Making property rights accessible : social movements and legal innovation in the Philippines
Franco, Jennifer C.
MetadataShow full item record
Today, many rural poor Filipinos are using state law to try to claim land rights. In spite of the availability of a much heftier set of specialised legal resources than ever before, however, claiming legal land rights remains extremely difficult. Pro-market scholars cite difficult legal problems as a reason to turn away from state-led land reform and toward a market-assisted land reform (MALR) model. Yet, as this paper shows, a closer look at actual dynamics around land reform in the Philippines suggests that political-legal problems associated with implementation of the 1988 agrarian reform law can be overcome under certain conditions. It is argued that rural poor claimants must have access to a support structure for political-legal mobilisation, particularly “rights-advocacy organisation”, and they must adopt an integrated political-legal strategy, in order to effectively push existing constitutional-juridical openings and institutional reforms in favour of land redistribution. An integrated political-legal strategy is one that is capable of activating state agrarian reform law, exploiting independent state actors’ pro-reform initiatives, and resisting the legal and extra-legal manoeuvres of anti-reform elites.
CitationFranco, J.C. (2005) Making property rights accessible : social movements and legal innovation in the Philippines. Working paper series, 244. Brighton: IDS.
Is part of seriesIDS working papers;244
Library catalogue entryhttp://bldscat.ids.ac.uk/cgi-bin/koha/opac-detail.pl?biblionumber=152930
Rights holderInstitute of Development Studies
- IDS Research