Background of the Study
Land governance recently attracted global attention as it is closely linked with many of the global
development challenges such as hunger and poverty, market and investments, climate change,
and disasters. In response, the Committee on World Food Security (CFS) of the United Nations
(UN) endorsed an internationally agreed document “The Voluntary Guidelines on the Responsible
Governance of Tenure of Land, Fisheries and Forests (VGGT) in the Context of National Food Security.”
While the document is not legally binding, the VGGT serves as a reference for internationally accepted
standards and practices for the responsible governance of tenure. For farmers and food producers,
as well as fisherfolks and indigenous people, it offers a lens by which governance of resource tenure
can be assessed and directs appropriate interventions that are deemed necessary.
In the Philippines, the Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC),
in partnership with UN Food and Agriculture Organization (FAO) and relevant government agencies,
is mainstreaming the VGGT to strengthen land tenure governance. Its foreseen impacts include
strengthened policies, legal instruments and procedures contributing to enhance land and natural
resources governance, and improved tenure security. The intended project outcome is that principles
outlined in the VGGT are mainstreamed among key institutions dealing with the tenure of land and
fisheries.
This case study is linked to the legal recognition of indigenous customary rights as it relates to climate
change – specifically, it addresses VGGT’s Part 6 Section 23.3, which provides that “States should
facilitate the participation, consistent with the principles of consultation and participation of these
Guidelines, of all individuals, communities or peoples, with an emphasis on farmers, small-scale
food producers, and vulnerable and marginalized people, who hold legitimate tenure rights, in the
negotiations and implementation of mitigation and adaptation programmes.”
Introduction
Land is life. This is how indigenous people (IP)
leaders respond when asked how important
land is to their community. It is easy to see
how land provides for their daily food needs
and their livelihood. And yet, the statement
sounds like a sweeping generalization. Taken in
its proper context, however, where these lands
sustain vast forests spawning biodiversity and
supplying water downstream, it becomes fairly
convincing. Land even serves their spiritual
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obligations such as burial grounds and sacred
places.
In the Philippines, around 50 percent of the total
30 million hectares are considered uplands.
Of these lands, 45 percent are classified as
ancestral domains of the indigenous peoples
who comprise 12-14 percent of the country’s
population. What is important to note is that
nearly 90 percent of the remaining forest cover
are within their ancestral domains.
As of 30 September 2010, the National
Commission on Indigenous Peoples (NCIP)