Abstract

CAMILO-SANCHEZ, NELSON  and  NARANJO-VELASCO, KAROLINA. Institutional Design and Transitional Justice: An Analysis of Colombia's Land Restitution Policy^-. Rev. Derecho Estado [online]. 2023, n.57, pp.225-258.  Epub Dec 11, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n57.09.

This paper examines over 12 years of the implementation of Colombia's land restitution policy to provide insight into the ongoing debate over effective institutions for managing property disputes in contexts of violence and inequitable access to land. The authors compiled statistical information on processed claims, conducted interviews and focus group discussions, and analyzed over 860 decisions retrieved from the government agency website to provide a comprehensive analysis of the reasons why the Colombian Land Restitution Bureau has rejected over 65% of all the claims it has received. The study makes significant contributions to the literature on transitional justice (TJ) and land governance in three key aspects: by providing empirical evidence, connecting the literature on transitional bureaucracies with empirical findings, and contributing to a better understanding of the design and functioning of TJ structures related to land. The authors argue that while innovative normative frameworks and high-level political initiatives are necessary for the successful implementation of TJ mechanisms, additional factors needed to be considered to explain the success or failure of such mechanisms. The paper draws upon academic literature, analyzes the main features of the Colombian restitution model, and concludes by providing insights into the limitations of institutional reform in transitional contexts.

Keywords : Land restitution; transitional justice; property disputes; institutional reform; Colombia.

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