to weak compliance, a deadlock of socioeconomic activities, and eruptions of
violence.
The fact that CBFMAs continue to be issued within ancestral domains of
indigenous peoples seem to indicate that the CBFMA is seen more as a resource
management measure than as a tenure instrument. For instance, DENR AO
No. 96-29 provides for the issuance of CADC-CBFMAs on lands under ancestral
domain claim and CALC-CBFMAs on lands under ancestral land claim, provided
they opt to participate.18 Oftentimes, indigenous communities are required
to have permits, or CBFMAs, in order to utilize the resources within their own
ancestral domains that are already under CADT.
Recommendations
§ Conduct a program-wide impact assessment of the implementation of
CARP in public lands. There is need to study and review whether and to what
extent individual families under group tenure systems such as CBFM are able
to exercise and enjoy their full rights of tenure. Under CBFM, agreements are
forged with POs, communities and even local governments. There is always
the danger that privileges and benefits are captured by the leaders or local
elite, especially in the absence of regular monitoring. Thus a key question
for study is whether the improved tenure actually leads to improvements in
family livelihoods.
§ DENR to complete the inventory of all forest-dwellers, along with their
tenure status. Also, conduct an inventory of all remaining lands in the
public domain (outside of ancestral domains and claims) that are suitable for
agriculture and can be redistributed under agrarian reform.
§ Address the issue of future tenure security for ISF/CBFMA holders whose
25-year leases have expired and have not been renewed. Who decides which
CBFM areas would continue? What would happen to those whose agreements
are ended, particularly in relation to the tenure security and livelihoods of
forest dwellers? What compensation would be given to them?
§ For government and civil society to ensure the participation of
organizational representatives on non-IP forest dwellers in decisionmaking bodies, as well as in dialogues, fora, and discussions. n
DENR AO 96-29 is entitled “Rules and Regulations for the Implementation of Executive Order 263, otherwise known as
the Community-Based Forest Management Strategy (CBFMS).”
18
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Status of Land and Resource Tenure Reform in the Philippines 2018
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