39
However, it was found that the FPIC process suffers from inadequate systems
and implementation failures (Oxfam, 2013). In the Philippines, it was also found
that procedural safeguards such as permits, licenses and other mandatory
compliances to government agencies embedded in land governance
processes are marginally effective and at times serve as rubber stamps for
land investments.
SUMMARY OF RECOMMENDATIONS
To Governments:
n Address discrimination. Repeal discriminatory laws against marginalized
sectors – such as laws against women’s equal rights to land and inheritance.
For Nepal, implement the 2015 Constitutional provisions that guarantee
equal rights to land for women, peasants, landless, and Dalits.
n Recognize and respect diverse tenure systems upon which people’s
livelihoods depend, including communal, customary, and informal tenure
systems. Establish national land policies that does not treat land as a mere
economic asset or commodity, but recognizes the value of land in its sociocultural aspects, and protects land tenure accordingly.
n Revive land reforms through responsive legislations. Proposals include:
Indonesia: Promulgate and implement a responsive agrarian reform
program founded on the principles of, among others: (a) reducing
inequalities in agrarian land tenure and ownership, and (b) addressing land
conflicts through justice. Implement Presidential Regulation 86/2018 on
agrarian reform, while giving priority to agrarian conflict areas – in relation
to State assets (lands of State-owned businesses), PERHUTANI12, extracted
forest areas, abandoned lands and lands with problematic business
user rights. Government should undertake a bottom-up approach, by
implementing reforms in priority areas (called “LPRA”) that have been
identified by local communities and CSOs.13
Nepal: Amend the Land Related Act of 1964 to include provisions aimed at
ending the remaining cases on dual ownership in Nepal. Include provisions
for the recognition of unregistered tenants and protect them against
12
PERHUTANI stands for Perusahaan Hutan Negara Indonesia (the Indonesian State forestry company).
KPA-Indonesia has mapped out and proposed “Priority Locations for Agrarian Reform (LPRA).” These
areas were identified through members of the KPA in various regions and in the areas affected by land
conflict.
13
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
accordance with indigenous peoples’ customary laws and practices and free
from any external manipulation or coercion.
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