The Magna Carta of Young Farmers

SchaiP Offire of the goerretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG 27 P2:52 First Regular Session SENATE RECEIVED BY: S.B. No. 1294 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PROVIDING FOR THE MAGNA CARTA OF YOUNG FARMERS EXPLANATORY NOTE The agriculture sector is vital in ensuring a country's food security. The Philippines has been experiencing significant challenges to food security; hence, it has been depending on imports to ensure sufficient food to meet the demands of a growing population'. Global issues such as the Ukraine-Russia war and COVID-19 have had an impact on prices and export restrictions?. This has only reaffirmed the importance of stimulating local agricultural production to ensure food security. As farmers are the cornerstone of agricultural production, the country has witnessed worrisome trends: a declining number of farmers, out-migration from the agriculture sector, and an aging farmer population. Since 2012, net employment in agriculture, hunting, and forestry has declined. This has culminated in a 25% decline in agricultural workers in 2017 compared to 20104. A 2019 Policy Note by the National Economic and Development Authority found that 15 out of 17 regions experienced agricultural employment lossess. The Policy Note also confirmed the out-migration from agriculture, most commonly "among the young and educated."6 The decreased interest in farming among youth is alarming alongside an aging farmer population with an average age of 57 years old'. These trends undermine the country from attaining food security. ^ National Economic and Development Authority. Out-Migration in Agriculture. 2019, https://neda.gov.ph/wp- content/uploads/2019/11/RD-Policy-Note 103019.pdf 2 Department of Agriculture. "Facing the big challenges in Philippine Agriculture." June 5 2022, https://www.da.gov.ph/facing-the-big-challenges-in-philippine-agriculture/ 3 National Economic and Development Authority. Out-Migration in Agriculture. 2019, https://neda.gov.ph/wp- content/uploads/2019/11/RD-Policy-Note 103019.pdf 4 Ocampo, K. (2019, November 7). Where have PH farmers gone? Neda tracks a 7-yr dip in Agriculture. Inquirer.net. https://newsinfo.inguirer.net/1190760/where-have-ph-farmers-gone-neda-tracks-7-yr-dip-in-agri- labor 5 National Economic and Development Authority. Out-Migration in Agriculture. 2019, https://neda.gov.ph/wp- content/uploads/2019/11/RD-Policy-Note 103019.pdf 6 Ibid. 7 Porcalla, Delon. "Dwindling number of farmers threaten food security in Philippines." July 29 2017. https://www.philstar.com/business/agriculture/2017/07/29/1722709/dwindling-number-farmers-threaten-food- security-philippines

There are multifaceted challenges to the youth's interest and involvement in agriculture. In Philippine society, there remains a negative stigma attached to farming as a "poor man's job.8" Aside from this negative stigma, another obstacle to youth involvement in agriculture is their limited access to land, capital, and credite. Furthermore, farming is perceived as a low-paying job, especially with weather unpredictability and increased costs of agricultural products. According to a 2021 survey by the Philippine Statistics Authority, farmers have a high poverty incidence rate of 30%*. These factors hinder the youth's involvement in agriculture. The Philippines cannot neglect the discrimination and harsh circumstances that young farmers face. No less than Article II, Section 18 of the 1987 Constitution states that the State "shall protect the rights of workers and promote their welfare." The Magna Carta of Young Farmers aims to address the needs of young farmers & safeguard their rights. Through the creation of the Young Farmers Council and the National Young Farmers Roadmap, these initiatives will ensure that young farmers become a primary focus for the formulation and implementation of national policies and programs that empower them. Moreover, the bill reinforces that the State shall guarantee equal access to technology, credit, and capital. This bill prioritizes the land rights of young farmers by guaranteeing improved access to low-cost farmland. Furthermore, this bill seeks to provide them with opportunities to become more competitive through assistance in farm planning and management and access to market spaces. To uphold the rights of young farmers against discrimination and violence, young farmers shall be ensured access to free legal services. In sum, the Magna Carta of Young Farmers aims to institutionalize mechanisms and policies that address the challenges faced by young farmers. This initiative is crucial to fulfilling our state's commitment to the Article II, Section 18 of the 1987 Constitution and to honor the critical role that farmers play in ensuring food security for the country. In view of the foregoing, the immediate passage of this bill is earnestly sought. never Barapeel RISA HONTIVEROS Senator & National Economic and Development Authority. Out-Migration in Agriculture. 2019, https://neda.gov.ph/wp- content/uploads/2019/11/RD-Policy-Note 103019.pdf 9 Asian Farmers' Association for Sustainable Rural Development. A Viable Future: Attracting the Youth to Agriculture. 2015, https://asianfarmers.org/wp-content/uploads/2015/02/5-Young-Farmers.pdf 10 Ibid 11 Philippine Statistics Authority. "Poverty Incidence Among the Basic Sectors in the Philippines." U.d.https://psa.gov.ph/sites/default/files/infographics/Poverty%20Incidence%20Infographics%20on%20the%202 021%20Official%20Poverty%20Statistics%20Among%20the%20Basic%20Sectors.pdf

face of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG 27 P2:52 SENATE RECEIVED BY: S.B. No. 1294 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT PROVIDING FOR THE MAGNA CARTA OF YOUNG FARMERS Be it enacted by the Senate and the House of Representatives in the Philippines assembled:

Section 1. Short Title. - This Act shall be known as "The Magna Carta of

Young Farmers".

Sec. 2. Declaration of Policy. The state recognizes the economic, political,

and sociocultural realities affecting young farmers' current condition and affirms the role of young farmers in nation-building and attaining environmental sustainability and food sufficiency. It shall endeavor to develop plans, policies, programs, measures, and mechanisms to ensure young farmers' empowerment, productivity, and competitiveness in local and international trade. The State hereby declares a "Young Farmer" as an individual with an age range of 15- 35 years old whose primary source of income comes from agriculture; The State recognizes young farmers as supplemental income earners on the family farms playing a major role in augmenting their family's proceeds. Doing so entails working odd jobs to sustain the family's source of income most especially in non- harvesting seasons; The State acknowledges the invaluable role of young farmers who are present in the value chain process starting from production, to processing, to value-adding up to marketing; The State recognizes the role of young farmers as eco-warriors and staunch advocates of environmental protection; and, The State recognizes the indispensable contribution of young farmers to the overall food security and national economy.

Towards this end, the State reaffirms the right of young farmers as a separate basic sector with its own distinct rights and responsibilities to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs, projects, and services targeting young farmers as stakeholders. Further, it shall establish mechanisms for the promotion and protection of young farmers' rights. CHAPTER II Definition of Terms

Sec. 3. Definitions -For purposes of this Act, the following terms shall mean:

Agriculture refers to the prudent endeavor of cultivating plants and animals which includes the tillage of the soil, dairy, production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest lands, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes and any forestry or lumbering operations, performed by a farmer; a) Farm work refers to the land cultivation and tillage, dairying, production, growing, harvesting, plowing, planting, application of fertilizers, and farm supervision performed by an individual or a group of people; b) Discrimination refers to any distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by young farmers, irrespective of their age, status, or income, on a basis of equality, human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts young farmers in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges. A measure or practice of general application is discrimination against young farmers if it fails to provide for a mechanism to offset or address the disadvantages or limitations of young farmers, as a result of which they are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges: Provided, That discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against young fanners under this Act; c) Eco-warrior refers to the staunch advocates of environmental protection and practitioners of sustainable farming; d) Food Security refers to the condition in which all people, at all times, have physical, social and economic access to sufficient safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life (as defined by the United Nations Committee on World Food Security); e) Family Farming is a means of organizing agricultural, forestry, fisheries, pastoral, and aquaculture production which is managed and operated by a family and predominantly reliant on family labor, including both women and men;

• Lessee refers to a person who, by themselves, or with the aid available from within their immediate farm household, cultivates the land, belonging to or lawfully possessed by another, with the latter's consent, for purposes of agricultural production, for a price certain in money or in produce or both. The term is distinguished from a civil lessee as understood in the Civil Code of the Philippines; g) Organic refers to the particular farming and processing system, described in the standards and not in the classical chemical sense. The term "organic" is synonymous in other languages with "biological" or "ecological". It is also a labeling term that denoted products considered organic based on the Philippine h) Organic Agriculture refers to all agricultural systems that promote the ecologically sound, socially acceptable, economically viable, and technically feasible production of food and fibers. Organic agriculture dramatically reduces external inputs by refraining from the use of chemical fertilizers, pesticides, and pharmaceuticals. It also covers areas such as, but is not limited to, soil fertility management, varietal breeding and selection under chemical and pesticide-free conditions, the use of biotechnology and other cultural practices that are consistent with the principles and policies of this Act, and enhance productivity without destroying the soil and harming fanners, consumers and the environment as defined by the International Federation of Organic Agricultural Movement (IFOAM): Provided, That the biotechnology herein referred to shall not include genetically modified organisms or GMOs; i) Sustainability refers to meeting the needs of the present without compromising the ability of future generations to meet their own needs as defined by the United Nations World Commission on Environment and Development; Tenant refers to a person who, themselves, or with the aid available from within their immediate farm household, cultivates the land belonging to, or possessed by another, with the latter's consent for purposes of production, sharing the produce with the landholder under the share tenancy system, or paying the landholder a price certain or ascertainable in produce or in money or both, under the leasehold tenancy system; k) Young Farmer refers to an individual whose primary source of income comes from agriculture, with an age range of 15-35 years old, is owner, tenant, lessee, or worker of the land in which they personally cultivate and till; and Red-tagging refers to the practice of labelling, vilifying, branding, naming, accusing, harassing, persecuting, and or caricaturing persons and organizations as communists, persons engaged as agents in, or assisting communist activities, fellow-travelers, subversives, and or state enemies, without credible basis or regard for truth. CHAPTER III Duties Related to the Rights of Young Farmers

Sec. 4. State as Primary Duty-Bearer. - The State, as the primary duty-

bearer shall:

a) Recognize, promote, and protect the rights of young farmers defined and guaranteed under this Act; b) Lead against the discrimination and coercion or violence, be physical, verbal, sexual, emotional, psychological, spiritual, or cultural in nature of young farmers; c) Endorse farm products produced by young farmers for economic development nationwide; d) Promote and fulfill the rights of young farmers in all aspects including but not limited to their rights to food security, education and training, access to land, social justice, employment, health services, and participation. The State shall take measures and establish mechanisms to promote the coherent and integrated implementation and enforcement of this Act and related laws, policies, or other measures to effectively recognize young farmers as a distinct basic sector, stop discrimination against young farmers and farming in general, and advance their rights and responsibilities.

Sec. 5. Duties of State Agencies and Instrumentalities. - The above-

mentioned duties of the State shall extend to all agencies, offices, and instrumentalities at all levels and government-owned and controlled corporations, subject to the Constitution and pertinent laws, policies, or administrative guidelines that define specific duties of state agencies and entities concerned.

Sec. 6. Duties of Private Sector. - It is the duty of the private sector to

support young farmers' agenda through social partnerships between people's organizations and industries. Private sectors are encouraged to assist in reform mechanisms and rural development initiatives which include livelihood strategies sensitive to the plight of young farmers, as part of their corporate social responsibility duties.

Sec. 7. Non-Diminution of die Rights of the Young Farmers. - All other

young farmers' rights and programs provided under existing laws shall remain in full force and effect: Provided, That it follows the definition of a young farmer as stated in this Act. CHAPTER IV Rights, Productivity, and Empowerment

Sec. 8. Education and Training. - The State shall ensure equal access to

quality education and training of young farmers and encourage partnership and linkage with state universities and colleges (SUCs) on information and technology transfer to young farmer individuals and organizations. a) Curriculum. - To ensure better quality education and training for young farmers and aspiring farmers, the following will be incorporated in curriculums: a. K to 12 High Schools offering Technology and Livelihood Education (TLE) Track with specialization in Agriculture-Fisheries Arts shall be required

to create laboratories for agricultural science and technology researches. b. Climate Smart and Resilient Agriculture and Agricultural Laws and Farmers Rights shall be incorporated in both K to 12 and Tertiary Education Curriculum. b) Scholarship. - K to 12 students under TLE Track with specialization in Agriculture-Fisheries Arts shall be entitled to scholarship grants and incentives through the Department of Agriculture (DA) upon compliance with the conditions set by the department. c) Agricultural Training Service Extension. - Agricultural SUCs shall serve as an extension service provider for practical application, learning seminars, hands- on training, and knowledge on technological advancements of young farmers' organizations and individuals through the proper facilitation of the Department of Agriculture (DA).

Sec. 9. Right to Resources for Food Production. - The State shall

guarantee young farmers' vital role in food production and food security by prioritizing their rights to access technology, credit, and capital. It shall ensure that young farmers are provided with the following: a) Equal access to support for farm inputs and agricultural tools; b) Equal access to farm technologies and mechanization; c) Ensure innovation, development, and proliferation of young farmer-friendly technologies and mechanization of agricultural production and processing; d) Equal access to formal sources of credit and capital including forms of clean loans and Mortgage, Redemption and Insurance (MRI); and e) Equitable share of the produce of farms and aquatic resources.

Sec. 10. Access to Information. - Young farmers' access to information

regarding policies, programs, projects, subsidies, and funding outlays that affect them, shall be ensured. The DA-Regional Field Offices (RFOS), Provincial Agricultural Offices (PAOS), and Municipal Agricultural Offices (MAOs) shall endeavor the strengthening information dissemination of agricultural projects benefiting young farmers. Moreover, these offices shall offer assistance to farmers to access agricultural services offered whether offline or online.

Sec. 11. Right to farmland. - The land rights of young farmers shall be

prioritized. In doing so, the State shall guarantee the following: a) Improve access to low-cost farmland. - Create more flexibility within CARP/CARPER to allow land trusts to protect farmland quickly and facilitate a new farmer. The DAR shall also ensure to protect the affordability of conserved lands and ensure that it remains in farming. b) Land Transfer Tax Exemptions. - Transactions including, but not limited to, purchase, inheritance, and donation of land, which is one (1) hectare and below, to young farmers, as defined under this Act, are hereby exempt from all taxes of whatever kind: Provided, however, That the beneficiary guarantees

that the land will be kept and maintained by him or her for at least five (5) years. c) Land and Farm Planning Management. - The Department of Agriculture (DA), together with the LGUs and other related agencies, shall provide full assistance to young farmers, from the national scale down to community levels as regards in farm planning and management to ensure maximum utilization, production, profitability, and sustainability of their farms. The department shall utilize the existence of Farmer Field Schools and Agricultural Extension Training Centers as learning sites to ensure full-scale assistance to young farmers.

Sec. 12. Access to Market Development Services. - The State shall

guarantee the young farmers rights for market spaces, farm-to-market roads, and other mechanisms that will ensure that farm produce will reach the family table. In doing so, the state shall provide the following: a) Establishment of Farm-to-Market Roads (FMR). - The DA, DPWH, and LGU shall endeavor to hasten the creation of farm-to-market as per the Farm-to-Market Road Network Plan (FMRNP) and Comprehensive FMR National Master Plan 2020 to 2030. b) Creation of a Provincial Market. - The DA Regional Office and the Governor's Office shall establish a central market within each province. These markets shall cater to all registered farmers of the different municipalities of the province who wish to sell their farm produce. c) Establishment of Municipal Cold Storage and Post-Harvest Facility. The DA through the support of the LGU shall ensure the establishment of cold storage and post-harvest facilities that are accessible to the local farmers. d) National Young Farmers Roadmap. - The DA through the National Young Farmers Council, including its attached agencies and corporations, in coordination with the Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR), Department of Trade and Industry (DTI), Department of Science and Technology (DOST), Department of Education (DepEd), National Commission on Indigenous Peoples (NCIP), National Youth Commission (NYC), Philippine Coconut Authority (PCA), Commission on Higher Education (CHED), National Anti-Poverty Commission (NAPC) and all agricultural-related agencies attached under the Office of the President (OP) shall formulate and implement a National Young Farmers Plan within one hundred and twenty (120) days from the creation of the National Young Farmers Council. The roadmap shall serve as the convergence program of government line agencies to ensure the maximum role of young farmers in food security. It shall also present measures that will allocate a safe, culturally acceptable, nutritionally adequate diet through a sustainable food system that maximizes self-reliance and social justice. The plan shall include the following: a. A color-coded map on the national status of the country's food security; b. Baseline data research on young farmers through a Young Farmers Registry System which includes young farmers' socio-economic status; c. Community-based Food Security Plan that shall identify viable food security systems particular to the roles of young farmers along the food value-supply chain; and,

d. Index of programs of identified government agencies as to the development of young farmers. e) Young Farmer Community Seed Banks. - DA shall facilitate the selection, establishment, and management of strategic community-based seed banks to ensure sustainable food and agricultural resources for young farmers.

Sec. 13. Environmental Protection. - DA, in partnership with DENR and

DOST shall establish model farms that feature sustainable farming practices such as integrated and diverse organic farming systems, climate-smart and resilient agriculture, organic urban farming systems, and the like to serve as knowledge transfer and training institutions for young farmers and agricultural workers and provide an avenue for the active participation of young farmers in environmental protection and practice of sustainable farming.

Sec. 14. Recognition and Preservation of Cultural Identity and

Indigenous Farming Traditions. - The State shall respect, preserve and maintain knowledge, innovations, and practices of indigenous and local communities of young farmers embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity. These shall be considered in the formulation and implementation of national policies and programs.

Sec 15. Protection from Discrimination, Red-tagging, and Violence. -

The state shall ensure that all young farmers shall be protected from all forms of discrimination, harassment, violence, and red-tagging, as provided for in existing laws. Young farmers facing discrimination, harassment, violence and red-tagging from public and or private persons and groups, shall be ensured access to free legal services from the Public Attorney's Office (PAO). Free legal assistance under this provision shall include, but are not limited to: a) Legal representatives in civil, criminal, or administrative proceedings, as far as practicable; b) Legal advice or consultations; c) Preparation of pleadings, motions, memoranda, and all other legal forms and documents; d) Court fees and other related fees; and e) Notarization of documents.

Sec. 16. Representation and Participation. - The State shall ensure young

farmers' involvement in the planning and design stages of agri-food development projects from conceptualization to implementation. It shall also ensure the participation of young farmers in the decision-making and policy-making processes at regional, national, and international levels initiated by the government and private entities including but not limited to the National and Local Agrarian Reform Councils, National Organic Agricultural Board, National Youth Commission, and the National Anti-Poverty Commission to fully realize their roles as agents and partners for development.

Sec. 17. Strengthen Young Farmer Organizations. - DA, together with

DAR, DTI, DOST, NYC, DepEd, CHED, and CDA shall create a training module on organizational management and development specific to the sensitivity and needs of young farmer organizations within one hundred twenty (120) days upon the effectivity of this Act to assist and provide young farmer organizations capacity-building, organizational management and development schemes. CHAPTER V INSTITUTIONAL MECHANISM

Sec. 18. Creation of the National Young Farmers Council. - There is

hereby created the National Young Farmers and Fisherfolk Council which shall be attached to the DA. The Council shall have the following powers and functions: a) Formulate, recommend, and implement national policies, plans, programs, and guidelines to ensure young farmers' empowerment, productivity, and competitiveness in local and international trade. b) Support and assist the DA and relevant government agencies in building strong and harmonious partnerships with foreign counterparts and relevant agencies, non-government organizations, and civic groups in order to facilitate the implementation of strategies and programs for the protection and promotion of the rights and well-being of young farmers. c) Develop an online self-service portal for young farmers to access, apply for, and implement the different DA programs and services. d) Establish Young Farmer Coordinators in each municipality to direct outreach and help young farmers access information on agricultural and fisheries programs and services. e) Spearhead the drafting and finalization of the National Young Farmer's Roadmap.

Sec. 19. Farm Insurance. - Young Farmers shall automatically become

members of the Philippine Crop Insurance Corporation (PCIC) as protection from losses of non-crop agricultural assets from force majeure.

Sec. 20. Legal Protection on Negotiations and Trade Partnership

Agreements. - The State shall ensure the provision of safeguard clauses for vulnerable, sensitive, and volatile sectors to preserve the family farming model of the Philippines.

Sec. 21. Implementing Rules and Regulations. - Within one-hundred

twenty (120) days from the effectivity of this Act, the DA shall, in coordination with Philippine Council for Agriculture and Fisheries (PCAF), Bureau of Fisheries and Aquatic Resources (BFAR), DAR, DENR, DTI, DOST, DepEd, CHED, NYC, and NAPC and with the participation of representatives from non-government organizations (NGO) and civil society groups with a proven track record of involvement and promotion of the rights and welfare of young farmers, issue the necessary rules and regulations for the implementation of this Act.

Sec. 22. Appropriation of Funds. - The amount necessary for implementing

this Act shall be charged from the budget allocation of the DA including its attached agencies and corporations, DAR, DENR, DTI, DOST, DepEd, CHED, and NAPC. Such amounts necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

Sec. 23. Separability Clause. - If any provision or part hereof is held invalid

or unconstitutional, the remainder of the law or the provision or part not otherwise affected shall remain valid and subsisting.

Sec. 24. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the provisions of this Act are hereby repealed, modified, or amended accordingly.

Sec. 25. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved.