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Re-examining User Rights in the Philippines: Selected Cases in Panay

FAO Tenure and User Rights in Fisheries









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    Presentation
    Whose Tenure or Users Right - Community and Individual: The case of two river estuarine communities in Ghana
    FAO Tenure and User Rights in Fisheries
    2018
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    Article
    Asserting ancestral domain rights on benefit sharing in power generation: The case of Sibuyan Mangyan Tagabukid in Sibuyan Island, Romblon, Philippines
    XV World Forestry Congress, 2-6 May 2022
    2022
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    In early 2000, the Romblon Electric Cooperative/Cantingas Mini-Hydro Power Corporation (ROMELCO/CHPC) set up a run-off-river hydropower with 900-kW installed facility within the ancestral domain of the Sibuyan Mangyan Tagabukid (SMT) in Sibuyan Island, Romblon without seeking a proper free and prior informed consent (FPIC). SMT is formally organized in 1993 as the Asosasyon ng Tribong Sibuyan Mangyan Tagabukid (ATSMT) who fought the ROMELCO/CHPC through metalegal and legal means asserting their rights over their ancestral domains. This paper documents the struggles of the Sibuyan Mangyan Tagabukid, the lessons learned in asserting their IP rights, particularly the continuing challenge in obtaining royalty from ROMELCO/CHPC, together with support groups like the Foundation for the Philippine Environment (FPE) and other partners. This is an excellent case study where the continuing growth and maturity of an IP organization is highlighted as it seeks to empower itself and assert their rights over their ancestral domain. The paper concludes with key lessons in mainstreaming ICCs/IPs participation in environmental governance, particularly in terms of benefits sharing in the power sector. The lessons include IP mobilization, capacity-building, engagement in advocacy and policy reforms as the IP group navigates through the contested realm of national laws (e.g. Indigenous Peoples Rights Act, Electric Power Industry Reform Act), among others. Keywords: Ancestral Domain, Hydropower, IP Rights, Benefit Sharing, FPIC, Royalty, Environmental Governance ID: 3621345
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    Territorial use rights and economic efficiency: the case of the Philippine fishing concessions 1992
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    This paper discusses the mechanics and implications of municipal concessions in the Philippines which govern the use of municipal waters for fish corrals, oyster culture beds and gathering of milkfish fry. These concessions or territorial use rights are awarded annually by the resource owner (the municipality) to the highest bidder. In the case of milkfish fry gathering, the concessionaire assumes monopsonist rights of first purchase from fry gatherers. The implications of this system for econom ic efficiency and equity are discussed theoretically with supporting data from milkfish fry concessions in Antique Province. It is concluded that the system increases economic efficiency in resource use and generates significant income for municipalities which they can then redistribute as they see fit, and therefore not necessarily for the special benefit of fishermen.

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