The Land Restitution Law against opponents in good faith
Colombia has made great progress in reparation for the victims of the internal armed conflict; from Law 387 of 1997 to Law 1448 of 2011, there has been a legal paradigm cultural change in which redress through restitution measures have been gaining much importance as economic reparations. The aim o...
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| Format: | Article |
| Language: | Spanish |
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Universidad Nacional, Costa Rica
2016-04-01
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| Series: | Revista Latinoamericana de Derechos Humanos |
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| Online Access: | http://www.revistas.una.ac.cr/index.php/derechoshumanos/article/view/8026/9054 |
| _version_ | 1818302625260503040 |
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| author | John Arturo Cárdenas Mesa |
| author_facet | John Arturo Cárdenas Mesa |
| author_sort | John Arturo Cárdenas Mesa |
| collection | DOAJ |
| description | Colombia has made great progress in reparation for the victims of the internal armed conflict; from Law 387 of 1997 to Law 1448 of 2011, there has been a legal paradigm cultural change in which redress through restitution measures have been gaining much importance as economic reparations.
The aim of this paper is to show that the Law on Land Restitution, as it is conceived, can result in a new form of dispossession because it ignores opponents in good faith, many of whom are also farmers victims of political violence. This is due to poor regulation in areas such as the evidentiary, to the slowness with which the process advances and to the fact that it was not taken into account that the dynamics of the dispossession and neglect caused by paramilitary groups are different to the originated in guerrilla violence. |
| first_indexed | 2024-12-13T05:41:53Z |
| format | Article |
| id | doaj.art-55fd1cd7f02f4e9eaedfeb751dbca173 |
| institution | Directory Open Access Journal |
| issn | 1659-4304 2215-4221 |
| language | Spanish |
| last_indexed | 2024-12-13T05:41:53Z |
| publishDate | 2016-04-01 |
| publisher | Universidad Nacional, Costa Rica |
| record_format | Article |
| series | Revista Latinoamericana de Derechos Humanos |
| spelling | doaj.art-55fd1cd7f02f4e9eaedfeb751dbca1732022-12-21T23:57:45ZspaUniversidad Nacional, Costa RicaRevista Latinoamericana de Derechos Humanos1659-43042215-42212016-04-01262139167http://dx.doi.org/10.15359/rldh.26-2.7The Land Restitution Law against opponents in good faithJohn Arturo Cárdenas Mesa0Universidad de Antioquia y Universidad Externado de ColombiaColombia has made great progress in reparation for the victims of the internal armed conflict; from Law 387 of 1997 to Law 1448 of 2011, there has been a legal paradigm cultural change in which redress through restitution measures have been gaining much importance as economic reparations. The aim of this paper is to show that the Law on Land Restitution, as it is conceived, can result in a new form of dispossession because it ignores opponents in good faith, many of whom are also farmers victims of political violence. This is due to poor regulation in areas such as the evidentiary, to the slowness with which the process advances and to the fact that it was not taken into account that the dynamics of the dispossession and neglect caused by paramilitary groups are different to the originated in guerrilla violence.http://www.revistas.una.ac.cr/index.php/derechoshumanos/article/view/8026/9054Land restitutionholders in good faithlegal difficultiespractical difficulties |
| spellingShingle | John Arturo Cárdenas Mesa The Land Restitution Law against opponents in good faith Revista Latinoamericana de Derechos Humanos Land restitution holders in good faith legal difficulties practical difficulties |
| title | The Land Restitution Law against opponents in good faith |
| title_full | The Land Restitution Law against opponents in good faith |
| title_fullStr | The Land Restitution Law against opponents in good faith |
| title_full_unstemmed | The Land Restitution Law against opponents in good faith |
| title_short | The Land Restitution Law against opponents in good faith |
| title_sort | land restitution law against opponents in good faith |
| topic | Land restitution holders in good faith legal difficulties practical difficulties |
| url | http://www.revistas.una.ac.cr/index.php/derechoshumanos/article/view/8026/9054 |
| work_keys_str_mv | AT johnarturocardenasmesa thelandrestitutionlawagainstopponentsingoodfaith AT johnarturocardenasmesa landrestitutionlawagainstopponentsingoodfaith |