land administration and management project ii...

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LAND ADMINISTRATION AND MANAGEMENT PROJECT II (LAMP II)

ENVIRONMENT AND SOCIAL SAFEGUARDS FRAMEWORKS

AND GUIDELINES

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LAND ADMINISTRATION AND MANAGEMENT PROJECT II (LAMP II)

ENVIRONMENT AND SOCIAL SAFEGUARDS FRAMEWORKS

AND GUIDELINES

Content: Page

1. Environment Management Guidelines 3 2. Involuntary Resettlement Policy Framework 7 3. Policy Framework to Avert Potential Displacement 11

Of Poor Land Claimants with Mortgaged Lands 4. Participatory Process Framework 12 5. Indigenous Peoples Policy Framework 13 6. Gender Mainstreaming Policy Framework 17 7. Policy Framework for the Participation of the Basic Sector 19

Annexes: (Key Points) 1A. Environmental Guidelines 24 1B Environmental Procedures 24 1C Checklist for Screening Subprojects 25 2A Involuntary Resettlement Policy Framework 28 2B Involuntary Resettlement Procedures 29 3A Policy Framework to Avert Potential Displacement 31 of Poor Land Claimants with Mortgaged Lands 3B Procedures for Mortgaged Lands 31 4 IP Policy Framework and Guidelines 33 5A Gender Mainstreaming Policy Framework 35 5B Gender Mainstreaming Procedures 36 6A Policy Framework for Basic Sectors Participation 37 6B Procedures for Participation of Basic Sectors 38

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INTRODUCTION

The proposed Land Administration and Management Project II is part of the Government of the Philippines’ long term agenda to reduce poverty and enhance economic growth by improving the security of land tenure and ensuring the delivery of efficient and sustainable land administration services to the urban and rural areas. The land administration reform program is expected to be implemented over a period of 15 to 20 years. The outputs of the long-term program will include: (a) clear, coherent and consistent sets of land administration policies and laws; (b) accelerated programs too formally recognize the rights of eligible land holders and to have them recorded in a strengthened land administration system; (c) an efficient land administration system responsive to the needs of the people, operating throughout the Philippines in accord with government policies and supported by a sustainable financing mechanism; (d) an effective and transparent land valuation system, in line with internationally-accepted standards which serve the needs of all levels of government and the private sector; and (e) a well functioning land market operating in both urban and rural areas.

Specifically, the LAMP II aims to improve the capacities of national, regional, provincial and municipal land administration agencies to provide a holistic and integrated package of land administration services to the different areas of the country. Through this Project, the government expects to accelerate the process of land administration reform by way of progressively expanding tenure security (titling) and valuation activities, using the lessons from LAMP I. To ensure sustainability, partnership agreements will be forged by the Project with selected provinces and municipalities that demonstrate acceptance and commitment to participate in the Project.

The LAMP II has several components: o Policy Development; o Institutional Development and Capacity-Building; o Tenure Security; o Land Valuation and Taxation; and o Project Management

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1. ENVIRONMENTAL MANAGEMENT GUIDELINES Environment Category The project is classified as Category B because it is not expected to have adverse and unprecedented environmental impacts. The environmental effects of the project are minor and indirect. Other than the minor impacts from civil works activities due to the construction of office buildings, field land offices and adjudication centers, the project will not support land titling in protected areas and areas of environmental, cultural and social significance until after decisions have been made with regard to its status and boundaries nor will it support land conversion and other huge civil works that would adversely affect the environment. Environmental Impacts A review of the project’s environmental impacts is undertaken using the experience of LAMP I and the impact studies on land titling in Thailand, Laos, Cambodia and Indonesia. The review shows that most of the direct impacts are from civil works activities while the indirect impacts that go beyond the life the project are coming from land titling and activities associated with it, such as land surveys and boundary delineation, among others. Below are the anticipated impacts from the project. Civil works impacts. The construction of buildings, offices and centers may contribute to the short term degradation of the environmental quality in the immediate vicinity of the construction workers and nearby settlements, degrade the quality of nearby water bodies if earth spoils and solid wastes are not properly disposed of and if sanitary facilities are not provided. It could also endanger the lives of the workers if occupational health and safety standards are not practiced at the construction site. The impacts, however, are short-term and limited only during the construction phase and can be easily mitigated by adopting proper construction site management, practicing good housekeeping measures and property adopting occupational and health safety standards. Land titling impacts. Land titling is intended to stimulate investments and economic activities. It enhances tenure security and thereby promotes investment in land-based activities, including agriculture. In addition, titled land may be used as collateral for loans for improving land and expanding agricultural enterprises. The increase in land tenure security due to land titling will have the following positive and negative environmental impacts: a) Change in land use due to conversion. Land titling may result in

permanent conversion of agricultural lands to other uses such as industrial and built up areas, especially in areas close to or within the urban centers. Another potential adverse impact of mass land titling in the rural areas is

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the arbitrary conversion of agricultural lands. This is seen to happen if the facilitated buying and selling of lands, which is expected to result from the improved issuances and transfer of land titles, will lead to the uncontrolled conversion of prime agricultural lands to other uses, and to the further fragmentation of small-sized farm lands among the heirs of land title claimants.

b) Agricultural intensification. Environmentally, agricultural intensification

is a two-edged sword: it may provide an incentive and resources for better land management and pave the way for the adoption of more advanced and environment- friendly farm management practices, or it may be associated with practices with negative environmental and public health impacts such as increase use of farms inputs like pesticides and fertilizers. Increased land tenure security encourages farmers to diversify their crops and increase their production, which may lead to an increase use of and their dependence on chemical pesticides for pest control.

c) Expansion of cultivated areas. Farmers may purchase additional land

for cultivation as a result of land tenure security, ability to access institutional credit to expand production and change of attitude to long-term perspective, with a willingness to manage in a more sustainable manner their landholdings.

d) Increase yield, value of farm production and farmers income.

Farmers with land titles would more likely invest in agricultural inputs to maintain or increase production. With increased farm inputs and production, farmers’ incomes are also expected to increase.

e) Increase investment in land. Farmers are expected to invest in their

lands, knowing that their titles are secured. Also, as their land is now a “tradable” asset, farmers would realize that any investment in land improvements can be recovered should the land be sold. This positive change in land use behavior and attitude is seen as important environmental enhancements.

Environmental Guidelines The project has been designed to promote sound environmental management and mitigate potentially negative effects arising from project activities. To avoid and/or minimize the anticipated environmental impacts from the project, the following guidelines will be observed all the time: Civil Works Construction works will not be sited in protected areas and other sensitive areas. Civil works activities will not be sited in environmentally-, culturally- and socially-sensitive areas. An environmental screening will be undertaken to ensure that buildings and adjudication centers will not be constructed nor sited in protected areas and areas that are environmentally-,

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culturally and socially-sensitive. Any construction works tat will pose significant environmental risk will not be funded by the project. Building design. Building design will follow sound architectural and engineering practices. Contracts to include environmental measures. The contracts for civil works activities will include clauses on proper construction site management, good housekeeping measures, provision of sanitary facilities, proper waste disposal, adherence to dust and noise standards and adoption of occupational health and safety standards. It will include clauses on the procedures to be followed in the event of change finds of culturally significant sites. Huge civil works with adverse environmental impacts will not be funded. The project will not support huge civil works activities, land conversion, resource extraction, industrial production or any activity that could adversely affect the environment.

Land Titling and Associated Activities Delineation of boundaries. The project will not support classification of land but may support boundary delineation as a result of land surveys. The process will involve the full participation of all stakeholders, including concerned government agencies, local government units, communities, including informal settlers. Settlers that have established on the other side of the forests that may be affected as a result of boundary delineation will be protected against dislocation by providing them with the relevant tenurial security instrument (e.g., stewardship contract). The issuance of tenure instruments on forest lands will be mainstreamed into the on-going regular program of the DENR, rather than be made part of the project. The issuance of tenurial security instruments, however, will not apply in areas (urban and rural) which are already covered by existing laws (e.g. Commonwealth No. 141 or the Public Land Act; Republic Act No. 6657 or the Comprehensive Agrarian Reform Law; Republic Land Act No. 8371 or the Indigenous People’s Rights Act). Taking into consideration the existing set-up for land ownership, the project will simply focus on the issuance of tenurial instruments in public alienable and disposable (A & D) lands, in accordance with the provisions of Commonwealth Act No. 141, and will respect the rights of the people concerned under all existing laws. The land titling and associated activities of the project will not be dealing with issues involving ownership over said lands. Sequencing of systematic titling activities. The project will not issue titles in forested areas, protected areas and critical natural habitats. It will not also issue titles in areas of environmental, social and cultural significance until after decisions have been made with regard to their status and boundaries.

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Support for the Development of a Municipal Comprehensive Land Use Policy and Plan. The project will render assistance to the Local Government Units in the development of a Municipal Comprehensive Land Use Policy and Plan by providing Cadastral Index Maps (CIMs) as tool for tax mapping. Cadastral Index Map is the national standard spatial index map for the Philippines depicting all legal land parcels within the map area as they exist on the ground and projected under the Philippine Reference System of 1992. integrated and cross-indexed land parcels in the CIM will provide an updated textual and spatial land tenure information system that is efficient and unambiguous, and will minimize weaknesses in ownership adjudication. Land parcels in the CIM will inherit a unique identification tag that cannot be duplicated and its historical ownership profile is monitored by the cross-index. Environmental input into land policy formulation. The project will ensure that all policy reform initiatives supported under the project will include appropriate provisions for evaluating the potential environmental and social implications of proposed reforms. Policy reform initiatives will be designed in a consultative and participatory manner. Creation of capacity for land management. The project will create capacity for improved environmental management in several ways. It will establish a university degree course in surveying, land management and land administration. It will also strengthen capacity of technical people involved in land management in regional and local levels. The project will also link to programs of other agencies supporting land use planning and land administration. Implementation Arrangements The DENR, which is the primary environmental agency in the country, is the project implementer. That being said, the project will ensure that the environmental guidelines, applicable GGP and Bank policies will be observed all the time. The Project Coordination Office (PCO) will make arrangements with the DENR Environmental Management Bureau for environmental screening of civil works activities, addressing projects impacts and building the capacity of staff at the PCO, Regional and Local levels, including the LGUs.

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2. INVOLUNTARY RESETTLEMENT POLICY FRAMEWORK

Introduction

This Policy Framework for Compensation, Resettlement and Rehabilitation of Project Affected Persons (PAPs) is for the Land Titling and Administration Project (the Project). The Policy Framework provides the principles and procedures to be followed to compensate people who may be negatively affected by the Project so as to ensure that they will be assisted to improve, or at least restore their living standards, income and/or production capacity to pre-Project levels.

While no resettlement or major land acquisition is anticipated under the

land titling components, the Project has developed a policy framework to protect people who may be negatively impacted from two possible sources. These are: 1) land required for the rehabilitation and/or construction of project office buildings such as One-Stop-Shops and training facilities; and 2) possible displacement of persons who occupy areas to be declared as "buffer zones" in the process of delineating the permanent forest estates. Policy Framework

The Policy Framework is based on the World Bank Operational Policies OP4.12 on Involuntary Resettlement. The general principles and objectives on involuntary resettlement are as follows:

1. Land acquisition, involuntary resettlement and other negative impacts

are to be avoided, where feasible, and minimized, as much as possible.

2. The resettlement and rehabilitation program should improve, or at least maintain, the displaced person’s pre-project living standards and should warrant their participation in project benefits.

3. Lack of legal rights to the assets lost will not deter the Project displaced person from entitlement to such compensation or rehabilitation measures.

4. Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the displaced people, to ensure minimal disturbance/disruption of their socio-economic activities;

5. The compensation, resettlement and rehabilitation activities will be satisfactorily completed before a No Objection Letter can be released by the World Bank to the Project for awarding contracts for civil works.

Definition of Terms

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Project Displaced Person (PDP): any person who, on account of the execution of the Project, or any of its components or subprojects, would have their:

1. right, title or interest in any land (including residential, agricultural and grazing land), house or any other fixed or movable asset acquired or possessed, in full or in part, permanently or temporarily; or

2. business, occupation, work, place of residence or habitat adversely affected; or

3. standard of living adversely affected. Land Acquisition: the process whereby a person is compelled by a public agency to alienate all or part of the land the person owns or possesses, to the ownership and possession of that agency, for public purpose in return for compensation at replacement cost. Replacement Cost: is the method of valuation of assets which helps determine the amount sufficient to replace lost assets and transaction costs. Where domestic law does not meet the standard of compensation at full replacement cost, compensation is supplemented by additional measures necessary to meet the replacement cost standard. Rehabilitation: all measures taken to mitigate any and all adverse impact of the Project on the PDP’s property and/or livelihood, including compensation. Relocation and rehabilitation. Compensation: payment in cash or in kind for the replacement cost of the acquired assets. Entitlement Policv. In accordance with the Bank’s requirements, people eligible for compensation are those who will experience negative impacts on their assets and livelihoods as a result of the Project.

In general, people eligible for compensation would include those affected in the following ways:

� Land to be permanently acquired for the Project: o Owners with formal legal title o Owners/occupiers eligible for formal legal title under

Comprehensive Agrarian Reform Law, Indigenous People Rights Act of 1997 and Public Land Act (CA 141) as amended by RA 6940

� Permanent removal of houses, other structures and improvements to land based assets, such as trees and crops: o Owners of houses and other such structures (whether with land

title or not) and whether the house or structure was built with permit or not

� Temporary disturbance to land, crops, businesses during construction: o Farmers, land users and businesses

Specifically, PDPs will be entitled to the following types of

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compensation and rehabilitation measures:

a) PDPs losing agricultural land: a) The general mechanism for compensation of lost agricultural land

will be through provision of land for land arrangements of equal productive capacity, satisfactory to the PDP. However. if the PDP so wishes and the portion of the land to be lost represents 20% or less of the total land area of the landholding, cash compensation, at full replacement cost, may be provided to the displaced person.

b) PDPs will be compensated for the loss of standing crops and fruit or industrial trees at market price.

c) PDPs whose lands are taken temporarily as a result of civil works undertaken for the Project will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure.

2. PDPs losing residential land and structures:

a) The mechanism for compensating loss of residential land and structures will be: (i) the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the PDP: and (ii) cash compensation reflecting full replacement cost of the structures without depreciation.

b) If the impact on residential land and/or structure is minor, cash compensation at replacement cost acceptable to the PDP will be provided.

c) If the residential land and/or structure is affected by the Project and the remaining residential land is not. sufficient to rebuild the residential structure lost, then at the request of the PDP the entire residential land and structure will be acquired at full replacement cost, without depreciation.

d) Tenants who have leased a house for residential purposes will be provided with a cash grant of three months rental fee at the prevailing market rate in the area and will be assisted in identifying alternative accommodation.

3. PDPs losing business:

The mechanism for compensating loss of business will be: (i) the provision of alternative business site of equal size and accessibility to customers, satisfactory to the PDP; (ii) cash compensation for lost business structure reflecting full replacement cost of the structures, without depreciation: and (iii) cash compensation for the loss of income during the transition period.

In cases where community infrastructure such as schools, factories, water sources, roads, sewage and sewerage systems or electrical supply is damaged, the Unified Project Management Office (UPMO) will ensure that these will be restored or repaired as the case may be, at no cost , to the community.

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Abbreviated Resettlement Plan. As Project facilities projected for construction and/or rehabilitation will entail minimal displacements, an abbreviated resettlement plan for each work contract will be prepared by the relevant sub-project Project Management Offices, to be submitted to the Unified Project Management Office (PMO). These documents will be furnished to the World Bank (WB) for its concurrence and clearance.

Each Abbreviated Resettlement Plan will include: (a) the census survey of displaced persons and the valuation of assets affected; (b) detailed compensation and other rehabilitation assistance to be provided each PAP; (c) documentation of meetings conducted with displaced people, indicating options explored and the final acceptable alternatives; (d) the description of the organizational units which will implement the plan and the procedures for airing grievances should there be conflicts in perceptions relative to compensation between the displaced person and the implementing agency; (e) the implementation plan, specifying time frames, the detailed budget and source of funding for the various compensation and rehabilitation measures; and (f) the joint institutional arrangements (displaced persons and the agency) for monitoring the plan implementation.

After clearance from WB, the compensation, resettlement and

rehabilitation activities of the Abbreviated Resettlement Plan must be satisfactorily completed, before a No Objection Letter (NOL) can be released by the WB to the Project to enable it to award the contract of civil works for the particular sub-project.

People’s Participation. The PDPs will participate throughout the various stages of planning and implementing the Abbreviated Resettlement Plans. For these purposes and prior to the preparation of the Plans, the displaced persons will be informed of the provisions of this Policy at public meetings held by UPMO and respective Project Implementing Offices.

Each displaced household/person will be fully informed of their entitlements/ compensation and rehabilitation under the Policy. After compensation is received, each PDP household will sign an acceptance letter. Provincial monitoring teams will obtain feedback from PDPs to see if there has been compliance with the Resettlement Policy. The WB team will also monitor these activities in its regular supervision missions during the period of Project implementation. Individual interviews and/or focus-group discussions with PDPs will be conducted. Implementation Arrangements

Implementation Schedule. A detailed implementation schedule of the various activities to be undertaken will be included in each resettlement plan. Payment of compensation and provision of other rehabilitation entitlements (in cash or in-kind), and relocation if that be the case, will be completed at most one month prior to the scheduled start-up date of works in the respective work

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contract site. Complaints and Grievances. Complaints and grievances related to any aspect of the resettlement plans including the determined area and price of the lost assets, will be handled as follows: • PDPs will present their complaints and grievances initially to the Barangay

Council Committee on Justice. If the PDPs are not satisfied with the solution, they can present their case to the Project Implementation Office (PIO). Should they find the resolution of their problem unacceptable, PDPs can elevate their complaints to the Regional PMO. If the response is still unacceptable to the displaced person(s), they can then proceed to raise their grievance to the UPMO.

• If the PDP is not satisfied with the solution of the UPMO, the case may

finally be submitted for consideration to the Office of the Secretary of the Implementing Agency.

• PDPs will be exempted from payment of all administrative, transfer and

legal fees. Supervision, Monitoring and Evaluation

Implementation of resettlement plans will be regularly supervised and monitored by the Project Implementation Offices in coordination with the Regional Project Offices and the UPMO. Findings will be recorded in biannual reports to be furnished the World Bank.

3. POLICY FRAMEWORK TO AVERT POTENTIAL DISPLACEMENT OF POOR LAND CLAIMANTS DUE TO ENFORCEMENT OF LAND

MORTGAGES

Introduction:

Many land claimants in the rural prototype communities of LAMP I were found to have mortgaged their untitled lands to informal lenders, who in many instances are same better-off individuals in a community. As observed in the rural prototype of LAMP I, there is real possibility that mortgage foreclosures will occur in existing mortgages once titles are issued to land claimants. If this happens, then the Project will inadvertently cause the displacement of many poor land occupants in the Project sites, and will thus work against its long-term goal of poverty reduction. To avert this, LTAP shall adopt policies and procedures that will avoid the transfer of ownership of mortgaged lands to mortgagees by exercise of power of sale or foreclosure.

Principles and Objectives:

Though LAMP supports the use of farmland as collateral, it shall not, as a policy, cause the displacement of poor land occupants from their mortgaged

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farmlands. In recognition of the need, however, for the enforcement of mortgages to encourage lending institutions to accept the use of farmland as collateral, LTAP shall support other arrangements which can meet the needs of both the mortgagor and the mortgagee. To do this, LTAP shall pursue the following general principles and procedures on mortgaged lands:

a) The mortgagor shall remain to be the rightful owner of the mortgaged

land, and will be listed by LTAP as the rightful land claimant; thus, LTAP will not recognize any document which will show the transfer of land ownership from a poor mortgagor to mortgagee for the purpose of recovering debt;

b) The land titling instrument (i.e. Free Patent) shall be issued in the

name of the mortgagor, as the land claimant; and

c) LTAP shall enter into Memoranda of Agreement with participating Local Government Units, and other relevant government agencies, to enable poor owners of mortgaged lands to: � gain access to capital, better production/post production

technologies and market information; facilitate development of egalitarian arrangements, to ensure that the lender will get a return on investment, as an alternative to foreclosure, until the debt has been fully paid;

� access information on health and crop insurance schemes; and � organize themselves to work more productively with barangay

LGUs to access other resources which can increase productivity of their lands, facilitate development of their lands in particular, and their barangays, in general.

4. PARTICIPATORY PROCESS FRAMEWORK

Basic Principle and Objectives:

The Land Titling and Administration Project will eventually delineate forest boundaries and identify "buffer zones" of permanent forest estates which cannot be titled to private individuals. If households within these delineated areas will be displaced and resettlement becomes inevitable. the Involuntary Resettlement Policy Framework and Guidelines must be followed in dealing with the displacement issues.

It is also possible that movements of households which have, for

generations, accessed resources from these lands for their sustenance and livelihood, will be restricted by the Project and eventually suffer as a consequence of this Project intervention. In such cases, it shall be the policy of the Project to engage affected households and communities in transparent and participatory decision-making processes, to mitigate such possible negative Project impacts.

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The Project will engage the services of non-government or civil society organizations, which can facilitate the process of building capabilities of affected individuals and families, so they can meaningfully participate in Project decision-making activities. Specifically, the potentially displaced persons should be involved in:

� identifying adverse impacts of such Project interventions to their lives;

� contributing possible strategies and identifying specific Project packages to improve their livelihoods or restore them, thereby mitigating Project negative impacts or compensating them for the displacement caused by the Project, while maintaining the sustainability of the protected areas;

� developing the rehabilitation plan, and identifying a workable

monitoring mechanism at the field level, to ensure that agreements are complied with by both sides; that plan implementation issues are resolved in the shortest time possible; and that measures undertaken have truly improved (or at minimum restore) pre-project incomes and living standards.

The grievance mechanisms and processes shall follow the same

processes outlined in the Involuntary Resettlement Policy Framework of the Project.

5. INDIGENOUS PEOPLES POLICY FRAMEWORK

Introduction: This Policy Framework for Indigenous Peoples for the Land Titling and

Administration Project defines the objectives of the Framework; identifies who the Indigenous Peoples are; sets the guidelines for meaningful consultation meetings with IPs to take place; identifies the mechanisms and processes to ensure the guidelines are followed; sets the requirements for coordination, supervision and monitoring of compliance to the Policy Framework; and provides the steps that can be undertaken to resolve complaints emanating from IP communities.

As a policy, the Project shall ensure that Indigenous Peoples are

informed, meaningfully consulted and mobilized to participate in LTAP Project activities, especially where their ancestral domain claims are affected. Their participation will enable IPs to receive culturally compatible social and economic benefits with more certainty and/or protect them from any potential adverse impacts of any development activity, policy, or research work to be financed by the Project.

Consensus of all IP members affected must be determined in

accordance with their respective laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the

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intent and scope of the Project activity, in a language and process understandable to the community.

Project contact with the Indigenous Peoples is expected as the Project

attempts to address issues associated with the demarcation of forest boundaries, and the settlement of competing claims where IPs have likewise declared ownership for such lands. IP associations want a clear delineation of public and private domain, including alienable and disposable lands.

Project implementation structures and local government units must

ensure at all times that development processes implemented by the Project foster full respect for the Indigenous Peoples dignity, human rights and cultural uniqueness.

LTAP must ensure that none of its infrastructure or related subprojects

will damage non-replicable cultural property.

Definition of Indigenous Peoples

"Indigenous Peoples" refer to a group of people or homogenous societies that can be identified in particular geographical areas by the presence in varying degrees of the following characteristics:

¾ by self-ascription and ascription of others, have continuously lived

as an organized community on communally bounded and defined territory, and who have, under claims of ownership, since time immemorial, occupied, possessed and utilized such territories;

¾ share common bonds of language, customs, traditions and other

distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos;

¾ maintain their own social, economic, cultural and political

institutions within or outside their traditional domains, despite inroads of non-indigenous religions and cultures and the establishment of present government boundaries.

Legal Framework

The Policy Framework and Procedural Guidelines for Indigenous Peoples are prepared within the context of World Bank Operational Directive # 4.20, which instructs Bank-supported projects to give protection to IPs with regards to mitigating possible adverse impacts of investments and which requires the development of an Indigenous Peoples Development Plan should Bank-assisted projects prove to have such impacts on IP populations.

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The Guidelines support the priority given to IPs by the Government of the Philippines (GOP), as enshrined in its 1987 Constitution, which recognizes the rights of the IPs to their ancestral domains and their power of dominion over their lands and resources. Among its pertinent provisions are:

1. Section 17, Art. XIV: "..customary laws governing property rights

or relations shall be applied in determining the ownership and extent of ancestral domains";

2. Section 22; Art. II: "..the rights of indigenous peoples to natural

resources pertaining to their lands shall be safeguarded..." These rights include the right of the IPs to participate in the use, management and conservation of natural resources.

3. Section 5 Art. XII: The right to stay in their territory and not be

removed therefrom, except when relocation is necessary as an exceptional measure, as in the case of an ecological disaster or armed conflict. IPs have a right to return to their territories once the ground for relocation ceases.

Another nationally-legislated instrument protecting the rights of IPs is

the Indigenous Peoples Rights Act (Republic Act 8371), which state certain requirements in activities and programs affecting the Indigenous Peoples. Some relevant provisions include:

1. Chapter III, section 7b: ".. .IPs have the right to an informed and

intelligent participation in the formation and implementation of any project, government or private, that will impact on their ancestral domain…";

2. Chapter IV. Section 16: "...IPs have the right to participate in

decision-making, in all matters which may affect their rights, lives and destinies, through procedures determined by them as well as to maintain and develop their own indigenous political structures...".

Guidelines for the Consultations

� The conduct of field-based investigation and the process of obtaining the Free and Prior Informed Consent (FPIC) shall take into consideration the primary and customary practices of consensus building, and shall conform to Section 14 (Mandatory Activities for Free and Prior Informed Consent) of the National Commission of Indigenous Peoples (NCIP) Administrative Order No.3, series of 2002.

� LTAP should deploy competent Project partners who can relate/

communicate well with the IPs.

� All presentations to IPs must be conducted in their native language.

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� All interactions with communities must be documented; with copies of documentation furnished the provincial PIO and the regional Project Management Offices, and the IP Tribal leaders.

� Where Project activities will pose adverse impacts on the social,

economic, political and cultural lives of these communities, IPs must be informed of their rights to compensation. Compensation for land and other assets to be affected will follow the Project’s policy on Compensation, Rehabilitation and Resettlement.

� Action plans must be drawn, with IP participation, to monitor and

evaluate mitigation measures for perceived negative impacts and delivery of compensation commitments.

Coordination, Supervision and Monitoring

To ensure compliance by concerned Project stakeholders to the Guidelines set forth in this Policy Framework, the following mechanisms and processes will be operationalised during Project implementation:

¾ The UPMO will facilitate the deliberate inclusion of NCIP and/or IP

representatives to the various inter-agency committees at different levels of the Project, where Project locations indicate presence of IP communities.

¾ Community profiling activities will include IP groups, if they are

present in the Project target sites, even if they are not the dominant population.

¾ Supervision visits by the Project Implementation Offices

concerned shall include NCIP and/or IP representatives.

¾ Supportive monitoring visits will be done regularly by the concerned Project Implementing Office, with NCIP and/or IP representatives, to:

o verify whether the guidelines for meaningful consultations with

IP populations are followed; and o validate whether funds for compensation (if applicable) are

provided in a timely manner and that the amounts released are sufficient for their purposes; and

o determine whether agreements with IPs in previous meetings have been implemented as committed.

¾ Documentation of all meetings, assemblies and other gatherings

involving IP communities will be done by the relevant Project Implementation Office.

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Complaints and Grievances

All complaints and grievances must be discussed in the specific IP community where Project activities are being implemented. The local leadership of the Barangay Council, together with the legitimate/recognized Tribal leaders of the affected areas, will be tasked to facilitate public hearings and negotiations to provide resolutions to the grievance filed.

Where necessary, an outside arbiter, preferably from the NCIP or the

Office of Southern Cultural Communities (OSCC) for Mindanao ARMM areas, will be invited to participate in the resolution of the grievance.

If negotiations stall, or if the IP communities disagree with the solutions

or options offered during the negotiations, the IP group can elevate the issue to the Provincial Implementation Office of the Project, with copies of the communications furnished the nearest NCIP Provincial Service Centers.

Should resolutions recommended by the Project Provincial

Implementation Unit be unacceptable to the IP community concerned, they can elevate the concern to the Regional Implementation Office of the Project, with copies furnished the Office of the Regional NCIP. If the problem remains unresolved, the problem is elevated to the National Unified Project Management Office, with copies of the communication furnished the NCIP Central Office.

6. GENDER MAINSTREAMING POLICY FRAMEWORK

This Policy Framework on Gender Mainstreaming for the Land Titling and Administration Project is in compliance with the Philippine Constitution provision on gender equality (Art. II, Section 14), with the Women in Development and Nation Building Act of 1992 or Republic Act No. 7192, and with the Philippine Plan for Gender-Responsive Development (PPGD) for 1995-2025. The PPGD is the Philippine government’s 30-year perspective framework for pursuing full equality and development for women and men. It is also a part of the commitment of the Philippine government to translate the strategies of the Beijing Platform for Action (SPA) -- forged during the Fourth World Conference on Women in Beijing, China in 1995 -- into concrete efforts to improve women’s lives.

As a policy, the Project shall ensure that it contributes to the

achievement of gender equity and equality in land administration and management. Guided by the multi-faceted vision of PPGD, LTAP will continue its work for women and men’s equal right to become land title holders, equal access to land information and land administration services, equal opportunity to participate in land administration, and equitable benefit from land resources. To do this, LTAP shall pursue the following general principles and objectives on gender mainstreaming:

a) Ensuring the gender sensitivity and gender responsiveness of LAM

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laws and policies that will be enacted through the advocacy of LTAP; b) Conduct of pre-project, during and post-project gender assessment to

monitor and assess the effects of LAMP on gender relations in Project sites;

c) Active participation of women and men in LTAP activities, including

policy reform advocacy, mapping and surveying, adjudication, land titling, land records management and other Project activities. The percentages of women and men in these Project activities will be targeted within the range of 30-70%;

d) Inclusion in the program capability and capacity building activities (i.e.

gender sensitivity, gender mainstreaming, alternative dispute resolution processes, transformational leadership skills, etc) to enable women and men to actively and effectively participate in pre-during-post Project activities;

e) Avoidance of gender stereotyping (i.e. linguistic and visual biases and

assigning roles based on gender stereotypes) in the internal and external operations of LTAP, including all of its Information, Education and Communication (IEC) materials;

f) Ensuring women and men’s equal opportunity to apply for land titles,

equal opportunity to own land titles, and equal opportunity to participate in decision-making processes related to their lands. LTAP shall ensure the installation of mechanisms for these purposes, including procedures to place conjugal land properties in the names of both spouses;

g) Development of sex-disaggregated national land records database

system to easily monitor the extent of gender gap in land administration; and

h) Ensure that at least five percent of LAMP budget, as mandated by

Section 27 of the 2003 General Appropriations Act and Local Budget Memorandum No. 2003-42 of the Department of Budget and Management, are directly and/or indirectly used for. Gender and Development (GAD) in LTAP.

To ensure compliance with the principles and objectives set forth in this

Policy Framework, the following mechanisms and processes will be operationalized during Project implementation:

� Designation of a Gender Focal Team at the UPMO and Provincial PIO

levels. This team will ensure, supervise and monitor the integration of gender in all of the components of the Project;

� Integration of gender mainstreaming tasks in the terms of reference of

all units, staff and technical advisers of LTAP, and the installation of

20

mechanisms for ensuring, monitoring and evaluating the effectiveness of the execution of these tasks; and

� Ensuring that the human resource development policies and other

organizational policies, including operational policies and procedures of LTAP, are gender responsive;

� Partnership with the Women Sectoral Council of the National Anti-

Poverty Commission (NAPC) and with the National Commission on the Role of Filipino Women (NCRFW) for the monitoring and evaluation of the extent of integration of gender in the policies and operations of LTAP.

7. POLICY FRAMEWORK FOR THE PARTICIPATION OF THE BASIC SECTORS

The Social Reform and Poverty Alleviation Act of 1998 or Republic Act 8425 defines "basic sectors" as referring to the disadvantaged sectors of Philippine society. Of the fourteen (14) basic sectors identified in the law, seven basic sectors have a direct stake in land administration reform. These are the farmer-peasant, indigenous peoples and cultural communities, urban poor, artisanal fisherfolk, women, workers in the informal sector and NGOs. With its overall long-term goals of poverty reduction and enhancement of economic growth through the improvement of land tenure security, LTAP has, in its core of concerns, the plight of these basic sectors.

This Policy Framework on the Participation of the Basic Sectors in

LTAP is in support of the Social Reform Agenda of the government, as defined in Republic Act 8425 or the Social Reform and Poverty Alleviation Act of 1998. This is also in keeping with the international commitment of the Philippine government, as declared at the World Summit on Social Development in 2000, to contribute to the global target of reducing the proportion of people living in extreme poverty by one half by 2015.

In defining the principles and objectives for the participation of the

basic sectors in LTAP, the Project is guided by the government’s program for poverty reduction, which is the Kapit Bisig Laban sa Kahirapan (KALAHI). The implementing arm of KALAHI is the National Anti-Poverty Commission (NAPC), a structure created in pursuant to RA 8425 as a partnership mechanism of government and the basic or marginalized sectors for participatory multi-sectoral designing and implementation of social reform and poverty alleviation programs. KALAHI has five core strategic thrusts:

� Asset reform (land security and access to productive resources);

� Human development services (continued and expanded access to

basic social and human development services);

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� Livelihood and employment opportunities (capital and credit/ microfinance, production, technology, markets and basic infrastructure for poor communities and job facilitation/placement);

� Social protection and security from violence (social safety nets, social

insurance, and peace-building/conflict resolution; and

� Participation of the basic poor sectors in policy setting and programs.

Guided by the five core strategies for poverty reduction of the KALAHI Program, LTAP defines the principles and objectives of the Participation of the Basic Sectors in LTAP to be the following:

a) Integration in the core thrusts or purposes of the systematization of

land administration (i.e. land adjudication, land registration, land record management and land valuation) the acceleration of urban and rural land reform;

The core outputs of LTAP, such as systematized land adjudication, land registration, land record management and land valuation processes and systems, shall be used to accelerate land reform, both in the urban and rural areas. Key outputs of LTAP that can speed up land reform shall hence be forwarded to concerned government agencies, such as the Department of Environment and Natural Resources-CARP Secretariat (DENR-CARP Secretariat) Department of Agrarian Reform (DAR), National Housing Authority (NHA), Housing and Urban Development Coordinating Council (HUDCC) and National Commission on Indigenous Peoples (NCIP), and shall be made available to civil society organizations working on land reform issues.

b) Facilitation of the collaborative and empowering participation of the basic sectors in defining the land administration policy reform agenda and in the development, implementation, monitoring and evaluation of LTAP at the national and local government unit levels (I.e. regional, provincial and municipal levels)

People’s participation in LTAP is important for two key reasons: ¾ First, participatory development supports poverty reduction by

creating more effective, equitable and sustainable activities. People develop a sense of ownership and commitment to activities when they work together to assess their problems and resources, consider and evaluate possible solutions, and formulate plans to manage and evaluate their project. By building and enriching social networks, participatory development enhances social capital, the most fundamental resource on which everyone relies for survival in the face of adversity or limited opportunity;

¾ Second, LAMP requires effective advocacy work to be carried out at the Congress and Executive levels to achieve changes to support

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the longer term Land Reform Agenda of the government. Advocacy work tends to locate itself close to the centers of power and to rely on skilled argument and high level debate. While these are important, experience in the Philippines has shown that political institutions will not pay serious attention without the organization and mobilization of a land administration and management program constituency.

LTAP shall sustain the partnership developed with the seven basic sectors of the National Anti-Poverty Commission (NAPC) during LAMP I, and with networks of civil society organizations at the national level. Efforts shall also be exerted to support and form partnerships with civil society organizations with community organizing programs in the provincial and municipal sites of LTAP. Very importantly, LTAP shall adopt participatory and community-driven development approaches in its major activities (i.e. policy reform advocacy, land mapping and surveying, adjudication, land titling, and land records improvement).

c) Networking with concerned government agencies (e.g. DAR, DENR- CARP Secretariat, Department of Agriculture, Department of Social Welfare and Development, and others), local government units, civil society organizations and private organizations for necessary post-titling socio-economic, social and human development services for poor land occupants and poor tillers both land titleholders and leaseholders - in LTAP Program sites. Working in parallel and in coordination with other government agencies, LGUs and civil society organizations, LTAP acknowledges the importance of supporting the convergence approach to poverty reduction of the KALAHI Program.

Networking with partner government agencies, LGUs and civil society organizations shall be undertaken through tapping existing multi-stakeholders structures or government-civil society partnership structures at the national, regional, provincial and municipal levels. These structures will help monitor and evaluate the accomplishments of LTAP and will ensure that the Project indeed works towards poverty reduction.

In cooperation with DAR and DENR-CARP Secretariat, LTAP will ensure that: a) portions of titled parcels of lands beyond the retention limit of landowners as defined in the Comprehensive Agrarian Reform Law (CARL) of 1988 are distributed to qualified farmer-beneficiaries; and b) agricultural lands not covered by the CARP land distribution program are placed under the leasehold program as also mandated by CARL. Through this, the Project, in coordination with DAR and DENR-CARP Secretariat, shall deliberately effect the security of land tenure of all tillers in its rural sites. Land tenure instruments will be in the form of land titles or free patents for landowners, or in the form of leasehold contracts for tillers who do not own their farm lands. Measures will also be undertaken to effect the same arrangement in the urban areas for informal settlers.

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As the majority of land occupants in rural and urban areas are landless tillers and informal settlers, respectively, land registration and land records shall also include information on occupants with leasehold rights.

d) Installation of effective systems for the resolution of grievances and

disputes arising from or related to the implementation of LTAP in the communities.

Grievance and Conflict Resolution Mechanisms:

To ensure that no one is disadvantaged by the implementation of LTAP, grievance or dispute resolution mechanisms shall be installed in the LGU-barangay and municipal levels. In these mechanisms, the use of alternative dispute resolution (ADR) processes (i.e. negotiation, conciliation, mediation, voluntary arbitration, consensus building, informal dialogues) whenever possible and appropriate, shall be promoted.

To facilitate the participation of the basic sectors in LTAP, the Unified PMO Social Development Unit shall coordinate with the basic sectors counterpart of the National Anti-Poverty Commission (NAPC) and major networks of civil society organizations at the national level, and with the Regional KALAHI Convergence Groups (RKCG) and Regional Development Councils at the regional level. At the provincial and municipal levels, the Project Implementation Offices shall coordinate with representatives of the basic sectors in the Local Development Councils and with networks of civil society organizations in their respective areas.

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ANNEXES LAND TITLING AND ADMINISTRATION PROJECT ENVIRONMENTAL AND SOCIAL POLICY FRAMEWORKS AND PROCEDURES KEY POINTS IN TABLE FORMAT Contents

1A. Environmental Guidelines

1B. Environmental Procedures

2A. Involuntary Resettlement Policy Framework

2B. Involuntary Resettlement Procedures

3A. Policy Framework on Potential Displacement Of Poor Land

Claimants Due To Enforcement Of Land Mortgages

3B. Procedures on Mortgaged Lands of Poor Land Claimants

4. Indigenous Peoples Policy Framework and Guidelines

5A. Gender Mainstreaming Policy Framework

5B. Gender Mainstreaming Procedures

6A. Policy Framework for the Participation of 8asic Sectors

6B. Procedures for the Participation of 8asic Sectors

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1A: Environmental Guidelines

Key Points 1. The Project should have positive environmental benefits. 2. The Project should not cause negative environmental impact. 3. The Project will support construction and rehabilitation of office building,

training facilities and an institute building for LAMP in project sites, based on sound architectural, engineering and environmental principles.

4. Every design for the construction and rehabilitation of office space and training facilities will be screened for environmental impacts.

5. Any design with significant environmental risks will not be financed under the Project.

6. Construction works will not be sited in protected areas and other sensitive areas.

7. All contracts will include adoption of appropriate environmental measures. 8. Huge civil works with adverse environmental impacts will not be funded. 9. The Project will establish a team at the central and provincial levels to guide,

train and monitor environmental activities. 10. Monitoring for environmental matters will be part of regular project monitoring. 11. The Project will ensure that the municipal LGUs in the Project sites have

developed their respective Comprehensive Land Use Plan before the implementation of the Project.

12. The Project will support the passage of a National Land Use Act.

1B: Environmental Procedures

Environmental Procedures When Who is Responsible

1. Appoint staff at UPMO and PIO levels for guiding, training and monitoring environmental matters.

During pre- implementation

2. Provide orientation and training to UPMO and PIO project staff and consultants (including LGUs, NGOs and civil society) on environmental guidelines, screening and approval procedures.

About twice a year (or as needed)

Executive Director to

appoint Environmental

and Social Officer

3. Finalize screening and approval procedures.


- ditto-

4. Screening of designs for construction and rehabilitation office building. Training facilities and an institute building (see checklist for environmental impacts):a. Review designs for environmental

impact; b. Approve designs if there are no

significant negative environmental impacts;

c. If designs are not approved, request for redesign or for specific mitigation measures and re-submit;

d. Conduct 2nd review of re-submitted

When designs are submitted to the UPMO for approval.

UPMO Env & Social Officer

PIO Project

Manager

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designs; e. Undergo approval process.

5. Meet the municipal local chief executive and the Municipal Planning and Development Coordinator to discuss the need to review/enhance the LGU Comprehensive Land Use Plan


Executive Director to

appoint Environmental

and Social Officer6. Consultation with communities:

a. Consult with residents and villagers during community outreach/public relations activities regarding potential environmental issues in the area;

b. Report to Adjudication Team if there are potential significant negative environmental impacts.

During initial consultation with project

Community Relations staff

assisted by UPMO Env & Social Officers

7. Monitoring of environmental matters and preparation of short report for Project Team. (A standard format can be developed for this report.)

Based on project schedule

PIO M&E

8. Integrate all provincial reports for inclusion into regular project progress report.

- ditto - UPMO M&E

1C. Checklist of Likely Environmental and Social Impacts Arising From Sub-project

Checklist to be used by PMO in Screening Sub-projects for Office Buildings, Training Facilities

Name of Sub-project Name of Province Brief Description of Sub-project:

Proposed Date of Start of Work Technical Drawing/Specifications Seen Yes No Is the Project located in an area defined as “Environmentally Sensitive Area”?

(if yes, provide a map of the area)

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A. Environmental Effects Related to Sub-project Location and Design Type of Environmental Resource Likely Effect/Impact

Minor Moderate Major Natural Habitat and Wild Life Erosion and Silt Control Drainage Pattern Water Quality Land Use and Settlement Historical and Cultural Sites Visual Effects and Aesthetics

B. Environmental Effects Related to Sub-project Construction/OperationType of Environmental Resource Likely Effect/Impact

Minor Moderate Major Natural Vegetation and Wildlife Land Use and Settlement Health and Safety Erosion and Silt Control Noise and Dust Highway Spill of Hazardous Materials

C. Resettlement Does the Sub-project involve any land acquisition?

Yes No

Does the Sub-project involve and impact on building, crops, trees, business and other assets?

Yes No

Does the Sub-project involve displacement of people? (if yes to any of the above, refer to the Resettlement Policy Framework for instructions on how to proceed)

Yes No

D. Indigenous Communities Are there any communities of Indigenous Communities living in the area of the Sub-project or likely to be affected by the activities of the Sub-project? (if yes, refer to the Indigenous Peoples Policy Framework for instructions on how to proceed)

Yes No

What is the PIO or UPMO’s Overall Assessment of Environmental and Social Impact of Sub-project?

Minor Moderate Major

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Name of Officer Conducting Screening (PIO Environment & Social Officer):

Date of Screening:

Cleared for Approval by Regional PMO Project Manager

Yes No

Name of Project Manager: ________________________ Signature: Date: ___________________________ ___________________ Note:

Approval: Only application with minor or small impacts/effects are to be cleared for approval by the Regional PMO.

IEE: Applications with an anticipated moderate or considerable

environmental effects/impacts are required to be sent back for preparation of an Initial Environmental Examination (IEE) Checklist.

Social Impacts: Applications with expected land acquisition/resettlement

impacts or where indigenous Communities are located have to be accompanied with fuller details of social impacts and action plans.

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2A: Involuntary Resettlement Policy Framework

Key Points 1. The resettlement policy framework will apply to the following situations:

a. Constructions and or rehabilitation of office buildings such as One-Stop-Shop and training facilities;

b. Potential eviction of people from land considered as national park and government reservation or to be titled to the Government.

2. The Project should have positive social benefits for people.

3. It will avoid or minimize any potential relocation of people by exploring

alternate locations or designs.

4. Where voluntary resettlement or negative impacts are unavoidable, all displaced persons should be:

a. compensated for their losses at full replacement cost; b. assisted with the move and supported during the transition period in the

resettlement site; c. assisted in their efforts to restore or improve their former living

standards, income earning capacity, and production levels.

5. Displaced persons without legal title are also eligible for compensation.

6. Displaced persons should be fully consulted during the process of screening for social impacts, planning and implementation of resettlement activities.

7. Given the facilities to be constructed, an abbreviated resettlement plan for each sub-project will be prepared. See procedures below.

8. The compensation, resettlement and rehabilitation activities will be satisfactorily completed before a no objection from the World Bank will be provided for award of contract of civil works under each sub-project for office spaces and related facilities.

9. Displaced persons can file complaints to the Project authorities in the following order: Barangay Council, Provincial Project Implementation Office, Regional Project Implementation Office, the Unified Project Management Office (UPMO) and finally, the Secretary of the Implementation Agency (when warranted)

10. The cost of compensation and rehabilitation will be the responsibility of the Project using counterparts funds.

11. All Project related staff and consultants will be provided orientation and training on resettlement issues and implementation.

12. The Project will establish a team at the UPMO and lower level Implementation Offices to guide and monitor resettlement activities.

13. Monitoring of resettlement matters will be a regular part of project monitoring.

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2B: Involuntary Resettlement Procedures

Resettlement Procedures When Who is Responsible

1. UPMO to designate staff at all levels of Implementation Offices to be held accountable for environmental and social safeguards implementation and supervision.

Project start-up

2. Provide orientation and training to UPMO and PIOs project staff and consultants (including NGOs) on resettlement guidelines, screening, approval and implementation procedures.

About twice a year (or as needed)

UPMO Project Manager

3. Finalize screening, approval and implementation procedures.

Prior to preparation of

Project Operations

Plan

Designated staff to finalize: UPMO Director to approve

4. Screening of designs for construction and rehabilitation of office buildings, training facilities (see checklist for environmental impact): a. Review designs for impact on affected

people due to land acquisition and/or impact on property, assets and business;

b. Approve designs if there are no negative social impacts;

c. If designs are not approved, request for redesign or alternative plans or for specific mitigation measures and re-submit;

d. Conduct 2nd review of re-submitted designs and so on.

When designs are submitted to the UPMO for approval

UPMO and PIO Env & Social Safeguards Officer

5. Prepare abbreviated resettlement plan for displaced persons, if required. It should include: a. A census survey of displaced

households, valuation of assets affected;

b. Detailed information on amount of compensation and other assistance to be provided to the displaced households;

c. Documentation of meetings conducted with displaced persons;

d. Organizational responsibility for plan execution and the mechanisms for grievance resolution;

e. Implementation plan which can include budget and sources of funds for

When designs are returned by UPMO for further action.

PIOs Env & Social Safeguards Officers to be assisted by UPMO Env & Social Safeguards Officer

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compensation; and f. Institutional arrangements for

monitoring plan implementation. 6. After satisfactory payment of compensation

and other assistance, request no objection from the World Bank for award of contract f civil works under each sub-project for office spaces and related facilities.

When UPMO Env & Social Safeguards Officer informs Project Manager that all actions have been fully complied with.

UPMO Project Manager

7. Monitoring of social impacts and preparation of short report for Project Management Team. (A standard format can be developed for this report.)

Based on Project plan of action

Implementing Units’ Monitoring & Evaluation Unit


Based on Project action plan

UPMO Monitoring & Evaluation Unit

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3A: Policy Framework on Potential Displacement of Poor Land Claimants Due to Enforcement of Land Mortgages

Key Points:

1. Though LTAP supports the use of farmland as collateral, it shall not, as a policy, cause the displacement of poor land occupants from their mortgaged farmlands with the issuance of land titles.

2. In recognition of the need, however, for the enforcement of mortgages to encourage lending institutions to accept the use of farmland as collateral, LTAP shall support other arrangements which can meet the needs of both the mortgagor and the mortgagee.

3. To ensure that the land titling process will not lead to the displacement of poor land occupants due to enforcement of land mortgage, LTAP shall pursue the following general principles and procedures on mortgaged lands: a. The mortgagor shall remain to be the rightful owner of the mortgaged

land, and will be listed by LTAP as the rightful land claimant; thus, LTAP will not recognize any document which will show the transfer of land ownership from a poor mortgagor to mortgagee for the purpose of recovering debt;

b. The land titling instrument (i.e. Free Patent) shall be issued in the name of the mortgagor, as the land claimant; and

c. LTAP shall enter into Memoes of Agreement with local government units and concerned government agencies to provide poor owners of mortgaged lands with access to information that can improve the productivity of their lands.

3B: Procedures on Mortgaged Lands

Procedures on Mortgaged Lands When Who 1. Provide orientation to UPMO and PIUs staff,

especially Systematic Adjudication Teams, and consultants (including LGUs and NGOs) on LTAPI policies, guidelines and procedures on mortgaged lands of poor land claimants.

Project start up, then twice a y ear or as needed

Executive Director to assign Chief of Social Development Unit

2. Finalize implementation procedures Project start-up

Executive Director to assign Chief of Social Development Unit

3. Gather data on mortgaged lands in the Project sites.

Upon entry of Project in the community

Social Development Teams of Implementing Units

4. Conduct consultations in the communities on LAMP II policies, guidelines and procedures on mortgaged lands of poor land claimants.

After data on mortgaged lands have been gathered and


33

before land adjudication process

5. Conduct consultations with Local Poverty Reduction Action Officer (LPRAO) of LGU, concerned government agencies and civil society organizations in the Project sites on necessary support services to poor land claimants in Project sites, and enter into partnership for a convergence approach to poverty reduction in the communities.

Based on Project Plan of Action


6. Meetings with LPRAO to ensure that LPRAO assumes the role of partnership coordinator and for the LGU to acct as the secretariat of the convergence mechanism for poverty reduction in the communities.


Manager of Project Implementation Units and Chief of Social Development Unit

7. Monitoring of social impacts and preparation of short report for Project Management Team. (A standard format can be developed for this report.)


Implementing Units’ Monitoring & Evaluation Unit



UPMO Monitoring and Evaluation Unit

34

4. Indigenous People Policy Framework

Key Points 1. The Indigenous communities policy framework will ensure that IPs are

informed, meaningfully consulted and mobilized to participate in Project activities which may affect them, positively or negatively.

2. The policy framework deliberately requires the Project to ensure that: a. indigenous communities benefit from the Project; and that b. potentially adverse effects on indigenous minorities caused by Project

activities are avoided or mitigated.

3. The policy framework is also guided by the GOP Constitution and the Republic Act 8371, otherwise known as the Indigenous People Rights Act of 1997.

4. The Project will certainly interact with IP communities, as it conducts further studies which will provide policy guidance for laws formulation and procedures for land titling and management activities in indigenous communities. Initially, the proposed activities which ascertain contacts with IP communities are: a. delineating areas for non-forest uses and defining the permanent forest

estate; and b. title and boundary issues in Indigenous Peoples Lands.

5. The Guidelines for conducting meaningful consultation are outlined as follows:

� Field-based investigation and the process of obtaining the Free and Prior Informed Consent (FPIC) shall take into consideration the primary and customary practices of consensus-building, and shall conform to Section 14 (Mandatory Activities for Free and Prior Informed Consent) of the National Commission of Indigenous Peoples (NCIP) Administrative Order No. 3, series of 2002.

� LTAP should deploy competent Project partners who can relate/ communicate well with the IPs.

� All presentations to IPs must be conducted in their native language. � All interactions with communities must be documented; with copies of

documentation furnished the provincial PIO and the regional Project Implementation units, and the IP Tribal leaders.

� Where Project activities will pose adverse impacts on the social, economic, political and cultural lives of these communities, IPs must be informed of their rights to compensation. Compensation for land and other assets to be affected will follow the Project’s policy on Compensation, Rehabilitation and Resettlement.

� Action plans must be drawn, with IP participation, to monitor and evaluate mitigation measures for perceived negative impacts and delivery of compensation commitments.

6. To ensure compliance by concerned Project stakeholders to the Guidelines,

the Policy Framework requires that the following mechanisms and processes be implemented: ¾ National Commission on Indigenous Peoples (NCIP) and/or IP

representatives are deliberately included in the various inter-agency committees at different levels of the Project, where Project locations indicate presence of IP communities.

¾ Community profiling activities will include IP groups, if they are present in the Project target sites, even if they are not the dominant population.

35

¾ Supervision visits by the Project offices concerned shall include NCIP and/or IP representatives.

¾ Supportive monitoring visits will be done regularly by the concerned Project Implementation Office, with NCIP and/or IP representatives, to: o verify whether the guidelines for meaningful consultations with IP

population are followed; o validate whether funds for compensation (if applicable) are provided

in a timely manner and that the amounts released are sufficient for their purposes; and

o determine whether agreements with IPs in previous meetings have been implemented as committed.

¾ Documentation of all meetings, assemblies and other gatherings involving IP communities will be done by the relevant Project Implementing Unit.

7. The Framework defines the process for settlement of grievance/complaints as

follows: o as a first step, all complaints and grievances must be discussed in the

specific IP community where the Project activities are being implemented. The local leadership of the Barangay Council, together with the legitimate/recognized Tribal leaders of the affected areas, will be tasked to facilitate public hearings and negotiations to provide resolutions to the grievance filed.

o Where necessary, an outside arbiter, preferably from the NCIP or the Office of Southern cultural Communities (OSCC) for Mindanao ARMM areas, will be invited to participate in the resolution of the grievance.

o If negotiations stall, or if the IP communities disagree with the solutions or options offered during the negotiations, the IP group can elevate the issue to the Provincial Implementation Office of the Project.

o Should resolutions recommended by the Project Provincial Implementing Unit be totally unacceptable to the IP community concerned, the concern is elevated by the concerned IP group to the Regional Implementation Office of the Project, which can elevate the problem to the National Unified Project Management office, if the problem still remains unresolved at their level.

o The Office of the Secretary of the Implementing Agency is the last resort for conflict resolution.

Note that the offices of the National Commission on Indigenous Peoples at various levels are always provided copies of the IP communications, to facilitate resolution of the problems with their assistance, at the lowest level possible.

36

5A: Gender Mainstreaming Policy Framework

Key Points 1. As policy, the Project shall ensure that it contributes to the achievement of

gender equity and equality in land titling, administration and management.

2. LTAP will continue its work for women and men’s equal right to become land title holders, equal access to land information and land administration services, equal opportunity to participate in land administration, and equitable benefit from land resources.

3. LTAP shall pursue the following general principles and objectives on gender mainstreaming:

a. Ensuring the gender sensitivity and gender responsiveness of LTAP laws and policies that will be enacted through the advocacy of LAMP;

b. Conduct of pre-project, during and post-project gender relations in Project sites;

c. Active participation of women and men in LTAP activities, such as policy reform advocacy, mapping and surveying, adjudication, land titling, land records management and others. As much as possible, percentages of women and men in these Project activities will be targeted within the range of 30-70%;

d. Conduct of capability and capacity building activities (i.e. gender sensitivity, gender mainstreaming, alternative dispute resolution processes, transformational leadership skills, etc) to enable women and men to actively and effectively participate in Project activities;

e. Avoidance of gender stereotyping (i.e. linguistic and visual biases and assigning of roles based on gender stereotypes) in the internal and external operations of LTAP, to include even the Project’s Information, Education and Communication (IEC) materials;

f. Ensuring women and men’s equal opportunity to apply for land titles, equal opportunity to won land titles, and equal opportunity to participate in decision-making processes related to their lands. LTAP shall ensure the installation of mechanisms for these purposes, including procedures to place conjugal land properties in the names of both spouses;

g. Development of sex-disaggregated national land records database system to easily monitor the extent of gender gap in land administration and;

h. Ensure that at least five percent of LTAP budget, as mandated by Section 27 of the 2003 General Appropriation Act and Local Budget Memorandum 2003-42 of the Department of Budget and Management are directly and/or indirectly used for Gender and Development (GAD) in LAMP.

4. To ensure compliance with the principles and objectives set forth in this Policy

Framework, the following mechanisms and processes will be operationalized during Project implementation: � Designation of a Gender Focal Team at the UPMO and Provincial PIU

levels; � Integration of gender mainstreaming tasks in the terms of reference of all

units, staff and technical advisers of LAMP II, and the installation of mechanisms for the monitoring and evaluation of effectiveness of performance; and

� Partnership with the Women Sectoral council of the National Anti-Poverty

37

Commission (NAPC), civil organizations with gender and development program, and with the National Commission the Role of Filipino Women (NCRFW) for the monitoring and evaluation of the extent of integration of gender in the policies and operations of LTAP.

5B: Gender Mainstreaming Procedures

Gender Mainstreaming Procedures

When Who

1. Integrate gender in the Project Logical Framework

Project Design stage of LTAP

LTAP Designing Team and Steering Committee

2. Integration of gender in the Project Strategic Plan and Policy Reform Agenda

Before Project implementation

Executive Director, Project Implementation Management Units

3. Provide orientation and training to UPMO and PIU staff and consultants (including LGUs, NGOs and civil society) on gender mainstreaming principles and procedures.


Executive Director to assign Chief of HRD

4. Integration of gender in the Project Operational Plans of the UPMO and PIOs

Project start up Chiefs of all units of UPMO and PIOs

5. Allocation of at least 5% of the Project Budget for activities that will directly and indirectly contribute to Gender and Development (GAD) goals.

Project start up Executive Director, Chiefs of Planning and Support Services Units

6. Assigning of the Chiefs of HRD Units and the Chiefs of Social Development Units of the UPMO and PIOs as Gender Focal Persons for internal operations and external operations, respectively, of LTAP.

Project start up Executive Director

7. Integration of gender in the HRD, organizational and operational policies of UPMO and PIOs.


Project Management, HRD

8. Monitoring of gender outputs and impacts and preparation of short report for Project Management Team. (A standard format can be developed for this report).

Pre-project, mid-project (at least twice a year) and post-project

Gender Focal Persons and Implementing Units’ Monitoring and Evaluation Unit


Based on Project Action Plan


38

6A. Policy Framework for the Participation of the Basic Sectors

Key Points 1. In defining the principles and objectives for the participation of the basic

sectors in LTAP is guided by the government’s program for poverty reduction, which is the Kapit Bisig Laban sa Kahirapan (KALAHI). The implementing arm of KALAHI is the National Anti-Poverty Commission (NAPC), a structure created in pursuance with RA 8425 as a partnership mechanism of government and the basic or marginalized sectors for participatory multi-sectoral designing and implementation of social reform and poverty alleviation programs. KALAHI has five core strategic thrusts: � Asset reform (land security and access to productive resources); � Human development services (continued and expanded access to basic

social and human development services); � Livelihood and employment opportunities (capital and credit/

microfinance, production, technology, markets and basic infrastructure for poor communities and job facilitation/placement);

� Social protection and security from violence (social safety nets, social insurance, and peace-building/conflict resolution; and

� Participation of the basic poor sectors in policy setting and programs.

2. Guided by the five core strategies for poverty reduction of the KALAHI Program, LTAP defines principles and objectives of the Participation of the Basic Sectors in LAMP II to be the following:

a) Integration in the core thrusts or purposes of its land adjudication, land registration, land record management, and land valuation processes systematization the acceleration of urban and rural land reform;

b) Facilitation of the collaborative and empowering participation of the basic sectors in defining the land administration policy reform agenda and the development, implementation, monitoring and evaluation of LTAP at the national and local government unit levels (i.e. regional, provincial and municipal levels);

c) Networking with concerned government agencies (e.g. DAR, DENR-CARP Secretariat, Department of Agriculture, Department of Social Welfare and Development, and others), local government units, civil society organizations and private organizations for necessary post-titling socio-economic, social and human development services for poor land occupants and poor tillers – both land titleholders and leaseholders – in Project sites;

d) Installation of effective systems for the resolution of grievances and disputes arising from or related to the implementation of LTAP in the communities.

3. To facilitate participation of the basic sectors in LAMP II, the UPMO shall coordinate with the basic sectors counterpart of the National Anti-Poverty Commission (NAPC) and major networks of civil society organizations at the national level, and with the Regional KALAHI Convergence Groups (RKCG) and Regional Development Councils at the regional level. At the provincial and municipal levels, the Project Implementing Units shall coordinate with representatives of the basic sectors in the Local Development Councils and with networks of civil society organizations in their respective areas.

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6B. Procedures for the Participation of Basic Sectors

Procedures When Who 1. UPMO and PIOs to designate the Chiefs of

their Social Development Units as Project liaison officers to network with basic sectors at the national and local levels.

Project start- up

Executive Director, PIU management

2. Provide orientation and training to UPMO and PIO staff and consultants (including LGUs, NGOs and civil society) on LTAP policy framework and procedures for participation of the basic sectors in LTAP.


Executive Director to assign Chiefs of Social Development Units

3. Meetings with representatives of national networks of basic sectors (i.e. NAPC Basic Sectors and other networks of civil society organizations) to discuss context, principles and mechanisms for people’s participation in LTAP.


UPMO Social Development Unit

4. Meetings with representatives of local networks of basic sectors to discuss context, principles and mechanisms for people’s participation in LTAP.


UPMO Social Development Unit

5. Meetings with the Local Poverty Reduction Action Officers (LPRAO) of LGUs on the inclusion of LTAP Titling Program into the Poverty Reduction Action Program of the municipality and on measures to make LTAP contribute to LRAP.


PIO Social Development Unit

6. Meetings with other government agencies and civil society organizations on coordination of activities and convergence of programs for poverty reduction. This can be done through the Regional KALAHI Convergence Groups (RKCG) or other multi- stakeholders mechanisms in the regions, provinces and municipalities.


PIO Social Development Unit

7. Monitoring of contribution of LTAP to local poverty reduction and preparation of short report for Project Management Team. (A standard format can be develop for this report.)


Implementing Units’ Monitoring and Evaluation Unit




land administration and management project ii...

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