3.1
The European Union defines climate change adaptation as the “means taking action to prepare for and adjust to both the current effects of climate change and the predicted impacts in the future.” Thus, adaptation has been incorporated into key elements of Colombia’s legal institutional framework and planning processes. In general, Colombia is recognized as a regional leader in developing disaster risk management systems
3 United Nations SDG Indicator: 11.1.1 (2018). https://unstats.un.org/sdgs/ indicators/database/ 4 Johana Herrera Arango. " Collective land tenure in Colombia - Data and Trend" Info Brief (2018): DOI: 10.17528/cifor/006877. 5 Johana Herrera Arango. " Collective land tenure in Colombia - Data and Trend" Info Brief (2018): DOI: 10.17528/cifor/006877. 6 Anonymous. "Adaptation to Climate Change." Climate Action - European Commission. February 16, 2017. Accessed March 15, 2021. https://ec.europa.eu/ clima/policies/adaptation_en.
and protection of the ethnic and cultural diversity of these communities, and as an opportunity for organizational strengthening to ensure the participation, autonomy, and the self-government of their traditional lands. However, the rural characteristics of the region, the history of settlement and the diasporic experiences of the 20th and 21st centuries challenge the stable nature of collective ownership rights as fixed in time, space and subject.4 In order to understand the importance of the data, collective ownership needs to be analyzed in the context of land and territoryrelated problems in Colombia. These are reflected in the agrarian
structure and in land ownership, which have several distinguishing features: (i) the inequality associated with land tenure, (ii) incomplete redistributive land policies, and (iii) an important impact of multicultural policies for collective access to lands and to ecosystem goods and services.5 The devastating consequences of climate change in Colombia garner a need for further development of climate adaptation strategy. The European Union defines climate change adaptation as the “means taking action to prepare for and adjust to both the current effects of climate change and the predicted impacts in the future.”6 Thus, adaptation has been incorporated into key elements of Colombia’s legal institutional framework and planning processes. In general, Colombia is recognized as a regional leader in developing disaster risk management systems.7 Additional strategies for adaptation have also been integrated into a variety of other legislation in Colombia as well as national, regional, and local plans. The city of Manizales for example, is a prime example of a municipal integration of climate adaptation mechanisms into local development policies and land use plans. Manizales is internationally recognized for its long-standing urban environmental policy (Biomanizales) and local
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04 . ADAPTATION
environmental action plan (Bioplan). Manizales has extensive disaster risk and environmental policies that have been incorporated into local territorial and development plans since the 1990s. Some adaptation strategies include housing relocation, education on risk prevention, maintenance of slope vegetation, and early warning disaster meteorological stations. In addition, active stakeholder engagement underlies most of the city’s climate adaptation planning efforts, which has worked to maintain alliances and develop trust. The city’s success can be attributed to “coherent, multi-level governance, including capacity to integrate disaster risk reduction, climate change adaptation, land use and territorial planning within a holistic view of development that includes the views and capacities of multiple stakeholders.”8 Stein
and Moser also corroborate that collaboration between community members, local government, the private sector, and NGOs in Cartagena, Colombia created a dialogue that enabled them to better “identify, negotiate and agree on climate adaptation solutions that are legally, financially and technically feasible.”9 However, areas where Manizales can further excel in climate adaptation include prevention of disasters rather than response, continued relocation of homes in high-risk areas, and protection of water resources and infrastructure.10 The following is an analysis of the set of laws in Appendix A through the lens of UN-Habitat’s “Law and Climate Change Toolkit,” focusing on the Planning for Adaptation subsection. Referenced legislation is featured in Appendix A.
03.1 CLIMATE RISKS AND VULNERABILITY FOR PLANNING AREAS AND INFRASTRUCTURE Law 388 of 1997, Ley de Desarrollo Territorial (The Law of Developing Territories) establishes mechanisms to guide municipal land use planning, guarantees the social and ecological function of all property, while promoting collaboration between the Nation, territorial entities, administrative and planning bodies, and environmental authorities. The law specifically outlines the general
3.1
LAW AND CLIMATE CHANGE TOOLKIT
components of municipal zoning plans and land use planning schemes. These plans must identify the location of “areas at high risk for the location of human settlements, due to natural hazards or risks, or unhealthy conditions.”11 According to the Law 99 of 1993, Ley General Ambiental (General Environmental Law), “environmental impact studies will be the basic instrument for decision-making regarding
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7 Hardoy, Jorgelina, and Luz Stella Velásquez Barrero. "Re-thinking “Biomanizales”: Addressing Climate Change Adaptation in Manizales, Colombia." Environment and Urbanization 26, no. 1 (2014): 53-68. doi:10.1177/ 0956247813518687. 8 Hardoy, Jorgelina, and Luz Stella Velásquez Barrero. "Re-thinking “Biomanizales”: Addressing Climate Change Adaptation in Manizales, Colombia." Environment and Urbanization 26, no. 1 (2014): 53-68. doi:10.1177/ 0956247813518687. 9 Stein, Alfredo, and Caroline Moser. "Asset Planning for Climate Change Adaptation: Lessons from Cartagena, Colombia." Environment and Urbanization 26, no. 1 (2014): 166-83. doi:10.1177/ 0956247813519046.
