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The legal recognition of Indigenous Peoples’ collective land rights is contentious in Colombia. There are enduring land disputes between state actors and Indigenous communities. Land rights policies have passed through several political cycles, but these have typically been poorly implemented, routinely violated by state actions, and often rolled back with new legislation. The 1991 National Political Constitution (NPC) transformed Indigenous-state relations, where for the first time in Colombia’s history, the collective cultural and land rights of Indigenous Peoples were recognized and protected in the country’s supreme law. To date, Indigenous Peoples have secured exclusive ownership rights to over 33 million hectares of collective lands, or 28 percent of the country. However, most Indigenous lands were titled before the 1991 NPC, which was constrained in its promise by a long-lasting internal armed conflict (among other factors). A 2016 historic Peace Agreement between the government and the Revolutionary Armed Forces of Colombia (FARC) guerrillas promised to address the root cause of the conflict: land ownership disputes. This agreement has yet to resolve the land problem. Taking a historical perspective, this chapter analyzes the structural political and legal barriers to Indigenous land rights in Colombia. The chapter examines the interaction of the Peace Agreement with land rights laws and explores the strategies of Indigenous Peoples to secure and safeguard their land rights in this new context. The chapter concludes with recommendations for strengthening land rights across the nation.
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