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Agribusiness
The DAR and DA are currently encouraging agribusinesses to
invest in Filipino farmers. This is being conducted in the absence
of a legally-binding framework for the assessment of AVAs (FAO,
2016).
Private
Infrastructure
Despite legal mandates to protect and limit conversion of
irrigated and irrigable lands, agricultural lands are still being
converted to other uses, particularly for real estate (ILC-NES,
2017).
Department of
Public Works
and Highways
(DPWH)
Public
Infrastructure
The current administration has embarked on the Build-BuildBuild program, a massive program on infrastructure projects as
preparation for the integration with Association of Southeast
Asian Nations (ASEAN) mostly financed by bilateral loans
(PAKISAMA, 2018).
When parties pursue conflict resolution, legal battles are generally timeconsuming and resource-draining with litigation lasting from 3-17 years. Legal
battles are especially costly for the rural poor. Quasi-judicial bodies and local
dispute resolution mechanisms are available and deliver quicker resolution of
conflicts, but there is no available data on whether the decisions made through
these mechanisms are favorable to rural poor communities or to landowners/
investors.
Conflict-prevention mechanisms are also embedded in land and resource
governance. Procedural safeguards such as permits, licenses and other
government requirements can sometimes prevent land and resource conflicts.
Representation and participation mechanisms, when utilized properly, allow
poor sectors and communities to register their concerns to decision-making
processes in governance. However, in certain instances, these only serve as
rubber stamps for land investments. There are cases wherein representatives to
governance bodies are beholden to the government officials who appointed
them and are not necessarily held accountable by the sectors/communities
they supposedly represent. Freedom of information (FOI) policies are in place,
but do not necessarily translate to public access to data on land.
Given all this, recourse is often fleeting if not totally absent. The government
is often caught in fundamental conflicts of interest, which comes in two forms.
First, various agencies imbued with their respective mandates and programs
compete for jurisdiction over the same parcels of land and natural resources.
In the absence of clear harmonization of overlapping laws, land and resource
conflicts often turn violent and persist unresolved. This renders the tenure of
land and natural resource stakeholders, particularly rural poor communities,
insecure and perennially contested. Consequently, their lives are beset with
danger.
The second form of conflict of interest can be seen in the deliberate policies
of government to expedite investments in the name of “ease of doing
Land Conflicts and Land Rights Defenders in the Philippines
Department
of Agrarian
Reform (DAR)
and the
Department of
Agriculture (DA)
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