Business actors and land restitution in the Colombian transition from armed conflict

Abstract

ABSTRACT In the field of business and human rights, it is recognised that some of the worst human rights violations related to business actors occur in conflict-affected countries. Yet, little research adresses the potential of domestic transitional justice instruments to provide victims with access to remedy. This article seeks to better understand the functioning of such instruments by presenting a case study of the land restitution mechanism in Colombia. This mechanism constitutes a far-reaching remedy framework for cases of land dispossession, in which business actors appropriated the land of forcibly displaced persons, including extensive legal assistance measures, shifts and reductions in the burden of proof and a binding due diligence obligation for investors. However, its implementation has been rather weak. Drawing on qualitative interviews with experts involved in land restitution proceedings against business actors, the article identifies the main obstacles to these proceedings and develops recommendations on how to improve transitional justice instruments so as to redress victims of business-related human rights violations in post-conflict settings.