country’s total land area (see Map 1). There are
128 terrestrial sites designated as KBAs covering
at least 7,610,943 ha in the country. Seventy-one
of these KBAs or 55% of all KBAs overlap with
ancestral domain titles. Further, almost 90% of all
the remaining forest cover in the country can also
be found in ancestral domain areas (see Map 2).
Clearly, with the aforementioned data, a case
could be made that the indigenous communities
in the Philippines, through their traditional
resource management systems, are the actual
stewards who provide de-facto governance to the
most important and environmentally significant
areas in the country. The evidence is clear that the
role they play in order to ensure the survival of
the country has to be respected and recognized.
National Laws, Policies, Programs,
Structures, and Mechanisms
Conservation and Protection Policies
Efforts at conservation or management
of natural resources (or a semblance
of it) in the country officially began in
June 1863 when the Spanish Regime
created the Inspeccion General de
Montes. The Americans renamed
Inspeccion into ‘Forestry Bureau’ in
1900. It was reconstituted into the
Bureau of Forestry in 1953 and later
organized into the Bureau of Forest
Development (BFD) in 1975.
With the establishment of the BFD
came the much reviled Forestry
Code of 1975 which defined that “all
lands of at least 18% slope and above
are permanently part of the Forest
Zone” and as such criminalized the
“habitation and occupation of the Forest Zone
without the express approval of the Government”
(Revised Forestry Code, 1975). The Forestry
Code of 1975 effectively rendered the existence
of indigenous communities in the forest zone
as illegal and provided a penal provision for the
“arrest, prosecution and punishment” of violators
of the Forestry Code. Under this regime, forest
resources were placed under the full control of
the state with all processing, distribution and
utilization of the forest and its resources becoming
the exclusive domain of the Government. Sadly,
the Government mindset, which created such a
policy environment, prevails in spite of the many
advances of the IP sector through the years.
In 1987, the BFD and the Wood Industry
Development Authority (WIDA) merged to
become the Forest Management Bureau (FMB)
and the Protected Areas and Wildlife Bureau was
created.
In June 1992, the National Integrated Protected
Areas System (NIPAS) was established in the
Philippines. In 1995, the Community-Based
Map 1. Areas covered by forest, key biodiversity areas, parks & protected areas,
and ancestral domains in the Philippines.
Lok Niti
101
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