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Global Campaign for Agrarian Reform The IFFM is part of the activities of Via Campesina and FIAN- International in the realm of the Global Campaign for Agrarian Reform. In October 1999, Via Campesina, the international movement of small peasants, agricultural workers and landless persons, and FIAN, the international human rights organization working for the implementation of the right to feed oneself, joined forces and started the Global Campaign for Agrarian Reform. The Campaign has sought to help bring the issue of Agrarian Reform back to the place it deserves in the national and international policy agenda. The fundamental tasks of the campaign are to assist the already existing national peasant movements struggling for agrarian reform in their own countries, and to strengthen them internationally. ... The Campaign has four basic objectives: (1) The promotion of solidarity with all peasants, women and men, whose human right to adequate food is violated or who are victims of persecution due to their struggle for agrarian reform. (2) The facilitation of lobby work in order to gain wide support so that agrarian reform can take a top position in the agenda of agrarian policies, human rights and in development cooperation, nationally and internationally. (3) The promotion of dialogue with the intergovernmental organizations - including the international financial institutions, about the human rights perspective on agrarian reform. ... For Via Campesina and FIAN, agrarian reform today does not only mean access to land for the poor peasant families and for the landless (but at the same time means so much more). At the doorstep of the new century, agrarian reform is not only a technical matter of distributing lands, but is a basic tool for achieving substantial changes in the living conditions of the peasants. ... This new agrarian reform implies a model for the agrarian economy and for the future of rural areas, and is therefore important for the society as a whole, as well as for the international community. The new agrarian reform has human rights as its starting point and pursues inter alia an agricultural policy which gives peasants, both women and men, control over the land, the seeds and the water so that they can live in dignity, produce healthy food for all, and strengthen the rights of women peasants and of local rural communities.
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International Fact Finding Mission Report / Philippines - December 2000 8 Background of the Agrarian Situation in the Philippines: The never ending fight over control and ownership of the land continues to be a key feature of the peoples’ right to feed oneself in different parts of the world. ... The agrarian problem in the Philippines is an age-old problem that dates back to the Spanish colonial era and continues to persist until now. Despite several land reform laws passed by previous administrations, the peasants in the Philippines have yet to fully enjoy liberation from an extremely unjust land distribution or to achieve agrarian reform. The Philippines is still a dominantly agrarian economy. ... During the last century, several Philippine governments enacted agrarian reform laws, which altogether did not change the substance of production relations and income distribution in the rural areas. ... The latest agrarian reform law which established the Comprehensive Agrarian Reform Program (CARP) was passed in 1988, under the Aquino administration. Now in its 13th year of implementation, the program has not yet been completed, only a little less than half of its target has been achieved, according to reports made by the Department of Agrarian Reform (DAR). ... Peasants are now facing a combination of different policies affecting them: a diminishing will to accomplish the objectives of agrarian reform; an export oriented
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International Fact Finding Mission Report / Philippines - December 2000 9 agricultural model, uponwhich most of the agricultural support policies are focused; non-existent agricultural extension and support programs at the local level; and a boom in real estate development which encourages further land conversion. ... The DAR is fostering "joint ventures" between corporations (often the former landowners) and the beneficiaries of agrarian reform. But such actions place the poorly equipped small farmers and beneficiaries of agrarian reform at a disadvantage in a very competitive environment, where the important players are far bigger and stronger. ... Report of the International Fact-Finding-Mission (IFFM) All three groups of the International Fact-Finding-Mission identified many problems in the process of implementing Agrarian Reform in the Philippines. The IFFM was surprised to find various severe problems in the country’s agrarian reform program, which was widely claimed to be among the most comprehensives. The problems are manifold and occurred through the whole process of agrarian reform implementation, starting from the identification of agrarian reform beneficiaries (ARBs), to the granting of Certificate of Landownership Awards (CLOAs), to the actual distribution of land, may it be governmental or private, to the physical installation of ARBs on their land, and up to the guarantee of access to a functioning legal remedy system in case something goes wrong and the all-important support measures given in the end to ARBs. ... A Main issues identified by the IFFM concerning the process of implementation of agrarian reform policies in the Philippines The problems identified in the implementation process of agrarian reform policies in the Philippines are, to repeat, manifold and they occurred throughout the entire agrarian reform process. ... Insecurity of land tenure under the agrarian reform programs: The Mission observed that, surprisingly, at every step of the agrarian reform process, the insecurity for the beneficiary or the potential beneficiary is much higher than expected. ... Compared to agrarian reform processes in other countries, especially in Latin America, agrarian reform in the Philippines takes on a very slow process, quite intransparent for the beneficiary, and results in land titling which, when compared to land titling in many other countries, is not very secure. This is not to say that other agrarian reform processes are running smoothly or are well organized. ... The Mission observed that the following five elements contributed to the insecurity/non-security perceived by many local rural communities: a) Transfer of CLOAs and installation of ARBs: After 12 years of the new agrarian reform policies, land transfers in several regions of the Philippines are still far from completion. ... These problems show that no adequate surveying capacity exists and that the funds for such, which is a basic activity for any agrarian reform program, are much too limited. ... Given this possibility of converting land use to non-agricultural purposes, CLOA-holders can never be secure that their CLOAs will end up as stable land titles which fully guarantee private ownership of land as in the case of other countries in implementing agrarian reform. ... e) Resistance of land owners: Particularly important is the huge resistance from land owners or future land developers (cases: 2,3,5,) to any forms of agrarian reform measure. The government of the Philippines has to guarantee that the processes of agrarian reform, starting from the transfer of CLOAs, over the physical installment of ARBs up to the following land use patterns, are protected and that harassments caused and problems created by resisting land owners are dealt with sufficiently. ... Insufficient and slow proceedings in the agrarian reform processes: Insecurity (or non-security) is also created by the slow procedures and the insufficiency of the agrarian reform process in the Philippines. Five major forms of insufficient and slow proceedings were reported to the IFFM: a) Slow implementation in the processing of CLOAs and the physical installation of ARBs Each step of the agrarian reform process like identifying potential beneficiaries, approving CLOAs for the beneficiaries, and actually installing ARBs in their lands, often takes a very long period of time. ... For peasants who have long been tilling the land and who are entitled to own it by virtue of agrarian reform and those already granted CLOAs but have not yet been installed on the land, the prolonged processes are basically unacceptable. ... e) Missing participation and knowledge of ARBs: In all case-areas visited, ARBs or potential ARBs lack information about the status of the agrarian reform process. ... To minimize problems in the implementation of the agrarian reform process, a transparent and participatory process will be the best tool. ... a) Missing secure land registry: A central problem to the agrarian reform process seems to be that a secure land registry does not exist. ... Normally, the classification of land must be open, transparent and fixed at the beginning of an agrarian reform process. ... This insecurity in land use is one of the most severe problems observed in the whole agrarian reform process of the Philippines. ... The experiences of many Latin American countries show that the implementation of agrarian reform is often difficult as well. ... The new concept of agrarian reform communities may help to develop a series of good show cases all over the Philippines. ... Knowing that the issue is being intensively discussed in the agrarian reform community of the Philippines, the observations that the IFFM can make in regards to one of these schemes, which is in the form similar to the planned joint venture in Negros, Visayas, may not sound encouraging. ... Lack of political will: A general impression of the IFFM is that the processes of agrarian reform are dominated by an overall lack of political will. This is not meant to be valid for many of the people involved in the agrarian reform institutions, but is meant to refer to the overall support the agrarian reform is getting from the Estrada Government. ... Agrarian reform processes seem to function in those areas where the beneficiaries and potential beneficiaries are themselves organized or are receiving strong support from peoples organizations and NGOs. ... There is a lack of political will to finance and staff the agrarian reform properly. ... It should address the root cause of poverty in Isabela-that of massive landlessness and the backward agrarian system. ... They are calling for a genuine agrarian reform program that shall ensure the country’s food security, raw materials for local industries, and to propel the clamor of the masses for a nationalist industrialization. ... On February 20, 2000, farmers filed a petition to DAR demanding immediate action on agrarian issues to ensure peaceful occupation of farmers inside Clark Base. ... In 1989, the Municipal Agrarian Reform Officer (MARO) issued a Notice of Coverage addressed to DBP for titles covering the subject lots, along with two parcels of land. ... With the implementation of the Comprehensive Agrarian Reform Law, the foreclosed properties of MBC were covered. ...
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International Fact Finding Mission Report / Philippines - December 2000 21 Board filed an application for suspension of its acquisition by the Department of Agrarian Reform (DAR). ... Reportedly, the CLOAs were simply being kept undistributed at the Municipal Agrarian Reform Officer (MARO). ... 27 or the Land Reform Program of the Marcos administration. ... 2In 1987, the Aquino government issued Executive Order 227 putting all alienable and disposable public lands suitable to agriculture under the Comprehensive Agrarian Reform Program (CARP). ... Cambuga, Mulanay, Quezon, Bondoc Peninsula Background: In Bondoc Peninsula, the implementation of agrarian reform is moving very slowly to the great advantage of resistant landowners. ... These and other anti-reform programs clearly endanger the farmers’ right to life and properties and undermine their most basic right to feed oneself. One of the recent ”agrarian hot spots” in the Bondoc Peninsula is Brgy. ... Though most of the land is now used for agricultural purposes, a large portion is still classified as timberland, which adds a significant layer of complexity to agrarian reform. ... The issue of coverage of titled landholdings within timber zones remains to be the biggest stumbling block to a meaningful agrarian reform in Cambuga. ... The number of actual agrarian reform beneficiaries also decreased. ... With the landowner’s rejection, the Municipal Agrarian Reform Officer (MARO) pushed the coverage of the land under compulsory acquisition. ... Landowners continued to evict farmers and to criminalize agrarian-related cases to force legitimate farmers to abandon the land. ... Land reform was supposed to start in 1973 with the assurance from the government that land ownership will be transferred to the farmers within 30 years. ... The farmers want a land reform that is true and genuine, land for the landless and tillers. ... The farmers told the Mission that the land reform has led to no real change in their lives. ... They are not able to eat three full meals every day, and malnutrition is common; the land is not physically distributed to the farmers through the land reform, but joint ventures are established between the CLOA holders and the previous landowner. ... According to what was reported to the Fact Finding Mission, there has been agrarian reform in the area. ... Although this case involves separate landholdings, all of them demonstrate similar problems---landlord evasion, and employment of force and various tricks to slow down or prevent the implementation of land reform. ... Another common thread is the inability of DAR personnel in the local level to execute and enforce the agrarian reform law. ... In worse cases, DAR personnel themselves are engaged in a systematic practice of corruption by making money out of the many loopholes of the sham land reform law. ... There is one vital aspect though that proves to be the most effective means to making
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International Fact Finding Mission Report / Philippines - December 2000 32 agrarian reform a successful experience in the Philippines--- it is the farmers’ strong self-organizations and resolute struggle in pressing the government to implement genuine land reform and to institute meaningful changes in the policy environment to achieve genuine rural democratization and development. ... Installation is incomplete although some Agrarian Reform Beneficiaries are paying directly to the Land Bank Problems found: Some of the concerns in the area are: Mr. ... In 1991, the Department of Agrarian Reform (DAR) issued some 400-hectare CLOAs to Bukidnon Free Farmers and Agricultural Laborers Organization (BUFFALO), while two other farmer groups, the Triad Agri Movers Association of Rural Active Workers (TAMARAW) and LIMUS got 200 hectares each. ... Minda, Carmen, Panabo, MindanaoBackground: A master list of ARBS, which was released last November 15, 1999, was protested by Wadecor employees and Agrarian Reform Beneficiaries (WEARBAI). ... In 1998, United Floirendo Employees and Agrarian Reform beneficiaries Association, Inc. (UFERBAI) delegation went to the Office of the Department of Justice demanding to have DAPECOL under agrarian reform coverage. ... Thirty-four agrarian reform beneficiaries were left of the original ALDA farmers who bravely ventured into producing banana (lakatan variety) and selling the produce on their own. ... In 1991, Vizcaya Plantation Employees Agrarian Reform Beneficiaries Association (VPEARBAI) was organized. ... 7021 hectaresBackground: In 1993, the Davao Fruit Corporation Agrarian Reform Beneficiaries Organization (DAFCEARBAI) was organized. ... Provincial Agrarian Reform Officer (PARO) advised members of DAFCEARBAI to submit individual workers profile and application to permit the processing of their claims. ... Problems found: DAR inaction to implement land reform in the area covering 250 hectares as committed by MARO in the covenant he signed stating that it will implement what is in the law and that the members of DAFCEARBAI will be the priority CARP beneficiaries. ... Conclusions and Recommendations: The agrarian reform process in the Philippines is facing a large amount of problems, which has been surprising to the IFFM, especially in comparison to the situation in many other countries willing to implement an agrarian reform policy. The problems are linked to the complex structure of the legal background for the agrarian reform here in the Philippines, and the often conflicting legislation concerning land use patterns. ... Five issues have been detected in areas where most of the problems in the implementation of agrarian reform policies in the Philippines occurred. ... The agrarian reform process is insufficient and too slow at all levels. The implementation of the agrarian reform policies is incomplete and many loopholes and unregulated areas remain. The rural communities and small farmers as well as ARBs are confronted with conflicting legislations, which often lead to the situation that the agrarian reform legislation is judged as being the weakest and which is often overruled by other bodies of law. The political will to mobilize sufficient resources for the implementation of agrarian reform policies and to overcome administrative shortages and solve conflicts occurring in the process in a manner that would allow landless peasants or tenants and leaseholders secure access to productive resources. ... The access and speed of legal remedies must be guaranteed to small farmers, ARBs and potential ARBs It must be guaranteed that the administration for agrarian reform is following guidelines of good governance, and is avoiding the release of erroneous CLOAs. ... A binding land use plan is needed which can guarantee safe investments in agriculture for small farmers and agrarian reform beneficiaries. ... The political will is missing to adequately finance the agrarian reform in the Philippines and moreover to overcome the difficulties in the implementation process. ... may be tested, but they should and cannot replace the role of the state in the agrarian reform process. Without a firm political commitment, the small farmers and landless peasants will not become the profiteurs of the agrarian reform process. ... The state still has to play the leading role in agrarian reform and political will and conviction is needed to actually implement a new agrarian reform. In general the IFFM is asking the government of the Philippines to implement its agrarian reform policies based on the requirements coming from the international bill of human rights, especially the Covenant on Economic, Social and Cultural Rights.
Approximate Word count = 15745
Approximate Pages = 63
(250 words per page double spaced)
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