In defense of land rights: A monitoring report on land conflicts in six Asian countries
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In many cases, stakeholders eventually realize the need to assert their claim
over their land and resource rights through peaceful means. This is often
conducted with the aid of support groups such as CSOs and social movements,
and sometimes, with the aid of the government. Peaceful claim-making builds
the confidence of rural poor communities and allows them to build alliances
and consolidate their resources towards asserting their land and resource
rights. Initiatives such as dialogues and mediation fall under this type of
response. This response is the only approach capable of achieving settlement
of the issues that caused and sustained the conflict. Arriving at settlement
is protracted (if successful at all) because conflict resolution processes are
encumbered by legal and policy issues that are impervious to change.
Conflict management mechanisms
In the bigger picture, the Philippines is internationally recognized for
progressive legislations such as the CARL and the IPRA, which were won by
the concerted efforts of community leaders, CSOs and their allies in Congress.
These laws though, are implemented at a sluggish pace, with the CARL
reaching its 30th year of implementation and the IPRA its 21st. The DAR and
the NCIP, respective agencies imbued with the mandate to implement land
and resource reform have been unable to exercise the full power provided
them under law. As such, the socio-economic and political structures these
progressive laws aim to change generally remain unchallenged. Government
remains dominated by the landed elite and corporate interests, while the
basic sectors and their allies through time have begun to be fragmented by
ideological and political differences. As a result, gains achieved in the past
have become vulnerable to reversal.
Amidst the slow implementation of land and resource reform programs, the
government has been pursuing initiatives to streamline land investments in
energy, agribusiness, and infrastructure. Currently, investments in forestry and
to a certain extent, mining are strictly monitored by the government.
Table 3: Streamlining initiatives for land investments
Agency
ANGOC
Department of
Energy (DOE)
Business
Mining and
Infrastructure
Threat
Given the shortage and expensive cost of energy in the
Philippines, the DOE has released EO 30 that expedites extraction
of energy resources and the construction of infrastructures for
energy production and distribution (DOE, 2018). In fact, the
Bangko Sentral ng Pilipinas (BSP) has released a report that
for 2017, there is a 1,000 percent increase in foreign direct
investments on energy from 2016.
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