Collective Titling and the Process of Institution Building: The New Common Property Regime in the Colombian Pacific

Abstract

This research is an empirical examination of institutional developments in Afro-Colombian communities that have occurred since the change in the property rights regime in 1991. I surveyed 82 local leaders of 42 communities to understand whether these communities have succeeded in designing and implementing rules to manage their collective land and its resources. I found that the new property regime has not replaced individuals’ informal land holdings, which are still managed as de facto individual private property and are traded in the informal land market. However, the process of collective titling has changed local environmental governance by creating local rules and legal tools to guard against encroachment by intruders. Beyond the establishment of formal property rights, the process of community and authority building based on the expectation of collective titling has begun to formalize the management of the territory. Communities with and without collective titles have promoted new rules and procedures to manage their resources. However, monitoring and enforcement of the rules are weaker than expected.