Laws, Policies and Strategies

Strategies and Policies:

PUBLIC POLICY OF SUSTAINABLE RURAL DEVELOPMENT OF THE CAQUETÁ: The PPDRSC, is an innovative bet that covers the entire territory. Part of a diagnosis of the rural sector, proposes integrating policies on issues such as rural development, environmental, forestry, water resources management and post conflict. It transcends sectoral policies and defines policy guidelines for 20 years. Its objective is to manage sustainable development, by including its rural inhabitants, progressively diminishing social inequalities, poverty and lack of opportunities, based on the conservation and sustainable use of its natural wealth.

The PPDRSC aims to manage the sustainable development of the department of Caquetá, through the social inclusion of its rural inhabitants and the improvement of their living conditions, progressively diminishing social inequalities, poverty and lack of opportunities. Taking advantage of the richness of its natural base and the biodiversity that characterizes it, by controlling the deterioration of its strategic ecosystems, the preservation, sustainable use, restoration and knowledge management of its water systems, forests and soils, through the establishment of economies rural sustainable solidarity and competition with the support and strengthening of public and social institutions as part of the construction of territorial peace.

STRATEGY OF THE RAP - AMAZONIA: The RAP-Amazonía , is an initiative led by the Department of Caquetá, which seeks to consolidate an Administrative and Planning Region with the 6 Governors of the Amazonian Departments and the Huila, to achieve greater incidence in national politics , in the new National Development Plan (2018-2021) and take advantage of international opportunities in climate change issues, particularly in the GCF, by presenting itself as a common block committed to the sustainable development of the Colombian Amazon. This coalition represents 6.4% of the Amazon biome and 41.8% of the national territory [1] .

CLIMATE CHANGE TABLE: The conformation of the SubNode Departmental Climate Change - Caquetá framed by the Regional Node of Climate Change of the Amazon formed since February 2017, is given from the need to generate the Comprehensive Plan for adaptation and mitigation of climate change in the department, which has two main components: 1. Strengthening of Climate Change issues and 2. Construction of policy guidelines on climate change adaptation and mitigation to be institutionalized and included in the different planning instruments of the department. The SubNodo is part of an inter-institutional working group that exercises leadership in the region and seeks to articulate the different initiatives.

Currently under the SubNode the construction and implementation of a jurisdictional strategy of Rural Development Low in Emissions (LED-R for its acronym in English) is being carried out, where the articulation of the different regional actors is sought to concretize in a participative way the future vision of the territory and the goals to be achieved in a short and medium term.

PRODUCTIVE AND SOCIAL MANAGEMENT PLAN OF RURAL PROPERTY: The productive and social ordering of rural property (PROSP) is the result of a participatory and multisectoral planning process of a technical, administrative and political nature, which seeks to contribute to the harmonization of the productive base of the department with an agro-environmental focus (agricultural uses, eco-systemic services, tourism, sectoral issues and rural land tenure), in order to improve or maintain an adequate balance in the efficient use of land, competitiveness and social, environmental and economic sustainability in a manner articulated to the instruments of territorial ordering and rural development existing in the territory. [2] The plan is an instrument of ordering and at the same time of public policy that will define in a horizon of 70 years the guidelines and action plan to be followed in all the productive issues that are developed in the department of Caquetá.

TERRITORIAL MANAGEMENT GUIDELINES FOR THE CAQUETA DEPARTMENT AND ITS TERRITORIAL ENTITIES: The Ordenamiento Guidelines are the general frame of reference from which the efforts of all the development actors that in one way or another are interested in this important must be articulated region of the world, the Amazon and the country.

The Guidelines and guidelines for Territorial Planning of the Department of Caquetá are structured on the basis of the Diagnosis of the Current Territorial Model that allows characterizing, analyzing and spatializing the biophysical, economic and cultural potentials and limitations, the environmental determinants and the protection areas of the national system. of protected areas.

The Guidelines constitute guidelines for both policies and actions, criteria and regulations that municipalities must include in their Territorial Ordinance Plans, either in its formulation and in its revision, to guarantee the use, occupation and sustainable transformation of the departmental territory in accordance with its optimal potential, and obeying the general interest with a regional vision.

They respond to a desirable and viable vision of the future and to priority development and welfare objectives for the entire population in order to achieve a competitive territory, an attractive territory, a supportive territory and a sustainable territory. Therefore, they must be binding; that is to say, of obligatory fulfillment in the Plans of Territorial Ordering.

The vision or objective image is expressed in the future territorial model that presents a series of scenarios of use and occupation of the territory that are the basis for defining guidelines and guidelines for the territorial ordering of the department [3] .

ECOLOGICAL RESTORATION STRATEGY: Alliance for the Restoration of the Colombian Amazon Six (6) strategic pillars have been determined:

  1. Generate and disseminate priority scientific information required for the design of ecological restoration strategies
  2. Encourage the intercultural training of community promoters such as local scientists, co-researchers and environmental educators in the process of socio-ecological restoration in their localities.
  3. Manage spaces of social appropriation and exchange of scientific and local knowledge resulting from ecological restoration processes in the Colombian Amazon at the local, municipal, departmental, regional, national and international levels.
  4. Position the ecological restoration in the construction of public policies of the region that allows to strengthen a development model based on the conservation of the Amazonian ecosystems and to restore the productive and functional capacity of the degraded ecosystems.
  5. Contribute to the social construction of the territory, strengthen spaces for dialogue between various actors of society 'to promote the generation of attitudes and decision-making around the restoration.

Promote intercultural agreements and practices between indigenous peoples and peasant societies to share ancestral and traditional knowledge and knowledge in the restoration of socio-ecosystems.

Laws and regulations:

SENTENCE STC 4360 of 2018 : (Declares the Amazon subject of rights) .Proffered by the Supreme Court of Justice of April 5, 2018, ordered all municipalities of the Colombian Amazon to perform within a period of five (5) following months to the notice of the ruling, update and implement the logs of Territorial Order, in pertinent, must contend a plan of action of zero reduction of deforestation in its territory, which will encompass measurable strategies of preventive, mandatory, corrective and pedagogical control, directed to the adaptation of the climatic change.

Ordinance 18, 2015 - By which the integral public policy of the Indigenous of Caquetá is adopted. Guarantee the physical and cultural integrity of the indigenous peoples of Caquetá, their survival in the territory and other fundamental, integral and collective rights of indigenous peoples according to the worldview and thought of each of the indigenous peoples of Caquetá.

Ordinance 17, 2015 - By which the Departmental System of Protected Areas (SIDAP) is adopted in the Department of Caquetá. Contribute to the reduction of the deterioration of eco-systemic goods and services by anthropic actions, through the articulation of the different actors in the definition of strategies, programs, proposals and actions for the formulation of projects aimed at the protection, conservation and recovery of resources Natural, the promotion of civil society participation mechanisms both in the direction of investment resource and in the implementation of protection policies conservation and recovery of the environment, creating special incentives for conservation, preserving the environmental and ordering regulations existing territorial: identification, geo-referencing, declaration and disclosure of Protected Areas; implementation of resource management mechanisms for scientific research in environmental conservation and education.

Institutional Framework

CORPOAMAZONIA: Responsible for conserving and managing the environment and renewable natural resources, promoting knowledge of the natural offer represented by its biological, physical, cultural and landscape diversity. Guide the sustainable use of their resources facilitating community participation in environmental decisions

UPRA: Guides the formulation, execution, monitoring and evaluation of the policy of land management for agricultural uses, through the planning of the productive and social ordering of the property, and the definition of guidelines, criteria and instruments, that promote the use efficient soil for rural development with a territorial approach.

IGAC: Responsible for producing, researching, regulating, arranging and disseminating geographic, cartographic, agrological, cadastral, geodesic and geospatial technologies information for application in the processes of knowledge management, planning and integral development of the country.

SINCHI: It is an entity of scientific and technological research of high level, committed to the generation of knowledge, innovation and technology transfer and the dissemination of information on the biological, social and ecological reality of the Jurisdiction, timely satisfying the needs and expectations of the communities of the region, for which we have committed human talent.

CORPOICA: The Corporación Colombiana de Investigación Agropecuaria, Corpoica, is a decentralized public entity with mixed non-profit participation, of a scientific and technical nature, whose objective is to develop and execute research, technology and transfer technological innovation processes to the agricultural sector. .

SECRETARIAT OF AGRICULTURE Lead in the Department of Caquetá the sustainable and competitive development of the Agricultural Sector, starting from the identification of the demand for services, having as fundamental tools the promotion, creation and / or operability of instances of interinstitutional agreement that allow building the general guidelines for the policy of the Sector in the Department according to the local, regional, national and international context, contributing to its operation and effectiveness.

TABLE OF CONCERTATION OF INDIGENOUS PEOPLES: It is an instance of agreement between indigenous peoples, departmental and municipal governments to define, implement and monitor the integral indigenous public policy of the department and guarantee the fundamental and collective rights of the indigenous population of Caquetá.

Zoning and Spatial Planning

DETERMINATIONS AND ENVIRONMENTAL MATTERS FOR TERRITORIAL ORDERING IN THE CAQUETA DEPARTMENT : Article 10 of Law 388 of 1997 establishes the regulation for territorial planning in the department.

National and regional norms that develop and specify from the environmental, the normative framework for spatial planning to be carried out be the departments in Colombia. (MADS, 2012).).

As a result of the foregoing, the Environmental Determinants for Municipal Territorial Ordering are higher hierarchical norms, and therefore, of mandatory compliance by the municipalities.

The main characteristics of the Environmental Determinants are summarized in the following aspects:

  • They are mandatory compliance. They do not constitute a matter of agreement for the formulation, revision or adjustment of the POTs.
  • They are exhaustive, in the terms of article 10 of Law 388 of 1997.
  • They are defined by the entities that make up the SINA (MADS, CAR, PNN, departments and municipalities).
  • Constitute a higher hierarchy rule for territorial ordering.

Environmental issues are criteria and guidelines defined by the environmental authorities, object of agreement between the environmental authority and the municipality or district in the process of Territorial Regulation (MADS, 2012). This scope of the process of coordination of exclusively environmental matters between the environmental authorities together with the municipalities, is reaffirmed in paragraph 6 of Article 1 of Law 507 of 1999, which amended Article 24 of Law 388 of 1997. In the In the same sense, Article 49 of Law 1537 of 2012, clarifies that: " Urban, architectural or structural norms, nor other non-environmental technical or legal matters are not part of exclusively environmental matters". (Underlined out of text).

The main objective of Environmental Affairs is to reduce territorial conflicts over the use of natural resources (MADS, 2012). The general characteristics of environmental matters are the following:

  • They must be supported in technical studies to serve as a support to the decisions that are intended to be adopted in the POT.
  • The commitments that are included in the POT Execution Program (through plans, programs, projects) must have agreed indicators between the parties in order to facilitate monitoring and evaluation of compliance.
  • In the concertation process, it must be borne in mind that it is also an environmental issue, the harmonization of municipal land management processes outside the protected areas to guarantee their protection.

In the jurisdiction of the department of Caquetá, the categories of public and private protected areas that make up the National System of Protected Areas (SINAP) are Environmental Determinants. These correspond to the System of National Natural Parks (SPNN), Forest Protective Reserves (RFP), Regional Natural Parks (PNR), Integrated Management District (DMI), Soil Conservation District (DCS), Recreation Areas (AR) and Natural Reserves of the Civil Society RNSC).

Engagement and Participation with Indigenous Peoples and Local Communities

The Department of Caquetá has been advancing in the articulated work with indigenous peoples based on indigenous public policy in the following points:

  • Generate guidelines for state entities to guarantee the effective enjoyment of the rights of indigenous peoples in the department of Caquetá.
  • Promote a process of adaptation and institutional strengthening that guarantees the integral, differentiated, pertinent and efficient attention of the indigenous peoples by the entities of the state.
  • Generate recognition and visibility of the various cultures in the department, as well as the different situations (social, humanitarian, environmental, political, among others).
  • Institutionalize differential attention as a mechanism for guaranteeing the integral, individual and collective rights of the indigenous peoples of Caquetá.
  • Strengthen the organizational processes of the peoples of Caquetá around common objectives such as the implementation of the policy.
  • Generate the inputs and guidelines for dialogue and articulation between the Departmental Government and the Indigenous Government, within the framework of the agreement table.
  • Promote peace in the territory of Caqueta.
  • Recognize the right to self-determination and the Special Indigenous Jurisdiction in their territories.