The FARC-EP was originally rooted in the resistance of peasant communities. When the organization was born in 1964, the first 48 founders – all peasants - wrote the ‘Agrarian Program of the Guerrilla Fighters’, a straightforward political manifest for agrarian reform.
During the peace talks in Havana, the FARC-EP has changed and modernized this Program to the current rural context of Colombia, marked by extractivism, inequality, big landownership and Free Trade Agreements. The proposals were published under the name “100 minimum proposals on Rural and Agrarian Development for Democratization and Peace with Social Justice in Colombia”.
It is no secret that these minimum proposals made by the FARC-EP throughout the Havana peace process are not our ultimate goal as a political movement.
They are a general summary of the thousands of demands, suggestions and proposals made by different social and political organizations in Colombia. So to speak, they are the most pressing needs of a country with a neo-feudal countryside, neo-liberal economic policies and neo-colonial foreign relations.
Some of the proposals are: Stimulation of an agricultural use of lands, of food production and food sovereignty. Political recognition of the peasants, of their rights and their territories (the Peasant Reserve Areas), for which the FARC-EP proposes to set aside 10 million hectares for these Peasant Reserve Areas. Also, the insurgency proposed to use 20 million hectares for the Land Fund, to be distributed among landless or land-poor peasants.
Some proposals have been integrated into the partial agreement. Others were rejected by the Government. And there is a third group of proposals which haven’t been resolved yet; they are the so-called pending points and are still to be discussed (see: What remains to be resolved?).
The agreement made in Havana on land reform, called “Comprehensive Rural Reform” is only the first step towards a democratic agrarian policy that must transform the entire rural structure of the country, re-distributing the unproductive ‘latifundios’ of the big landowners and definitely empowering the rural communities: peasants, indigenous and black people.
The Comprehensive Rural Reform (CRR) seeks the generation of prosperity, welfare and good living conditions for the rural communities of the country, through the implementation of reforms that allow the democratization of land use.
The CRR will function under the logic of implementing three parallel layers of measures:
- Immediate action; urgent measures for democratize land use and access in those regions that have suffered the conflict, formalizing the land titles of the peasant communities and implementing measures of land access to small and medium owners;
- Short-term programs; generate conditions for the participatory construction of Development Programs with a Territorial Approach – DPTA, with active participation of the rural communities;
- Mid-term plans with a national scope; search for the materialization in reality of the DPTA through 12 national plans, building the infrastructure of a new rural reality.
The delegates of the Government of the Republic of Colombia (the National Government) and the Revolutionary Armed Forces of Colombia (FARC-EP), regarding:
I. Policy of comprehensive rural reform
That in the framework of this Agreement for Ending the Conflict, the policy of comprehensive rural reform lays the foundation for a structural transformation of the countryside, creates welfare conditions for the rural population and thus contributes to the construction of a stable and lasting peace.
That in the opinion of the Government, this transformation should contribute to reverse the effects of the conflict and change the conditions that have facilitated the persistence of violence in the territories. And in the opinion of the FARC-EP, such transformation should contribute to resolve the historic causes of the conflict, such as the unresolved issue of land ownership and particularly its concentration, the exclusion of the peasantry and the backwardness of rural communities.
That the policy of comprehensive rural reform conceives the rural territory as a socio-historical scenario with social and cultural diversity, in which communities play a leading role in defining the improvement of their living conditions and the definition of the country’s development, within a vision of urban-rural integration.
That comprehensive rural development is crucial to boost the integration of regions and the equitable social and economic development of the country. The policy of comprehensive rural reform must achieve a mayor transformation of the Colombian rural reality, integrating the regions, eradicating poverty, promoting equality, ensuring the full enjoyment of the rights of citizens and, as a result, ensuring non repetition of the conflict and the eradication of violence.
That a true structural transformation of the countryside requires measures to promote the proper use of the land according to its vocation and encourage its formalization, restitution and equitable distribution, ensuring progressive access to rural property of the inhabitants of the countryside and in particular women and the most vulnerable population, regulating and democratizing ownership and promoting de-concentration of the lands, in fulfillment of its social function.
That while this access to land is a necessary condition for the transformation of the countryside, it is not sufficient and therefore, national plans, promoted and funded by the State, should be established and destined to comprehensive rural development for the provision of public goods and services such as education, health, recreation, infrastructure, technical assistance, food and nutrition, among others, to provide welfare and good living conditions for the rural population.
That in its view, the policy of comprehensive rural reform recognizes the critical role of the peasant, family and communitarian economy in the development of the countryside, hunger eradication, employment and income generation, dignification and formalization of work, food production and generally speaking, in the development of the nation, in coexistence with and complementary to other forms of agricultural production. The policy of comprehensive rural reform will make greater efforts to ensure conditions of welfare and good living conditions to the most vulnerable population and strengthen their forms of organization and production.
That the policy of comprehensive rural reform in matters of food and nutrition, aims to ensure for all rural and urban citizens in Colombia availability and sufficient access regarding opportunity, quantity, quality and price to the food needed for good nutrition, especially of children, pregnant and lactating women and the elderly, primarily promoting food production and income generation.
That the effectiveness, transparency and good development of the policy of comprehensive rural reform rely heavily on promoting broad participation of communities, by generating participatory and democratic institutional spaces where they can have a transformational capacity and influence on the planning, implementation, and monitoring of the different agreed plans and programs. Participation is likewise the guarantee of a major inclusion of rural communities in the political, economic, social and cultural life of their regions and thus of the nation.
That the structural transformation of the countryside and in particular the closure of the agricultural frontier will be supported by peasant and indigenous, black, afro-descendent, raizales and palenqueras communities and other ethnic communities in their territories, with sustainable socio-environmental regulations. Therefore, it is necessary to recognize and support the Peasant Reserve Zones and other forms of associativity founded upon solidarity.
That the policy of comprehensive rural reform is of universal application and its implementation prioritizes those areas most affected by conflict, misery and neglect, through development programs with a territorial approach, as instruments of reconciliation, in which all actors work for the construction of the supreme good of peace, law and mandatory duty.
That the agreed plans and programs, as part of a comprehensive rural reform policy, must have a territorial approach involving recognition and taking into account the needs, characteristics and economic, cultural and social specific conditions of the territories and rural communities and ensure socio-environmental sustainability.
That the comprehensive rural development will be implemented in a context of globalization and State policies aimed at integration in it, which demand special attention from the national agricultural production and especially from the peasant, family and communitarian production.
For the development of the discussion of the first item on the Agenda of the General Agreement we agreed the following principles:
- Structural Transformation: i.e. the transformation of the rural reality with equity and democracy.
- Welfare and good living conditions: the ultimate goal is the eradication of poverty and full satisfaction of the needs of citizens in rural areas in order to achieve, within the shortest possible time, that farmers and communities, including indigenous and afro-descendent ones, fully exercise their rights and convergence is reached between the quality of urban life and the quality of rural life, respecting the territorial approach and the ethnic and cultural diversity of the communities.
- Prioritization: the policy of comprehensive agricultural development is universal and its implementation prioritizes the most needy and vulnerable population and territories, and those communities most affected by poverty, neglect and conflict, and focuses on the small and medium producers. Of particular concern are the rights of children, women and the elderly.
- Integrality: ensures productivity through programs that accompany effective access to lands, with innovation, science and technology, technical assistance, credit, irrigation and marketing and other means of production adding value. It also ensures good living opportunities arising from access to public goods such as health, housing, education, infrastructure and connectivity (food security and sovereignty).
- Restoration: the restoration of the rights of the victims of displacement and dispossession, and the reversal of the effects of conflict and neglect over communities and territories.
- Regularization of property: that is, fight against illegality in the possession and ownership of land and guarantee the rights of the legitimate holders and owners, in such a way that there won’t be any need to resort to violence in order to resolve land-related conflicts.
- Participation: the planning, implementation and monitoring of the plans and programs will be carried out with the active participation of the communities, which is also a guarantee of transparency linked to accountability to the citizen oversight and special control of the competent bodies.
- Benefit, impact and measurement: taking into account the prioritization, it should benefit and impact the greatest number of citizens, with the highest intensity in the shortest time possible, and to measure its effects on each project and region.
- Sustainable Development: that is, protection and promotion of access to water, in an environmentally and socially sustainable manner, within an orderly conception of territory.
- Presence of the State: to build a stable and lasting peace, the presence of the State in the rural territory will be widespread and effective, and will be expressed in the observance of the rights of all citizens in democracy.
- Democratization of access and appropriate use of land: mechanisms and guarantees allowing the largest possible number of landless or land-poor inhabitants of the countryside can have access to it and to encourage the appropriate use of the land with criteria of environmental sustainability, soil suitability, regulations for land use and community participation.
* The introduction to the principles is a transitional paragraph.
* The FARC-EP stresses the need to establish a principle of food sovereignty in the definition of comprehensive agricultural development policies with a territorial approach. The National Government insists that the point as agreed in the General Agreement (sub paragraph 6 of section 1) is called food security system.
1. Access and Use. Unproductive land. Formalization of property. Agricultural frontier and protection of reserve areas.
1.1. Land Fund (name pending)
In order to achieve the democratization of access to land for the benefit of the landless or land-poor peasants and the rural communities most affected by poverty, neglect and conflict, regularizing property rights and thus decentralizing and promoting equitable distribution of land, the National Government will create a Land Fund for free distribution. The Land Fund will consist of (xxx) million hectares, over a period of (xxx) years, coming from the following sources:
- Land from judicial expiration of ownership in favor of the Nation: The National Government will advance the necessary reforms to expedite the judicial process of expiration, in order to reverse the illegal concentration of lands.
- Lands that were recovered in favor of the Nation: ie, wastelands that were unduly purchased or occupied, recovered through agricultural processes, without prejudice to the farmers who may be beneficiaries of the formalization. (This source will be strengthened with the creation and update of the cadaster that will be carried out within the framework of this Agreement.
- Lands coming from the update, delimitation and strengthening of the Forest Reserve, bound for the beneficiaries of the Land Fund. The acquisition of lands through this mechanism will be conditioned by the design, with the participation of communities, of plans to ensure social and environmental sustainability.
- Unexploited lands, lands recovered by applying the current procedure of administrative expiration of ownership, for non-compliance of the social and ecological function of property.
- Lands purchased or expropriated for reasons of social interest or public utility, acquired to promote access to rural property, with a corresponding compensation.
- Donated lands: The National Government will take the necessary steps to facilitate the procedures for donation of land to the Land Fund, as part of the termination of the conflict and peacebuilding.
1.2. Other mechanisms to promote access to land: Complementing the above mechanisms, the National Government is committed to:
1.2.1. Comprehensive subsidy for purchase: a comprehensive subsidy for the purchase of land by the beneficiaries will be provided (see 1.3.), in the areas of priority and as an alternative tool to help resolve concrete problems of access.
1.2.2.Special credit for purchase: a new special long-term subsidized credit line will be opened for the purchase of land by beneficiaries (See 1.3).
1.3. Beneficiaries: The beneficiaries of the programs of free allocation, comprehensive subsidy and special credit will be landless or land-poor workers with an agricultural vocation, giving priority to women heads of households and internally displaced persons. Associations of landless or land-poor workers with agricultural vocation can also be beneficiaries, as well as people and communities participating in settlement and resettlement programs, in order to, among others, protect the environment, replace illicit crops and strengthen food production.
The beneficiaries of the programs for free allocation and comprehensive subsidy will be selected with the participation of local communities, to guarantee transparency and efficiency. Government and communities will control and prevent land speculation in the framework of these programs.
1.4. Comprehensive access: In development of the principles of well-being and good living conditions, of integrality and of access to land, the Government will offer, to the men and women beneficiaries of the Land Fund, programs of support for housing, technical assistance, training, land improvement and land recovery where necessary, productive projects, marketing and access to means of production to add value, among others, and it will increase the provision of public goods within the framework of the Comprehensive Agrarian Development Programs.
1.5 Massive formalization of small and medium rural property:
In order to regulate and protect the rights of small and medium rural property, i.e., ensure the rights of legitimate owners and possessors of land, so that no one needs to resort to violence again to resolve conflicts related to it and as security against dispossession of any kind, the Government will formalize progressively, respecting the constitutional and legal order, all lands occupied or owned by peasants in Colombia. In order to further develop this objective, the government:
1.5.1 Will design a program of massive formalization and advance the relevant regulatory and operational reforms, ensuring the participation of communities and their organizations.
1.5.2 Will ensure the gratuitousness of the formalization of small rural property, accompanying both the process of allocation of wastelands, as well as the land ownership regulation of property.
1.5.3 Within the framework of the agrarian jurisdiction that will be created, the government will ensure the existence of an efficient and expeditious resource for the protection of property rights.
1.5.4 If the formalized property is less than a Family Agricultural Unit (FAU)*, the small formalized owner may also be beneficiary of access programs of the Land Fund and alternative mechanisms like credit and subsidy for purchase, to overcome the proliferation of unproductive smallholdings.
* A Family Agricultural Unit (UAF) is according to the provisions of art. 38 of Law 160 of 1994
1.6 Inalienable and non-transferable lands: In order to ensure the wellbeing and good living conditions of beneficiary families and avoid the concentration of land distributed through free allocation or comprehensive subsidy for purchase and formalized wastelands, these will be inalienable and non-transferable for a period of seven years. Part of the Land Fund will be the distributed lands and those acquired through comprehensive subsidy for purchase, which have received comprehensive support and yet slip back in a situation of non-exploitation by the beneficiary during this period, except if there is force majeure or fortuitous event, or if they are being used illegally. At any time, the social function of the rural property and in particular family agriculture, will be promoted and protected.
1.7 Restitution*: The National Government and the FARC-EP agree on the purpose that the effects of the conflict should be reversed, that the land of victims of dispossession and forced displacement and communities should be restituted and that the rights of the communities over their lands should be restored, and that a voluntary return of the displaced persons should take place.
* The conclusions of point 5 of the General Agreement will be reviewed to see whether or not the content of item 1.7 will be modified.
1.8 Some mechanisms for the resolution of conflicts regarding ownership and use and the protection of food production: In order to contribute to the regularization and protection of property rights, promote appropriate land use, improve planning and regulations, prevent and mitigate conflicts regarding use and ownership, and in particular resolve conflicts that threaten or restrict food production, the Government:
- Will establish flexible and effective mechanisms for conciliation and solution of conflicts regarding use and land ownership, that aim to ensure effective protection of property rights in the countryside; resolve conflicts over land rights and land use; and generally promote the regularization of rural property, including traditional mechanisms and participatory involvement of communities in conflict resolution. In addition, with the same purpose, a new agrarian jurisdiction will be launched, with an adequate coverage and capacity in the territories, with emphasis on the priority areas, and mechanisms to ensure access to justice that is flexible and appropriate for the rural population living in poverty.
- Will create a high-level body, which will be responsible for formulating the general guidelines for land use, based on the nature of their vocation, common good and territorial visions of rural development built under instances of participation. While devising the guidelines, the following will be taken into account: 1) the socio-environmental sustainability and conservation of water resources and biodiversity; 2) compatibility between vocation and the use of rural soils; 3) the priority of food production for the country's development, allowing to coexist with other economic activities and promoting its progress towards self-sufficiency; 4) social, cultural and economic characteristics of the territories.
- Will promote the effective use of the opportunities for participation and decision-making in the (regulations for) land use planning.
- Will establish mechanisms for consultation and social dialogue between the national, regional and local government, peasants and indigenous, Afro-descendant, Raizales and Palenqueras communities, and other communities, where different ethnicities and cultures and companies from the private sector, which carry out their economic activity in rural territories, coexist, in order to generate formal spaces for dialogue between stakeholders with different interests, allowing to promote an agenda of common development, guided by social and environmental sustainability, the well-being of the rural people and economic growth with equity.
1.9. Creation and updating of the cadaster land rural property tax: In order to encourage proper, productive and sustainable land use, create an information system that serves to promote comprehensive agrarian development, increase the effective collection of taxes in municipalities and social investment, encourage the de-concentration of unproductive rural ownership, and, in general, regularize the ownership of land with transparency, the National Government will implement:
1.9.1. A General Cadastral Information System, comprehensive and multipurpose, that within a maximum period of (xx) years will concrete the creation and update of the rural Cadaster, including the registration of rural properties, implemented under municipal autonomy. In development of the principle of Prioritization and Well-being and Good Living Conditions, this cadaster will have to produce its first results in the priority areas within the framework of the agreed between the National Government and the FARC-EP.
1.9.2. Technical, administrative and financial support to municipalities for the creation, wherever necessary, update and conservation of the rural cadaster.
1.9.3. The guarantee of broad and effective citizen participation to ensure transparency of information. In any case, the issues related to the cadaster that concern rural communities will include participation of its members. Under no circumstances the agreed herein shall affect the rights acquired by indigenous and Afro-descendant communities and other rural communities.
1.9.4. A system for municipalities to liquidate, charge and effectively raise property taxes in development of cadastral updating and within the framework of their autonomy.
1.9.5. The provision of regulations for municipalities to set property tax rates according to the principle of progressivity: the more you have the more you pay, based on equity and social justice.
1.9.6. Incentives to municipalities, including, where necessary, transfers to municipal finances, for these to adopt exemptions from property tax for the beneficiaries of the programs and access for small producers.
The purposes of the comprehensive creation and updating of the cadaster, and the registration of rural properties, besides obtaining sustainable improvement of processes and cadastral information, will aim to provide legal and social security, especially small and medium rural property, for the benefit of food production and environmental balance.
* The FARC considers that international support is required for the development of this point. This discussion will take place under point 6 of the General Agreement.
* The discussion on the following paragraph, proposed by the FARC-EP, is pending: In developing the transformation of property relations over land, the government will develop policies to overcome ‘microfundios’ and the concentration of land, based on encouraging associative, communal and cooperative forms of land use and tenure. The definition of ‘minifundio’ will adopt what has been conceptualized by IGAC.
* Pending: Within the discussion on point 5 of the General Agreement, the establishment of a special chapter on displacement and dispossession, as an independent mechanism of truth clarification, will be discussed.
1.10. Closure of the agricultural frontier and protection of reserve areas: In order to delimit the agricultural frontier, to protect areas of special environmental interest and generate, for residents who border or occupy them, balanced alternatives between environment and welfare and good living conditions, under the principles of participation of rural communities and sustainable development, the National Government:
1.10.1. Will develop, within a period not exceeding two years, an environmental zoning plan, delimiting the agricultural frontier and allowing to update and, if necessary, extend the inventory, and categorize the use of areas that should receive a special environmental treatment, such as forest reserves, areas of high biodiversity, fragile and strategic ecosystems, basins, highlands and wetlands and other sources and water resources, aimed to protecting biodiversity and the progressive right to water for the population, promoting its rational use.
1.10.2. To develop the Plan, the Government will consider entrepreneurships for coexistence and development, and the participation of rural communities as a guarantee of compliance with the purposes of this point, without prejudice to the integrated community and socio-environmental interests and the common good.
1.10.3. It will support rural communities currently adjacent to, or within, areas of special interest, which are alluded to in point 1.9.1, in structuring its development plans, including resettlement programs or community recovery forest and environment, consistent and contribute to the objectives of the agricultural frontier closure and environmental conservation, such as environmental services, with special recognition and appreciation to the cultural and spiritual intangibles and protecting the public interest; sustainable food production systems and pasture; reforestation; Peasant Reserve Areas; and in general, other forms of organization of the rural population and sustainable rural economy.
1.10.4. In order to promote proper land use, in addition to the new cadastral structure and the progressivity of the property tax (1.8.), the government will adopt the measures and create the necessary incentives to prevent and promote solutions to conflicts between the vocation of the land and its actual use, taking into special consideration the environmental zoning plan that addresses this point and taking into account the principle of well-being and good living conditions. The abstraction of the Forest Reserve Zones to which this Agreement refers, prioritize access to land for landless or with insufficient land, through different forms of organization or association, including Peasant Reserve Areas, contributing to the closure of the agricultural frontier, strengthening the rural economy and family farming.
1.10.5. The PRA are agricultural initiatives that contribute to building peace, to guarantee the political, economic, social and cultural rights of farmers, the development with socio-environmental and food sustainability and reconciliation among Colombians. Consequently, the Government, in consultation with communities, and considering the issues raised in principles 2 and 7 of this Agreement, promote access to land and planning their use in the PRA, implementing support development plans of the established areas and that are formed in response to the initiatives of communities and agricultural organizations they deem representative, so as to comply with the purpose of promoting the rural economy, help close the agricultural frontier contribute to food production and the protection of forest reserves. The active participation of the communities living in the PRA in implementing their development plans will be promoted.
1.10.6. As a part of the constitution process of the PRA, the Government will define, as a result of concertation mechanisms, and attempting to the needs of peasants that have advanced or those who want to advance in the constitution process. Processes of property formalization will accompany the constitution of the zones.
2. Development Programs with a Territorial Approach (PDET)
2.1. Objective: The aim of the PDET is to achieve structural transformation of the countryside and rural areas, and an equitable relationship between the countryside and the city, so as to ensure:
• Welfare and good living of the population in rural areas, making effective their political, economic, social and cultural rights, and reversing the effects of misery and conflict.
• Protection of pluri-ethnic and multicultural wealth to contribute to knowledge, life organization, economy, production and to the relationship with nature.
• Enhancement of peasant and family economy (cooperative, mutual, communitarian, micro-businesses and associative solidarity) as well as to specific production means of indigenous, afro-descendants, Palenqueras and Raizales communities, through comprehensive access to land, goods, and productive social services. The PDET will intervene with equal emphasis on interethnic and intercultural scenarios to effectively advance towards development and social harmony.
• Development and integration of abandoned and conflict-affected regions, implementing progressive public investments, arranged with the communities, in order to achieve convergence between rural and urban quality of life, and strengthen city-countryside linkages.
• Recognition and promotion of community organizations, for them to become frontline actors of rural transformation.
• Make of Colombia’s countryside a stage for reconciliation in which all can work around a common purpose, which is building the supreme good of peace: A common right and a mandatory duty.
2.2. Prioritization criteria: The process of structural transformation of the countryside must shelter all rural areas of the country. The most needy and urged areas will be prioritized with PDET to faster implementation of national plans and resources to be created in the framework of this agreement. Criteria for prioritizing areas are:
• Levels of poverty, especially extreme poverty and unsatisfied needs;
• Level of damage resulting from the conflict;
• Administrative institutional weakness and management capacity;
• Presence of illicit use of crops and other illegal economies.
2.3. Action plans for regional transformation: To meet the objectives of PDET in each prioritized area is necessary to elaborate, in a participative way, an action plan for regional transformation that includes all levels of territorial planning, concentrated with local authorities and communities. Plans should consider:
• The territorial approach in rural communities that takes into account the socio-historical, cultural, environmental and productive territories and their inhabitants characteristics, and the vocation of the soil, to deploy resources for public investment sufficient and consistent with the tangible and intangible values of their nation.
• An objective diagnosis, developed with the participation of communities, which are considered the needs in the territory and actions that coordinate the different elements, and have clear and precise goals that facilitate the structural transformation of the conditions of life and production.
The National Development Plan will incorporate the priorities and goals of the PDET.
2.4. Participation mechanisms:
The active participation of communities in conjunction with the authorities of the territorial entities is the basis of PDET. For this, decision-making instances will be established in the different territorial levels, and will include significant presence of communities and the support of control organs to:
•Define priorities in the implementation of national plans in the territories (roads, irrigation systems, infrastructure, services, etc.), according to the necessities of the population.
•Ensure community participation in the execution and maintenance of the projects
•Establish mechanisms to monitoring and oversight the projects
2.5. Means: The PDET will be the mechanism of implementation in the prioritized areas of the different national plans resulting from the agreement.
The national Government will allocate the necessary resources to ensure the design and execution of action plans for structural transformation, with the involvement of local authorities.
2.6. Monitoring and evaluation: Programs and action plans for regional transformation of each priority area will have local, regional and national monitoring and evaluation mechanisms as part of the general mechanisms of verification and monitoring referred in point 6, to ensure the implementation and enforcement of what has been agreed.
• Pending to review institutional framework for the implementation of plans in non-prioritized areas.
3. National Plans for Comprehensive Rural Reform
The central objective of national plans for Integrated Rural Reform is on the one hand overcoming poverty and inequality, to achieve the welfare of the rural population; and on the other, integrate and help close the gap between countryside and city.
Overcoming poverty is not achieved by the simply improvement of family incomes, but ensuring that they have adequate access to public goods and services. That is the basis of a dignified life. Therefore, overcoming rural poverty depends primarily on the joint action of national plans for the Comprehensive Rural Reform, which, during a transitional phase of 10 years, will achieve the eradication of extreme poverty and the reduction of rural poverty in all its dimensions by 50% as well as reduce inequality and create a tendency towards convergence in higher living standards both in the cities and on the countryside.
3.1. Infrastructure and land adequacy:
3.1.1. Road Infrastructure: In order to achieve regional integration and access to social services and markets, have a positive impact on food prices as security (food security*) and to improve the income of rural population, the national government will create and implement a National Plan of Tertiary Roads. In its development, the Plan will consider the following criteria:
- The active participation of communities in targeting, implementation and monitoring of the works.
- Technical assistance and promotion of the organizational capacities of the communities to ensure the maintenance and sustainability of the works.
- Encouragement of the local economy by giving priority to local workers and materials.
- The promotion and implementation of technological solutions.
- The importance of ensuring sustainability of socio-environmental conditions.
* Pending discussion 1.6. on Food Safety-Sovereignty
3.1.2. Irrigation infrastructure: In order to boost family agricultural production and rural economies, guaranteeing the democratic and environmentally sustainable access to water resources, the national government will create and implement the National Plan of Irrigation and Drainage for the economy peasant and family.
For its development, the following criteria will be considered:
- The promotion and application of appropriate irrigation and drainage technology for peasant family economy according to the particularities of the areas, the productive projects and the communities.
- The recovery of irrigation infrastructure of peasant and family economy
- The support to user´s associations in the design and development of irrigation and drainage projects.
- Technical assistance and promotion of the organizational capacities of the communities to ensure the maintenance, administration, economic and environmental sustainability of irrigation and drainage projects.
- Promotion of appropriate practices of water use in irrigation.
- Preparation to mitigate risks caused by climate change.
3.1.3. Electric and connectivity infrastructure: In order to ensure dignifying living conditions and to improve connectivity, the National Government will design and implement a National Plan of Rural Electrification and a National Plan of Rural Connectivity, with the following criteria:
- The expansion of electricity coverage.
- The promotion and application of appropriate technological solutions for power generation according to the particularities of rural environment and communities.
- Technical assistance and promotion of the organizational capacity of the communities to ensure the maintenance and sustainability of the works.
- Training in the proper use of energy to ensure sustainability.
- The installation of the necessary infrastructure to ensure access to high-speed Internet in municipalities
- The range of solutions for community access to the Internet in population centers
3.2. Social development: health, education, housing, and poverty eradication.
3.2.1. Health: With the aim of bringing health services closer to the communities, strengthen infrastructure and quality of the public network in rural areas, and improve prompt and relevant services, will be created and implemented the Plan National Rural Health. In its development, the following criteria will be considered:
- The construction and improvement of infrastructure on the basis of a broad and participatory diagnosis that allows care for the greatest number of users in each region, provision of the equipment, including the adoption of new technologies (such as Telemedicine) to improve care, and availability and permanency of qualified personnel.
- The adoption of a differentiated and gender approach, including special measures for pregnant women and children in promotion, prevention, and attention in health care.
- The creation of a special public health model for remote rural areas, with emphasis on prevention, which allows providing care in homes or workplaces.
- An ongoing monitoring and evaluation system to ensure quality and prompt care.
3.2.2. Rural education: In order to provide comprehensive care to early childhood, guarantee coverage, quality and relevance of education and eradicate illiteracy in rural areas, promote productive permanence of young people in the countryside and bring regional academic institutions to the construction of rural development, the National Government will create and implement the Special Plan for Rural Education. For the development of this plan, the following criteria will be considered:
- Universal coverage with comprehensive early childhood care.
- Flexible models of preschool, primary and secondary education, adapted to the needs of communities and rural areas, with a differential approach.
- The construction, reconstruction, improvement and upgrading of the rural educational infrastructure, including permanency of qualified teachers, availability and access to information technologies
- Guaranties of free education for preschool, elementary and secondary education.
- Improving the conditions for access and permanence in the educational system through free access to school supplies, texts, school meals and transportation.
- The provision of recreation, culture and sporting, including infrastructure.
- The addition of agricultural technical training in secondary education (tenth and eleven grades).
- The availability of scholarships with loans not needed to be repaid for rural poorest population to have access to technical, technological and university training and including, when appropriate, maintenance supports.
- The promotion of professional training for women in those that for them are non-traditional disciplines.
- The implementation of a special program for the elimination of rural illiteracy.
- The strengthening and promotion of research, innovation, scientific and technological development for the agricultural sector, in areas such as agro-ecology, biotechnology, soil, etc.
- Progressive increase of technical, technological and university quotas in rural areas.
- To promote the increase of scholar supply on technical, technological and university preparation in fields related to rural development.
3.2.3. Housing and drinking water: In order to ensure dignifying living conditions for rural people, the national government will create and implement the National plan of construction and improvement of rural social housing. For the development of the plan, the following criteria will be considered:
- The application of suitable housing solutions, according to the particularities of rural areas and communities, with differential approach.
- The promotion and application of appropriate technological solutions (local aqueducts and individual solutions) to ensure access to drinking water and wastewater management.
- The provision of subsidies for the construction and improvement of housing, with emphasis on populations under extreme poverty, victims, and beneficiaries of the land distribution plan and women heading households. The non-refundable grant amounts that will cover up the entire housing solution shall be fixed taking the requirements and construction costs of each region, in order to guarantee dignifying housing conditions.
- The active participation of communities in defining housing solutions and implementing the projects.
- Technical assistance and promotion of the organizational capabilities of the communities to ensure the maintenance, operation and sustainability of solutions for access to water and wastewater management.
- Promote adequate water use practices.
3.3. Incentives for agricultural production and solidarity and cooperative economies. Technical assistance. Subsidies. Credit. Revenue generation. Marketing. Labor formalization.
3.3.1. Incentives for solidarity and cooperative economy: In order to stimulate different associative forms of labor between small and medium producers, based on solidarity and cooperation, to strengthen the capabilities of small producers to access goods and services, marketing their products and in general terms improve living, working and production conditions, the National Government will create and implement a national plan to stimulate solidarity and cooperative rural economy. For the development of the plan, the following criteria will be considered:
- Accompanying, financial and technical support to rural communities in the creation and strengthening of cooperatives, associations and solidarity organizations, especially those related to food production and supplying, in particular organic and agro-ecological farming and women's organizations.
- The strengthening of production capabilities and the conditions for accessing to rural development instruments (access to means of production, technical assistance, education and training, credit and marketing, among others).
- Encourage solidarity and cooperative partnerships as means to canalize resources and services to the rural population.
- Support to community organizations and associations to assist project management on infrastructure and equipment projects (roads, housing, health, education, water and sanitation, irrigation and drainage).
3.3.2. Technical assistance: In order to strengthen the productive capabilities of peasant, family and communitarian economy to develop productive projects and stimulate technological and innovation processes, the National Government will design and implement a national Plan of comprehensive technical and technological assistance, and research support. For the development of the plan, following criteria will be considered:
- Ensuring the provision of a comprehensive, technical and technological assistance service (advances in technical, productive, organizational and social aspects, as well as management, administration, finances, marketing and training) to peasant, family and communitarian economy production, in a decentralized manner. Comprehensive, technical and technological assistance is a free public service to the beneficiaries of the Land Fund and for small farmers, and will have a progressive subsidy for mid-size producers.
- The regulation and supervision of the quality of technical and technological support including a participatory and communitarian monitoring and evaluation system and.
- Linking the technical and technological assistance to the results of agricultural research and innovation processes, including the use of communication and information technologies.
- The promotion and protection of native seeds and seed banks for communities to access optimal planting material and contribute in a participative way to its improvement, incorporating their own knowledge. Also, strict sanitary and socio-environmental regulations of transgenic, endorsing the common good, as a part of the unwavering obligation of the State to take measures and to use the necessary instruments to safeguard the genetic and biodiversity heritage as a resources of a sovereign nation.
3.3.3 Subsidies, income generation and credit: In addition to the subsidies that the national government will provide to the peasant, family and communitarian economy through the plans and programs of land distribution, technical assistance, housing, infrastructure and, in general, all goods and social services that constitute comprehensive access, the Government will design and implement a plan to support and consolidate income generation from the peasant, family and communitarian economyand medium producers with lower incomes. For the development of the plan, the following criteria will be considered:
- The provision of non-refundable seed capital resources that enable the successful start of productive projects of the beneficiaries of land distribution.
- The promotion of agricultural revolving funds of associations of small and medium producers with lower incomes.
- The adoption of a system of guarantees to facilitate access of peasant, family and communitarian economy to agricultural credits.
- In light of the agreement reached in section 1.6 on inalienability and non-transferability, the provision of low-interest lines of credit, flexible, timely and subsidized for peasant, family and communitarian economy and complementary activities for progressive subsidies to medium producers with lower incomes, especially aimed at supporting food security (sovereignty), restructuring production and generation of added value. Subsidized credit lines for the purchase of land will be granted exclusively to small producers.
- The promotion of subsidized crop insurance for agricultural production of peasant, family and communitarian economy in all its forms.
- The promotion of a risk managing culture for all types of risks.
- Alongside with the manuals of subsidized credits, mainly the small rural farmers will be widely informed and supported in the use of mechanisms for debt regulation that will allow them to resume the production of peasant, family and communitarian economy on their lands, in order to protect their livelihoods.
3.3.4 Marketing:Aiming to ensure suitable conditions for trading products from the production of peasant, family and communitarian economy and therefore improve its availability as a guarantee of food security (sovereignty), the Government will create and implement the national Plan for the promotion of peasant, family and communitarian production trading. For the development of the plan, the following criteria will be considered:
- The promotion of solidarity trading associations that provide logistics and information, manage collection centers and promote rural products, with special attention for prioritized areas, so as to progressively minimize intermediation, reduce the final price to consumers, facilitate direct relations between producers and consumers, and ensure conditions to guarantee better incomes for producers.
- Financing or co-financing of gathering centers for food production of peasant, family and communitarian economy, in order to address the particularities and needs of the region as well as to promote the administration of the collection centers by organized communities.
- Promotion in urban centers of markets for production of peasant, family and communitarian economy.
- The promotion of linkages between small rural production and other production models, which may be vertical or horizontal and at different scales, according to the urban-rural integration, to the benefit of the communities and in order to add value to the production.
- The design and progressive implementation of a public purchasing mechanism to attend the demand of institutional entities and programs, which in a decentralized way, foment local production to support the trading and absorption of the peasant, family and communitarian economy.
- The implementation -for the producer-, of an information system on regional prices supported by information and communication technologies.
3.3.5. Rural labor formalization and social protection: The National Government will strengthen to the maximum, the protection and social security system for the rural population. In light of ILO standards, in which Colombia partake, and with the intention of guaranteeing dignified labor, rural workers´ rights and their social protection, (protection of the elderly and labor- related risks), the National Government will create and implement a progressive Plan of social protection and guarantee of rural workers’ rights.
The plan must dignify rural working conditions through the application -with labor inspection-, of the regulations on contractual relations, the corresponding regulation over time, remuneration and subordination, considering legal developments favorable to the workers, from applicable ILO standards on work at large, and rural work in particular to effectively guarantee the fundamental right to work. For the development of the Plan, the following criteria will be considered:
- Campaigns for the eradication of child labor and immediate action to eradicate the worst forms of child labor.
- The guarantee of social protection, through a periodical economic benefit for farm workers in retirement age and a subsidy for labor risks, proportional to an individual saving accompanied by a subsidy from the state.
- The promotion and encouragement of organizational processes of farmworkers, through associative forms based on solidarity and cooperation, in such a way that access to state services for the wellbeing of workers is facilitated.
- The promotion of the employment of people in situation of disability.
- The promotion of the employment of women in non-traditional production areas.
- Training for agrarian workers and companies, on labor rights and obligations, and promotion of a culture of labor formalization.
- The strengthening of a fixed labor inspection system and the creation of a mobile inspection system in rural areas to allow workers to properly demand their labor rights and handle labor disputes.
- The socially and environmentally sustainable plans and programs to be developed in rural areas, will be implemented with the labor from the communities in the area. The working conditions of these programs will be adapted to national and international standards, and will be ruled by the principles of dignity and equality.
- The expansion of programs for the effective protection of the economic risk of old age for elderly rural population in extreme poverty who are not covered by the social security system.
3.4. Food Security (sovereignty) System:Towards the obligation to progressively guarantee human right to healthy, nutritious and culturally appropriate feeding, in order to eradicate hunger and to that extent encourage food availability, access and consumption of food nutritional quality in sufficient quantity, the Government will launch a special food and nutritional security system (sovereignty) for the rural population.
Food and nutrition policy in rural areas is based on the progressive increase of food production, income generation, and in general, creating conditions for welfare through national plans of land access, infrastructure, irrigation, housing and drinking water, technical assistance and training, marketing, credit, promotion of associations based on solidarity and cooperation, and other plans set out in this agreement. It is necessary to ensure that all national plans fulfill the projected objectives of food and nutrition policy, through a system that articulates them in the territories, considering the following criteria:
- The development of departmental and local plans for culturally appropriate food and nutrition, with the active participation of communities, society, the National Government and local authorities to articulate the measures and establish the goals.
- The establishment of departmental and municipal food and nutrition councils with the representation of the Government, and a broad section of society and communities, in order to propose and participate in the definition of guidelines for the design and implementation of food and nutrition policies through departmental and local plans, mobilize resources in the region, monitor risks and the goals’ compliance.
- Establishment of a National Food and Nutrition Council composed of national, departmental and municipal authorities and elected representatives in the framework of departmental and municipal councils, to propose and participate in the definition of food policy guidelines, coordinate departmental and local plans, report and monitor risk and nationally supervise goals.
- The development of programs against hunger and malnutrition, with national coverage, especially for the rural population living in poverty, pregnant and lactating women, children and the elderly. These programs will include shock-plans for the most vulnerable rural population and those under extreme poverty.
- The adoption of support plans to strengthen, develop and reinforce the production and the internal market, including technical and scientific assistance aimed at promoting the skills of socially and environmentally sustainable peasant, family and communitarian economy, that contributes to self-sufficiency and self-consumption.
- The promotion of local and regional markets that link producers and consumers and improve the conditions of access and availability of food in rural areas of the country.
- Running campaigns to promote the production and consumption of food with a high nutritional content, a proper treatment of the food and the adoption of good eating habits, considering the characteristics of the territory and encouraging the production and domestic food consumption.
- Also, the provision of conditions and incentives for production and marketing, including, where necessary, direct support for strengthening production, in order to avoid or minimize negative impacts, involving the internationalization of the economy and trade liberalization, on the peasant, family and communitarian economy.
Proposal by the Government:
* “The Government commits itself to ensure the financing of all the commitments derived from the present Agreement.” (This sentence would be placed in point 6 as one of the guarantees)
Proposal FARC-EP:* “What concerns the funding by the Government of the policies, plans, programs, projects, and other measures and procedures pointed to make a reality out of the Peace Agreement between the Government and the FARC-EP will be discussed within the last point of the Agenda”.
Pending points on the first point of the Agenda:
Comprehensive Agrarian Development with a Territorial Approach.
1. Large landholding and property delimitation: Abolition of unproductive, idle or inadequately exploited landholdings, and democratic redistribution of land ownership.
2. Restrain foreign ownership of the territory: the purchase of large areas of land by transnational companies shall be proscribed. Exceptions may be considered establishing limits over purchases. In no case, food sovereignty shall be affected. All purchases intended to be used for biofuel projects or those affecting land use at the expense of food sovereignty and environmental sustainability, will be rejected.
3. Mining and energy extraction and conflicts over land use: Solution to conflicts over land use for the benefit of society and national sovereignty.
Declare the main natural energy and mining resources of a strategic nature, and retrieve them to the Nation by redefining contractual arrangements that have resulted in inequitable conditions of usufruct by foreign investors. Reformulation of royalty payments by significantly increasing the percentage of natural resources intended for the nation, and elimination of tax incentives for foreign investors. Exact territorial delimitation of extractive economies related to non-renewable natural resources and utilization of resources recovered to the benefit of the national interest and good living conditions for the population.
Indefinite suspension of the granting of new mining titles and new concessions for oil exploration and extraction until previous studies and consultations with the respective populations determine the feasibility and socio-environmental sustainability of such activities; strict regulation or prohibition, if appropriate, of large open pit mining; effectively ban mining and energy exploitation in fragile páramo ecosystems and agro-ecological reserves.
Imposition of obligations for a comprehensive reparation of the victims of socio-environmental mining and energy predation, carried out by the concession companies with shared responsibility of the state.
Guidance and special protection to artisanal mining, contributing to preserve its socio-environmental sustainability. This includes a guarantee for the rights of traditional and artisanal miners, as well as the respect for their culture; recognition and legalization of mining titles for small and medium miners. Ending the persecution and criminalization of this activity; definition of specific regulations by the state.
4. Regulations for the exploitation of territory for the production of agro-fuels: In the case of long-term crops for the production of agro-fuels, their location, territorial limits or prohibition, if appropriate, shall be determined addressing environmental sustainability, the impact on water resources and the requirements of food supply. Agricultural exploitation developed with intensive use of agro-technologies will be discouraged.
5. Review and re-negotiation of Free Trade Agreements detrimental to the economy: While the effects of the complaints and revisions of FTAs are being produced, measures of incentives, protection and subsidies for domestic food production will be implemented, in particular on peasant, indigenous and afro-descendant production.
6. Adjustments to Territorial Planning: Definition of a new law for a social and environmental, democratic and participatory Territorial Planning; territorial re-organization and land-uses for food sovereignty and the nutritional food supply for the population; Social and environmental sustainability; the right to water and protection of water resources and fragile ecosystems. Re-definition of territories for agricultural and food production; creation of new rural settlements for agricultural and food production.
Exploitation of non-renewable natural resources to the benefit of national interests and good living conditions of the population; dignifying artisanal small and medium-sized mining with social and environmental sustainability; replacement of illicit uses of crops; Alternative cadastre on land displacement and dispossession.
7. Regarding the financing of the policy on Comprehensive Agrarian and Rural Development: In order to ensure its stabilization and projection, and in line with the purposes for which they were created, peasant territories would have resources of constitutional origin, specifically allocated to them.
Without prejudice to other funds, the resources will come from the general system of contributions, from royalties, and from a specific source created with a percentage of the taxes on unproductive, idle or inadequately exploited landholdings, as well as from a specific account created within the national general budget with a fixed percentage of the total budget. All these resources would constitute the National Fund for the Financing of Peasant Territories.
The criteria for the allocation as well as the amount of resources, will be defined together with the rural communities and their organizations, which will autonomously administer the allocated resources. According to the geographical location, there will be additional resources from a fixed percentage of the budgets of municipalities and departments.
8. Quantification of the Land Fund: Definition of the number of hectares to be included in the Land Fund and the sources of financing of the project.
We propose the fund to have at least 20 million hectares of land from unproductive, idle or inadequately exploited landholdings, barren lands, or appropriated using war and displacement, as well as those retrieved from drug dealers.
9. Creation of the National Council for Land and Territory: In charge of tracing and establishing general guidelines for land-use planning, the definition of land uses, as well as disputes arising from it.
In addition to public authorities, entities of control and representative enterprises, the Council will comprise representatives from the communities of peasant, indigenous, Afro-descendent, raizales, palenqueros, ethnic and intercultural territories, as well as from the organizations of peasants and agricultural workers, chosen by themselves.
10. Definitions on tenancy right: Special regulations will be established to prevent land concentration in the hands of transnational corporations, or economic groups, large national companies, or alliances or partnerships between them.
In particular, measures against financial speculation regarding land and territory will be implemented. Tenancy rights will not be allowed if they are aimed at promoting a "legal" displacement, and the “de-peasantization” of the countryside.
The delegates of the Government and the FARC-EP report that:
We have reached an agreement on the first item of the Agenda, contained in the “General Agreement for the termination of the conflict and the construction of a stable and long-lasting peace".
We have agreed to call it “Towards a new Colombian countryside: Comprehensive rural reform”.
In the next round of talks we will present the Table’s first periodical report.
We have built agreements on the following topics:
• Land access and use. Unproductive land. Property title formalization. Agricultural frontier and protection of reserve zones.
• Development programs with a territorial focus.
• Infrastructure and land adaptation.
• Social development: health, education, housing, poverty eradication.
• Stimulus to agricultural and livestock production and to solidary and cooperative economy. Technical assistance. Subsidies. Credits. Income generation. Labor formalization.
• Food and nutritional policies.
The agreements we have reached will be the starting point for radical transformations of Colombia’s rural and agrarian reality with equity and democracy. They are focused on the people, the small producers, land access and distribution, the struggle against poverty, encouragement of agricultural and livestock production and the reactivation of the rural economy.
The aim is that the highest possible number of rural inhabitants without land or with insufficient land may have access to it, through the creation of a Land Fund for Peace.
The National Government will gradually formalize, pursuant to the constitutional and legal order, all the land occupied by or property of peasants in Colombia.
Mechanisms will be created to solve usage conflicts, as well as an agrarian jurisdiction for the protection of property rights with the prevalence of the common good.
This will be accompanied by housing, drinking water, technical assistance, training, education, land adaptation, infrastructure and land recovery plans.
The agreement seeks to reverse the effects of the conflict and restitute the victims of dispossession and forced displacement.
It includes the formation and updating of rural information in order to update the respective cadastre, seeking legal security and an increased and more efficient information.
Thinking about future generations of Colombians, the agreement delimits the agricultural frontier, protecting areas of particular environmental interest.
It seeks social protection for the countryside, and the eradication of hunger by means of a feeding and nutrition system.
The agreements reached to date are part of a broader agreement which we expect to achieve in the following months, which contains six items. As for the next round of talks to be started on June 11, we will start discussing the second item of the Agenda contained in the “General Agreement” of Havana, called Political Participation.
One of the guiding principles of these talks is that “nothing is agreed until everything is agreed”. This means that the agreements we have been building are dependent on our reaching an agreement on the entire Agenda and, likewise, that to the extent of the progress in the discussions the agreements on each one of the sub-items may be adjusted and complemented.
We want to highlight that in these 6 months of conversations we have not only discussed the agrarian topic. During this period the conversation process was born, agreements were reached on the way to work in the plenary sessions, the commissions or separately, and different citizen participation and consultation mechanisms were established in order to receive proposals and opinions from citizens and social organizations. These working and participation mechanisms and procedures are already under way, reason for which we expect to move forward in pursuing agreements more quickly from now on.
We highlight the contribution of the United Nations Office in Colombia and the Centro de Pensamiento of the National University of Colombia, in the organization of the forums held in Bogotá on the Agrarian and Political Participation items. We have also incorporated the contributions of the regional tables, organized by the Peace Commissions of Colombia’s Senate and House of Representatives.
We thank the thousands of Colombians and the social organizations who have sent us their proposals and opinions on the Agenda items through the forums, the website or the forms that are available at Mayor and Governor offices. Each and every one of these proposals has been received by the delegations at Havana. A procedure was agreed and implemented at the Table to receive them in an orderly manner, classify them and have them available on electronic media.
We want to extend our special gratitude to Cuba and Norway, guarantors of this process, for their ongoing support and for the environment of trust they foster.
The presence of their representatives at the Table is a fundamental factor for its development. Likewise, we thank Chile and Venezuela, the accompanying countries, who are periodically informed by the delegations on the progress of the dialogues.
These four countries form a group of nations friends of the process which we especially value, and we also appreciate the statements of support from other nations, organisms and international leaders who strengthen the trust in the path we are taking.