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In defense of land rights: A monitoring report on land conflicts in six Asian countries
Philippines
Several government line agencies deal with certain types of land
disputes over public and private lands at national and regional levels.
These agencies have quasi-judicial powers for resolving cases within their
jurisdictions.
(a) Department of Agrarian Reform (DAR) has jurisdiction over agrarian
disputes involving private and government lands
(b) Department of Environment and Natural Resources (DENR) covers
lands of the public domain
(c) National Commission on Indigenous Peoples (NCIP) covers ancestral
domains and claims
Overall, quasi-judicial bodies and administrative mechanisms for dispute
resolution are able to deliver quicker resolution of conflicts compared to
courts. However, administrative mechanisms can only address specific types
of issues within their own limited sectoral jurisdictions. Moreover, different
agencies often have overlapping mandates and conflicting policies; and
a common problem is the lack of coordination and cooperation among
agencies. Administrative mechanisms are reactive; they deal with incoming
issues on a case-by-case basis, and the process can be time-consuming.
Changes in officials can cause major delays. Moreover, administrative
dispute resolution mechanisms do not address broader land issues,
such as providing land to landless families, resolving squatter issues, or
strengthening land administration.
Problems arise especially when public officials or the government itself
is an involved party in the conflict, such as in cases that involve State-run
enterprises, the granting of public land concessions, or where violence
has occurred in which the police have been involved. In such cases, the
impartiality of administrative mechanisms becomes questionable. An issue
often raised is the transparency of relevant data and information. There is
also a perceived lack of affirmative action when violators are business and
State entities.
In formal justice systems, the poor and small farmers are constrained
by several other factors from obtaining justice – i.e., limited procedural
knowledge regarding resolution of land conflicts, no access to or
understanding of the court and land administration systems.
ANGOC
n Local governments. In Nepal, the Village Panchayat Act gives authority
to local governments for resolving disputes related to public land,
boundaries, wages, trespassing, sources of water, pasture land and
collection of grass and firewood. In the Philippines, the Barangay Justice
System also provides an alternative, community-based mechanism for
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