Sunday, August 30, 2009

Squatting, ancestral lands highlight Baguio centennial

LETTERS FROM THE AGNO
March L. Fianza

On Tuesday, the chartered city of Baguio celebrates its centennial anniversary. It will be like any ordinary day for a majority, a holiday that will be received well by businessmen and revelers, while some will just shrug it off like nothing important is happening.

The latter refers to descendants of an ethno-linguistic tribe who, after more than a hundred years later, continue to fight for their lands that they inherited from their ancestors.

The problem lies in the fact that there is a need for someone who can guide them through a correct process. The absence of such is one of the reasons why each family ancestral land claimant has to fight on its own.

Meanwhile, migrants from all over continue to enter every available space, legally or otherwise, whether or not the government issues a Townsite Sale Application or TSA over the lot. Today at 100 years, the city is about to burst at the seams because it accepts more people than it can carry.

Ancestral lands, squatting and TSAs are three issues that are interconnected. And persons I have talked to agree that if one of these problems is seriously attended to, solutions to the other two could be found – easily as a sunset.

But it is also public knowledge that these are problems that city hall avoids all the time. In the case of ancestral lands in the city, I see officials who refuse to believe that there are still legitimate claims inside Baguio . Worst of all, they conceal the truth about some genuine ancestral land claims in the city.

They have legitimate reasons to do so. Ancestral lands and the ever-increasing number of squatters in the barangays are sensitive matters that politicians hate to touch as they prepare to win elections that come every three years.

Fine, there are certain “squatters,” including occupants of centuries-old ancestral lands that were brought to court and were issued demolition orders but these acts further aggravate things and do not bring peace of mind between the politicians and the “illegal” land occupant.

Prosecuting a select few and loosening the grip around a greater number of violators would not solve the squatting problem as a whole. And with an undetermined number of squatters spread all over Baguio, I bet my last centavo, city hall would not haul all of them to court nor issue demolition orders to all.

What else? When talking about the number of votes, there are more squatters and TSA applicants than ancestral land owners. In fact, all of the city’s 128 barangays are infested with squatters composed of the rich, poor, even public officials and their relatives.
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In his visit to the city two weeks ago, Senator Biazon said LGUs are equipped with powers to protect their communities from future decay, but in the same token he asked “are they using these powers?” Hopefully, our officials have the will and power to attend to the issues as the city enters a new century.

But there are requirements to seeking solutions to these problems. One city councilor suggested that complete information on ancestral land claims, a list of all squatters and all TSA holders in the city be recorded in all honesty by an independent body.

The truth hurts so that naturally, those whose names are in the list would fear that the records might spill out. But what matters is that the complete information is already there. After all information has been gathered, the city and all parties involved can now begin talking.

In the meantime, the independent body could forget about revealing the list to the public to avoid wounding people’s feelings. It is also expected that public officials would not be as enthusiastic as to telling the public who are in the squatters’ list because they themselves, if not their relatives, may be involved.
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Ancestral land rights advocate Zenaida Hamada-Pawid, more popularly known to me as Manang Brigs, also came up with possible solutions to the ancestral lands problem which she listed as “requests” that may be granted by our officials. These are the following.

One, “disabuse the minds of the city officials, residents that there are no ancestral lands in Baguio .” Second, “through the Lands and Urban Development Committee cause the creation of a Technical Working Group to document, collate and prepare situation reports of ancestral land claims as registered, assisted, processed and approved by their respective offices from 1990-2009.”

Third, “for the TWG to prepare a comprehensive briefing portfolio, with proper documentation for submission and consideration by the City Council in aid of legislation.” Fourth, “Through the Association of Barangay Councils, with the joint assistance Council Committee on Lands to convene a working conference of all ancestral land claimants, notified by barangay, to consolidate and validate the status of their ancestral land claims.”

She further mentioned about the creation of barangay arbitration boards and a city arbitration board to resolve conflicts of claims in furtherance of the IPRA.

Last, Manang Brigs’ list said “on the basis of requests one to fourth, pass immediate and appropriate legislation to put in place a definitive processing of all ancestral land claims in the city and harmonize these claims with the various sectoral needs and priorities of all stakeholders in the spirit and intent of the IPRA.”

A process similar to this could also be crafted to answer other equally important issues such as squatting, townsite relocation, and the basura problem that need to be resolved as the city enters a new period.

Certain solutions to the three problems came up in recent talks with people at city hall. One suggestion was to finish all lot surveys in the barangays; second, completely stop TSA issuances but those already filed would continue to be processed; third, ask the squatters to relocate themselves as the lands they are occupying are needed by the government; fourth, respect genuine ancestral land claims.

Let us hope these would be acceptable to all stakeholders, especially the city council which I believed all the time were the true representatives of the people.

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