In defense of land rights: A monitoring report on land conflicts in six Asian countries
118
business” and “readiness for integration.” In many cases of land investments,
the government is a facilitator or even a direct partner. Thus, the government
often fails to perform its mandate to regulate business, particularly when the
rights of people and communities are being trampled upon.
Finally, there is a dearth of responsive mechanisms to address land and
resource conflicts. Only with aggressive and sustained lobbying and advocacy
can these conflicts be addressed and prevented. One way to interpret this
is that this is a result of bureaucratic inefficiency or a lack of political will to
address legal, administrative, and judicial hindrances towards the completion
of land and resource reforms, and the harmonization of agency jurisdictions.
However, another way to interpret this is that the multitude of loopholes and
bottlenecks have been deliberately installed to enable the reversal of gains in
land and resource reform, and to facilitate the entry of corporate interests in
land and resource governance. After all, impunity has characterized the rule of
law in Philippine society in recent times. It is in these times that the barrel of
the gun has been pointed at the very people in need of the most protection.
RECOMMENDATIONS
Based on the findings and analysis during the joint ANGOC-CHR forum, the
following recommendations are put forward:
For Government:
n Address the root causes of land and resource conflicts: complete land
and resource reform programs and ensure tenure security for the rural
poor.
n Institute an effective and efficient mechanism to resolve overlapping
claims on land.
n Ensure the integrity of safeguard mechanisms that regulate land
investments by integrating the UN Guiding Principles on Business and
Human Rights (UNGP BHR) in land and resource governance.
n Enhance the awareness of government on land rights as human rights
especially the military.
ANGOC
For Businesses:
n Comply with government regulations to ensure the sustainability of their
investments.
n Engage business on discussions related to the UNGP on BHR.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents