usaid/colombia land for prosperity activity

USAID/COLOMBIA LAND FOR

PROSPERITY ACTIVITY UNDER THE STRENGTHENING TENURE AND RESOURCE

RIGHTS II (STARR II) IDIQ

Gender and Social Inclusion Analysis and Baseline for

Project Implementation – Initial Strategy

OCTOBER 2019

This publication was produced for review by the United States Agency for International Development. It

was prepared by Tetra Tech for USAID’s Land for Prosperity Activity.

This publication was produced for review by the United States Agency for International

Development by Tetra Tech, through USAID Contract No. 72051419F00015, USAID’s Land

for Prosperity Activity under the Strengthening Tenure and Resource Rights II (STARR II)

Indefinite Deliverables, Indefinite Quantity Contract No. 72051418D00003.

This report was prepared by:

Tetra Tech

159 Bank Street, Suite 300

Burlington, Vermont 05401 USA

Telephone: (802) 495-0282

Fax: (802) 658-4247

Email: [email protected]

Tetra Tech Contact:

Cristina Alvarez, Project Manager

Telephone: (703) 387-2103

Email: [email protected]

Cover Photo: USAID Colombia Land and Rural Development Program

USAID/COLOMBIA LAND FOR

PROSPERITY ACTIVITY UNDER THE STRENGTHENING TENURE AND RESOURCE

RIGHTS II (STARR II) IDIQ

GENDER AND SOCIAL INCLUSION ANALYSIS AND

BASELINE FOR PROJECT IMPLEMENTATION –

INITIAL STRATEGY

OCTOBER 2019

DISCLAIMER

This report is made possible by the support of the American People through the United States

Agency for International Development (USAID). The contents of this report are the sole

responsibility of Tetra Tech and do not necessarily reflect the views of USAID or the United

States government.

USAID’S LAND FOR PROSPERITY ACTIVITY: GENDER AND SOCIAL INCLUSION ANALYSIS AND BASELINE FOR PROJECT IMPLEMENTATION – INITIAL STRATEGY i

TABLE OF CONTENTS TABLE OF CONTENTS ........................................................................................................................... I

ACRONYMS AND ABBREVIATIONS ................................................................................................... II

1.0 INTRODUCTION .............................................................................................................................. 1

2.0 GENDER AND SOCIAL VULNERABILITY AND INEQUALITY IN RELATION TO THE

ACTIVITY .......................................................................................................................................... 2

2.1 PRELIMINARY SITUATIONAL ANALYSIS: RURAL WOMEN ............................................................................................3 2.2 PRELIMINARY SITUATIONAL ANALYSIS: RURAL YOUTH ..............................................................................................4 2.3 PRELIMINARY SITUATIONAL ANALYSIS: ETHNIC GROUPS ...........................................................................................5

3.0 BARRIERS TO ACCESS AND CONTROL OF PRODUCTIVE RESOURCES, LAND,

AND TERRITORIES, AND TO PUBLIC SERVICES ................................................................. 6

3.1 CULTURAL AND SOCIAL NORMS AND BEHAVIORS .....................................................................................................7 3.2 INSTITUTIONAL CAPACITY AND ACCESS ......................................................................................................................7 3.3 SECURITY ............................................................................................................................................................................8 3.4 EMPOWERMENT AND PARTICIPATION ...........................................................................................................................8 3.5 FORMULATION AND IMPLEMENTATION OF PRODUCTIVE INITIATIVES ......................................................................9

4.0 STRATEGY FRAMEWORK............................................................................................................. 9

4.1 GENERAL DESIGN FEATURES ...........................................................................................................................................9 4.2 GESI IN YEAR 1 CROSSCUTTING AND COMPONENT SUB-ACTIVITIES .................................................................. 12

5.0 OTHER CONSIDERATIONS ......................................................................................................... 13

5.1 STAFFING AND MANAGEMENT APPROACH ............................................................................................................... 13 5.2 KEY STAKEHOLDERS ...................................................................................................................................................... 14 5.3 RISKS, ASSUMPTIONS, AND MITIGATING MEARSURES ............................................................................................... 14

6.0 GESI ROADMAP AND NEXT STEPS ........................................................................................... 14

BIBLIOGRAPHY ..................................................................................................................................... 16

ANNEX A: NORMATIVE FRAMEWORKS PROMOTING EQUALITY AND INCLUSION

RELATED TO ACTIVITY COMPONENTS .................................................................................. 17

ANNEX B: NATIONAL-LEVEL KEY ACTORS LIST ......................................................................... 22

USAID’S LAND FOR PROSPERITY ACTIVITY: GENDER AND SOCIAL INCLUSION ANALYSIS AND BASELINE FOR PROJECT IMPLEMENTATION – INITIAL STRATEGY ii

ACRONYMS AND ABBREVIATIONS ADR Agencia de Desarrollo Rural (Rural Development Agency)

AMEL Activity Monitoring, Evaluation, and Learning

ANH Agencia Nacional de Hidrocarburos

ANLA Agencia Nacional de Licencias Ambientales

ANT Agencia Nacional de Tierras (National Land Agency)

ART Agencia de Renovación de Territorios (Agency for Territorial Renovation)

BPI Bárrido Predial Integral

CAR Corporación Autónoma Regional

CDLO USAID/Colombia Community Development and Licit Opportunities Activity

CEDAW United Nations Convention for Elimination of all Forms of Discrimination against Women

CAN Censo Nacional Agropecuario

CLA Collaboration, Learning, and Adaptation

CNOA Conferencia Nacional Afrocolombiana

CNTI Comisión Nacional de Territorios Indígenas (National Commission for Indigenous Territories)

DANE Departamento Nacional de Estadística

FISO Formulario de Inscripción de Sujetos de Ordenamiento

GESI Gender and Social Inclusion

GOC Government of Colombia

GP Guiding Principle

IGAC Instituto Geográfico Agustín Codazzi (Augustin Codazzi Geographic Institute)

ILO International Labor Organization

LGBTI Lesbian, Gay, Bisexual, Transgender, and Intersex

LRDP USAID/Colombia Land and Rural Development Program

MARD Ministry of Agriculture and Rural Development

MPC Mesa Permanente de Concertación con los Pueblos Indígenas

NDP National Development Plan (Plan Nacional de Desarrollo)

NGO Nongovernmental Organization

ORIP Oficina de Registro de Instrumentos Públicos (Real Property Registry)

PCN Proceso de Comunidades Negras

PDET Planes de Desarollo con Enfoque Territorial (Territorial Economic Development Plan)

POSPR Planes de Ordenamiento Social de la Propiedad Rural (Participatory Rural Land Use Management

Plan)

PPP Public-Private Partnership

RESO Registro de Sujetos de Ordenamiento

RRI Reforma Rural Integral

SENA National Learning Agency

SDG Sustainable Development Goal

SGP General Participation System

SNR Superintendencia de Notariado y Registro (Superintendent of Notaries and Registries)

USAID’S LAND FOR PROSPERITY ACTIVITY: GENDER AND SOCIAL INCLUSION ANALYSIS AND BASELINE FOR PROJECT IMPLEMENTATION – INITIAL STRATEGY iii

TOC Theory of Change

UARIV Unidad para la Atención, Reparación y Restitución de Víctimas (Unit for Attention, Reparations and

Restitution for Victims)

UNHCR United Nations High Commission for Refugees

UNP Unidad Nacional de Protección (National Unit for Protection)

UPA Unidad de Producción Agropecuaria (Agricultural Production Unit)

UPNA Unidad de Producción No Agropecuaria (Non Agricultural Production Unit)

URT Unidad para la Gestión de la Restitución de Tierras Despojadas (Land Restitution Unit)

USAID United States Agency for International Development

USG United States Government

ZRC Zonas de reservas Campesina (Peasant Reserve Zone)

USAID’S LAND FOR PROSPERITY ACTIVITY: GENDER AND SOCIAL INCLUSION ANALYSIS AND BASELINE FOR PROJECT IMPLEMENTATION – INITIAL STRATEGY 1

1.0 INTRODUCTION The purpose of USAID’s Land for Prosperity Activity (“the Activity”) is to improve the conditions of conflict-

affected rural households in a sustainable manner. To fulfill this purpose, the Activity will work to achieve three

objectives: massive access to formal land tenure and property rights; improved local land administration; and

expanded access to licit economic opportunities in targeted geographies. The Activity will implement

interrelated activities within seven regions (Sur de Tolima, Meta, Montes de Maria, Bajo Cauca, Norte de Cauca,

Catatumbo, and Tumaco).

Providing households living in areas affected by conflict, illicit coca production, and distanced from state

presence with improved land governance and economic opportunity is vital to self-reliance and achieving crop

substitution regardless of gender, age, or ethnicity. The Activity theory of change (TOC) recognizes that

reaching and benefitting—and doing no harm to—women, youth, and ethnic groups will enhance impacts, and is

critical to achieving ambitious results in the Activity regions. Activity design is strengthened by a guiding principle

(GP)—specifically about promoting equality and inclusion of women, youth, and ethnic minorities throughout

the Activity and by requiring explicit gender-related deliverables (e.g., inclusion in decision making,

implementation, and assessment of Activity progress).

The Activity is consistent with USAID's Gender Equality and Women's Empowerment Policy, which includes the

mandates of the United Nations Convention for Elimination of all Forms of Discrimination against Women

(CEDAW). The Draft USAID Policy on Indigenous Peoples is also relevant. The Activity is also congruent with

Colombia’s National Development Plan (NDP) and with the attention to vulnerable groups envisaged by the

Peace Agreement1—promoting their transformation to control of their own political, socioeconomic, and

cultural development.

The Activity design applies the Colombian concept of a differential approach.2 This approach treats some

population groups differently according to context-specific needs and opportunities; contributes to reducing

gaps between different segments of the population; and favors overcoming social exclusion, political marginality,

economic inequality, the special status of vulnerabilities and risks in the face of conflict. Consistent with a

differential approach, implementation plans will be informed by gender and social inclusion (GESI) analysis and

assessment that identifies opportunities, risks and assumptions, challenges, and mitigating measures nationally

and locally. For the Activity, the principal vulnerable groups of concern are women, youth,3 and ethnic groups.

Conclusions will be used for detailed activity designs; in collaboration, learning, and adaption (CLA) actions; and

in our performance monitoring4. Activity implementation plans will emphasize do no harm, assure the active

voice and engagement of marginalized groups, and find opportunities for empowerment in overcoming priority

issues:

• Due to historical biases, cultural norms, and economic exclusion, access to land and land titles is more

limited for women. Projects often include women, but not a gender perspective that tackles problems of

power and culture, differential capacity, and time constraints.

• In Colombia, youth between 18 and 24 years of age represent over a quarter of the population and 41% are

under 19. Creating a culture of formality that bridges generations requires making registration of

inheritances less cumbersome, especially in relation to restitution proceedings, and addressing constraints to

land access.

1 Peace Accords for the Construction of a Stable and Lasting Peace. 2 The differential approach (enfoque diferencial) is a conceptual tool that supports the advancement of equality, inclusion, and the protection of the rights

of vulnerable groups. It is both a method of analysis and a guide to action based on a reading of reality that aims to make visible the forms of discrimination—barriers—against vulnerable groups by a majority or by a hegemonic group. With a view into the situations of vulnerability and the barriers these groups face, the concept is to then take actions to drive positive change.

3 In accordance with the Land for Prosperity Contract, “youth is understood as individuals between the ages of 14-26 according to Colombian Youth Law (Law 375 of 1997).”

4 As such, the content in this initial GESI strategy in sections 4, 5 and 6 may evolve in the final strategy prepared by the end of Year 1 and over time.


• Afro-Colombian and indigenous peoples in Colombia hold significant land area but face challenges formally

documenting their land rights due to lack of agreement on, and conflict over, territorial boundaries,

encroachment by peasant squatters including those who cultivate coca, and distrust of outsiders that

constrains public and private investment.

This Gender and Social Inclusion Analysis and Baseline for Project Implementation – Initial Strategy includes the

following sections: Section 2 provides a preliminary, national situational analysis of gender and social

vulnerabilities of women, youth, and ethnic groups as relevant to the Activity; Section 3 synopsizes the barriers

these groups face in access to and control over productive resources and related public services; Section 4

frames implications for design features and their specific manifestation in the Year 1 work plan; Section 5 notes

other considerations such as staffing, stakeholder, and risks and assumptions; and Section 6 is a road map to

evolve this initial strategy, over Year 1 of the Activity, into a final analysis and strategy to inform and guide

activity methodologies and implementation practices over the remainder of the Activity.

2.0 GENDER AND SOCIAL VULNERABILITY AND

INEQUALITY IN RELATION TO THE ACTIVITY The recently published “USAID/Colombia Gender Analysis and Assessment Final Report” (Schreuel, Rodriguez,

Gomez, and Kolundzija, 2019),” presents a broad review of the situations of vulnerability and the inequalities

that persist in Colombia and leave women, youth, ethnic minorities, and other vulnerable groups behind in

development progress and more them likely to be in harm’s way. The report includes information and insights

across the sectors of USAID programming including analyzing the five domains of gender analysis for each sector

as required by USAID ADS 205. The land and rural development conclusions and recommendations of the

assessment support the objective of the Activity; pointing to the importance of formalization of land rights,

strengthening local land governance and bringing the benefits of these in the near term through strategic value

chain PPPs—in a gender-responsive and inclusive manner. As such, the document is a strong starting point for

the Activity GESI analysis and assessment. The following points from their findings stood out as particularly

relevant to the Activity, though this is not a comprehensive list:

• Colombia’s extensive legal framework supports gender equality and emphasizes the advancement of

women’s rights, land titling, and prevention of gender-based violence. However, a significant gap exists

between the legal framework and its implementation, especially in rural areas.

• Many government officials responsible for land restitution and land titling programs were either not aware of

Colombian law or not interested in applying the law—particularly the requirement that titles must be issued

and reference the names of both the man and the woman.

• As rural organizations representing vulnerable groups are becoming more active “…— asserting their rights,

advocating for citizen participation, and addressing issues related to the environment or substitution of illicit

crops—violence against their leaders is increasing (p. 33).”

• “…many young people in rural areas, especially those without access to land, are involved in coca

production, especially leaf collection. (p. 42)” This trend is increasing and participation in youth in main

alternative crops such as coffee and cacao is low.

• In urban areas, cultural norms and beliefs are changing toward being less discriminatory and patriarchal but

in rural areas these persist.

• Often the GESI strategies of USAID projects mention only national statistics and do not include specific

activity-level measures to promote equality and inclusion.

Sections 2 and 3 present general information about issues for women, youth, and ethnic groups at the national

level, as related to the Activity components. Regional and municipal information is not provided in the initial

strategy; Section 6 indicates how this will be obtained and used to finalize the strategy.


2.1 PRELIMINARY SITUATIONAL ANALYSIS: RURAL WOMEN

It took Colombia more than 160 years between the legal framework that regulates land ownership and

development of rural areas (Law 13/1822) to its recognition of women as land owners (Law 30) (Rodriguez,

2019). The inability of women to access land as owners, to be engaged in farm management, and to handle

productive resources and income from production have deep roots in legal norms and cultural practices. Rural

women have worked together with peasant organizations and subsequently with exclusively female organizations

to be visible for the rest of Colombian society and the government with their problems and potentials.

Women are contributors to the social, cultural, and economic life of the country’s rural areas, but they are not

yet equally treated in the access to land and productive resources. When they do have access, it is typically only

as a subject of secondary rights mediated by relationships with men who are the actual heads of rural families

(fathers, brothers, husbands, partners). These situations, together with other discriminations such as limited

participation, domestic and gender violence, racial discrimination, and armed conflict in some areas of the

country, have seriously impacted the possibility for rural women to access land and increased the possibility that

women lose acquired rights in cases of separation, migration, widowhood, death of parents, and impacts of

discriminatory economic projects (FAO, 2010).

Normative Framework for Gender Equality in Land and Rural Development. Regulatory reform

progress (see Annex A, Table A1) has been made. Reform implementation is through institutions such as the

Ministry of Agriculture and Rural Development (MARD),5 the Land Restitution Unit and the National Land

Agency (ANT) that have specific offices, programs, and instruments for the inclusion and differential gender

treatment in administrative procedures for land access, formalization, and restitution and implementation of

productive projects. Among the actions provided in agricultural legislation, Legal Decree Law 902 stands out

since it compiled directives from Law 30/1988 and Law 160/1994 about the joint land titling for couples and joint

awarding of land subsidies to spouses or couples of permanent partners. Still, it is important to make visible the

significant and persistent gaps that prevent the realization of rural women’s land rights.

Gender-based Differences in Access to and Control Over Land. Evidence of inequality of service in

administrative proceedings for land access and formalization are found in agency reports, though the country

does not have systematic data on titling of rural women as land owners in their own right - not based on their

marital and family relationships. The 2014 National Agricultural Census, 2018 National Population and Housing

Census, 2013 Large Survey of Households, and studies by academia and nongovernmental organizations (NGOs)

provided us with more complete, reliable, and recent information They consistently indicate gender

disadvantages and vulnerable realities of rural women, including indigenous and afro-descendant women.

The agricultural production unit (UPA) is defined as the unit organizing agricultural production with the

following conditions: i) produces agricultural, forest, livestock, and aquaculture goods; ii) has a single natural or

legal producer who assumes responsibility and risks; and iii) uses at least one productive means such as

construction, machinery, equipment or workforce in the plots comprising it (DANE, 2014). In the CNA results,

36.3% of agricultural production was in the hands of women. Around 40.7% of women and 72.2% of men

depended on the family rural agricultural production for their sustenance. Taking UPA as the analysis unit, we

can infer that women have a lower control of land reinforced by lower access to machinery, credit, and

technical assistance. UPAs held by women comprise 9.4% of the total area; 19.1% of UPAs are managed by

women and have machinery; 18.7% have received technical assistance; 11.9% requested credit; and 56.2% have a

specific productive area for self-consumption (Cediel Becerra and Morales, 2018). Women have smaller UPAs

than men and men are the main decision-makers for the UPAs; men and women make joint decisions over

12.6% of UPAs, while 61.4% of UPAs are controlled by men. Even for UPA’s of women, only 78% make

decisions about their land. In ethnic collective territories, a greater portion of producers claim they jointly make

5 MARD’s Rural Women Directorate, created by decree 2369/2015, has the mandate to develop gender-sensitive policies and instruments to improve the living and working conditions of rural women and promote the coordination between national sectoral institutions and regional agencies to

implement rural development plans; however, its budget is precarious.


decisions on production. In rural areas, despite the high socioeconomic migration rates and forced displacement

of men, a male head of household is still recognized for most families.

Information on land restitution to women who claim they are victims is restricted by the Unit for Land

Restitution (URT) and only general data on individual and collective requests for restitution can be obtained. As

of September 30, 2019, out of the 92,751 requests, 41% were made by women (37,864) who were identified as

single, head of household because a spouse was not listed. The 2019 URT annual progress report suggests that

51% of people included in restitution rulings are women. While significant progress has been made by the URT

in differential treatment through the inclusion of specific and affirmative measures for women, there is still a long

way to go to have all displaced women benefit from land restitution.

2.2 PRELIMINARY SITUATIONAL ANALYSIS: RURAL YOUTH

Youth are unnoticed and excluded yet have great potential to contribute to rural development. Rural teenagers

in the country are at risk in the present and future: 40% live in poverty conditions. Among displaced persons,

indigenous persons, and afro-descendant communities (UNFPA, 2015), 16.7% are indigent, three times the

number in cities. Almost 5% (4.8%) indicate that their income is not sufficient to meet their basic food needs and

they lack access to drinking water sources, compared to 3% of urban teenagers (Pardo, 2017). According to The

Unit for Attention, Reparations and Restitution for Victims (Unidad para la Atención, Reparación y Restitución de

Víctimas [UARIV]), between 1985 and 2017, 28% of victims in the country were youth.

Normative Framework for Youth Inclusion in Land and Rural Development. The existing legal

framework relating to the youth population dated back to 1997 (see Annex A, Table A2), provides among other

public policy measures, some measures related to rural youth. Key pieces of legislation include creation of the

Colombian rural registry of agricultural and agribusiness companies and activities; the generation and

formalization of employment (Law 1429/10); the creation of the National Youth System “Young Colombia

(Directive 3/17),” and provisions to implement these policies in the regions through the establishment and

recording of municipal youth platforms. Within these policies, Decree 1784/19 should be highlighted. This

decree creates the Youth Portal that includes information on service supply and demand to ensure the rights set

forth in the Young Citizenship Statute (Estatuto de Ciudadania Juvenil). Additionally, it proposes the design,

implementation, enforcement, and assessment of public policies promoting the generation of opportunities for

teenagers and elimination of barriers for their development, aiming their holistic transformation and the effective

enjoyment of their rights, under parameters of legality, entrepreneurship, and equity.

Differential Vulnerabilities of Rural Youth. The vulnerability of rural teenagers is supported by population

data, such as the 2015 projections of DANE (DANE, 2015). The total youth population (ages 14 to 28) was

estimated to be 12 million, of which around 22% corresponded to rural youth. Rural youth remain forgotten and

invisible even though there are around 2.6 million peasant, indigenous, and afro-descendant youth who live in

rural towns and dispersed rural areas (Pardo, 2017). Two studies (Guerrero and Gonzales, 2017; Pardo, 2017)

describe the problem of exclusion of rural youth based on comparing the basic social indicators between rural

and urban areas, noting the extreme needs rural teenagers face compared to urban teenagers.

• High illiteracy rates in people age 15 and older, which in rural areas reach 17.4% (DNP, 2015); and

• Precarious employment prospects of rural youth, with marked differences between men and women,

especially in terms of job participation and the disparity in average wages. The unemployment rate for young

women is considerably higher: while 8% of young men in the countryside neither study nor work, the

proportion is five times higher for women, at 42% (Pardo, 2017).

According to DANE figures, in the 2014 CNA, rural teenagers have very low access to land. Rural youth

farmers and residents who claimed to have land in any of its forms constituted only 0.3% of the census

population and 2.3% of the census's rural young population (Procasur, 2017). The main strategy of access to land

by youth in the countryside is still inheritance, through the delivery of plots or land by their parents, who

bequeath to their children (usually men), but in most cases without the legal formalization of these plots in the

name of the new owners (International Land Coalition-FIDA, 2014; Procasur, 2017). Today there is no


disaggregated information on formal inheritances regarding the age of the beneficiaries of individual parcels. The

lack of access to opportunities is serious in so far as it does not contribute to the generational transition of the

countryside, thus it does not allow or enable the youth to remain in rural areas and, on the contrary, promotes

migration outside the rural area.

2.3 PRELIMINARY SITUATIONAL ANALYSIS: ETHNIC GROUPS

Regarding the context of indigenous people and afro-descendant communities as subjects of rights to land and

territories in rural areas, Colombia recognizes the fundamental right to the territory6 to indigenous peoples and

afro-descendant communities. Their right to exercise their cultural and spiritual/cosmic practices, as well as their

particular ways of social, political, and economic organization and the use of their languages7 is also recognized.

The Normative Framework for Territorial Rights and Inclusion in Development. Access to and

national recognition of ethnic territorial rights, supported in international norms, is contained in a series of rules

(see Annex A, Table A3). These date back to the 19th century with Law 89, which was further developed

through the ratification of ILO Convention 169 through Law 21/1991, the regulation and issuance of

administrative procedures contained in Law 160/1994 and its subsequent amendments, with which it was

possible to constitute, extend, clarify, correct and define most of the reservations that exist today. The 1991

Constitution also provides that indigenous territories are territorial entities of a special nature; however,

consolidation of this construct requires the enactment of a Statutory Law on Land Use Planning, which has not

taken place. However, progress was made with the issuance in 2014 of Decree 1953, which aims at creating a

special regime to allow the Indigenous Territories to operate with regard to the administration of their own

education, health, water, and basic sanitation systems.8 It reinforces indigenous self-determination and

autonomy, while specific resources are allocated to be managed directly by the ethnic authorities, without

preventing communities that are not certified as "indigenous territories" from continuing to participate in the

General Participation System (SGP) for transfers allocated by the national government to the municipalities for

public investment projects.9 Decree 2333 was also enacted in 2014, establishing mechanisms for effective

protection and legal security of lands and territories ancestrally occupied or owned by indigenous

communities.10

Afro-descendant communities were only recognized as subjects of law in1991 through the Transitional Article

55 of the Constitution, Law 70/1993, and the regulations of the administrative procedure for adjudication of

collective lands of black communities. These lands are not recognized as territorial jurisdictions separate from

municipalities and for that reason there is no specific differentiation in the transfers of the SGP for these

communities. Law 1753/2015, article 255, provided the estimation of compensation for property tax to the

municipalities where collective territories are located and also regulating—through Law 1530/2012—the

organization and operation of the General Royalty System and its differential ethnic approach to its action

principles and to preparation of development plans that incorporate the livelihood and ethnic-development plans

of the indigenous and afro-descendant communities. (Annex A – Table A3 lists key norms on ethnic lands.)

6 Articles 7, 63, 329 and 330 of Colombia’s political constitution and wide body of case law of the Colombian High Courts and the Inter-American

Court of Human Rights. 7 Currently, more than 60 languages survive, also the afro-descendant communities of San Basilio’s Palenque speak “Palenquero” and Raizales from San

Andres keep their “creole” language. 8 Decree 1953/2014 can be considered a transitional state until the law referred to in Article 329 of the Political Constitution is issued. For that

purpose, the function, financing, controlling and surveillance mechanisms and the strengthening of the special indigenous jurisdiction are established to

protect, recognize, respect, and ensure the exercise and enjoyment of the fundamental rights of the Indigenous Communities to the land, autonomy, own government, free determination, own indigenous education, own health and drinking water and basic sanitation, in the constitutional framework of respect and protection for ethnic and cultural diversity.

9 See DNP website (https//colaboración.dnp.gov.co.)

10 This legislation reinforces the self-determination and indigenous autonomy, while specific resources are allocated to be directly handled by ethnic

authorities, without preventing communities not certified as “indigenous territories” from continuing to participate in the SGP through transfers

allocated by the national government to the municipalities for public investment projects.


Ethnic Groups and Collective Territories. Approximately 37 million hectares fall under collective

ownership with differentiated degrees of administrative, financial, and fiscal autonomy such as reservations,

“indigenous territories,” and collective lands of the black communities. In addition, on lands ancestrally owned

by the communities, they exercise the right to use lands and resources they do not reside on. According to

DANE 2016, land rights to approximately 6,000,000 hectares were recognized under 185 titles of collective

lands from black communities. The vulnerability of the indigenous and afro-descendant communities and their

lands, as well as the impacts of the internal armed conflict, has been recognized by the Government of Colombia

(GOC), United Nations (UN) organizations, and the Colombian judicial courts in specific rulings.11 The GOC, in

dialogue with the representative organizations of ethnic groups, by the end of the previous decade had

recognized the need to address the risk of physical and cultural extermination of the indigenous and afro-

descendant communities subject to forced displacement and other forms of violence. It made the prior

consultation possible12 to agree on the special and differential measures for the assistance, comprehensive

reparation, and restitution of territorial rights of the victims from ethnic communities. The damages and

collective affectations most frequently identified in the restitution processes can be summarized in: (i) cultural,

such as loss of language, ritual practices and traditional knowledge, as well as the desecration of sacred places;

(ii) social and economic, such as the loss of food (supply and crops), contamination of food, impossibility of

independent development, non-development of self-education, disestablishment of living plans and ethnic

development and affectations to mental and physical health of the community members; (iii) environmental, loss

of strategic ecosystems -forests, animal and vegetable species, deviation, contamination and dewatering of water

sources (rivers, wetlands, swamps and aquifers), contamination and erosion of soils.

3.0 BARRIERS TO ACCESS AND CONTROL OF

PRODUCTIVE RESOURCES, LAND, AND

TERRITORIES, AND TO PUBLIC SERVICES It is essential to understand the visible, overlapping and/or associated barriers that prevent women and rural

youth13 from overcoming vulnerability and inequality in the rural economic and social context, regarding access,

use, control, tenure, productivity (economic, environmental, and cultural), and land sustainability. This is key to

activate participatory processes for designing, strengthening, and implementing public policies,14 programs, and

projects with a long-term horizon and with concrete, practical, and appropriate interventions for their

empowerment and local management. Regarding ethnic groups, the identification of situations that prevent the

realization of territorial rights must consider differential factors. One example of these is the acknowledgement

of the territory as a fundamental right of ethnic collective subjects recognized by the constitution and exercised

by the communities through occupation, appropriation, distribution, and transfer of their territorial rights

between families and individuals in each community. This facilitates understanding various ways of exercising

authority, administration, and planning of their territories. Ethnic territories cannot be pledged, seized, or sold.15

11 OHCHR and UNHCR annual reports until 2006 qualified the impact of the conflict on ethnic communities as “disproportionate” and the Constitutional Court in its rulings determined that the armed conflict and the factors underlying and related thereto have constituted a severe threat to ethnic, cultural, and environmental diversity. Writs 004 and 005/2009, more than 85% of ethnic territories has been directly affected by warlike actions and indirectly by the entrance of social and economic actors that have imposed drastic changes on the use, exploitation and reordering,

meaning the territories are usurped, invaded, contaminated and eroded. 12 This is a transitional policy for the comprehensive reparation and restitution of lands and territories is configured to be developed in the middle of

conflict, in effect from 2011 and 2021, in which the Colombian State made a commitment to the afro-descendant and indigenous victims and the collective victims.

13 In terms of barriers to access to women’s land tenure but could extend to the protection of the economic rights of children and adolescents. 14 The process approach must be the premise for the formulation of public gender policies that contemplates the analysis of the context from local to

national spheres, socializes, sensitizes, and trains the actors involved in the local areas and is broadcasted through campaigns that are appropriate to

different cultural contexts. Policymaking processes must be the product of dialogue between stakeholders and have a long-term approach. 15 These attributes determine that ethnic collective lands are outside the land market.


3.1 CULTURAL AND SOCIAL NORMS AND BEHAVIORS

• Cultural traits or characteristics regarding regulating the relations between men and women under the

patriarchal power structure permeate social, community, and family spheres and become an obstacle to

access land. This limits the possibilities of agency of women and youth and exacerbates their exclusion from

knowledge about their rights to land, representation, and decisions about it.16 These situations are clearly

noticeable in the rural society—farming—and have been historically and institutionally accepted.

• Lack of knowledge of rural women about their rights, administrative and judicial resources and procedures

to make them effective, and enforcement mechanisms and institutions is evidenced in reports by academia

and NGOs. Despite new technologies and modern means of communication, women’s lack of knowledge

persists since there are not enough services and coverage to spread information and deliver training.

• Lack of knowledge of rural women about their property rights keeps them from clearly identifying behaviors

and actions in their communities or families that are related to economic violence,17 so the normalization of

these abuses is perpetuated, without realizing the importance of resorting to protection mechanisms.

• The lack of available time for women to access specific knowledge and information about their land and

territorial rights, and existing procedures and instruments, is a barrier that also extends to participation,

technical training, and specific process management with the agencies.

• The above is clearly evidenced in women and rural youth appealing fewer administrative, socio-cultural, and

judicial decisions taken by public entities, ethnic authorities, and private companies, related to land allocation

programs, structuring productive projects, filing applications for restitution, filing complaints, or demands for

invasions or expropriations, delays in subsidies, and delays in administrative procedures for titling.

• The traditional and widespread persistence of perceiving youth at a stage of transition to adulthood makes

their present needs and future potential invisible for themselves and the rural areas they inhabit.

• The generational handover of the Colombian countryside is associated with the social and cultural

transformations of rural families and is related to the socioeconomic chances these families have to transfer

part of their land, resources for production, knowledge, and experience. They are also linked to allowing

young people to participate in decisions about farm planning and product marketing. Family support to rural

youth could be considered by rural development programs as a measure to strengthen productive initiatives.

3.2 INSTITUTIONAL CAPACITY AND ACCESS

• The institutional commitment in programmatic (programs, processes, procedures) and budgetary terms to

effectively recognize the rights of rural women and youth to land and ethnic communities to the territory is

still insufficient. Extending and consolidating application of the programs of all agencies in the sector within

the broad existing legal framework for differential gender, generational, and ethnic care is needed.

• The disconnect between rural sector agencies that provide attention to vulnerable women, youth, and

ethnic communities is a barrier that has an impact in the processes of formalization, restitution, and support

for productive projects and is still unsolved. Actions, programs, instruments, and different schedules in each

agency (ANT, Agustín Codazzi Geographic Institute [IGAC], Rural Development Agency [ADR],

decentralized cadastres, ORIP, Regional Autonomous Corporation18 (Corporación Autónoma Regional [CAR]),

Superintendence of Notaries and Registries [SNR], URT, Agency for Territorial Renovation (Agencia

16 (i) The man is the head of the family: he owns represents the woman, controls the family assets, and therefore the distribution and use of the land, as

well as the assets or means of production. (ii) The economic contribution of women is not recognized, since domestic work (care), productive work, and work performed outside the property are not considered in the family economy. (iii) Women are not considered in the distribution of land, since male rights are privileged in civil law systems and, thus, the right to legalization of the ownership by women in inheritance, marriage separations,

widowhood, successions is discredited. (iv) These situations of imbalance also occur within ethnic communities in the distribution or transfer of rights over “conucos” (small parcels), and other spaces for women.

17 It is still common to sell or pay debts using "family" land without the consent and knowledge of women and children. Tools, animals, and machinery being changed or destroyed is also usual. Knowing how to access specific mechanisms that contemplate the aggravation of crimes against heritage -

land and means of production when a rural, vulnerable, and disadvantaged woman is involved. 18 A CAR is a regional public agency responsible for planning and implementing environmental projects or programs.


Renovación del Territorios [ART]) converge in an uncoordinated manner on the same individual or community.

Entities have failed to consolidate a comprehensive intervention strategy.

• The stage after court decision of the ethnic restitution processes presents three main obstacles: i) the

disconnection and institutional blockages of entities at the national and local levels that receive orders from

restitution judges; ii) the lack of an active role in the follow-up to the orders contained in the court ruling by

the land restitution judges and from the public ministry agencies; and iii) the current security and risk

conditions, as well as a series of factual conditions that, in practice, prevent the restitution of the territories.

• The national and regional agencies that receive judicial orders do not comply with what is determined by

judges (Verdad Abierta, 2019); land restitution rulings on access and formalization of the land (ANT),

protection of the communities (National Unit for Protection [Nacional de Protección (UNP)]), granting

environmental licenses and mining titles and concessions (National Environmental Licensing Agency

[Autoridad Nacional de Licencias Ambientales (ANLA)]), Agency for Hydrocarbons (Agencia Nacional de

Hidrocarburos [ANH]) and individual and collective reparation (UARIV). These agencies either do not comply

with the provisions of the ruling or take too long to comply because they have no capacity or budget.

• According to data from the Technical Secretariat of the National Commission of Indigenous Territories

(CNTI) in Colombia, these procedures are not carried out in short periods that allow prompt and effective

protection for communities. The situation is complex for ethnic communities that have been object of

restitution, and more serious for those who must wait for three or four years to obtain a firm restitution

ruling. Once they have this, they must again enter the ANT waiting list for formalization, without being sure

of how much longer the administrative process will take.

• The lack of institutional coordination has created inertia and accumulation of unfulfilled commitments and

continued lack of government service provisions related to the land needs of the communities for the

constitution of reservations and collective territories.

• Ambiguity about prior consultation and free and informed prior vonsent of ethnic groups (legally and

culturally) can be an obstacle to projects and activities that might benefit other rural populations.

• Institutional procedures for restitution adjudication, membership claims, credit applications, formulation, and

presentation of productive projects are still very complicated, hampering rural women and youth.

• Public officials’ lack of knowledge and appropriation of legal frameworks for the protection of the rights of

women, youth, and ethnic groups persists as a barrier.

3.3 SECURITY

• Conditions of deteriorating security in rural areas due to the resurgence of residual armed groups, and the

presence of criminal organizations engaged in drug trafficking and illegal mining become a structural barrier

for rural women, youth, communities, and members of ethnic groups, since they limit the possibilities of

action to access land and productive assets.

• Direct threats and murders of land claiming leaders are a structural constraint in many rural areas.

3.4 EMPOWERMENT AND PARTICIPATION

• An obstacle to access land and to the realization of other rights for the rural population is their educational

level,19 represented by the high illiteracy rate of rural women and youth; for ethnic communities, the

education of women and young people has even lower indicators.

• Women’s participation is limited (regional differences). This is primarily due to the household care tasks

they must assume, which is culturally perceived as “normal” and, therefore, in many cases they are not

required to participate in spaces where issues about their property, production, or marketing are discussed.

19 Formal education: elementary 87.05% women, compared to 86.4% men; secondary 59% women, 56.25% men and in the technical or professional 16.25% women, 14, 35% men. In 2018 in Colombia, 9,916,546 students were enrolled in formal education centers, of which 23.7% (2,352,203)

enrolled in rural educational centers, according to data from (DANE, 2019).


• Training on gender approaches carried out by national agencies have been directed almost exclusively to

women. Awareness and training strategies about women's land rights for men in families who are in the

process of land formalizing and restitution are needed.

3.5 FORMULATION AND IMPLEMENTATION OF PRODUCTIVE INITIATIVES

• In programs of different agencies (ANT, URT, ADR) that develop productive projects for vulnerable rural

populations, reference to gender and the care economy is superficially included, or not incorporated at all,

in the principles of action, operational schemes, and guidelines for planning and executing agricultural

productive projects. This limits the possibilities of women's economic empowerment and their active

participation in the process.

• Implementation of productive projects that require the opening of joint bank accounts—property owner

and official of the financial entity—to make disbursements in accordance with the investment plan, mostly

remain in the hands of men, despite having a joint land title. This hinders women’s possibilities of

participation and control in the project economic and administrative decisions.

• Government assistance for productive initiatives focuses almost exclusively on agricultural projects, limiting

the possibilities for rural women and youth with other interests, skills, and abilities (e.g., ecotourism

projects, bird watching, crafts, basic transformation of dairy products, fruits, among others).

• Care economy activities limit direct participation in productive projects constitute an access barrier in the

return of income.

4.0 STRATEGY FRAMEWORK In target municipalities, the Activity’s differential approach will make visible and recognize the specific barriers

and conditions that women, youth, and ethnic communities have for participating in formalization and restitution

processes, as well as for participating in partnerships and productive organizations. As described below, the

Activity will incorporate GESI (related to women, youth and ethnic minorities) in its direct actions and require

adherence in the activities carried out through third parties (operators and partners).

4.1 GENERAL DESIGN FEATURES

Guiding Principle 1: Gender, Ethnic Minorities and Youth Integration throughout the Activity

So that assistance and results achieved benefit the most vulnerable in targeted areas, the Activity must adhere to

GP1. In defining this principle, USAID indicates that women, youth, and ethnic groups are the focus of the

Activity’s GESI strategy. Other types of vulnerabilities such as disabilities and other gender categories (LGBTI)

and the intersectionality among vulnerabilities will warrant attention in some activities and communities.

Approaches include:

• Integrating GESI considerations into core decision-making processes and key products (analyses,

methodological and project reports, policy recommendations);

• Drawing on partner experiences and USAID guidance and training tools, and designing intervention

strategies to differentiate and target beneficiary needs through region- and municipality-specific

understanding of the situations of gender and vulnerable populations in relation to activities;

• Strengthening rights awareness and enforcement to address socio-cultural patterns and biases that

perpetuate inequality—addressing specific needs and opportunities in programmed activities (e.g., strengthen

capacity of ANT) to apply ethnic legal processes and reduce the backlog (1,000 cases as of November 2018)

of ethnic land claims, including within parcel sweep pilots; and expanding the application of alternative

dispute resolution, giving special consideration to the obstacles that women face in obtaining access to

justice and culturally sensitive approaches for handling disputes and conflict within targeted ethnic groups;

• Expanding productive economic opportunity by designing public-private partnerships (PPPs) from the

start with gender, ethnic, and youth lenses to ensure their access to opportunity. Extra consultations will be

necessary when conducting work near or within ethnic territories. When municipalities with indigenous and


ethnic lands are selected (e.g., Tumaco), we will provide training on consultative processes in line with

USAID’s “Draft Policy on Indigenous Peoples’ Issues.” We will analyze generational gaps in value chains,

expand on the type of success illustrated under LRDP e.g., in the Cassava PPP in Sucre, and leave behind

sustainable capacity for inclusive development. An Annual Learning Summit will be shaped as an inclusive

development forum focused on land policy and strategic PPPs); and

• Building capacity of Activity staff, GOC actors, and local organizations to develop and

implement GESI actions by using existing tools and resources (e.g., USAID’s Gender 101 Training and

Intimate Partner Violence and Land Toolkit; Gender Integration approaches and learning from USAID’s

Integrated Land and Resource Governance Project; other related to youth and ethnic group inclusion) to

build capacity.

A few additional tactics will support the application of GP1. First, in implementing the Activity, activities will be

planned consistent with Territorial Economic Development Plans (PDETs) and in coordination with municipal

development plan preparation and other existing plans with stakeholder buy-in. PDETs are grounded in the

Peace Accords, and prepared, with local and diverse stakeholder engagement at a historically unprecedented

level. Women, youth, and ethnic groups were well represented and participated actively. Second, our GESI

experts will promote the effective participation of women, youth, and ethnic communities participating in

activities, such as formalization and value chain partnerships that are included in Activity-supported learning and

training. Third, to ensure that sub-recipients also adhere to this GP, contracts and grants will include GESI

requirements (e.g., relevant expertise, GESI training, and application of differential approaches). Finally, the

Activity recognizes that GESI concerns are relevant across all of other GPs: environmental considerations

especially in relation to ethnic territorial land rights and uses; coordination especially in relation to other donor

projects (see examples below) and to civil society organizations; coordination of high-level dialogue meetings

with GOC for awareness building, budgeting, and programmatic parameters; transfer of knowledge, skills, and

abilities to adopt existing best practices and provide thought leadership to fill gaps; citizen security to ensure

rights and safety given differential situations; and policy reforms including local decrees and administrative

process reforms that improve access and reach.

Component 1: Advance massive land titling in rural areas along with continued restitution support

[Mass Formalization]. Component 1 comprises five activities: C1.1 Undertake Participatory Rural Land Use

Management Plans (Planes de Ordenamiento Social de la Propiedad Rural [POSPR]), assessments, and planning; C1.2

Implement formalization pilots; C1.3 Facilitate private sector involvement; C1.4 Promote inclusion, awareness,

empowerment; and C1.5 Adapt pilot approaches for crop substitution and other context features. Activity C1.4

assures that all Component 1 activities promote equality and are inclusive. Under C1.4, Tetra Tech will

undertake consultations and studies that assess issues, needs, and pathways to improve inclusion in formalization

processes and to operationalize “do no harm” in the context of these processes. We will evaluate constraints

affecting land access and service delivery and consider how other land programs have succeeded or failed in

addressing these. Counterparts and partners will benefit from the insights gained and strategies used under the

Activity. Activity fichas will require identification of opportunities, risks, and mitigating measures in relation to

women, youth, and ethnic groups. The Activity GP experts for GESI and policy reform will help modify

procedures and advocate for inclusion. The regional offices will promote associations and social networks. We

will emphasize raising awareness of the officials of the entities and in the municipalities about the importance of

recognizing the rights of women, youth, and ethnic groups in mass formalization and access to land

administration services. In the communities, we will create awareness using radio, theatre, posters, and simple

guides and consider behavior change communication tools to promote positive norms. We will apply a GESI lens

in the training of all Activity staff and operators, and will specifically provide training on USAID policies,

resources, and good practices including those related to intimate partner violence.

Component 2: Strengthen local capacity to maintain formalized land transactions [Local Land

Governance]. Component 2 comprises two activities: C2.1 Design and implement land information

management strategies; and C2.2 Expand local capacity. One simple lesson learned from other land projects is

that women can be excluded if digital (or paper) data entry forms only include a space for one rights holder. The


Activity requires that information systems are accessible, requiring understanding gender-based differences in

access to and understanding of technologies (e.g., mobile devices, internet-based platforms, or computer kiosks)

and digital literacy. Strengthening local capacity means improving commitment and ability to sustain land

formality. Municipal land offices will be established and sustainability plans adopted. Within these plans, an

approach to monitor GESI issues will be identified to minimize the risks of reversion to informality, especially for

vulnerable groups, avoiding a return to the cycle of impoverishment of women in formalization and restitution

processes. Capacity development under this component includes helping relevant municipal actors understand

how to support formalization of ethnic territories and related disputes.

Component 3: Strengthen land governance and economic development through strategic public-private

partnerships [PPPs]. Component 3 comprises activities: C3.1 Mobilize public resources; C3.2 Build local

capacity to plan and execute public resources; C3.3 Establish value chain partnerships; C3.4 Promote inclusion

and empowerment. Activity C3.4 assures that all of Component 3 activities promote equality and are inclusive.

Tetra Tech will foster an ambiance and create spaces favorable to recognizing diversity and dialogues among

communities; women, youth, and ethnic groups; local institutions; and the private sector. These spaces will

foster a respectful and harmonious relationship for creating potential profitable, sustainable, and strategic

alliances that, at the same time, are protective in environmental and cultures. To include ethnic groups in PPPs,

the approach should make practical sense to enhancing well-being or good living in the territories—indigenous

reservations and African-Colombian groups—as a contribution to the development of their life plans. Action

research will help understand constraints and solutions to accessing local public goods and services by women,

youth, and ethnic groups. Communications and training directed to municipal government staff will include

content on inclusion and empowerment and will make visible activities carried out by women and young

entrepreneurs both locally and outside of their territories We will identify a local academic partner to distill and

share lessons, improve targeting of PPPs, and identify local mechanisms to review plans with vulnerable group

members in leading roles. Women will be equipped with tools to build self-confidence and skills that improve

their eligibility for decision-making positions via workshops and trainings. For youth, we will engage the National

Learning Agency (SENA) and other vocational training providers to provide agro-industrial training centered on

youth access to opportunities. We will explore value chain opportunities that include ethnic communities, are

environmentally and culturally sensitive, and are informed by MADR’s Unit for Rural and Agricultural Planning

(Unidad de Planificación Rural Agropecuaria) information on regional land uses.

GESI the in the Activity Monitoring, Evaluation, and Learning (AMEL) Plan. The Activity monitoring

indicators with relevant units of measure will be disaggregated by sex, age, and ethnicity as required. One

overarching gender indictor is included: Percentage of female participants in USG-assisted programs designed to

increase access to productive economic resources (GNDR-2, outcome; age, ethnicity). This indicator’s

disaggregates reflect intersectionality of the types of vulnerability that matter to the Activity. In addition, in line

with the 2019 USAID/Colombia Gender Analysis (Schreuel, Rodriguez, Gomez, and Kolundzija, 2019), in further

developing the Activity GESI strategy, we will explore storytelling indicators/data to illustrate how the Activity

contributes to reduction in gender gaps and changes in cultural beliefs and stereotypes. The AMEL Plan includes

learning, which will explore gender-differentiated impacts of the Activity on beneficiaries and support effective

approaches to inclusion (see below). Approaches to data collection will be gender aware.

GESI in the Activity Collaborating, Learning and Adapting Plan. Many of the CLA activities offer spaces for

expanding efforts and understandings related to GESI. USAID stresses collaboration across its projects. Two

examples relevant to GESI, identified so far, are the Victims Institutional Strengthening Program in Tumaco with

potential for co-implementation of restitution, ethnic victims support, gender-based violence, and public policy

and program support for land access and use for conflict affected persons; and USAID’s Community

Development and Licit Opportunities Activity (CDLO) in Tumaco, Catatumbo, and Bajo Cauca where we can

learn from CDLO’s gender and vulnerable population analyses and approaches. In the Activity CLA plan,

learning questions include those that will need to be explored in a manner that looks for differences for

women, youth, and ethnic groups; for example, “Is the Activity on track to sustainably improve livelihoods

through formalization linked to licit economic opportunity and contribute to citizen security and regional


stability?” It also includes several questions that directly inquire about how the project can succeed in its quest

for GESI. Some examples are: “Are there barriers that limit rural women, youth, and ethnic group participation

in and gains from PPPs? and “What practices are effective for integrating youth in formalization pilots?” and

“What are best practices in Colombia to advance formalization and conflict resolution related to ethnic

territories and other areas with restrictions in application of the parcel sweep methods?” The information and

insights gained through collaborating and learning and from monitoring indicators will be actively used as the

Activity embraces adapting its methods and implementation plans in the normal course of management –

including evolving the design features and activities planned in this GESI strategy as might be warranted.

Integrating GESI in Communications and Outreach. Under the Activity, the concept of differential

approaches will be applied to communications and outreach to ensure historically underserved and/or

marginalized communities receive the information and tools they need to realize their land rights legally and in

practice. Communications analysis (in the form of a desk review along with key informant interviews at the

community level) will identify community influencers/social champions as well as the best channels, materials,

and key messages to use to reach vulnerable groups. High-level dialogues and broad messaging to reach

counterparts and partners will encourage gender, ethnic, and youth integration in policy and program design,

implementation, monitoring and evaluation, and reporting; and illustrate how administrative, legal, and

enforcement constraints prevent groups from exercising their land rights and accessing opportunities in practice.

GESI and Deliverables. In addition to implications of GP1 across activities and thus across deliverables, the

Activity contract is atypical, and includes several deliverables (see text box below) that explicitly define certain

GESI requirements. In each annual work plan, milestones toward these deliverables as well as the verification

methods and quality standard for these and other deliverables will be defined. These will be achieved either

through GESI integration in component activities and sub-activities, or by stand-alone GESI actions/measures.

4.2 GESI IN YEAR 1 CROSSCUTTING AND COMPONENT SUB-ACTIVITIES

Tetra Tech’s team will set the right precedent in actively applying GP 1 through the services of GESI experts

within the team; through training on applicable USAID policies, approaches, and tools (e.g., for gender, women’s

empowerment, indigenous peoples, and inclusive development); through reflection of the GP in all activity fichas

and subcontract scopes of work. In Year 1, in addition to carrying out the next steps listed in Section 6 to

finalize a GESI strategy for the Activity, Tetra Tech will take needed actions to assure activities that begin prior

to the GESI strategy finalization are gender responsive and inclusive of women, youth, and ethnic groups. Table

1 highlights sub-activities proposed in the Year 1 Annual Work Plan that present critical early opportunities and

needs to integrate gender, youth, and ethnic groups into methods and implementation plans.

Table 1: Year 1 GESI Measures and Integration Opportunities

Sub-Activity Q1 Q2 Q3 Q4 Geography Crosscutting

Collect baseline information including detailed gender and social inclusion data

in selected municipalities

S. Tolima, Catatumbo, Tumaco

and Montes de Maria

EXPLICIT GESI DELIVERABLES

D16: Women made visible when exerting rights to land, mostly those requesting land titles as part of a household than as heads of

households

D17 & D49: Promotion of women-, ethnic-, and youth-led organizations and initiatives fostered

D18,D35 & D50: Training and resources on USAID requirements for land strengthening for gender, ethnic, youth, and other

populations in conditions of vulnerability integration including skills in gender, ethnic, and youth analysis; how to develop sensitive

indicators; and examples of innovative opportunities to reduce gaps in gender, ethnic, and youth equitable results, including use of

science and technology approaches and partnerships supported

D23: Promotion of increased women, ethnic, and youth, and populations in conditions of vulnerability led organizations participation

fostered in private sector formalization initiatives

D49: Incorporation of tailored socioeconomic opportunities for youth in public-private partnerships

D57: Provision of guidance, tools, training, resources, and definite roles and responsibilities for gender, ethnic, youth, and other

populations with conditions of vulnerability integration in program planning, design, implementation, monitoring, evaluation, and

reporting


Sub-Activity Q1 Q2 Q3 Q4 Geography

Support departmental and municipal development plans S. Tolima, Catatumbo, Tumaco,

Montes de Maria

Capacity development and organizational strengthening (formalization,

productive activities, public administration, Activity technologies and methods)

Selected municipalities and

departments

Hold Annual Learning Summit National

Establish office and regional presence (staffing) All regions

Produce and Publish Gender and Social Inclusion Strategy National and all regions

Component 1 Actions

Agree with GOC on key elements of parcel sweep pilots including adaptations

for illicit crop areas and other context variables National

Perform preparatory tasks for formalization pilots (data and information

gathering, MASC approaches determined, etc.) S. Tolima, Montes de Maria

Formulate and implement POSPR with a clear strategy for community

participation

S. Tolima, Catatumbo, Tumaco,

Montes de Maria

Establish organizational capacity development plans for sub-recipients

(operators for formalization pilots – their human resource policies) National

Evaluate constraints/obstacles faced by women, girls, and teenagers in accessing

land and land related services; support defined for the adjustment of

administrative and legal procedures based on lessons learned

National and all regions

Evaluate the experiences of land programs to identify constraints faced by

women in accessing land-related services, and review solutions tried National

Analyze formalization in hydrocarbon and environmentally restricted areas National

Update LRDP Environmental Best Practices for Formalization including

considerations related to Ethnic territories National

Component 2 Actions

Tailor innovative land information systems and field data collection tools National

Provide technical assistance and training to support local capacity to resolve

tenure and land administration challenges

S. Tolima, Montes de Maria,

Meta, Tumaco

Assess restrictions affecting land access and service delivery and work with

GOC partners to modify procedures and advocate for inclusion and

participatory governance

Component 3 Actions

Analyze requirements for plans, studies and designs for rural public goods S. Tolima, Montes de Maria,

Meta, Tumaco

Strengthen knowledge and tools for regional and local public administration in

rural development

S. Tolima, Catatumbo,

Tumaco, Montes de Maria

Update LRDP PPP Guidance to improve content on gender, youth and ethnic

issues National

5.0 OTHER CONSIDERATIONS 5.1 STAFFING AND MANAGEMENT APPROACH

Staffing Considerations. Tetra Tech is committed to attracting and retaining employees from diverse

backgrounds and fostering an inclusive, supportive environment, a commitment that is illustrated in the

recruitment and selection practices employed by the projects implemented by Tetra Tech worldwide. In our

Land for Prosperity Activity, we will engender diverse recruitment by advertising employment vacancies and

consulting opportunities through local media outlets such as national and regional specific newspapers,

professional online networks that reach over 1,250 contacts directly, and universities who have access to other

underrepresented groups. As an organization, Tetra Tech ensures that the hiring policies not only attract but

are also suited to accommodate a broad range of candidates through educational equivalents for technical,

professional and graduate degrees and other initiatives codified in the Tetra Tech Diversity and Inclusion

Policy. Once hired, employees are eligible to apply for merit-based scholarships to further develop the skills

needed for the positions they are filling. We will evaluate the possibility to have an internship program for youth

(including men, women and ethnic minorities) in our regional offices and those of our sub-contractors.


Our plan is for the Bogota office staff to include a gender and vulnerable populations expert, who is responsible

for implementation of our GESI strategy, supported by a gender and vulnerable populations specialist under the

leadership of our Deputy Chief of Party - Technical and in collaboration with component leaders. Her role is to

provide technical and strategic advisement to Activity staff in their efforts to implement activities and to directly

manage cross-cutting activities related to GESI. Each regional office will have a local gender and vulnerable

populations specialist too.

The Ficha Process and Accountability for GESI. To finalize activity designs and implementation plans, Tetra

Tech uses the Activity Worksheet (ficha) Approval Process for crosscutting inputs and shared management

decisions. Under LRDP, this workflow proved efficient and transparent for implementation. It is a vital tool to

ensure GESI experts have an active voice in decisions about activity designs and implementation plans.

Subcontractors/Sub-recipients and GESI. Tetra Tech has identified experienced prospective Activity partners

it will engage, in coordination with USAID, that have specific GESI expertise related to gender, youth, and ethnic

groups to implement or support the implementation of sub-activities, and we may recruit additional specialized

local organizations as needed. In additions, Tetra Tech will assure that women, youth, and ethnic group lead or

focused organizations will be among the organizations selected for organizational capacity development as sub-

recipients who will be better equipped to directly implement land and rural development activities,

5.2 KEY STAKEHOLDERS

The Activity Annual Work Plan identifies main counterparts and key actors at the national and regional levels.

The continued GESI analysis will need to identify the appropriate units or positions within counterpart agencies

and how the various actors are relevant (in positive or negative ways) to the GESI agenda. For this initial

strategy, key actors are those whose purpose and skill sets are directly relevant as prospective partners who

might have roles in implementation of activities, who can collaborate for sharing information and insights, and

who can support and benefit from Activity learning activities. These organizations are listed in Annex B.

5.3 RISKS, ASSUMPTIONS, AND MITIGATING MEARSURES

The Activity Annual Work Plan for Year 1 identifies risks and assumptions related to the TOC and related logic

model. That only lists one risk and one assumption that explicitly relate to GESI: a) Risk: cultural barriers to

access to land and productive assets for women, youth, and ethnic groups are beyond the scope of the Activity’s

potential to change; and b) Assumption: formalization of women’s land rights is guaranteed by the National Land

Agency (ANT) and by municipal mayors. During Year 1 as part of the GESI assessment and strategy finalization,

these risks and assumptions will be examined to see how each might affect the ability to effectively implement

the GESI Strategy. Also, in the Activity Annual Work Plan for Year 1 is a table of risks related to implementation

of activities in the regions. These do not explicitly refer to women, youth, or ethnic groups, and will be

examined to assess differential implications and differential needs for the associated mitigating measures defined

in the work plan. Some other initial thoughts about risks, assumptions, and mitigating measures related to the

success of the GESI Strategy follow. First, there is risk that component activity implementation timelines do not

adequately account for GESI actions, or that timeline pressures lead to limited adherence in practice to the

actions related to the GP. The required GESI expert input to and review of the activity fichas is one mitigating

measure and the inclusion of GESI content in milestones, verification methods, and quality standards is another.

Second, there is an assumption that sufficient secondary information is available about the regions that

supplemental focus group meetings and content within the Activity baseline data collection will enable sufficient

detection of vulnerabilities, constraints, and options to address these. Collaborating with other USAID projects

with prior experiences in the Activity regions, tapping into LRDP products and data, and collaborating with local

universities and partners is a strong mitigating measure for this. Other risks, assumptions, and mitigating

measures need to be defined as this initial strategy is further developed, vetted, and finalized.

6.0 GESI ROADMAP AND NEXT STEPS


This document is an initial GESI Strategy and it will be further developed through Year 1. It includes a national

overview of the situations of vulnerability for women, youth, and ethnic minorities; a description of barriers to

their inclusion in land and rural development; a framework for Activity implementation based on a preliminary

assessment of the implications of the analysis for the methodologies and implementation plans; and a description

of the actions that will be taken in Year 1. Below is a list of next steps to produce a more detailed GESI analysis

and assessment by region and translate it into a refined and complete Activity GESI Strategy. The Annual Work

Plan and AMEL, CLA, and Communications and Outreach Plans will be informed by and respond to the Activity

GESI Strategy for Years 2 – 5 of the Activity.

• Inform baseline data collection plans for robust data on gender, youth, and ethnic issues.

• In regions, identify the situations of women, youth, and ethnic communities, gender and social power

dynamics, and priorities of vulnerable people in terms of access to and control of land resources, and

production and income; obtain regional information for all Activity regions using secondary sources, key

informant interviews, focus groups, and review of local planning tools (e.g., POSPR, PDETs, local

development plans).

• Use data regional and municipal baseline information to deepen the preliminary and national analysis.

• Review GESI good practices for operators implementing formalization pilots tested under LRDP, accounting

for differences in gender, youth, and ethnic group challenges; determine how to adapt these.

• In target municipalities with other USAID programs, explore coordination and collaboration possibilities.

• Meet MADR, ANT, ART, URT, Public Prosecutor's Office (Defender and Prosecutor's Office) and other

sectoral agencies to discuss strategic issues and explore their positions, scopes, and needs on restitution of

ethnic communities in select municipalities and inclusion of gender, youth, and ethnic minority data in their

monitoring systems (e.g., sex disaggregates in IGAC cadastral information).

• Based on the above, update the GESI Strategy and Preliminary Analysis and adapt the strategy for regional

differences.

• Produce and publish final Activity Gender and Social Inclusion Strategy, highlighting best practices and

learning about new issues such as youth in the context of massive formalization.


BIBLIOGRAPHY

1. Cediel Becerra N y Morales P. Equidad de género en la tenencia y control de la tierra en Colombia:

llamado a una acción emancipatoria. Rev Med Vet. 2018;(37): 7-12. doi:

https://doi.org/10.19052/mv.vol1.iss37.1 Departamento Nacional de Estadística DANE (2014). Censo

Nacional Agropecuario CNA, Bogotá, en: https://www.dane.gov.co//foro/resultados

2. Departamento Nacional de Planeación, DNP (2014), CONPES, Lineamientos para la generación de

oportunidades para los jóvenes, Bogotá: DNP.

3. DANE. (2016). Estadisticas nacionales de población, Bogotá, 2016, disponible en:

https://www.dane.gov.co

Departamento Nacional de Estadística (DANE). Censo Nacional de Población (2005), en:


4. DANE. (2019). Censo Nacional de Población y Vivienda CNPV 2018, Bogotá, 2019 en :


5. Food and Agriculture Organization of the United Nations (FAO). (2010). Género y Derechos sobre la

Tierra, en: http://www.fao.org/economic/es-policybriefs/briefs-detail/en/?no_cache=1

6. Guerrero and Gonzales (2017). Las Juventudes Rurales: una decision crucial en la construcción de la paz.

Rev cien dias, CINEP -Programa por la Paz, 2018; 39-43 en: https://www.cinep.org.co/publicaciones/es/

7. International Land Coalition (FIDA). (2014).

8. Pardo R (2017). “Diagnóstico de la juventud rural en Colombia. Grupos de Diálogo Rural, una estrategia

de incidencia”. Serie documento Nº227. Grupo de Trabajo Inclusión Social y Desarrollo. Programa

Jóvenes Rurales, Territorios y Oportunidades: Una estrategia de diálogos de políticas. Rimisp, Santiago,

Chile.

9. Procasur-International Land Coalition-FIDA. (2014). Acceso a tierra y estrategias de vida de los jóvenes

rurales. Estudio comparativo. Recuperado de http://www.

landcoalition.org/sites/default/files/documents/resources/general_v11.pdf

10. Rodríguez Eva María 2019, Mujeres Campesinas Sin Tierra el Rostro de la Pobreza y Exclusión, artículo

en proceso de publicación, 2019. Bogotá

11. Schreuel, I., Rodriguez, E.M., Gomez, E., and Kolundzija, A. (2019). USAID/Colombia Gender Analysis and

Assessment Final Report. Prepared by Banyan Global, April 2019.

12. UNFPA (Fondo de Población de las Naciones Unidas). (9 de octubre de 2015). UNFP firma su VI programa

de cooperación con Colombia [Boletín de prensa]. ONU, misión de la ONU en Colombia. Recuperado de

http://nacionesunidas.org.co/ blog/2015/10/09/unfpa-firma-su-vi-pr

13. Verdad Abierta (2019). Informe presentado a la Comisión Interamericana de Derechos Humanos -

Radiografías de la Restitución en Colombia mayo de 2019, Comisión Colombiana de Juristas CCJ, Bogotá,

2019.

14. Unidad Administrativa Especial de Gestión de Restitución de Tierras Abandonadas y Despojadas -URT-

https://www.restituciondetierras.gov.co.

https://doi.org/10.19052/mv.vol1.iss37.1

https://www.dane.gov.co/foro/resultados

https://www.dane.gov.co/foro/resultados

https://www.dane.gov.co/



http://www.fao.org/economic/es-policybriefs/briefs-detail/en/?no_cache=1

https://www.cinep.org.co/publicaciones/es/

http://www/

http://nacionesunidas.org.co/

https://www.restituciondetierras.gov.co/


ANNEX A: NORMATIVE FRAMEWORKS PROMOTING

EQUALITY AND INCLUSION RELATED TO ACTIVITY

COMPONENTS Table A1: Normative Frameworks related to Gender

Normative

Framework Focus Key Features

International Norms

Sustainable

Development

Goals (SDGs)

17 globally agreed goals aimed at

reducing global poverty and

sustainably improving the quality

of life for future generations.

• The SDGs related to ending poverty, hunger, and promoting gender

equality include targets and indicators on land rights and closing the

gender gap

United Nations

Security Council

Resolution A60/1 -

2015

Reaffirmation of will to

fulfillment of the objectives and

actions to eradicate poverty.

• Promote gender equality and remove barriers.

• Ensure right to equality to own and inherit property secure possession

of goods and housing by women – security of tenure.

• Ensure women's equal access to productive goods and resources, land,

credit, and technology; Eliminates discrimination and violence against

women and ends impunity and ensures protection, in particular for

women and girls, in armed conflict –norms related to international

human rights and humanitarian rights.

• Promote greater participation of women in government decision-

making bodies.

The Statute of the

International

Criminal Court or

Rome Statute.

Approved by Law

742 of 2002

International cooperation

measures to reduce impunity for

crimes of international

significance.

• It highlights the importance of gender equality and women's political,

social, and economic empowerment in efforts to prevent sexual

violence in armed conflict and post-conflict situations.

• It protects the restoration of the rights of victims of war crimes and

against humanity, such as rape, sexual slavery, forced prostitution,

forced pregnancy, forced sterilization or other sexual abuse of

comparable severity.

The Inter-

American

Convention to

Prevent, Punish,

and Eradicate

Violence against

Women (Belém

Do Pará) 1994,

adopted by Law

248 of 1995

This convention mandates

measures to eliminate violence

against women.

• It defines violence against women and establishes the right to have a

life free from violence and establishes mechanisms for their

protection and defense.

• It recognizes the historically unequal power relations between men

and women and censors their manifestation in the different forms of

heritage violence.

• It recognizes and condemns the different types of violence, and warns

States’ parties that specific measures must be taken progressively,

including programs on topics such as:

• It calls for training public administration personnel responsible for

implementation of policies to prevent, sanction, and eliminate violence

against women.

• It provides women with effective rehabilitation and training programs

that allow participation in public, private, and social aspects of life.

• Ensures research and collection of statistics and other relevant

information on the causes, consequences, and frequency of violence

against women.

The Convention

on the Elimination

of All Forms of

Discrimination

against Women

(CEDAW) 1979,

adopted by Law

51/1981

States’ parties apply the

necessary principles and

measures to eliminate all forms

of discrimination against women.

• It commits all State parties to eliminate all forms of discrimination

against women. It forces states to take action to promote equality,

and emphasized the living conditions of rural women in the face of

the important role they play in their family's economic survival,

including their activities related to care economy.

• Regarding cultural practices, Article 5 declares that States will take

measures to encourage the modification of socio-cultural patterns of

conduct to eliminate stereotyped prejudices and practices between

men and women.


Normative

Framework Focus Key Features

• Regarding economic rights, the Convention states in article 16, the

equal rights and obligations of women and men with regard to

personal rights and possession of property.

Colombian National Norms

Law 955/18 Adoption of the National

Development Plan 2018 - 2022 • Sets objectives and targets for land titling, access to rural credit and

technical assistance for women.

Peace Accord

between the GOC

and the FARC End

the Conflict and

for the

Construction of a

Stable and Lasting

Peace

Includes a gender chapter and

the application of differential

treatment consideration and

measures across all areas.

• Addresses all rural and regional agencies as well as peasant, ethnic

and social organizations

• Incorporates affirmative guarantees to recognize the victimization of

women as a result of the conflict.

902/17

Facilitate the implementation of

comprehensive rural reforms

called for in the Peace Accord,

including land rights and access.

• Articles 9, 23 and 25 lay out the provisions and mechanisms for land

access and formalization processes for rural land; stating that care

economy activities will be considered as positive facts to define

occupation and possession, and also in the formulation of productive

projects in land access programs.

• Reiterates that adjudication of “vacant” land (baldios) to natural

persons shall be under joint titling of spouses/partners and in the

name of a single women if she is a head of household.

• Recognizes populations with particular characteristics due to age,

gender, race, ethnicity, sexual orientation and disability status.

Decree 2369/15 Creation of the Rural Women’s

Directorate in MARD

• Seeks to provide the necessary inputs to develop policies and

differential instruments that improve the living conditions of women

living in rural areas.

Law 1448/11 Law

on Victims and

Land Restitution

Care, assistance, comprehensive

reparation and restitution for

victims of the armed conflict

• Provides that a spouse or partner or permanent companion who was

living with the victim at the time of events of threats leading to

dispossession or forced abandonment have rights in land.

Rural Women’s

Law 731/02

Standards to improve the quality

of life of rural women

• Prioritizes low-income women and enshrines specific measures aimed

at reversing inequity between rural men and women.

• Establishes equitable participation of rural women in the processes

for adjudication and use of agrarian reform lands; with the intent to

have a positive impact on decision-making.

• Provides that women headed households and those without social

and economic protection have preferential treatment

• Governs titling of land to community enterprises or women’s

associations/groups.

Law 160/94

Establishes the National

Agrarian Reform System and

Peasant Rural Development

• Landless or land-poor men and women may benefit from agricultural

reform programs, e.g., land access subsidies (must be given joint

titles, where relevant) and set the standard of the Family Agricultural

Unit as the minimum viable plot size for livelihood sustainment.

• Prioritizes attention to peasant women heads of household in

precarious and violent situations.

• Guarantees conditions and opportunities for equitable participation

of peasant and indigenous women in agricultural development plans,

programs and projects.

Ley 30/88

Amend laws 135/61, 1a/68, and

4/1973 and grants powers to the

President of the Country.

• Provides that all persons who are heads of household over the age of

16 shall be eligible for individually or jointly titled vacant land,


Table A2: Normative Framework for Youth Inclusion Normative Framework Focus Key Features

Decree 1784/19

Coordinate the Youth Policy from the

Administrative Department of the

Presidency of the Republic

• It creates a youth portal that includes information on

the supply and demand of services to guarantee the

rights expressed in the Youth Citizenship Statute.

• Design, implementation, monitoring and evaluation of

public policies that promote opportunities for youth

and the removal of barriers to their development,

under the parameters of legality, entrepreneurship,

and equity.

Law 1885/18

National and territorial inclusion in

development plans, youth programs and

projects

• Incorporation of spaces for engagement that

integrate diverse processes and organizational

practices of young people in the territory, and that

develop thematic actions of articulation and collective

work with other actors.

Directive 003/17 Directorate of the National Youth

System "Colombia Joven"

• Incorporation of youth platforms.

• Strengthening of citizen participation, through

strategies at the central and regional level where

youth participation is essential.

Resolution 400 /17

Creation of the Monitoring Committee

for the Statute of Juvenile Citizenship

(Act 1622 of 2013)

• Strengthening citizen participation of young people in

all regions of the country, including short, medium

and long-term actions.

• Recognizing youth rights and creating the Monitoring

Committee for the Statute of Youth Citizenship.

CONPES 173/14 Guidelines for the generation of

opportunities for young people

• Implementation of strategies to ensure the insertion

of young people into the world of work and

production in conditions of quality, stability, and

protection.

Law 1622/13

Establishes measures to prevent, protect,

promote, and guarantee the rights of

young people

• Creates an Action plan of the National Youth Council for the protections and guarantees

established in this law.

• Supports public policies aimed at young people that

are necessary to strengthen the capacities and

conditions of equality that facilitate participation and

impact in the social, economic, cultural, and

democratic life of the country.

• Promotes youth organization

• Generates categories of differential analyses in

security and crime observatories, which account for

the practices of human rights violations against young

people, and proposes to the Ombudsman's Office,

within the Early Warning System.

Decree 4290/ 05 and Law

1505/12

Encourages the development of

volunteering

Creation of the National Sub-System of

Youth Volunteers

• Incorporation or strengthening of elite or advanced

youth groups, made up of those operational

volunteers with immediate intervention capacity in an

emergency or disaster.

Law 1429/10

Creation and promotion of employment

and promotion through incentives to

create a company.

• Creation of the Colombian Rural Registry, which will

aim to maintain the control and information of

companies, acts and contracts related to agricultural

and agro-industrial activities.

Law 1014/06

Formula 10 basic objectives establishes

the promotion of young entrepreneurs

and their organizations in Colombia.

• Promotes integral development of civic, social, and

productive skills; improves skills based on

entrepreneurship and income generation and fosters

cooperation and savings.

• Creates incentives to stimulate access to SENA

occupational training programs and Ministry of

Commerce's Colombia entrepreneurship program.

Law 375 OF 1997 First Law for Youth • Establishes the institutional framework and guide

policies, plans, and programs by the State and civil

society for youth. Its purpose is to promote the


Normative Framework Focus Key Features

integral formation of the young person that

contributes to his physical, psychological, social, and

spiritual development and his active participation in

the social, economic, and political as a young citizen.

Table A3: Normative framework for ethnic territories


Decree 1071/15

Modifies the common (unique)

regulatory decree for the administrative

agencies related to Agricultural,

Fisheries and Rural Development

• Part 13, Title 7, Chapters 1 to 5, provide for access

to and titling of lands to indigenous communities for

the constitution, restructuring, expansion and

clarification of indigenous lands in the national

territory.

Decreto 1066 del 26 de

mayo de 2015

Regulates the creation of associations

of indigenous and traditional leaders

and authorities and defines the

functions that they are allowed to

undertake. (previously Decree

1088/93)

• Composition and Functions of the National

Commission of Indigenous Territories

• Conciliation with Indigenous Peoples and

Organizations

• Regulates prior consultation of indigenous and Afro-

descendant communities for the exploitation of

natural resources within their territory (Decree 1320

of 1998

Decree 2333/14

Mechanisms for the protection and legal

security of lands and territories

occupied or ancestrally owned by

Indigenous Peoples

• The State recognizes, respects, protects, and

guarantees the importance the cultures and spiritual

values of indigenous peoples is related to its lands or

territories, or with both, which they occupy or

otherwise use, in particular its collective aspects.

Decree 1953/14 Special regimen for operation of the

Indigenous Territories

• Transitional Indigenous Territorial Agencies until the

Organic Law on Territorial Order (CP 329) is issued,

assigns functions and resources that must be managed

by the indigenous authorities.

Law 1530/12

General Royalty System distributes,

under specific conditions, part of the

income from the exploitation of non-

renewable resources – Oil and Gas

• Ethnic groups are beneficiaries of royalty resources.

Decree – Law: 4633 and

4635/11

Measures to assist, care, comprehensive

reparation and the restitution of

territorial rights to belonging victims to

indigenous peoples and Afro-

Colombian communities

• The country's ethnic groups have the right to the protection, comprehensive care, and restitution of

their territorial rights, violated as a result of the

armed conflict and its underlying and related factors.

• Consequently, to ensure that indigenous peoples can

take control of their own institutions, forms of life,

and economic development and effectively enjoy their

human and fundamental rights, in particular truth,

justice, reparation, and guarantees of non-repetition.

Law 1381/10

Provides for recognition, promotion,

protection, use, preservation and

strengthening of the languages of

Colombia's ethnic groups, as well as the

linguistic rights of ethnic groups and

native language speakers.

• Inclusion of programs and resources will be allocated

for the protection and strengthening of native

languages.

• Incorporation of all native languages existing in the

country, from the validity of this law, to the

Representative List of Manifestations of Intangible

Cultural Heritage.

Decree 1745/1995 Regulating Chapter III of Law 70 of

1993

• The procedure for the recognition of the right to

collective ownership of the "Lands of the Black

Communities" is adopted.

United Nations

Declaration of the Rights

of Indigenous Peoples

(2007). Items 3, 5, 18, 19,

20 and 26.

Advance towards the recognition, promotion and protection of the rights

and freedoms of indigenous peoples and

in the development of relevant activities

• This instrument states in its preamble that

"indigenous peoples are equal to all other peoples

and at the same time recognize the right of all

peoples to be different, to consider themselves

different and to be respected as such."



of the United Nations system in this

area • It captures, under a language of human rights, the

essence of differential approaches.

• It explicitly recognizes the right to self-determination,

the preservation and strengthening of political

institutions themselves, and participation in the

political life of the State and in any procedure that

leads decision making that affects their rights.

• It reaffirms the right to consultation and cooperation

in good faith by States to obtain their prior, free and

informed consent, and the right to lands and

territories, among others.

• This Declaration was partially received by Colombia.

Convention 169 on

Indigenous and Tribal

Peoples in Independent

Countries (1989, in

Colombia, by Law 21 of

1991).

Indispensable interpretative source of

the rights of ethnic groups and in

particular indigenous peoples

• Recognition and protection of the social, cultural,

religious, and spiritual values and practices of these

peoples and due consideration should be given to the

nature of the problems that arise both collectively

and individually.

• Respect for the integrity of the values, practices, and

institutions of these peoples


ANNEX B: NATIONAL-LEVEL KEY ACTORS LIST Table B1: Key National Actors in relation to GESI

Organization Nature/Roles

Women’s organizations

Asociación Nacional de Mujeres Campesinas, Negras e

Indígenas de Colombia (ANMUCIC)

It supports rural women with social and economic needs. This is a type

of union with a gender and ethnic focus that works in 13 departments.

Corporación SISMA MUJER It consolidates the women's movement as an influential political player in

policy design to reduce discrimination.

Red Nacional de Mujeres It brings together women's organizations and is part of the UN Women's

advisory organizations.

Casa de la Mujer A feminist organization – focuses its action on prevention and legal,

social and technical action against gender and intra-family violence.

Ruta Pacífica de las Mujeres Social movement, with 21 years of experience in peace work, supports

women victims in reparation processes.

Colectivo de Pensamiento y Acción Mujeres Paz y

Seguridad (Coalición Colombia)

A group of 100 women from multiple sectors - combatants, military,

human rights defenders, religious faiths, young people, academics,

journalists, afro-descendants, victims of conflict, indigenous, feminists and

entrepreneurs - working for the construction of an Ethical Pact,

committed to the reflection and joint construction of consensus,

Corporación de Investigación y Acción Social y Económica

(CIASE)

Mixed feminist organization, which promotes the permanent

enforceability and comprehensive realization of economic, social,

cultural, and environmental rights.

Liga Internacional de Mujeres por la Paz y la Libertad

(LIMPAL)

A national subsidiary of Women's International League for Peace and

Freedom (WILPF International), the oldest women's pacifist organization

in the world.

Consejo Nacional de Mujeres Indígenas de Colombia

(CONAMIC)

Part of the Piemsikupanayaf network for the exchange of common

knowledge and visions of indigenous women of Pastos, Nasa, Misak,

Yanacona, Emberá, Sikuani, Iku, Pijao, Yeral and Wayú peoples

Asociación de Mujeres Afrocolombianas (AMUAFROC)

It promotes the human rights of black communities from a gender

perspective, through training, research, communication, and advocacy in

public policies at local, district, national, and international levels.

Youth organizations

Red Nacional de Jóvenes Rurales (Somos Más)

It promotes participation, exchange of experiences and the generation of

knowledge among rural youth through virtual platforms to disseminate

information, network and problem-solving.

Red Nacional de Jóvenes Rurales de Colombia

(PROCASUR)

Has objectives of political advocacy and dialogue included in the design of

the Entrepreneurial Rural Youth Program.

Ethnic organizations

Organización nacional indígena de Colombia (ONIC)

A National Indigenous Government Authority bringing together 47

organizations in 5 macro-regions. Supports, advises, and accompanies

indigenous peoples in: health; education; culture; territories, rights and

legal management. It is a partner of the GOC on peace issues.

Consejo Nacional de Paz Afrocolombiano (CONPA)

Coordination of actions between organizational processes from an Afro-

Colombian ethnic perspective to the construction of collective proposals

to consolidate the provisions of the peace agreement in the territories.

Proceso de Comunidades Negras (PCN)

Organizational dynamics of 140 organizations -Community Councils -

analysis, documentation and management of networking and advocacy

for the resolution of the problems of the Afro-descendant population in

the country defending their individual rights, collective and ancestral.

Asociación de Afrocolombianos Desplazados (AFRODES)

Created to work for the displaced Afro-descendant population; Today, it

is a partner in issues of cultural identity, and peacebuilding in collective

territories, accompanies, advises, trains, and manages the defense of the

rights of people of African descent.

Conferencia Nacional Afrocolombiana (CNOA)

National convergence of 270 women, youth, displaced Community

Councils to contribute to the building of democracy with an ethnic perspective.


U.S. Agency for International Development 1300 Pennsylvania Avenue, NW

Washington, DC 20523

Tel: (202) 712-0000 Fax: (202) 216-3524

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