Presentation - Bridging Issues on Access to Land Partnerships in the Philippines

@nd regional Policy Dialogue @nd regional Policy Dialogue on Agrarian Reform and Rural on Agrarian Reform and Rural Development of the Centre on Development of the Centre on Integrated Rural Development Integrated Rural Development for Asia and the Pacific for Asia and the Pacific (CIRDAP)(CIRDAP)May 30, 2007 May 30, 2007 Sulo Hotel, Quezon CitySulo Hotel, Quezon City

Bridging Issues on Access to Land Bridging Issues on Access to Land through through LAND LAND

Partnerships Partnerships In the PhilippinesIn the PhilippinesFirst Draft

Structure Structure •PART 1PART 1

ENABLING POLICY ENVIRONMENT for ENABLING POLICY ENVIRONMENT for GO-CSO partnership on ACCESS TO LANDGO-CSO partnership on ACCESS TO LAND

•PART 2PART 2Review of GO-CSO MECHANISMS on Review of GO-CSO MECHANISMS on ACCESS TO LAND affecting 1) ACCESS TO LAND affecting 1) farmers/agrarian sector; 2) urban poor ; 3) farmers/agrarian sector; 2) urban poor ; 3) indigenous peoplesindigenous peoples

•PART 3PART 3Options for establishing or strengthening Options for establishing or strengthening MULTISTAKEHOLDER PARTNERSHIPS on MULTISTAKEHOLDER PARTNERSHIPS on LAND ISSUESLAND ISSUES

3 Overall 3 Overall ObjectivesObjectives

The LAND Study examines the FEASIBILITY, CHALLENGES and POTENTIALS for establishing LAND PARTNERSHIPS in the Philippines.

1. Policy context and status of partnership mechanisms

2. Brief assessment on the context, issues, accomplishments and insights from their experiences

3. Assess mechanisms

IPRA

UDHA

CARP

Framework of the StudyFramework of the Study

UDHA-IPRA

CARP-IPRA

UDHA-CARP

??

ACCESS TO LAND POLICIES

• Sec.4-6 – Agrarian Reform for landless farmers and regular farmworkers

• Sec. 7 – Protection of the rights of subsistence fishermen/ communities over inland and offshore communal marine fishing resources

• Sec. 9 – Urban Land Reform and Housing for the poor and homeless citizens in urban centers and resettlement areas

Constitutional Provisions on Access to Constitutional Provisions on Access to LandLand

• Sec.11 – Non-ownership by aliens/foreigners of public utilities

• Sec. 3 – Leasing of alienable lands of public domain • Sec. 4 – Congress determines Conservation areas, limits of forest areas lands and national parks • Sec.5 – Protection of Indigenous People’s Rights to their ancestral lands

Article 12 Article 13

IPRAIndigenous Peoples

Rights Act

Urban and Housing ActUDHA

CARL Comprehensive Agrarian

Reform Law

3 Major Land Sectoral Reforms3 Major Land Sectoral Reforms

RA 6657 - Redistribute 10.3M has. of agricultural land and ISF areas to 3.9 million landless tenant farmers and farmworkers

RA 8371 – Recognizes, promotes and protects the rights of Indigenous Cultural Communities/Indigenous Peoples

RA 7279 – Address the housing shortage through an urban development and housing program

Major Laws on Access to Major Laws on Access to “Commons”“Commons”

Provides for the use and enjoyment of protected areas and the participation of local communities in managing protected areas

National Integrated Protected Areas (NIPAS)

Philippine Mining Act

All mineral resources in public or private lands shall be open to mineral agreement, etc.

Land AdministrationLand Administration

Sec. 17 (a) – Provinces and cities to develop low cost housing and mass dwelling projects

Local Government Code

Land Administration Reform Program (LAMP)

Land administration Land administration systems and public land systems and public land management reformsmanagement reforms

Sec. 20 – LGUs can reclassify agriucltural lands when 1)the land ceases to be economically feasible; and 2) has greater economic value

NCIPDENR

LAMP

IPRAPA 21 PCSD LGUs

NAPC

Mining Act

UDHA

HUDCCNHA

HLURB

Phil.Urban Forum

NIPAS

PAMBPARC

CARP

DAR

PARCCOM

BARC

PCITSpecialConcerns

Inter-agency Linkages

Summary of MechanismsSummary of Mechanisms

1

Philippine Council on Sustainable Development (PCSD)

2

National Anti-Poverty Commission (NAPC)

3

Comprehensive Agrarian Reform Program (CARP) Existing – PARC, PARCCOM, BARC Task Forces/ Special Concerns: SCAT later High Impact Priority Cases DAR-NGO-PO LTI Working Group CARP-Special Legal and Operations Team (SLOT) Peasants Forum and Farmer’s Advisory Council The CAD ARCs Projects Task Force Sugarlands

Con’t.


4 Indigenous Peoples Right Act (IPRA) Task Force 63 replaced by STRAT-QRU Bukidnon TF 63 TF 63 Secretariat TWG on the Harmonization of Law DAR-NCIP Composite and Policy Review and Formulation

Group TWG on ARCDP2

5 Urban Poor Development Housing (UDHA) Local Housing Board Philippine Urban Forum

6 Land Administration Management Program (LAMP) Task Force -Lara

7 Environment and Natural Resources Protected Area Management Board (PAMB)


7 Themes (PCSD, NAPC, 7 Themes (PCSD, NAPC, CARP, IPRA, UDHA, CARP, IPRA, UDHA, LAMP, ENR)LAMP, ENR)

24 Mechanisms studied24 Mechanisms studied 2 no longer exist 2 no longer exist

(Peasants Forums & (Peasants Forums & Taskforce Sugarlands); Taskforce Sugarlands); 10 Legislated 10 Legislated Mechanisms, 13 Special Mechanisms, 13 Special concerns, 1 NGO-led concerns, 1 NGO-led (TriPARRD)(TriPARRD)

Conflicts & Disputes in Land Conflicts & Disputes in Land Policy IssuesPolicy Issues

Land Categories, Land Categories, State lands and State lands and resourcesresources 3 categories: Protected 3 categories: Protected areas,Alienable and Disposable areas,Alienable and Disposable lands, privately-owned landslands, privately-owned lands Do not reflect actual land useDo not reflect actual land use State vs. private ownership of State vs. private ownership of protected areasprotected areas Actual delineation of forestlands Actual delineation of forestlands unclearunclear State vs. IP rights over mineral State vs. IP rights over mineral lands/ resources found in ancestral lands/ resources found in ancestral domainsdomains

Overlaps between ancestral Overlaps between ancestral domain claims and mining & timber domain claims and mining & timber concessionsconcessions Land certificates issued over lands Land certificates issued over lands covered by ancestral domain claimscovered by ancestral domain claims Treatment for poor non-IP settlers Treatment for poor non-IP settlers within CADC or CADT landswithin CADC or CADT lands Ancestral domains not limited to Ancestral domains not limited to uplands and forestlandsuplands and forestlands

Conflicts & Disputes in Land Conflicts & Disputes in Land Policy IssuesPolicy Issues

Questions of Land Questions of Land AdministrationAdministration Major cause of fraudulent land titlingMajor cause of fraudulent land titling Overlapping and fragmented Overlapping and fragmented responsibilities among 19 land agenciesresponsibilities among 19 land agencies Conflicting/outdated land Conflicting/outdated land administration lawsadministration laws Poor management of land recordsPoor management of land records Incomplete, non-matching cadastral Incomplete, non-matching cadastral information/ mapsinformation/ maps Better Land administration, though Better Land administration, though needed, is not enough to address land needed, is not enough to address land reform itself.reform itself.

Questions of Land Questions of Land UseUse Conversion of agrarian reform Conversion of agrarian reform lands to non-agricultural useslands to non-agricultural uses Different laws passed for the Different laws passed for the classification and re-classification of classification and re-classification of lands (R.A.7357, 7668,7916, etc.)lands (R.A.7357, 7668,7916, etc.) National Land Use Act pending in National Land Use Act pending in CongressCongress Few municipalities with updated Few municipalities with updated land use plansland use plansCSO concerns over CSO concerns over emerging shifts in land emerging shifts in land policiespolicies Shift to market oriented land reforms “Farmland as Collateral” (FAC) Bill Charter change

Assessment of joint GO-CSO Assessment of joint GO-CSO Mechanisms studiedMechanisms studied

1.1. Overall FocusOverall Focus Highly sectoral focusHighly sectoral focus Few mechanisms dealing Few mechanisms dealing

with cross sectoral issueswith cross sectoral issues 3 mechanisms (PCSD, NAPC, 3 mechanisms (PCSD, NAPC,

LAMP) have reps from LAMP) have reps from various sectors and deal various sectors and deal with crosscutting themeswith crosscutting themes

Discussions on access to Discussions on access to land are still largely sectoralland are still largely sectoral

Resolution/ action agenda Resolution/ action agenda seldom adopted at local levelseldom adopted at local level

2. 2. Structure/CompositionStructure/Composition

Few reps from private sector; but confusion Few reps from private sector; but confusion also between NGOs and other private also between NGOs and other private sector groups (e.g., businesses, etc.)sector groups (e.g., businesses, etc.)

NGOs/POs either voluntary, selected by NGOs/POs either voluntary, selected by sector, or appointed by governmentsector, or appointed by government

CSO reps hard to select from lack of CSO reps hard to select from lack of established processesestablished processes

Ad hoc groups/task forces seem more Ad hoc groups/task forces seem more effective effective

Continuity vulnerable to gov’t. changesContinuity vulnerable to gov’t. changes Successful mechanisms highly depend on Successful mechanisms highly depend on

good facilitation good facilitation Too Manila-centered nat’l. mechanismsToo Manila-centered nat’l. mechanisms


3. 3. Function/ManFunction/Mandatedate

Usually with legal mandateUsually with legal mandate CSO/Basic Sector led CSO/Basic Sector led

mechanisms rooted in a mechanisms rooted in a campaign or advocacycampaign or advocacy

Some mechanisms formed Some mechanisms formed under a foreign-assiste under a foreign-assiste project.project.

4. Accomplishments4. AccomplishmentsPositive outcomesPositive outcomes Political negotiationsPolitical negotiations Better view of policy impacts and implications Better view of policy impacts and implications

(with local perspectives, etc.)(with local perspectives, etc.) Transfer/sharing of knowledge, experiences and Transfer/sharing of knowledge, experiences and

resourcesresources Occasional resolution of casesOccasional resolution of cases Public constituency for reformsPublic constituency for reforms

Common issuesCommon issues Political will defines continuityPolitical will defines continuity Turfing/overlaping roles of gov’t. agenciesTurfing/overlaping roles of gov’t. agencies Inadequate feedback to local constituenciesInadequate feedback to local constituencies


5. Funding/Resources5. Funding/Resources Gov’t resources sometimes neededGov’t resources sometimes needed Donor-led mechanisms end with the Donor-led mechanisms end with the

project cycleproject cycle CSOs seen as “equal partners” if able CSOs seen as “equal partners” if able

to counterpart to counterpart

6. Partnerships6. Partnerships Critical collaboration as a common Critical collaboration as a common

stancestance Comsensus building decision making Comsensus building decision making

processs; Agree to Disagreeprocesss; Agree to Disagree Internal dynamics among CSOsInternal dynamics among CSOs Inadequate Feedback mechanisms to Inadequate Feedback mechanisms to

the basic sectorsthe basic sectors

On Possible ThemesOn Possible Themes

Is there a common platform for a land Is there a common platform for a land partnership?partnership?

Land reform is a continuing “political act”.Land reform is a continuing “political act”. Constant problem solving, dialogue and Constant problem solving, dialogue and

negotiationsnegotiations Negotiation among the different sectorsNegotiation among the different sectors Society’s preferences regarding land useSociety’s preferences regarding land use

Possible Themes for LAND PartnershipsPossible Themes for LAND Partnerships

General thematic areas

Sub-themes Key issues to address What existing institutional GO-CSO

joint mechanisms address these

issues?

1. Regular mechanisms that monitor and ensure the inclusion of access to land, especially Agrarian Reform, in the national development agenda/programs Agrarian Reform Addressing CARP

program requirements

CARP budget (congressional allocations, recovery of ill-gotten wealth, debt swaps)Access to land, particularly Agrarian Reform, are often least prioritized in the country’s development agenda. In President Arroyo’s 10-point agenda, there was no specific mention of agrarian reform or the protection of indigenous rights although housing was included.

NAPC, PCSD


2. Completion of existing land-focused reform programs – CARP and IPRA2.1 CARP implemen-tation

Addressing policy bottlenecks in CARP implementation

Problematic land cases (land conversion, landowner resistance, etc)Policy issues and gaps (UPALs,[1] land valuation, etc)

PARC, PARCCOM, BARCAd hoc DAR task forces have been created to respond to specific agrarian cases. No regular policy forum. Policy issues are discussed during occasional forums.

GO-CSO complementation of efforts at field-level

Delivery of support services to AR beneficiariesCapacity building, staff training & retooling

Mainly project-based complementation at municipal & provincial levels, especially within those projects funded by ODA, & sometimes under sub-contracting arrangements with NGOs & POs.

[1] UPAL refers to untitled, private agricultural lands.


2. Completion of existing land-focused reform programs – CARP and IPRA2.2 IPRA implementation

Negotiation, formulation of implementing guidelines for IPRAComplementation of efforts at field-level

Formulation of local ancestral domain plans (ADSDPs)Delivery of support services

[1] UPAL refers to untitled, private agricultural lands.

Possible Themes for LAND PartnershipsPossible Themes for LAND Partnerships3. Inter-sectoral discussions and negotiations to resolve inter-policy conflicts and to harmonize overlapping institutional mandates under different land-related legislationsAddressing overlaps in land use classification & management

Land conversions using LGU powers to avoid coverage under CARPPremature urbanization (i.e., “city-hood”) & conversion of agricultural lands to other uses in order to widen the local tax base

None.

Addressing overlapping areas covered by CARP & IPRA

Overlapping land claims between agrarian reform beneficiaries and IPs, and between ISF farmers and IPsVague delineation of public and private domain including alienable and disposable lands

DAR/DENR-NCIP policy discussions conducted to harmonize implementation of CARP and IPRA, but no clear participation of CSOs in such process.

Possible Themes for LAND PartnershipsPossible Themes for LAND Partnerships3. Inter-sectoral discussions and negotiations to resolve inter-policy conflicts and to harmonize overlapping institutional mandates under different land-related legislationsAddressing the need for affordable lands for housing purposes for the urban poor

Need to convert raw agricultural lands to provide cheap, affordable housing for the urban poor At the same time, need to ensure that conversion of agricultural lands is not done by landowners just to evade coverage under CARP

Several consultative mechanisms involving GOs, NGOs & the private sector exist (e.g., Housing Summit, Philippine Urban Forum), but the agricultural/ agrarian reform sector has not been represented.

Addressing policy conflicts and land management overlaps

Overlapping land claims between IPs and mining & timber concessionsEntry & tenurial status of non-IP migrants in ancestral domain landsNeed for harmonization between ancestral domain plans (ADSDPs) and ENR polices on conservation & resource managementOthers

DENR-NCIP Joint Committee established to harmonize implementation of ENR laws and IPRA, but no clear participation of CSOs in such process.Pilot efforts to harmonize land use plans between IPs, DENR, and LGU have been initiated at municipal level (i.e., creation of a local conflict-resolution body, “Task Force Comadron” in Impasug-ong, Bukidnon)

Possible Themes for LAND PartnershipsPossible Themes for LAND Partnerships4. Pro-active policy discussions towards new land legislations

4.1 Comprehen-sive land use policy

Addressing overlapping claims among different sectors; promoting equitable and sustainable land use

Need to ensure continuing asset reforms & land access for poor sectorsNeed to harmonize conflicts & overlaps among different land legislations

Congressional hearings have been conducted at the initiative of sponsoring legislators. However, no GO-CSO institutional mechanisms have been established to forge broader public consensus on the issues.

4.2 Land administra-tion reform

Addressing the reform of land administration system in terms of administrative institutions, laws, taxes & fees, and land valuation

Ensuring transparency, efficiency, responsiveness & accountability of servicesRemoving political intervention in land administration (e.g., land valuation, land records)

Consultations were conducted on the Land Administration Reform Act (LARA Bill) with basic sectors in 2003, through the National Anti-Poverty Commission (NAPC). Separate consensus building process being undertaken with the private sector. Congressional hearings also conducted at the initiative of legislators. Ongoing discussions under the DENR Land Management Project (LAMP)

Possible Themes for LAND PartnershipsPossible Themes for LAND Partnerships5. Broad-based policy discussions, consensus-building & joint advocacy vis-à-vis pending bills & policies that threaten to reverse the gains of land-related reforms 5.1 Planned & pending amendments to existing reform legislations

Protecting the gains made under existing land-related reform policies in the 1987 Constitution, in view of efforts by certain sectors to amend the Charter. (Charter change)

Need to anticipate & to address possible efforts at Constitutional amendments, including:Possible reversals of land-related reform provisions;Possible removal of existing restrictions over foreign ownership of lands, natural resources & utilities

The proposal towards Charter change – i.e., whether to proceed, how it is to be instituted, and which sections are to be reviewed & amended – are still currently under public discussion & debate. Hence, no GO-CSO mechanisms have yet been established.

Key Questions for DiscussionKey Questions for Discussion

A. A common, multi-stakeholder agenda?

C. Work on existing structures?

D. At what level?

B. Formal or loose and consultative?

Possible Options for Next StepsPossible Options for Next Steps

Mechanism Framework Description1. Coordination/ Umbrella

Like NAPC and PCSD, which bring together a wide range of sectors and broad constituencies under common themes/ shared agendas of “poverty eradication” and “sustainable development”, respectively. Such multi-sectoral structure is best for formulating/ negotiating policies and programs, and for monitoring progress and issues in national programs.A land partnership could be established as a special thematic group within an existing mechanism such as PCSD or NAPC – initially ad hoc, with the possibility later of having a more institutionalized presence with a facilitating/ monitoring role.

NAPC/PCSD


2. Special Thematic Forums

This arrangement takes cognizance of the fact that the existing mechanisms are still structured along sectoral representations and thematic interests. There is expressed interest, yet still limited knowledge and appreciation of cross-sectoral land issues. Specific institutions could be assigned to organize forums on specific themes or topics. Initially, the issue of “Land Conversion” has been identified as one important topic, which could involve CSOs from both the agrarian reform/ agriculture sector and the urban sector, along with local government (LGU) representatives. Discussions would be better informed with specific case studies and documentation of local initiatives. Further follow-up actions could be undertaken. A small ad hoc committee, based on GO-CSO “counterparting arrangements,” could be organized to coordinate the process.

UDHA(urban poor)

CARP(farmers)

IPRA(indigenous peoples)


3. Legislative Campaigns

CSOs naturally take the lead role in such campaigns, and the selection of a facilitating agency or committee will depend on the specific legislation being addressed. Existing forums could be enlarged and made more inclusive – e.g., NAPC discussions on the LARA bill, and follow-up of PCSD on the bill for a Comprehensive Land Use Act. In the agrarian reform sector, a major legislation is the pending “Farmland as Collateral” bill, which, to agrarian reform advocates appears as a threat to the reform program itself. Discussions and negotiations could be established with selected legislators under a Joint Forum.

CSOs

Government

Legislative


4. Field Implementa-tion within Sectors

This involves working on a more local area-based approach, based on tripartite working arrangements among CSOs, line agency and LGU. Task forces and pilot-testing initiatives could be undertaken to address particular bottlenecks in current land-related reform programs. Under IPRA, some local initiatives are underway for harmonizing local LGU land-use and development plans with the ancestral domain plans of IP communities covered by CADCs or CADTs. Still, other field approaches may have potential for scaling-up, thus, a further need for forums among field implementing agencies and practitioners.

CSOs

LGU

Line Agencies

Presentation - Bridging Issues on Access to Land Partnerships in the Philippines

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