mechanisms to address grievances from individuals and communities who may be impacted adversely by the company’s operations. The UNGPs set out a list of effectiveness criteria for State- or business-based non-judicial grievance mechanisms. These criteria stipulate that effective grievance mechanisms should be legitimate, accessible, predictable, equitable, transparent, and rights-compatible. Simply put, they must provide genuine remedies for the victims of human rights violations by companies and must not amount to communications or political exercises. Box 1: The Struggle for Agrarian Justice of the Pagatpat Asosasyong Mansasaka (PAMA) B arangay Pagatpat is one of 80 barangays in Cagayan de Oro, Misamis Oriental on the north-central part of the city, with a large river (Iponan River) located at the north-east. Barangay Pagatpat used to be an agricultural community with major crops of corn, banana, rice, coconut, and papaya. At present, many of the agricultural lands have been reclassified into residential lands to cope with the fast-growing population of the city. Barangay Pagatpat has been identified by the City Government as one of its relocation sites. Recently, a housing project of 1,000 houses was constructed by the city government to cater to informal settlers living in the city. The reclassification of agricultural lands to residential lands has affected the farm areas of the Pagatpat Asosasyong Mansasaka (PAMA). Since 1980, members of the PAMA have been the actual tillers of five parcels of agricultural land with a total size of 18.6949 hectares, under peaceful and consensual arrangements with the now deceased landowner Amelia G. Navarro. On 9 February 1991, Ms. Navarro passed away and the same landowner-farmer relationship continued with the landowner’s sole heir, Mr. Celestino Navarro, and his subsequent heirs Ms. Karen Alician Rineheart and Ms. Aubrey Alicia Rineheart who reside in the United States of America. The peace was disturbed in 2007 when Jukens Builders and Trade bulldozed the farmlands of the PAMA to make way for socialized housing. Total damage was estimated at PhP 1,000,000. Jukens Builders and Trade is owned by Joselito Talaid, Mayor of Kadinglan, Bukidnon. Mr. Talaid claimed that the landholdings of the PAMA were sold to him by Ms. Karen Alicia Rineheart and Ms. Aubrey Alicia Rineheart in 2008. In the following years, Jukens Builders and Trade continued to seize the land claimed by the PAMA. Today, only four hectares remain with the association. On 29 November 2007, PAMA filed a declaration of Tenancy, Peaceful Possession, Security of Tenure, Damages, and issuance of Temporary Restraining Order (TRO) against Jukens Builders and Trade as represented by Joselito J. Talaid. On 21 January 2008, the DAR provincial officer of Misamis Oriental issued a Notice of Coverage (NOC) to the heirs of Amelia G. Navarro placing the entire landholding under Comprehensive Agrarian Reform Program (CARP) coverage. Subsequently on 6 February 2008, PAMA filed with DAR a complaint for illegal, premature, and unauthorized conversion against Jukens Builders and Trade for having developed a housing project even without the required conversion order from the Department of Agrarian Reform (DAR). By this time, the Jukens Builders and Trade had already constructed a fence around the landholding. A guard house and gate marked protrude the entrance of the landholding with a conspicuous sign which read: FATIMA WEST PLAIN SUBDIVISION. Paved roads had also been constructed on the PAMA farmlands where laborers continued to cut down the remaining fruit-bearing trees. The subsequent investigation by the DAR Provincial Office of Misamis Oriental found ongoing developments in the area without prior DAR clearance. As a result, the Regional Director John M. Maruhom issued a Cease and Desist Order (CDO) against Jukens Builders and Trade on 7 July 2008 to prevent further destruction of the land. Initially, Jukens Builders and Trade failed to comply with the DAR order, forcing the DAR Region 10 office to enlist the help of the Philippine National Police (PNP) Regional Command to impose the CDO (dated 13 November 2008); thus, forcing Jukens Builders and Trade to stop operations for seven days. However, on 27 February 2009, the newly-appointed Acting DAR Regional Director issued an order lifting the CDO; thus, allowing Jukens Builders and Trade to continue the destruction of the agricultural lands. Upon learning of the lifting of the CDO, PAMA filed a Motion for Reconsideration with the Acting DAR 10 Regional Director on 19 March 2009. After almost one year (22 February 2010), the Acting DAR Regional Director issued a resolution denying the Motion for Reconsideration and affirming the lifting of the CDO. The PAMA farmers wrote a letter (dated 9 February 2010) asking the DAR Region 10 Office to effect an NOC and to distribute the subject lands to farmer-beneficiaries. Immediately after hearing the bid of the PAMA, Juken Builders and Trade applied for the Land Use Conversion of the subject lands from agricultural to residential with the DAR on 10 February 2010. PAMA opposed the application 3

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