because of its limited coverage. The total area under ISF in 1986 was only
446,156 hectares, compared to 159 timber licenses that covered a total area of
5.85 million hectares (Pulhin, et. al, 2008).
Meanwhile, there were initial efforts at tenure reform in public lands. In 1974,
Presidential Decree (PD) 410 declared ancestral lands occupied and cultivated
by national cultural minorities as alienable and disposable. It provided for
the issuance of Land Occupancy Certificates to members of national cultural
minorities, to cover family-sized farm lots not exceeding five hectares each. PD
410 was the first policy that recognized indigenous peoples’ rights to public
lands and forests; however, it did not provide for collective rights nor recognize
their rights to ancestral domains.
In 1983, Proclamation No. 2282 reclassified 1.5 million hectares of the public
domain in 64 provinces as A&D lands for agricultural and resettlement purposes
under the government’s Kilusang Kabuhayan sa Kaunlaran (KKK) program.
However, many of the proclaimed KKK lands overlapped with ancestral domains
– later triggering land conflicts between migrant-settlers and indigenous
communities.
It was after the Marcos regime that tenure policies involving public lands
became anchored on social justice and equity. Following the 1987 Constitution,
Executive Order (EO) 192 emphasized the principle of “equitable access” in
the management of the country’s natural resources. EO 229 then defined the
mechanisms to implement the agrarian reform program. It provided for the
distribution of “lands of the public domain suitable to agriculture” subject to
the “prior rights, homestead rights of small settlers and rights of indigenous
communities to their ancestral domains.
RA 6657 (Comprehensive Agrarian Reform Law) mandated the redistribution of
both private and public agricultural lands to landless farmers and farmworkers.
Section 2 of RA 6657 further provided for “the principle of distribution or
stewardship, wherever applicable, in the disposition or utilization of lands of the
public domain” (emphasis supplied).
Although CARP included parts of the public lands for distribution, it was not
enough to address environmental degradation in the State-held forestlands. To
address this insufficiency, the earlier ISF programs and recognition of ancestral
domains were integrated into the CBFM Program that was instituted in 1995
through EO 263.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
65
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