Summary.
The bill amends Law 72 of 2008, which concerns the award of collective land ownership to Indigenous peoples outside the comarcas. An application for collective title would include a survey plan or sketch, a community population census certificate from the Office of the Comptroller General of the Republic (Contraloría General de la República), and a certificate confirming the community’s existence from the National Directorate of Indigenous Policy (Dirección Nacional de Política Indígena) of the Ministry of Government and Justice, supported by prior reports and studies. The responsible institutions would issue these documents free of charge within no more than thirty days. The plan would immediately go to the survey directorate for preliminary registration, preventing other proceedings concerning the same land at the National Land Authority (ANATI).
The National Directorate of Indigenous Lands and Municipal Property (Dirección Nacional de Tierras Indígena y Bienes municipales) would immediately admit an application meeting those requirements and order an on-site inspection after notifying the applicants. The inspection would take place within 30 days of admission. The director of Indigenous lands would direct the titling process and address deficiencies in it, without filing away, annulling or revoking admission because a requirement that the State must provide remains outstanding.
Once the inspection report is submitted, only objections covered by the article 10 referred to in the amendment would be admitted, while applications submitted after the Indigenous application would be rejected. A conciliation hearing would precede a decision on an objection. An agreement signed before ANATI would have the effect of a final judgment concerning the rights settled. If an objection persisted, a decision could be challenged through reconsideration and appeal before the Ministry of Agricultural Development. Objections would be handled separately and would not halt titling before the award.
After inspection, the plan signed by a qualified surveyor would be sent for survey approval. The bill excludes these collective titles from the ANATI-admg-244 resolution concerning individual titles. The survey directorate would make necessary corrections and deliver the approved plan within thirty calendar days. Once the procedure is complete, the National Land Authority would issue a collective title that is not subject to prescription, transfer, seizure or alienation. Following admission and registration of the plan, the community would receive a certificate of collective possession to seek protection against unauthorized third parties.
The bill would bar suspension of these proceedings or requests to dismiss them for procedural inactivity under general adjudication rules. It provides for notice to interested third parties for fifteen days at the relevant peace office, municipal office and regional ANATI office, plus publication for one day in a nationally circulated newspaper. It permits awards without a limit on hectares, supported by studies of ancestral possession conducted by the vice ministry for Indigenous affairs. It sets qualifications for the director of the Indigenous lands office and requires the Executive Branch to issue regulations within 90 days. These provisions concern the named public bodies, applicant Indigenous communities and third parties with interests in the land.
What it proposes.
- Award of collective Indigenous land ownership outside the comarcas.
- Requirements, deadlines and steps in collective titling.
- Objections, conciliation and notice to third parties.
- Certificates of collective possession and terms of the title.
Who it would affect.
- Indigenous communities seeking collective titles outside the comarcas.
- Public bodies responsible for documenting and processing applications.
- Interested third parties and objectors.
- Applicants to lead the Indigenous lands office.
Key points.
- Institutions would issue application documents free of charge within no more than thirty days, and the plan would receive preliminary survey registration.Art. 1
- An application meeting the requirements would be admitted immediately, with an inspection within 30 days of admission.Art. 2
- Objections would go through conciliation, be handled separately and not halt titling before the award.Art. 3
- The survey directorate would approve the plan, and the authority would issue a collective title not subject to prescription, transfer, seizure or alienation.Art. 4
- The community would receive a certificate of collective possession after admission of the application and registration of the plan.Art. 5
- Collective titling proceedings could not be suspended or made subject to requests for dismissal for procedural inactivity.Art. 6
- Interested third parties would receive notice for fifteen days, with publication for one day in a nationally circulated newspaper.Art. 7
- Land could be awarded without a limit on hectares, qualifications would apply to the head of the Indigenous lands office, and the Executive Branch would issue regulations within 90 days.Arts. 8-10