Land: Territory, Domain, !and Identity

Outline of the ReportI. Introduction II. Methodology III. Historical Background on Land Dispossession (1898-2015) 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

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

1850 Location of Parishes

Spanish-era Parishes

1565 Muslim Areas in the Philippines at the time of the arrival of the Spaniards

Sources: L - Majul 1985 R- Villasper 2005 Dumol 2013 Javellana 2010

1890 1890 Spanish Politico-Military Government of Mindanao

Mapa Ethnografico del Archipelago Filipino F. Blumentritt

1916 Creation of the 1915 Department of Mindanao and Sulu. 1918 Provincial Population Count

Effects of shift from river to road transport

1973Creating the provinces of North Cotabato, Maguindanao and Sultan Kudarat.

Resettlement Programs (MAR) Ilaga-related incidents

1970-1972Resettlement Programs (MAR)

2014 Comprehensive Agreement on the Bangsamoro (CAB) - Proposed coverage to be determined upon passage of the BBL and ratification through plebiscite

2010 1 Square = 50 PersonsBarangay Population Count

Moro IP Other Filipino

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.

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-by-plot, 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

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.

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.

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.

Thank you