Peasant reserve zones as a frame for the guarantee of collective rights of peasant collectivities in Colombia. : the case of Cimitarra River Valley

Abstract

Peasants and their rights have been denied throughout the history. In Colombian legal order, there is a lack of the concept, and there is no recognition of their collective nature or their attachment to the lands and territories. Besides, Colombia has a history of violence and inequality that have affected mainly the rural areas. Peasants have suffered the consequences of the armed conflict, the historical marginalization, and the concentration of the land. In response, the communities have created forms of resistance and organization. After massive mobilizations, the Law 160 of 1994 was issued. This provision established the legal form of Peasant Reserve Zones (PRZ) in Colombia as a geographical area with the goals of stabilization of the peasant economy, the improvement of the causes of social conflicts and the creation of conditions to the achievement of peace and social justice. Accordingly, this thesis aims to examine the PRZ as a framework for the guarantee of collective rights of peasant collectivities, specifically the case of Cimitarra River Valley. For this purpose, the document contains the theoretical discussion about collective rights, the definition of the concept of collectivity and peasant communities and the review of the collective rights recognized in the International and Colombian Law. This led to the analysis of the case as a legal and social form that could frame the guarantee of rights of peasant collectivities.