A Landmark Victory for Property Rights in Colombia: ICP’s Fight Against Expropriation

When laws fail to check the power of government, private property rights are often in danger.

In Colombia, decades of legal uncertainty, government overreach, and civil conflict have left millions of its rural citizens without official land titles. Despite these challenges, the Instituto de Ciencia Política Hernán Echavarría Olózaga (ICP) has won a major victory in safeguarding private property rights.

Under socialist President Gustavo Petro, the ideological drive for redistributive land policies has threatened to compromise constitutional guarantees of private property. Bypassing court supervision and even compensation in some situations, Article 61 of the National Development Plan (NDP) attempted to give the government broad authority to expropriate land it judged “underutilized.” Framed as instruments for agricultural reform, such policies directly threatened rural landowners and economic stability.

Carlos Augusto Chacón, executive director of ICP, told Atlas Network that without constitutionally secure land tenure, rural Colombians are at the mercy of powerful forces that don’t have their best interests in mind.

“The government is trying to establish a system of central planning for the economy,” Carlos said. “They’re trying to impose a model of development, but they also have been trying different ways to take private property rights from the people.”

ICP raised a strong defense of property rights in spite of the huge odds they faced. With support from Atlas Network, their efforts resulted in notable government concessions as well as a decision by the Colombian Constitutional Court rejecting major procedural flaws in the implementation of Article 61. This not only protected landowners’ rights but also made a strong statement on the need for openness and democratic debate.

Before the ICP’s intervention, rural landowners were ill-prepared to counter government overreach, and a lack of knowledge among rural populations about their rights and titling processes made them particularly vulnerable to exploitation in areas rife with internal conflicts and drug traffickers.

Recognizing the importance of clearly defined and protected property rights for economic development and individual success, ICP has focused its efforts on fighting for laws that maintain constitutional landowner protections while also promoting a stable investment climate.

In response to the threat presented by Article 61, the ICP launched a multidimensional strategy to stop it before it could take effect. The group held expert roundtables to examine the potential consequences of the proposed reforms, bringing together legal experts, economists, and other stakeholders to assess the likely impact on landowners and the larger rural economy. ICP also conducted research and published their results in easily accessible formats, with the goal of informing politicians, the media, and the general public about the possible effects of the proposed policy shift.

ICP didn’t stop with producing research, however. The group filed a legal challenge, alleging that Article 61’s provisions violated constitutional principles of due process and property rights. Simultaneously, ICP sent extensive comments to the ministry of agriculture, describing its specific concerns and proposing alternative policy reforms. This approach helped ensure that officials carefully assessed the potential consequences of Article 61.

While ICP continues its efforts to shut down this dire threat to property rights, their work has already achieved results. In response to the concerns voiced by ICP and other civil society organizations, the government acknowledged the validity of some of the criticisms and agreed to modify certain provisions of a related draft decree. The constitutional court also ruled that the government had violated transparency and democratic deliberation rules in pursuing the decree’s implementation.

In 2023, ICP was chosen as a finalist for Atlas Network’s Latin America Liberty Award for their outreach and training program “ICP Academy.” In 2025, they were named the winner of the Latin America Liberty Award for their success defending property rights and economic freedom in Colombia.

“Winning the Latin America Liberty Award is really exciting for us,” Carlos said. “It motivates us to continue working for the protection and promotion of private property rights and the rule of law. In Colombia, we face a threat posed by the Petro administration, and groups like the ICP have the authority to take action.”

Looking ahead, ICP is dedicated to advancing policies that promote economic opportunity and improve the rule of law in Colombia. The group is aggressively promoting a comprehensive policy agenda that includes steps to enhance the business climate, decrease corruption, and enable citizens to fully engage in the economy. ICP believes that by creating a more safe and predictable climate for investment and innovation, they can help Colombians live more prosperous lives. And protecting property rights is a key part of that plan.

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