farmworkers. In some cases, farmworkers are forced to enter into leaseback
arrangements with their landowner, even before getting their land, in
exchange for a cash advance. To avoid these from happening, DAR with other
CARP implementing agencies should assist farmworkers with livelihood
programs as they await their CARP-awarded lands. Their families could also
be covered under the conditional cash transfer program of the Department
of Social Welfare and Development (DSWD).
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Implement the support services provisions of RA 6657 as amended, and
introduce non-traditional credit programs for ARBs (socialized credit,
capitalization of ARBs). The law allocates 40 percent of all agrarian reform
appropriations for support services, of which 30 percent shall be used for
agricultural credit facilities – i.e., socialized credit for existing ARBs, and startup capital for new ARBs. With over 400,000 new potential ARBs, the provision
of a start-up capital may also prevent new ARBs from being forced into unfair
agribusiness agreements such as leasebacks. The government should also
explore non-traditional approaches to credit, such as the early provision of
production loans to ARBs at the moment of land transfer. The cost of loan
repayment can then be added to the annual amortization.
Amend the existing policy governing AVAs. While private investments
address a need, regulation is necessary in order to protect the weaker
party to the contract and to ensure that welfare-enhancing outcomes are
obtained, to have meaningful impacts on rural poverty reduction. The new
policies on AVA should protect ARBs and should regulate or prohibit business
arrangements that have unfair commodity pricing, inequitable lease rentals,
and unconscionable periods which exceed the life span of the farmers.
Already, the current influx of both local and foreign investments has exposed
ARBs to indebtedness, and the threat of displacement and loss of control,
ownership and possession over their lands.
Establish a legal assistance fund for farmers. Most of the remaining LAD
balance consists of private agricultural lands under compulsory acquisition,
where agrarian disputes are likely to arise. Thus, the DAR should create an
agrarian justice fund for farmworkers/ARBs and include this in the DAR
provincial budget to make it more accessible to farmers. The DAR should also
re-launch its paralegal support program established in 2004 to address the
lack of lawyers. n
Status of Land and Resource Tenure Reform in the Philippines 2018
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