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ANGOC conducts series of Round Table Discussions on Cross-sectoral Land
issues
Quezon City, Philippines
A
series of Round Table Discussions (RTDs) on Access to Land issues of
Indigenous Peoples (IPs), Agrarian Reform (AR), Forestry, Fisheries, and a
Legal Framework for Access to Land was organized by
ANGOC, PAFID, AR Now! and SALIGAN in September and October 2007 to provide
inputs for the drafting of the Philippine country strategy paper which would
serve as a resource document to intensify the land campaigns of Land Watch
Asia in the Asian region. This initiative is also part of a series of
confidence building interventions in pursuit of building land partnerships
among different stakeholders in the Philippines.
Round Table Discussion on Indigenous Peoples, 24 September 2007
The
Round Table Discussion on Indigenous Peoples (IPs) was participated in by 28
representatives from various NGOs and POs. A situationer on the condition of
IP groups in the Philippines, including the diminution of their ancestral
domains, was first presented, followed by a review of the status of ongoing
land claims conflicts between IPs and beneficiaries of the government’s
agrarian reform program.
This was followed by a discussion of the National Land Use Bill, which is
intended to provide a solution to conflicting land claims. Another bill,
drafted by the People’s Advocacy for Land Use Reform (Alarm)- a coalition of
people’s organizations, NGOs and civil society groups—is the Comprehensive
Land Use Act. It provides for:
1. A National Physical Framework Plan based on consolidated and
harmonized regional physical framework plans and land use plans
of cities and municipalities;
2. Four (4) categories of land uses for planning purposes – protection,
production, settlements development and infrastructure development
3. A Land Use
Policy Council which acts as the highest policy making body
on land use; standing committee under NEDA;
4. Board
representation (four of 15 members) from the basic sectors –
peasant, urban poor, IPs, and fisherfolk; with two out of
four representatives being women;
5. A moratorium
on all applications for conversion of agricultural lands to
non-agricultural uses shall be observed pending completion of
mapping activities;
6. Allocation to
municipal fishers of areas accessible to the sea and
identified for fisherfolk settlement and housing;
7. Restoration
of all mineral lands with exhausted mineral resources
to their original land classification – forest or agricultural lands;
8. Restoration
of all exhausted indigenous energy resource lands not
covered
by proclamations to the category of forest lands or
agricultural lands open to disposition, which ever is appropriate;
9. Designation
of lands for socialized housing and resettlement areas
for the
immediate and future needs of the underprivileged and
homeless citizens by each city or municipality in urban, urbanizable
10. Penal
provisions for any person abetting illegal conversion and
reclassification of protected agricultural lands.
Round Table Discussion on Agrarian Reform, 26 September 2007
Twenty one participants from NGOs and POs attended the Roundtable Discussion
(RTD) on Agrarian Reform in the Philippines on 26 September 26 2007 in
Quezon City, Philippines. The RTD on Agrarian Reform in the Philippines was
jointly organized by ANGOC, PAFID, AR Now! and SALIGAN to provide inputs for
the drafting of the Philippine country strategy paper which would serve as a
resource document to intensify the land campaigns of the Land Watch Asia in
the Asian region. This initiative is also part of a series of confidence
building interventions in pursuit of building land partnerships among
different stakeholders in the Philippines.
The RTD started with an assessment of accomplishments under the CARP as well
as of the challenges posed by different sectors. The biggest concern among
AR advocates is the expiration of the CARP in June 2008. The RT identified
three possible scenarios happening at that time: 1) CARP is extended but
goes on as “business as usual”; 2) CARP is extended and major reforms are
introduced into the law; and 3) CARP is not extended and the program ends.
The possibility of extending CARP and the extent of reforms that could be
negotiated would depend on the level of pressure that peasant groups and AR
advocates could bring to bear on Congress. Thus, the RTD participants
agreed that the most important challenge and intervention would be the
organization of a strong “rural reform movement.” Post 2008, the biggest
opportunity for “negotiating” reforms would be the 2010 national elections.
The “rural reform movement” should be ready to “negotiate” with “winnable”
presidentiables for reforms in exchange for political/electoral support.
The RTD also looked into the “Unity Bill” that has been drafted following a
series of consultations among farmer organizations, and subsequently filed
in Congress (i.e., as House Bill No. 1257). Among others, the Unity Bill
calls for:
1. Acceleration
(7 years target completion) of the Land Acquisition
and Distribution
component of CARP; with enough funds from the
General Appropriation to be
automatically appropriated;
2. Strengthening
of credit and support services to farmer
beneficiaries, even after the
completion of the Land Acquisition and
distribution component;
3. Resolution of
implementation problems that are obstacles to the
\
completion of
the program;
4. Categorical
declaration that Certificates of Land Ownership Award
(CLOAs) and other titles issued under any agrarian reform program
shall be
indefeasible after one (1) year from registration;
5. A mandate for
direct and physical distribution of all agricultural lands,
as opposed
to non-distributive schemes;
6. Establishment
of the needed implementation structure for the completion
of the program;
7. Recognition
of women as program beneficiaries, with the mandate
for gender responsive support services; and
8. Recognition
of the rights of all other qualified beneficiaries, and
the beneficiaries’ legal standing in cases involving their land.
The participants likewise agreed to sharpen the definition of AR to include
the indigenous peoples (IPs)’s perspectives pursuant to IPs’ rights under
the Indigenous Peoples Rights Act (IPRA).
Round Table Discussion
on Forestry, 27 September 2007
Twenty four participants from various NGOs and POs took part in the Round
Table Discussion (RTD) on Forestry. Following a review of the evolution of
forestry laws in the Philippines and of the different tenurial instruments
governing forestry and upland areas, three case studies were presented. The
following insights were drawn from the case studies:
1. Tenure
security affords upland communities to plan for future;
2. Support
mechanisms (capacity building, financial) should be in place
and must go
hand in hand with the tenurial instrument;
3. Lifestyle and
value systems improve with the implementation of
a conservation-oriented livelihood project;
4. Security
of tenure with a conservation-oriented livelihood project
promotes more
investment from farmers on their lands;
5. The role of
local government units (LGUs) in forest management
and protection is crucial in implementing tenure security programs;
6. Tenure
security programs must be developed using participatory
and “locally-fit”
strategies and plans;
7. Devolution of
forest management functions allows for greater
sharing of resources
and responsibilities;
8.Tenure
security should consider both conservation goals and
human welfare and
economic needs of upland communities;
9. Formulation
of development plans in tenurial instruments should
recognize
intricacies of customary laws, beliefs, practices and traditions
that must be reflected in the plan; and
10. Effective
forest management considers the smallest management
unit which is the tenure
holder.
The following recommendations were put forward to respond to issues
concerning the forestry sector:
1. There
is a need to provide long-term tenurial security to upland
communities to
ensure sustainable management of forests;
2. Tenure holders
need to be genuinely organized prior to awarding
of usufruct rights;
3. Tenurial
instruments should be flexible and must take into
account
conditions/situations at the village level;
4. There
should be a complete devolution of forest management
functions to LGUs;
5.Technical and
financial support mechanisms should accompany
tenurial security programs;
6. Tenure
security must consider both conservation goals and
improvement of human
welfare;
7. Formulation of
development plans must be based on customary
laws, beliefs, practices and
traditions to ensure effectiveness and
compliance; and
8. Management
plans must consider the tenure holder as the
smallest management unit.
Round Table Discussion
on Fisheries, 28 September
Twenty participants from various NGOs and POs took part in the Round Table
Discussion on Fisheries. The sector situationer pointed out that the current
law governing fisheries is to blame for the government’s neglect to issue
guidelines for fisherfolk settlements. An amendment to the law is therefore
necessary: the role of providing for the establishment and creation of
fisherfolk settlements would be given to the government shelter agency
rather than the Department of Agriculture. Another proposed amendment is the
provision for land ownership by municipal fishers which is missing from the
current law.
The participants then identified the following strategies to to protect and
advance the interest and well being of the fishefolk communities:
1. Mapping
of possible allies among politicians in light of the upcoming
elections;
identification of possible lobby areas in the three branches
of government;
2.
Lobbying with
the League of Mayors and Councilors;
3. Increasing the
capacity of barangays officials to engage with local
executives;
4. Deepening our
understanding of fishers on the nature of their land
rights
through
information dissemination, legal literacy trainings;
5.Capacity
building towards developing second liners and
strengthening organizations;
6. Increased
lobbying in the Congress on pending fisheries-related bills;
7. Orientation of
local executives on fishery issues for better lobbying;
8. Continuing
dialogue and negotiations with local officials;
9. Inventory of
foreshore lease agreements while LMB’s ongoing
inventory; and
10. Legal
support for the fishery sector.
Round Table Discussion
on Legal Framework for Access to Land, 26 October 2007
Twenty-six participants from NGOs and POs took part in the Round Table
Discussion (RTD) on Legal Framework for Access to Land. The RTD reviewed the
major laws governing access to land, and the overlaps among these laws that
lead to conflict among various land claimants. It was also pointed out that
recent laws and executive issuances on land have added to the confusion.
Inter-agency mechanisms and special task forces put up to resolve the
conflicts have been largely unsuccessful.
The participants put forward their position on resolving conflicts arising
from access to land, as follows:
1. Access
to land is a concern of the basic sectors because it involves
their survival
and dignity. The basic sector must be prioritized over
other users.
2. The respective
concerns of the basic sectors are not in contradiction
with each other and
with the conservation and development of national
resources.
3. Security
of tenure over land results to development and conservation of
land.
4. Basic
sectors must participate in the planning and execution of land use
determination.
5. A national
policy is needed to regulate the interest of the sectors, and
the
imperatives of ecology and development.
6. A clear
definition of forest and agricultural lands is in order.
7. All
automatic reversion of lands and the blanket application of the
Regalian
doctrine must be discouraged. Classification of lands
must be based on
actual use.
8.
Land use must
be delineated immediately. Comprehensive Land
\ Use Plans (CLUPs) must be
prepared.
9. Existing
conflicts between sectors must be resolved through alternative
means.
10. Adequate
funding must be provided for the resolution of disputes and
delineation of
lands.
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