Confl ict Management

and

Forest Communities
in the Philippines
A Manual for Peoples Organizations

Prepared by:
Marvin Joseph F. Montefrio
Associate Professor
Political Science Department
De La Salle University
In collaboration with:
Isabelita Austria
Luz Maria Lansigan
Community Based Forest Management Section
Bureau of Forestry
Department of Environment and Natural Resources

A project supported by the International Tropical Timber Organization (ITTO)

The conflict management approaches and the presentation of

material in this manual do not imply the expression of any
opinion whatsoever on the part of De La Salle University or
the Department of Environment and Natural Resources
concerning the legal or development status of any country,
territory, city or area or of its authorities, or concerning the
delimitation of its frontiers or boundaries.

All rights reserved. Reproduction and dissemination of material in this information

product for training or other non-commercial purposes are authorized without any
prior written permission from the copyright holders provided the source is fully
acknowledged. Reproduction of material in this information product for resale or
other commercial purposes is prohibited without written permission of the
copyright holders.

Contents
Chapter 1 Introduction

Chapter 2 Conflict in Forest Communities

What is Land Encroachment and Conflict?

The Case of Forest Communities in the Philippines

Chapter 3 Conflict Analysis

Exploring Causes of Conflict

15

Land Encroachment and Conflict in the Philippines

XX

Chapter 4 Conflict Management

What is land encroachment and conflict?

12

Land encroachment and conflict in the Philippines

XX

Chapter 5 Conclusion
What is land encroachment and conflict?

12

Land encroachment and conflict in the Philippines

XX

References

Conflict is the beginnng of consciousness

M. Esther Harding

Chapter 1

Introduction
Pambungad

et us begin with a story of our visit to a community in Western

Philippines, here we name Inarawan. The day started early for us in
our first night at Inarawan. At around five in the morning, the
crowing of cocks accompanied the sound of footsteps on dry soil, of

soft chattering, and of the swirling of spoons in coffee mugs. Although we are used
to these sounds in the early mornings in rural Philippines, what was particularly
distinct in this community is the heavy traffic of people coming in and out of the
dirt road that leads to the mangrove forest. There were those marching out with
their empty nets and flashlights, while others were just returning from the forest
with their prize catch of blue crabs, shrimps and lapu lapu from a whole night of
vigil in the mangrove forest. The bustle of the fisherfolk community early that
morning reminded us of how mangrove forests remain the lifeblood of many
Filipinos in rural communities.
It was also that day how we were also reminded of the continual challenges
that rural Filipinos face in their everyday lives. Early that morning we were invited
to join a group of fishermen to explore the mangrove forest. At the end of the busy
dirt road was the mouth of a river where Inarawan fisherfolks park and launch
their pump and paddle boats. Distinctly right next to it was a bund with fences and
with what appeared to be a sizeable fish pond. Immediately, one of the fishermen
said, thats owned by a powerful family. It used to be small, but the next thing we
knew they already converted so much of the mangrove forest into fish pond. It

was later that morning that we learned more about the expansive fish pond and
how that became a story of land encroachment, conflict, and environmental
destruction. It was also that same day that we begun to wonder: Are there many
other forest communities in the Philippines that suffer the same fate as Inarawan?
How are these communities handling the situation? What can we do about it?

Cartoon of forest with fence and with smallholders outside scratching their heads.

These questions then led to a research project and the creation of this
manual. As will be discussed in the next chapter, the research we conducted
uncovered the realities of conflict in many forest communities we studied and how
cases like Inarawan are prevalent in the country. The cases we studied differ from
one community to another. Some involve conflict over a few to several tens of
hectares of forest land. There are cases of not just conflict with certain individuals
and familites, but also private companies, government officials, and even
neighboring communities. Some cases are violent, implicating the use of arms and
resulting in harms and death of community members, while others were resolved
peacefully. Whatever the situation of the cases we observed and whatever we
learned from the communities we studied, there are insights we see useful in not

just understanding the nature of conflict, but also in helping us find ways of
dealing with conflict in forest communities. The learning we derived from the
cases we studied then help us prepare a manual, which can be used by forest
communities like you in dealing with your own land encroachment and conflict
situations.
The purpose of this manual is to introduce you to the following:
The general current situation of land encroachment and conflict in forest
communities in the Philippines;
What we mean and how we understand land encroachment and conflict;
The various ways by which forest communities in the Philippines handle
conflict situations;
Ways in which we can further understand the conflict situation in our
own communities; and
Ways in which we can possibly manage and deal with the conflict
situations we are currently facing;
As what we have learned in our own research and from what was already
learned from studies elsewhere, conflict is a very complex situation to understand
and manage. Therefore, this manual does not give you prescriptions on what you
should do given your situation. It also does not assure you that you will be able to
effectively resolve conflict situations in your community after reading and
following recommendation in this manual. What we hope to achieve in this manual
is to give you basic knowledge of and quick reference on how you can become
more aware of your communitys situation and to help you begin exploring
possible solutions to your problems. Hence, the purpose of this manual is not to
turn you into conflict management experts and to resolve and prevent all other land

encroachment and conflict situations in the future. The purpose, really, is to

provide initial capacity building for many Peoples Organizations (POs) throughout
the country who may not have any idea of what to do when they encounter such an
issue. Hopefully this would translate to greater learning in the future and somehow
help minimize land encroachment and conflict cases in forest communities
throughout the country.
There are five chapters in this manual. The second chapter will present to
you basic information about land encroachment and conflict in the Philippines.
This is followed by a chapter (Chapter 3) to guide us on how we analyze conflict.
The analysis of conflict is necessary for us to know possible strategies and next
steps to managing our conflict issues. Chapter 4 then presents us with the possible
strategies that forest communities can employ in managing land encroachments
and conflict. A summary is given in Chapter 5 to remind us of the key points that
we learned from the entire manual. You should also take note that this manual is
written in two main sections: one in English and another in Tagalog. This would
allow you to refer to this manual with your preferred language. We hope that in the
future we will be able to translate the manual to other languages in the Philippines.
If and when your organization and community experience land
encroachment and conflict, we would like you to take a step-by-step approach in
making a decision and doing appropriate actions. Please go through the Steps to
Consider in the next page for guidance.
We hope that you will learn a lot from this manual and that it would help
you in handling conflict cases in the future. Please do not hesistate to contact us
should you have specific questions with regards to the topics discussed in the
manual. We wish all the best for your organization and your community.
Maraming salamat po!

Steps to Consider

Step 1

Read the whole manual.

Step 2

Do the conflict analysis.

Step 3

Inform authorities about your situation.

Step 4

Build networks with allies.

Step 5

Communicate with the other party.

Step 6

Discuss conflict management approaches.

Step 7

Inform authorities about your next steps.

Step 8

Carry on with your first strategy.

The manual contains many information that might be useful for you to think
through the situation. We suggest you read it first before making any move
or decisions to manage the conflict.

Meet as a group and do the conflict analysis (Chapter 3), as it would help
your group make more sense of the complex situation. It is an important step
before coming up with a conflict management strategy.

After doing the analysis, prepare a letter and inform the relevant authorities
(such as the Barangay, CENRO, PENRO, DENR Regional or National
Offices) regarding your situation.

Start contacting potential allies (such as NGOs, media, church, government

officials, and other communities) who might be able to help you cope with
this situation.

Attempt to communicate with the individuals and groups encroaching in the

land you are managing to gather more information and hopefully hopefully
encourage consensual approaches to managing conflict.

Together with your allies, start discussing and prioritizing the conflict
management approach (Chapter 4) you will be taking.

Only if it would not affect your success in handling the situation, prepare a
letter and inform relevant government offices of your plans.

As soon as your plans and priorities are clear, go ahead and implement your
strategy in the soonest possible time. Depending on the results of your first
move, go back to Step 6 to reevaluate strategies and repeat process until you
are satisfied with the improvements in the situation.

Chapter 2

Conflict in Forest Communities

Alitan sa mga Komunidad sa Kagubatan

efore we begin talking about how to analyze and manage conflict,

we need to understand first what conflict is and how this manifests
in forest communities. While conflict exists in many forms and
because of many reasons, here we focus on the case of conflict

brought about by land encroachment. Land encroachment often entails

disagreements between at least two interests, one imposing his, her or their right to
own and develop a particular parcel of land over that of another individual or
group. Such disagreements may result in many ends, such as exclusion of forest
communities from access to land and the natural resources therein, and worse
leading to cases of violence and harms.
In this chapter, we will introduce the following:
the fundamentals of conflict particularly in the context of land
encroachment in community and community-based forest management;
an overview of the state of land encroachment, conflict and conflict
management

in

many

forest

communities

involving

peoples

organizations in the Philippines.

What is Land Encroachment and Conflict?

Land encroachment is something that occurs in many parts of the world, not just in
the Philippines. In the forest community setting, such occurrence is also common

given that there are potentially many factors that motivate an individual or a group
to have a claim over a particular piece of land. In most cases, such reasons include
economic and livelihood interests, given that forests hold numerous resources,
such as productive soil, timber, wildlife, and minerals. Other reasons can also be
social, cultural or political, laying claims over land because of, for example,
traditional beliefs or particular interests to hold some control over places and
people. In any circumstance, land encroachment causes the exclusion of particular
individuals and groups from access to land and natural resources. If one individual
or group suddenly makes claims and occupies a particular area owned, managed
and used by someone else, then that someone may eventually lose access to that
land. In efforts to regain back control over land, conflict may then arise.
It is tempting to think that since many of us have experienced conflict due to
land encroachment that we sufficiently know what conflict is. However, many of
us still have misconceptions about conflict and we continue to underestimate the
effects and impacts of it. Conflict is pervasive in any setting in the Philippines,
even in communities in remote parts of the country. It usually arises over
disagreements of access, tenure, control and distribution of lands and the natural
resources therein. It erupts within and among forest communities, between
communities and government units and agencies, and with local and foreign
private companies and even non-government organizations. Any forest community
can experience conflict regardless of how small and remote they are, and whether
they own tenure and have the authority over a specific jurisdiction.
There are many dimensions in a particular conflict. Therefore, it is important
for us to be aware that conflict is complex and usually involves multiple events and
disputes between two or more parties. As they involve multiple events, they also
reflect a sequence of cause and effects that involve multiple actors, various
resources and decisions. Conflicts can take place in local social, political, cultural

and economic systems, and are also connected to wider political, economic and
social realities and concerns outside the forest communities of concern. Finally,
conflicts are also dynamic, changing from one form to another and increase or
decrease in intensity.

There are several stages of conflict, depending on its intensity. It may start as
a potential threat, where it still lies as latent but tensions are already building. It
then becomes emerging when the conflict becomes increasingly apparent over
time. It may emerge gradually or rapidly. As the differences between various actors
intensify, conflict becomes manifest where it can no longer be avoided anymore. At
this stage, the conflict becomes a full-scale issue in the public. When a conflict
remains unmanaged for a long time, especially when it involves violence, it
becomes much worse and may eventually become intractable. Intractable conflicts
are usually perceived as destructive, deep-rooted, highly complex, very costly,
enduring and very difficult to resolve. Some scholars would even identify
intractable conflicts as already impossible to resolve or manage. What is

emphasized then is that conflicts should be dealt with in the soonest possible time,
provided that thoughtful strategizing and planning have been carried out, before
they become full-scale and intractable. Moreover, the approach and timing of
interventions depends on the stage of conflict. Early interventions are usually more
effective, inexpensive and less time-consuming than those carried out later on.

Short comic about an example of the stages of conflict as it transitions from one to another.

Conflict is always deemed as something that is bad that needs to be

avoided and minimized. Indeed, especially in cases of land encroachment, the
occurrence of conflict can inflict harms and constraints on community members
livelihood access. And if conflict is ignored and allowed to escalate, it can result in
further harms, erosion of social relations in the community, and degradation of
natural resources. However, in spite of its negative meanings, conflict should also
be undertood as a normal part of everyday life. In many ways, conflict can also be
a necessary condition for communities to grow and prosper. It helps communities
and other actors become aware of inequalities, unacceptable impacts and harms,
possible obstacles to development, and hindrances to asserting rights and interests.
It focuses the attention and encourage calls for necessary action to resolve the
problems. In the process of managing conflict, various community members and

actors can also be brought together to act towards a unified cause, strengthening
and improving communication, organization and relationships within communities.
Hence, conflict can then be perceived as a constructive force for forest
communities, if managed properly.

The Case of Forest Communities in the Philippines

In 2012-2014 we conducted a research project to examine cases of conflict in
forest communities in the Philippines. This study was based on a survey of 125
peoples organizations and in-depth interviews and focus group discussion with
representatives of POs and national, regional and provincial forestry officials
engaged in community-based forest management in the country. A survey form
was administered during major CBFMA events at the national and regional levels.
Some of the forms were also sent directly to regional CBFMA officers and were
returned within two to three months. We also made observations in a number of
consultation meetings and workshops with POs conducted in various locations in
the Philippines. In many instances, cases of land encroachment and conflict were
discussed in these events.
Based on our study, it was apparent how the extent of conflict in forest
communities in the Philippines is widespread. At least half of the POs we surveyed
said that they experience conflict in various stages that involve land and natural
resource disputes. It is possible that this number could be higher, as many POs are
either embarassed or afraid to report cases of land encroachment and conflict they
experience in their communities. More than 1800 POs are officially registered
under the CBFM program in the Philippines, and a significant number of them are
considered inactive. Although uncertain, it is possible that the inactive ones are
situated in communities that experience significant levels of land encroachment
and conflict.

Focus Group Discussion with representatives from several peoples organizations

in Central Visayas region in 2013. (Photo by author)

Land encroachment ranges from less than 1 hectare to a few hundreds, with
the usual around 20 hectares per community. Encroachment manifests in several
ways, such as conversion of forestland into other development uses and the
erection of physical assets the purpose of which is to establish claim over a
particular parcel of land. For example, one out of four POs alleged that significant
areas in their jurisdiction have been converted to mining and fishpond facilities.
One out of three POs reported that the encroachment was done in the form of
building of houses where the new occupants (or designated representatives of the
occupants) live. On the other hand, one out of four POs reported encroachers
planting crops and placing livestock (e.g. carabao and goats) within the property.
During interviews, many PO representatives have observed how crops and
livestock are used as claims over land. One out of ten have experienced being

denied access to areas in the forestlands they manage due to the placement of
fences and barriers around the encroached area.
Land encroachment and conflict indeed significantly affect forest
communitys access to natural resources and livelihood. Again more than half of
the POs surveyed specifically mentioned that the conflict situation they experience
has an effect on their ability to access natural resources, which in most cases are
vital to their livelihood and welfare. Conflict has directly affected some
communities due to large-scale conversion of forestlands into other forms of
development, such as mining and fishpond operations. In a number of POs we
interviewed, for example, tens of hectares of mangrove forest have been converted
into private fishponds. Not only do these fishponds directly deprive forest
community members access to potentially large areas of source of food and other
forest products, but the presence of these fishponds also affect the quality of nearby
environs, which then ultimately affect overall fish harvest in the community. This
is also true in the case of mining operations. According to some PO representatives
we interviewed, mining not only converts second growth forests and fallow lands
used for production and harvest of subsistence food (e.g. rice, sweet potato, and
cassava) and other products as source of livelihood (e.g. bamboo, resin, wild
animals, and fruits from the forest.) There are also cases where there is no land
conversion yet, but access to particular sections of forestlands has been limited by
physical barriers (example fences) and the presence of security forces. This then
adds pressure to community members who need to access land for livestock
grazing, gathering of non-timber forest products, or swidden cultivation.

Encroachers vary in type and scale. Most cases, about four out of five POs,
reported the involvement of individuals and families in land encroachment and
conflict. Many of these individuals and families are smallholder farmers coming
from other communities, while some are wealthy and powerful coming from city

centers. The powerful individuals and families usually have sizeable monetary
resources and political connections that contribute to their success in acquiring
land and dominating conflict situations within these forest communities. One out
of five POs, on the other hand, reported the involvement of government officials
(at various levels, usually from the local to the provincial) in these encroachment
and conflict cases. About one out of ten report local and foreign private companies
instead. Close to about half of the reported cases involve the use of armed men
(particularly security forces with guns) in the process of encroachment.
The strategy of POs have also been varied as well. One out of three POs
choose to avoid the conflict situation, while less than half choose to confront and
attempt to talk to the encroachers. Only one out of three POs eventually ask for
help from individuals and groups outside their community. For those who asked
help, a little more than half of the POs surveyed have approached various
government agencies, such as the regional and provincial offices of DENR. About
two out of five seek the assistance of local government units, while one of three
approach non-government organizations. Very few have mentioned that they
approach and ask for the assistance of the media. Finally, for those who reported
cases of encroachment and conflict in their community, only half claim that their
conflict management approach have worked, while about one out of five are
unsure.

Important Points to Remember

Conflicts are part of everyday life, especially in forest communities;

Conflicts are not always a bad thing. If managed well, they can also do
communities good in the long run;

However, if conflicts are avoided and neglected, they might just get worse
in the future;

Land encroachment and conflict is widespread in forest communities in

the Philippines, and they usually involve individuals, families, private
companies and government officials;

These cases have affected the access of forest communities to natural

resources for livelihood;

Many would rather not report and admit that they do not know what to do
in times of conflict crises;

There are still many communities who choose not to seek assistance from
individuals and groups outside their own respective community;

These trends can be problematic and indicate weak capacity of POs to

handle cases of land encroachment and conflict. Guidance is therefore
needed.

Chapter 3

Conflict Analysis
Pagsusuri ng Alitan

n important step in dealing with conflict is to analyze it. Doing

conflict analysis will help us understand a conflict situation better,
clarify the issue, and inform us on how best to act. In many cases,
affected forest communities act too quickly without stopping for a

while to discuss and make sense of the issue. This may lead to decisions and
actions that may worsen the conflict. Understandably, being in a conflict situation
can be emotional and aggravating and it is easy to be carried away and
immediately start resolving the issue on our own or worse striking back and getting
even. Remember it is always helpful to stop for a while, cool down, think and
make sense of the situation. This chapter of the manual will help us do this.
In this chapter, we will examine the two main elements of conflict analysis:
the causes and history of conflict; and the actors involved. These two main
elements should be analyzed in this sequence:
Exploring causes of conflict. This is an inquiry on how the conflict
started and for how long it has been going on. It also an attempt to
understand the extent of the conflict and in what stage it has reached;
Analyzing actors. In this part of the inquiry, we identify the individuals
and groups who are directly and indirectly involved in the conflict and
why they are involved. The characteristics of these individuals and
groups (power, interests, relationships, motivations and culture) are also

determined. This is also an opportunity to identify the individuals and

groups who need to or could be involved in managing the conflict;

Exploring Causes of Conflict

Cases of conflict occur through and usually originates from a series of events.
Unfortuantely, in the wake of high emotions and aggravation, it is common for us
to get confused with our recollection and understanding of these events. There is
then a tendency to falsely reconstruct the events and to just push all the blame to
the other party. It is then important for us to to recall as carefully as we can the
origins and causes of the conflict situation. Thinking about the timeline of events is
important, as it reduces the seeming complexity of the conflict situation. It also
helps us identify the actors that became involved in particular moments in the
timeline. Knowing the causes and origins, on the other hand, help us minimize and
better yet prevent future cases of conflict.
To begin the analysis of conflict, it is good for your group to first define
clearly what you think the conflict situation is all about and how it started. An
approach is to break down the entire situation into smaller elements of conflict
causes and events, which can then be examined in more detail. In the case of land
encroachment, it is always easy to say that the primary cause is simply the offense
of the trespasser. However, the analysis should also trace the ultimate reasons that
allowed the individuals and groups to encroach in your area of responsibility. Your
group should attempt to answer some of these questions:
Why did these individuals and groups encroached in our forest area?
What are their motivations for doing so?
What circumstances allowed for these individuals and groups to encroach
in your area of responsibility? Do you have legal jurisdiction, authority or

rights over the forest land? Did they achieve this with the help of
outsiders and/or members of your own community? Were there mistakes
on your part that allowed for this situation to happen?
Were there problems with the relationship between your group and the
encroacher that most likely led to the current conflict situation? What
started these relationship problems?
Were there decisions on the part of the national, provincial or local
government that allowed for the encroachment and conflict situation to
happen?
The task for your group of figuring out the history and origins of forest land
encroachment and conflict can be time consuming and challenging. Most likely
there are many causes involved and many views and perceptions about the
importance of each cause. Moreover, the causes of encroachment and conflicts may
be rooted in your communitys everyday social, economic, cultural and political
life. Yet, it is crucial to work towards an understanding of how to address the
conflict appropriately.
What your group needs to do first is to set up to meet together to begin to
outline the series of events related to the land encroachment and conflict issue you
are facing. A useful approach is to map the causes and sequence of events
leading to the current conflict in a conflict timeline. This exercise can improve
your groups understanding of the important connections among events that seem
to appear isolated and unrelated in the beginning. For example, what first seems to
be an outright case of encroachment of an outsider may be driven by underlying
inequalities or decisions made by distant individuals and groups, without the
knowledge of affected communities. Government policies and private sector

decisions at higher levels of governance and national development goals or plans

may appear immaterial to your communitys day-to-day forest management. But
more often than not, these factors may instigate and worsen local-level land
conflicts. Another example is when incidences in the past associated with changes
in your organization or major shifts in the social and cultural make-up of your
community may in fact provide some explanation as to why certain individuals and
groups outside your community were able to trespass and acquire portions of your
forestlands. A change in your organizations leadership could explain a weakening
of forest management and governance in your community, leading to lax
monitoring of boundaries. The influx of migrants from nearby municipalities and
provinces could also explain confusion in land rights and responsibilities and the
growing number of cases of selling of land rights and fake titles.
An example of a conflict timeline is provided below. The map details the
important events that happened related to the encroachment and land conflict issue
in a chronological manner. It is encouraged that your group goes as far back as
possible to events they feel are still relevant. Just like in the sample conflict
timeline, events pertaining to the beginning of the alleged selling of fake land
rights and the inactivity of the PO leadership were included to help trace the roots
of the problem.
It is also important for your group to verify perceptions, facts and all
information related to the encroachment and conflict situation as you prepare
the conflict timeline. It is good practice to speak with various members of your
community to verify initial stories and perceptions you hear from a smaller number
of individuals. It would also be good to capture the accounts of older members of
the community who still have memory of events that happened a long time ago.
The best practice is to collect and file relevant documents that support the events
detailed in your conflict timeline. These documents may include, but not limited to,

relevant letters and other communications received or sent by your organization,

minutes of the meeting of the PO, transcripts and minutes of barangay meetings,
photographs of actual encroachment activities, media coverages, among others.
These documents should be filed properly and chronologically according to the
conflict timeline you constructed. We highly urge your PO to make copies of the
documents and to file them with different members of your group. This is to avoid
your important documents (possibly your strongest pieces of evidence) getting lost
or stolen.
Lastly, it is important for your group to carry out the mapping of the
conflict timeline in a participatory manner. This means that the group should
invite various members of the community, including local government and nongovernment organizations, to participate in the process of mapping. This
participatory process will allow various members of the community to explicitly
share their knowledge of events, their assumptions and their suspicions, all
potentially contributing to the verification of perceptions and information
regarding the conflict of concern. It is common that various members of your
community and the other actors involve would disagree on a single history of a
conflict. It is expected that there will have many interpretations of the origins and
immediate causes of the conflict. This could be because the members of your group
or community may have different recollections of facts, or of the sequence and
significance of events. This then stresses the need to obtain and understand the
range of local perspectives about a conflict. The objective of your group is to work
through the different perspectives with all actors, and eventually to identify which
histories, origins and causes are agreed on by the group, which need to be
investigated further before decisions on particular actions can be made.

Sample Conflict Timeline

Analyzing Actors
As a conflict becomes more clearly defined from the mapping of the timeline, your
group may begin to identify the range of actors involved in that particular conflict.
What is critical, however, is that aside from knowing who the important actors are,
your group should be able to analyze the relationships of those actors to the issues
and to one another. This section of the manual will guide you through the analysis
of actors, particularly addressing the following questions:

 Who are the actors, to what extent are they affected by the conflict, and
who is most affected and should be directly involved in managing the
conflict?
What are the actors interests and expectations?
What are the relative power and influence of the different actors on the
issues?
What are the relationships among actors and to what extent their interests
overlap with those of other individuals and groups?
How do these different actors possibly respond to the conflict?
What are the likely issues and challenges that actors will have in working
together?
What are the potential contributions of each group towards managing the
conflict?
This section will guide you step-by-step through questions that you need to
ask and answer as a group in order for you to analyze the actors involved in the
conflict situation. Towards the end of this section chapter, you will be guided as to
how to prepare a table to help you organize and synthesize your analysis.
Who are the actors?
A main objective of actor analysis is to determine which individuals and groups
need to be involved directly in actions to manage the conflict. The initial attempt to
the process of actor analysis often results in a long list of actors that are to some
degree affected or influenced by the outcome of a conflict. For practical reasons,
however, there is a need to make this list shorter to include only the most important
actors.

Your group might encounter some challenge in deciding the actors to be

included in your analysis. Some of you might have discussions and argument about
who to identify as the primary actors. It is then recommended that during the
participatory process your group should define and agree on criteria for identifying
the primary and secondary stakeholders. In the case of community forestry, you
may start with the following definitions and later on make adjustments as your
group sees fitting:
Primary actors are those who are most dependent on the resource and
most affected by the conflict (or the eventual management of the
conflict);
Secondary actors are those who are more indirectly or less affected by
the outcome of a conflict (or its management). It should be noted that
secondary actors can be important in assisting your group to gather and
analyze information, advance particular advocacies, act as facilitators or
mediators, and monitor and enforce agreements in conflict management.
What are their interests?
The next step after identifying the actors is to analyze each of their intersts.
Interests, however, can be difficult to determine as these are usually hidden behind
positions. In your analysis, it is then important to recognize the difference between
positions and interests. So how do they differ?
Positions are what people in a conflict say they want.
Interests refer to what people really need or fear and what motivates them.
Uncovering the interest and needs of individuals and groups is like peeling
an onion layer by layer. The outer most layer of the onion can be thought of as the

positions of the various opposing actors that is, what they say and do. The second
layer is their interests that is, what each actor actually wants to achieve from a
particular situation. Finally, at the center is every actors underlying motivations
that is, the needs that must be satisfied. Positions are usually more explicitly said,
but interests are is most cases unexpressed and inconsistent. Therefore,
distinguishing between the two and finding the underlying motivations or interests
of actors is often difficult. Actors often contend strongly at the level of positions,
but it is at the level of interests where possibilities for solving the issue can be
found. It is then crucial to find out the interests of each and every actor.
A strategy in examining interests is to always ask Why? Your group
should always keep asking Why? or Why not? until the list of interests
comprehensively covers both needs and fears. For example, to ask the underlying
interests behind land encroachment, you can begin asking the question, So, why
did they convert the land? Then ask deeper, Why did they acquire the land in the
first place?, Why did they just not get another land some place else?,Why this
they get this particular land? More questions of Why can be asked, as answers
slowly peel the onion layer by layer.

How powerful are they?

Another crucial question to ask is the power of each actor or the capacity of
every actor to achieve particular outcomes. Power then includes the ability of an
actor to make or prevent change. It is then important to determine the relative
power that different actors have in terms of influencing the direction or the success
of the management of a particular conflict situation. Conflict occurs because of
unequal power relations. When an outside group has greater power than your PO,

for example, that group may have more influence on the outcomes of the conflict
situation.
Crucial in understanding relative power is to determine the sources. Your
group then needs to analyze not just the relative power of each actor (example,
whether this actor is more powerful than you), but also the sources of the power of
that particular individual or group. Some of the sources of power include:
control of resources (whether this actor has monetary, land, and human
labor resources)
role in decision-making processes (whether this actor has control over key
decision-making, especially with respect to the conflict situation)
control of information (whether this actor holds particular information
crucial in the management of conflict)
leadership (whether this actor holds important leadership positions)
legal status and authority (whether this actor has legal standing over land
and resources, for example)
moral authority (whether this actor has the right to do something because of
moral grounds)
political connections (whether this actor has connections and close relations
with particular individuals holding political positions in the government)
How do they relate?
Actors have a number of different relationships that need to be considered in
understanding forest land encroachment and conflicts. It is recommended that your
group identifies the relationships to the resource base and the relationships between
and among actors. The relationships can be described as follows:

 relationship to the resource base rights, responsibilities and returns or

benefits gained from the forest resources;
relationship with each other allied, in partnership, in direct conflict, or
no distinct relation.
An actors power is largely associated with both sets of relationships. Rights
of access and control, and the benefits gained from the forest, for example, define
an actors roles and power in relation to forest management. POs in forest
communities, in general, have the right to use the land for their livelihood needs
and at the same time they have the responsibility to ensure that these lands are
managed sustainably and made secure from cases of encroachment. This then gives
the PO some power over this particular forest area.
Likewise, partnerships or alliances with other individuals, groups, and
networks can be an important bargaining or negotiating tool to demand for
particular conflict management arrangements. Such relationships can shape
particular outcomes, especially when the partnerships and alliances involve actors
with particularly useful sources of power. The combination of all the powers of
every actor in the alliance or network can have very favorable or detrimental
impacts on efforts to manage conflict. For example, POs allied with national and
international NGOs and church organizations build on the strengths and power of
these groups and therefore may increase chances of halting further land
encroachment. On the other hand, alliances between wealthy families, corporate
interests and influential politicians may hinder any efforts to address conflict
situations in favor of affected forest communities.

How would they possibly react?

In order for your group to have a better understanding of the actors willingness to
manage the conflict, it is important to analyze their possible responses to conflict.
People outside and even within forest communities may have various ways of
responding to conflicts. Although their specific strategies may vary, actors
generally employ the following ways of handling conflict: formal or informal,
violent or peaceful, equitable or inequitable.Some of the typical responses include:
use of force to obtain their interests over others
withdrawing from or avoiding conflict situations
accommodating the interest of others over their own interests
compromising and making sacrifices to arrive at a mutual agreement
collaborating to seek solutions for the gain of everyone
Other important considerations?
In forest communities, conflict situations often arise or are affected by issues such
as cultural diversity and religion. Differences in culture and religion (or the lack of
understanding of another groups culture or religion) are an important cause of
conflict. Culture also plays an important role in influencing the ways in which
different actors engage in and respond to conflict. Not only can there be significant
differences in the way actors think about their environments and livelihoods, but
spoken and written language, communication style, and assumptions about conflict
may also differ significantly.
A key challenge then is identifying and understanding the different cultural
and religious influences that stimulate conflicts. If your group fails to acknowledge
cultural and religious differences can significantly contribute to the difficulty of
managing conflict and achieving meaningful agreements among actors. Analyzing

conflict in a culturally sensitive manner and keeping in mind the role of culture in
community relations are crucial.
Preparing a table of analysis
It would be useful to organize your analysis of actors in a table. Below is a sample
of an actor analysis structured in table format which your group can follow.
Answer each of the questions corresponding to each actor involved in the conflict.
Make copies of the table and attached it together with your analysis of the causes
of conflict. These two documents then can be shared with your allies and be used
in your discussions of the possible next steps in managing the conflict.

Interest and
Position

Actor

Involvement

Who are the

actors
involved in
the conflict?

How are they

involved? Are
they primary
or secondary
actors?

What are their

positions and
interest in the
conflict?

PO

Primary actor.
Directly
affected by
encroachment
.

Private
fishing
company

Primary actor.
Main actor
encroaching

Position is to
make
encroacher
leave
community.
Interest is to
acquire back
lost resource
access.
Position is not
to leave
community.

Power

Approach

What are their

How would
sources of
they possibly
power? (e.g.
react? (by
control of
force,
monetary
avoidance,
resources,
accommodatio
decision-making n, compromise,
power, control of or
info, legal status, collaboration)
political
connections).
Example of Actor Analysis
PO has
Willing to
legitimacy over
compromise or
land and
collaborate
resource as
accorded by
CBFMA.

Company has
monetary
resources and

Might be
willing to
compromise or

Relationship to
Resource
What is the
relationship
with the land
and resources?
(rights,
responsibilities,
and returns
from land and
resources)

Has rights over

use of resources
in land. Has the
responsibility to
maintain
integrity of
borders. Highly
dependent on
resources.
Company has
no rights to
access. Has

Relati
to o
act
Who a
allied a
conflic
with?

Direct
conflic
fishpo
compa
Allied
local
govern
and NG

Direct
conflic
comm

in land.

Interest is to
extract
resources and
develop
community.

political
connections in
the municipality

accommodate

responsibility to
protect
mangroves.
Highly
dependent on
resources.

Allied
munic
govern

Important Points to Remember

Conflict analysis is important in understanding a conflict situation better,

clarifying the issue, and informing us on how best to act;

In doing conflict analysis, you need to discuss in a participatory manner

the causes of conflict and the actors involved;

In analyzing the causes of conflict, you need to map the sequence of

events in a conflict timeline;

Some of the questions to be answered in mapping the conflict timeline

include: Why did these actors encroached in your forest land? What
circumstances allowed for the encroachment to happen? Were there
problems with your relationship with the encroacher that led to the current
situation?

The information included in the timeline needs to be verified;

In analyzing actors, you need to answer the following questions and

structure them in a table: Who are the actors involved? What are their
positions and interests? How powerful are they? How do they relate with
each other? How would they possibly react to the conflict situation?

The conflict timeline and analysis of actors should be shared with all your
allies and be used in your discussions regarding next steps.

Chapter 4

Conflict Management
Pangangasiwa ng Alitan
Conflict management does not stop with a well-made analysis. As mentioned
above, the purpose of the analysis is to guide your group and your allies to start
thinking about the next ways to deal with the conflict situation. This chapter
introduces you to three various conflict management approaches and strategies:
customary, consensual, and non-consensual approaches. Each approach is
explained in detail below, as well as the advantages and disadvantages of each
approach. This chapter then provides POs with the basics of the following:
the possible responses and options that actors may consider in managing a
conflict situation;
the advantages and disadvantages of each of these possible responses and
options;
factors that affect the selection of a particular strategy;
approaches and tools that are useful in making decisions about which
direction to pursue.
Although this chapter presents the possible approaches to conflict
management, it does not dictate which response your group should undertake. It
only gives you ideas of what to pursue and it is up to you and your allies to figure
out which approach would best suit your situation. However, there are guidelines
that point to which approach would best fit or would not be ideal for a particular
situation.

People have various ways of responding to conflict. Some withdraw and

refuse to acknowledge the issue, while others choose to employ various strategies
to address it. When your group acknowledges the conflict situation and is willing
to address it, you may then consider accommodating the concerns and interests of
the other group, compromising, orworking together with the other party to manage
the conflict. The following are the different approaches to managing conflict:

Customary Approaches
Traditionally, many forest communities have developed customary means to
managing conflict, often times based on and informed by cultural beliefs and
practices. At present, such customary approaches are still present in indigenous
communities in the uplands. Sometimes referred to as traditional and local
approaches, such mechanisms for managing conflict are considered integral to
supporting the social and cultural integrity of forest communities. Because these
approaches are appropriate and sensitive to power dynamics and relations within
communities (such as kin relations and social and economic exchanges), they can
reinforce already existing community traditions that are normally essential in
maintaining local and indigenous identities. The strategies employed under this
approach include bargaining, exchange and compensation, which can play
important roles in moving towards consensus among affected parties.
Aside from maintaining social and cultural integrity, customary approaches
are generally more accessible to forest community members. Members are
comfortable with the language used in negotiations, and all affected parties have
more or the less the same access to resources. Although there are advantages to
doing customary approaches, forest communities also need to realize that these
conflict management practices are not perfect. Not all conflict situations are
resolved and that there is no assurance that the agreements will last for a long

period. Although traditional in nature, such approaches do not always ensure

fairness, especially concerning more marginalized groups within the community.
Also, customary approaches can be adopted only in cases where the conflict
situation takes place within particular cultural groups, involving parties of the same
ethnicity for example. These are not designed to manage conflicts involving
organizations or groups outside the forest communities, a situation that is common
in land encroachment cases and other forms of land-based community forestry
disputes. This is simply because the affected parties may have differing
understandings of what conflict management approach best addresses the given
situation. Difference in the use of language can also be an obstacle.
It is important to take note that customary approaches are not cultural
practices stuck in time. The local knowledge and practices informing these conflict
management approaches change over time in response to shifting social, cultural,
political and economic situations within the community. For example, migrants
from other parts of the country (from other provinces) move and reside in forest
communities that are traditionally inhabited by indigenous peoples. Sooner or later
upland smallholders intermarry and are formally educated, thus transforming social
relationships within forest communities. Younger and new members of the
community may no longer be in favor of traditional approaches, brought about by
beliefs they learn or bring in from outside the forest communities. Eventually, such
practices may evolve and transform into other forms that are more accommodating
to the diverse make up of beliefs and practices within the growing population.

Non-Consensual and Formal Approaches

There are types of conflict situations that are best addressed by non-consensual and
formal approaches that are usually facilitated by the legal system. Legal systems
are based on legislation, policy and regulatory and judicial administrative orders

from the national to the local government. There are republic acts that provide
legal standing for forest communities to have self-governance over their
jurisdictions. An example is the Indigenous Peoples Rights Act, which gives
indigenous peoples the rights to manage ancestral lands and domains.
Administrative agencies, such as the Department of Environment and Natural
Resources, for example, have specific administrative orders that provide forest
communities with certain rights over forest areas. A good example of this is the
Community Based Forest Management Agreement, which gives POs such as yours
the rights and responsibilities to manage tracts of forestlands. These instruments
provide forest communities with the legal standing to bring cases of land
encroachment to the courts.
The main strategies for addressing conflicts by means of non-consensual and
formal approaches are as follows:
Arbitration: the conflict situation is subjected to the assistance of a mutual
acceptable third party who makes the final decision for the competing
groups. The third party can be legal representatives or administrators of a
government unit;
Adjudication: the conflict situation is subjected to a dispute resolution
process presided over by a judge who has authority to enforce a decision
that all parties need to follow and respect. Often times, adjudication is done
through formal courts in the municipal and provincial levels.
These two legal-based strategies leave the decision and outcome of the
process to a designated and authorized third party (for example, a legal group in a
government unit or a court judge). In most cases, one party forces the other to be
subjected to the conflict management process through legal summons (that is,
being demanded to attend hearings).

A particular issue with formal approaches, particularly adjudication, is that

they can be inaccessible, inefficient and intimidating environments for
marginalized forest communities that may not have access to monetary resources
and formal education, or are located in remote locations. In order to participate in
an adjudication process, for example, a forest community needs to have legal
representation (or the service of a professional lawyer). Legal representation, of
course, requires large monetary resources or connections with lawyers or
individuals and groups associated with lawyers. Also, most courts and
administrative offices are located in city centers, thus requiring representatives of
forest communities to travel long distances and pay for the cost of transportation.
For many forest communities in the Philippines, these travels can really require a
significant amount of money and time away from otherwise opportunities to make
livelihood. Furthermore, the language of adjudication is usually conducted in
English and is highly technical, which can again be inaccessible to forest
communities like yours. More importantly, such processes are in general
confrontational, which often times result in a win-lose outcome.
Arbitration, on the other hand, can also be an expensive and intimidating
process. However, there are opportunities to conduct arbitration through the
Barangay Justice System (Katarungang Pambarangay), which will be discussed in
more detail below.
When your forest community engages in a process of arbitration or
adjudication, it is always helpful for your group to find access to free legal
services. NGOs and colleges and universities with law schools may offer free legal
services for marginalized groups, such as smallholder farmers and indigenous
peoples. For example, students from law schools in city centers organize these free
legal services. There are also NGOs that are specifically run by environmental and
human rights lawyers. We have encountered several cases of forest communities

that approached these NGOs or law school organizations to help them with conflict
management, especially if it begins to deal with adjudication. In many cases,
seeking assistance from these organizations has resulted in favorable outcomes. It
would then be useful for your group to find and inquire about the availability of
these services in your municipality or province.

Consensual and Informal Approaches

In many circumstances, non-consensual and formal approaches may not be
accessible and ideal in the case of land encroachments and disputes involving
forest communities. Hence, alternative conflict management (or consensual and
informal approaches) has been developed to addresses forest conflict situations
through a collaborative process. This strategy was developed, in part, as a means to
provide a lower-cost, flexible, efficient and participatory approach to managing
conflict. It is in many ways a response to the adversarial style of conflict
management offered by the legal systems described above. This strategy draws
from the conflict management approaches that some communities have long
adopted to addressing their disputes.
A collaborative approach is designed to help various actors involved in
conflict to reach mutually acceptable agreements. The goal is to come up with a
win-win situation, if possible, where all actors gain and their interests addressed. It
is expected that not all interests will be addressed, but arriving at an agreement
would ensure the commitment of all parties to sutain peace and cooperation among
affected actors.
The following are the objectives of a consensual and formal approach in a
forest community setting:

 to improve communication and sharing of information among affected

parties;
to analyze and address the root of the conflict situation through a voluntary
and collaborative approach;
to build the capability of forest communities to manage conflicts;and
to maximize the constructive potential of collaboration and limit the
destructive forces of future conflicts.
There are two main strategies in consensual and informal approach. These are:
Unassisted negotiation: This is a process wherein affected individuals and
groups meet face-to-face in a voluntary manner, without the presence of a
third party (mediator or facilitator) in order to reach a mutually acceptable
resolution of the conflict;
Assisted negotiation: This strategy can be in the form of conciliation,
facilitation or mediation. Conciliation is when a third party speaks with the
affected parties separately to reduce tensions and create an acceptable
process for resolving the conflict. Facilitation, on the other hand, takes
place when a facilitator supports a process of voluntary negotiation among
two or more groups. The facilitator focuses almost entirely on the process
and the logistics of bringing stakeholders to negotiations and ensuring that
stakeholders agree to and abide by the process. In this process, facilitators
rarely volunteer their own ideas on solutions or become involved in the
content of discussion. Finally, mediation, is a process where a third party
(the mediator), ensures that the different stakeholders agree on the process
and logistics. Unlike facilitators, mediators can have considerable influence
in in the shaping of the negotiations, as they are allowed to provide their
own views and suggest possible solutions. And unlike arbitrators or
adjudicators, both facilitators and mediators have no power to make a

decision on behalf of the parties. Their primary role is solely to support the
exchange of views and information among affected parties.
There are a number of conditions, however, that are needed to realize the
effectiveness of consensual and informal approaches. One is that the affected
individuals and groups should be committed to communicate with each other and
work out solutions through collaborative means. This would entail that the parties
should be open to discussion and joint learning. Another condition is the extent of
power differences among affected individuals and groups. Most cases of failed
consensual conflict management arise when only particular individuals and groups
have the power to influence the process and that the interests of more powerful
elite parties are given more attention. Other conditions include the following: the
willingness of all affected parties to acknowledge the conflict situation; the
availability of administrative and financial support to carry out the consensual
process; the availability of trained mediators and facilitators; and the urgency of
resolution given that consensual processes can take considerable amount of time.
As discussed below, aside from arbitration the Katarungang Pambarangay
can also be employed as a consensual approach through conciliation, facilitation
and mediation.

Barangay Justice System

It has become a formal policy in the Philippines to give barangays the mandate to
enforce peace and order and provide support for effective management of conflict.
The Barangay Justice System (Katarungang Pambarangay), then, is an alternative
venue for the resolution and management of disputes within the barangay system.
It employs a consensual approach, and to a certain extent non-consensual, to
address the conflict situation. The primary intent of the Barangay Justice System is

to speed up the administration of justice, minimize the filing and congestion of

cases in courts, promote amicable settlement of disputes at the community level,
and address community conflicts with the least amount of cost. The main strategy
of this system then is to search for a solution that is mutually acceptable to all
affected parties.
The system is composed of the Punong Barangay and the Lupon members
(community conciliators). They do not act as judges or adjudicators, but instead as
facilitators, conciliators, mediators, and to a certain extent arbitrators. It is then
important for all parties to be willing to participate and be present during the
process.
There have been many cases of land encroachment and conflict situations in
forest communities that were addressed through the Barangay Justice System. It is
then highly recommended that the conflict situation you experience be processed
first through this system. However, it has also been observed that not always does
the Barangay Justice System effectively address conflict. While there are many
successful cases, there are many unsuccessful ones as well. However, this does not
mean that it is an ineffective system. Conflict situations, as we described above,
can be very complex and may require differing approaches. If the Barangay Justice
System does not work, there are always other approaches to consider.
Not all conflict cases can be accommodated by the Barangay Justice System.
It should be noted that there are conditions that need to be met before the Punong
Barangay and the Lupon decide to intervene. The details of the system will no
longer be included in this manual. However, we encourage your group to approach
your barangay and other local government officials to learn more about the
Barangay Justice System.

What Conflict Management to Adopt

As emphasized above, your conflict situation may be unique and

therefore can be addressed in multiple ways. However, it is
always good practice to attempt to use the customary and
consensual approaches first before adopting the non-consensual
approach. Hence, it is recommended that your group should try to
resolve the conflict issue through the Barangay Justice System
and other consensual processes with the help of your allies. If the
customary and consensual approach proved to be inappropriate
and ineffective, then the last resource should be the nonconsensual and formal approaches. But in any case, as explained
below, it is always best to approach conflict management with a
network of allies.

Building Networks
Networks are crucial in conflict management. As we observed from our studies,
successful cases of conflict management almost always involve allies that help
forest communities go through consensual and non-consensual means of dispute
resolution. As already discussed above, your network of allies may involve NGOs,
government officials and agencies, church, media and other communities that may
have extensive connections with lawyers, facilitators, conciliators and mediators.
They may also have the professional and monetary resources to support your group
and your community in adopting your chosen conflict management approaches.
They may strengthen your capacity to better manage conflict situations. Finally,
they can rally public support, which may eventually expand your network and your
professional and monetary resources.

Important Points to Remember

There are three common types of conflict management: customary,

consensual and non-consensual;

Customary approaches are well adapted to the local context, but in most
cases they can only address issues within communities and not involving
outside groups;

Consensual approaches include unassisted and assisted. The assisted

approaches require the presence of a third party that acts as conciliator,
facilitator or mediator. In this set of approaches, all affected parties should
be willing to participate in the process;

Non-consensual approaches require an authoritative figure to intervene,

such as a judge or a government administrator, who then makes the
decision for the affected groups;

The Barangay Justice System is a local government contribution to

solving conflict situations at the community level. It is best for forest
communities to take advantage of this system;

It is recommended that forest communities address the conflict situation

with customary and consensual approaches first (including the Barangay
Justice System), if appropriate to begin with. When these two approaches
fail, then non-consensual approaches can be explored;

In any case of conflict management, forest communities are encouraged to

form networks of allies to help with conciliation, facilitation, mediation,
and arbitration. Allies are able to provide legal resources in the case of
non-consensual approaches;

Chapter 4

Conclusion
Wakas

- This chapter will synthesize the process of analyzing conflicts and determining which
management approaches to take. The chapter will also end with a note reminding POs why it is
important to understand and actively engage in the conflict they are involved in and why it is
crucial to manage conflicts in the context of CBFMA areas.
Profile of Author (1 page)
Note: The manual will be written in simple language, both in Tagalog and Visaya.

Steps to Consider

Step 1

Read the whole manual.

Step 2

Do the conflict analysis.

Step 3

Inform authorities about your situation.

Step 4

Build networks with allies.

The manual contains many information that might be useful for you to think
through the situation. We suggest you read it first before making any move
or decisions to manage the conflict.

Meet as a group and do the conflict analysis (Chapter 3), as it would help
your group make more sense of the complex situation. It is an important step
before coming up with a conflict management strategy.

After doing the analysis, prepare a letter and inform the relevant authorities
(such as the Barangay, CENRO, PENRO, DENR Regional or National
Offices) regarding your situation.

Start contacting potential allies (such as NGOs, media, church, government

officials, and other communities) who might be able to help you cope with
this situation.

Step 5

Communicate with the other party.

Step 6

Discuss conflict management approaches.

Step 7

Inform authorities about your next steps.

Step 8

Carry on with your first strategy.

Attempt to communicate with the individuals and groups encroaching in the

land you are managing to gather more information and hopefully hopefully
encourage consensual approaches to managing conflict.

Together with your allies, start discussing and prioritizing the conflict
management approach (Chapter 4) you will be taking.

Only if it would not affect your success in handling the situation, prepare a
letter and inform relevant government offices of your plans.

As soon as your plans and priorities are clear, go ahead and implement your
strategy in the soonest possible time. Depending on the results of your first
move, go back to Step 6 to reevaluate strategies and repeat process until you
are satisfied with the improvements in the situation.