In defense of land rights: A monitoring report on land conflicts in six Asian countries
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climate change, resulting in hundreds of deaths. Mining operations weaken
the integrity of soil, leading to siltation and landslides.
Causes and trends of land conflicts
There were three main causes of land and resource conflicts identified: (1)
resistance to agrarian reform; (2) overlapping claims; and (3) land investments.
The table below provides a summary of the causes of conflict, descriptions
of each, including the process involved and the impact on land and resource
rights.
Table 2: Analysis of land and resource conflicts
Cause
Resistance
to agrarian
reform
ANGOC
Overlapping
claims
Stakeholders
DAR
Landowner
ARB/ARBO
• Community vs
Community
• Government
Agency vs
Government
Agency
Description
Process
Agrarian Reform is
mandated by the
1987 Constitution
and launched as a
program to institute
social justice. It
aims to redistribute
productive
agricultural land
to tillers to provide
secure tenure
and livelihood to
otherwise landless
rural workers. There
are also provisions for
just compensation for
landowners whose
lands will be taken
away.
Coverage:
landholding is
covered under the
CARP
There are
overlapping and
conflicting laws and
policies on land and
natural resources
in the Philippines.
Different programs of
government compete
for the same parcels
of land, resulting in
overlapping claims
and/or titles between
different claimants/
landowners.
Delineation:
claimants lay
boundaries of
claims
Acquisition and
Distribution: DAR
acquires land and
transfers legal
ownership to ARB/
ARBO
Installation: ARB/
ARBO physically
occupies
landholding
Mapping: claims
are given to the
government for
conciliation
Awarding/
Segregation:
land is awarded
to the owner or
partitioned among
claimants
Impact on Land and
Resource Rights
The CARP aims to
transfer ownership
of land rights from
landowners to ARBs/
ARBOs. When
landowners resist
coverage under
the program, they
prevent the transfer
of ownership
guaranteed by the
Constitution and by
law.
Claimants compete
for control over
ownership or use
of land and natural
resources. Often,
this ends in which
of the claimants are
more relentless in
the expulsion of
their opponent or
in litigation, which
claimant is registered.
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