Resettlement and relocation: an unregulated subject in a country where the standards exceed

Abstract

The description of strengths and weaknesses in the evolution of territorial ordering norms in Colombia, the critical analysis of the determinants in the formulation and execution experience of the POT (land management plans), and the explanation of which of them should be priority guidelines to guide a new process of formulation of these instruments, reveal that although the management of natural disaster risk is a guideline to guide the process, it survives a legal and institutional imbalance in the correlation that must have with the territorial ordering, resettlement and relocation. From a documentary research based on the qualitative research model and legal dogmatic approach, this paper develops the reasons for regulating the subject in a country overwhelmed by the overproduction of standards, since the absence of legislation maintains a legal vacuum which facilitates threat and violation of human rights. It is because of this that the need to legislate resettlement and relocation processes generated by natural events is based on the commitments acquired by Colombia through the recognition of international instruments,  some jurisprudential precedents that determine the scope of a legislative initiative,  the main national provisions that contribute to the legislative development of the resettlement and relocation processes, and  some shortcomings of recent national policies about climate change and risk management that account for the urgency of legislatively promoting guarantees and procedures that affect their modification.