Infrastructure Land Use Settlements Development and NLUA_web.pdf · Salcedo Village, Makati...

The Voluntary Guidelines on the Governance of Tenure of Land, Fisheries, and Forests (VGGT) in the context of National Food Security and the Proposed National Land Use and Management Act (NLUA)

Settlements Developmentis any improvement on existing formal or informal residential or housing settlements or any proposed development of certain areas for residential or mass housing settlement purposes. It also involves the spatial distribution of population, identification of the roles and functions of key urban centers, determination of relationships among settlement areas, and the provision of basic services and facilities of identified major settlement areas or growth centers; It is also concerned with the interrelationship of settlements as they develop and establish functional linkages based on their respective resource endowments and comparative advantages.

Infrastructure Land Useis the availability or supply of basic services and fostering economic and other forms of integration necessary for producing or obtaining the material requirements of Filipinos, in an efficient, responsive, safe and ecologically-friendly built environment. It covers sub-sectors of transportation, communication, water resources, and social infrastructure.

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This paper was prepared in behalf of the Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC) for the Philippine Development Forum - Working Group on Sustainable Rural Development (PDF-SRD), Deutsche Gesellschaft fur Internationale Zusammenararbeit (GIZ) GmbH, and the Food and Agriculture Organization (FAO).

Items from named authors do not necessarily reflect the views of the publisher.

Published byDeutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and Asian NGO Coalition for Agrararian Reform and Rural Development (ANGOC)

GIZ Registered officesBonn and Eschborn, GermanyT +49 228 44 60-0 (Bonn)T +49 61 96 79-0 (Eschborn)

GIZ- EnRD Office 2B PDCP BuildingRufino cor. Leviste StreetsSalcedo Village, MakatiPhilippines

T +63 2 651 5137I: www.enrdph.org

ResponsibleMax-Johannes BaumannEnvironment and Rural Development ProgramProgram Director E: [email protected]

Nathaniel Don E. MarquezANGOC Executive DirectorE: [email protected]

Source and Copyrights© 2014 Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH

Authors Divina Luz J. Lopez, EnP National Coordinator, PhilDHRRAAtty. Mary Claire Demaisip, Legal Officer, KAISAHAN

Layout / Design Opalyn A. Agulay

Copyright on PhotosThe cover photo in this publication is owned by ANGOC.

Printed and distributed byDeutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and ANGOC

Place and date of publicationManila, PhilippinesOctober 2014

ANGOC Office 73-K Dr. Lazcano StreetBarangay Laging Handa,Quezon City,Philippines

T +63 2 351 0011I: www.angoc.org

Foreword

Acronyms and abbreviations

List tables and figures

BackgroundObjective, Methodology and Limitation

The VGGT and the NLUA: Areas of ConvergenceVGGT Part 1: PRELIMINARY: Objectives and NLUA Chapter 1: Section 2: Introductory Provisions: Declaration of Policies

VGGT Part 1: PRELIMINARY: Nature and Scope and NLUA Chapter 1: Section 3: Scope

VGGT Part 2: GENERAL MATTERS and NLUA Chapter 1: Section 2: Declaration of Policies Chapters 2-6, Sec. 6-66.

VGGT Part 2: GENERAL MATTERS 5 Policy, Legal and Organizational framework related to tenure governance and NLUA Chapter 5: Implementing Structure NLUPC, Chapter 6: Regional and Local LU Policy Bodies

VGGT Part 2. GENERAL MATTERS 6 Delivery of Services and NLUA Chapter 5: Implementing Structure and Mechanism

VGGT Part 3. LEGAL RECOGNITION AND ALLOCATION OF TENURE RIGHTS AND DUTIES 9. IPs and communities with Customary Tenure System and NLUA: Provision on Ancestral Domains

VGGT Part 3. LEGAL RECOGNITION AND ALLOCATION OF TENURE RIGHTS AND DUTIES 10. Informal Tenure and NLUA Chapter 3: Special Areas of Concern

VGGT Part 3. LEGAL RECOGNITION AND ALLOCATION OF TENURE RIGHTS AND DUTIES 12. Investments and NLUA: Four (4) Policy Areas

VGGT Part 5: ADMINISTRATION OF TENURE 17. Records of Tenure Rights and NLUA Chapter 7: Adoption, Approval and Review of Local Land Use and Physical Framework Plans, Section 69

VGGT Part 6: RESPONSES TO CLIMATE CHANGE AND EMERGENCIES and NLUA Chapter 2: Framework for Land Use Planning, Sec. 6

Conclusions

Annex compiled in CD

Contents

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ForewordIn the Philippines, as in much of Asia, food is produced mainly by smallholders who rely heavily on land, water and other natural resources for their livelihoods. Securing their access to these resources is therefore synonymous to securing food. Ultimately, the eradication of hunger and poverty will depend on tenure systems that guarantee equitable access to and control over these natural resources for all.

In May 2012, 98 countries in the Committee on World Food Security (CFS) officially endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) in Rome, Italy. The voluntary guidelines contain a set of principles and recommendations for governments that may be applied in different national contexts towards improving the governance of land and other resources along the areas of: legal recognition and allocation of tenure rights and duties; transfers and other changes to tenure rights and duties; administration of tenure; responses to climate change and emergencies; and promotion, implementation, monitoring and evaluation. These guidelines are intended for adoption by national governments; however, they are voluntary or non-binding, unlike a treaty or convention.

On 10 June 2013, the Philippine Development Forum – Working Group on Sustainable Rural Development (PDF-SRD), United Nations - Food and Agriculture Organization Philippine Resident Office (FAO-Phils), Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, and the Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC) co-organized the “Stakeholder Briefing on the Voluntary Guidelines and other Land Governance Mechanisms” to provide an overview of the voluntary guidelines. Participated in by 124 representatives from government, CSOs and development partners, the forum: a) discussed the relevance of the VGGT in the Philippines, b) raised awareness on the state of governance of land, forests, fisheries, and ancestral domains in the Philippines, and c) highlighted initiatives to improve agricultural venture agreements in agrarian reform communities. Following this event, from August 2013 to October 2014, ANGOC implemented the project “Promoting Responsible Land Governance for Smallholders in the Philippines” in partnership with the PDF-SRD, NCI, FAO-Philippines and GIZ.

A major component of this Project was the preparation of three desk studies to identify existing gaps in policies and programs on the governance of land and resource tenure in the Philippines, and to familiarize stakeholders on the VGGT. The three desk studies were presented and discussed in several forums: experts’ meetings, three regional consultations and a national conference participated in by 314 representatives from government agencies, policy-makers, CSOs, academic institutions and international development organizations.

Specifically, this discussion paper “The Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security & the Proposed National Land Use and Management Act” written by Divina Luz J. Lopez, EnP and Atty. Mary Claire Demaisip analyzed to what extent the salient principles and recommendations of the VGGT are substantially reflected in the National Land Use Act/NLUA (House Bill 108). With the NLUA in place, this study concluded that policies and planning standards, with the integration of tenure rights, will be applied consistently.

We would like to thank the many organizations and individuals who have been involved in this undertaking

• Divina Luz J. Lopez, EnP and Atty. Mary Claire Demaisip as authors of the study

• Dr. Walter Salzer, outgoing Program Director of GIZ-EnRD, Dr. Segfredo Serrano, Undersecretary for Policy, Planning, Research and Development and Regulations, Department of Agriculture, and ANGOC Chair-Emeritus Fr. Francis Lucas for steering the various consultation processes;

• The GIZ-Philippines team: Erlinda Dolarte and Rhodora May Sumaray-Raras for providing technical support; Opalyn Agulay for providing desktop services for this publication

• GIZ and Misereor for providing assistance in the various aspects of the project implementation and production process of this publication;

• The organizers of the experts’ meeting, regional consultations and national conference, in particular; Ma. Editha Pia Astilla, Planning Officer II/Americas Desk Officer, Office of the Undersecretary for Policy and Planning, Research and Project Development, and Regulation, DA; Dr. Oscar Parawan, National Focal Person for National Convergence Initiative (NCI); Mr. William Ku, Project Development Officer, NCI; Dean Roel Ravanera, Charlaine Magallanes, and Casandra Hilary Emata of Xavier Science Foundation;

• The PDF-SRD Working Group and members of the Reference Group on the VGGT for providing guidance and advice;

• The ANGOC team for implementing and coordinating this project: Maricel Almojuela-Tolentino, Jay Martin Ablola, Lennie Rose Cahusay, Catherine Liamzon, Marianne Naungayan and Gregorio Quitangon;

• The 314 participants representing various stakeholders who participated in the different consultation processes

Max-Johannes BaumannProgram DirectorGIZ-Environment and Rural Development Program (EnRD)

Nathaniel Don E. MarquezExecutive DirectorAsian NGO Coalition (ANGOC)

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AD Ancestral DomainADSDPP Ancestral Domain Sustainable Development and Protection PlanADMP Ancestral Domain Management Plan ANGOC Asian NGO Coalition for Agrarian Reform and Rural DevelopmentCARPER Comprehensive Agrarian Reform Program with Reforms or RA 9700C/MLUMB City/Municipal Land Use Management BoardCRM Coastal Resource ManagementCLUP Comprehensive Land Use Plan CZRMP Coastal Zoning Resource Management PlanDENR Department of Environment and Natural ResourcesDILG Department of Interior and Local GovernmentDOJ Department of JusticeDRRM Disaster risk reduction and managementFAO Food and Agriculture Organization of the United NationsFARMC Fisheries and Aquatic Resources Management CouncilGiZ Deutsche Gesellschaft fur Internationale Zusammenararbeit GOCCs Government-Owned and Controlled CorporationsHB House BillICCs indigenous cultural communities IPs indigenous peoplesIPRA Indigenous Peoples Rights Act of 1997LGC Local Government CodeLGU Local government unitLRA Land Registration AuthorityLU Land UseNAPC National Anti-Poverty CommissionNEDA National Economic Development AuthorityNGA National Government AgenciesNIPAS National Integrated Protected Areas System Act of 1992NLUA National Land Use Act (the proposed NLUA)NLUPC National Land Use Policy CouncilNPFP National Physical Framework Plan PDF-SRD Philippine Development Forum – Working Group on Sustainable Rural Development PLUPC Provincial Land Use Policy CouncilPLUPMB Provincial Land Use Planning and Management BoardRLUPC Regional Land Use Policy CouncilSAFDZ Strategic Agriculture and Fisheries Development ZoneUDHA Urban Development and Housing ActUN United NationsVGGT Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in

the Context of National Food SecurityZO Zoning Ordinance

Acronyms and abbreviations

List of tables and figure

Table 1: HB 108, Section 2, Second Paragraph, Nos. 1-12

Table 2: Special Areas of Concern and Stakeholder Participation

Table 3: NLUA (Chapter 10) of NLUA contains provisions on Incentives, Sanctions, and Penalties specifically outlines under Sections 80-90

Table 4: Provisions on Monitoring and Review

Figure 1: Conceptual Framework on Four Policy Areas

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VGGT and the NLUA Background

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The Voluntary Guidelines• Background • Objectives • Methodology

Voluntary Guidelines on the Governance of Tenure (VGGT) and the proposed NLUA Bill

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BackgroundThe Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) was put together by various groups of stakeholders involving a number of states/countries with the end in view to provide some basis or guide toward promoting responsible governance of tenure of land, fisheries and forests. It is therefore being envisioned that this set of Guidelines can be used as a reference, given certain national contexts, and be taken into account in defining the governance of land and natural resources.

In the Philippine context, the VGGTs is being put forward to provide or serve as a platform for discussion and dialogue among multi-stakeholders with the end in view to strengthen policies and programs related to land tenure and governance of resources for the benefit of the common good. This is in cognizant of the fact that while the VGGTs do not establish binding applications as a national policy, the agency proponents see the potential of proposed and existing policies governing land governance. In particular, taking a closer look at the NLUA1 (version as filed in the 16th Congress under HB 108, and approved in the 15th Congress as HB 6545) and exploring further its potential to complement the principles and standards enunciated in the VGGTs was seen to be important.

This paper thus, attempts to determine the extent to which the NLUA has reflected the salient provisions contained in the VGGTs; or, conversely whether there are aspects (in the VGGT) that need to be articulated or emphasized in the current versions of the bill mainly in the HB 108. The results of the study specifically the policy and program complementation/gaps (e.g. VGGTs in relation to NLUA) identified, can serve the purpose of policy (NLUA) review that are taking place with the re-filing of the same in the 16th Congress. The findings and recommendations from this study can serve as input in the renewed efforts to reinforce or further improve the current version of the bill (HB 108) thru strengthening the elements that support the VGGTs. .

The Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security and the Proposed National Land Use and Management Act (NLUA)

1 Filed in the 16th Congress as HB 108, approved in the 15th Congress as HB 6545

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VGGT and the NLUA Objective, Methodology and Limitations

1. This study aims to dissect and compare the VGGTs and the NLUA in order to:

a) Identify the important sections in both documents that converge, thus adding to the compelling reasons and stronger urgency for the passage of NLUA; b) Identify provisions that indicate differences or divergence; c) Emphasize aspects that the NLUA may already have provided in terms of more specific policy articulation, implementation (instruments, programs); and d) Identify areas in the bill that indicate policy gaps thus providing the bases for policy recommendations -- enhancements, revisions in the NLUA toward making it as an important tool for advancing the VGGTs in the country.

A major limitation of this study in terms of getting more validated views from the stakeholders is time, thus the main method used in the conduct of the research is secondary literature review maximizing the use of two (2) main documents namely: VGGTs and HB 108. However, making references to the Philippine Constitution and the Local Government Code (LGC) as they apply was also done to elaborate on the analysis.

Moreover, given the comprehensive coverage of the NLUA, it can be safely assumed that a comparative assessment of the bill with the VGGTs can proceed/be done. However, as a law that lays down the framework and operational guidelines detailing policies to govern land uses, the NLUA is seen to more extensively contribute or relate to the Administration of Tenure (Part 5), more specifically the Regulated Spatial Planning function stipulated in the VGGTs. Thus, without pre-empting the result of the assessment of these documents, an elaboration on aspect of valuing land as a common resource and as public good, as reflected in the NLUA and the VGGTs was also be made. It had to be emphasized that the assessment and analysis will be limited to the content in as much as the NLUA is still at the proposal stage.

Objective, Methodology and Limitations


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The VGGT and the NLUA:Areas of Convergence

NLUAThe NLUA is aligned with the overall objective of the Voluntary Guidelines (VGGT) which is to improve governance of tenure of land, fisheries and forests. Stated as the primary objective of the NLUA (as reflected in its Declaration of Policies) -- to provide for a rational, holistic and just allocation, utilization, management and development of the country’s land and water resources, it directly reflects the essence of instituting land governance reforms.

Moreover, the NLUA contributes in this overall objective of improving governance of tenure of land by instituting a national land use framework and policy for a rational, holistic and just allocation, utilization, management, and development of the country’s land and water resources. The Declaration of policies in the NLUA as stated above appears to be more categorical in describing the HOW aspects of “improved governance” (in the VGGT) by using the terms rational, holistic and just and further elaborates on “tenure of land, forests and fisheries” by defining the policy to cover the allocation, utilization, management and development of the country’s land and water resources.

VGGT Part 1: PRELIMINARY: Objectives

NLUA Chapter 1: Section 2: Introductory provisions: Declaration of Policies

VGGT seek to improve governance of tenure of land, fisheries and forests. They seek to do so for the benefit of all, with an emphasis on vulnerable and marginalized people, with the goals of food security and progressive realization of the right to adequate food, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social and economic development.

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VGGT and the NLUA Areas of Convergence

The VGGT’s objective to improve governance and putting emphasis on vulnerable and marginalized people, with the goals of food security and progressive realization of the right to adequate food, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social and economic development in the VGGT is matched in the NLUA by the same emphasis placed on need for policies on land and water use to be consistent with the principles of social justice and equity, environmental integrity and sustainable development for the common good.

Overall, the objective of the VGGT to improve governance of land tenure for the benefit of all, with emphasis on vulnerable and marginalized people with the goals of food security and progressive realization of the right to adequate food, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social and economic development is reflected and specified/elaborated in Nos. 1-12, Section 2, Second Paragraph of the HB 108.

1. Maintenance and preservation of environmental integrity and stability; (environmental protection)

2. Sustainable and just management and utilization of natural resources; (sustainable social and econ development)

3. Disaster risk reduction and climate risk-based planning; (vulnerable groups)4. Protection of prime agricultural lands for food security, with emphasis on self-sufficiency

through efficient and sustainable use of land resources consistent with the principles of sound agricultural development, natural resources development, and agrarian reform; (food security, rural development, sustainable social & economic development)

5. Protection and conservation of the country’s natural heritage, permanent forest lands, natural forests, critical watersheds and key biodiversity areas to ensure adequate forest cover to maintain ecological processes in the country; (environmental protection)

6. Sustainable development and management of water resources; (environmental protection)

7. Settlements, transportation and other infrastructure development in support of inclusive growth and rural, urban and regional development; (economic development; poverty eradication, social stability)

8. Improved access to affordable housing by increasing its supply through direct allocation, better access to unutilized lands, and multiple use and higher densities, where appropriate; (housing security)

9. Respect for and protection of the traditional resource right of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains; compliance with free and prior informed consent of ICCs/IPs; and recognition of customary laws and traditional resource use and management, knowledge, and practices in ancestral domains; (vulnerable, marginalized people)

10. Equitable access to land through State intervention that guarantees its affordability to basic sectors

11. Energy security/self-sufficiency12. Meaningful participation of the basic sectors

Table 1. Declaration of Policies and Principles


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2. In addition, the VGGT further seek to:

a) Improve tenure governance by providing guidance and information on internationally accepted practices for systems that deal with the rights to use, manage and control land, fisheries and forests. b) Contribute to the improvement and development of the policy, legal and organizational frameworks regulating the range of tenure rights that exist over these resources. c) Enhance the transparency and improve the functioning of tenure systems. d) Strengthen the capacities and operations of implementing agencies; judicial authorities; local governments; organizations of farmers and small scale producers, of fishers, and of forest users; pastoralists; indigenous peoples and other communities; civil society; private sector; academia; and all persons concerned with tenure governance as well as to promote the cooperation between the actors mentioned.

NLUASec. 98 (re Access to Information) of the NLUA supports the more specific objective of the IPs on enhancing transparency and improve the functioning of tenure systems while Sec. 5-66 of the NLUA that elaborate on land use framework proposed in the NLUA serve the VGGT’s objective (d). This land use framework seeks to guide national agencies, including the NLUPC created under this bill, as well as LGUs in determining the allocation and use of land within their jurisdiction and territories.

.The Guidelines are voluntary, global in scope, should be interpreted and applied consistent with existing obligations under national and international laws, in accordance with national legal system. They are meant to complement and support national, regional and international initiatives to address HR and provide secure tenure rights to land, forests and fisheries.

• The Guidelines can be used by States, implementing agencies, judicial authorities, local governments, CSOs, basic sectors, academia, private sector and persons concerned with tenure governance.

VGGT Part 1: PRELIMINARY: Nature and Scope

NLUA Chapter 1: Section 3: Scope

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NLUAAs a policy that will govern land use at all levels in the country, the NLUA would require the implementing national agencies, the NLUPC and the LGUs to adopt the land use framework being proposed, in determining the allocation and use of land within their territorial jurisdiction.

It is being desired therefore, that the processes leading toward the enactment of the NLUA would benefit from the VGGTs as the latter can be used as the lens in enhancing further the provisions related to tenure and governance of resources for the common good.

This part expounds on the general principles of responsible tenure governance that States have obligations under applicable international human rights instruments.

3A General Principles; 3B: Principles of Implementation

1. Policies of Implementation are essential to contribute to responsible governance of tenure of land, fisheries and forests.

1.1 Principle #5 re Holistic and sustainable approach: recognizing that natural resources and their uses are interconnected, and adopting an integrated and sustainable approach to their administration.

VGGT Part 2: GENERAL MATTERS:

NLUA Chapter 1: Section 2: Declaration of Policies Chapters 2-6, Section 6-66.

NLUASec. 2 of the NLUA re in the Declaration of Policies and Principles states that, it is the policy of the State to provide for a rational, holistic and just allocation, utilization, management and development of the country’s land and water resources so that their use is consistent with the principles of equity, social justice, environmental integrity and SD, directly resonates with this VGGT’s provision. Further, this principle is further embodied in Chapters 2-6, Sec. 6-66 of the NLUA.

• Principle #6 re Consultation and Participation: engaging and seeking the support of those that have legitimate tenure rights and could be affected by decisions, prior to decisions being taken, and responding to their contributions.



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NLUAPublic participation is one of the salient features of the NLUA. It ensures that in all levels of planning and policy making, the stakeholders, are given an opportunity to actively participate in the process. Participation of women in particular is given premium as it specifically provides that half of the sectoral representatives in all levels are women. Avenues for participation are provided via the planning process and planning structures.

The bill proposes a structure that will increase people’s participation in land use planning and applies the combined bottom-up top-bottom approach in the planning.

Specifically, HB 6545 seeks to integrate and institutionalize people’s participation in defining the framework of land utilization and management. It provides for the mandatory participation of stakeholders, particularly the basic sectors, in key decision making bodies on land use policy at all levels. This ensures meaningful opportunities for the different stakeholders to participate in the land use process.

• Principle #8 re Transparency clearly defining and widely publicizing policies, laws and procedures in applicable languages, and widely publicizing decisions in applicable languages and in formats accessible to all.

NLUAChapter 11 of the NLUA re Transitory and Final Provisions, specifically Section 98. Access to Information; Access to records and documents pertaining to official acts, transactions, or decisions, as well as to data used as basis for policy development by the NLUPC shall be made available to the public.

• Principle # 9 re Accountability holding individuals, public agencies and non- State actors responsible for their actions and decisions according to the principles of the rule of law.

• Principle #10 re Continuous improvement: States should improve mechanisms for monitoring and analysis of tenure governance in order to develop evidence-based programmes and secure on-going improvements.

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Sector Theme NLUA Provisions Significance

Ancestral Domains SECTION 7. Land Use Plans for Ancestral Domains; Land use plans of ancestral domains shall be formulated by the ICCs/IP themselves

The NLUA recognizes the right of the IPs to self-determination. It recognizes and respects the traditional and customary methods/processes of the IPs in designating/allocating the use of lands in AD.

Forest Lands and Reservations of Watershed

Chapter 3 Special Areas of Concern, Article 5 (Forest Lands and Reservations of Watershed), Section 19, 20, 21 Reversion of Alienable and Disposable Lands to Forestlands Critical Watershed Areas Formulation and Implementation of Integrated Watershed Management Plans

The NLUA mandates the participation of concerned NGAs, the LGUs concerned, and/or concerned GOCCs (in the case of critical watershed areas), upon mandatory consultations with the concerned sectors and communities, in undertaking these activities in forest land and reservations of watersheds

Coastal Zones Chapter 3 Special Areas of Concern, Article 6 (Coastal Zones), Section 26 LGUs, in coordination with the DENR, the FARMCS, local fisherfolk organizations and other affected sectors such as women and youth, shall conduct the Coastal Zoning Resource Management Plan (CZRMP) which shall be incorporated in the CLUP.

NLUA further institutionalizes public participation esp the fisherfolk sector including women and youth and further strengthens the FARMCS as a mechanism for these sectors to engage in CRM

Tourism Development Areas Chapter 3 Special Areas of Concern, Article 11 (Tourism Development Areas), Section 46: Criteria for Designating Tourism Development Areas. SECTION 47. Identification and Preservation of Cultural Heritage.

These activities shall be done in consultation and coordination with the concerned LGUs, national government agencies, the private sector and the affected communities.

Infrastructure Development SECTION 48. Allocation and Use of Land for Infrastructure Development.

The National Economic and Development Agency (NEDA), in consultation with the concerned national government agencies, LGUs, and the private sector shall identify and periodically review, update and/or revise the list of priority infrastructure projects

Physical Framework and Land Use Plan

Sections 50, 51, 54 Planning Process: The physical framework and land use planning process shall be participatory, following a combined bottom-up and top-down approach, with mandatory public hearings/consultations conducted at all levels, and shall consider available and updated multidisciplinary scientific information of land uses. Sections 56, 59 re Implementing structures: Composition of the NLUPC. The NLUPC shall be headed by the Secretary of the NEDA as Chairperson.

The participation of the concerned stakeholders is highlighted in the formulation of the national policy guidelines It is also important to note that in the local land use bodies, there are sectoral representatives and other stakeholders. (Please refer to Section 63 [Composition of the PLUPMB], Sec. 66 re Composition of the C/MLUPMB) Basic Sectors are represented in the Implementing structures: Two (2) representatives each from four (4) basic sectors directly involved in land use, namely: urban poor, peasants, fisherfolk, and indigenous peoples who shall be appointed by the respective National Anti-Poverty Commission (NAPC) sectoral councils (50% women).

Physical Framework and Land Use Plan

Training, Education and Values Formation: Section 78 IEC and Capacity Building: Sec. 79 In order to develop a well-informed, responsible and committed citizenry who value the protection, conservation and development of the country's limited land, and other physical resources, the State shall mandate the inclusion of sustainable land use education or any subject related thereto in the curricula of primary, secondary and tertiary education.

The NLUA promotes the development of citizens’ consciousness and collective values formation on protection, conservation and development of land as a limited resource. Purposive development of capacities on land use planning and management for national and local government officials, community leaders, representatives of NGOs, POs, the religious sector, and the general public is also an area to be supported.

Table 2. Special Areas of Concern and Stakeholder Participation



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Table 3. NLUA (Chapter 10) of NLUA contains provisions on Incentives, Sanctions, and Penalties specifically outlines under Sections 80-90

Relevant Provisions Type Focus

SECTIONS 80-81. SECTIONS 80-81. System of Incentives and Awards

The NLUPC shall come up with a system of incentives and awards to LGUs that regularly update their CLUPs/ZOs once every eight (8) years.

SECTION 82-90 System of Sanctions SECTION 89. Failure to Formulate, Implement and/or Enforce the CLUPs and Zoning Ordinances (ZOs). The NLUPC, in coordination with the DILG, shall investigate, review, and recommend the filing of charges against local chief executives and other local officials and employees responsible for the formulation, implementation and/or enforcement of the CLUPs in the following cases:

• Failure of the CLUPs/ZOs to conform to the guidelines provided in the NPFP;

• Failure to complete the preparation of the CLUP despite the availability of funds, resources, and support by the Sanggunian concerned;

• Failure to provide appropriate budgetary allocation to effect its implementation; and

• Failure to implement and enforce the CLUP/ZO due to negligence of duty;

SECTION 82. Fine for Failure to Commence or Complete the Development of Agricultural Lands with Approved Conversion Order. SECTION 83. Persons Abetting Illegal Conversion. SECTION 84. Penalty for Reclassification of Protected Agricultural Lands and Exceeding the Limit of Areas Allowed for Reclassification. SECTION 85. Payment of Disturbance Compensation. Following the order of priority stated in Section 22 of R.A. 6657, as amended by R.A. 9700, agricultural lessees and share tenants, regular farm workers, seasonal farm workers, other farm workers, actual tillers or occupants of public lands collective, or cooperative of the above beneficiaries, and others directly working on land affected by agricultural land use conversion. SECTION 90. Illegal Conversion of City or Municipal Parks, Communal Forests, and Tree Parks in Subdivisions.

Any public official or employee, whether elected, appointed or holding office/employment in a casual, temporary, holdover, permanent, or regular capacity, found to be responsible for any of the foregoing acts, shall be punished with forfeiture of salaries and allowances, and suspension.

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Table 4. Provisions on Monitoring and Review

NLUAThe NLUA contains extensive and specific provisions on a system of monitoring and review of the framework plans and of the law.

Relevant Provisions Content and Focus

Chapter 3, Special Areas of Concern, Art. 1, Sec. 9

Review of Land Classification – NLUPC to review the current land classification system & definitions used to reflect the actual use of lands in the country

Chapter 3, Special Areas of Concern, Art. 1, Sec. 50

National Land Use Planning Process – The period of coverage (time frame) of the national, regional and provincial framework plans and the municipal/city CLUPs shall be thirty years with regular review and updating every 10 years

Chapter 8, Mapping and Data Management for Land Use Planning, Sec. 74

Ground Delineation – All maps shall be updated as new important information and data become available or as determined by urgent need. Updating should not be more often than every to years

Chapter 8, Sec. 67 Approval and review of PPFP and CLUPs of LGUs shall be submitted by the local land use board to the LDCs, for endorsement (transmission) to the local Sanggunian for Approval

Chapter 8, Sec. 68 Approval of RPFP and NPFP by the RPLUPC and NLUPC respectively provided that such processes and guidelines shall be prepared and issued by the NLUPC within six (6) months from the effectivity of this Act

Chapter 8, Sec. 77 Submission of Annual Report on Implementation of CLUPs and ZOs. The Local Land Use Boards shall submit their annual report on implementation of their LUPs to their respective Sanggunian

Chapter 11, Sec. 91 Mandatory Review every Ten (10) years – The Congress shall undertake a mandatory review of this Act at least once every 10 years to ensure that land use policies and guidelines remain responsive to changing situations

Chapter 11, Sec. 94 Congressional Oversight Committee on Land Use Act – to be composed by 7 members from the Senate and 7 members from the House of Representatives. The OC shall function for a period of not more than 3 years to oversee the implementation of this Act.



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VGGT Part 2: GENERAL MATTERS: 5 Policy, Legal and Organizational framework related to tenure governance

NLUA Chapter 5: Implementing Structure NLUPCChapter 6: Regional and Local LU Policy

2. Policy, Legal and Operational Framework related to tenure governance (b.5)

2.1. States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems.

NLUAThe implementing structures at the national, regional and local levels, including their powers, roles and responsibilities have been defined in NLUA and as well, allocation of necessary resources thru appropriations for their regular operations proposed. Chapter 5 of the NLUA provides for the creation of the NLUPC, which will be composed of the various heads of agencies, particularly those that are involved in land use. As the highest policy making body the NLUPC has also been designated to resolve land use policy conflicts between or among agencies, branches or levels of government. The NLUPC is tasked to ensure that the RPFP, PPFP and CLUPs will be consistent and in harmony with the NPFP. NLUA: Chapter 5: Sec. 55, 56, 57, 58, 59 At the local level, there are local land use policy boards which will ensure the creation and implementation of the land use framework set forth in the NLUA. In forest land use management, where a watershed area covers several municipalities across a number of provinces, an inter-LGU Task Force drawn from RLUPC and concerned M LGUs shall be formed to formulate the watershed management plan. Chapter 6: Sec. 60, 61, 62,63, 64, 65, 66

Though this has not been emphasized in the VGGT, the NLUA contains provisions that ensure fiscal support for the operations of the NLUPC. Sec. 96 on Appropriations of the NLUA assures the allocation of resources/budget for the implementation of the law and its continued application (inclusion in GAA). At the local level, appropriations for the regular operations and activities of the local LUPC are proposed to be included in the annual budget of the LPDO. Sec. 96

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3. States should define and publicize opportunities for civil society, private sector and academia to contribute to developing and implementing policy, legal and organizational frameworks as appropriate.(Please see item 4.2 re Principle #6 re Consultation and Participation)

3.1. States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. (Please refer to NLUA provisions on Continuing Improvement)

4. Delivery of services

4.1. To the extent that resources permit States should ensure that implementing agencies and judicial authorities have the human, physical, financial and other forms of capacity to implement policies and laws in a timely, effective and gender-sensitive manner. Staff at all organizational levels should receive continuous training, and be recruited with due regard to ensuring gender and social equality.

NLUAChapter 5 of NLUA contained sections that provide for the necessary structure and mechanism that will have the necessary organizational mandate and the commensurate financial and technical capacities to carry out the roles and functions as defined. Gender and social equality is a consideration in the selection of membership of the NLUPC particularly in getting the basic sectors (UP, peasants, fisherfolk and IPs), half should be women, as representatives.

Sections 58 creates the NLUPC Secretariat from the existing unit of NEDA in-charge of Land Use and Physical Planning Coordination, thus, building on accumulated experience and technical knowledge from the agency. Sec. 59 of the NLUA further defines the functions of the NLUPC Secretariat (11 functions) that describe the wide-range and comprehensive support that the Sect stands to offer : database development & build-up, coordination with agencies and LGUs , monitoring, technical assistance, assistance to LGUs, development of a long-term capability program on land use planning. However, with regard consideration for gender and social equality at all organizational levels in recruitment of staff for the Secretariat is beyond the scope of the NLUA (i.e. HRD policies of government will apply).

VGGT Part 2: GENERAL MATTERS: 6. Delivery of services

NLUA Chapter 5: Implementing Structure and Mechanism



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VGGT Part 3: LEGAL RECOGNITION AND ALLOCATION OF TENURE RIGHTS AND DUTIES: 9. IPs and communities with Customary Tenure System

NLUA: Provisions on Ancestral Domains

5. IPs and communities with Customary Tenure System

5.1. States and NSAs should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to IPs and communities with customary tenure systems.

5.2. IPs with customary tenure systems that exercise self-governance of land, fisheries and forests should promote and provide equitable, secure and sustainable rights to those resources.

5.3. States should provide appropriate recognition and protection of the legitimate tenure rights of IPs with customary tenure systems. Such recognition should take into account the land, fisheries and forests that are used exclusively by a community and those that are shared, and respect the general principles of responsible governance.

5.4. IPs and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.

5.5. States should consider adapting their policy, legal and organizational frameworks to recognize tenure systems of IPs and other communities with customary tenure systems.

9.8 States should protect IPs and other communities with customary tenure systems against unauthorized use of their land, fisheries and forests by others.

9.10 States and NSAs should strive, together with representative institutions of affected communities to provide technical and legal assistance to communities to participate in the development of tenure policies, laws and projects in non-discriminatory and gender sensitive ways

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NLUANLUA recognizes the IPs/ICC’s right to self determination and acknowledges their right to determine the use of their lands in accordance with their traditions and customs. In line with this, NLUA provides for land use planning in Ancestral Domains. Land Use Plans for AD shall be formulated by the ICCs/IPs themselves in accordance with their needs and traditional resource and management systems with assistance from the NCIP, the LGUs and civil society concerned. Such plans shall be recognized and adopted in the baranggay, city/municipal, provincial, regional and national PFPs (Sec. 7). More specifically, the NLUA provides under Section14-16 Special Areas of Concern pertaining to Ancestral Domain, additional guidelines in land use planning in Ancestral Domains. Ancestral domain policies shall be adopted in the LGU’s land use plan (Sec. 16). The ADMP or the ADSDPP shall be adopted in CLUP and CDP (Sec. 15). Priority areas for agricultural development within the AD shall be developed in accordance with their ADSDPP.

Physical Framework Plans made prior to the delineation of ADs shall, without prejudice to the rights of the ICCs/IP concerned, adopt different land use categories in accordance with their particular needs and traditional resource and management systems.

VGGT Part 2: LEGAL RECOGNITION AND ALLOCATION OF TENURE RIGHTS AND DUTIES: 10 Informal Tenure

NLUA Chapter 3: Special Areas of concern

6. On Recognition of Special Tenure

6.1. Where informal tenure to land, fisheries and forests exist, States should acknowledge it in a manner that respects existing formal rights under national law and in ways that recognize the reality of the situation and promote social, economic and environmental well-being. States should promote policies and laws to provide recognition to such informal tenure.

6.2. States should ensure that all actions regarding informal tenure are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate to the right to adequate housing.



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6.3. States should take all appropriate measures to limit the informal tenure that results from overly complex legal and administrative requirements for land use change and development on land. Development requirements and processes should be clear, simple and affordable to reduce the burden of compliance.

6.4. Where it is not possible to provide legal recognition to informal tenure, States should prevent forced evictions that violate existing obligations under national and international law, and consistent with relevant provisions under Section 16.

NLUAUnder the Special Areas of Concerns the NLUA pays special attention to protecting or reinforcing the tenure rights of the basic sectors that have been previously secured through other existing laws such as the IPRA, UDHA, Fisheries Code and the CARPER.

Chapters 2 (Framework for LU Planning) and 3 (Special Areas of Concern) contain sections that reinforce the tenure rights of basic sectors emanating from existing policies that are related to asset reforms. For the IPs, NLUA fully recognizes the Sustainable Traditional Resource Rights or the rights of ICCs/IPs to sustainably use, manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs, systems and practices.

Also, NLUA mentions of areas accessible to the sea and identified for fisherfolk settlement and housing but are not part of or are not within any protected land use areas shall be allocated to traditional fisherfolk who are inhabitants of the coastal communities and/or members of registered fisherfolk organizations and/or holders of stewardship lease contracts or titles to ancestral domains or any form of property right arrangements who participate in coastal resource management initiatives, subject to the usual census procedures of the Housing and Urban Development Coordinating Council (HUDCC); The State shall endeavor to issue marine tenurial rights to organizations concerned based on a criteria to be established by NLUPC;

Specifically, for the marginalized fisherfolk, areas that are neither sub-classified as mangrove, fisherfolk settlement nor fishpond may be devoted to recreational or tourism; provided, that such undertaking will not result in environmental degradation and displacement of small fisherfolks. In cases where it may not be possible to provide legal recognition to informal tenure, designating recreational or tourism development as land use should prevent forced evictions of the sector that violate existing state obligations.

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For the urban poor and fisherfolk sectors, the NLUA (Art. 9, Settlements Development, Sec. 39) establishes the Socialized Housing Zones thus formalizing recognition to the right to decent housing of these sectors consistent with the provisions for socialized housing of UDHA that established the basis of allocating the informal tenure rights to these sectors.

Each city or municipality in urban or urbanizable and rural areas shall designate lands for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in their territory, pursuant to existing laws and regulations. The designated sites for socialized housing shall be located in residential zones, and shall be zoned as socialized housing zones that are integrated in the city’s or municipality’s zoning ordinance, duly approved by the NLUPC, pursuant to existing laws and regulations. Fisherfolk settlements and housing in coastal municipalities shall be zoned near the sea for easy access to their livelihood as provided under Sections 24 to 26 hereof. (Art. 9, Settlements Development, Sec. 39)

VGGT Part 3: LEGAL RECOGNITION AND ALLOCATION OF TENURE RIGHTS AND DUTIES: 12 Investments

NLUA Four (4) Policy Areas

7. On Public and Private Investments

7.1. State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries and forests that support broader social, economic and environmental objectives under a variety of farming systems. States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.



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NLUAThe NLUA adheres to the understanding of long-term comprehensive land use plan or CLUP of a city or municipality to be consistent with its higher level counterparts: the PCLUP/PPFP, RPFP, and finally, the NFPP, which represent the physical framework plans of the provincial, regional and national levels, respectively. These framework plans generally embody policies on settlements, protected areas, production areas, and infrastructure areas. With areas properly categorized, areas that are open to investments (production, settlements, and infrastructure) are properly delineated and location of investments can be properly sited.

The four policy areas2 correspond to the four generalized land use areas within any given political/administrative unit or territory, i.e. areas for living (settlements), areas for making a living (production), the areas taken up by infrastructures to connect and support the two areas (infrastructure), and the life support systems (protected areas). These four policy areas taken together would leave no part of the territory without appropriate policy cover. The life support systems or protected areas refer to those areas that are not built over but are left in their open character because they perform their function best in that condition, i.e. as a source of fresh food, clean air, safe water, and also as receptor of wastes generated in the settlements, infrastructure, and production areas.

2 Originally conceptualized by E.M. Serote for the National Land Use Committee, the four policy areas became the basic substantive content of the national, regional, and provincial physical framework plans. The same were also

used as a basis for drafting the proposed National Land Use Act which is pending in Congress as of this writing.

VGGT Part 3: ADMINISTRATION OF TENURE: 17 Records of Tenure Rights

NLUA -- Chapter 7: Adoption, Approval and Review of Local Land Use and Physical Framework Plans, Section 69

8. On Records and Tenure Rights

8.1. States should provide recording systems appropriate for their particular circumstances, including the available human and financial resources. Socio-culturally appropriate ways of recording rights of indigenous peoples and other communities with customary tenure systems should be developed and used.

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LIFE SUPPORT SYSTEM

SPACEFOR

LIVING

SPACEFOR MAKING

A LIVING

ANY TERRITORIAL UNIT

GENERAL LAND USE CATEGORIES

GENERAL LAND USE POLICY AREAS

PROTECTED AREASNIPASNon-NIPASProtected agricultural

SETTLEMENT AREAS

PRODUCTION AREAS

INFRASTRUCTURES AREAS

Urban (town centers)

Agricultural

IndustrialCommercialTourism

CroplandsFisheryLivestockForestry

Transport networkSocial infrastructureEconomic infrastructureAdministrative support

Rural (upland, coastland, lowland)Indigenous people’s settlements

(continuation of 8.1)In order to enhance transparency and compatibility with other sources of information for spatial planning and other purposes, each State should strive to develop an integrated framework that includes existing recording systems and other spatial information systems. In each jurisdiction, records of tenure rights of the State and public sector, private sector, and indigenous peoples and other communities with customary tenure systems should be kept within the integrated recording system. Whenever it is not possible to record tenure rights of indigenous peoples and other communities with customary tenure systems, or occupations in informal settlements, particular care should be taken to prevent the registration of competing rights in those areas.

Figure 1. Conceptual Framework on the Four Policy Areas



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NLUAChapter 7 of NLUA, under Sections 69-76 expounded on Adoption, Approval and Review of Local Land Use and Physical Framework Plans, Compiling of Datasets, Updating of Maps, Ground Delineation of Permanent Forest Line, Completion and Updating of Existing Cadastral Surveys. The emphasis being placed on developing an integrated spatial database on information and mapping system is consistent with the VGGT’s purpose to enhance transparency and compatibility of information needed for spatial planning.

The key features of the provisions mentioned include the establishment of the National Spatial Database Information and Mapping System (NSDIMS) to be led by NAMRIA and other supporting agencies. The system shall be responsible for creating a database for the production of base and decision maps for all planning levels of standard scales, and other indicators, based on Planning Guidelines and Standards approved by the NLUPC. In cases of ancestral domains, self-delineation by ICCs/IPs of their ancestral lands shall be employed to determine boundaries as provided for under IPRA. This supports the contention of the VGGTs about records of tenure rights of the State and public sector, private sector, and indigenous peoples and other communities with customary tenure systems should be kept within the integrated recording system.

9. On Rgulated Spatial Planning

9.1. Regulated spatial planning affects tenure rights by legally constraining their use. States should conduct regulated spatial planning, and monitor and enforce compliance with those plans, including balanced and sustainable territorial development, in a way that promotes the objectives of these Guidelines. In this regard, spatial planning should reconcile and harmonize different objectives of the use of land, fisheries and forests.

NLUANLUA cites as a definition of LUP … proper management of land resources by using land in a manner consistent with its natural qualities so that it does not lose its productivity while it is continually made to produce for the benefit of man and other life forms that depend on it.

Article XII, Section 6, Philippine Constitution of 1987 establishes the fact that “The use of property bears a social function, and all economic agents shall contribute to the common good … subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. The State shall then regulate the acquisition, ownership, use, and disposition of property and its increments.”

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It is from this context that the NLUA is seen to serve as a key implementing policy in the administration of tenure, specifically in pursuing Regulated Spatial Planning section of the VGGTs. The State and its counterpart, the LGUs, have been given the mandate by the LGC (RA 7160) Section 447 (a) (2), RA 7160

• (vi) Prescribe reasonable limits and restraints on use of property within the jurisdiction of the municipality;

• (vii) Adopt a comprehensive land use plan for the municipality: Provided, that the formulation, adoption, or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan;

• (viii) Reclassify land within the jurisdiction of the municipality, subject to the pertinent provisions of this Code;

• (ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan

NLUA also proposed a set of Categories of Land Uses for planning purpose (Chapter 2, Section 6) particularly in determining and defining the national, regional and provincial framework and CLUP.

In designating the use of land according to the 4 categories, the State through the NLUPC regulates and limits in that:

Certain areas (lands classified under Protection Land Use) are generally restricted from being used for other purposes aside from their intended use or function which are primarily for rehabilitation, conservation and protection purposes and the promotion of the country’s ecological and life-support systems. Planning for protection land use intends to achieve environmental stability and ecological integrity, ensure a balance between resource use and the preservation of some areas with environmental, aesthetic, educational, cultural and historical significance, and protect people and human-made structures from the ill effects of natural hazards. Tenurial right of farmers to keep prime agricultural lands from conversion is part of the lands that are subject for protection land use.

Caution is also provided, in the determination of the functional uses of lands within ancestral domains. The NLUA emphasizes that other sub-categories of land uses in delineated ancestral domains may be formulated by the concerned ICCs/IPs themselves in accordance with their particular needs and traditional resource and management systems.

a)



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Use of land through the land use planning process is guided by these 4 categories. Individual and entities that will violate these standards may be held liable under the NLUA as provided for in stipulations of penalties and sanctions. This is consistent with the VGGT that sees the role of the State in regulated spatial planning, to include monitoring and enforcement to ensure compliance with those plans, including balanced and sustainable territorial development

This regulation function of the State of the land shall be aided by the use of a set of standards prescribed in the NLUA (and prescribed by the NLUPC). The need for setting standards in the land use planning process is to ensure the protection of land and its resources as well as to eradicate unabated and indiscriminate use of land which lead to its destruction and displacement of affected stakeholders.

The NLUA through the NLUPC and the local land use bodies regulates and monitors the land use planning process and ensures that the standards set forth in the law will be followed in relation to allocation and use of land.

The adoption of the four (4) land use categories being put forward in the proposed NLUA, if implemented efficiently and effectively, will result in responsible use of land which will lead to sustainable use of our land and resources, thus ensuring food security and abundance of resources for the future generation, as well as minimizing effects of natural calamities – the goal of regulated spatial planning.

9.2 States should ensure that regulated spatial planning is conducted in a manner that recognizes the interconnected relationships between land, fisheries and forests and their uses, including the gendered aspects of their uses. States should strive towards reconciling and prioritizing public, community and private interests and accommodate the requirements for various uses, such as rural, agricultural, nomadic, urban and environmental. Spatial planning should consider all tenure rights, including overlapping and periodic rights. Appropriate risk assessments for spatial planning should be required. National, regional and local spatial plans should be coordinated.

NLUAOn Interconnected relationships. The NLUA’s objectives of food security, sustainable use and conservation of resources are the primary considerations for the land use standards to be applied in the use of land, forests and fisheries. Sec. 2 of NLUA under the Declaration of Policies highlights a policy of the State to … treat groups of islands, including parts of islands, interconnecting waters and other natural features which are so closely related as forming an intrinsic geographical, economic and political entity.

b)

c)

d)

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This policy describes its full recognition of the interconnected relationships between land, forest and water resources and addressed thru regulated spatial planning. In relation to this, the different provisions under the Special Areas of Concern that specify the guidelines in use of land, fisheries and forests further expound on ways to address this inter-connectedness to achieve the objectives of the NLUA.

On objective of spatial planning. In relation to the objective of spatial planning to be also able to reconcile and harmonize different objectives of the use of land, fisheries and forests and consider all tenure rights including overlapping and periodic rights, this is being addressed by the various provisions on roles and functions of the implementing structures (NLUPC, RLUPC, PLUPC, local LU Boards) that include among others, “Integrate and harmonize all laws and policies relevant to land use in order to come up with a rational, cohesive, and comprehensive national land use framework” and, “Resolve policy conflicts on land uses between or among agencies, branches or levels of government and unresolved LU policy conflicts at the regional level”. These powers and functions of the NLUPC also resonate at the regional and local levels through the RLUPC and PLUP Board.

The important function of the NLUA in pursuit of the objective to reconcile and harmonize the different objectives of the various uses of land while considering all tenure rights as espoused in the VGGTs, presents the most compelling reasons for the need to have a national policy on land use. First, this is in response to the common recognition about the perceived inadequacy of existing Land Use policies to address the issue of conflicting land use issues. The NLUA hopes to address this gap by developing a framework that facilitates the process of determining priorities for land use across sectors while putting a premium on long-term sustainability, local productive capacity and over-all social equity. Secondly, while there are national laws on land regulation that apply to public domain (NIPAS, IPRA); there is no national law that covers land use regulation for private domain. This power has been devolved to the Local Government Units through the mandated formulation of the Comprehensive Land Use Plans (CLUPs) and the accompanying Zoning Ordinances (ZO) and thus, the process becomes discretionary to the LGUs if pursued without making reference to any national law. Without the NLUA, regulation of tenure (as provided in existing national laws) stands to be limited to national government functions which may not necessarily be carried or reflected in the regulation of land use being held as a function of the LGUs through the CLUP.



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VGGT Part 1: RESPONSES TO CLIMATE CHANGE AND EMERGENCIES

NLUA Chapter 2: Section 6: FRAMEWORK FOR LAND USE PLANNING

10. On Responses to Climate Change and Emergencies

10.1 States should ensure that the legitimate tenure rights to land, fisheries and forests of all individuals, communities likely to be affected with an emphasis on small-scale food producers and vulnerable, marginalized people are respected and protected by laws

10.2. States should strive to prepare and implement strategies with the participation of all people, women and men, who may be displaced due to climate change.

10.2. Ensure participation of all individuals with emphasis on farmers and small scale producers and vulnerable people who have legitimate tenure rights of the negotiation and implementation of mitigation and adaptation programs.

NLUASec. 6 of the NLUA defines the areas to be placed under the Protection Land Use Category to include geo-hazard prone areas and high risk/danger zones and the identification of risk reduction measures to ensure the prioritization of life and safety. Specifically identified and assessed extremely hazardous and high-risk/ danger zones should be protected and cleared from all forms of human-made obstacles, obstructions to ensure and secure public health and safety. The NLUA does not explicitly contain provisions on the implication of a land use protection policy covering high risk areas to the tenurial rights of the affected fisherfolk community. However, other existing policies such as the Climate Change Act of 2011 and the RA 10121 or the Disaster Risk Reduction and Management Act of 2012 would complement such apparent policy gap. The case of current policy on “no build zone” or the “no dwelling zone” policy envisioned to be applied in Yolanda stricken areas located along the coastlines, the application of these policies -- the Climate Change Act of 2011 and the RA 10121 or the Disaster Risk Reduction and Management Act of 2012 that require the formulation of the DRRM Plan and the Climate Change Action Plan factor in proper consultation and consideration of the tenurial concerns of the affected vulnerable sectors.

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As required in the NLUA, (and required by the LGC) LGUs formulate their respective CLUPs. Areas subject to protection policy will be properly identified including the so called high-risk/danger zones. Concerns as to the capacities of the LGUs as well as those of the concerned agencies and key stakeholders in the implementation of the approved CLUPs and the corresponding investment plans and programs have been consistently raised.



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Conclusions


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NLUA appears to serve as a key policy response to relevant provisions in the VGGT on administration of tenure especially pertaining to “Regulated Spatial Planning” section of the Guidelines. There is more of a convergence in the provisions (between the NLUA and the VGGT) and none that are in conflict.:

The proposed bill – NLUA – reflects substantially the objectives, principles and policies of the Voluntary Guidelines; these policies and principles are key to achieving the objectives of the VGGT which are to provide/secure tenure rights to land, forests and fisheries.

1.

2.

Conclusions:

It had to be emphasized though that as a policy document, NLUA primarily focuses on the regulation of land use, and not on allocation, management and development functions. Covering the function for land management (of the NLUA) for example already collides with or encompasses the function of other agencies such the LRA, DOJ, etc.

This significance of this “substantial compliance” of the NLUA to the provisions of the VGGT is important given the fact that the latter do not establish automatic and binding applications as a national policy. The NLUA, if enacted, then effectively serves as a national policy that complements and concretizes the principles and standards enunciated in the VGGT.

There are specific areas and provisions of the VGGT (e.g. General Matters) that directly resonate with relevant sections of the NLUA such as the implementation principles on gender equality, holistic and sustainable approach, consultation and participation, transparency and accountability, and provisions for continuous improvement. (Principles of Implementation).

3.

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VGGT and the NLUA Conclusions

There is a need to review the roles and function of the NLUPC and its counterpart at the regional and local levels. By relegating to these bodies all the functions – policy formulation, policy execution and adjudication functions, the criticism that is currently being leveled to HLURB (prescribes guidelines, and at the same time assumes adjudication functions) would also apply to the proposed structures of NLUA.

The VGGT Administration of Tenure specifically the section on Regulated Spatial Planning, the significance of NLUA as a NATIONAL policy that primarily focuses on land use regulation is furthermore highlighted as it addresses 2 major gaps on spatial planning namely:

a. Inadequacy of land use policies that address conflicting land uses;

b. Absence of a national policy that will guide/regulate land uses involving private domain.

4.

5.

At the local level for example, a Local Zoning Board of Adjudication and Adjustments (adjudicate cases, issue permits on applications that are not clear in the provisions of the ZO or decide on its non-issuance or to disallow such application is convened in order that such decisions are not solely relegated to the discretion of the Zoning Officer.

Also, the policy, legal, and organizational framework related to tenure governance are substantially covered/expounded in the proposed Implementing Structure of NLUA at the national, regional and local levels. This structure/mechanism is also complemented by commensurate financial and technical capacities being suggested to ensure that the roles and functions defined (NLUPC and its counterpart at the lower levels) and services are carried out faithfully. (Policy, legal & organizational framework; Delivery of Services)


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With the NLUA in place, we can therefore look forward to uniformity in the application of policies and planning standards at all levels that now includes integration of tenure rights (that cover ownership, acquisition and disposition rights) with land use regulation (currently a devolved power/function) – which is the essence and the contention of the VGGT’s regulated spatial planning.

Thus, NLUA brings closer the realization of the vision of the VGGT, that spatial planning considers all tenure rights, including overlapping and periodic rights and coordinates national, regional and local spatial plans.


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Annex in CD-ROM:• MATRIX: Voluntary Guidelines on the Responsible Governance of

Tenure of Land, Fisheries and Forests in the Context of National Food Security (VG) and the National Land Use and Management

Act (NLUMA, filed in the 16th Congress as HB 108, approved in the 15th Congress as HB 6545)

ANNEX A. MATRIX: Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VG) and the National Land Use and Management Act (NLUMA, filed in the 16th Congress as HB 108, approved in the 15th Congress as HB 6545)

Voluntary Guidelines HB 6657 COMMENTS PART 1: PRELIMINARY CHAPTER 1. INTRODUCTORY PROVISIONS 1. Objectives

SECTION 2. DECLARATION OF POLICIES. It is the policy of the State to:

1.1 These Voluntary Guidelines seek to improve governance of tenure of land*, fisheries and forests. They seek to do so for the benefit of all, with an emphasis on vulnerable and marginalized people, with the goals of food security and progressive realization of the right to adequate food, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social and economic development. All programmes, policies and technical assistance to improve governance of tenure through the implementation of these Guidelines should be consistent with States’ existing obligations under international law, including the Universal Declaration of Human Rights and other international human rights instruments.

1. Provide for a rational, holistic and just allocation, utilization, management, and development of the country's land and water resources so that their use is consistent with the principles of equity, social justice, environmental integrity and sustainable development for the common good;

2. Hold owners and users of land responsible for

developing and conserving their lands thereby making these productive and supportive of sustainable development and environmental stability in accordance with the principle that the use of land bears a social function and that all economic agents shall contribute to the common good;

3. Treat groups of islands, including parts of

islands, interconnecting waters and other natural features which are so closely interrelated, as forming an intrinsic geographical, economic and political entity, or which historically have been regarded as such entity;

4. Strengthen the capacity of the local government

units (LGUs) to manage and maintain ecological

• The NLUMA is in line with the objectives of the Voluntary Guidelines (VG) which is to improve governance of tenure of land, fisheries and forests. The coverage of NLUMA, which reflects the ridge to reef principle encompasses land, fisheries and forests mentioned in the Voluntary Guidelines.

• The primary objective of the NLUMA as reflected in its Declaration of policies is to provide of a rational, holistic and just allocation, utilization, management and development of the country’s land and water resources. Said objective reflects the essence of instituting land governance reforms.

• The objective of the VG to improve governance of land tenure for the benefit of all, (with emphasis on vulnerable and marginalized people with the goals of food security and progressive realization of the right to adequate food, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, environmental protection and sustainable social and economic development) is further

Voluntary Guidelines HB 6657 COMMENTS balance within their territorial jurisdiction, in partnership with the national government in accordance with the Philippine Constitution and Republic Act 7160 or the Local Government Code of 1991.

Toward this end, the State shall institutionalize land use and physical planning as a mechanism for identifying, determining, and evaluating appropriate land use and allocation patterns that promote and ensure: 1. Maintenance and preservation of environmental

integrity and stability; 2. Sustainable and just management and utilization

of natural resources; 3. Disaster risk reduction and climate risk-based

planning; 4. Protection of prime agricultural lands for food

security, with emphasis on self-sufficiency through efficient and sustainable use of land resources consistent with the principles of sound agricultural development, natural resources development, and agrarian reform;

5. Protection and conservation of the country’s

natural heritage, permanent forest lands, natural forests, critical watersheds and key biodiversity areas to ensure adequate forest cover to maintain ecological processes in the country;

6. Sustainable development and management of

water resources.

specified in Nos. 1-9, Section 2, Second Paragraph

• The NLUMA included in its declaration of policies a categorical statement recognizing the archipelagic doctrine to cover municipal waters.

1.2 These Guidelines seek to:

1. Improve tenure governance by providing guidance and information on internationally accepted practices for systems that deal w i th the r ights to use, manage and control land, fisheries and forests.

2. Contribute to the improvement and development of the policy, legal and o rgan i z a t i o na l frameworks regulating the range of tenure rights that exist over these resources.

3. Enhance the t ransparency and improve the funct ion ing of tenure systems.

In relation to 1.2 (3) Please refer to Section 98 (Access to Information)

4. strengthen the capacities and operations of implementing agencies; judicial authorities; local governments; organizations of farmers and small-scale producers, of fishers, and of forest users;

In relation to 1.2 (4) The land use framework proposed in the NLUMA seeks to guide national agencies, including the NLUPC created under this bill,

Voluntary Guidelines HB 6657 COMMENTS pastoralists; indigenous peoples and other communities; civil society; private sector; academia; and all persons concerned with tenure governance as well as to promote the cooperation between the actors mentioned.

7. Settlements, transportation and other infrastructure development in support of inclusive growth and rural, urban and regional development;

8. Improved access to affordable housing by

increasing its supply through direct allocation, better access to unutilized lands, and multiple use and higher densities, where appropriate;

9. Respect for and protection of the traditional

resource right of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains; compliance with free and prior informed consent of ICCs/IPs; and recognition of customary laws and traditional resource use and management, knowledge, and practices in ancestral domains;

10. Equitable access to land through State

intervention that guarantees its affordability to the basic sectors;

11. Energy security or energy self-sufficiency;

and

12. Meaningful participation of the basic sectors.

as well as local government units in determining the allocation and use of land within their jurisdiction and territories (See Chapters 2- 6, Sections 5-66)

SECTION 3. Scope. This Act shall apply to all lands and all resources therein, whether public, private, government-owned, and/or in the possession of any person(s), whether natural or juridical and shall guide the rational, holistic and just allocation, utilization, development and management of the country's land and water resources including such activities that bear impact on said resources.

Voluntary Guidelines HB 6657 COMMENTS

2. Nature and scope

2.1 These Guidelines are voluntary.

2.2 These Guidelines should be interpreted and applied consistent with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. They are complementary to, and support, national, regional and international initiatives that address human rights and provide secure tenure rights to land, fisheries and forests, and also initiatives to improve governance. Nothing in these Guidelines should be read as limiting or undermining any legal obligations to which a State may be subject under international law.

2.3 These Guidelines can be used by States; implementing agencies; judicial authorities; local governments; organizations of farmers and small- scale producers, of fishers, and of forest users; pastoralists; indigenous peoples and other communities; civil society; private sector; academia; and all persons concerned to assess tenure governance and identify improvements and apply them.

In relation to 2.3 The land use framework proposed in the NLUMA seeks to guide national agencies, including the NLUPC created under this bill, as well as local government units in determining the allocation and use of land within their jurisdiction and territories (See Chapters 2- 6, Sections 6-66)

2.4 These Guidelines are global in scope. Taking into consideration the national context, they may be used by all countries and regions at all stages of economic

Voluntary Guidelines HB 6657 COMMENTS development and for the governance of all forms of tenure, including public, private, communal, collective, indigenous and customary.

2.5 These Guidelines should be interpreted and applied in accordance with national legal systems and their institutions.

PART 2: GENERAL MATTERS This part addresses aspects of the governance of tenure of land, fisheries and forests with regard to rights and responsibilities; policy, legal and organizational frameworks; and delivery of services. In the context of governance of tenure States have obligations under applicable international human rights instruments. Part 2 should be read in accordance with paragraph 2.2.

3. Guiding principles of responsible tenure governance

3A General principles

3.1 States should:

1. Recognize and respect all legitimate tenure right holders and their rights. They should take reasonable measures to identify, record and respect legitimate tenure right

2

Voluntary Guidelines HB 6657 COMMENTS holders and their rights, whether formally recorded or not; to refrain from infringement of tenure rights of others; and to meet the duties associated with tenure rights.

2. Safeguard legitimate tenure rights against threats and infringements. They should protect tenure right holders against the arbitrary loss of their tenure rights, including forced evictions that are inconsistent with their existing obligations under national and international law.

3. Promote and facilitate the enjoyment of legitimate tenure rights. They should take active measures to promote and facilitate the full realization of tenure rights or the making of transactions with the r ights, such as ensuring that services are accessible to all.

4. Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes.

5. Prevent tenure disputes, violent conflicts and corruption. They should take active measures to prevent tenure disputes

Voluntary Guidelines HB 6657 COMMENTS from arising and from escalating into violent conflicts. They should endeavour to prevent corruption in all forms, at all levels, and in all settings.

3.2 Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to

2

Voluntary Guidelines HB 6657 COMMENTS protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.

3B Principles of implementation

These principles of implementation are essential to contribute to responsible governance of tenure of land, fisheries and forests.

1. Human dignity: recognizing the inherent dignity and the equal and inalienable human rights of all individuals.

2. Non-discrimination: no one should be subject to discrimination under law and policies as well as in practice.

3. Equity and justice: recognizing that equality between individuals may require acknowledging differences between individuals, and taking positive action, including empowerment, in order to promote equitable tenure rights and access to land, fisheries and forests, for all, women and men, youth and vulnerable and traditionally marginalized people, within the national context.

4. Gender equality: Ensure the equal right of women and men to the enjoyment of all human rights, while acknowledging differences between women and men and

Voluntary Guidelines HB 6657 COMMENTS taking specific measures aimed at accelerating de facto equality when necessary. States should ensure that women and girls have equal tenure rights and access to land, fisheries and forests independent of their civil and marital status. 5. Holistic and sustainable approach: recognizing that natural resources and their uses are interconnected, and adopting an integrated and sustainable approach to their administration.

Section 2 (1): Declaration of Policies SECTION 2. Declaration of Policies and Principles. It is the policy of the State to:

1. Provide for a rational, holistic and just allocation,

utilization, management, and development of the country's land and water resources so that their use is consistent with the principles of equity, social justice, environmental integrity and sustainable development for the common good;

xxx xxx xxx

This is embodied/operationalized in Chapters 2-6. Sections 6-66

6. Consultation and participation: engaging with and seeking the support of those who, having legitimate tenure rights, could be affected by decisions, prior to decisions being taken, and responding to their contributions; taking into consideration existing power imbalances between different parties and ensuring active, free, effective, meaningful and informed participation of individuals and groups in associated decision-making processes.

SECTION 2. Declaration of Policies and Principles. It is the policy of the State to: xxx xxx xxx

12. Meaningful participation of the basic sectors.

• Public participation is one of the salient features of NLUMA

• It ensures that in all levels of planning and policy making, the stakeholders, particularly the sectors are given an opportunity to actively take part in the process.

• In relation to this, the NLUMA further ensures women participation in these processes as it specifically provides that half of the sectoral representatives in all levels be women

Chapter 2 Framework for Land Use Planning, Section 7

• The NLUMA recognizes the right of the IPs to self determination. It recognizes and

Voluntary Guidelines HB 6657 COMMENTS SECTION 7. Land Use Plans for Ancestral Domains. Land use plans of ancestral domains shall be formulated by the ICCs/IP themselves in accordance with their particular needs and traditional resource and management systems with the assistance of the NCIP, the LGUs and civil society organizations (CSOs) concerned. Such plans shall be recognized and adopted in the barangay, city/municipal, provincial, regional and national physical framework plans. Physical framework plans made prior to the delineation of ancestral domains included in such plans or ordinances shall, without prejudice to the rights of the ICCs/IP concerned, adopt different land use categories in accordance with their particular needs and traditional resource and management systems. In cases where there are no ADSDPPs, the LGU and the ICCs/IP shall jointly formulate the land use plan within the ancestral domain until such time that the ICCs/IPs have formulated their ADSDPPs.

respects the traditional and customary methods/processes of the IPs in designating/allocating the use of lands in AD. Thus the NLUMA provides that in Ads the IPs shall formulate their land use plans

Chapter 3 Special Areas of Concern, Article 5 (Forest Lands and Reservations of Watershed), Section 19 SECTION 19. Reversion of Alienable and Disposable Lands to Forestlands. Upon the recommendation of the DENR Secretary, duly reviewed and endorsed by the National Land Use and Policy Council (NLUPC), and after due consultations with the concerned LGUs and the affected parties, Congress may authorize the reversion of alienable and disposable lands of the

Voluntary Guidelines HB 6657 COMMENTS public domain or portion thereof to forestlands. Chapter 3 Special Areas of Concern, Article 5 (Forest Lands and Reservations of Watershed), Section 20

SECTION 20. Critical Watershed Areas. The DENR, in coordination with the DA, the LGUs concerned, and other government agencies, including government-owned and-controlled corporations, and after mandatory public hearings/consultations, shall identify and delineate critical watershed areas that need to be protected, rehabilitated, enhanced, and/or withdrawn from uses that contribute to their further degradation.

Chapter 3 Special Areas of Concern, Article 5 (Forest Lands and Reservations of Watershed), Section 21 SECTION 21. Formulation and Implementation of Integrated Watershed Management Plans. With the assistance of the DENR and upon mandatory consultations with the concerned sectors and communities, the LGUs, through their local land use boards, shall prepare their watershed management plans which shall be integrated into their respective CLUPs. The formulation and integration of the plan shall be guided, among others, by the principle of the management and development of inland water resources shall be at the watershed level and consistent with the National Forestry Master Plan (NFMP). The DENR and the concerned LGUs shall jointly implement the watershed management plan subject

Voluntary Guidelines HB 6657 COMMENTS to regular consultations with and involvement of the community and other stakeholders in the implementation of the plan. Chapter 3 Special Areas of Concern, Article 6 (Coastal Zones), Section 26 SECTION 26. Zoning of Coastal Areas. LGUs, in coordination with the DENR, the FARMCS, local fisherfolk organizations and other affected sectors such as women and youth, shall conduct the Coastal Zoning Resource Management Plan (CZRMP) which shall be incorporated in the CLUP. Management zones defined in the CZRMP should be reflected in the CLUP and the subsequent ZO.

Chapter 3 Special Areas of Concern, Article 11 (Tourism Development Areas), Section 46 SECTION 46. Criteria for Designating Tourism Development Areas. The identification, selection, and development of tourism development areas and tourism estates shall be done in consultation and coordination with the concerned LGUs, national government agencies, the private sector and the affected communities. Tourism development areas shall likewise include those covered by legislative and executive issuances such as tourist spots, tourist zones and tourism ecozones which can be developed into tourism estates or integrated resort, leisure and recreation complexes and other tourism-related facilities as well as those identified in the national, regional, and area-specific tourism master plans and other sector plans, such as ecotourism and agri-tourism sites; Provided, That such sites designated for tourism development are outside of areas identified for protection land use.

Voluntary Guidelines HB 6657 COMMENTS As much as practicable, community-based tourism shall be the principal mode of tourist spot operation. The laws on CARPER, IPRA, UDHA, Fisheries Code, AFMA, Local Government Code and the National Ecotourism Strategy shall apply in all tourist zones and tourist development areas. Designated areas for tourism development shall become part of the CLUPs and ZOs of the cities or municipalities where these are located. Chapter 3 Special Areas of Concern, Article 11 (Tourism Development Areas), Section 46 SECTION 47. Identification and Preservation of Cultural Heritage. In accordance with Republic Act No. 10066 or the National Cultural Heritage Act of 2009, the National Historical Commission of the Philippines (NHCP), the National Museum (NM), and the National Commission for Culture and the Arts (NCCA) in coordination with other concerned agencies, local communities, and the private sector, shall identify and declare areas and structures which shall be protected and/or preserved as part of Philippine cultural heritage. The NHCP and the NM in consultation with the NCCA and the HLURB shall designate heritage zones to protect the historical and cultural integrity of a geographical area significant to national history. The LGUs in consultation with the NHCP, the NM, and the NCCA shall designate heritage zones to protect the historical and cultural integrity of geographical areas and cultural spaces of intangible cultural properties, which are significant to a city/ municipality and the community.

Voluntary Guidelines HB 6657 COMMENTS Chapter 3 Special Areas of Concern, Article 12 (Infrastructure Development), Section 48

SECTION 48. Allocation and Use of Land for Infrastructure Development. Land, whether public or private, shall be allocated and utilized for priority infrastructure projects that are supportive of national or local development objectives. The National Economic and Development Agency (NEDA), in consultation with the concerned national government agencies, LGUs, and the private sector shall identify and periodically review, update and/or revise the list of priority infrastructure projects under an over-all national strategic infrastructure development plan subject to the provisions of this Act, AFMA and IPRA; Provided, That such national strategic infrastructure development plan shall be consistent and integrated in the objectives and directions of the NPFP. xxx xxx xxx

Chapter 4: Physical Framework and Land Use Plan, Section 50 SECTION 50. National Land Use Planning Process. The physical framework and land use planning process shall be participatory, following a combined bottom-up and top-down approach, with mandatory public hearings/consultations conducted at all levels, and shall consider available and updated multidisciplinary scientific information of land uses. A set of national policy guidelines and standards

The participation of the concerned stakeholders is highlighted in the formulation of the national policy guidelines It is also important to note that in the local land use bodies; there are sectoral representatives and other stakeholders. (Please refer to Section 63 (Composition of the PLUPMB), Sec. 66 (Composition of the C/MLUPMB)

Voluntary Guidelines HB 6657 COMMENTS for physical planning shall be formulated by the National Land Use Policy Council (NLUPC). These shall guide the preparation and formulation of the national, regional and provincial physical framework plans (NPFP/RPFP/PPFP) and city/municipal comprehensive land use plans (CLUP). These standards shall give due consideration to conflicting uses and areas being used, declared or designated for agrarian reform, protected areas, coastal resource management and/or ancestral domains. The National Physical Framework Plan (NPFP) shall define the national strategy and objectives of the country’s urban, rural and regional development. It shall guide the rational distribution of population, access to economic opportunities and social services, sustainable utilization of resources, and maintenance of environmental integrity. xxx xxx xxx

Chapter 4: Physical Framework and Land Use Plan, Section 51 SECTION 51. National Physical Framework Plan. The NPFP shall guide the planning and management of the country's land and other physical resources at the national and sub-national levels, and indicate broad spatial directions and policy guidelines on protection land use, production land use, settlement development and infrastructure development. The NPFP shall be the basis for adopting the land use and physical planning-related guidelines, including zoning and other land use control standards that will guide the formulation of city/municipal zoning ordinances.

Voluntary Guidelines HB 6657 COMMENTS The NLUPC, in consultation with concerned sectors and communities shall update the NPFP after such period that objectives and goals set by the NPFP have been substantially achieved. It shall also formulate and issue the appropriate planning guidelines and standards through which all physical planning and land use and management of resources shall be reviewed, prepared, formulated and monitored. The resulting land use plan/physical framework shall be the basis for the identification, formulation and development of national and local development plans, programs, projects and activities of government at all levels. Chapter 4: Physical Framework and Land Use Plan, Section 54 SECTION 54. City and Municipal Land Use Plans (CLUPs). All barangays shall provide their sectoral, temporal and spatial data for the CLUP which shall serve as the foundation for the formulation of the city/municipal CLUPs. The data shall be provided by the Sangguniang Pambarangay through stakeholder consultations. The Comprehensive Land Use Plan (CLUP) shall determine the specific uses of land and other physical and natural resources, both private and public, within their territorial jurisdiction including areas co-managed with the national government and, as appropriate, management plans for ancestral domains, critical watersheds, river basins, and protected areas. The CLUP shall delineate actual boundaries on the ground within the territorial jurisdiction, embody the

Voluntary Guidelines HB 6657 COMMENTS desired land use patterns of the barangay, city or municipality, translate and integrate sectoral plans, and provide appropriate policies for each of the four land use planning categories. The spatial directions prescribed in the CLUP shall serve as the basis for the preparation and formulation of the Comprehensive Development Plan (CDP) and Local Development Investment Programs (LDIP) of the LGUs. Consistent with the national standards and guidelines prescribed in Section 50, the cities and municipalities shall, in consultation with the concerned sectors, prepare their respective CLUPs. The City/Municipal Land Use Planning and Management Board (C/MLUPB), created under this Act, shall be responsible for the preparation and formulation of the CLUP and ensure its consistency with national and regional physical planning guidelines and standards. Under the general supervision of the respective C/MLUPB, the City/Municipal Planning and Development Coordinator/Office (C/MPDC/PDO) shall provide technical, secretariat and administrative support in the preparation, consultation, integration and formulation process of the respective CLUPs of each city or municipality. The CLUPs shall be submitted by the city/municipal local development councils (LDC) for adoption and approval of the Sangguniang Bayan (SB). The approved CLUPs shall be submitted to the province for integration into the PPFP. Chapter 5. Implementing Structure and Mechanism, Section 56

Voluntary Guidelines HB 6657 COMMENTS SECTION 56. Composition of the NLUPC. The NLUPC shall be headed by the Secretary of the NEDA as Chairperson. It shall choose a Vice Chairperson from among the members of the Council, who shall assume the functions of the Chairperson in case of absence. The NLUPC shall meet at least once every quarter. The members of the Council shall be the following: xxx xxx xxx 9. Two (2) representatives each from four (4)

basic sectors directly involved in land use, namely: urban poor, peasants, fisherfolk, and indigenous peoples who shall be appointed by the respective National Anti-Poverty Commission (NAPC) sectoral councils. Of the eight (8) sectoral representatives, at least four (4) shall be women; xxx xxx xxx

Chapter 5. Implementing Structure and Mechanism, Section 59 SECTION 59. Functions of the NLUPC Secretariat. The Secretariat shall have the following functions: xxx xxx xxx 5. Call on any department, bureau, office, agency,

or instrumentality of the government, and/or private entity and organizations for cooperation, support, and assistance in the performance of

Voluntary Guidelines HB 6657 COMMENTS its functions;

xxx xxx xxx Chapter 9. Training, Education and Values Formation, Section 78 SECTION 78. Values Formation. In order to develop a well-informed, responsible and committed citizenry who value the protection, conservation and development of the country's limited land, and other physical resources, the State shall mandate the inclusion of sustainable land use education or any subject related thereto in the curricula of primary, secondary and tertiary education.

Chapter 9. Training, Education and Values Formation, Section 79 SECTION 79. Information/Education Campaign and Capacity Building The NLUPC shall undertake a nationwide information/education campaign on land use and physical planning to be implemented by local and national government agencies. The DILG and concerned agencies shall formulate and implement a land use management capability building program for national and local government officials, community leaders, representatives of NGOs, POs, the religious sector, and the general public.

7. Rule of law: adopting a rules-based approach through laws that are widely publicized in applicable languages, applicable to all, equally enforced and

Voluntary Guidelines HB 6657 COMMENTS independently adjudicated, and that are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. 8. Transparency: clearly defining and widely publicizing policies, laws and procedures in applicable languages, and widely publicizing decisions in applicable languages and in formats accessible to all.

Chapter 11. Transitory and Final Provisions, Section 98 SECTION 98. Access to Information. Access to records and documents pertaining to official acts, transactions, or decisions as well as to data used as basis for policy development by the NLUPC shall be made available to the public.

9. Accountability: holding individuals, public agencies and non- state actors responsible for their actions and decisions according to the principles of the rule of law.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 82 SECTION 82. Fine for Failure to Commence or Complete the Development of Agricultural Lands with Approved Conversion Order. For agricultural lands with approved conversion orders, the provisions of Republic Act 6657 (CARL), as amended by Republic Act 9700, shall apply. The landowner and/or the designated developer or duly authorized representative who or which fail/s to commence and/or complete the development plan defined in the conversion order shall be jointly and severally penalized, The following fines based on the zonal value of the land at the time the fine shall be imposed:

1. Failure to commence within one (1) year from

the date of the conversion order:

Sanctions and Penalties

Voluntary Guidelines HB 6657 COMMENTS a. Six percent (6%) for the first three hectares; b. Fifteen percent (15%) for the next three

hectares; and c. Thirty percent (30%) for the remaining area. In such case, the order of conversion shall be revoked by operation of law. The land shall revert to its original use as agricultural land and shall be covered by the DAR through compulsory acquisition for distribution to qualified beneficiaries. 2. Failure to complete sixty percent (60%) of the

approved conversion plan within a specified time frame shall result to the automatic revocation by the DAR of the conversion plan on the undeveloped portion. The land shall be reverted to its original use as agricultural land and shall be covered under the CARP for land distribution.

Chapter 10. Incentives, Sanctions and Penalties,

Article Two (Sanctions and Penalties), Section 83 SECTION 83. Persons Abetting Illegal Conversion. Any person initiating, causing, inducing, or abetting illegal conversion shall be punished with imprisonment from six (6) to twelve (12) years or a fine of not less than One Hundred Thousand Pesos (P100,000.00), or both at the discretion of the court. If the offender is a public official or employee, whether elected or appointed, the penalty shall also include dismissal from service, forfeiture of all benefits and entitlements accruing to the public position, and perpetual disqualification to run or apply for any elective or appointive public office.

Voluntary Guidelines HB 6657 COMMENTS If the offender is a juridical person, the penalty of imprisonment shall be imposed on the president, chief executive officer, manager, chairperson and all the members of the board, and other responsible officers thereof. The imposable fine shall be equivalent to the zonal value of the land or forty percent (40%) of the shareholders equity, whichever is higher. Furthermore, the land shall be forfeited in favor of the State and sold through public auction. The proceeds of the sale shall automatically accrue to the agrarian reform fund.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 84 SECTION 84. Penalty for Reclassification of Protected Agricultural Lands and Exceeding the Limit of Areas Allowed for Reclassification. Any person initiating, causing, inducing, or abetting the reclassification to non-agricultural uses of protected agricultural areas as defined in Section 13 hereof shall be penalized with imprisonment of twelve (12) years or a fine of not less than One Hundred Thousand Pesos (P100,000.00), or both at the discretion of the court. If the offender is a public official or employee, the penalty shall, also include dismissal from service, whether elected or appointed, forfeiture of entitlements accruing to the public position, and perpetual disqualification to run or apply for any elective or appointive public position. If the offender is a juridical person, the penalty shall be imposed on the president, chief executive officer, manager, chairperson and all the members

Voluntary Guidelines HB 6657 COMMENTS of the board, and other responsible officers thereof. The same penalty shall be applicable to persons who will be responsible for exceeding the limits set forth under Section 20 of the Local Government Code pertaining to reclassification of lands.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 85 SECTION 85. Payment of Disturbance Compensation. Following the order of priority stated in Section 22 of R.A. 6657, as amended by R.A. 9700, agricultural lessees and share tenants, regular farm workers, seasonal farm workers, other farm workers, actual tillers or occupants of public lands, collective, or cooperative of the above beneficiaries, and others directly working on the land affected by agricultural land use conversion, shall be entitled to the payment of disturbance compensation equivalent to five (5) times the average of the gross harvests on the landholding during the preceding five (5) calendar years or a certain percentage of the converted land, whichever is higher, as determined by the DAR.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 86 SECTION 86. Authority to Impose Fine. The DAR shall have the authority to impose the penalty provided under the preceding section.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 87 SECTION 87. Withdrawal of Local Development

Voluntary Guidelines HB 6657 COMMENTS Permits and/or Licenses. Upon receipt of notice from the DAR, the concerned agencies, city or municipality shall withdraw and/or revoke any development permit and/or other licenses that may be necessary to develop the agricultural land subject of conversion.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 88 SECTION 88. Utilization of Fines. The fines collected under Section 84 hereof shall automatically accrue to the Agrarian Reform Fund consistent with the provision of the Comprehensive Agrarian Reform Law.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 89 SECTION 89. Failure to Formulate, Implement and/or Enforce the CLUPs and Zoning Ordinances (ZOs). Consistent with due process, the NLUPC, in coordination with the DILG, shall investigate, review, and recommend the filing of charges against local chief executives and other local officials and employees responsible for the formulation, implementation and/or enforcement of the CLUPs in the following cases:

1. Failure of the CLUPs/ZOs to conform to the guidelines provided in the NPFP;

2. Failure to complete the preparation of the CLUP despite the availability of funds, resources, and support by the Sanggunian concerned;

Voluntary Guidelines HB 6657 COMMENTS 3. Failure to provide appropriate budgetary

allocation to effect its implementation; and

4. Failure to implement and enforce the CLUP/ZO due to negligence of duty;

Any public official or employee, whether elected, appointed or holding office/employment in a casual, temporary, holdover, permanent, or regular capacity, found to be responsible for any of the foregoing acts, shall be punished with forfeiture of salaries and allowances, and suspension from:

1. Three (3) to six (6) months, in case of non-

completion of the CLUP; or

2. Three (3) to six (6) months, in case of non-conformity with the NPFP;

3. Six (6) to nine (9) months, in case of non-implementation of the CLUP;

Failure to comply with the provisions of IPRA in the formulation of CLUP shall be penalized according to Section 72 of IPRA.

Chapter 10. Incentives, Sanctions and Penalties, Article Two (Sanctions and Penalties), Section 90 SECTION 90. Illegal Conversion of City or Municipal Parks, Communal Forests, and Tree Parks in Subdivisions. Penalties in the amount of One Hundred Thousand Pesos (P100,000.00) to Five Hundred Thousand Pesos (P500,000.00), or imprisonment of six (6) years and one (1) day to twelve (12) years, or both, at the discretion of the

Voluntary Guidelines HB 6657 COMMENTS court shall be imposed for each of the following offenses:

1. Converting or causing the conversion of a

city/municipal park, communal forest, or tree parks within subdivisions established pursuant to Presidential Decree No. 953, requiring the planting of trees in certain places, into other uses including the construction of permanent buildings;

2. Destroying or causing damage to the timber lands and other forest products found in the above mentioned forest and parks;

3. Setting the above mentioned forest and parks on fire, or negligently permitting a fire to be set therein; and

4. Assisting, aiding or abetting another person to commit the offenses stated in this Section.

The offender shall likewise be imposed a fine equivalent to eight (8) times the commercial value of the forest products destroyed without prejudice to payment of the full cost of rehabilitation of the areas as determined by the DENR. The maximum penalty prescribed shall be imposed upon the offender who repeats the same offense, and double the maximum penalty upon the offender who commits the same offense for the third time or more. All improvements made therein, as well as all vehicles, domestic animals, and equipment of any

Voluntary Guidelines HB 6657 COMMENTS kind used in the commission of the offense shall be forfeited in favor of the government. If not suitable for use by the DENR, said improvements, vehicles, domestic animals and equipment shall be sold at public auction and the proceeds from which shall accrue to the Forest Conservation and Development Fund (FCDF).

10. Continuous improvement: States should improve mechanisms for monitoring and analysis of tenure governance in order to develop evidence-based programmes and secure on-going improvements.

Chapter 3. Special Areas of Concern, Article One. Land Classification SECTION 9. Review of Land Classification. The NLUPC shall review and assess the current land classification system and definitions used in the country to ensure that it reflects the actual use of lands in the country. The Land Management Bureau (LMB) shall provide the necessary technical information and conduct the needed assessments of the status of the existing land use classification and shall submit an assessment report to the NLUPC not later than ninety (90) days upon the establishment of the latter.

Review of current mechanisms to ensure that they are aligned with the national land use framework proposed in the NLUA

Chapter 4: Physical Framework and Land Use Plan, Section 50 ( National Land Use Planning Process,, last paragraph SECTION 50. National Land Use Planning Process. xxx xxx xxx The period of coverage of the national, regional and provincial framework plans and comprehensive

30 year period corresponds to the doubling of population

Voluntary Guidelines HB 6657 COMMENTS municipal land use plans (CLUPs) shall be for thirty (30) years with regular review and updating every ten (10) years.

Chapter 5. Implementing Structure and Mechanism, Section 57 ( Powers and Functions of the NLUPC) SECTION 57. Powers and Functions of the NLUPC. The NLUPC shall have the following powers and functions: xxx xxx xxx 9. Review the NPFP every ten (10) years.

Chapter 8. Mapping and Data Management for Land Use Planning, Section 74 (Ground Delineation), last paragraph xxx xxx xxx All maps shall be updated as new important information and data become available or as determined by urgent need. Updating should not be more often than every ten (10) years.

SECTION 77. Submission of Annual Report on the Implementation of CLUPs and ZOs. The local land use boards shall submit their annual report on the implementation of their land use plans to their respective Sanggunian which shall submit the same to the RLUPCs for consolidation. The RLUPC shall thereafter transmit the consolidated reports to the NLUPC for monitoring and evaluation.

SECTION 67. Approval and Review of PPFP and CLUPs. The PPFP and CLUPs of the respective

Voluntary Guidelines HB 6657 COMMENTS city/municipal LGUs, including highly urbanized cities and independent component cities shall be submitted by the local land use boards to the LDCs for transmission to the local Sanggunian for approval.

SECTION 68. Approval of RPFP and NPFP. The RPFP and NPFP shall be submitted for review and approval of the RLUPC and NLUPC, respectively, upon the conduct of appropriate stakeholder and agency consultations; provided that such processes and guidelines shall be prepared and issued by the NLUPC within six (6) months from effectivity of this Act.

Chapter 11. Transitory and Final Provisions, Section 91 (Mandatory Review Every Ten Years) SECTION 91. Mandatory Review Every Ten Years. The Congress shall undertake a mandatory review of this Act at least once every ten (10) years from its effectivity or as often as it may be deemed necessary to ensure that land use policies and guidelines remain responsive to changing circumstances. For this purpose, the Congress may call on to the NLUPC to undertake the necessary researches and consultations.

Chapter 11. Transitory and Final Provisions, Section 94 (Congressional Oversight Committee on the Land Use Act) SECTION 94. Congressional Oversight Committee on the Land Use Act. A Congressional Oversight Committee shall be created. It shall be composed

Voluntary Guidelines HB 6657 COMMENTS of seven (7) members from the Senate and seven (7) members from the House of Representatives. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalitions therein with at least two (2) senators representing the minority. The members from the House of Representatives shall be appointed by the Speaker of the House of Representatives also based on proportional representation of the parties or coalitions therein with at least two (2) members representing the minority. The Oversight Committee shall function for a period of not more than three (3) years to oversee the implementation of this Act. The secretariat of the Oversight Committee shall be drawn from the existing secretariat personnel of the committees comprising the oversight. The funding for the committee shall be taken from the appropriations of both the House of Representatives and the Senate.

Chapter 10. Incentives, Sanctions, and Penalties SECTION 80. Formulation of a System of Incentives and Awards. The NLUPC shall come up with a system of incentives and awards to LGUs that regularly update their CLUPs/ZOs once every eight (8) years.

Providing incentives is a method of improving mechanisms for the proper implementation of the land use process

SECTION 81. Priority in Giving Technical Assistance to LGUs. In providing technical assistance and other forms of support related to land use management and implementation of development plans, national government agencies

Voluntary Guidelines HB 6657 COMMENTS shall give priority to cities and municipalities with approved CLUPs and ZOs.

4. Rights and responsibilities related to tenure

4.1 States should strive to ensure responsible governance of tenure because land, fisheries and forests are central for the realization of human rights, food security, poverty eradication, sustainable livelihoods, social stability, housing security, rural development, and social and economic growth.

4.2 States should ensure that all actions regarding tenure and its governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

4.3 All parties should recognize that no tenure right, including private ownership, is absolute. All tenure rights are limited by the rights of others and by the measures taken by States necessary for public purposes. Such measures should be determined by law, solely for the purpose of promoting general welfare including environmental protection and consistent with States’ human rights obligations. Tenure rights are also balanced by duties. All should respect the long-term protection and sustainable use of land, fisheries and forests.

Voluntary Guidelines HB 6657 COMMENTS 4.4 Based on an examination of tenure rights in line with national law, States should provide legal recognition for legitimate tenure rights not currently protected by law. Policies and laws that ensure tenure rights should be non-discriminatory and gender sensitive. Consistent with the principles of consultation and participation of these Guidelines, States should define through widely publicized rules the categories of rights that are considered legitimate. All forms of tenure should provide all persons with a degree of tenure security which guarantees legal protection against forced evictions that are inconsistent with States’ existing obligations under national and international law, and against harassment and other threats.

4.5 States should protect legitimate tenure rights, and ensure that people are not arbitrarily evicted and that their legitimate tenure rights are not otherwise extinguished or infringed.

4.6 States should remove and prohibit all forms of discrimination related to tenure rights, including those resulting from change of marital status, lack of legal capacity, and lack of access to economic resources. In particular, States should ensure equal tenure rights for women and men, including the right to inherit and bequeath these rights. Such State actions should be consistent with their existing obligations under relevant national law and legislation and international law, and with due regard to voluntary commitments under applicable regional and international

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Voluntary Guidelines HB 6657 COMMENTS instruments.

4.7 States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights.

4.8 Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.

4.9 States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of resolving such disputes, and should provide effective remedies, which may include a right of appeal, as

Voluntary Guidelines HB 6657 COMMENTS appropriate. Such remedies should be promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute resolution and remedies.

4.10 States should welcome and facilitate the participation of users of land, fisheries and forests in order to be fully involved in a participatory process of tenure governance, inter alia, formulation and implementation of policy and law and decisions on territorial development, as appropriate to the roles of State and non-state actors, and in line with national law and legislation.

5. Policy, legal and organizational frameworks related to tenure

5.1 States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by, broader reforms to the legal s y s t e m , public service and judicial authorities.

5.2 States should ensure that policy, legal and organizational frameworks for tenure

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Voluntary Guidelines HB 6657 COMMENTS governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

5.3 States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality. Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration.

5.4 States should consider the particular obstacles faced by women and girls with regard to tenure and associated tenure rights, and take measures to ensure that legal and policy frameworks provide adequate protection for women and that laws that recognize women’s tenure rights are implemented and enforced. States should ensure that women can legally enter into contracts concerning tenure rights on the

Voluntary Guidelines HB 6657 COMMENTS basis of equality with men and should strive to provide legal s e r v i c es and other assistance to enable women to defend their tenure interests.

5.5 States should develop relevant policies, laws and procedures through participatory processes involving all affected parties, ensuring that both men and women are included from the outset. Policies, laws and procedures should take into account the capacity to implement. They should incorporate gender-sensitive approaches, be clearly expressed in applicable languages, and widely publicized.

Please refer to provisions related to public participation and consultation

5.6 States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems.

SECTION 96. Appropriations. The amount needed for the initial implementation of this Act shall be charged against the current year’s appropriations of the NEDA Board-National Land Use Committee (NB-NLUC). Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the Annual General Appropriations Act.

• The NLUMA provides for the creation of the NLUPC, which will be composed of the various heads of agencies, particularly those which are involved in land use

• It shall act the highest policy making body on land use. Being such it shall be given power/ responsibilities/ resources and manpower to perform its functions.

• At the local level, there are local land use policy boards which will ensure the creation and implementation of the land use framework set forth in the NLUMA.

• The NLUPC is tasked to ensure that the RPFP, PPFP and CLUPs will be consistent and in harmony with the NPFP

SECTION 92. Convening of the NLUPC. Within thirty (30) days from the effectivity of this Act, the Chairperson shall convene the NLUPC. The Head of the NLUPC Secretariat shall immediately assume his/her position. SECTION 93. Implementing Rules and Regulations. Within ninety (90) days from the effectivity of this Act, the NLUPC shall promulgate its implementing rules and regulations (IRR) including the rules on the selection of the members of the C/MLUPMB and the PLUPMB. It shall take effect upon its


publication in the Official Gazette or in at least two (2) newspapers of national circulation. Chapter 5: Implementing Structure and Mechanism SECTION 55. Creation of the National Land Use Policy Council (NLUPC). The National Land Use Committee (NLUC) under the NEDA Board (NB) is hereby converted into the NLUPC which shall exercise the powers and responsibilities identified under this act. It shall further assume the functions of the NEDA Board-National Land Use Committee (NB-NLUC), which is hereby abolished, and the powers and functions pertaining to land use planning vested by law to the HLURB. The NLUPC shall act as the highest policy making body on land use and resolve land use policy conflicts between or among agencies, branches, or levels of the government. It shall integrate efforts, monitor developments relating to land use and the evolution of policies, and regulate and direct land use planning processes SECTION 56. Composition of the NLUPC. The NLUPC shall be headed by the Secretary of the NEDA as Chairperson. It shall choose a Vice Chairperson from among the members of the Council, who shall assume the functions of the Chairperson in case of absence. The NLUPC shall meet at least once every quarter. The members of the Council shall be the following:

1. The Secretary of the Department of Agrarian Reform (DAR);

2. The Secretary of the Department of Agriculture (DA);


3. The Secretary of the Department of

Environment and Natural Resources (DENR);

4. The Secretary of the Department of Interior and Local Government (DILG);

5. The Chairperson of the National Commission

on Indigenous Peoples (NCIP);

6. The Chairperson of the Housing and Urban Development Coordinating Council (HUDCC);

7. President of the League of Cities of the

Philippines (LCP);

8. President of the League of Municipalities of the Philippines (LMP);

9. Two (2) representatives each from four (4)

basic sectors directly involved in land use, namely: urban poor, peasants, fisherfolk, and indigenous peoples who shall be appointed by the respective National Anti-Poverty Commission (NAPC) sectoral councils. Of the eight (8) sectoral representatives, at least four (4) shall be women;

10. The Head of the NLUPC Secretariat,

appointed by the Council, shall be a non-voting ex-officio member.

Cabinet Secretaries who are members of the Council may designate their duly authorized and permanent representatives whose ranks shall in no case be lower than Undersecretary.


SECTION 57. Powers and Functions of the NLUPC. The NLUPC shall have the following powers and functions:

1. Guide the determination and identification of the country’s strategic land use development and physical planning objectives, priorities and direction, as well as recommend the adoption, passage, or amendment of laws to ensure that plans, programs, projects, and activities, including local government initiatives affecting land use are consistent with national development objectives;

2. Formulate the necessary national policy guidelines in the preparation of the country’s physical framework plans, including the setting of limits/target key land uses needed for protection, production, settlements and infrastructure for present and future needs;

3. Ensure that policies, guidelines and

standards on land use and physical planning, including zoning, shall be followed by the RLUPC, local land use boards and concerned national agencies;

4. Consolidate, harmonize and integrate the RPFP, PPFP and CLUPs and ensure their consistency with the NPFP;

5. Ensure the consistency of other national development and sectoral plans and programs, including the Medium-Term Philippine Development Plan (MTPDP) and Medium-Term Philippine Investment Plan


(MTPIP), with the NPFP;

6. Integrate and harmonize all laws and policies relevant to land use in order to come up with a rational, cohesive, and comprehensive national land use framework, and if warranted, recommend to Congress the adoption, passage or amendment of laws to ensure that sectoral plans, projects and activities, including local government initiatives affecting land use are consistent with national development objectives;

7. Resolve policy conflicts on land uses between or among agencies, branches, or levels of government and unresolved land use policy conflicts at the regional level;

8. Call upon other government agencies for the proper implementation of this Act; and

9. Review the NPFP every ten (10) years. SECTION 58. NLUPC Secretariat. The existing unit of the NEDA in charge of Land Use and Physical Planning Coordination shall act as the NLUPC Secretariat. SECTION 59. Functions of the NLUPC Secretariat. The Secretariat shall have the following functions:

1. Establish and manage an accurate, updated and publicly accessible National Land Resource Information and Management System that shall integrate and process information on land use and allocation generated by the various national


government agencies; define information requirements at various levels; and standardize information inputs and outputs including scales and symbols used in territorial and sectoral maps;

2. Undertake the gathering of data and the conduct of studies pertaining to land use planning including studies on the management of identified uses and such other studies not undertaken by other government agencies;

3. Coordinate with and assist other government

agencies and LGUs in planning, developing, and implementing their land use classification programs, and provide, to the extent possible, technical assistance and guidance;

4. Monitor and coordinate the activities of concerned agencies and entities of the government, as well as LGUs, in the enforcement and implementation of policies and regulations relating to land use and resource management and development;

5. Call on any department, bureau, office, agency, or instrumentality of the government, and/or private entity and organizations for cooperation, support, and assistance in the performance of its functions;

6. Assist the LGUs in the formation of land use policy boards at the local levels, provide the necessary technical assistance and develop


a long-term capability-building program to enable them to undertake a participatory and effective land use planning;

7. Monitor and coordinate the gathering of data, the conduct of studies and researches pertaining to land use planning including studies on the management of identified land uses and such other studies undertaken by other government agencies and entities;

8. Ensure a multi-stakeholder participation in the development, updating, and sharing of a National Spatial Database Information and Mapping System as a policy, planning and decision-making tool;

9. Develop assessment tools on the existing CLUPs;

10. Monitor the development and enforcement by agencies and organizations of the various laws, guidelines, codes or technical standards adopted with this Act; and

11. Formulate a national institutional capability building program for land use and management to address the specific weaknesses of various government agencies and LGUs, based on the results of assessment studies and needs;

Chapter 6. Regional and Local Land Use Policy Bodies SECTION 60. Regional Land Use Policy Council (RLUPC). At the regional level, the RLUPC will be


institutionalized, replicating the NLUPC structure and composition. It shall be chaired by the NEDA Regional Director and shall have the following functions:

1. Adopt regional policies and guidelines which are consistent with the national planning guidelines issued by the NLUPC in the preparation and formulation of the respective provincial physical planning and comprehensive land use plans of LGUs within its jurisdiction;

2. Guide the provinces and highly urbanized

cities and independent component cities in preparing and periodically updating their PDPFPs and CLUPs, respectively to ensure consistency with regional and national plans and policies and to facilitate the integration of such plans to the regional plans;

3. Prepare and periodically update the RPFP,

taking into consideration national polices and lower level plans;

4. Review, prior to adoption by respective

Sanggunians, the PPFPs and CLUPs of highly urbanized and independent component cities to ensure consistency with the RPFP and national policies set forth by NLUPC;

5. Decide and resolve policy conflicts on land

use planning, classification, and allocation that may arise between or among regional line agencies, provinces and cities/ municipalities;


6. Monitor changes in land use and other physical resources in the region;

7. Coordinate and monitor the land use activities of regional line agencies and LGUs;

8. Evaluate consistency of major programs and

projects of regional agencies and entities with the RPFP and their impact on land use and the environment;

9. Undertake the gathering of regional data for

the Land Resource Information and Management System; and

10. Perform other related functions as may be

directed by the NLUPC. In forest land use management, where the watershed area/continuum covers several municipalities across different provinces, an inter-LGU task force composed of representatives from RLUPC and the concerned MLGUs where the watershed area is located shall be formed. With the assistance of the DENR and upon mandatory consultations with the concerned sectors, the inter-LGU task force shall formulate the watershed management plan for the said watershed area. SECTION 61. Provincial Land Use Planning and Management Board (PLUPMB). The Provincial Land Use Planning and Management Board or (PLUPMB) is hereby created in all provinces under this Act to oversee the preparation, integration, adoption and approval of the Provincial Physical Framework Plan (PPFP) and shall ensure its consistency with approved national and regional planning guidelines.


The PLUPMB shall also be directly responsible for the effective management and implementation of the approved PPFP and ensure that any existing and future development initiatives, programs and projects introduced within its jurisdiction are consistent with and supportive of the land use resource management and physical planning objectives, directions and character identified in the approved PPFP. Section 62. Powers and Responsibilities of the Provincial Land Use Planning and Management Board. The following are the powers and responsibilities of the PLUPMB:

1. Review and issue the necessary provincial planning guidelines and/or implementing policies for the preparation and formulation of the respective CLUPs of highly urbanized cities/component cities/municipalities within its jurisdiction as provided for by approved national and regional planning policies and guidelines;

2. Oversee the preparation, formulation, consolidation, and integration of the CLUPs of highly urbanized cities/component cities/municipalities within its jurisdiction into the Provincial Physical Framework Plan (PPFP) and ensure its consistency with approved national and regional planning guidelines;

3. Submit to the PDC the draft CLUP for its transmission to the Sanggunian Panlalawigan and for the PDC to use it as reference for consistency and

Voluntary Guidelines HB 6657 COMMENTS complementation with other development plans;

4. Review, monitor and assess the implementation and operationalization of the approved CLUP and its consistency with physical planning and land use management objectives and goals identified in the CLUP;

5. After an appropriate period of time or upon instruction and advice by the NLUPC, conduct and initiate a progress review of the PPFP and the achievement of its stated objectives and goals and update the PPFP;

6. Decide and resolve policy conflicts on land use planning, classification, and allocation that may arise between or among cities/municipalities and facilitate the resolution of any unresolved land use conflict, including political boundary conflicts, at the city/municipality level;

7. Advice the Sangguniang Panlalawigan on all matters pertaining to land use and physical planning;

8. Promote cooperation and sharing of resources between and among component LGUs of the province or with neighboring LGUs to address common land use and development issues including those related to geo-physical hazards, watershed and river basin management, coastal and marine waters, climate change impact and disaster risks; and

Voluntary Guidelines HB 6657 COMMENTS 9. Assist the Sangguniang Panlalawigan in

reviewing the submitted CLUPs of component cities/ municipalities to ensure consistency with the Provincial Physical Framework Plan.

In cases where the watershed areas transcend the boundaries of a particular municipality, an inter-LGU task force composed of representatives from PLUPMB of the MLGUs where the watershed area is located shall be formed. Section 63. Composition of the PLUPMB. The PLUPMB shall be composed of the following thirteen (13) members to be selected based on the rules to be formulated by the NLUPC as provided in this Act:

1. Provincial Planning and Development Coordinator (PPDC);

2. Chairperson of SP Committee on Environment and Natural Resources;

3. Provincial Chapter President- League of Municipalities and/or League of Cities;

4. Provincial Agrarian Reform Officer (PARO);

5. Provincial Environment and Natural Resources Officer (PENRO);

6. Provincial Agricultural Officer (PAO);

7. NCIP Provincial Officer;

8. One (1) representative from the local business/private sector association/chamber

Voluntary Guidelines HB 6657 COMMENTS of commerce, who shall be appointed from among the accredited organizations within their respective development councils;

9. Four (4) representatives from the basic sector groups (urban poor, fisherfolk, farmers, indigenous peoples; Provided, That at least two representatives shall be women; Provided, further, That the representatives shall be appointed from among the accredited organizations within their respective development councils; and

10. Designated Board Chairperson to be chosen among the members.

Except for ex-officio members, the members of the PLUPMB shall be appointed for a term of three (3) years, subject however to the elected office held, government employment and/or official designation of the local government unit, national agency and/or local business/private sector association or basic sector group representation in the board. The NLUPC, within ninety (90) days from its establishment, shall formulate the rules for the selection of the Chairperson and the members in the PLUPMB. The Provincial Planning and Development Coordinator/Office (PPDC/O) shall provide technical secretariat and administrative support and resources for the effective operation of the PLUPMB. Aside from the PPDO, the PLUPMB may call upon other local and national government offices and agencies such as the local Engineer, Assessor, and local field representatives of the DA, DPWH, DOTC, DOT, DENR, DAR, DECS, NCIP and other concerned

Voluntary Guidelines HB 6657 COMMENTS national agencies to assist the PLUPMB in the performance of its roles and mandates. Appropriations for the regular operation and activities of the PLUPMB shall be included in the annual budget proposal of the PPDO; Provided, That other funds and resources, including grants, applicable service fees and charges collected, contributions, donations, and other funds to support its operations and activities may be accepted and received by the PLUPMB subject to existing auditing and reporting procedures.

SECTION 64. City/Municipal Land Use Planning and Management Board (C/MLUPMB). A City/Municipal Land Use Planning and Management Board or (C/MLUPMB) is hereby created under this Act in all municipalities and cities, including highly urbanized and component cities, to oversee the preparation, integration, adoption and approval of their respective Comprehensive Land Use Plans (CLUPs) and shall ensure the consistency of such plans with approved national, regional and provincial planning guidelines. The C/MLUPMB shall also be directly responsible for the effective management and implementation of the approved CLUP and for ensuring that any existing and future local policies, including zoning ordinances, development initiatives, programs and projects introduced within its jurisdiction are consistent with and supportive of the land use resource management and physical planning objectives, directions and character identified by the approved CLUP. Section 65. Powers and Responsibilities of the City/Municipal Land Use Planning and Management

Voluntary Guidelines HB 6657 COMMENTS Board. The following are the powers and responsibilities of the C/MLUPMB:

1. In coordination with the City/Municipal

Planning and Development Office/Coordinator, review and issue the necessary local planning guidelines and/or implementing policies for the preparation and formulation of the CLUPs within its jurisdiction as provided for by approved national, regional and provincial planning policies and guidelines;

2. Ensure the input of the barangays within the jurisdiction of the respective City/Municipality on sectoral, temporal and spatial dimensions of the plan and its consistency with approved national, regional and provincial planning guidelines;

3. Review, monitor and assess the implementation and operationalization of the approved CLUP and its consistency with physical planning and land use management objectives and goals identified in the CLUP;

4. Submit to the LDC the draft CLUP for its transmission to the Sanggunian and for the LDC to use it as basis for consistency and complementation with other development plans;

5. Decide and resolve policy conflicts on land use planning, classification, and allocation that may arise between or among barangays and facilitate the resolution of any unresolved land use conflict, including

Voluntary Guidelines HB 6657 COMMENTS boundary conflicts, involving barangays;

6. Based on the CLUP, review and endorse for approval/disapproval applications for locational clearances, building and zoning permits and/or other planning-related requirement for any project, both private and public, that is submitted to the LGU for issuance;

7. Advise the Sangguniang Bayan on all matters pertaining to land use and physical planning; and

8. Promote cooperation and sharing of resources between and among its barangays and neighboring LGUs to address common land use and development issues including those related to geo-physical hazards, watershed and river basins, coastal and marine waters, climate change impact and disaster risks.

Section 66. Composition of the C/MLUPMB. The C/MLUMPPB shall be composed of the following twelve (12) members and shall be headed by a Chairperson:

1. City/Municipal Planning and Development Coordinator (C/MPDC);

2. Chairperson, SB Committee on Environment and Natural Resources;

3. President of the Association of Barangay Captains (ABC);

Voluntary Guidelines HB 6657 COMMENTS 4. Municipal Agrarian Reform Officer (MARO);

5. LGU Environment and Natural Resources

Officer (City/Municipal ENRO);

6. Municipal Agriculture Office (MAO);

7. One (1) representative from the local business/private sector association/chamber of commerce, who shall be appointed from among the accredited organizations within their respective development councils;

8. Four (4) representatives from the basic sector groups (urban poor, fisherfolk, farmers and indigenous peoples), provided that at least two representatives shall be women; Provided further, that the representatives shall be appointed from among the accredited organizations within their respective development councils; and

9. Designated Board Chairperson to be chosen among the members.

Except for ex-officio members, the members of the C/MLUPMB shall be appointed for a term of three (3) years, subject however to the elected office held, government employment and/or official designation in the local government unit, national agency and/or local business/private sector association or basic sector group representation in the board. The NLUPC, within ninety (90) days from its establishment, shall formulate the rules for the selection of the Chairperson and members of the C/MLUPMB. The City/Municipal Planning and Development Coordinator/Office (C/MPDC/O) shall

Voluntary Guidelines HB 6657 COMMENTS provide technical secretariat and administrative support and resources for the effective operation of the C/MLUMPPB. Aside from the C/MPDO/C, the C/MLUPMB may call upon other local and national government offices and agencies such as the local Engineer, Assessor, and local field representatives of the DA, DPWH, DOTC, DOT, DENR, DAR, DECS and other concerned national agencies to assist the C/MLUPMB in the performance of its roles and mandates. Annual appropriations for the operation and activities of the C/MLUPMB shall be included in the annual budget proposal of the City/Municipal Planning and Development Office/Coordinator: Provided, That other funds and resources, including grants, applicable service fees and charges collected, contributions, donations, and other funds to support its operations and activities may be accepted and received by the PLUPMB subject to existing auditing and reporting procedures. Local government units shall create and/or activate their respective C/MLUPMB upon guidelines issued by the NLUPC for such purposes, not later than six (6) months from the effectivity of this Act.

5.7 States should define and publicize opportunities for civil society, private sector and academia to contribute to developing and implementing policy, legal and organizational frameworks as appropriate.

Please refer to provisions pertaining to public participation and consultation

5.8 States and other parties should regularly review and monitor policy, legal

Please refer to provisions pertaining to continuing improvement (Monitoring)

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Voluntary Guidelines HB 6657 COMMENTS and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.

5.9 States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

6. Delivery of services2**

6.1 To the extent that resources permit, States should ensure that implementing agencies and judicial authorities have the human, physical, financial and other forms of capacity to implement policies and laws in a timely, effective and gender-sensitive manner. Staff at all organizational levels should receive continuous training, and be recruited with due regard to ensuring gender and social equality.

Please refer to Sec 58 (NLUPC Secretariat); Section 59. Functions of the NLUPC Secretariat

6.2 States should ensure that the delivery of services related to tenure and its

Voluntary Guidelines HB 6657 COMMENTS administration are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. 6.3 States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to tenure rights. States should review services of implementing agencies and judicial authorities, and introduce improvements where required.

6.4 States should ensure that implementing agencies and judicial authorities serve the entire population, delivering services to all, including those in remote locations. Services should be provided promptly and efficiently using locally suitable technology to increase efficiency and accessibility. Internal guidelines should be established so that staff can implement policies and laws in a reliable and consistent manner. Procedures should be simplified without threatening tenure security or quality of justice. Explanatory materials should be widely publicized in applicable languages and inform users of their rights and responsibilities.

6.5 States should establish policies and

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Voluntary Guidelines HB 6657 COMMENTS laws to promote the sharing, as appropriate, of spatial and other information on tenure rights for the effective use by the State and implementing agencies, indigenous peoples and other communities, civil society, the private sector, academia and the general public. National standards should be developed for the shared use of information, taking into account regional and international standards. 6.6 States and other parties should consider additional measures to support vulnerable or marginalized groups who could not otherwise access administrative and judicial services. These measures should include legal support, such as affordable legal aid, and may also include the provision of services of paralegals or parasurveyors, and mobile services for remote communities and mobile indigenous peoples.

6.7 States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services, to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent review or through an ombudsman.

Voluntary Guidelines HB 6657 COMMENTS 6.8 Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of ethical behaviour. Public and private sector parties should adhere to applicable ethical standards, and be subject to disciplinary action in case of violations. Where such associations do not exist, States should ensure an environment conducive to their establishment.

6.9 States and non-state actors should endeavour to prevent corruption with regard to tenure rights. States should do so particularly through consultation and participation, rule of law, transparency and accountability. States should adopt and enforce anti-corruption measures including applying checks and balances, limiting the arbitrary use of power, addressing conflicts of interest and adopting clear rules and regulations. States should provide for the administrative and/or judicial review of decisions of implementing agencies. Staff working on the administration of tenure should be held accountable for their actions. They should be provided with the means of conducting their duties effectively. They should be protected against interference in their duties and from retaliation for reporting acts of corruption.

PART 3: LEGAL RECOGNITION AND ALLOCATION OF TENURE RIGHTS AND DUTIES This part addresses the governance of

Voluntary Guidelines HB 6657 COMMENTS tenure of land, fisheries and forests with regard to the legal recognition of tenure rights of indigenous peoples and other communities with customary tenure systems, as well as of informal tenure rights; and the initial allocation of tenure rights to land, fisheries and forests that are owned or controlled by the public sector. 7. Safeguards

7.1 When States recognize or allocate tenure rights to land, fisheries and forests, they should establish, in accordance with national laws, safeguards to avoid infringing on or extinguishing tenure rights of others, including legitimate tenure rights that are not currently protected by law. In particular, safeguards should protect women and the vulnerable who hold subsidiary tenure rights, such as gathering rights.

7.2 States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

7.3 Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with

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Voluntary Guidelines HB 6657 COMMENTS customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.

7.4 States should ensure that women and men enjoy the same rights in the newly recognized tenure rights, and that those rights are reflected in records. Where possible, legal recognition and allocation of tenure rights of individuals, families and communities should be done systematically, progressing area by area in accordance with national priorities, in order to provide the poor and vulnerable with full opportunities to acquire legal recognition of their tenure rights. Legal support should be provided, particularly to the poor and vulnerable. Locally appropriate approaches should be used to increase transparency when records of tenure rights are initially created, including in the mapping of tenure rights.

7.5 States should ensure that people whose tenure rights are recognized or who are allocated new tenure rights have full knowledge of their rights and also their duties. Where necessary, States should provide support to such people so that they can enjoy their tenure rights and fulfil their duties.

7.6 Where it is not possible to provide legal

Voluntary Guidelines HB 6657 COMMENTS recognition of tenure rights, States should prevent forced evictions that are inconsistent with their existing obligations under national and international law, and in accordance with the principles of these Guidelines.

8. Public land, fisheries and forests

8.1 Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

8.2 Where States own or control land, fisheries and forests, the legitimate tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law.

8.3 Noting that there are publicly-owned land, fisheries and forests that are

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Voluntary Guidelines HB 6657 COMMENTS collectively used and managed (in some national contexts referred to as commons), States should, where applicable, recognize and protect such publicly-owned land, fisheries and forests and their related systems of collective use and management, including in processes of allocation by the State.

8.4 States should strive to establish up-to-date tenure information on land, fisheries and forests that they own or control by creating and maintaining accessible inventories. Such inventories should record the agencies responsible for administration as well as any legitimate tenure rights held by indigenous peoples and other communities with customary tenure systems and the private sector. Where possible, States should ensure that the publicly-held tenure rights are recorded together with tenure rights of indigenous peoples and other communities with customary tenure systems and the private sector in a single recording system, or are linked to them by a common framework.

8.5 States should determine which of the land, fisheries and forests they own or control will be retained and used by the public sector, and which of these will be allocated for use by others and under what conditions.

8.6 States should develop and publicize

Voluntary Guidelines HB 6657 COMMENTS policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies. 8.7 States should develop and publicize policies covering the allocation of tenure rights to others and, where appropriate, the delegation of responsibilities for tenure governance. Policies for allocation of tenure rights should be consistent with broader social, economic and environmental objectives. Local communities that have traditionally used the land, fisheries and forests should receive due consideration in the reallocation of tenure rights. Policies should take into account the tenure rights of others and anyone who could be affected should be included in the consultation, participation and decision-making processes. Such policies should ensure that the allocation of tenure rights does not threaten the livelihoods of people by depriving them of their legitimate access to

Voluntary Guidelines HB 6657 COMMENTS these resources. 8.8 States have the power to allocate tenure rights in various forms, from limited use to full ownership. Policies should recognize the range of tenure rights and right holders. Policies should specify the means of allocation of rights, such as allocation based on historical use or other means. Where necessary, those who are allocated tenure rights should be provided with support so they can enjoy their rights. States should determine whether they retain any form of control over l a nd , fisheries and forests that have been allocated.

8.9 States should allocate tenure rights and delegate tenure governance in transparent, participatory ways, using simple procedures that are clear, accessible and understandable to all, especially to indigenous peoples and other communities with customary tenure systems. Information in applicable languages should be provided to all potential participants, including through gender-sensitive messages. Where possible, States should ensure that newly allocated tenure rights are recorded with other tenure rights in a single recording system, or are linked by a common framework. States and non-state actors should further endeavour to prevent corruption in the allocation of tenure rights.

8.10 To the extent that resources permit, States should ensure that competent bodies

Voluntary Guidelines HB 6657 COMMENTS responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training and other support so they can perform those responsibilities.

8.11 States should monitor the outcome of allocation programmes, including the gender-differentiated impacts on food security and poverty eradication as well as their impacts on social, economic and environmental objectives, and introduce corrective measures as required.

9. Indigenous peoples and other communities with customary tenure systems

Please refer NLUMA provisions on Ancestral Domains Section 7 (Land Use Plans for Ancestral Domain Sections 14-16 (Special Areas of Concern: Ancestral Domain)

Land use planning in ADs

9.1 State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems. 9.2 Indigenous peoples and other communities with customary tenure systems that exercise self-governance of land, fisheries and forests should promote and provide equitable, secure and sustainable rights to those resources, with special attention to the provision of equitable access for women. Effective participation of all members, men, women and youth, in decisions regarding their tenure systems

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Voluntary Guidelines HB 6657 COMMENTS should be promoted through their local or traditional institutions, including in the case of collective tenure systems. Where necessary, communities should be assisted to increase the capacity of their members to participate fully in decision- making and governance of their tenure systems.

9.3 States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples.

9.4 States should provide appropriate recognition and protection of the legitimate tenure rights of indigenous peoples and other communities with customary tenure systems, consistent with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Such recognition should take into account the land, fisheries and forests that are used

Voluntary Guidelines HB 6657 COMMENTS exclusively by a community and those that are shared, and respect the general principles of responsible governance. Information on any such recognition should be publicized in an accessible location, in an appropriate form which is understandable and in applicable languages. 9.5 Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands. 9.6 States should consider adapting their policy, legal and organizational frameworks to recognize tenure systems of indigenous peoples and other communities with customary tenure systems. Where constitutional or legal reforms strengthen the rights of women and place them in conflict with custom, all parties should cooperate to accommodate such changes in the customary tenure systems.

9.7 States should, in drafting tenure policies and laws, take into account the social, cultural, spiritual, economic and environmental values of land, fisheries and forests held under tenure systems of indigenous peoples and other communities with customary tenure systems. There should be full and effective participation of all

Voluntary Guidelines HB 6657 COMMENTS members or representatives of affected communities, including vulnerable and marginalized members, when developing policies and laws related to tenure systems of indigenous peoples and other communities with customary tenure systems.

9.8 States should protect indigenous peoples and other communities with customary tenure systems against the unauthorized use of their land, fisheries and forests by others. Where a community does not object, States should assist to formally document and publicize information on the nature and location of land, fisheries and forests used and controlled by the community. Where tenure rights of indigenous peoples and other communities with customary tenure systems are formally documented, they should be recorded with other public, private and communal tenure rights to prevent competing claims. 9.9 States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular

Voluntary Guidelines HB 6657 COMMENTS positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust. The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section. 9.10 State and non-state actors should strive, where necessary, together with representative institutions of affected communities and in cooperation with affected communities, to provide technical and legal assistance to affected communities to participate in the development of tenure policies, laws and projects in non-discriminatory and gender-sensitive ways. 9.11 States should respect and promote customary approaches used by indigenous peoples and other communities with customary tenure systems to resolving tenure conflicts within communities consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. For land, fisheries and forests that are used by more than one community, means of resolving conflict between communities should be strengthened or developed. 9.12 States and non-state actors should endeavour to prevent corruption in relation to tenure systems of indigenous peoples and

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Voluntary Guidelines HB 6657 COMMENTS other communities with customary tenure systems, by consultation and participation, and by empowering communities.

10. Informal tenure

10.1 Where informal tenure to land, fisheries and forests exists, States should acknowledge it in a manner that respects existing formal rights under national law and in ways that recognize the reality of the situation and promote social, economic and environmental well-being. States should promote policies and laws to provide recognition to such informal tenure. The process of establishing these policies and laws should be participatory, gender sensitive and strive to make provision for technical and legal support to affected communities and individuals. In particular, States should acknowledge the emergence of informal tenure arising from large-scale migrations.

Please refer to Article Nine. Settlements Development (Special Areas of Concern), NLUMA

10.2 States should ensure that all actions regarding informal tenure are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate to the right to adequate housing. 10.3 Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular

Voluntary Guidelines HB 6657 COMMENTS regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants. 10.4 States should take all appropriate measures to limit the informal tenure that results from overly complex legal and administrative requirements for land use change and development on land. Development requirements and processes should be clear, simple and affordable to reduce the burden of compliance.

10.5 States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly.

10.6 Where it is not possible to provide legal recognition to informal tenure, States should prevent forced evictions that violate existing obligations under national and international law, and consistent with relevant provisions under Section 16.

PART 4: TRANSFERS AND OTHER CHANGES TO TENURE RIGHTS AND DUTIES This part addresses the governance of tenure of land, fisheries and forests when existing rights and associated duties are

Voluntary Guidelines HB 6657 COMMENTS transferred or reallocated through voluntary and involuntary ways through markets, transactions in tenure rights as a result of investments, land consolidation and other readjustment approaches, restitution, redistributive reforms or expropriation. 11. Markets

11.1 Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure rights operate, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals.

11.2 States should facilitate the operations of efficient and transparent markets to promote participation under equal conditions and opportunities for mutually beneficial transfers of tenure rights which lessen conflict and instability; promote the sustainable use of land, fisheries and forests and conservation of the environment; promote the fair and equitable use of genetic resources

Voluntary Guidelines HB 6657 COMMENTS associated with land, fisheries and forests in accordance with applicable treaties; expand economic opportunities; and increase participation by the poor. States should take measures to prevent undesirable impacts on local communities, indigenous peoples and vulnerable groups that may arise from, inter alia, land speculation, land concentration and abuse of customary forms of tenure. States and other parties should recognize that values, such as social, cultural and environmental values, are not always well served by unregulated markets. States should protect the wider interests of societies through appropriate policies and laws on tenure.

11.3 States should establish policies, laws and regulatory systems and agencies to ensure transparent and efficient market operations, to provide non- discriminatory access, and to prevent uncompetitive practices. States should simplify administrative procedures in order to avoid discouragement of market participation by the poor and the most vulnerable.

11.4 States and other parties should ensure that information on market transactions and information on market values are transparent and widely publicized, subject to privacy restrictions. States should monitor this information and take action where markets have adverse impacts or discourage wide and equitable market participation.

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Voluntary Guidelines HB 6657 COMMENTS 11.5 States should establish appropriate and reliable recording systems, such as land registries, that provide accessible information on tenure rights and duties in order to increase tenure security and to reduce the costs and risks of transactions.

11.6 States should establish safeguards to protect the legitimate tenure rights of spouses, family members and others who are not shown as holders of tenure rights in recording systems, such as land registries.

11.7 State and non-state actors should adhere to applicable ethical standards. They should publicize and monitor the implementation of these standards in the operation of markets in order to prevent corruption, particularly through public disclosure.

11.8 Given the importance of small-scale producers for national food security and social stability, States should ensure that when facilitating market operations of tenure transactions, they protect the tenure rights of small- scale producers.

12. Investments

12.1 State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make

• With areas properly categorized and allocated, areas for investments as well as areas for other land uses will be delineated. As such it will be easier to determine which areas or lands can be developed to increase production and income.

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Voluntary Guidelines HB 6657 COMMENTS responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries and forests that support broader social, economic and environmental objectives under a variety of farming systems. States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

12.2 Considering that smallholder producers and their organizations in developing countries provide a major share of agricultural investments that contribute significantly to food security, nutrition, poverty eradication and environmental resilience, States should support investments by smallholders as well as public and private smallholder-sensitive investments.

12.3 All forms of transactions in tenure rights as a result of investments in land, fisheries and forests should be done transparently in line with relevant national sectoral policies and be consistent with the objectives of social and economic growth and sustainable human development focusing on smallholders.

12.4 Responsible investments should

Voluntary Guidelines HB 6657 COMMENTS do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization. 12.5 States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions in tenure rights in their national context.

12.6 States should provide safeguards to protect legitimate tenure rights, human rights, livelihoods, food security and the environment from risks that could arise

Voluntary Guidelines HB 6657 COMMENTS from large-scale transactions in tenure rights. Such safeguards could include introducing ceilings on permissible land transactions and regulating how transfers exceeding a certain scale should be approved, such as by parliamentary approval. States should consider promoting a range of production and investment models that do not result in the large-scale transfer of tenure rights to investors, and should encourage partnerships with local tenure right holders.

12.7 In the case of indigenous peoples and their communities, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments

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Voluntary Guidelines HB 6657 COMMENTS that use the resources of other communities. 12.8 States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes.

12.9 States should make provision for investments involving all forms of transactions of tenure rights, including acquisitions and partnership agreements, to be consistent with the principles of consultation and participation of these Guidelines, with those whose tenure rights, including subsidiary rights, might be affected. States and other relevant parties should inform individuals, families and communities of their tenure rights, and assist to develop their capacity in consultations and participation, including providing professional assistance as required.

12.10 When investments involving large-

Voluntary Guidelines HB 6657 COMMENTS scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.

12.11 Contracting parties should provide comprehensive information to ensure that all relevant persons are engaged and informed in the negotiations, and should seek that the agreements are documented and understood by all who are affected. The negotiation process should be non-discriminatory and gender sensitive.

12.12 Investors have the responsibility to respect national law and legislation and recognize and respect tenure rights of others

Voluntary Guidelines HB 6657 COMMENTS and the rule of law in line with the general principle for non-state actors as contained in these Guidelines. Investments should not contribute to food insecurity and environmental degradation. 12.13 Professionals who provide services to States, investors and holders of tenure rights to land, fisheries and forests should undertake due diligence to the best of their ability when providing their services, irrespective of whether it is specifically requested.

12.14 States and affected parties should contribute to the effective monitoring of the implementation and impacts of agreements

involving large-scale transactions in tenure

rights, including acquisitions and partnership agreements. States should take corrective action where necessary to enforce agreements and protect tenure and other rights and provide mechanisms whereby aggrieved parties can request such action.

12.15 When States invest or promote investments abroad, they should ensure that their conduct is consistent with the protection of legitimate tenure rights, the promotion of food security and their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

Voluntary Guidelines HB 6657 COMMENTS 13. Land consolidation and other readjustment approaches

13.1 Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment.

13.2 Where appropriate, States may consider the establ ishment of land banks as a part of land consolidation programmes to acquire and temporarily hold land parcels until they are allocated to beneficiaries.

13.3 Where appropriate, States may consider encouraging and facilitating land consolidation and land banks in environmental protection and infrastructure projects to facilitate the acquisition of private land for such public projects, and to provide affected owners, farmers and small-

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Voluntary Guidelines HB 6657 COMMENTS scale food producers with land in compensation that will allow them to continue, and even increase, production. 13.4 Where fragmentation of smallholder family farms and forests into many parcels increases production costs, States may consider land consolidation and land banks to improve the structure of those farms and forests. States should refrain from using land consolidation where fragmentation provides benefits, such as risk reduction or crop diversification. Land consolidation projects to restructure farms should be integrated with support programmes for farmers, such as the rehabilitation of irrigation systems and local roads. Measures should be developed to protect the investment of land consolidation by restricting the future subdivision of consolidated parcels.

13.5 States should establish strategies for readjustment approaches that fit particular local requirements. Such strategies should be socially, economically and environmentally sustainable, and gender sensitive. Strategies should identify the principles and objectives of the readjustment approaches; the beneficiaries; and the development of capacity and knowledge in the public sector, the private sector, organizations of farmers and small-scale producers, of fishers, and of forest users, and academia. Laws should establish clear and cost-effective procedures

Voluntary Guidelines HB 6657 COMMENTS for the reorganization of parcels or holdings and their uses. 13.6 States should establish appropriate safeguards in projects using readjustment approaches. Any individuals, communities or peoples likely to be affected by a project should be contacted and provided with sufficient information in applicable languages. Technical and legal support should be provided. Participatory and gender-sensitive approaches should be used taking into account rights of indigenous peoples. Environmental safeguards should be established to prevent or minimize degradation and loss of biodiversity and reward changes that foster good land management, best practices and reclamation.

14. Restitution

14.1 Where appropriate, considering their national context, States should consider providing restitution for the loss of legitimate tenure rights to land, fisheries and forests. States should ensure that all actions are consistent with their existing obligations under national and international law, and with d u e regard to voluntary commitments under applicable regional and international instruments.

14.2 Where possible, the original parcels or holdings should be returned to those who suffered the loss, or their heirs, by resolution of the competent national authorities. Where

Voluntary Guidelines HB 6657 COMMENTS the original parcel or holding cannot be returned, States should provide prompt and just compensation in the form of money and/or alternative parcels or holdings, ensuring equitable treatment of all affected people. 14.3 Where appropriate, the concerns of indigenous peoples regarding restitution should be addressed in the national context and in accordance with national law and legislation.

14.4 States should develop gender-sensitive policies and laws that provide for clear, transparent processes for restitution. Information on restitution procedures should be widely disseminated in applicable languages. Claimants should be provided with

adequate assistance, including through legal

and paralegal aid, throughout the process. States should ensure that restitution claims are promptly processed. Where necessary, successful claimants should be provided with support services so that they can enjoy their tenure rights and fulfil their duties. Progress of implementation should be widely publicized.

15. Redistributive reforms

15.1 Redistributive reforms can facilitate broad and equitable access to land and inclusive rural development. In this regard, where appropriate under national contexts, States may consider allocation of public land, voluntary and market based mechanisms as

Voluntary Guidelines HB 6657 COMMENTS well as expropriation of private land, fisheries or forests for a public purpose. 15.2 States may consider land ceilings as a policy option in the context of implementing redistributive reforms.

15.3 In the national context and in accordance with national law and legislation, redistributive reforms may be considered for social, economic and environmental reasons, among others, where a high degree of ownership concentration is combined with a significant level of rural poverty attributable to lack of access to land, fisheries and forests respecting, in line with the provisions of Section 15, the rights of all legitimate tenure holders. Redistributive reforms should guarantee equal access of men and women to land, fisheries and forests.

15.4 Where States choose to implement redistributive reforms, they should ensure that the reforms are consistent with their obligations under national a n d international l aw , and voluntary commitments under applicable regional and international instruments. Reforms should follow the rule of law and be implemented according to national laws and procedures. States should facilitate the development of consultations, consistent with the principles of these Guidelines, on the redistribution, including balancing the needs of all parties, and on the approaches to be used. Partnerships

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Voluntary Guidelines HB 6657 COMMENTS between the State; communities; civil society; the private sector; organizations of farmers and small-scale food producers, of fishers, and of forest users; and other parties should be developed. The financial and other contributions expected of beneficiaries should be reasonable and not leave them with unmanageable debt loads. Those who give up their tenure rights to land, fisheries and forests should receive equivalent payments without undue delay. 15.5 Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small- scale food producers, should be clearly defined.

15.6 Where States choose to implement redistributive reforms, they should develop policies and laws, through participatory processes, to make them sustainable. States should ensure that policies and laws assist beneficiaries, whether communities, families or individuals, to earn an adequate standard of living from the land, fisheries and forests they acquire and ensure equal treatment of men and women in redistributive reforms. States should revise

Voluntary Guidelines HB 6657 COMMENTS policies that might inhibit the achievement and sustainability of the intended effects of the redistributive reforms.

15.7 When redistributive reforms are being considered, States may, if so desired, conduct assessments on the potential positive and negative impacts that those reforms could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. This assessment process should be conducted consistent with the principles of consultation and participation of these Guidelines. Assessments may be used as a basis to determine the measures needed to support beneficiaries and improve the redistributive programme.

15.8 States should ensure that redistributive land reform programmes provide the full measure of support required by beneficiaries, such as access to credit, crop insurance, inputs, markets, technical assistance in rural extension, farm development and housing. The provision of support services should be coordinated with the movement on the land by the beneficiaries. The full costs of land reforms, including costs of support services, should be identified in advance and included in relevant budgets.

15.9 States should implement redistributive reforms through transparent,

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Voluntary Guidelines HB 6657 COMMENTS participatory and accountable approaches and procedures. All affected parties should be accorded with due process and just compensation according to national law and the provisions of Section 16. All affected parties, including disadvantaged groups, should receive full and clear information on the reforms, including through gender-targeted messages. Beneficiaries should be selected through open processes, and they should receive secure tenure rights that are publicly recorded. Access to means of resolving disputes should be provided for under national law. States should endeavour to prevent corruption in redistributive reform programmes, particularly through greater transparency and participation. 15.10 States, with the participation of the involved parties, should monitor and evaluate the outcomes of redistributive reform programmes, including associated support policies, as listed in paragraph 15.8, and their impacts on access to land and food security of both men and women and, where necessary, States should introduce corrective measures.

16. Expropriation and compensation

16.1 Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or forests are required for a public purpose. States should clearly define the concept of public purpose in

Voluntary Guidelines HB 6657 COMMENTS law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law.

16.2 States should ensure that the planning and process for expropriation are transparent and participatory. Anyone likely to be affected should be identified, and properly informed and consulted at all stages. Consultations, consistent with the principles of these Guidelines, should provide information regarding possible alternative approaches to achieve the public purpose, and should have regard to strategies to minimize disruption of livelihoods. States should be sensitive where proposed expropriations involve areas of particular cultural, religious or environmental significance, or where the land, fisheries and forests in question are particularly important to the livelihoods of the poor or vulnerable.

16.3 States should ensure a fair valuation and prompt compensation in accordance with national law. Among other forms, the compensation may be, for example, in cash,

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Voluntary Guidelines HB 6657 COMMENTS rights to alternative areas, or a combination. 16.4 To the extent that resources permit, States should ensure that implementing agencies have the human, physical, financial and other forms of capacity.

16.5 Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation.

16.6 All parties should endeavour to prevent corruption, particularly through use of objectively assessed values, transparent and decentralized processes and services, and a right to appeal.

16.7 Where evictions are considered to be justified for a public purpose as a result of expropriation of land, fisheries and forests, States should conduct such evictions and treat all affected parties in a manner consistent with their relevant obligations to respect, protect, and fulfil human rights.

16.8 States should, prior to eviction or shift in land use which could result in depriving individuals and communities from access to their productive resources, explore feasible alternatives in consultation with the affected parties, consistent with

Voluntary Guidelines HB 6657 COMMENTS the principles of these Guidelines, with a view to avoiding, or at least minimizing, the need to resort to evictions. 16.9 Evictions and relocations should not result in individuals being rendered homeless or vulnerable to the violation of human rights. Where those affected are unable to provide for themselves, States should, to the extent that resources permit, take appropriate measures to provide adequate alternative housing, resettlement or access to productive land, fisheries and forests, as the case may be.

PART 5: ADMINISTRATION OF TENURE This part addresses governance of the administration of tenure of land, fisheries and forests with regard to records of tenure rights, valuation, taxation, regulated spatial planning, resolution of disputes over tenure, and transboundary matters.

17. Records of tenure rights 17.1 States should provide systems (such as registration, cadastre and licensing systems) to record individual and collective tenure rights in order to improve security of tenure rights, including those held by the State and public sector, private sector, and indigenous peoples and other communities with customary tenure systems; and for the functioning of local societies and of markets. Such systems should record, maintain and publicize tenure rights and duties, including who holds those

Voluntary Guidelines HB 6657 COMMENTS rights and duties, and the parcels or holdings of land, fisheries or forests to which the rights and duties relate. 17.2 States should provide recording systems appropriate for their particular circumstances, including the available human and financial resources. Socio-culturally appropriate ways of recording rights of indigenous peoples and other communities with customary tenure systems should be developed and used. In order to enhance transparency and compatibility with other sources of information for spatial planning and other purposes, each State should strive to develop an integrated framework that includes existing recording systems and other spatial information systems. In each jurisdiction, records of tenure rights of the State and public sector, private sector, and indigenous peoples and other communities with customary tenure systems should be kept within the integrated recording system. Whenever it is not possible to record tenure rights of indigenous peoples and other communities with customary tenure systems, or occupations in informal settlements, particular care should be taken to prevent the registration of competing rights in those areas.

Chapter 7. Adoption , Approval and Review of Local Land Use and Physical Framework Plans, Section 69 SECTION 69. National Spatial Database Information and Mapping System (NSDIMS). Within six (6) months from the effectivity of this Act, a National Spatial Database Information and Mapping Inter-Agency Mapping Support System shall be created, with NAMRIA as the lead agency, under the supervision and guidance of the NLUPC. The supporting agencies include the Bureau of Soils and Water Management (BSWM), the Forest Management Bureau (FMB), the LMB, the Protected Areas And Wildlife Bureau (PAWB), MGB, the Philippine Institute of Volcanology and Seismology (PHIVOLCS), DAR, DA, NCIP, the National Water Resources Board (NWRB), the Department of Energy (DOE), the National Disaster Risk Reduction and Management Council (NDRRMC) and other relevant government agencies as may be determined by NLUPC. The system shall be responsible for creating a database for the production of base and decision maps for all planning levels of standard scales, and other indicators, based on the Planning Guidelines and Standards approved by the NLUPC.

SECTION 70. Compiling of Datasets. All pertinent and updated data from supporting agencies of the system shall be submitted to NAMRIA for compilation and integration into the national spatial database information and mapping system. SECTION 71. Maps for Planning. Within one (1)

Voluntary Guidelines HB 6657 COMMENTS year after the NLUPC’s approval of the Guidelines and Standards for planning at all levels, the NAMRIA shall submit to the NLUPC all maps required for national, provincial, cities and municipalities planning. The NLUPC shall forward these maps to the respective PLUPMBs and C/MLUPMBs after it has reviewed and approved them. Pertinent maps to be produced by the NSDIMS shall include among others: 1. Topographic Maps; 2. Geologic Maps; 3. Hydrologic Maps; 4. Climate Maps; 5. Soils Maps; 6. Slope Maps; 7. Mineral Resources Maps; 8. Existing Land Use Maps; 9. Land Suitability Maps for:

a. Settlements b. Agriculture c. Industrial areas d. Others

10. Agricultural Maps: a. Network of Protected Areas for Agricultural

and Agro-industrial Development; b. Commodity Specific Development Guide Maps; c. Land Limitation Maps; d. Cropping System Zones Maps; e. Hydro-ecological Conditions Map; f. Irrigation Systems Maps;

11. Land Classification Maps; 12. Municipal Waters Delineation Maps and MPAs; 13. Geo-Hazards Maps:

a. Flood Prone Areas;

Voluntary Guidelines HB 6657 COMMENTS b. Hazard Zonation Maps for Volcanoes; c. Map of Fault Systems; d. Tsunami Prone Areas; e. Erosion Prone Areas;

14. Tourism Maps; 15. Transportation Maps; 16. Traffic Flow; 17. Areas Served by:

a. Power b. Tele-communications c. Water

18. Facilities: a. Health b. Education c. Power

19. Domestic Water Supply 20. Industrial Areas 21. Population Distribution 22. Ancestral Domains 23. NIPAS Areas 24. Areas Suitable for Urban Expansion 25. Watershed Areas 26. Forest Lands

a. Protection b. Production c. Restoration

i. Key Biodiversity Areas ii. Marine Protected Areas

SECTION 72. Final Determination and Ground

Delineation of the Country’s Permanent Forest Line. As mandated under the Constitution and hereby provided for under this Act, the final determination and ground delineation of the country’s permanent forest line shall be completed within one (1) year from the effectivity of this Act: Provided, That appropriations for the fulfillment of this provision

Voluntary Guidelines HB 6657 COMMENTS shall be included in the annual appropriations of the DENR: Provided, further, That the complete report of the delineation of the country’s permanent forest line shall be submitted to the NLUPC for appropriate integration in the country’s strategic land use development plan and policies.

SECTION 73. Completion and Updating of Existing Cadastral Surveys. The completion of incomplete cadastral surveys of LGUs and the updating of existing surveys shall be given priority consideration and allocation of resources in the implementation of this Act. The DENR shall include in its annual appropriations the completion and updating of all incomplete and existing cadastral surveys of all LGUs in the country: Provided, That such surveys and maps shall be integrated into the national spatial database information and mapping system. In cases of ancestral domains, self-delineation by ICCs/IPs of their ancestral lands shall be employed to determine boundaries as provided for under IPRA.

SECTION 74. Ground Delineation. For effective planning to take place at the local level and for the easy enforcement of the Zoning Ordinance of each city/municipality, land uses must be identifiable both on the map and on the ground. A Joint Committee comprised of the LGU, as represented by its M/CLUPMB, and of the national government agency concerned, to be assisted by the C/MPDC, shall identify and delineate on the ground the land uses within their jurisdiction. The following shall be given priority:

1. Forest Lands

Voluntary Guidelines HB 6657 COMMENTS a. Protection b. Production

2. Ancestral Domains 3. NIPAS Areas

a. Strict Protection Zone b. Multiple Use Zone

4. Watershed Areas a. Critical b. Multiple Use

5. Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAAD)

6. Socialized Housing Sites and Settlement Expansion Areas

7. Extents of Environmentally Constrained Areas

8. Easement Areas 9. Critical coastal areas

a. Mangroves b. Sea grasses

Critical marine resources should also be delineated both on the map and in the waters. Perimeters of critical offshore areas, such as coral reefs, shall be marked in accordance with the coastal resource management plans concerned. All maps shall be updated as new important information and data become available or as determined by urgent need. Updating should not be more often than every ten (10) years.

SECTION 75. National Geo-hazard Mapping Program. Within thirty (30) days from the effectivity of this Act, a nationwide geo-hazard mapping program shall be initiated jointly thru the NLUPC by the PHIVOLCS, the Philippine Atmospheric

Voluntary Guidelines HB 6657 COMMENTS Geophysical and Astronomical Services Administration (PAGASA), the NAMRIA, the Mines and Geosciences Bureau (MGB), and the DOE, in coordination with the NDRRMC, the Regional Disaster Risk Reduction Management Councils, and other concerned government agencies. The program shall include the generation of indicative geo-hazard zoning maps that will outline areas in the Philippines which are prone to liquefaction, landslides, flooding, lahar, ground rupturing, tsunami, river erosion, coastal erosion, sinkhole collapse, earthquake, lava flow, pyroclastic flow, base surge, and other natural hazards. For purposes of uniformity and standardization and in order to develop a safe-built environment, the LGUs shall subsequently incorporate and integrate the generated geo-hazard zoning maps into their respective CLUPs and ZOs. Said geo-hazard maps shall serve as guide for all the LGUs in the preparation of their own hazards-constrained development plans. The NPFP shall incorporate these geo-hazard maps. All entities conducting infrastructure activities including real estate and subdivision projects and the development of tourist spots requiring an ECC shall submit an Engineering Geological and Geo-hazard Assessment Report (EGGAR).

SECTION 76. Scope and Nature of Responsibilities of Other National Government Agencies. All concerned national government agencies/bodies shall periodically report to the NLUPC on the various activities and accomplishments on land use. Likewise, they shall provide their respective sectoral/development plans and provide technical

Voluntary Guidelines HB 6657 COMMENTS and administrative support if called upon by the NLUPC for the implementation of the provisions of this Act.

17.3 States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public.

17.4 Implementing agencies should adopt simplified procedures and locally suitable technology to reduce the costs and time required for delivering services. The spatial accuracy for parcels and other spatial units should be sufficient for their identification to meet local needs, with increased spatial accuracy being provided if required over time. To facilitate the use of records of tenure rights, implementing agencies should link information on the rights, the holders of those rights, and the spatial units related to those rights. Records should be indexed by spatial units as well as by holders to allow competing or overlapping rights to be identified. As part of broader public information sharing, records of tenure rights should be available to State agencies and local governments to improve their services.

Voluntary Guidelines HB 6657 COMMENTS Information should be shared in accordance with national standards, and include disaggregated data on tenure rights. 17.5 States should ensure that information on tenure rights is easily available to all, subject to privacy restrictions. Such restrictions should not unnecessarily prevent public scrutiny to identify corrupt and illegal transactions. States and non-state actors should further endeavour to prevent corruption in the recording of tenure rights by widely publicizing processes, requirements, fees and any exemptions, and deadlines for responses to service requests.

18. Valuation

18.1 States should ensure that appropriate systems are used for the fair and timely valuation of tenure rights for specific purposes, such as operation of markets, security for loans, transactions in tenure rights as a result of investments, expropriation and taxation. Such systems should promote broader social, economic, environmental and sustainable development objectives.

18.2 Policies and laws related to valuation should strive to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values where applicable.


18.3 States should develop policies and laws that encourage and require transparency in valuing tenure rights. Sale prices and other relevant information should be recorded, analysed and made accessible to provide a basis for accurate and reliable assessments of values.

18.4 States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards.

18.5 Implementing agencies should make their valuation information and analyses available to the public in accordance with n a t i o n a l standards. States should endeavour to prevent corruption in valuation through transparency o f information and methodologies, i n public r e so u r ce administration and compensation, and in company accounts and lending.

19. Taxation

19.1 States have the power to raise revenue through taxation related to tenure rights so as to contribute to the achievement of their broader social, economic and environmental objectives. These objectives may include encouraging investment or preventing undesirable impacts that may arise, such as from speculation and

5

Voluntary Guidelines HB 6657 COMMENTS concentration of ownership or other tenure rights. Taxes should encourage socially, economically and environmentally desirable behaviour, such as registering transactions or declaring the full sale value. 19.2 States should strive to develop policies, laws and organizational frameworks for regulating all aspects pertaining to taxation of tenure rights. Tax policies and laws should be used where appropriate to provide for effective financing for decentralized levels of government and local provision of services and infrastructure.

19.3 States should administer taxes efficiently and transparently. Staff of implementing agencies should receive training that includes methodologies. Taxes should be based on appropriate values. Assessments of valuations and taxable amounts should be made public. States should provide taxpayers with a right to appeal against valuations. States should endeavour to prevent corruption in taxation administration, through increased transparency in the use of objectively assessed values.

20. Regulated spatial planning

20.1 Regulated spatial planning affects tenure rights by legally constraining their use. States should conduct regulated spatial planning, and monitor and enforce compliance with those plans, including

Chapter 2. Framework for Land Use Planning, Section 6 (Categories of Land Uses for Planning Purpose) SECTION 6. Categories of Land Uses for Planning

• In designating use of land according to the 4 categories, the state through the NLUPC regulates and limits in that:

a) Certain areas (lands classified under

Voluntary Guidelines HB 6657 COMMENTS balanced and sustainable territorial development, in a way that promotes the objectives of these Guidelines. In this regard, spatial planning should reconcile and harmonize different objectives of the use of land, fisheries and forests.

Purpose. In determining and defining the national, regional and provincial framework plans, and CLUPs, land uses shall be grouped into four (4) major functional uses as follows:

1. Protection Land Use refers to the use of land primarily for rehabilitation, conservation, and protection purposes and the promotion of the country's ecological and life-support systems. Planning for protection land use intends to achieve environmental stability and ecological integrity, ensure a balance between resource use and the preservation of some areas with environmental, aesthetic, educational, cultural and historical significance, aid and protect people and human-made structures from the ill-effects of natural hazards. Areas under this category are those covered by NIPAS Act of 1992 and other coastal and marine protected areas; areas outside NIPAS, which include but are not limited to:

a. Natural and Restored Forests, which consist of: i. All existing areas within forestland containing primary and secondary forests of whatever types of species;

ii. ll existing areas within forestland containing secondary-growth or residual forests of whatever types of species;

protection land use) are generally restricted from being used for other purposes aside from their intended use or function; b) Use of land through the land use planning process are guided by these 4 categories. Individual and entities who will violate these standards may be held liable under the NLUMA (See provisions on sanctions and penalties) c) The use of land are guided by a set of standards prescribed in the NLUMA (and prescribed by the NLUPC) d) The NLUMA through the NLUPC and the local land use bodies regulates and monitors the land use planning process and ensures that the standards set forth in the law will be followed in relation to allocation and use of land.

• One of the objectives of setting standards in the land use planning process is to ensure the protection of land and its resources as well as to eradicate unabated and indiscriminate use of land which lead to its destruction and displacement of affected stakeholders

• In the end, NLUMA if implemented efficiently and effectively, will result in responsible use of land which will lead to sustainable use of our land and resources, thus ensuring food security and abundance of resources for the future generation, as well as minimizing effects of natural calamities.

Voluntary Guidelines HB 6657 COMMENTS iii. Areas identified as Key Biodiversity Areas; iv. Restoration areas; v. All mangrove forests; vi. All easement areas as defined by PD 1067, otherwise known as the Water Code of the Philippines; and

vii. All other areas that would be deemed appropriate for protection, as defined by the Department of Environment and Natural Resources (DENR), subject to the approval of the National Land Use Policy Council (NLUPC) described in Section 55 hereof.

b. Rehabilitated and/or reforested degraded mining areas; c. Critical Ecosystems for protection, such as: i. Coral Reefs; ii. Marshes and wetlands; iii. Lakes and Rivers; iv. Caves; and v. Waterfalls. d. Disaster-prone areas that include areas subject to, or maybe subject to:

i. Recurrent flooding; ii. Liquefaction; iii. Tsunamis; iv. Mass wasting; v. Volcanic eruption; vi. Direct impact of seismic activity; and

In relation to 20.1, last sentence (…spatial planning should reconcile and harmonize different objectives of the use of land, fisheries and forests.) • The objectives of food security, sustainable use and conservation of resources are the primary considerations for the land use standards which encompass use of land, forests and fisheries. In relation to this, the different provisions under the Special Areas of Concern specifies the guidelines in use of land, fisheries and forests in order to obtain the objectives of the NLUA (which are similar to those of the VG)

Voluntary Guidelines HB 6657 COMMENTS vii. Other areas that pose a high degree of

hazard to human occupation and activity.

e. Critical watershed areas;

f. Marine Protected Areas;

g. All prime agricultural lands as defined under this Act;

h. Ecologically fragile and environmentally-critical areas whose conversion will result to serious environmental problems and threats to public health and safety;

i. Natural and human-made areas/sites of cultural, historical and anthropological significance, which are declared as such by internationally recognized; and

j. All other areas not included and declared as production areas shall become protection areas.

2. Production Land Use refers to the most efficient, sustainable, and equitable utilization, development and management of land for productive purposes which are not classified for protection land use defined in this section. Areas included in this category are agricultural lands, coastal and marine zones, production forest, mineral lands, energy resource lands, industrial, and tourism development areas where productive activities could be undertaken to meet the country’s requirements for economic growth and development. Production land use shall comprise of but shall not be limited to:


a. Other agricultural lands not identified as prime agricultural lands. They shall consist of but shall not be limited to:

i. Lands whose soils are suitable for agricultural development;

ii. All alluvial plain lands that are suitable for

agricultural production and/or can be devoted to food production;

iii. All lands that are traditional sources of staple food;

iv. All crop lands required to attain a certain

scale of production to sustain the economic viability of existing agro-based industries in the municipality, city or province; and

v. All lands in areas not highly prone to natural

hazards that are suitable for the production of tree crops and other cash crops.

b. Coastal, Inland water and Marine Zones, such as Fishponds;

c. Production Forests, such as:

i. All areas within forestland not classified as protection forests in Section 6 (a) and shall be devoted to the production of timber and/or non-forest products or the establishment of industrial tree plantations, tree farms, woodlots, agro-

Voluntary Guidelines HB 6657 COMMENTS forestry, or as multiple-use forests;

ii. All areas within forestlands considered as rangelands for grazing purposes;

iii. All areas within forestlands managed under the community based forest management in areas not classified as protection forests.

d. Rangelands for grazing;

e. Industrial Development Areas; and

f. Tourism Development Areas, including potential small islands for similar purposes.

3. Settlements and Institutional Land Use refers to the use of urban and rural lands for settlements development purposes and/or improvement on existing settlements involving the spatial distribution of population, identification of the roles and functions of key urban centers, determination of relationships among settlement areas, and the provision of basic services and facilities to such settlements.

It shall also include lands identified for institutional uses such as educational, administrative, government, law enforcement, health care and social services. Settlements and institutional land uses aim to ensure for the present and future generation the: i) effective integration of activities within and among settlements, allowing efficient movement of people and production of commodities through the provision of appropriate land, infrastructure, and

Voluntary Guidelines HB 6657 COMMENTS facilities; and ii) access of the population to housing, education, health care, recreation, transportation and communication, sanitation, and basic utilities such as water, power, waste disposal, and other services; 4. Infrastructure Land Use refers to the use of land dedicated to the provision of basic services that foster economic and other forms of integration necessary for producing or obtaining the material requirements of Filipinos, in an efficient, responsive, safe and ecologically friendly built environment. It includes among others sub-sectors like: road networks, transportation and communication facilities, social services, environmental service facilities, and utilities. Provided, that the determination of the functional uses of lands within ancestral domains should be consistent with the land use categories provided for in this Act; Provided further That other sub-categories of land uses in delineated ancestral domains may be formulated by the concerned ICCs/IPs themselves in accordance with their particular needs and traditional resource and management systems.

Chapter 2. Framework for Land Use Planning, Section 8 SECTION 8. Adoption of Multiple Uses of Land. The primary and alternative uses of a specific land resource shall be determined and evaluated by the respective local land use boards prior to any decision for the assignment of its use. Areas feasible for sustainable land resource use may be considered multiple-use zones wherein settlements,

• Part of regulating special planning is providing standards for multiple uses of lands (in relation to categorization of land uses)

Voluntary Guidelines HB 6657 COMMENTS tourism, agriculture, agro-forestry and extraction activities and other income-generating or livelihood activities may be allowed except areas under protection land use. Provided, That multiple uses of land resources shall be in accordance with priorities in land use allocation identified in the approved physical framework and land use plans wherein such multiple uses are compatible with the original land use and planning, and that no reclassification shall be allowed. Provided, further That, where there are vested rights, titles, and claims prior to the enactment of this Act over the areas feasible for sustainable land resource use, the same shall be respected.

20.2 States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making processes within those communities.

Land use planning through consultation and participation: Please refer to NLUMA provisions related to Section 3b (6) of the VG on Participation and Consultation

• NLUA recognizes the IPs/ICC’s right to self determination and acknowledges their right to determine the use of their lands in accordance with their traditions and customs. In line with this, NLUMA provides for land use planning in Ancestral Domains

Chapter 2. Framework for Land Use Planning, Section 7 SECTION 7. Land Use Plans for Ancestral Domains. Land use plans of ancestral domains shall be formulated by the ICCs/IP themselves in accordance with their particular needs and traditional resource and management systems with the assistance of the NCIP, the LGUs and civil society organizations (CSOs) concerned. Such plans shall be recognized and adopted in the barangay,

Voluntary Guidelines HB 6657 COMMENTS city/municipal, provincial, regional and national physical framework plans. Physical framework plans made prior to the delineation of ancestral domains included in such plans or ordinances shall, without prejudice to the rights of the ICCs/IP concerned, adopt different land use categories in accordance with their particular needs and traditional resource and management systems. In cases where there are no ADSDPPs, the LGU and the ICCs/IP shall jointly formulate the land use plan within the ancestral domain until such time that the ICCs/IPs have formulated their ADSDPPs. Please refer to Special Areas of Concern (Ancestral Domains)

• More specifically, the NLUA provides in Section 14-16 Special Areas of Concern pertaining to Ancestral Domain, additional guidelines in land use planning in Ancestral Domains

20.3 States should ensure that regulated spatial planning is conducted in a manner that recognizes the interconnected relationships between land, fisheries and forests and their uses, including the gendered aspects of their uses. States should strive towards reconciling and prioritizing public, community and private interests and accommodate the requirements for various uses, such as rural, agricultural, nomadic, urban and environmental. Spatial planning should consider all tenure rights, including overlapping and periodic rights.

Please refer to above cited provisions on categories of land use planning

In relation to 20.3, first sentence (…the regulated spatial planning is conducted in a manner that recognizes the interconnected relationships between land, fisheries and forests and their uses…)

• The objectives of food security, sustainable use and conservation of resources are the primary considerations for the land use standards which encompass use of land,

Chapter 2. Framework for Land Use Planning, Section 5 (Basic Land Use Considerations) SECTION 5. Basic Land Use Considerations. Various land uses as categorized in the succeeding section shall be determined in a manner that promotes the policies and principles defined in Section 2 of this Act and shall consider the following elements therein, among others:

Voluntary Guidelines HB 6657 COMMENTS Appropriate risk assessments for spatial planning should be required. National, regional and local spatial plans should be coordinated.

1. Protection land use category as defined in Section 6 shall prevail over existing production land use category. The State shall undertake the necessary action in changing the classification of these production areas;

2. Preservation, conservation, rehabilitation and protection to perpetuity of permanent forestlands, critical watersheds, key biodiversity areas, environmentally-critical and ecologically-fragile areas and prime agricultural lands from any other land use, conversion, disposition, intrusion, utilization and development aside from its determined use and limits;

3. Protection of natural forests and natural resources ensures environmental stability, conserve biological diversity, improve ecosystem functions and provide long-term ecological and economic benefits. Designated restoration areas are designed to revive the ecosystem functions and services of forests as well as improve the economic and ecological benefits of local communities;

4. Protection of forest and wetlands from infrastructure development to preserve the ecological services they provide which are essential to economic development. These activities include, but not limited to river channelization and dredging, large scale irrigation and river diversions which reduce riverine habitat and alters flood patterns and natural flow regimes, reduce downstream water availability for agriculture and contribute to salinization through saltwater intrusion in coastal areas;

forests and fisheries. In relation to this, the different provisions under the Special Areas of Concern specifies the guidelines in use of land, fisheries and forests in order to obtain the objectives of the NLUA (which are similar to those of the VG)

Voluntary Guidelines HB 6657 COMMENTS 5. Resolution of land use conflicts which are life-threatening or threatening to public safety, sustainability of key production resources or employment activities and the delivery of basic services and are harmful or destructive to protected areas, flora, fauna, and other protected natural resources. Greater consideration shall be given to the human and tenurial rights of vulnerable groups in resolving land use conflicts;

6. Identification of geo-hazard prone areas and high risk/danger zones and corresponding risk reduction measures to ensure the prioritization of life and safety; Provided, That specifically identified and assessed extremely hazardous and high-risk/danger zones shall be similarly protected and cleared from all forms of human-made obstacles, obstructions and instructions to ensure and secure public health and safety;

7. Respect for existing customary rights and traditional land uses of ICCs/IPs;

8. Identification of settlement areas to check the demand for land and establish the location of employment-generating industries and basic services; and 9. The availability of natural resources including indigenous energy resources for energy security and self-sufficiency. However, infrastructure energy projects such as dams with large reservoirs in natural ecosystems shall not be allowed if it would interrupt the connectivity of river systems, disrupt fish spawning and migration, and alter seasonal flood regimes. Chapter 3. Special Areas of Concern

Voluntary Guidelines HB 6657 COMMENTS Article One. Land Classification SECTION 9. Review of Land Classification. The NLUPC shall review and assess the current land classification system and definitions used in the country to ensure that it reflects the actual use of lands in the country. The Land Management Bureau (LMB) shall provide the necessary technical information and conduct the needed assessments of the status of the existing land use classification and shall submit an assessment report to the NLUPC not later than ninety (90) days upon the establishment of the latter. SECTION 10. Adoption of Assessment Report. Upon validation and affirmation by local land use boards, the land classification assessment report submitted by the LMB shall be adopted by the NLUPC in the formulation of its planning guidelines.

In relation to 20.3, second sentence (States should strive towards reconciling and prioritizing public, community and private interests and accommodate the requirements for various uses..)

• Aside from the provisions on Land Use

Planning Process, the NLUMA provides for additional guidelines in relation to land classification (and other issues) relevant/related to land use planning. These specific guidelines are embodied in Chapter 3 on Special Areas of Concern

Article Two. NIPAS Areas SECTION 11. Integrated Management Strategy. For more effective planning, management, and protection of protected areas at the provincial and municipal/city levels, the Protected Area Management Plan (PAMP) referred to in NIPAS Law shall be incorporated in the PPFP and CLUPs if applicable, wherein protected area zoning shall be reflected.

Article Three. Agricultural Lands

Voluntary Guidelines HB 6657 COMMENTS SECTION 12. Priority Areas for Agricultural Development. Priority areas for agricultural development are the areas distributed under agrarian reform, areas that can be covered by CARP, and the NPAAAD. The mapping of the NPAAAD under the Agriculture and Fisheries Modernization Act (AFMA) shall be completed not later than one (1) year from the effectivity of this Act. SECTION 13. Conversion of Agricultural Lands. All lands considered and identified as prime agricultural lands shall be maintained, managed and protected for agricultural use and shall not be subjected to any form of conversion or re-classification. All other agricultural lands not identified as prime agricultural lands can only be converted to non-agricultural uses upon issuance of a DAR conversion order. Provided that such conversion shall not drastically change the nature of the over-all land uses in the surrounding and adjacent areas from its existing land use. Provided, That consistent with the State policy on giving priority to the completion of the Comprehensive Agrarian Reform Program (CARP), those lands covered under compulsory acquisition/voluntary offer to sell, production or profit-sharing subject to CARP shall also be protected from conversion pending the distribution and/or installation of the farmer beneficiaries. Provided, further, That pending the completion of mapping activities of the specific areas under the NPAAAD and the SAFDZs under the AFMA and their

Voluntary Guidelines HB 6657 COMMENTS incorporation in the National Physical Framework Plan (NPFP), the application for conversion of these areas shall not be given due course by the DAR. Article Four. Ancestral Domain SECTION 14. Priority Areas for Agricultural Development within Ancestral Domain. Agricultural lands within Ancestral Domain shall be developed in accordance with their ADSDPP. SECTION 15. Respect for Ancestral Domains. The Ancestral Domain Management Plan (ADMP) or ADSDPP shall be adopted in the CLUP and/or other plans that the LGU is mandated to produce. The extent of the Ancestral Domains shall be reflected in the land use plan, where it will be zoned as such in the zoning ordinance and shall be co-managed by the LGU and IP community. Additionally, the ADSDPP shall be included in the investment plans of the LGU. SECTION 16. Ancestral Domain Policy Adoption. Ancestral domain policies shall be adopted in the LGU’s land use policy framework. However, in the event that the ADMP/ADSDPP is still in the formulation stage or remains to be formulated, the right to self-determination and traditional resource and management systems and processes shall be upheld at all times as provided for by the IPRA of 1997.

Article Five. Forest Lands and Reservation of Watershed

SECTION 17. Permanent Forestlands. All forestlands are classified as forest or timberlands. Titles, settlements, permits, leases, and/or

Voluntary Guidelines HB 6657 COMMENTS agreements within critical habitats, critical watershed areas, protected areas and key biodiversity areas (KBAs), shall be reviewed, and their legality be affirmed. All erroneous titles, settlements, permits, leases and/or agreements within permanent forestlands shall be cancelled or revoked in due course. Non-compliance with and violations of these instruments shall be grounds for their cancellation or revocation. Provided, that the applicable provisions of the IPRA of 1997, shall be respected. Upon recommendation by the LGU, or the Forest Board, the DENR Secretary shall revoke the above-mentioned instruments. SECTION 18. Additional Areas to be Included as Permanent Forestlands. The following lands are needed for environmental protection and forestry purposes and shall not be classified as agricultural lands or for other land use:

1. Isolated patches of forest, regardless of size and/or area, with rocky terrain or which protect a spring/water source for communal use;

2. All mangroves and swamplands including twenty (20) meter wide strips facing oceans, lakes and other bodies of water not yet classified as alienable and disposable lands;

3. Ridge tops and plateaus regardless of size found within or surrounded wholly or partially by forestlands where headwaters emanate;


4. Twenty (20) meter wide strips of land from the edge of the normal high waterline of rivers and streams with channels of at least five (5) meters width which are not yet classified as alienable and disposable;

5. Areas needed for public interest such as research or experimental purposes; and

6. Areas considered as environmentally critical because of their vulnerability to damage from landslides, volcanic eruptions, and other natural causes. Please state Source and reason its needed to be included

SECTION 19. Reversion of Alienable and Disposable Lands to Forestlands. Upon the recommendation of the DENR Secretary, duly reviewed and endorsed by the National Land Use and Policy Council (NLUPC), and after due consultations with the concerned LGUs and the affected parties, Congress may authorize the reversion of alienable and disposable lands of the public domain or portion thereof to forestlands. SECTION 20. Critical Watershed Areas. The DENR, in coordination with the DA, the LGUs concerned, and other government agencies, including government-owned and-controlled corporations, and after mandatory public hearings/consultations, shall identify and delineate critical watershed areas that need to be protected, rehabilitated, enhanced,

Voluntary Guidelines HB 6657 COMMENTS and/or withdrawn from uses that contribute to their further degradation. SECTION 21. Formulation and Implementation of Integrated Watershed Management Plans. With the assistance of the DENR and upon mandatory consultations with the concerned sectors and communities, the LGUs, through their local land use boards, shall prepare their watershed management plans which shall be integrated into their respective CLUPs. The formulation and integration of the plan shall be guided, among others, by the principle of the management and development of inland water resources shall be at the watershed level and consistent with the National Forestry Master Plan (NFMP). The DENR and the concerned LGUs shall jointly implement the watershed management plan subject to regular consultations with and involvement of the community and other stakeholders in the implementation of the plan. SECTION 22. Establishment and Management of National Parks. All areas proclaimed by the President and Congress to be under the NIPAS pursuant to the NIPAS Act, unless disestablished, including those identified initial components of the NIPAS as Key Biodiversity Areas shall comprise the National Parks classification of the public domain. The DENR and concerned LGUs shall ensure that such areas are integrated in the CLUP and physical framework plans; Provided, however, That the preparation of management plans of protected areas/national parks shall be in accordance with

Voluntary Guidelines HB 6657 COMMENTS the provisions of the NIPAS Act and other laws establishing or declaring a specific area as protection areas. SECTION 23. Establishment of Restoration Zones. Restoration areas shall be designated in the management plan as such. Designation of restoration zones is compulsory in all forest management plans. Article Six. Coastal Zones SECTION 24. Criteria for the Allocation and Utilization of Lands within the Coastal Zones. The allocation and utilization of lands within the coastal zones shall be subject to the following guidelines:

1. Areas vegetated with mangrove species shall be protected, preserved and managed as mangrove forestland and shall not be converted to other uses;

2. Areas that meet all accepted criteria on elevation, soil type, soil depth topography, supply for successful fishpond development, and are not identified as mangrove protected areas, shall be utilized for aquaculture purposes as long as a 4:1 ratio for mangroves and fishponds is maintained to support ecological processes in mangrove ecosystems;

3. Areas sub-classified as mangrove and still suitable for use as such, or due to environmental conditions need to be preserved as mangrove but are

Voluntary Guidelines HB 6657 COMMENTS devoid of mangrove stands, shall not be converted to other uses. The DENR shall ensure that these lands shall be reforested within a given period of time;

4. Areas accessible to the sea and identified for fisherfolk settlement and housing but are not part of or are not within any protected land use areas shall be allocated to traditional fisherfolk who are inhabitants of the coastal communities and/or members of registered fisherfolk organizations and/or holders of stewardship lease contracts or titles to ancestral domains or any form of property right arrangements who participate in coastal resource management initiatives, subject to the usual census procedures of the Housing and Urban Development Coordinating Council (HUDCC); The State shall endeavor to issue marine tenurial rights to organizations concerned based on a criteria to be established by NLUPC;

5. Areas that are neither sub-classified as mangrove, fisherfolk settlement nor fishpond may be devoted to recreational or tourism purposes. Provided, That such undertaking will not result in environmental degradation and displacement of small fisherfolks;

6. Areas which are considered as traditional fishing grounds shall be used primarily for such purpose;

Voluntary Guidelines HB 6657 COMMENTS 7. Areas which have been allocated for small

infrastructure needed by municipal fisherfolk shall be allowed, including areas for gears and boats, and post harvest facilities; and

8. Areas which form part of foreshore lands as defined in this Act, including those under lease agreements or arrangements shall undergo zoning and evaluation so their boundaries, actual sizes and corresponding uses can be determined while ensuring that mangrove protection or restoration zones are considered to keep the required 4:1 ratio between mangroves and fishponds.

SECTION 25. Coastal Land Zone Sub-classification. All public lands in the coastal zones shall be sub-classified into any of the following: fishponds, mangroves, protection from tidal surge for preservation of biodiversity, habitats and sanctuaries for endangered wildlife, fisherfolk settlement, or recreational/tourism areas. No sub-classification of coastal zones to different uses shall be done without the following:

1. Conduct of a comprehensive inventory and

resource and environmental assessment by the DENR with respective LGUs and accredited Non Government Organizations/Peoples Organizations (NGOs/ POs) within their jurisdiction. The result of such assessment along with a list of all existing applications and expired Foreshore Lease Agreements shall be posted in three (3) conspicuous places in the affected

Voluntary Guidelines HB 6657 COMMENTS localities; and

2. Prior consultation with local Fisheries and Aquatic Resource Management Councils (FARMCs) formed under Republic Act No. 8550 or the Fisheries Code.

SECTION 26. Zoning of Coastal Areas. LGUs, in coordination with the DENR, the FARMCS, local fisherfolk organizations and other affected sectors such as women and youth, shall conduct the Coastal Zoning Resource Management Plan (CZRMP) which shall be incorporated in the CLUP. Management zones defined in the CZRMP should be reflected in the CLUP and the subsequent ZO. SECTION 27. Tourism and Recreation Zone. The designation of areas for tourism and resorts near to or over fishery areas or ports thereof shall be with the consent of the concerned LGUs and FARMCs, and subject to the policies and guidelines set forth in this Act. SECTION 28. Protection of Waterways, Easements and Flood Plains. Structures of any kind shall not be built in waterways and easements. Pursuant to PD 1067 or the Water Code of the Philippines, the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to the easement of public use only in the

Voluntary Guidelines HB 6657 COMMENTS interest of recreation, navigation, floatage, fishing and salvage. The protection of flood plains shall adopt a river basin management approach, in order to come up with integrated flood mitigation interventions. Development within flood plains and other flood-prone areas must be controlled or, if allowed, must be so sited, constructed and serviced that life of occupants are not put at risk and that disruptions during floods are minimized. The identification and characterization of flood-prone areas and flood plains shall be an integral part of the CLUP preparation. Through the CLUPs and zoning ordinances, LGUs shall establish land use regulations to mitigate flood risks. To promote the best interest and the coordinated protection of flood plains, the Department of Public Works and Highways (DPWH), in coordination with Department of Science and Technology (DOST) and DENR, shall declare flood control areas, as necessary, and shall prohibit or control activities that could damage or cause deterioration of lakes and dikes, obstruct the flow of water, change the natural flow of rivers, increase flood losses or aggravate flood problems pursuant to the Water Code of the Philippines. SECTION 29. Disposition of Public Lands for Fishponds. Upon the effectivity of this Act, but subject to existing rights and the preceding section, no fishpond lease agreement (FLA) shall be issued for tidal swamps, mangroves and oilier swamps, marshes, ponds, foreshore lands, and coastal areas within public lands, including those presently

Voluntary Guidelines HB 6657 COMMENTS declared available for fishpond development. The LUPC, in coordination with the DENR, the DA, the FARMCs and the LGUs shall set aside a portion of available public lands for fish propagation, fish sanctuary, conservation, ecological purposes and fisherfolk settlement areas. Fishponds covered by existing FLAs, but are abandoned or are not operating efficiently and are found suitable for mangroves shall be reforested with mangroves. SECTION 30. Immediate Restoration of Converted Mangrove Areas. The DENR, in coordination with the FARMCs and other concerned agencies shall immediately take steps in the restoration of all abandoned, undeveloped and underutilized fishponds to their original state as mangrove forests. Article Seven. Mineral Lands SECTION 31. Policies on Mineral Lands. Land use policies for mineral lands shall be geared towards the rational, ecologically sound, and sustainable use of mineral resources which shall promote economic growth for the local economy and uphold the human rights of indigenous peoples and local communities in the affected areas. SECTION 32. Criteria for the Utilization and Allocation of Land for Mining Purposes. The allocation and utilization of lands for mining purposes shall be guided by the following:

1. The principles of sustainable development; 2. In case of small-scale mining, adequate and

acceptable safeguards shall be instituted by the holders of mining rights or permits to prevent environmental degradation of the

Voluntary Guidelines HB 6657 COMMENTS mining sites and adjacent areas;

3. Mineral reservations which have become non-

operational for more than ten (10) years as determined by the Mines and Geosciences Bureau (MGB) shall be placed under appropriate surface management by the DENR; and

4. Ancestral domains declared as protected by

virtue of their ADSDPP as well as all watershed areas shall be closed to mining.

SECTION 33. Reversion of Mineral Lands. All mineral lands with exhausted mineral resources, as determined by the MGB, shall automatically revert to their original land classification, that is, as forest land or agricultural land. The concerned mining companies shall bear the full cost of rehabilitation of these areas. Article Eight. Energy Resources SECTION 34. Guidelines for the Utilization and Allocation of Lands for Energy Resource Exploration, Development, Production, Utilization, and Distribution Purposes. To ensure that the objectives of maintaining ecological balance and maximizing the power potential from indigenous energy resources in the most economical and environmentally-acceptable means are realized, the allocation and utilization of lands shall be guided by the following, consistent with existing regulations and laws on energy resources:

1. Indigenous energy resource exploration and

development for the purpose of creating a

Voluntary Guidelines HB 6657 COMMENTS National Energy Resource Inventory and Data Base as well as an Energy Resource Block Map shall be allowed subject to the implementation of complementary watershed and other land management plans;

2. Indigenous energy resource

exploration, development production, utilization, and distribution shall be subject to the appropriate requirements and processes of the Philippine Environmental Impact Statement (EIS) system. Each project shall secure an Environmental Compliance Certificate (ECC) prior to project implementation to ensure that adequate and appropriate environmental management measures and optimum methods for resource access and recovery are used;

3. Protected areas defined in Section 6 shall

be closed to any kind of energy resource development;

4. Energy reservations or portions thereof

which have become or have been established to be non-economically viable to operate or are no longer used for energy purposes shall be reclassified to other land uses, subject to existing laws covering energy reservations; and

5. Renewable energy shall be preferred over other energy resource.

SECTION 35. Reversion of Energy Resource Lands. All exhausted indigenous energy resource lands as

Voluntary Guidelines HB 6657 COMMENTS determined by the Department of Energy (DOE), which are not covered by proclamations shall automatically revert to the category of forestlands or agricultural lands open to disposition, whichever is appropriate, unless the DENR shall classify such areas for other purposes. Exhausted energy resource lands shall refer to specific energy resource sites whose energy reserves of the desired type/s are no longer in sufficient quantity or quality to justify additional expenditure for their extraction and utilization.

Article Nine. Settlements Development SECTION 36. Towns, Cities, and Settlements Development. The development of towns, cities, and settlements through the zoning ordinances of cities and municipalities shall be guided by urban zoning standards designed to maximize existing urban spaces. SECTION 37. Settlements within Geo-hazard Areas and/or High Risk/Danger Zones. Settlements within geo-hazard areas and/or high risk/danger zones shall not be allowed. In cases where there are existing settlements within geo-hazard areas and/or high risk/danger zones, the concerned government agencies shall provide assistance to concerned LGUs and settlers in instituting safety and corrective measures to address the potential danger or risk. SECTION 38. Designation of Waste Disposal Site. Each city or municipality shall identify, designate and allocate an area within its territorial

Voluntary Guidelines HB 6657 COMMENTS jurisdiction to serve as waste disposal site within one (1) year from the effectivity of this Act. The LGUs, in coordination with the DENR or any other competent authority, shall identify solid waste disposal sites in order to fast-track the conduct of the Environmental Impact Assessment (EIA) study and to facilitate the processing of the ECC. The site or area shall be identified in the city or municipality's CLUP. For this purpose, cities and municipalities shall establish their solid waste management program. Likewise, as provided under Section 33 of the LGC, cities and municipalities may, through appropriate ordinances, bind themselves towards the establishment of a common solid waste management program. Within ninety (90) days from the effectivity of this Act, the DENR, in coordination with concerned agencies, shall promulgate the necessary guidelines and standards for the formulation and establishment of solid waste management programs by cities and municipalities, and shall submit the same to the NLUPC for review and approval. SECTION 39. Designation and Zoning of Socialized Housing Zones. Each city or municipality in urban or urbanizable and rural areas shall designate lands for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in their territory, pursuant to existing laws and regulations. The designated sites for socialized housing shall be located in residential zones, and shall be zoned as socialized housing zones that are integrated in the city’s or municipality's zoning ordinance, duly

Voluntary Guidelines HB 6657 COMMENTS approved by the NLUPC, pursuant to existing laws and regulations. Preference shall be given to lands proximate to public transportation facilities which may include inter alia railways and public terminals. Fisherfolk settlements and housing in coastal municipalities shall be zoned near the sea for easy access to their livelihood as provided under Sections 24 to 26 hereof. The location of resettlement areas may either be on-site or off-site and shall be within the city or municipality and shall consider accessibility of the affected community to employment, economic activities and social services. Within ninety (90) days from the effectivity of this Act, the NLUPC, in coordination with concerned agencies, pursuant to HUDCC Resolution No. 521, Series of 1992, Executive Order No. 124, Series of 1993 and other pertinent guidelines on the matter, shall promulgate the necessary guidelines for the identification and designation of socialized housing sites. All cities and municipalities in urban and urbanizing areas shall identify and designate their socialized housing sites within one (1) year from the effectivity of this Act and must submit the list of these sites and their respective areas to the HUDCC. These sites shall be used exclusively for socialized housing as defined in the UDHA. SECTION 40. Zoning of Identified Sites for Socialized Housing. The identified sites for socialized housing shall be located in residential zones, identified by the city or municipality's Zoning

Voluntary Guidelines HB 6657 COMMENTS Ordinance (ZO) duly approved by the NLUPC. However, for cities and municipalities where the identified sites are not within the said residential zones, the location shall be within the priority sites and conform with the suitability criteria as defined in Sections 6.3 and 6.4 of the Guidelines in HUDCC Resolution No. 521, Series of 1992, or as may be defined in subsequent issuances. The identified sites shall be zoned as socialized housing zones as defined herein. The current ZO of the LGUs shall be reviewed and revised such that the socialized housing component shall be integrated thereto. SECTION 41. Valuation of Lands for Socialized Housing. Equitable land valuation guidelines for socialized housing shall be set by the Department of Finance (DOF) on the basis of the market value reflected in the zonal valuation, or in its absence, on the latest real property tax declaration. For sites already occupied by qualified beneficiaries under the UDHA, and sites identified as Socialized Housing Zones as defined in this Act, the DOF shall factor into the valuation, the blighted status of the land as certified by the local government unit or the National Housing Authority (NHA). SECTION 42. Criteria for Settlement Sites. The following are the criteria for identifying settlement areas:

1. Within alienable and disposable lands but not in environmentally-critical, geo-hazard or other protection areas;


2. Along established urban growth directions;

3. With provisions for or can be provided with basic services and utilities;

4. Within the 0-8% slope range; and

5. Accessible from existing built-up areas and other employment centers through existing or proposed roads and other transportation facilities.

SECTION 43. Urban Forest or Green Space. Each city or highly-urbanizing municipality shall identify, designate, and allocate lands owned by the city or municipality as urban forest or green space, based on the guidelines and standards to be issued by the DENR and approved by the NLUPC. SECTION 44. Protection of Ecological Harmony. To ensure the ecological harmony of towns, cities and settlements, certain projects that can alter the present use of a zoned area shall not be issued a building permit, business permit, and/or development permit. The identification of these projects shall be done in coordination with the LGU concerned. LGUs shall be required to designate restoration areas in their forest land use plans.

Article Ten. Industrial Development Areas/Sites SECTION 45. Criteria for Designating Industrial Development Areas. The identification and

Voluntary Guidelines HB 6657 COMMENTS establishment of industrial development areas shall conform to the provisions of the SEZA Law, the Comprehensive Agrarian Reform Law (CARL), IPRA, UDHA, the Fisheries Code and the AFMA, taking into consideration the following:

1. Identified network of areas for agricultural development and protected agricultural areas pursuant to the AFMA;

2. National policies on the regional dispersal of industries and agri-based industrial development;

3. Identified growth areas and corridors in the National Development Plan;

4. NIPAS and non-NIPAS areas such as but not limited to KBAs and restored areas that require protection;

5. National and Urban Development and Housing Framework;

6. Identified Socialized Housing Zones; and

7. National Framework for Physical Planning and other existing national programs and policies.

The designated industrial development areas shall be located only in production land use areas and shall become an integral part of the land use plan and zoning ordinance of the city or municipality where these areas are located. The laws on CARP Extension with Reforms, IPRA, UDHA, the Fisheries Code, AFMA and the Local Government Code shall

Voluntary Guidelines HB 6657 COMMENTS apply to all Special Economic Zones and Free Ports.

Article Eleven. Tourism Development Areas

SECTION 46. Criteria for Designating Tourism Development Areas. The identification, selection, and development of tourism development areas and tourism estates shall be done in consultation and coordination with the concerned LGUs, national government agencies, the private sector and the affected communities. Tourism development areas shall likewise include those covered by legislative and executive issuances such as tourist spots, tourist zones and tourism ecozones which can be developed into tourism estates or integrated resort, leisure and recreation complexes and other tourism-related facilities as well as those identified in the national, regional, and area-specific tourism master plans and other sector plans, such as ecotourism and agri-tourism sites; Provided, That such sites designated for tourism development are outside of areas identified for protection land use. As much as practicable, community-based tourism shall be the principal mode of tourist spot operation. The laws on CARPER, IPRA, UDHA, Fisheries Code, AFMA, Local Government Code and the National Ecotourism Strategy shall apply in all tourist zones and tourist development areas. Designated areas for tourism development shall become part of the CLUPs and ZOs of the cities or municipalities where these are located. SECTION 47. Identification and Preservation of Cultural Heritage. In accordance with Republic Act No. 10066 or the National Cultural Heritage Act of

Voluntary Guidelines HB 6657 COMMENTS 2009, the National Historical Commission of the Philippines (NHCP), the National Museum (NM), and the National Commission for Culture and the Arts (NCCA) in coordination with other concerned agencies, local communities, and the private sector, shall identify and declare areas and structures which shall be protected and/or preserved as part of Philippine cultural heritage. The NHCP and the NM in consultation with the NCCA and the HLURB shall designate heritage zones to protect the historical and cultural integrity of a geographical area significant to national history. The LGUs in consultation with the NHCP, the NM, and the NCCA shall designate heritage zones to protect the historical and cultural integrity of geographical areas and cultural spaces of intangible cultural properties, which are significant to a city/ municipality and the community.

Article Twelve. Infrastructure Development

SECTION 48. Allocation and Use of Land for Infrastructure Development. Land, whether public or private, shall be allocated and utilized for priority infrastructure projects that are supportive of national or local development objectives. The National Economic and Development Agency (NEDA), in consultation with the concerned national government agencies, LGUs, and the private sector shall identify and periodically review, update and/or revise the list of priority infrastructure projects under an over-all national strategic infrastructure development plan subject to the provisions of this Act, AFMA and IPRA; Provided, That such national strategic infrastructure development plan shall be

Voluntary Guidelines HB 6657 COMMENTS consistent and integrated in the objectives and directions of the NPFP. In determining and evaluating the list of priority infrastructure projects, consideration shall be given to those that:

1. Respond to immediate and vital requirements of the national and regional economy with priority to improving production-market integration, inter-nodal transport, conveyance and logistics linkages, rural infrastructure and the development of the agriculture and fisheries sectors;

2. Upgrade existing facilities to international public safety standards;

3. Address the need for sustainable settlements development; and

4. Mitigate the destructive effects of natural disaster-causing phenomena or those that shall serve as alternatives to existing infrastructures found in natural hazard-prone areas;

Provided, That the provision and implementation of infrastructure support shall be made compatible with existing environmental conditions and the physical, whether natural or human-made, and cultural character of the area. Mandatory public consultations pursuant to existing laws and regulations shall be held prior to the conduct of all infrastructure projects that will necessarily involve dislocation or displacement of people in the area;

Voluntary Guidelines HB 6657 COMMENTS Provided, further, That the proponent of the infrastructure project shall follow the rules on just and humane eviction or demolition under Section 28 of the UDHA as a last resort, notwithstanding the provisions of Republic Act No. 8975, prohibiting lower courts from issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions, and that the proponent shall follow provisions of the IPRA, particularly those pertaining to the rights of IPs/ICCs in case of displacement; Provided, finally, That national government infrastructure projects shall provide budgetary allocations for the adequate relocation of displaced communities. SECTION 49. Infrastructure Projects Within Geo-hazard Areas. Construction of priority infrastructure projects within hazard-prone areas shall be allowed: Provided, That mitigating and/or preventive measures are adopted and implemented to address the potential adverse economic, socio-cultural, and environmental impacts that will emanate from these infrastructure projects, subject to the findings and recommendations of a feasibility study/EIA in accordance with Presidential Decree No. 1586 (EIS System) and Republic Act No. 4846 or the Cultural Properties Preservation and Protection Act. Existing projects that did not go through the process of an environmental impact assessment and which pose threats to the environment, or the integrity of historic, archaeological, or scientifically significant areas, or impinge on critical ecosystems,

Voluntary Guidelines HB 6657 COMMENTS may be terminated immediately, or gradually phased-out and relocated, or maintained up to their life span, subject, however, to mitigating measures: Provided, That the rules on mandatory public hearings/consultations and just and humane eviction or demolition shall also be observed prior to the termination, gradual phase-out, or relocation of projects that will necessarily involve dislocation or displacement of people in the area.

Chapter 4: Physical Framework and Land Use Plan, (Section 50-54) SECTION 50. National Land Use Planning Process. The physical framework and land use planning process shall be participatory, following a combined bottom-up and top-down approach, with mandatory public hearings/consultations conducted at all levels, and shall consider available and updated multidisciplinary scientific information of land uses. A set of national policy guidelines and standards for physical planning shall be formulated by the National Land Use Policy Council (NLUPC). These shall guide the preparation and formulation of the national, regional and provincial physical framework plans (NPFP/RPFP/PPFP) and city/municipal comprehensive land use plans (CLUP). These standards shall give due consideration to conflicting uses and areas being used, declared or designated for agrarian reform, protected areas, coastal resource management and/or ancestral domains. The National Physical Framework Plan (NPFP) shall

In relation to 20.3, last sentence (National, regional and local spatial plans should be coordinated.) Sections 50-54 provides for the coordination and harmonization of the national, regional, provincial and city/municipal land use plans. This harmonization ensures that the land use plans done in the local level is in accordance with the national physical framework standard/plan formulated by the NLUPC. This NPFP will be formulated based on national guidelines formed through public participation/consultation following a combined bottom up approach.

Voluntary Guidelines HB 6657 COMMENTS define the national strategy and objectives of the country’s urban, rural and regional development. It shall guide the rational distribution of population, access to economic opportunities and social services, sustainable utilization of resources, and maintenance of environmental integrity. Furthermore, it shall consider the existing Regional Physical Framework Plans (RPFPs), Provincial Physical Framework Plans (PPFPs) and Comprehensive Land Use Plans (CLUPs) of the LGUs. The RPFPs, the PPFPs and the CLUPs, which cover the physical development of their respective territories, shall be consistent with the NPFP; Provided that the integration and harmonization of physical framework plans at all levels shall be iterative to ensure that the concerns of both top and bottom levels of government are considered in the NPFP, RPFPs, PPFPs and CLUPs. The physical and land use plans prepared at all levels shall be consistent with each other, specifically on the linkages of the major land use categories to ensure their complementation in the utilization, development and management of resources. The period of coverage of the national, regional and provincial framework plans and comprehensive municipal land use plans (CLUPs) shall be for thirty (30) years with regular review and updating every ten (10) years. SECTION 51. National Physical Framework Plan.

Voluntary Guidelines HB 6657 COMMENTS The NPFP shall guide the planning and management of the country's land and other physical resources at the national and sub-national levels, and indicate broad spatial directions and policy guidelines on protection land use, production land use, settlement development and infrastructure development. The NPFP shall be the basis for adopting the land use and physical planning-related guidelines, including zoning and other land use control standards that will guide the formulation of city/municipal zoning ordinances. The NLUPC, in consultation with concerned sectors and communities shall update the NPFP after such period that objectives and goals set by the NPFP have been substantially achieved. It shall also formulate and issue the appropriate planning guidelines and standards through which all physical planning and land use and management of resources shall be reviewed, prepared, formulated and monitored. The resulting land use plan/physical framework shall be the basis for the identification, formulation and development of national and local development plans, programs, projects and activities of government at all levels. SECTION 52. Regional Physical Framework Plan. The RPFP shall provide broad spatial directions and policy guidelines on protection land use, production land use, settlement development, and infrastructure development at the regional level and guide the formulation of the PPFPs. It RPFP shall consider the existing PPFPs and the CLUPs of LGUs within the territorial jurisdiction of the region.

Voluntary Guidelines HB 6657 COMMENTS The Regional Land Use Policy Council (RLUPC), created under Section 62 of this Act, shall formulate and periodically update the RPFP based on the guidelines issued by the NLUPC, in a manner consistent with and following the objective of the NPFP. Likewise, the Medium-Term Regional Development Plan (MTRDP) and the Medium-Term Regional Development Investment Program (MTRDIP) shall be guided by and made consistent with the objectives identified in the RPFP. SECTION 53. Provincial Physical Framework Plan. The PPFP shall determine the physical development of the entire provincial territory, consolidate and harmonize the comprehensive land use plans of component cities and municipalities, consistent with the RPFP. It shall reflect the indicative land use management and physical development direction of the province. Further, the PPFP shall serve as basis for other sectoral and development plans related to land, natural resources, and infrastructure facilities, including the development plan of the province; reconciliation and rationalization of land use proposals among component cities and municipalities and with the higher level framework plan; guiding development agencies and private developers, particularly those that undertake large-scale projects; and providing a basis for resolving conflicts arising from the implementation of land use plans and development projects involving two or more municipalities. The PPFP shall serve as the basis for the

Voluntary Guidelines HB 6657 COMMENTS preparation of the Provincial Development Plan (PDP) and Provincial Development Investment Program (PDIP). The PPFP, PDP, PDIP and/or Provincial Physical Framework and Development Plan (PPFDP) shall serve as the basis for the formulation of sectoral action plans of national government agencies in the province and all LGUs within its jurisdiction. The province may opt to prepare their PDP alongside the preparation of PPFP and consolidate them into a PPFDP; Provided, That PPFDP shall remain consistent with the PPFP. Provided further that any review or changes in the PPFP shall coincide with the over-all review process of the NPFP. The Provincial Land Use Planning and Management Board (PLUPMB), created under this Act, shall ensure that the PPFP is consistent with the national and regional planning framework and guidelines issued by the NLUPC/RLUPC. The PPFP shall be presented to the Provincial Development Council (PDC) for endorsement to the Sangguniang Panlalawigan, who shall formally adopt and approve the PPFP. The approved PPFP shall be submitted to the RLUPC for consolidation and integration into the RPFP. Under the general supervision of the PLUPMB, the Provincial Planning and Development Coordinator/Office (PPDC/PPDO) shall provide technical, secretariat and administrative support in the preparation, consultation, integration and formulation process of the PPFP. SECTION 54. City and Municipal Land Use Plans (CLUPs). All barangays shall provide their sectoral,

Voluntary Guidelines HB 6657 COMMENTS temporal and spatial data for the CLUP which shall serve as the foundation for the formulation of the city/municipal CLUPs. The data shall be provided by the Sangguniang Pambarangay through stakeholder consultations. The Comprehensive Land Use Plan (CLUP) shall determine the specific uses of land and other physical and natural resources, both private and public, within their territorial jurisdiction including areas co-managed with the national government and, as appropriate, management plans for ancestral domains, critical watersheds, river basins, and protected areas. The CLUP shall delineate actual boundaries on the ground within the territorial jurisdiction, embody the desired land use patterns of the barangay, city or municipality, translate and integrate sectoral plans, and provide appropriate policies for each of the four land use planning categories. The spatial directions prescribed in the CLUP shall serve as the basis for the preparation and formulation of the Comprehensive Development Plan (CDP) and Local Development Investment Programs (LDIP) of the LGUs. Consistent with the national standards and guidelines prescribed in Section 50, the cities and municipalities shall, in consultation with the concerned sectors, prepare their respective CLUPs. The City/Municipal Land Use Planning and Management Board (C/MLUPB), created under this Act, shall be responsible for the preparation and formulation of the CLUP and ensure its consistency with national and regional physical planning guidelines and standards. Under the general supervision of the respective C/MLUPB, the City/Municipal Planning and Development

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Voluntary Guidelines HB 6657 COMMENTS Coordinator/Office (C/MPDC/PDO) shall provide technical, secretariat and administrative support in the preparation, consultation, integration and formulation process of the respective CLUPs of each city or municipality. The CLUPs shall be submitted by the city/municipal local development councils (LDC) for adoption and approval of the Sangguniang Bayan (SB). The approved CLUPs shall be submitted to the province for integration into the PPFP.

20.4 States should ensure that there is wide public participation in the development of planning proposals and the review of draft spatial plans to ensure that priorities and interests of communities, including indigenous peoples and food-producing communities, are reflected. Where necessary, communities should be provided with support during the planning process. Implementing agencies should disclose how public input from participation was reflected in the final spatial plans. States should endeavour to prevent corruption by establishing safeguards against improper use of spatial planning powers, particularly regarding changes to regulated use. Implementing agencies should report on results of compliance monitoring.

20.5 Spatial planning should take duly into account the need to promote diversified sustainable management of

Voluntary Guidelines HB 6657 COMMENTS land, fisheries and forests, including agro-ecological approaches and sustainable intensification, and to meet the challenges of climate change and food security.

21. Resolution of disputes over tenure rights

21.1 States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of resolving such disputes, and should provide effective remedies and a right to appeal. Such remedies should be promptly enforced. States should make available, to all, mechanisms to avoid or resolve potential disputes at the preliminary stage, either within the implementing agency or externally. Dispute resolution services should be accessible to all, women and men, in terms of location, language and procedures.

21.2 States may consider introducing specialized tribunals or bodies that deal solely with disputes over tenure rights, and creating expert positions within the judicial authorities to deal with technical matters. States may also consider special tribunals to deal with disputes over regulated spatial planning, surveys and valuation.

21.3 States should strengthen and develop alternative forms of dispute resolution, especially at the local level.

Voluntary Guidelines HB 6657 COMMENTS Where customary or other established forms of dispute settlement exist they should provide for fair, reliable, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights. 21.4 States may consider using implementing agencies to resolve disputes within their technical expertise, such as those responsible for surveying to resolve boundary disputes between individual parcels within national contexts. Decisions should be delivered in writing and based on objective reasoning, and there should be a right to appeal to the judicial authorities.

21.5 States should endeavour to prevent corruption in dispute resolution processes.

21.6 In providing dispute resolution mechanisms, States should strive to provide legal assistance to vulnerable and marginalized persons to ensure safe access for all to justice without discrimination. Judicial authorities and other bodies should ensure that their staff have the necessary skills and competencies to provide such services.

22. Transboundary matters

22.1 States should cooperate, in the framework of appropriate mechanisms and with the participation of affected parties, in addressing tenure issues related to land, fisheries and forests which traverse national

Voluntary Guidelines HB 6657 COMMENTS boundaries. States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. In States where transboundary matters related to tenure rights arise, parties should work together to protect such tenure rights, livelihoods and food security of the migrat ing populations while on their respective territories. 22.2 States and other parties should contribute to the understanding of transboundary tenure issues affecting communities, such as with rangelands or seasonal migration routes of pastoralists, and fishing grounds of small-scale fishers, which lie across international boundaries.

22.3 Where appropriate, States should harmonize legal standards of tenure governance, in accordance with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Where appropriate, this should be coordinated with relevant regional bodies and with affected parties. States, with the participation of the affected parties as appropriate, should develop or strengthen existing international measures to administer tenure rights that cross international boundaries. Where appropriate, they should coordinate with

Voluntary Guidelines HB 6657 COMMENTS relevant regional bodies. This should be done especially to protect the livelihoods and, in line with paragraph 4.8 the rights of all those affected. PART 6: RESPONSES TO CLIMATE CHANGE AND EMERGENCIES This part addresses the governance of tenure of land, fisheries and forests in the context of climate change, natural disasters and conflicts.

23. Climate change

23.1 States should ensure that the legitimate tenure rights to land, fisheries and forests of all individuals, communities or peoples likely to be affected, with an emphasis on farmers, small-scale food producers, and vulnerable and marginalized people, are respected and protected by laws, policies, strategies and actions with the aim to prevent and respond to the effects of climate change consistent with their respective obligations, as applicable, in terms of relevant climate change framework agreements.

Through proper land use planning, it expected that in the long run, it will minimize effects of climate change and prevent loss of property and lives. Long term effects of proper/correct land use planning: a) If lands are properly allocated, geo hazard and disaster risk areas will be identified. Following the NLUMA guidelines, either LGUs/national agencies will be able to proceed with mechanisms to free these areas or if not possible to do so, institute engineering solutions which will enable the concerned stakeholders/communities to adapt to the circumstances/conditions b) Through the NLUA, the LGUs will be able to strategically formulate their CLUPs. This means that areas for protection within their territories will not be subjected to spot zoning

23.2 Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also

Voluntary Guidelines HB 6657 COMMENTS consider offering special assistance to small island and other developing states.

for purposes of putting up investments and other structures which will be detrimental to the safety of the communities

23.3 States should facilitate the participation, consistent with the principles of consultation and participation of these Guidelines, of all individuals, communities or peoples, with an emphasis on farmers, small-scale food producers, and vulnerable and marginalized people, who hold legitimate tenure rights, in the negotiations and implementation of mitigation and adaptation programmes.

24. Natural disasters

24.1 All parties should ensure that tenure aspects of land, fisheries and forests are addressed when preventing and preparing for natural disasters and in their responses to them. Regulatory frameworks for tenure, including spatial planning, should be designed to avoid or minimize the potential impacts of natural disasters.

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24.2 States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. All parties

Voluntary Guidelines HB 6657 COMMENTS should act, taking into consideration relevant international principles, including as appropriate the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response. 24.3 States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas.

24.4 States and other parties should address tenure in the emergency response phase. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the rights and livelihoods of others. Legitimate tenure rights of displaced persons should also be recognized, respected and protected. Information on tenure rights and

Voluntary Guidelines HB 6657 COMMENTS unauthorized use should be disseminated to all affected persons. 24.5 States and other parties should address tenure during the reconstruction phase. Persons who are temporarily displaced should be assisted in voluntarily, safely and with dignity returning to their place of origin. Means to resolve disputes over tenure rights should be provided. Where boundaries of parcels and other spatial units are to be re-established, this should be done consistent with the principles of consultation and participation of these Guidelines. Where people are unable to return to their place of origin, they should permanently resettle elsewhere. Such resettlement should be negotiated with host communities to ensure that the people who are displaced are provided with secure access to alternative land, fisheries, forests and livelihoods in ways that do not jeopardize the rights and livelihoods of others.

25. Conflicts in respect to tenure of land, fisheries and forests

25.1 All parties should take steps to prevent and eliminate issues of tenure of land, fisheries and forests as a cause of conflict and should ensure that aspects of tenure are addressed before, during and after conflict, including in situations of occupation where parties should act in accordance with applicable international humanitarian law.

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Voluntary Guidelines HB 6657 COMMENTS 25.2 States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate those of the Convention relating to the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect applicable international humanitarian law related to legitimate tenure rights.

25.3 In order that tenure problems do not lead to conflicts, all parties should take steps to resolve such problems through peaceful means. States should revise relevant policies and laws to eliminate discrimination and other factors that can be a cause of conflicts. Where appropriate, States may consider using customary and other local mechanisms that provide fair, reliable, gender-sensitive, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights to land, fisheries and forests.

25.4 When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and

Voluntary Guidelines HB 6657 COMMENTS international law, States should not recognize tenure rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.

25.5 In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily,

Voluntary Guidelines HB 6657 COMMENTS safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be non- discriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information. 25.6 Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land, fisheries and forests.

25.7 Where appropriate, policies and laws should be revised to address pre- existing discrimination as well as discrimination introduced during the conflicts. Where appropriate or required, relevant agencies should be re-established to deliver services necessary for responsible tenure governance.

PART 7: PROMOTION, IMPLEMENTATION, MONITORING AND EVALUATION

Voluntary Guidelines HB 6657 COMMENTS 26.1 In accordance with the voluntary nature of these Guidelines, States have the responsibility for their implementation, monitoring and evaluation.

26.2 States are encouraged to set up multi-stakeholder platforms and frameworks at local, national and regional levels or use such existing platforms and frameworks to collaborate on the implementation of these Guidelines; to monitor and evaluate the implementation in their jurisdictions; and to evaluate the impact on improved governance of tenure of land, fisheries and forests, and on improving food security and the progressive realization of the right to adequate food in the context of national food security, and sustainable development. This process should be inclusive, participatory, gender sensitive, implementable, cost effective and sustainable. In carrying out these tasks, States may seek technical support from regional and international bodies.

26.3 Development partners, specialized agencies of the United Nations, and regional organizations are encouraged to support voluntary efforts by States to implement these Guidelines, including through South-South cooperation. Such support could include technical cooperation, financial assistance, institutional capacity development, knowledge sharing and exchange of experiences, assistance in developing national tenure policies and transfer

Voluntary Guidelines HB 6657 COMMENTS of technology.

26.4 The Committee on World Food Security should be the global forum where all relevant actors learn from each other’s experiences, and assess progress toward the implementation of these Guidelines and their relevance, effectiveness and impact. Therefore, the Secretariat of the Committee on World Food Security, in collaboration with the Advisory Group, should report to the Committee on World Food Security on the progress of the implementation of these Guidelines, as well as evaluate their impact and their contribution to the improvement of tenure governance. Such reports should be universal and include, inter alia, regional experiences, best practices and lessons learned.

26.5 All parties, including civil society organizations and the private sector, are encouraged to use collaborative efforts to promote and implement these Guidelines in accordance with national priorities and contexts. All parties are encouraged to disseminate information on responsible tenure governance in order to improve practices.

GOVERNANCE OF TENURE

Voluntary Guidelines HB 6657 COMMENTS The guidelines are the first comprehensive, global instrument on tenure and its administration to be prepared through intergovernmental negotiations. The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal and organizational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organizations and people concerned with tenure and its governance. The guidelines place the governance of tenure within the context of national food security, and are intended to contribute to the progressive realization of the right to adequate food, poverty eradication, environmental protection and sustainable social and economic development.

Deutsche Gesellschaft fürInternationale Zusammenarbeit (GIZ) GmbH

Registered officesBonn and Eschborn, Germany

2B PDCP Bank Center, V.A. Rufino corner L.P. Leviste Sts.Salcedo Village, Makati City, Philippines

ContactMax-Johannes BaumannProgram DirectorEnvironment and Rural Development Program

Tel. +63 2 892 9051Fax +62 2 892 3374Email: [email protected]

www.enrdph.org

Asian NGO Coalition for Agrararian Reform and Rural Development (ANGOC)

73-K Dr. Lazcano StreetBarangay Laging Handa,Quezon City, Philippines

T +63 2 351 0011Email: [email protected]

www.angoc.org

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