title: Recognising property rights : the key to integrating indigenous peoples in protected area management in the Philippines
Creators: name: Cardinoza, Marlon M
Publisher: name: The Australian National University
Year: 1999
Subjects: subject: QH77.P6C37 1999
subject: Natural areas ManagementPhilippines
subject: Indigenous peoples Land tenure Philippines
subject: Eminent domain Philippines
subject: Biodiversity conservation Philippines

description: A basic issue confronting contemporary biodiversity conservation is the presence of people in Protected Areas (PAs) and their surroundings. For effective biodiversity conservation, the diverse interests of people in PAs must be unified and satisfied as much as possible. This requires, where appropriate, that Indigenous Peoples (JP) be fully integrated into PA management. This study identifies three main elements in such integration: recognising property rights of IP; ensuring the full exercise of these rights through proper governance; and establishing policies that enhance sustainable use of resources. These three elements are inextricably interlinked. They are here examined with reference to three sites in the Philippines: Mt Kitanglad Range Natural Park in the Province of Bukidnon; Bataan National Park in the Province of Bataan; and Subic Forest in the Provinces of Bataan and Zambales. The results show that the recognition of IP property rights has become the dominant issue in these PAs. Failure of PA governance to recognise IP property rights and to consider such rights in the formulation and implementation of sustainable use policies has caused conflicts. The search for solutions to property rights issues has dominated the efforts and activities of PA governance. As a result, conservation measures conducted through the implementation of sustainable use policies have been neglected. They have also been undernuned because of lack of support from IP. PA governance, as a 1nechanism for achieving both biodiversity conservation and IP property rights preservation, has_ not been successfully implemented. It has failed to recognise IP property rights because of: unbalanced and inadequate representation of IP in PA governance; inadequate measures to encourage a form of IP participation that would also secure their property rights; legal issues which delay processing of IP property rights claims; lack of understanding of the applicable laws on the recognition of IP property rights; indecisiveness of PA governance; and political reasons. In particular, the failure to recognise IP property rights has rendered the implementation of sustainable use policies and practices in the PA ineffective. Ineffective biodiversity conservation has occurred because of failure to: incorporate IP perspectives in formulating and implementing sustainable use policies; enhance IP participation; establish clear arrangements for carrying out sustainable use policies; and establish livelihood programs to provide safety nets in the implementation of sustainable use policies. The formulation and implementation of sustainable use policies has not secured IP property rights because the rights of user groups have not been clearly specified. IP property rights claims have thus not been processed and IP have been excluded from PA management planning and zoning. In addition, IP human needs have not been met. This arises from lack of consideration of IP's sustainable use practices and the non-implementation of livelihood progra1ns. Current failures in integrating IP in PA management provide important lessons for improving the present situation. This thesis concludes by offering a policy framework which incorporates these experiences. This includes an outline of an appropriate policy process, and suggestions for improving the integration of IP into PA management.