Land: Territory, Domain,! and Identity

Transcription

1 Land: Territory, Domain,! and Identity

2 Outline of the Report I. Introduction II. Methodology III. Historical Background on Land Dispossession ( ) IV. Land Dispossession and its Multiple Causes V. Social, Political and Economic Impacts of Land Dispossession VI. An Examination of Formal and Informal Land Conflict Settent Mechanisms VII.Prospective Challenges VIII.Conclusions and Recommendations

3 Study area Minsupala Proposed BCT Due to spillover effects, contemporary study areas are Ranao (LDN/LDS), the old Cotabato province (Maguinanao, North Cot, Sultan Kudarat, and to a lesser degree, South Cotabato and Sarangani), and BASULTA (Basilan, Sulu, Tawi-Tawi). Zamboanga peninsula not included due to lack of data

4 1565 Muslim Areas in the Philippines at the time of the arrival of the Spaniards 1850 Location of Parishes Spanish-era Parishes Sources: L - Majul 1985 R- Villasper 2005 Dumol 2013 Javellana 2010

5 1890 Mapa Ethnografico del Archipelago 1890 Filipino F. Blumentritt Spanish Politico-Military Government of Mindanao

6 1916 Creation of the 1915 Department of Mindanao and Sulu Provincial Population Count

7 Effects of shift from river to road transport

8 1973Creating the provinces of North Cotabato, Maguindanao and Sultan Kudarat. Resettlement Programs (MAR) Ilaga-related incidents Resettlement Programs (MAR)

9 2014 Comprehensive Agreement on the Bangsamoro (CAB) - Proposed coverage to be determined upon passage of the BBL and ratification through plebiscite 2010 Barangay Population Count 1 Square = 50 Persons Moro IP Other Filipino

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11 Impacts The four waves of dispossession gave rise to profound social, political, and economic impacts. Accumulated years of land dispossession, displacement, and neglect have also had a debilitating effect on well-being These waves of resettlement not only minoritized Moros and IPs in Mindanao but also intensified ethnic segregation. As the demographic composition of Mindanao shifted, settler communities were converted into barangays, municipalities and provinces to consolidate political power.

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15 Formal and Informal Land Dispute Settlement Mechanisms An analysis of successful dispute resolution mechanisms in Mindanao identifies some common elements: a) the importance of convening all relevant parties to a claim competing claimants, relevant national and local government agencies, the security sector, community and religious leaders and civil society. b) The need to painstakingly resolve competing claims plot-byplot, claim-by-claim c) the need to ground dispute resolution in healing and reconciliation to encourage acknowledgement of the historical injustices. Legal literacy can also play an important role

16 Recommendations Can be done immediately:! Ensure solid and sustained political commitment. Invest in good governance in the land administration and management sector. Develop and implement accessible and acceptable dispute resolution mechanisms to address land conflicts at the community level.! Laying the Foundations: Filling Data Gaps and Building National Consensus Address the land data gap. Conduct an Intentions Survey. Deeper examination of land and property conflict in the island provinces.

17 Recommendations: Creating the Institutional and Legal Architecture (Status quo) Policy and Agency for land reparation. Introduce community land rights clarification processes as legitimate and legally admissible. Conduct national reconciliation dialogues Listen to narratives of dispossession. Develop publicly accessible archives on land issues. Assess the current and future impact of high-value natural resource exploitation on land use and rights in Mindanao. Ensure coordination between the land administration and the government agencies leading the normalization process.

18 Recommendations Can be done upon establishment of the Bangsamoro:! Adopt policies to address landlessness, land conflicts and dispossession. Re-design the provision of land administration services. Enact a new legal framework for land administration. Clarify legal and operational responsibilities.

19 Thank you