Las limitaciones de la representación identitaria del campesinado en el marco normativo y jurisprudencial del proceso de Restitución de Tierras Thesis

short description

  • Master's thesis

Thesis author

  • Montes Niño, Daniela

abstract

  • The violence of the armed conflict has had an impact on the peasantry in which inequality of access to land has deepened. This has affected the relationships and affections that peasants build around the land, thus impacting the reproduction and preservation of their identity. Considering the foregoing, this study aims to analyze how the relationship between identity and peasant territories has been understood within the legal and jurisprudential framework of the Land Restitution process. Through this analysis, it will be concluded that the understanding of the relationship between peasant identity and territory is limited and overlooks the complexity of the lifestyles that constitute the peasantry, as evidenced in the anthropological and geographical approach to this relationship. To achieve this, firstly, an explanation will be provided regarding what peasant identity is and its relationship with the territory. Secondly, the limitations of Law 1448 of 2011 in understanding the mentioned relationship will be outlined, and finally, an analysis of the judgments issued by the Civil Chamber of Land Restitution of the Cartagena Tribunal will be conducted, highlighting the absence in understanding peasant identity and its territory. The development of the text will reveal that the normative framework and jurisprudential implementation of the land restitution process have had a limited vision of peasant identity and its relationship with the territory, hindering its potential to remedy the impacts of the armed conflict on the peasant population

publication date

  • January 29, 2024 10:58 PM

keywords

  • Armed conflict
  • Displacement
  • Land restitution
  • Peasant identity
  • territory

Document Id

  • 264eaab3-2a03-4f14-8416-70f6d224b95d