Summary of findings
In spite of the Fisheries Code, other laws and programs, municipal fisherfolk
continue to experience inequality and conflicts over access to coastal resources.
First and foremost are the conflicting laws and policies, and the overlapping
jurisdictions among government agencies. For instance, DA is mandated to
ensure production of food and thus, requires coastal resources for the production
of food. This sometimes leads to the conversion of mangrove forests into
fishponds. The DENR on the other hand, is mandated to protect and manage the
country’s resources, including the coastal resources such as mangroves, corals
and seagrass. Thus, it is supposed to protect the mangrove resources. But while
reversion of abandoned fishponds is mandated by law, the DENR is constrained
to establish jurisdiction over these areas until these fishponds are formally
turned over to DENR.
There is also conflict in the exercise of fisherfolk rights to management of the
coastal resources. While the law mandates the formation of FARMCs, their role
is merely recommendatory, subject to the approval of the LGU and other policy
makers. Members of FARMCs are all volunteers and can be constrained by lack
of financial resources in carrying out their duties.
The formation of fish wardens is also mandated by law. But, as narrated by
fisherfolk groups, volunteers in bantay-dagat and bantay-laot are sometimes
the ones slapped with court cases, instead of being assisted to help prosecute
apprehended violators. Some have been killed in the performance of their duties.
The delineation of the municipal waters was started by NAMRIA even prior to
the implementation of the Fisheries Code. However, as of today (or 20 years after
the Fisheries Code was legislated), only 67 (7.2 percent) out of the country’s 928
coastal municipalities have finalized the delineation of their municipal waters.
While FMAs can still be established even without the delineated municipal
waters, the delineation of municipal waters is important in order to designate
those areas where municipal fishers have priority access.
In spite of Section 108 of the Fisheries Code, there are still no clear guidelines
on the establishment of fisherfolk settlement areas. Meanwhile, coastal lands
continue to be converted into industrial uses, and public coastal lands continue
to be titled, and fisherfolk are hit by stronger typhoons brought about by
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Status of Land and Resource Tenure Reform in the Philippines 2018
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