to overlap with ancestral domains; (2) the felt impacts of climate change, as the
majority of IP domains are in high-risk areas; and, (3) the removal of the quasijudicial powers of the NCIP for resolving IP vs non-IP conflicts, based on a recent
case ruling by the Supreme Court.
The Fisheries Code and tenure rights
of municipal fishers
There has been very poor implementation of the Fisheries Code, particularly
those provisions that give priority access to small fisherfolk over municipal
waters and foreshores. Even 20 years after the passage of the Code, only 67 (or 7.2
percent) of the 928 coastal municipalities and cities throughout the Philippines
have fully completed the delineation of their municipal waters.1 Delineation is
merely the first step in order to demarcate the areas where municipal fishers
have preferential rights, to designate fishery management areas, and to be able
to prosecute violations such as intrusion and illegal fishing by commercial fishing
vessels in municipal waters.
While the National Mapping and Resource Information Authority (NAMRIA) – an
agency under the DENR – has completed the technical details for all municipal
waters, local governments have refused to enact the required local ordinance
that established the boundaries of municipal waters, due to territorial disputes
with neighboring municipalities. Also, commercial fisheries are often controlled
by politicians linked with local government units (LGUs), and they oppose
delineation. It remains unclear how territorial disputes between LGUs are to be
resolved.
The tenure instrument for municipal fishers is a municipal registry which is
reviewed annually. Accreditation is done by the local development council,
where recognition is often politically-motivated. Women tend not to be
registered, as fishing is often seen as men’s work, despite the crucial roles that
women play in fishery activities.
Fisherfolk organizations are supposed to be given priority in the issuance of
Fishpond Lease Agreements (FLAs), Aquasilviculture Stewardship Contracts
(ASCs), and even CBFM agreements over mangroves, yet these have not
Of the country’s total 928 coastal municipalities, 305 LGUs have delineated their municipal waters with certified maps.
And of these 305 LGUs, only 67 have passed the required local ordinances to complete the delineation process.
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Status of Land and Resource Tenure Reform in the Philippines 2018
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