In defense of land rights: A monitoring report on land conflicts in six Asian countries
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Doctrine11 and introduced feudal systems. Large tracts of land or haciendas
were parceled out to colonialists (military and clergy), while systems of tribute
(taxes) and forced labor were introduced. Later, American occupation facilitated
the entry of foreign companies into mining, logging, and the establishment
of modern capitalist plantations, especially in Mindanao. The American
colonialists introduced the Torrens title system where all unregistered land
and without title were declared as “public lands,” without regard for prior
occupancy.
Agrarian reforms. Following independence in 1945, a series of land reform
programs were legislated in direct response to escalating agrarian and
social unrest; however, implementation was stifled by landowning interests
entrenched in power, and the lack of government funding and support. In
1972, the martial law regime instituted a land-to-the tiller act, but this was
limited to tenanted farms planted to rice and corn staples, which were hotbeds
of agrarian unrest, while large plantations with cash crops (e.g., sugarcane,
pineapple) remained untouched.
Following the 1986 People Power revolution that ousted the dictatorship, a new
Constitution was enacted that laid the basis for land and social reforms. Primary
among these was the Comprehensive Agrarian Reform Program of 1988,
aimed at tenancy reforms and the redistribution of land covering 9.1 million
hectares of private farms and public lands deemed suitable for agriculture.
However, the implementation of CARP proved slow and cumbersome, due to
the complexity of the program, corruption, weak implementation, the poor
state of land records and land administration. Since 2009, there has been a
resurgence of violent land conflicts, especially in the redistribution of private
lands.
ANGOC
Meanwhile, there has been increasing private investments in agriculture
that impact on tenure security of rural communities. Due to the lack of
government support, many farmer cooperatives have entered into various
long-term contracts (long term lease, joint venture, marketing contracts) with
large agribusiness companies under problematic contractual arrangements
unfavorable to smallholders.
Indigenous peoples’ lands. Another major social reform was the Indigenous
Peoples Rights Act (IPRA) of 1997 which recognizes the rights of Indigenous
Peoples (IPs) to their ancestral domain and lands, self-governance and cultural
11
Regalian means belonging or relating to a monarch/ king.
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