Common use of Comprehensive Rural Reform Land Fund Clause in Contracts

Comprehensive Rural Reform Land Fund. With a view to achieving the democratisation of access to land, to the benefit of small-scale farmer communities and especially rural women without land or with insufficient land and the rural communities most affected by poverty, neglect and the conflict, regularising property ownership rights and as a result reversing concentration and promoting fair distribution of land, the National Government is to create a Land Fund for the free distribution of land. The Land Fund (Fondo de Tierras), which will be permanent in nature, will have 3 million hectares of land available during its first 12 years of existence, and that land will come from the following sources: • Land arising from the legal cessation of ownership in favour of the Nation: the National Government will speed up the necessary reforms for making the legal ownership cessation procedure more flexible with a view to reversing the unlawful concentration of land ownership. • Land recovered in favour of the Nation: that is to say, unoccupied public land (baldíos) unduly appropriated or occupied, recovered by means of agrarian processes, notwithstanding the fact that members of the small-scale farmer communities can be beneficiaries of the land titling programme. (This source must be consolidated through the creation and updating of a cadastre, to be promoted within the context of this Agreement). • Land arising from the updating, delimitation and strengthening of the Forest Reserve Areas (Reserva Forestal), for beneficiaries of the Land Fund: the appropriation of land using this mechanism will be conditional upon the drawing up, with participation from the communities, of plans to guarantee social and environmental sustainability. • Unexploited land: land recovered through the application of the current administrative ownership cessation procedure, due to failure to fulfil the social and ecological functions of the property. • Land acquired or expropriated for reasons of social interest or public utility, acquired to promote access to rural property, with the corresponding compensation being given. • Donated land: the National Government will promote the necessary measures to facilitate procedures for donating land to the Land Fund, within the context of ending the conflict and peacebuilding. The procedures of administrative expropriation for reasons of social interest and public utility and the administrative ownership cessation due to non-exploitation (extinguishment of ownership of uncultivated land) will apply in accordance with the Constitution and pursuant to the criteria set out in laws currently in force.

Comprehensive Rural Reform Land Fund. With a view to achieving the democratisation of access to land, to the benefit of small-scale farmer communities and especially rural women without land or with insufficient land and the rural communities most affected by poverty, neglect and the conflict, regularising legalising property ownership rights and as a result reversing concentration and taking ownership away from the few and promoting fair distribution of land, the National Government is to create a Land Fund for the free distribution of land. The Land Fund (Fondo de Tierras)Fund, which will be permanent in nature, will have 3 million hectares of land available during its first 12 10 years of existence, and that land will come from the following sources: • Land arising from the legal cessation of ownership in favour of the Nation: the National Government will speed up the necessary reforms for making the legal ownership cessation procedure process more flexible with a view to reversing the unlawful concentration of land ownership. • Land recovered in favour of the Nation: that is to say, unoccupied public land (baldíos) unduly appropriated or occupied, recovered by means of agrarian processes, notwithstanding the fact that members of the small-scale farmer communities can be beneficiaries of the land titling registration programme. (This source must be consolidated through the creation and updating of a cadastreland registry, to be promoted within the context of this Agreement). • Land arising from the updating, delimitation and strengthening of the Forest Reserve Areas Reserves (Reserva Forestal), for beneficiaries of the Land Fund: the appropriation of land using this mechanism will be conditional upon the drawing up, with participation from the communities, of plans to guarantee social and environmental sustainability. • Unexploited land: land recovered through the application of the current administrative ownership cessation procedure, due to failure to fulfil the social and ecological functions of the property. • Land acquired or expropriated for reasons of social interest or public utility, acquired to promote access to rural property, with the corresponding compensation being given. • Donated land: the National Government will promote the necessary measures to facilitate procedures for donating land to the Land Fund, within the context of ending the conflict and peacebuilding. The procedures of administrative expropriation for reasons of social interest and public utility and the administrative ownership cessation due to non-exploitation (extinguishment of ownership of uncultivated land) will apply in accordance with the Constitution and pursuant to the criteria set out in laws currently in forcebuilding peace.