, and monitoring risks and progress towards goals.

Establishing a national food and nutrition council for national, departmental, and municipal authorities, and elected representatives within the framework of departmental and municipal councils that will propose and participate in defining the guidelines of food-related politics, coordinate departmental and local schemes, inform of and monitor risks, and monitor national progress towards goals.

Developing programmes against hunger and malnutrition with national coverage, especially for rural population in conditions of poverty, pregnant and lactating women, children, and for the elderly.

These programmes will include ‘shock’ plans for the rural population which is most vulnerable and in extreme poverty.

Adopting support schemes to strengthen and develop production and the internal market, which include technical and scientific support, and are focused on promoting the qualification of the rural economy (familial and communal), environmentally and socially sustainable, and that contribute to its self-sufficiency and self-consumption.

Promoting local and regional markets that bring to producer and consumer, as well as improving, access and availability to food in the country’s rural areas.

Implementing campaigns focused on promoting production and consumption of highly nutritional food, and suitable management of food and adoption of good eating habits, that consider the characteristics of the area and encourage production and consumption of national foods.

Additionally, providing conditions and incentives towards production and marketing (that involve the internationalisation of the economy as well as trade liberalisation), including, when necessary, direct support for productive strengthening, with the goal of avoiding or minimising negative impact on the rural economy (familial and communal).

Government Proposal:

* “The Government promises to ensure financing of all commitments derived from the present Agreement.” (

This phrase would go in point 6 as one of the guarantees).

FARC-EP Proposal:

* “Government commitments related to financing politics, schemes, programmes, projects and other measures and procedures aimed at realising the peace agreement between the Government and the FARC-EP, will be discussed in the final point of the Agenda.”