113 Land investments Stakeholders • Community • Business • Government Description Process Land investments undergo a permitting/ contracting process between a business and landowner. Such process should undergo sufficient consultation following standards of FPIC with affected communities, and should be under the supervision of the appropriate government agency. Negotiation: an investor applies to use land for an investment Development: investor removes exiting structures and changes the use of the land Closure: turnover of land to the government or its owner Impact on Land and Resource Rights Land investments deprive communities of prior rights to the use of land and natural resources. In some instances, damage to the environment during and/or after the investment expose communities to hazards and risks. Of all causes of land and resource conflicts, resistance to agrarian reform was the most violent in terms of killings. Resistance occurs in 62 percent of agrarian reform conflicts, mostly during the latter stages of installation (the third and last stage of the land distribution process). It is in this stage that landowners pursue desperate means to thwart the redistribution of land to Agrarian Reform Beneficiaries (ARBs). Apart from depriving ARBs of land to till, landowner resistance results in HRVs such as killings, injuries, detention, grave threats, and criminalization. Overlapping claims, the second cause of land conflict, are symptoms of the fundamental problem of overlapping land laws and programs of the government. A majority of land conflict caused by overlapping claims relate to ancestral domains. The key issue is the poor security of tenure afforded by the State to ICCs/IPs over their traditional territories. Tremendous delays occur in the issuance of Certificates of Ancestral Domain Titles (CADTs) and Certificates of Land Titles (CALTs), and their registration with the Land Registration Authority (LRA). On the other hand, government programs for land titling, distribution, and investments are unhampered. As a result, the encroachment of property claimants within ancestral domains is legitimized. More than 7,000 households have been evicted from their residence due to overlapping claims, the most number in all causes of land and resource conflicts in this study. Land investments as a source of conflict account for 55 percent of the 352 cases of conflict analyzed in this study. Most of these cases are conflicts between businesses and communities, and some are between government and communities. In terms of type of investment, conflicts arose most frequently in plantations (101 cases of conflict), mining (44), infrastructure (40), and forestry (7). Land Conflicts and Land Rights Defenders in the Philippines Cause

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