Confining Ethnic Territorial Autonomy in Colombia

Abstract

To rein in violence and address issues of social justice and environmental sustainability, the 1991 Constitution reconfigured Colombia's territorial regimes, decentralized politics, and formalized ethnic-political autonomy. However, uneven implementation of the reforms and armed conflict are limiting local decision making. To evaluate the effects of these processes in one region, the article studies the Naya River basin located in Colombia's Pacific littoral. There, Eperara-Siapidaara and Nasa Indians, traditional Afro-Colombians and Black and mestizo peasants are losing territorial control as a result of violence, a growing coca economy, and government failure to offer security and formalize collective land titles. Locally devised interethnic governance agreements were accorded as a strategy to address these problems but were constrained by (a) the violent alteration of land use practices, (b) overlapping legislations on ethnic rights that encourage differing intermediation strategies, and (c) uncoordinated nongovernmental organization involvement in local affairs.

Regulatory overlap: A systematic quantitative literature review

“…Almost 50 percent of papers coded with the government‐based Tier 3 solution identified the need to create government‐based standards of overlap (20 papers) (see, e.g., Gerken, 2014a; Michaels, 2016; Xiao, 2012). These papers also frequently proffered the potential for “increased centralization” (10 papers) (see, e.g., Currier, 2016; Lo et al, 2018; Lynch, 2011), whereas slightly less proposed “decentralization” (5 papers) (see, e.g., Buzbee, 2017; King et al, 2013; Velasco, 2011) as the solution for overlap. Papers proposing legislative reform were coded with reform‐based solutions.…”

“…Interestingly, a significant number argued for controlled overlap (6/17 papers) (see, e.g., Fidelman et al, 2019;Middleton, 2015), however controlled overlap was always proposed in reference to banking and finance regulation overlap and specific instances referred to as "Twin Peaks" (see, e.g., Godwin et al, 2017;Godwin et al, 2016). 15 The data from the EU demonstrated a higher ratio of solutions with half the papers coded to "reform" and "reduce regulation" (4/8 EU solutions papers) (see, e.g., Anker et al, 2015;Vaale-Hallberg, 2014). Despite identifying some trends, the data did not demonstrate any clear unexpected patterns when analyzing problems versus solutions.…”

“…First, the type of reform needed, 11 and second, the method/priority for how reform should be achieved. 12 In reference to the type of reform, the recurring proposed solutions were for "act reform" (23 papers) (see, e.g., Murray, 2012;Shih, 2020;Windholz, 2013a) 13 followed by the proposal to reduce regulations (13 papers) (see, e.g., Anker et al, 2015;Unruh, 2012;Vaale-Hallberg, 2014). The solution of reduced regulations was linked to papers that were calling for either a single act or standard (4 papers) (see, e.g., Benson, 2012;Junita, 2015;Middleton, 2015) or conversely those that suggested multiple acts (two papers) (see, e.g., Kim, 2011;Windholz, 2013b) or multiple departments (five papers) (see, e.g., Duranske, 2017;Godwin et al, 2017;Godwin et al, 2016).…”

“…The solution of reduced regulations was linked to papers that were calling for either a single act or standard (4 papers) (see, e.g., Benson, 2012;Junita, 2015;Middleton, 2015) or conversely those that suggested multiple acts (two papers) (see, e.g., Kim, 2011;Windholz, 2013b) or multiple departments (five papers) (see, e.g., Duranske, 2017;Godwin et al, 2017;Godwin et al, 2016). When identifying a method of reform, academics most frequently argued that it was necessary to "prioritize clarity when reforming the overlapping law" (33 papers) (see, e.g., Dombora, 2019;Kalabamu, 2019;Vaale-Hallberg, 2014) 14 to "prioritize consultation when reforming" (18 papers) (see, e.g., Breen, 2013;Michaels, 2016;Robbins, 2015) and to "prioritize informality" and "not overly regulate" (17 papers) (see, e.g., Chen, 2017;Crabb, 2019;Dombora, 2019).…”

Klientelisierte Staatlichkeit in Konfliktregionen

“…bspw. Hristov 2005;Velasco 2011) sowie Strategien der Aufarbeitung von Gewalterfahrungen thematisiert (Vgl. bspw.…”