SD 304: Social Development Policy Analysis and Advocacy

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SD 304: Social Development Policy Analysis and Advocacy

ADVOCACY PLAN
Development-Induced Displacement:
The Community-Led Partnership Approach for a Gender Responsive Resettlement
Milagrosa O. Pasion-Asuncion

I. Problem Situation: Development-Induced Displacement

In the era of globalization, the issues of development, displacement, and rehabilitation vis-àvis
local communities have acquired a special significance (Sahoo & Mishra, 2016). Each year,
(from 2011-2020) an estimated 20 million people are forcibly displaced by development projects
(Cernea and Maldonado, 2018, 1), and a growing body of literature (e.g. Drèze, Samson, and
Singh, 1997; Chatty and Colchester, 2002; Levien, 2013; Neef and Singer, 2015; Cernea and
Maldonado, 2018) addresses land acquisition and the resulting development-induced
displacement and resettlement (Hagen & Minter, 2020).

Development-induced displacement and resettlement (DIDR) occurs when people are forced to
leave their homes in a development-driven form of forced migration. Causes or categories of
development-induced displacement includes water supply (dams, reservoirs, irrigation); urban
infrastructure; transportation (roads, highways, canals); energy (mining, power plants, oil
exploration and extraction, pipelines); agricultural expansion; parks and forest reserves; and
population redistribution schemes (Cernea, 1999).

NIA facilitates the construction of dam and pertinent structure in order to develop an irrigation
system for agriculture water supply. These activities tend to acquire for right-of-way to give way
for the construction of irrigation facilities (Photo 1 and 2).
SD 304: Social Development Policy Analysis and Advocacy

Photo 1. Balungao Small Reservoir Irrigation Project in Lupao, Nueva Ecija Dam Facility Construction

Photo 2. Affected Structures at the proposed reservoir area of Tyabanan Small Reservoir Irrigation Project in Negros
Occidental

According to Ashtana (2012), development-induced displacement has brought about a profound


economic and sociocultural disruption to the victims of displaced communities. Displacement
deprives people from many things (Sahoo & Mishra, 2016). It takes away their homes, lands,
productive assets, familiar places in which their skills and practices are attuned, community
networks, and a sense of local belonging, among other things.
SD 304: Social Development Policy Analysis and Advocacy

In the context of development projects, gender becomes especially significant for several
reasons – gender and class/ race-based division of labour and distribution of property and
power structure – people’s interactions with nature and in the process structure effects of
environmental change on people and their responses to it (Agarwal, 1996).

Men and women are affected differently by physical dislocation (Turner 2000; Giles et al. 2003;
Gururaja 2000; Mehta 2002; Brun 2000). While forced displacement affects both men and
women, women experience displacement and relocation in a particularly gendered way. This
process of economic and social dislocation could, and often does, exacerbate existing gender
disparities and inequalities (ADB, 2003). Several studies discuss and elaborate the impact of
displacement on vulnerable communities like women and children in ways that require an
evaluation beyond monetary loss of land (Colson 1999; Thukral 1996; Parsuram 1993;
Srinivasan 1997; World Bank 1994, 2001).

The fact that women are disproportionately affected by displacement and relocation is lacking
in policy-related guidelines for Project Affected People (Asthana, 2012).

II. Problem Identification: Ungendered Resettlement

During displacement, families are often separated, assets and livelihoods are lost or disrupted,
and language barriers, legal constraints and discrimination may arise.  The nature of these
impacts, and barriers and opportunities, may well differ between women and men.  But
development policies and programs are often designed without taking these gendered factors
and differences into account, and also often fail to monitor how outcomes and impacts vary
between men and women, girls and boys.

Gender issues in Displacement and Resettlement (Asuncion, 2022)


- Economic and social dislocation often exacerbate existing gender inequalities
- Lack of land ownership and property rights denies women access to compensation
- Restoration of livelihood and income is equally important to women and men
o Loss of access to traditional sources of livelihood increases women’s
dependence on men
o Women’s low levels of education limit their options
SD 304: Social Development Policy Analysis and Advocacy

- Women’s burden for providing water and fuel may increase


- Restricted mobility reduces women’s ability to adjust
- Nutritional status of women is lower than men’s; mortality and morbidity are higher
- Gender-based violence increases with economic and social stress

Cited from Asuncion (2022), the implications of displacement of women and gender issue were
not recognized anywhere while formulating resettlement and rehabilitation plans (Asthana,
2012). In a number of cases, the program appears to be sound on paper but fails to deliver
when put into practice.

Some governments still consider only male household heads to be legal landowners, denying
women compensation for drowned properties and increasing pre-existing gender inequities.
Governments do not reward indigenous women who have access to land but do not own it.
Women, in addition to incurring more negative consequences as a result of dams, do not
generally experience the same benefits as men, such as increased employment prospects
(Aird, 2001).

Government agencies/private businesses as proponents are obligated to comply to the funding


institution’s resettlement requirements as part of the grant agreement. However, everything is
contextualized by their own lens of understanding and viewpoint. Gender issues should be
addressed in the context of the affected people – and the gender perspectives.

Based on the analysis of gender mainstreaming in the context of resettlement in the Philippines,
Asuncion (2022) discusses that fully government-funded development initiatives, on the other
hand, go far beyond gender mainstreaming in displacement and resettlement activities. Apart
from the lack of a standardized resettlement framework that takes gender into account, there is
no specific mechanism in place for project implementers to adhere to these issues if they are
not covered by any funding organizations.

Despite good policies, implementation and adherence to gender equality laws and policy
frameworks remain weak (ADB, 2014). There is enough data and evidence available to confirm
that laws, policies and practices as well as the discourses around forced displacement and
resettlement suffer from an intrinsic gender bias (Institute of Development Studies and
ActionAid, 2002; Asuncion, 2022).
SD 304: Social Development Policy Analysis and Advocacy

III. Past Actions: The NIA Resettlement Experience

Laws that address eminent domain, compensation, responsible parties, and public information,
consultation and grievance procedures adopted for irrigation projects are as follows (Asuncion,
2022):

The Bill of Rights of the Article II, Section 10: The State shall promote social justice
Constitution of the in all phases of development
Philippines (1987) Article II, Section 11: The State values of every human
person and guarantees full respect for human rights.
Article III, Section I: No person shall be deprived of life,
liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
Article III, Section 9: Private property shall not be taken for
public use without just compensation.
Executive Order No. 1035 “Providing for the Procedures and Guidelines for the
Expeditious Acquisition by the Government of Private Real
Properties or Rights Thereon for Infrastructure and Other
Government Development Projects” outlines the due
process for acquisition of private properties or right-of-way
(ROW) thereon for infrastructure and other development
projects.
Agrarian Reform Code It is stated that for agricultural lessee who have perpetual
lease on the land, states that: “when the land is acquired for
a public purpose by a Government department, the
agricultural leasee shall be entitled to a disturbance
compensation equivalent to five times (5X) the average
gross harvests on his land holding during the last five
preceding calendar years” (Section 36.1 of RA # 3844, as
amended by Section 7 of RA # 6389 dated September 10,
1971).
Section 4 of RA # 6389 declares also that agricultural share
tenancy throughout the country as “share tenancy shall
SD 304: Social Development Policy Analysis and Advocacy

automatically be converted to agricultural leasehold upon


the affectivity of this section”. As a result, all agricultural
leasee/tenants covered by the Agrarian Reform Code are
entitled to the equivalent of five (5) years gross harvest for
the land being acquired from them.
R.A 9700 An Act Specific provisions of this RA relevant to the Project include
Strengthening the Section 26 (as Amended) discusses Payment of the CARP
Agrarian Reform Program Beneficiaries; Sec 27: Transferability of Awarded Land; and
and Amending some of Sec 17 on the Determination of Just Payment.
the provisions of RA 6657

Executive Order No. 228 states that when payment is made for agricultural land
(July 1987) acquired by the government, “the landowner is exempt from
capital gains tax on the compensation paid to him”. In
addition, registration fees, transfer taxes, documentary
stamps, and notarial fees will be paid by the Executing
Agency. Unless the landowner seeks the assistance of the
Agency, deductions for past taxes and other liabilities will
not be made from compensation payable by the Agency.
Presidential Decree No. rules that no court can issue restraining orders or
1818 (1981) preliminary injunctions in cases involving infrastructure and
mineral resource development projects of the government.
Memorandum Order No. contains the feature where if other options fail, expropriation
65 (1983) can take place and that the value given by the appraisal
committee can serve as a guide for negotiation.
RA No. 7279: Urban Embodied in this act are provisions for Modes of Land
Development and Housing Acquisition, Participation of Beneficiaries in decision
act of 1992 making, and provision of a Resettlement site and livelihood
programs for affected families.
RA 6389 an act amending Sec 7: in the event that the landholding is declared suited
RA 3844 known as the for residential, commercial, industrial, or some other urban
Agricultural Land Reform purposes, the agricultural lessee shall be entitled to
Code (CARL) disturbances compensation equivalent to five times the
average of the gross harvest on his landholdings during the
SD 304: Social Development Policy Analysis and Advocacy

last five preceding calendar years


Republic Act 7160 (1991), allows the local government units to exercise the power of
“The "Local Government eminent domain for public use.
Code"

Republic Act 6389 (1971) describes disturbance compensation equivalent to five


times the average of the gross harvests on landholding
during the last five preceding calendar years.
The Harmonized Gender
Provide a common set of analytical concepts and tools
and Development
for integrating gender concerns into development
Guidelines (2007) – RA
programs and projects; and help achieve gender equity
7192
in, and empower women through, projects and
programs. 1

In terms of internal policy, the National Irrigation Administration has no institutionalized


resettlement policy and only deals with this concern based on the policies of international
funding institutions such as World Bank (WB), Asian Development Bank (ADB), Japan Bank of
International Cooperation (JBIC), Japan International Cooperation Agency (JICA), International
Finance Corporation (IFC), Korea International Cooperation Agency (KOICA) and Exim Bank
(Asuncion, 2022). On the other hand, the Philippine Policy on Right-of-Way Acquisition
(Republic Act 10752 of 2016) is used for legal concerns relating to property displacement and
acquisition for government-funded irrigation projects.

Like some of the government’s infrastructure projects, gender gaps were distinguished
considering the resettlement process undertaken. Asuncion (2022) identified the case study of
of particular irrigation project (Bayabas SRIP) several gender gaps from Pre-relocation phase to
relocation phase, and to post relocation phase.

IV. On-going Initiatives

The Harmonized Gender and Development Guidelines (2007)

1
Based on the policies adopted for irrigation development
SD 304: Social Development Policy Analysis and Advocacy

RA 7192 provides the legal mandate for involving women in development (see sidebar). An
additional mandate comes from the Philippine Plan for Gender-Responsive Development
(PPGD), which envisions a society that promotes gender equality and women’s empowerment
and upholds human rights, among other development goals. It also commits the Philippine
government to addressing issues of poverty, violence against women and other abuses of
women’s human rights, and the continuing invisibility of women in public affairs.

Another document, the Framework Plan for Women focuses on women’s economic
empowerment, the protection and fulfillment of women’s human rights, and the promotion of
SD 304: Social Development Policy Analysis and Advocacy

gender-responsive governance. The Philippine government has adopted gender mainstreaming


as its principal strategy for pursuing these goals.

Excerpts from the Implementing Rules and Regulations of RA 7192 (Rule 1, Section 2)
“The State recognizes the role of women in nation building and shall ensure the fundamental
equality before the law of women and men. The State shall provide women rights and
opportunities equal to that of men. “To attain the foregoing policy:
a. A substantial portion of official development assistance funds received from foreign
governments and multilateral agencies and organizations shall be set aside and
utilized by the agencies concerned to support programs and activities for women . . .
b. All government departments shall ensure that women benefit equally and participate
directly in the development programs and projects of said department, specifically
those funded by official foreign development assistance ...
c. All government departments and agencies shall review and revise all their
regulations... to remove gender bias therein.”

NIA has examined a number of approaches to increase displacement and resettlement efforts,
but these were insufficient without taking into account the project's long-term impact on women.
Gender concerns are still disregarded in the development and implementation of projects.

V. Alternative: Advocacy Plan

The goal of this Advocacy Plan is to create a community-led partnership for a gender-
responsive resettlement framework to strengthen the gender gaps as well as incorporate
important considerations from the PAPs' perspectives through their experiences and
aspirations. This effort intends to address the vulnerabilities of women and men as a result of
development-induced displacement, such as irrigation, and to reinforce the Agency's
commitment to ending gender disparity and inequality in the displacement and resettlement
process and increase their participation during resettlement. The involvement of affected
persons and communities in the relocation process will be intensified in order to incorporate
their specific needs and guarantee that gender dimensions are taken into account.

The advantages of an empowered community supported by the implementing agency will


demonstrate a commendable team effort which will tackle the measures in mitigating impacts of
SD 304: Social Development Policy Analysis and Advocacy

displacement and gender gaps in the resettlement process through the collective efforts of the
community and the implementing agency. This policy advocacy will highlight the merits of a
community-led partnership approach to displacement and housing development for achieving
sustainable development as well as the alleviation of gender disparities in a development
context.

Photo 3. Community partnership in the formulation of resettlement plan for the proposed irrigation project in Lanao
del Norte

Specific goals are as follows:

1. To develop a community led partnership resettlement policy integrating gender


equality into legislative frameworks within the organization. Roles between the
implementing agency and the community will be clearly laid out for effective
implementation of the policy.
2. To mobilize and capacitate community in facilitating resettlement process supported
by the implementing agency. This will include facilitation of pre-relocation to post
relocation processes.

VI. Framework, Strategies and Activities

The framework in developing a gender responsive resettlement policy in NIA will be a


community-led resettlement planning. It will integrate strategies to improved community
processes during resettlement incorporating gender dimension for each phase of
resettlement.
SD 304: Social Development Policy Analysis and Advocacy

Community led Partnership


R
E
S
E
T Community
T
L
E
Perspectives Capacitation Impact Sustainability
M
E Implementing Agency
N
T
P
O
L
I Gender Responsive
C
Y

Figure 1. Community-led Partnership Approach for a Gender Responsive Resettlement

Community led partnership will begin by transforming the perspectives of both citizens and
government representatives from seeing people being displaced as “subjects / project affected
people” to “change agents” and rights-bearing, active citizens. This involves facilitation that is
preceded by a thorough gender analysis and actively intervenes to strengthen women and girls'
voices and agency while changing discriminatory attitudes and behaviors that have held them
back.

Strategies and Activities


Priorities Action Partners Time Frame
Community led • Lobbying to the NIA NIA (CO 6-12 months
Partnership for a Management on the and
Gender Responsive- Policy Formulation RIO/IMO)
Resettlement Policy • Coordination to PCW
Framework RIO/IMO on crafting of NHA
SD 304: Social Development Policy Analysis and Advocacy

Policy Framework PAPs


• Conduct of
Stakeholder
Consultation
• Formulation of a
Gender Responsive-
Resettlement Policy
Framework
• Review and Approval
by the NIA
Management and
Board of the Policy
Framework
• Institutionalization of
the Policy Framework
through NIA
Memorandum Circular
Community • Leadership Community 6 months
mobilization and NIA
• Governance
Capacitation • Skills
• Group Formation
• Linkages
SD 304: Social Development Policy Analysis and Advocacy

VII. References

Sahoo, D. & Mishra, N. 2016. Development-Induced Displacement and Gender Injustice:Some


Critical Reflections. Journal of Politics & Governance, Vol. 5 No. 4, December 2016, Pp. 19-29
ISSN: 2278473X

Cernea, M. 1999, “Why Economic Analysis is Essential to Resettlement: A Sociologist’s View.”


In Michael Cernea (ed) The Economics of Involuntary Resettlement: Questions and Challenges
(Washington, DC: World Bank)

Turner, S. 2000. Vindicating Masculinity: The Fate of Promoting Gender Equality. Forced
Migration Review. 9. pp. 8–9.

Giles, W., M. de Alwis, E. Klein, N. Silva, and M. Korac, eds. 2003. Feminists under Fire:
Exchanges across War Zones. Toronto: Between the Lines.

Gururaja, S. 2000. Gender Dimensions of Displacement. Forced Migration Review. 9. pp. 13–
16.

Mehta, L. 2002. The Double Bind: A Gender Analysis of Forced Displacement and
Resettlement. Paper presented at the Engendering Resettlement Policies and Programmes
Conference in Delhi, India. 12–13 September.

Brun, C. 2000. Making Young Displaced Men Visible. Forced Migration Review. 9. pp. 10–12.

Cernea, M. M., and J. K. Maldonado, eds. 2018. Challenging the prevailing paradigm of


displacement and resettlement: Risks, impoverishment, legacies, solutions. New
York: Routledge. 

Chatty, D., and M. Colchester, eds. 2002. Conservation and mobile indigenous peoples:


Displacement, forced settlement, and sustainable development. New York: Berghahn Books.

Drèze, J., M. Samson, and S. Singh. 1997. The dam and the nation: Displacement and


resettlement in the Narmada Valley. Delhi: Oxford University Press.
SD 304: Social Development Policy Analysis and Advocacy

Levien, M. 2013. Regimes of dispossession: From steel towns to Special Economic


Zones. Development and Change 44(2):381–407. doi:10.1111/dech.12012. 

Hagen, R. V. & Minter, T. 2020. Displacement in the Name of Development. How Indigenous
Rights Legislation Fails to Protect Philippine Hunter-Gatherers, Society & Natural Resources,
33:1, 65-82, DOI: 10.1080/08941920.2019.1677970

The Movement for Community Led Development Framework (n.d). Retrieved from
https://mcld.org/analytic-framework/

Neef, A., and J. Singer. 2015. Development-induced displacement in Asia: Conflicts, risks, and


resilience. Development in Practice 25(5):601–11. doi:10.1080/09614524.2015.1052374.

Colson, E (1999): Engendering Those Uprooted by “Development” in D Indra (ed.), Engendering


Forced Migration: Theory and Practice (Oxford: Refugee Studies Program

Thukral, E. 1996. "Development, Displacement and Rehabilitation: Locating Gender", Economic


& Political Weekly, Vol 31, No 24, 1500-03.

Parasuram, S. 1993. Impact or Displacement by Development Projects on Women in India", ISS


Working Paper Series No 159, Institute of So- cial Studies, The Hague.

Srinivasan, B. 1997. In Defense of the Future (Mumbai: Vikas Adhyayan Kendra)

World Bank (1994): Resettlement and Development: The Bank-wide Review of Projects
Involving Involuntary Resettlement 1986-1993, Environment Department Paper, World Bank,
Washington DC.

- (2001) : Operational Policy on Involuntary Reset- tlement OP 4.12 Involuntary Resettlement,


Envi- ronment Department, World Bank, Washing- ton DC.

Asuncion, M. 2022. Development-Induced Displacement in the Philippines through a Gendered


Lens Perspective: The Case of Bayabas Small Irrigation Project (SRIP). SD 301 Term Paper.
SD 304: Social Development Policy Analysis and Advocacy

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