Desterritorialización y reterritorialización : sobre el reconocimiento político del territorio indígena en Colombia

Análisis de las lógicas espaciales del reconocimiento del territorio indígena en Colombia a través de procesos de reterritorialización y codificación coloniales, y de procesos de desterritorialización a través de la distinción política y disyunción de la codificación estatal por parte de la multiplicidad indígena.

Plan estratégico exportador para la empresa: productora y comercializadora Reina (P&C Reina)

El presente trabajo de grado tiene como tema central la internacionalización de los productos fabricados por la empresa P&C REINA, fertilizantes Químicos – orgánicos. Actualmente, P&C REINA es la única compañía en producir este tipo de fertilizantes en Colombia y a su vez, fue la primera empresa en dar a conocer al mercado nacional una nueva alternativa de fertilizantes, los cuales cuentan con un alto valor agregado y un avanzado nivel tecnológico, que ayudan a recuperar y a mejorar los suelos maltratados o deteriorador por el mal uso de estos productos en las tierras. Gracias a la experiencia que lleva esta compañía en el mercado y al reconocimiento que han obtenido por sus productos, por parte de las diferentes asociaciones y cámaras agrícolas existentes en el país, P&C REINA ha demostrado que en Colombia se puede hacer agricultura sana; esto ha contribuido de manera positiva a la empresa por medio de una participación significativa en el mercado y un posicionamiento de sus productos en el nicho en donde se desempeña. P&C REINA en el último año estudió la posibilidad de incursionar en el mercado internacional, con el fin de obtener un mayor reconocimiento, incrementar sus utilidades netas, aumentar su participación en el mercado nacional como internacional, mejorar sus procesos productivos, entre otras razones. Es por esto que con este trabajo lo que se busca es analizar si la empresa tiene la capacidad logística, competitiva y productiva para poder responder a las exigencias de los consumidores que se encuentran en diferentes países; luego se llevará a cabo una investigación de mercado con 16 países, las cuales la empresa considero atractivos para sus productos, con el fin de tener claro cuál es el país objetivo o potencial en donde la empresa tiene una mayor oportunidad de participación, posteriormente, se hará un análisis de dicho país y se propondrá las diferentes estrategias de internacionalización que puede implementar la compañía para poder entrar satisfactoriamente en ese mercado. Finalmente, se armará la matriz de costos con el fin de saber cuáles son los gastos generados en el proceso de logística internacional y así, decidir cuál termino de negociación (INCOTERMS) la empresa debe utilizar a la hora de llevar a cabo un pacto comercial con algún cliente.

Land Restitution and Prevention of Forced Displacement in Colombia

The armed conflict in Colombia, which has generated over three million internally displaced persons, has dramatic humanitarian consequences and raises serious issues regarding the protection of displaced peoples’ rights. The underlying reasons for the displacement often lie in the dynamics associated with territorial control and land seizures undertaken for strategic, military or purely economic purposes. Domestic and international legal provisions have established the victims’ right to the restitution of their homes and property as the “preferred remedy” in cases of displacement. However, policies dealing with displacement, both those of the Colombian government and of several international institutions, fail to take this sufficiently into account. A comprehensive reparation policy for victims must necessarily entail the reversion of lands, territories and goods seized in Colombia under the pretext of the internal armed conflict.

The recognition of rights to same-sex couples: the path towards a pluralistic concept of family

This paper presents the final results of the research project undertaken in 2010 and 2011 by the legal research group “Filius”, affiliated with Corporación Universitaria Empresarial Alexander von Humboldt of Armenia, (Quindío). The project’s general objective is “to establish the concept of family used by the Colombian legal system based on the judgments of the Constitutional Court granting rights to same-sex couples”. To this end, a line of jurisprudence was developed from the Court’s rulings that discussed the rights of same-sex couples, concluding that despite the great progress made in Colombia on the recognition of rights to these couples following Decision C-075/2007, in all these judgments the Court had always refused to recognize their family status, and it was not until 2011, in Decision C-577, that the Court accepted that same-sex couples constitute a family, thereby dramatically changing the constitutional doctrine that had maintained the criteria of heterosexuality as defining family.

Land Reform in Developing Countries: Property Rights and Property Wrongs, por Michael Lipton, Londres: Routledge, 2009

Reseña

Protection of Urban Lands: Advances in Medellin’s Public Policy

The problem of land ownership protection in this country is an issue that must be faced by those who have as part of their responsibilities the recognition, the restitution and the reparation of victims of forced displacement. One of the points that must be analyzed is the protection of ownership of urban lands, a subject falling under municipal responsibility. The development of a public policy by the City of Medellín for the protection of such lands is a significant advance for the creation of protocols and for the return of rights to those who have adandoned their lands because of violence or who have been divested of their homes in urban areas.

Sexual Violence Against Women as a Strategy to Dispossess Land in the Colombian Armed Conflict

This article reviews the evidence collected by diverse national and international organizations regarding the relationship between sexual violence against women, forced displacement, and dispossession in the context of the Colombian armed conflict. To this end, it uses the concept of “sexual violence regimes” to highlight that the endspursued by sexual violence are not always exhausted by simple consummation (that is, the act of sexual violence itself), but depending on the context, can be connected with broader strategic goals of armed actors. At the same time, this document admits the difficulty of proving this relationship with respect to judicial procedures, and thus sets out the possibility of creating a rebuttable presumption, in the framework of “unconstitutional state of affairs” created by judgment T-025 of 2004, that alleviates the burden of proof of the victims, and serves as a catalyst to promote new genderbased mechanisms of reparations.

Dilemmas in Regards to the Restitution of Lands in Colombia

The text argues that, even if different sectors of society have some strategic points of agreement on the issue of land, which converge on the specific issue of restitution, they strongly disagree on various other points. On one side are some who advocate “pure restitution” and consequently support a restitution policy that focuses on correcting the illegal dispossession and clarifying land titles and individual rights to property, which would serve to boost the land market and allow for rural development policies that modernize agricultural production, fundamentally based on large, corporate ownership. On the other end of the spectrum are advocates of what we call “comprehensive restitution,” who promote adopting a restitution policy that meets the requirements not only of corrective justice but also of recognition and redistribution, advancing the interest of peasant, indigenous, and afro-Colombian communities.

The Bureaucratic Impact of the mobilization for Land. Lessons from the Liberal Republic

The State-building process must be understood through the study of the agencies in charge of each of its regulatory functions. One such function is the regulation of property rights. During the Liberal Republic, as a reaction to the massive mobilization,new tools to better regulate property rights were promoted: colonization, parceling, the award of public lands and, at the end, a new legal framework. In spite of its purposes, they faced and failed to solve the challenges every organization experiences when growing: resource scarcity, controlling its agents, and keeping technical simplicity.

The project of land restitution in Colombia: an illustration of the civilizing force of hypocrisy?

This article offers a theoretical interpretation of the dispositions on land restitution contained in the famous “Victims’ Bill”, which was debated in the Colombian Congress during the year 2008. The bill included specific mechanisms aimed at guaranteeing the restitution of land to victims of the Colombian armed conflict. At the time, the bill was endorsed by all the main political actors in the country –notably the government and the elites that support it, on the one hand, and victims’ and human rights organizations and other opposition groups, on the other–. The fact that the restitution of land to victims of the Colombian armed conflict was being considered as a serious possibility by all political actors in the country seemed to indicate the existence of a consensus among actors whose positions are ordinarily opposed, on an issue that has traditionally led to high levels of polarization. This consensus is quite puzzling, because it seems to be at odds with the interests and/or the conceptions of justice advocated by these political actors, and because the restitution of land faces enormous difficulties both from a factual and a normative point of view, which indicates that it may not necessarily be the best alternative for dealing with the issue of land distribution in Colombia. This article offers an interpretation of said consensus, arguing that it is only an apparent consensus in which the actors are actually misrepresenting their interests and conceptions of justice, while at the same time adopting divergent strategies of implementation aimed at fulfilling their true interests. Nevertheless, the article concludes that the common adherence by all actors to the principle of restorative justice might bring about its actual realization, and thus produce an outcome that, in spite (and perhaps even because) of being unintended, might substantively contribute to solving the problem of unequal land distribution in Colombia. Even though the article focuses in some detail on the specificities of the 2008 Bill, it attempts to make a general argument about the state of the discussion on how to deal with the issue of land distribution in the country. Consequently, it may still be relevant today, especially considering that a new Bill on land restitution is currently being discussed in Congress, which includes the same restitution goals as the Victims’ Bill and many of its procedural and substantive details, and which therefore seems to reflect a similar consensus to the one analyzed in the article.

Fundamental Right to Freedom of Conscience without Objection? Some Notes for its Recognition as a Fundamental Guarantee

Conscientious objection is defined as the ability to depart from statutory mandates because of intimate convictions based on ethical or religious convictions. A discussion of this issue presents the conflict between the idea of a State concerned with the promotion of individual rights or the protection of general interests and an idea of law based on the maintenance of order and against a view of the law as a means to claim the protection of minimum conditions of the person. From this conflict is drawn the possibility to argue whether conscientious objection should be guaranteed as a fundamental right of freedom of conscience or as a statutory authority legislatively conferred upon persons. This paper sets out a discussion around the two views so as to develop a position that is more consistent with the context of social and constitutional law.

Recognition of static and dynamic facial expressions: Influences of sex, type and intensity of emotion

Ecological validity of static and intense facial expressions in emotional recognition has been questioned. Recent studies have recommended the use of facial stimuli more compatible to the natural conditions of social interaction, which involves motion and variations in emotional intensity. In this study, we compared the recognition of static and dynamic facial expressions of happiness, fear, anger and sadness, presented in four emotional intensities (25 %, 50 %, 75 % and 100 %). Twenty volunteers (9 women and 11 men), aged between 19 and 31 years, took part in the study. The experiment consisted of two sessions in which participants had to identify the emotion of static (photographs) and dynamic (videos) displays of facial expressions on the computer screen. The mean accuracy was submitted to an Anova for repeated measures of model: 2 sexes x [2 conditions x 4 expressions x 4 intensities]. We observed an advantage for the recognition of dynamic expressions of happiness and fear compared to the static stimuli (p < .05). Analysis of interactions showed that expressions with intensity of 25 % were better recognized in the dynamic condition (p < .05). The addition of motion contributes to improve recognition especially in male participants (p < .05). We concluded that the effect of the motion varies as a function of the type of emotion, intensity of the expression and sex of the participant. These results support the hypothesis that dynamic stimuli have more ecological validity and are more appropriate to the research with emotions.

Gender differences among undergraduates in the recognition of emotional facial expressions

The perceptive accuracy of university students was compared between men and women, from sciences and humanities courses, to recognize emotional facial expressions. emotional expressions have had increased interest in several areas involved with human interaction, reflecting the importance of perceptive skills in human expression of emotions for the effectiveness of communication. Two tests were taken: one was a quick exposure (0.5 s) of 12 faces with an emotional expression, followed by a neutral face. subjects had to tell if happiness, sadness, anger, fear, disgust or surprise was flashed, and each emotion was shown twice, at random. on the second test 15 faces with the combination of two emotional expressions were shown without a time limit, and the subject had to name one of the emotions of the previous list. in this study, women perceived sad expressions better while men realized more happy faces. there was no significant difference in other emotions detection like anger, fear, surprise, disgust. Students of humanities and sciences areas of both sexes, when compared, had similar capacities to perceive emotional expressions

The Recognition as a Quality Methodology Proposal in the Learning Process

In the education field, the question for the holistic formation is continuous and controversial. Moreover, with the obvious changes in the global knowledge production, apprehension and transmission, is crucial asking for the role of the education in the changes of the individual toward autonomy and take decisions in relationship with the educational process and the responsibility like a person sharing with knowledge like an issue of social development. In this context, this paper, presents results of an investigation made on 1995, about the recognition value like a methodology proposal of learning quality, for consider their propositions to be in force into an educational structure.

Advances and limitations in the attention to the problems of housing and urban land in Mexico. An approach from the legal-institutional frame

In this work we analyze the reforms carried out by the Mexican state in the nineties of the 20th century, in the items concerning the policies of housing and urban land, based on an exhaustive review of the main actions, programs and changes in the legal and institutional frame that applies for each of these fields. The nineties represent a "breaking point" in the way the State considers the satisfaction of the right to the housing and attends the offer of urbanized land for a tidy and sustainable urban development. In this period of time, the approach of direct intervention in developing and financing housing and creation of land reserves has changed into another one, ruled by the logic of the market. The balance to the first decade of the 21st century is ambiguous, as neither the housing policy has solved the housing shortage for low-income population, nor the land policy has eliminated the illegal urban growth.