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Customary Laws/Community Based Watershed Management – Luang Prabang – Laos October 10 th – November 2 nd , 2009. PAFO –CHESH-Lao development cooperation 1999 – 2009 – 2010 under ICCO – BfDW funding contribution 1 Social Policy Ecology Research Institute (SPERI) Centre for Human Ecology Studies in Highlands (CHESH) CHESH Lao Programme REPORT ON NEEDS ASSESSMENT STUDY (NAS) Training Workshop Approach & Practice in Den Xa Vang and Phon Xa Vat villages Luang Prabang district, Luang Prabang province, Lao PDR (October 10 th to November 2 nd 2009) Luang Prabang, November 2009

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Socialization and legalization of ethnic belief and knowledge with its role in improving behavior towards forest, land, water in protected watershed forest has recently become an important and urgently needed strategy in Mekong countries. CHESH Lao, with consistent cooperation with Mong, Kho Mu, Lao Lum ethnic groups, co-implementation of PAFO and financial support from ICCO ; has been practicing the strategy of “customary laws based community development” in the three villages of Long Lan, Xiang Da and Nam Kha in the two districts of Nam Bac and Luang Prabang of Luang Prabang province from 1999 - 2009. This work has created valuable practical lessons-learnt and has been recognized by officials and the populous as an effective strategy for community development . CHESH has been practicing an ethnic psychological approach to maximize local knowledge, belief and practice in harmonious behavior towards nature and the flexible application of community customary laws for resolutions of land, forest conflicts and forest management in the three villages of Long Lan, Xiang Da and Nam Kha. The practical outcomes and indicators from these three villages have attracted interest from universities , researchers, media , local and central officials, ethnic groups in Laos, Vietnam and Thailand and several other social actors. There has been keen interest from these parties in learning about this approach and its application. Results and recommendations from the workshop of CHESH- PAFO – PEOPLE in Lao are credible indicators of the importance of expanding pilots and to continue with the socialization strategy as demonstrated by ten-years (1999 – 2009) of CHESH development activities in Luang Prabang. Target groups are ethnic minority people living in the Mekong watershed who are particularly vulnerable. This is especially relevant in the context of major global environmental challenges such as climate change. The positive outcomes of CHESH – PAFO – PEOPLE have influenced the Luang Prabang provincial authority to suggest that CHESH Lao help support and advise them in expanding pilot models of watershed forest management based on ethnic belief and customary law in other areas in the province; Long Lan is a model of living curriculum, successful indicators, positive aspiration and human behavior that we can look to for examples of real solutions in the current context of global environmental challenges. Globalization has deeply affected most families and communities in the region during recent years. Modernization programs, hydropower plants and cash crop plantations for example take away large areas of fertile agricultural land and forest from local communities. Traditional community social institutions and cultural values are being damaged and eroded at the same time. Villagers lose the spaces that are important to nurture their beliefs, spiritual values, customary laws and practice of moral behavioral norms.

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Customary Laws/Community Based Watershed Management – Luang Prabang – Laos October 10th – November 2nd, 2009. PAFO –CHESH-Lao development cooperation 1999 – 2009 – 2010 under ICCO – BfDW funding contribution

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Social Policy Ecology Research Institute

(SPERI)

Centre for Human Ecology Studies in Highlands (CHESH)

CHESH Lao Programme

REPORT ON

NEEDS ASSESSMENT STUDY (NAS)

Training Workshop Approach &

Practice in Den Xa Vang and Phon Xa Vat villages Luang Prabang district, Luang Prabang province, Lao PDR

(October 10th to November 2nd 2009)

Luang Prabang, November 2009

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TABLE OF CONTENTS

I. Background .................................................................................................................................... 3

II. Objectives of socialization and legalization of ethnic beliefs and knowledge in forest management and sound land use; ........................................................................................................... 4

III. Methodology of socialization and legalization of ethnic beliefs and knowledge in forest management and sound land use ............................................................................................................. 4

IV. Context ....................................................................................................................................... 5 IV.1. Descriptions of Phon Xa Vat and Den Xa Vang village............................................................. 5 IV.2. Legal framework review .......................................................................................................... 9 IV.3. Problem analysis in Den Xa Vang and Phon Xa Vat:.............................................................. 10

1. Overlapping on land and forest use and managment..................................................................... 10 2. Shortage of cultivating land ........................................................................................................ 12 3. Shortage of drinking water and polluted water ............................................................................. 13 4. Free animal raising ..................................................................................................................... 15 5. Cross-cutting issue ...................................................................................................................... 16

V. Outcomes from NAS from October 10th – November 2nd, 2009 ................................................... 16 V.1. Identified Objectives .............................................................................................................. 16

The Overall Objective ..................................................................................................................... 16 Mid-term Objectives ....................................................................................................................... 16 Short-term objectives ...................................................................................................................... 17

V.2. Solutions for problems in Den Xa Vang and Phon Xa Vat villages .......................................... 17 1. Overlapping on land and forest use and managment..................................................................... 17 2. Shortage of cultivating land ........................................................................................................ 18 3. Shortage of drinking water and polluted water ............................................................................. 18 4. Free animal raising ..................................................................................................................... 19 5. Cross-cutting issue ...................................................................................................................... 19

V.3. Lessons learned from NAS ..................................................................................................... 20 V.4. Strategic planning 2009 - 2019 .............................................................................................. 28 Annexes .............................................................................................................................................. 30

Annex 1: Policy Review ................................................................................................................. 30 Annex 2: Visionary Analysis and Inter-Cultural Community Development Approach ...................... 33 Annex 3: Diagrams to describe steps of level A to D ....................................................................... 34 Annex 4: Conclusion by Facilitator for Level A .............................................................................. 38 Annex 5: MoU between RCSD/CEDS, PAFO’S CHESH-LAO & SPERI ........................................ 40 Annex 6: Network Action ............................................................................................................... 46 Annex 7: Questions of justice for the poor and Kho Mu’s challenges ............................................... 50 Annex 8: Detailed reports on culture, social and economics in Den Xa Vang and Phon Xa Vat ........ 56

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I. Background Socialization and legalization of ethnic belief and knowledge with its role in improving behavior towards forest, land, water in protected watershed forest has recently become an important and urgently needed strategy in Mekong countries. CHESH1 Lao, with consistent cooperation with Mong, Kho Mu, Lao Lum ethnic groups, co-implementation of PAFO2 and financial support from ICCO3; has been practicing the strategy of “customary laws based community development” in the three villages of Long Lan, Xiang Da and Nam Kha in the two districts of Nam Bac and Luang Prabang of Luang Prabang province from 1999 - 2009. This work has created valuable practical lessons-learnt and has been recognized by officials and the populous as an effective strategy for community development4. CHESH has been practicing an ethnic psychological approach to maximize local knowledge, belief and practice in harmonious behavior towards nature and the flexible application of community customary laws for resolutions of land, forest conflicts and forest management in the three villages of Long Lan, Xiang Da and Nam Kha. The practical outcomes and indicators from these three villages have attracted interest from universities5, researchers, media6, local and central officials, ethnic groups in Laos, Vietnam and Thailand and several other social actors. There has been keen interest from these parties in learning about this approach and its application. Results and recommendations from the workshop7 of CHESH- PAFO – PEOPLE in Lao are credible indicators of the importance of expanding pilots and to continue with the socialization strategy as demonstrated by ten-years (1999 – 2009) of CHESH development activities in Luang Prabang. Target groups are ethnic minority people living in the Mekong watershed who are particularly vulnerable. This is especially relevant in the context of major global environmental challenges such as climate change. The positive outcomes of CHESH – PAFO – PEOPLE have influenced the Luang Prabang provincial authority to suggest that CHESH Lao help support and advise them in expanding pilot models of watershed forest management based on ethnic belief and customary law in other areas in the province; Long Lan is a model of living curriculum, successful indicators, positive aspiration and human behavior that we can look to for examples of real solutions in the current context of global environmental challenges. Globalization has deeply affected most families and communities in the region during recent years. Modernization programs, hydropower plants and cash crop plantations for example take away large areas of fertile agricultural land and forest from local communities. Traditional community social institutions and cultural values are being

1 CHESH = Center for Human Ecology Study of Highlands 2 PAFO = Luang Prabang Provincial Agro-Forestry Office 3 ICCO = Interchurch for Cooperation and Development, the Netherlands 4 Please refer to CHESH Lao library for each phase of the project during 1999 - 2009 5 Suphanuvong University - Lao PDR, RCSD – Chiang Mai University – Thailand. 6 VTC – Vietnam Digital Television. 7 Workshop in Luang Prabang, April 2-3, 2009

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damaged and eroded at the same time. Villagers lose the spaces that are important to nurture their beliefs, spiritual values, customary laws and practice of moral behavioral norms. These are some of the tremendous challenges that are occurring now and will continue to face these communities in the future. CHESH – PAFO - PEOPLE set objectives and foster actions towards sustainable livelihoods, respect and a nurturing attitude towards nature and make an effort to establish or maintain the bio-diversity in the Mekong watershed communities where they work. It is an integrated process as maintenance of bio-diversity also promotes a suitable environment that nurtures traditional cultural values and vice versa. CHESH – PAFO – PEOPLE approach, ethnic communities in Laos are in line with its priority. Mentioned previously

II. Objectives of socialization and legalization of ethnic beliefs and knowledge in forest management and sound land use;

1. To establish models in the Mekong watershed, which become practical grassroots training sites and living curriculum of forest management and sound land use based on ethnic community beliefs and customary laws; 2. To have a network of reputable village elders and community entrepreneurs, who maintain traditional knowledge and customary laws in land and forest management and contribute to Farmer Field Schools - FFSs, in training future professional ecological farmers; 3. To gather the evidence, data and theory to lobby the case for policy on forest and land management based on community value systems in the Mekong watershed; 4. To create a network action and exchange network based on this approach as a foundation to fight against climate change in the Mekong region.

III. Methodology of socialization and legalization of ethnic beliefs and knowledge in forest management and sound land use

III.1. Enrich Customary Laws in Forest and Land Use Management 2009 – 2010 (see project proposal written by CHESH/SPERI in cooperation with BfDW) ( in two villages of Phon Xa Vat and Den Xa Vang – expanding application based on the Long Lan model) III.2. Needs Assessment Study of two adjacent villages with multiple ethnicity (see proposal of Need Assessment Study and LOU between CHESH – PAFO - PEOPLE and BfDW be signed) ( two villages of Phon Xa Vat and Den Xa Vang – expanding application based on the Long Lan model)

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III.2. 1. Objectives of Needs Assessment Study at Phon Xa Vat and Den Xa Vang. 1. To get an understanding of the psychology, aspiration and needs of people in relationship to land and forest management in the two villages; 2. To research lessons-learned based on ethnic beliefs and knowledge in relationships to land and forest management; 3. To understand difficulties, challenges, advantages and potentials in land and forest management at the two villages; 4. To gain insight into livelihood and inter-generational security at the two villages; 5. To have a common understanding among all stakeholders and participants about customary law in watershed forest and Land management. 6. To improve the capacity of those participating including; provincial and district officials, CHESH Lao staff – PAFO - PEOPLE, key-elders and farmers of the two villages in the approach to study, analyze, assess community challenges, potentials, problems and needs. III.2.2. Strategy of Needs Assessment Study To update concrete practical data as a basis for a detailed activity plan and prioritized approach in the cooperation program of CHESH/SPERI Lao and BfdW - Bread for the world, for the one year period from 2009 – 2010 according to Section III.1. “Enriching customary law in Forest and Land Use Management” in the two villages of Phon Xa Vat and Den Xa Vang.

IV. Context

IV.1. Descriptions of Phon Xa Vat and Den Xa Vang village Den Xa Vang and Phon Xa Vat locate in the South-East of the Phu Sung top Mountain, 30 km away from the north of Luang Prabang City. These village shares with other 12 villages of Mong, Kho Mu and Lao Lum in Phu Sung watershed area.

Den Xa Vang is home to 92 households of Mong (25 households), Kho Mu (64 households), Lao Lum (2 households) and one Dzao (1 household) in which total is 549 villagers, 248 labor, 144 women labor. Total pupils enrolment for the primary and secondary schools are 144 of which 69 female pupils, 7 teachers, including 4 female teachers, 32 kindergarten pupils, including 11 female pupils. 100% women and children are vaccinated yearly from the Government program. The total land area of Den Xa Vang is 975 ha in which 1) protection forest is 115 ha; 2) restored forest is 165 ha; 3) Reserved land is 11 ha; 4) other forest is 40.65 ha; 5) productive forest is 130 ha; 6) productive

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cultivating land is 155 ha; 7) rice-field is 20 ha; 8) industrial crop (sesame, millet, corn) is 65.13 ha; 9) teak: 49.2 ha; and 10) construction, residential land is 3 ha. Livelihoods of the villagers heavily depend on natural resources e.g. collection of NTFPs, free animals raising. 7% of households in the village currently lack of food from 3-5 months per year.

Phon Xa Vat is home to 84 households of Mong and Kho Mu people with 504 populations of which 240 are female. 21/84 households are Mong and 63 are Kho Mu. There are 8 households mainly working on rice field; 43 households mainly working on slope rotation field; 13 households mainly raising husbandry; 2 households mainly trading and other jobs including workers for rock exploitation, and temporary construction workers. Total pupils enrolment for the primary and secondary schools are 59. The total land area of Phon Xa Vat is 830 ha 1) protected forest is 1 ha; 2) Reserved forest is 530 ha; 3) other forest is 46.8 ha; 4) productive forest is 40 ha; 5) productive cultivating land is 198.24 ha; 6) rice-field is 6.33 ha8. On average, wet rice production is 2.5 tons per ha; dry rice is 2 tons per ha. 22% of households in the village currently lack of food from 3-5 months per year. Strengths Despite facing a lot of challenges, Kho Mu and Mong in Den Xa Vang and Phon Xa Vat villages maintain their specific belief in the nature, forest, land and water. Kho Mu people believe in Phu Pha No (Heaven Bamboo Shoot Hills) natural spirits and Pha Lieng Phi Ho (Forest for Caring for Village Spirits). Mong people worship Thu Ti, Tong Xenh, maintain and practice their customary laws.

Community structure: While Nai Baan9 (village head) is important person for state, administrative affair, Con Cham and Croimon are key spiritual leaders of Kho Mu people. They are spiritual foundation for villagers, represent villagers to worship spirits for goodness and chasing away bad things (See details: annex 7).

Clans: Main clans in the two villages compose of Tamong, Simom (a kind of bird), T’ravai (tiger), Ta-va, Sloc (A kind of bird named Tanglo), Chan-t’re, Ta Hap (Fish trap made of bamboo). Tamong clan is the largest in Phon Xa Vat village (33 households). There is a clan council of 10 reputable members, who discuss and decide on essential affair of the clan. Each clan has their own legend to interpret their totem. For instance, T’ra-vai clan keeps taboo of touching, hunting or eating tigers. They believe that, if they ate tiger meat, their teeth would drop out. If they touched tiger, their skin would get disease. Ta Hap clan does not eat meat of the pig that is kept in hap (a bamboo box similar to fish trap). Tava clan does not touch or cut Tava trees. That belief does not only make good sense for Kho Mu belief, but is also useful for environment protection, which nurtures Kho Mu belief. Villagers set up Kho Mu and Mong cooperation of cow raising at a common area in Den Xa Vang. 21 Mong and 12 Kho Mu households share that common area for raising cows. Villagers, including Mong and Kho Mu got agreement on cattle raising practice. New households, who want to join that common area, should contribute labour for repairing fence. They created different signs on the cows’ ears, so that the owner can recognize

8 These data remain from land allocation program in 1999 which is not accurate to current situation anymore. For instance, according to village report, residential and construction land area is 0.4 ha, but practically it should be around 4 ha? 9 Nai Baan: village head, the manager of the lowest administrative level.

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exactly. This is one of the beginning cooperation between Kho Mu and Mong for organization of production in particular and community organization as well. The village keep two areas of animal raising, one locates at Long Lan village, serve the village’s mostly Mong and some Kho Mu households. The other locates at Den Xa Vang area, prominently serve Kho Mu households.

Various exchanging labour groups were set up within Mong or Kho Mu group for seedling, harvesting rice, maize. This is traditional popular practice of the villagers. This helps villagers dealing actively with seedling, harvesting, and also promote community solidarity. Besides exchanging labour, some households with shortage of labour or being unable to join exchanging labour tend to hire labour for their timely plough or harvest. According to the receivers’ needs, they pay 20,000 kips or 4 to 5kg of rice per day. The hired labourers take rice, and the host prepare foodstuff for lunch.

Community labour group was set up to repair such community infrastructure as pipeline, sewerage, and to clean the village. This group is voluntarily set up and contributed by villagers according to village needs and plan. Pig raising areas have initially been set up in Den Xa Vang for 6 months. Villagers are trying to transfer from free animal raising to keeping and feeding them. This requires the whole community, especially key reputable persons, village leaders to implement, supervise strictly, so that to change old practices successfully. Villagers maintain rotational cultivation: cultivate rice, maize or millet for one year (or two years on good soil), then plant teaks or let fallow for 2 years (as the saying: Xoong Pi ham, Sam Pi Khop). Villagers still maintain local seeds as well as relevant local knowledge and skills. Each household have 3 plots of field and practice rotational cultivation of different crops on those fields. They prefer to cultivate rice first, and then plant teak at the end of the process. Weaknesses Almost villagers do not have favourable conditions to access and understand government land policy and laws. Most of them base on traditional perception and practices, and the recognition of community members. This is also strength, because community can solve overlapping things by themselves. However, villagers will face difficulties while Government applies land law for their management, using land and solving land problems. Regulations which were introduced by district authorities are not well implemented by Phon Xa Vat and Den Xa Vang villagers. This resulted from shortage of villagers’ participation in discussion, setting up and getting agreement, commitment of implementation. Besides, different ethnic groups have not attain strong linkage, especially in regulations of management, maintenance, reparation of water resources, cattle raising and prevention of animal’s diseases. Free cattle raising and increasing habit of using plastic bags negatively affect to villagers and their surrounding environment. Most of raised livestock involve in making environmental pollution, contaminated water resources of the villagers’ daily life. Plastic bags are increasingly spread out villages. Ineffective application of family planning methods causes unexpected pregnancy and giving birth. Several short-term successive children push more pressure to each household, especially women. They want to stop giving birth for better conditions to ensure children’s life and education, however they do not know how to start with?

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EU project had helped to set up savings and credit fund in the two villages. This fund stopped operation in Phon Xa Vat after one year because borrowers did not pay back fund, so others would not want to keep membership. After on year of operation in Den Xa Vang, (2001-2002), members appreciated activities of the group. However since second year (2002-2003), because of not good transparent management by only one person who dealing with accounting and treasure, so members did not want to join. The bookkeeping of the approximately one million kip fund was transferred to village head. Opportunities District authorities allocated land with temporary land use certificates in 1999 and permanent land use certificates (yellow certificates) in 2006 to households, including residential, wet rice, garden, rotational field. Forest and cattle raising area were allocated to villages. Teak and oil tree species which are native species are available in local area. Suitable plantation of those trees will make land use effective, that is also good for reforestation. Villagers are ready for these plantations in terms of seeds and techniques. At the same time, Luang Prabang province promotes reforestation programe which aims to cover over 65% of forests of the total land area.

Many villagers (especially elders) still maintain their skills of traditional rattan and bamboo handicraft products. Additional, unique nature, culture nearby former capital of Luang Prabang creates great potential to develop community eco-cultural tourism. The two target villages are adjacent to Long Lan village, where customary laws have been applied well for watershed management and protection, planning areas for production, cooperation for production, livestock; good community administration: forbid wine drinking; experiences of conflict resolution. Long Lan village is a good pilot model for the target villagers to get study tour and exchange experiences. Challenges According to Instruction No. 09, physical plus calculation of small villages peoples to ensure criteria of number of villagers and households to set up certain villages. However, this plus calculation is unable to adapt to cultural values, beliefs, customary laws, community linkages. Therefore, bridging between inherent Kho Mu inhabitants and new merging Mong people could not reach good unique effects (excluding animal raising cooperation in Den Xa Vang village).

Beside the mentioned opportunities (land allocation, local plantation, community eco-cultural tourism), there remains huge challenges. With Yellow Land certificates, transaction of land and changing from production land to teak plantation will be big challenge. Practically 70% of 49.2 ha of teak have been transacted in Den Xa Vang, and similar situation are happening in Phon Xa Vat. Community food security may become problematic due to changing from grain production to industrial plantation.

Villagers are exposed to big threat of selling labour on their own traditional land or in towns due to limited cultivating land. Otherwise they have to use more forest for new grain cultivation field. Land overlapping between traditional land of former Long Ngau, Nha Kha Luang villagers, who remove and come back and resettlement and formal land allocation programme for Phon Xa Vat, Den Xa Vang villagers. Villagers use increasingly herbicide, insecticide. That will not only pollute human and animal existing environment,

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but also negatively damage image of Lao countryside, which have been known as traditional, trusted organic cultivation. This image helped people to behave harmoniously with the nature and people of Laos. Many households are very difficulty to deal with supporting children to go to school because of increasing school fees, so they cannot afford.

IV.2. Legal framework review After American war, affected people resettle and stabilize since 1975. New government and its unprofessional management resulted in less effect to settlement and operation of communities. However, that created favorable condition for communities to promote their inherent strength and wisdoms to stabilize themselves. The Lao Government has started to resettled villages since 1976 until now. The resettlement programme has promoted faster since 1986. During 1986 to 1995, the Lao Government had issued a series of degrees and instructions on forest and agricultural land management which aim: 1) to stop deforestation (deemed to result mainly from swidden agriculture); 2) to intensify agricultural production and to improve the government revenue base through land taxation. Private ownership of land and increased tenure security are expected to encourage agricultural investment, intensive use of land and the rise of a market-oriented agriculture.

The State of Laos has passed the Forest Law (No. 96/NA11) in 1996 which defines forests into five official classification categories: 1) Production forests; 2) Conservation forests: 3) Protection Forests; 4) Regeneration Forests; and 5) Degraded Forests10 and following 1997, the State has passed the Land Law (33/PO of May 1997). In accordance with the Land Law, the State issues Temporary Land Use Certificates (villagers’ so-called blue certificates) to each household. TLUC is considered for three years before allocated Permanent Land Use Certificates (PLUC) with full ownership titles (so-called Yellow Certificates) if they have used TLUC legally, paid tax and no land dispute. A TLUC can be withdrawn if the beneficiary does not practice on that land regularly and can not be transferred as well. These two major laws have replaced all previous policies regarding to forests and land since 1996.

Since 1996, the Government has taken a programme of opium eradication, moving down high villages and merging small villages into bigger one, which aims at increasing cross-check between different ethnic groups in a certain new resettled area and strengthening government administration and political security of area.

In 2004, the Lao People’s Revolutionary Party Politburo has issued instruction No. 09 which aim: 1) strengthening local political system including local parties, mass-organizations; youths and women unions, etc.; 2) security; 3) economic development; and 4) social and culture development. After issuing No. 9 instruction, the process of moving down highland villages and then merging into lower villages has promoted faster in Luang Prabang province as well as Lao National wide (see details: annex 1&2). 10 1) Production Forests ("Village Use Forest" at the local level): used on a regular basis for national development requirements and for people’s livelihoods on a sustainable basis; 2) Conservation Forests: protection and conservation of animals and plant species or other entities of cultural, tourism or scientific value; 3) Protection Forests: protection of watershed and prevention of soil erosion and also including areas with national security significance; 4) Regeneration Forests: young fallow prohibited for agriculture in order to increase tree maturity and reach a natural equilibrium; 5) Degraded Forests: heavily damaged, classified for tree planting and oral location to individuals or organizations for economic purposes in accordance with national economic plans.

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Unfortunately, the process of Forests and Land Allocation; resettled and merged programmes by Government bodies have created overlapping and contradictions to strong existence of traditional customary laws, acceptance and respect on forest and land management, practice and ownership by communities. One of main reasons was the implementation process did not achieve sufficient learning and encouraging internal strengths and cultural values of each ethnic groups. Several different ethnic groups are planned compulsorily to settle in a certain new common village, so vulnerable groups tended to move freely or come back their ancestor land to ensure livelihoods and maintain their cultural spaces (i.e. sacred forest, trees, ancestral tombs, where their traditional beliefs and ceremonies are nurtured). This lead to unavoidable overlapping between traditional land and new allocated land on a certain plot of land.

IV.3. Problem analysis in Den Xa Vang and Phon Xa Vat: Tribal people of Lao PDR have built their harmonious human – ecological life through several generations. They attain rich culture, abundant local knowledge, which set a foundation of the beautiful Lao country.

As mentioned above, since 1975, resettlements, merging villages, land allocation implementation and other intervention programs have not taken well thorough study, analysis of community in terms of psychology, beliefs, livelihoods and their other concern such as health and education. That caused crisis of community belief, daily livelihood, and healthcare. Resettlement and merging villages particularly resulted in land overlapping and conflict between moving resettled villagers, who want to come back to continue belief practice according to their customary laws and new land owners, who are formally certified by the government.

1. Overlapping on land and forest use and managment The government planned to merge households from Nha Kha Luang into Den Xa Vang village and Long Ngau households into Phon Xa Vat village in 1996. However Nha Kha Luang and Long Ngau villagers did not come to live in Den Xa Vang and Phon Xa Vat, they then moved to live in Na Xam Phan village. After the villagers’ moving from former villages of Nha Kha Luang and Long Ngau to Na Xam Phan, district authority allocated Nha Kha Luang land to Den Xa Vang and Long Ngau to Phon Xa Vat in 1997. In 1999, district authorities allocated Temporary Land Use Certificates - TLUC (so-called blue or grey certificates) which was financed by European Union project to households in which include new merging households in Den Xa Vang and Phon Xa Vat villages. The new merging households who mostly belong to Mong group from Long Vai and Long Cut moved to Phon Xa Vat and Den Xa Vang villages.

The land allocation programe faced shortage of long-term planning and reality because of a little participation of villagers, weak involvement of villagers’ initiatives, traditional knowledge of mapping and boundaries, traditional ownership and practices on natural resources, particularly land and forests. Especially the role of respected elders in solving land conflicts base on their own customary laws within community and between neighbouring communities.

In 2006, villagers of Den Xa Vang and Phon Xa Vat villages were allocated Permanent Land Use Certificates - PLUC (yellow certificates). This allocation basically formalize

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data, mapping, document of 1999 temporal allocation. However, out-dated document and incorrect land certificates emerged because of changes due to continuous free resettlement of villages, households and new reclaimed land surrounding temporary allocated land. With PLUC, owners can transfer easily if they complete a contract and village head’s approval. The growth of unthoughtful careless land market caused unfair, un-transparent trading of land, and then vulnerable villagers started facing shortage of land11. This process went along with promotion of cash crops and marketization, so it triggered forest clearance for new cultivating land. This situation also attracted a part of farmers to neglect traditional organic farming to jump in industrial plantation and application of herbicides, pesticide and new high productivity species. Those changes resulted in rapid forest, land, water exhaustion, and environment degradation and increasing endanger of inter-generation livelihoods.

Land conflict started to happen in 2005 between Mong formerly cultivate in Nha Kha Luang and Long Ngau and Mong merging to live in Den Xa Vang and Phon Xa Vat (during 1999 to 2003). The former villagers thought the land is their traditional ancestors’ heritage for their continuous practice of beliefs and worshipping ancestors. They came back former villages to cultivate, free cattle without consent of Den Xa Vang and Phon Xa Vat administrative managers – who were formally accepted by district authorities. The moving households did not receive temporary brown land certificates as well as former yellow certificates. They did not pay tax, and local authorities have no foundation to collect tax. The new resettled households according to Government merging village programme received allocated land. They obtained temporary land certificates in 1999 and then permanent land use certificates in 2006. However they could not practice cultivation since 2005, because Na Xam Phan villagers came back to interrupt. They could not pay tax to the government because they could not cultivate.

Overlapping problem was reported by households, who are allocated land in 1999 and leaders of Den Xa Vang and Phon Xa Vat to district authorities. District officers12 were sent to solve problem some times, but they could not get achievement. Solidarity, cooperation is negatively affected by between Kho Mu and Mong groups, who resettled in Den Xa Vang, Phon Xa Vat and Mong group, who moved to Nha Kha Luang and Long Ngau. Den Xa Vang and Phon Xa Vat villagers and former Nha Kha Luang and Long Ngau villagers do not feel comfortable in production and practice their belief. The government cannot implement well, effectively management of land and tax collection.

Overlapping, disputes from compulsory resettlement, merging villages of different ethnic cultural groups, land allocation with shortage of community resolution are reasons of land

11 For instance, 20 households planting on total 49.2 ha of teak in Den Xa Vang, recently 70% of the teak area has been sold out to outsiders. In Phon Xa Vat, there are two different streams of opinions: 1) Village head confirm that, no one sold land, they merely sold out teak; 2) Though many Phon Xa Vat villagers and village head of Den Xa Vang said, teak and its land had been sold to outsiders?!. Two sides of land transfer may made informal contract without village head’s certification which do not register into village land book according to the laws. 12 “District authorities twice invited leaders from the two villages to district administrative office and Cadastral department on September 14th 2009, but they could not reach agreement. They had suggested to provincial authorities, but it was not solved successfully. Phon Xa Vat villagers wanted to raise 10 cows at Nha Kha Luang area, but villagers of former Nha Kha Luong did not agree. District Department of Agro-forestry recommended that, let Den Xa Vang villagers to raise animals there, but Na Xam Phan villagers did not follow. Only 5 Na Xam Phan households cultivate at their former village. However, whenever happen conflict, they call all villagers to involve” (Mr. Som Sac, district officer)

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conflicts, especially those belonging to traditional cultural spaces, e.g. sacred forest and cultivating land. If those problems are not timely resolved peacefully on the basis of community solidarity and customary laws, insecurity and conflict will be able to happen heavily in the future. If conflicts do not keep in term of land, not within separated small cases, but become conflict of beliefs, cultural systems of different ethnic group in a certain administration unit in a larger scale, popular phenomena, it will possibly happen ethnic conflicts and unexpected consequences. In order to respond well the mentioned situation, to solve problem successfully, a pilot model development programme with inter-cultural approach in villages of Den Xa Vang and Phon Xa Vat is highly necessary. This should aim at setting up methodology and recommendation for the government to consider, apply to improve their policy making and implementation at macro scale to solve popular problems. The mentioned programme should encourage and maximize the role, reputation of elders, who are key actor of traditional social structure and customary law, which is core element of traditional institution. That approach will release overload tasks for the government while community’s initiatives and capacity will be enhanced for better resolutions of their own problems in a durable, feasible and peaceful way.

2. Shortage of cultivating land

Causes

As mentioned at the above problem of “the overlapping on land and forest use and management” which not only cause to conflict overland, but lead to shortage of cultivating land. Therefore, resettled households and new establishing households cannot get land for cultivation at the areas of old villages of Nha Kha Luong and Long Ngau.

Cultivating land which has been allocated permacnent land use certificats to households is changing from grain cultivation to teak and rubber plantation13. Then land with teak and rubber is transferred freely to outsiders. This is one of the main reasons of shortage of cultivating land

New establishing households increasingly grow while preserved land in Den Xa Vang is limilted Phon Xa Vat has not any preserved land for new established households. According to Phon Xa Vat villagers, there is no more area for expanding land for cultivation in their village. Now there is only preserved cultivating land exists at Long Ngau and Huoi Noc watershed area. However, overlapping of land still remains as mentioned above, so villagers cannot access land to cultivate, because grain cultivating land at Nha Kha Luang and Long Ngau was taken by Na Xam Phan villagers for their cattle raising. If overlapping problem is solved, villagers who lack of cultivating land in Phon Xa Vat will be able to get enough land for grain crops.

13 Villagers confirm that, this is main cause of shortage of land for grain production.

“I am a typical person for disagreement against tax

payment and involvement in any government activities or

implement their policies. They moved us down, but only

offerred us one plot of field, we have not enough cultivating

land, so how can we survive? We have suggested, but

government officers merely promiss several times without any results” Mr. Nenh Chia,

Den Xa Vang village said

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Consequences Shortage of cultivating land of Den Xa Vang and Phon Xa Vat is resulted from land overlapping14 between Phon Xa Vat and former Long Ngau; Den Xa Vang and former Nha Kha Luang village. Recently there are 22 households in Den Xa Vang and 16 households in Phon Xa Vat facing shortage of cultivating land. They are households who resettled to merge into new village or new establishing households. Most of them also lack of food, unstable life and they have to sell labour to rock exploitation companies15, rubber plantation or sell labour seasonally16 in Luang Prabang city. Resettled households in village merging programme react explicitly to the government agencies, who have not allocated land to them. They often refuse to pay tax and do not involve in government programmes?

Some households have to borrow land for cultivation for some years. Some households previously had 3 plots of field, and then sold out one plot, or some had 2 plots, sold out one. They simply transfer yellow land certificate, but do not report and get certification of village leaders to hide away from taxation. Therefore village leaders cannot update and manage real situation17. Shortage of cultivating land cause pressure to take forest for making new fields or expand current fields.

3. Shortage of drinking water and polluted water Drinking water system in Den Xa Vang

The first water supply was supported by EU to be built in 1996, which takes water from Huoi Hia. Second water system was built in 2002, which takes water source from Huoi Yen, but there is not available water. This system was supported by EU to be repaired in 2004, and takes water from Huoi Noc source.

Construction process: Village suggested in writing to district authorities for drinking water system construction (1996-2004), then district officers were sent to check water source. After finding out fresh water source, district officers made estimation and suggestion for EU financial support. District officers came to discuss on responsibilities of villagers. The project supported technically, and construction company was in charge of design18. Villagers were responsible for making holes, cover water pipes, contribute needed wood and contribute labour for fixing water system. After one month of guarantee, construction company transferred the system to the village. Villagers did not know amount of money for construction and procedure of transfering water system. According to design, there should be three water container tanks (at the top source, middle

14 Government allocate land on Long Ngau and Nha Kha Luang to resettled households who newly merged into Den Xa Vang, Phon Xa Vat. Because of overlapping, villagers could not cultivate. 15 About 20 to 25 households sell labour regularly sell labour to rock exploitation company in Phon Xa Vat village. 16 Each of the villages of Den Xa Vang and Phon Xa Vạt have 10 households often work at leisured time as construction workers at Luang Prabang city. 17Five households moved from Huoi Noc to live in Vang Vieng. Then they sold out their land to Na Xam Phan villagers. 18 Mr. Pheng’s company constructed in 1996; Mr. Bun Thieng’s company carried out construction during 2002-2004. Those private companies hired district technicians and local labour for the construction work.

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of the system and farmost end of the village). However they have not built the middle one while provides reason that, water flow is strong enough, so there is no need to build this?!

Current situation: Water system built in 1996 is currently useful, but little water provision because of small pipeline. System from Huoi Yen source built in 2002 is useless because there is no water. Water system from Huoi Noc source operated well in three first months, then it is always broken down, villagers have to repair every four or five days. Because of regular water blockage, villagers turned up and exposed water pipeline on the ground. They use a bicycle basket to cover at the top water source for filtering and reduce blockage. Villagers have set up regulations of water management and a group of water source conservation. According to the regulation, each households contribute 2,000 kips per month. Villagers have discovered a violation case of unfix water pipeline for bathing, and applied a fine of 300,000 kips against that Phon Xa Vat violator.

Dringking water system in Phon Xa Vat

EU project supported to dig wells and a hand pump in the village for the first phase in 1980. That was suitable and sufficient for such a small village with little households.

Because of big increasing population since 1999, villagers faced shortage of water, and then they have to make suggestion to district authorities. District authorities asked EU for support construction in 1999, then EU project transferred budget to construction company of Mr. Phan after applying procedures, which are similar to those of Den Xa Vang. That drinking water system was broken after one year, and villagers repaired very difficultly because pipeline was covered more than one meter depth. During reparation, they dug and broke the pipeline. The pipeline is so small and blocked because of lime water, so villagers are unable to repair after several trying times. This pipeline system is unfixed and taken back to the village. The system consists of two water tanks, a water intake at the top water source and one water containing tank nearby community house in the village. There were four water providing points in the village in the first year, and then only one exists so far because of limited amount of water. Recently former Long Ngau villagers free their cattle and other animals at the watershed area, that make water source polluted.

Causes

Numbers of households increase three times (Den Xa Vang only had 30 households in 1996, now there are 93 households), so water is not available for such a large population. Villagers had a little opportunity to involve, discuss during designing and constructing water system. The designers did not pay respect and attention to contributing ideas of villagers. Without suitable exploration and design, water system became useless.

Protection and cleaning up at the top water source is not carried out regularly, so water is polluted.

Watershed forest is damaged because of pressure of broadening fields for grain crops. Water is polluted because villagers have not worked out agreement on watershed area use and management between former Long Ngau and Phon Xa Vat villages. Villagers from Na Xam Phan raise animals at the water source intake of Phon Xa Vat villagers.

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Free animal raising remains popularly in Den Xa Vang and Phon Xa Vat, though Den Xa Vang villagers started to make planning and organize groups of animal raising, some households still keep animals freely. This is one of the causes of polluted water that is used daily for drinking, washing.

Villagers have been using herbicide and pesticide for 5 years so far.

Consequences

Water source is increasingly exhausted, so it cannot serve the whole village. Villagers, especially women and children have to travel further and further for taking fresh water. Water source is polluted because of damaging forest, free animal raising at watershed area and herbicide application. Many children suffer from skin diseases because of water source.

Phon Xa Vat villagers use water from well for drinking. Only the first water taker may take fresh water, the next would take unclean water. This water source is not so good quality and easily become polluted because of free animal raising. Some children suffer from diarrhea and other digesting diseases because of drinking water that is not boiled.

4. Free animal raising

Causes

Free animal raising is inherent practices of Den Xa Vang and Phon Xa Vat villagers. Villagers did not have planning for pig raising. Though villagers have made planning for raising cattle, only households with many cattle follow to keep them in the planning area. Regulation19 of ban on free animal raising is not resulted from villagers’ discussion and agreement, then villagers do not follow.

Some people often buy and use pigs, chicken from outside to the village.

Consequences

Animal diseases often happen. According to district veterinary officer, who join needs assessment study, animal diseases happen every year in both Den Xa Vang and Phon Xa Vat. That is very different from Long Lan, where pig raising area is planned, strict regulations and supervision to prevent from importing outside food, animal seeds. Long Lan steadily keeps out of animal diseases for a long time, excluding a disease happened in 2003.

Excrement from free animal on the one hand pollutes environment, villagers lose a source of manure on the other hand.

Free cattle damage vegetable, crops of villagers, spread out animal diseases, it also affects negatively to community solidarity.

19 This regulation is set up in introduced by district officers.

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5. Cross-cutting issue

‘Respecting and inheriting local knowledge and participation’

As mentioned above, tribal people of Lao PDR have built their harmonious human – ecological life through several generations. They attain rich culture, abundant local knowledge, which set a foundation of the beautiful Lao country.

Since 1976 almost programs that have been implemented in the two villages have paid not or very little attention on respecting and inheriting local knowledge and participation which including their traditional values and belief practice, all respects of local knowledge and ways for livelihoods and daily practices. That caused to crisis of community beliefs, daily livelihood, healthcare and damage of inherent solidarity, sharing between different communities.

Practical indicators show that are ovelapping on land, forest and water useage; water constructions were not maintained well, villagers do not practice ‘community regulations’.

V. Outcomes from NAS from October 10th – November 2nd, 2009

V.1. Identified Objectives

The Overall Objective Strengthening and sustaining the cultural identity (traditional structure, norms, beliefs and community solidarity) and livelihood of indigenous groups (Mong and Kho Mu) in two village, Luang Prabang district which is towards equality within and outside of indigenous groups, particularly indigenous women in the process of self-determination of development for Mong and Kho Mu communities in Luang Prabang.

1.

Mid-term Objectives 1. Setting up pilots on enriching customary law in NRM among Mong and Kho Mu indigenous groups in two villages of the Phu Sung watershed area for sustainable NRM and for lobbying, of which ensures:

Maintaining and inheriting traditional norms, beliefs, community solidarity and communal governance;

Promoting and improvement of local livelihoods through enhancing local knowledge practices in farming, herbal medicine, handicraft, non-timber forest production collection, etc. for better jobs and income generations;

Sustainable use and management of natural resources (i.e. watershed, protected, productive and sacred forests, and farming) which indicate as empirical indicators for policy research, and training on customary laws in NRM for indigenous youths;

2. Contributing to raising public awareness (the formal system and society) for social recognition of and lobby for legalizing advanced customary laws in NRM of indigenous groups in Luang Prabang (i.e. Mong, Lao Lum and Kho Mu).

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Short-term objectives Capacity of villagers in identifying and analysis their problems, implementing, using and maintaining their own resources for livelihood security in Phon Xa Vat and Den Xa Vang will be improved through different short-term needs:

1. To resolve overlapping on land use planning based on local knowledge and customary laws which make sure land security to villagers in Den Xa Vang, Phon Xa Vat as well as villagers in Na Xam Phan for their beliefs practice and daily livelihoods. Overlapping of land between former villagers, who removed to other area, then came back their ancestral land and new merging villagers, who formally receive land certificate; 2. To mobilising villagers to contribute knowledge, skills and resources to improve water system in order to provide enough clean drinking water for all villagers of two villages;

3. To strengthen women understanding capacity in birth control (unexpected pregnancy and giving birth) by applying different suitable solutions, especially for Kho Mu women; 4. To improve knowledge, skills and effective in farming, animal raising, village sanitation relating to free animal raising and toilets through study tours, training, exchanging on husbandry, veterinary, and prevention of livestock diseases.

V.2. Solutions for problems in Den Xa Vang and Phon Xa Vat villages

1. Overlapping on land and forest use and managment According to ‘Thao Ke20’, the most important foundation is looking back history of sharing harmonious, friendly life of people, and basing on customary laws of Mong and Kho Mu. We cannot solve things through only legal justification while our feelings are not so good towards each other. Thao Ke also questioned that, why do parents generation spend time for quarrel, while their children like each other? We should solve those overlapping internally and friendly. This should base on community customary laws and the role of Thao Ke. Thao Ke suggested that:

1. Meeting between Thao Ke should be held in communities containing conflict and their surrounding communities, especially Thao Ke of Long Lan village to get reasonable advice and assistance. After this meeting, we will recognize what steps should be next. Thao Ke suggested Mr. Li Pao to coordinate and organize meeting between Thao Ke, so that to settle overlapping problems. We hope that, with solutions, that base on peaceful sharing, customary laws, and people will solve out conflict and maintain, develop inherent

20 Thao Ke is an elder who is reputable, knowledgeable persons in community.

‘Even national border disputes between Laos and

Vietnam; Laos and Thailand are resolved, it is reasonable to solve

such a little conflicts between communities sharing similar

culture within Laos’ - Elder Ly Pao – leader of Luang Prabang

Mong association.

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solidarity, sharing within and between communities. Reputable, influencing persons21 from district should be invited.

2. Then we will invite district authorities to certify our agreement. 3. This will become practical pilot model for sharing experiences, lesson learnt of how to solve overlapping problem for younger generations.

4. Set up regulations of land, water and forest use, management base on customary laws of Mong and Kho Mu. Those regulations should not only introduce within a certain village, but also to surrounding communities22.

5. Suggest relevant agencies to review land area in overlapping villages, then consider justifying border, to meet both requirement community ownership and legal land allocation in Den Xa Vang, Phon Xa Vat villages as well as Na Xam Phan village. This review and justify process should involve community representatives. Village representatives and district authorities should discuss to get suitable mechanism of land use and management for overlapping areas.

2. Shortage of cultivating land 1. Suggest to district authorities to check land areas and reallocate land to the landless;

2. Set up regulations, that forbid transferring land to outsiders, and restricts changing from food tree cultivation to such industrial plants as rubber and teak.

3. Find suitable cultivating way on current land situation, that does not depend on industrial plantation;

4. Set up regulations of forest protection, management base on customary laws and redo land planning;

5. Solve out completely land overlapping with former Long Ngau and Nha Kha Luang base on Mong and Kho Mu customary laws (see detailed solutions in above section).

3. Shortage of drinking water and polluted water

Den Xa Vang

1. Encourage contribution of labour, skills, money to upgrade existing water system.

2. Set up regulations of water system use, protection, management, collecting fee for managing and repairing the system, especially watershed area and water intake. The regulations should be introduced in community of Den Xa Vang, Phon Xa Vat and watershed areas.

3. Provide training on skills, techniques relating to maintenance and reparation of water system.

21 For instance, Mr. Xay Vu, Xay Ly in Na Xam Phan village. 22 Mr. Januly from Long Lan village said: Long Lan used to overlap land with Ca Xia village. Though we had discussed in district Agro-forestry department, but we could not come up an agreement. Then Long Lan set up regulations, but we could not implement well in the first year. Then some Ca Xia animals lost, we inform Ca Xia villagers to list number of their raising animals and exact location of their animals. If they failed to do this, we would not take responsibility for their losing animals. This is actually the way to apply regulations of Long Lan.

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Phon Xa Vat

1. Solve land overlapping and set up regulations on animal raising at watershed area of former Long Ngau village (see above solution in section 1).

2. Encourage contribution of labour, skills, money to upgrade existing water system. 3. Set up regulations of water system use, protection, management, collecting fee for managing and repairing the system, especially watershed area and water intake. The regulations should be introduced in community of Phon Xa Vat, Long Ngau where contain and water intake. 4. Invite technicians to assist fixing water system to the village. Provide training on techniques, skills for maintenance and reparation of water system.

4. Free animal raising 1. Study tour to common animal raising pilot model of Long Lan village and exchange experiences of setting up and implementing animal raising regulations;

2. All villagers discuss and agree on planning of village animal raising areas, or interest group, or common animal raising of groups of households as Den Xa Vang model.

3. Villagers involve in discussion, agreement, setting up and implementing regulations of animal raising, supervision and prevention from animal diseases. The regulations should be introduced in community of Phon Xa Vat, Den Xa Vang and traders, who take animals in and out of the villages.

4. Exchange experiences, training on prevention and treatment for popular animal diseases, especially encourage traditional methods and application of local herbal medicine.

5. Cross-cutting issue 1. Strengthening the understanding and capacity for key villagers of Den Xa Vang and Phon Xa Vat through study tours for villagers to Long Lan, Xiang Da, Nam Kha villages, which had coped with similar problem and successfully solved. This will help Kho Mu to recognize why they have to sell labour, sell land to afford their children’s education? Why is land so essential to Kho Mu community? How are cultural values meaningful to forest and vice versus? Then they will not sell land to anyone else, because if one sold out land, she or he would sell out their own values.

2. Inherit community spirits to reorganize community organizations to promote the role of elders. Redo community land planning and redo land allocation for landless villagers which is based on integrated between traditional customary laws and government policies. Cooperate with key-farmers from Long Lan, Xiang Da, Nam Kha villages for assisting development process of Den Xa Vang and Phon Xa Vat villages. 3. Set up regulations protection, use and management of land, forest, water resource, sanitation base on community customary laws for community self-management, which is similar to Long Lan lesson.

4. Expending lessons learned which are based on Long Lan village and the network of Mong (so-called Mong association in Luang Prabang) to Kho Mu group in two villages as well as their surrounding villages;

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5. Community regulations will not only be shared, discussed and introduced among each village, but also be shared and informed to surrounding villages;

6. Integrate and socialize community customary laws in natural resource management, cultural conservation and development for stronger village and inter-villages in a stable, self-sufficient, sustainable life.

V.3. Lessons learned from NAS23 To achieve the expected outputs from III.2.3.1 and III.2.3.224 in workshop of “customary based community development” platform, facilitator guided the process through five levels of activities A-D (see annex 3).

LEVEL A. Sharing with participants from other regions the concepts and contextual understanding of local cultural based community development and natural resource management. Step A1. There were two days (Oct, 10/11) of participatory learning involving SPERI/CHESH Lao juniors, K1A students, volunteers, seniors, experts and local authorities through role play activities and group discussion. Following this were two days (Oct, 12/13) of larger training workshops. Participants included three teachers from the Forestry and Agricultural department of Suphanouvoong University, high ranking Luang Prabang province officials from the communist party office, officials from the Cultural department, Forestry and Agricultural department, Investment department, important leaders of Lao Lum, Kho Mu and Mong, key farmers and elders from the villages Xiang Da, Nam Kha and Long Lan, those from the two new target villages of Den Xa Vang and Phon Xa Vat and staff and students of SPERI / CHESH. (Participants have been mentioned previously in the document) Five key issues were raised for discussion: 1) Cultural Identity, 2) Forest – Land and Water, 3) Livelihood, 4) Health and Happiness and 5) Industrialization. Participants were divided into groups, one group for each issue, they voluntarily chose what issue they would like to discuss and debate. After people had chosen their groups, we found that no one wanted to concern themselves with the key issue of Health and Happiness! This outcome perhaps reflects that currently

23 NAS = Need Assessment Study 24 III.2.31. To have a detailed image of the cultural socio-economic and healthcare situation of the communities in the two target villages; III.2.3.2. To understand challenges, problems, opportunities, potentials for development of the two villages in creation of a foundation for socialization and legalization of ethnic knowledge and belief in land and forest management in the two villages;

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in Luang Prabang, people, farmers, academics, authorities and NGOs are all feeling satisfied! So we went ahead in discussion and debate of four key issues: 1) Cultural Identity 2) Forest – Land and Water; 3) Livelihood; 4) Industrialization. Step A2. Recognition and learning about key issues by group discussion and critical debate inside the group: Group 1) Cultural Identity; Participants included elders, women from the village, officials from the Cultural department and one culturist from Vietnam. Group 2) Forest – Land and water; participants included local authorities and two teachers from the university. Group 3) Livelihood; participants included those from former Xiang Da, Nam Kha, Long Lan and farmers from the two new project village’s of Den Xa Vang and Phon Xa Vat. Group 4) Industrialization; participants included authorities, volunteers and experts from Vietnam - to share the challenges, threats and lesson learned including social and environmental problems as results of industrialization in Vietnam. After 7 hours of discussion and debate, the 4 groups presented their results in plenary in the morning of day two. Step A3. Plenary free debate and question time, group presentation, finding common problems and solutions. Lesson learned from plenary debates: Declaration A3.1. Cultural identity is interdependent with Forest – Land – Water which surrounds and supports the livelihoods of people. Without Forest – Land - Water, livelihoods, particularly farmers who are living in mountainous areas could not survive and Cultural identity would be eroded! Solutions A3.1:

1. Preserve Forest – Land – Water carefully in order to maintain livelihood and cultural identity and diversity;

2. Re-allocate Forest – Land - Water using approaches that are participatory and transparent.

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3. Give space25 for farmers to maintain their own ethnic knowledge and customary law in; nurturing forest, farming practice, herbal medicine practice, reinvigorating handicrafts for women and the practice of spiritual beliefs. Create opportunities for exchange to open up the possibility of the recognition by others of the value of ethnic knowledge and belief. Declaration A 3. 2. Forest – Land – Water at the current moment are facing many challenges including: shifting cultivation, replacement by rubber plantation, free market influences – the poor are selling land to the rich – for example – Chinese – American - rich businessmen! With such influences local people lack land for rice cultivation; threatening their basic survival. Cultural degradation and deforestation are also prevalent in this situation. Solutions A.3.2: 1. Calls for educational exchange tours of industry centers in neighboring countries for high ranking officials and local authorities to raise awareness of the dangers and issues in exploiting primary natural resources for industrialization and modernization as a State strategy and state policy lead land market between skillful buyer and poor farmer; 2. Capacity building for state specialized officers and teachers in University26 in order to change the prevalent attitude of applying one way top down decision making and planning without feedback from the bottom up through dialogue, debate and consultation;

3. Intensive learning and exchanging in order to again deeper of different cultural value for further approach and decision making for one year pilot of new coming two villages;

4. Interaction and networking with key farmers and elders of Xiang Da, Nam Kha and Long Lan27 to exchange solutions and train trainers. Declaration A3.3 Be careful with big projects such as mining, hydropower and commercial plantations, large operations have the potential to go wrong and destroy the environment, culture, livelihoods and values. We must understand who gains and who loses from these big projects. Solution A3.3: 1. Opportunities for high-ranking Lao officials to understand current impacts and issues of industrialization. The need to share the real benefits of industrialization between companies – people – the environmental and cultural aspect?!

2. Identification of environmental and cultural issues surrounding big industrialization projects and clarify these issues clearly and transparently with participation from the community as part of the decision making process. 25 Need to monitoring and re-evaluation almost Land and Forest’s overlap situation which raised by free migration before the war, topdown migration after the war without state professional master planning and bottom participation of people?! 26 Said: “We should not allocate land and forest to the farmer as they are backward and it is easy for them to sell that land to the outsider” – In the afternoon of October 14th, 2009 27 Key farmer and elders from Xiang Da – Nam Kha – Long Lan in coming three years will be “development worker” who coordinate and facilitate the new program in Den Xa Vang and Phon Xa Vat Phon Xa Vat

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LEVEL B. Xiang Da, Nam Kha and Long Lan key farmers, elders together with members from the new villages of Den Xa Vang and Phon Xa Vat sat together in order to continue to review the previous two days of workshop and reflect. (October 13 PM, 2009) Lesson learned from the talk: Step B 1.: Members of the two new villages revealed and reflected that there were gaps between them and other participants in the workshop; they are lacking land for farming, lacking opportunities to understand the outside world and suffering from hunger. They were unconfident in raising issues concerning their own suffering livelihood. Solution B.1. A selection of participants went on a field trip for two days to Long Lan (Oct 14th – 15th) for observation of real solutions and to listen to the elders and key farmers explain their development and conservation process from 1999 – 2009. From outcomes of the previous two days we clarified that there are 7 topics to explore at the village, as bellow: Topic 1: Herbal medicinal forest – Herbal knowledge and Herbal spirit, lesson learned in Long Lan.

Topic 2: No Song ceremony in relationship to traditional Mong social economic, political civil society structure and forest management in Long Lan.

Topic 3: ‘Tong Xenh’ religion and the conservation of biological and cultural diversity. Topic 4: Traditional methods of setting up and maintaining interest groups for; animal husbandry, handicrafts, water resource management, road maintenance and vegetable cultivation and marketing.

Topic 5: Application of traditional knowledge in Land use planning. Topic 6: Conflict resolution inside and outside the community.

Topic 7: How to become a new member of the village. Step B. 2. Elders addressed each of the 7 topics for everyone involved, outlining the main points involved in each with discussion and questions raised from other participants. Open debate one day and one day field transect cutting observation between farmer – elders of Long Lan, Xiang Da, Nam Kha, Den Xa Vang and Phon Xa Vat (October 14 – 15, 2009) Solution B. 2.

1. Opening talk from Elder Cho Sy Yang: A prestigious elder and official of Luang Prabang district. Thirty minutes given for introductions of all participants with a short outline of their reason for participation;

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2. During most of the day of the 14th October, elder and advisor Xay Khu Yang shared his experience and understanding of the above 7 topics and included a talk on the historical background of Long Lan; 3. In the morning of the 15th of October we continued to share and exchange views about the above topics, with the participation of two more village elders, some advanced farmers and more women; 4. In the afternoon of the 15th, we divided into two groups: 1) CHESH Laos and SPERI staff and two representatives from each village; who were to go to the garden up on the top of the mountain to learn about vegetable growing, cow raising and lemon grass. 2) Elders, some advanced farmers and facilitators with key prestigious elder Mr Xay Khu Yang sat together in order to listen and learn from the two new project villages. There are one key challenge and three difficulties of the two new villages that were outlined from the two day exchanging – debate and field observation as the following:

A key and the most urgent challenge is conflicts over farming land between Kho Mu of both Den Xa Vang and Phon Xa Vat with Mong who were resettled 20km away in 199928 but have since come back to practice on their traditional lands which are now in the territory of the two new project villages;

Three difficulties: 1) Cleaning water for drinking; 2) Spaces for livestock husbandry; 3) lacking basic survival for children to go to school;

After discussion, all elders including Xay Khu Yang and advanced farmers, together swore to be involved in further hand in hand NETWORK ACTION.

Step B.3. There was an overview before continuing on to visit the next two villages. Divided in to three groups: 1) Cultural identity and livelihood; 2) Cultural and Land Use for farming; 3) Cultural and Land ownership situation - (see detail fields groups information founded – October 16 – 17, 2009) Solutions B.3.1: 1. Plenary meeting to overview social – economic, cultural and livelihood factors by key village leaders and farmers in both Den Xa Vang and Phon Xa Vat; 2. Mapping of the village, transect diagram analysis in both village; 3. Individual interviews and group checking and whole village meeting in both two village;

28 Resettlement without participation and consultation from farmers, especially push two different identities Kho Mu and Mong living in one community – top down to Mong psychological heart, then Mong moving to another place near by Nam Kham road 20 km away

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4. Women’s meetings to raise issues from their perspective, on the evening of 16th in Den Xa Vang and on the 17th in Phon Xa Vat.

5. Youth meeting for open debate among girls and boy in order to observe their own psychology and their dreaming for their own future?! Key findings from B.3.1: B.3.1. a. Due to two challenges29 (stated below) which interact at the macro policy level we recognized the need for Visionary Planning and case study research on “Land policy and resettlements of Mong and Kho Mu in Northern Lao PDR since 1975 - 1996 - 1999 – 2004 – 2006” : 1. Lacking of Land for livelihood farming from Overlap of farming land of those who have resettled “bureaucratic resettlement 1975, combination in 1996, land allocation 1999 and mixed identity 2004, so called community development policies since 1975 – 1996 – 1999 – 2004 - 2006” without participation and transparent master land use planning and administrative management system;

2. Conflict over land for livelihood since 2005 between Kho Mu and Mong in both villages due to the bureaucratic resettlement 1999 and market lead land 2006; B.3.1.b. Due to two issues30 (stated below) we recognized the need for strategic planning for a good resolution, which needs the coordinated involvement of a diversity of stakeholders. 1. Farmers in both villages have been using herbicides since 2005 up until now without any monitoring or control from the local authority;

2. The villagers are selling land for their children to go to school without consultancy or advice from the local authority. B.3.1.c. Four urgent basic issues present the need for action planning to provide basic conditions for survival in the two villages 1. Tourist companies entered and creating conflict31 between villagers;

2. Family planning32 is a big issue as women can buy birth control medicine at any local shops nearby without any control or instruction from local governmental health care;

3. Three different sanitation projects overlapped each other (EU, State and Korean donor) there was

29This challenge was not addressed by Phon Xa Vat and Den Xa Vang during open shared at Long Lan discussion?! 30 Den Xa Vang and Phon Xa Vat using herbicides since 2005 and selling land for children can go to school are also did not honestly shared at Long Lan discussion?! 31 Worse impact from tourist companies and inducing conflict between villagers was not mention openly at Long Lan discussion 32 Family planning, overlapped between EU – Korean and State in water drinking system also did not honestly addressed at Long Lan open discussion

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little participation from or consultancy with the villages. As a result of this insensitivity to the villagers the systems fell into misused and caused villagers to feel mistrustful.

4. Short-term urgent needs are to provide the two villages with a clean drinking water system and a clinic in their own condition

Step B.4. We returned to the two villages for further interviewing, re-examination of cross cutting issues and plenary village meetings, to get feedback from the villagers and check accuracy and confirm all key findings. We also signed up advanced farmers and youth to participate in future training workshops. October 24th, 2009 Solution B.4. 1. We divided in two groups, one for each village in order to present our key findings and receive feedback from the villagers and pose further questions.

2. There was the objective to gain more information on challenges, conflicts an key factors related to the 7 key topics ?which they have been mentioned since 1975 up until now, with the details of how and why they occurred and who were the key actors involved. Some of the questions that we saw as important are as follows:

What solutions would the farmers propose if they had the conditions, resources and opportunity to solve by themselves the issues that have been identified?

How will the experienced elders and key farmers from Long Lan village involve in future networking actions and solutions related to the key topics?

How can Kho Mu elders and key Farmers in Nam Kha village share in problems solving with the two new villages?

How can CHESH Lao and local Luang Prabang district and province officials provide legal and methodological support?

How can we share with BfDW about these 7 key topics;

How can Suphanuvoong University enter into these issues with new research programs relating to policy analysis and create urgently needed new teaching topics concerning cultural identity and natural resource management for the Luang Prabang region?.

How can we share and exchange with other NGOs in Lao about lessons learned in relationship to the issues that were identified at the two villages. How have they been working with issues that require long term solutions? (This section has been framed as questions for villagers, a few of these questions sound like questions for us, revise framing?)

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Step B. 5. Information analysis, interpretation and processing, after two weeks of involvement with “Community based watershed management” at CHESH Lao office during October 25, 26th,27th and 28th 2009 Solution B. 5 1. Each group summarized the details of the information gathered and the lessons learned during past two weeks; 2. Plenary presentations at CHESH with Lao staff and Mr. Phon Thip a coordinator of PAFO;

3. Problem tree diagram analysis carried out to find appropriate solutions.

4. Synthesis of group output into a visionary master plan to meet upcoming challenges. Creation of an action plan for further meetings with elders, key farmers and newer villages corresponding with LEVEL C?! LEVEL C. Connecting Elders, village leaders and advanced farmers from Den Xa Vang and Phon Xa Vat to those from Nam Kha, Xiang Da, Long Lan, representatives of the Mong association and Luang Prabang district officials for a training workshop and consultancy; to give feedback, reflect and offer solutions on the difficult issues that face the two villages. October 30th - 31st, 2009

Solution C. 1. Reflect on the Key findings and concerned raised from last two week assessments study in two villages in plenary presentation and work on problem trees with open debate and critical analysis;

2. Divided two village in two groups discussion for “participatory awareness raising and capacity building by open sharing and debate on the key findings and problem trees analysis”; 3. Plenary presentation of outcomes and get feedback from the participants in half AM October 31st; 4. After tea break, divided in to two groups: 1) Group one involved of Key Elders and dynamic farmer in order to deepen gaining and understanding above key finding and causes, consequences trees analysis; 2) Group second involved of selected advanced villagers, women, youths and village leaders who has been involved from the beginning of October 11th of the Need Assessments Study period, they continue to discuss another three identified problems, causes, consequences trees; 5. A plenary discussion and debate in order to across confirmation of the whole problems, causes, consequences trees analysis and solutions for further steps in order to finalize a master planning of action in one year pilot;

6. Participatory selection of key farmer, elders and dynamic person who are involving in the further strategic approach for one year pilot schedule;

7. Meeting amongst elders, selected experienced farmers, dynamic women, youth in order to get to know for further network action;

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8. Administrative and logistic such list full names and address, take portraits and record telephone of those for later communication and contact;

9. Make arrangements for a meeting with participant who are teachers from Suphanouvoong University and Luang Prabang provincial and district officials including Mong association representatives for presentation of findings from the two weeks of assessment study – suggested November 2nd, 2009. LEVEL D.

Involve Teachers from Suphanouvong University, officials from Luang Prabang district and provincial level and Mong association representatives in a plenary meeting with key farmers and elders from expand network, suggested in November 2nd, 2009.

Solution D. Identify and prioritize long term challenges with visionary planning and gain support from PAFO, the Mong association, CHESH Lao, BfDW, Suphanouvoong University and RCSD from Social science faculty, Chiang Mai University. Conclusion by Facilitator (see details: annex 4).

V.4. Strategic planning 2009 - 2019 1. Strengthening & enriching customary law based watershed management to meet values (traditional cultural identities) crisis and land use planning questions (security farming system for livelihood of the poor)?!

2. Upgrading & documenting experiences and lesson learned in to curriculum for learning and teaching at FFSs (household – community – regional levels) to meet grassroots’ traditional education system of the poor?!

Outcome indicators 1. A key findings problems, causes, consequences and solutions be recognized by two

villages, key farmer network, PAFO, CHESH Lao, and Mong association representative;

2. A Memorandum of Understanding between SPERI/CHESH Lao - PAFO – and RCSD1 (see details: annex 5);

3. A listed 10 Kho Mu youth from Den Xa Vang, Phon Xa Vat and Nam Kha with their personnel file under committed and supported of parent and legal support in the filing system of PAFO and CHESH Lao office;

4. An Advisory council of reputable elders, representative of Mong association, dynamic farmers be selected in cooperated with PAFO – CHESH Lao for further action (see details: annex 6);

5. A coordinator’s group be established for network action in further schedule (see details: annex 6);

6. Community based/customary law based natural resource management concept be recognized and valued by almost participants after almost 23 days started October 10th to November 2nd, 2009 of Need Assessments Study.

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3. Professionalizing concept – definitions and approaches in to publication for sharing and exchanging to meet globalization’s dominant?! (Traditional healthy and happiness of the poor)?! 4. “Scientific Council” in order to supervise for 10 year planning to meet weakness of SPERI during working approach?! (to avoid any mistakes during working approaches)?! 5. Contribute to grassroots’ PArticipation Share responsibility for Transparent and Equality – PASTE in Mekong region.

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Annexes

Annex 1: Policy Review Time Policy and Events Before 1975 Shifting cultivation:

- People used to practice shifting cultivation according to their own ethnic customs and practices;

- Most of people had to move around because of war. Management, use and practice of land based on customary laws of each ethnic groups.

1975-1976 Stabilization after war: - Lao Government formally managed after war; - Started resettlement activities; - People self-decided on location of village settlement of different

ethnic groups (Mong, Kho Mu, Lao Lum, etc. )

1985 - 1995 Start renovation, transforming from planning to market economy: - 1989: Series of policies on resource management, especially

focusing on limitation of shifting cultivation. - Resettlement without participation and opinion contribution from

people. - Gave up communal administrative level. District level took

direct management of village; - Opium eradication (basically at Mong ethnic group). EU projects

and others supported people to give up opium, including 1) land and forest allocation to villages and households; 2) drinking water;

- Customary laws in land and resource management were not formally approved by Lao Government. Allocation of cultivating and wet rice land in Den Xa Vang and Phon Xa Vat villages basically relied on villagers’ report of their traditional cultivating land (temporary allocation in 1999). Formal land allocation (with yellow land certificate33) was carried out in 2006.

1996 Merging villages (small villages merged into bigger village; higher villages merged into downward villages). - Forestry law was passed in 1996 and Land Law in 1997. Those two

laws replaced all related former laws and regulations regarding to land and forest;

- No participation and opinion contribution from people; 33 Owner of yellow land certificate obtain the following rights: land protection right; land use right; land usufruct right; right to transfer to the right, land use right inheritance – according to Article 53 of Land law.

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Time Policy and Events - Opium eradication; - Overlapping of border (in term of ownership perception and

practices) between traditional existence and state policies of land and resource use and management. Though government allocated to households and individuals, but many among them could not practice their rights because the allocated land belonged to other traditional owners. This lead to complicated conflicts: 1) traditional owner continue their practice of land using for the reason of inherit of their ancestor land. Practically people accept this de facto status; 2) People with government allocated land got formal land certificate. However, those formal allocations cannot work in practice because of old traditional land user and community consent. Households with formal allocated land often send recommendation to village and district authorities for resolution. However, land overlapping still exists.

1999 - Temporary land allocation to households and villagers. People reported their land using area to district cadastre, then district authority granted land certificate base on the villager’s report. Practically villagers did not report, or report their land area less than actual use because they could not afford tax34?!

- Objective of land and forest allocation: o Management; o Tax collection.

2004 - Instruction No 09 of Lao Revolutionary People Party dated June 8, 2004 on building up village and developing group of villages, which contain the following main contents:

o 1) Strong political system (having Party branch, strong administration, Fatherland Front, youth union, women union and village reconciliation body;

o 2) Defence and security; o 3) Economy; o 4) Socio-culture;

Village merging process physically calculates number of households and villagers35 to ensure sufficient number households

34 Household without reporting land were not granted temporary land certificate in 1999 and formal yellow land certificate in 2006. So, they have no rights to transfer, mortgage according to Lao laws. They often transfer inside community (if transfer happen). Whoever did not report would not pay tax to Government because there was no base for tax calculation and collection. The question is still not answered clearly that, is it true that, no transfer land to outsiders if there is no formal yellow land certificates?! 35 According to Instruction 09, a village should have at least 200 villagers in highland; 500 villagers in low land; and 1,000 inhabitants in cities.

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Time Policy and Events of a new merging big village. Different ethnic groups (Mong and Kho Mu) merged into one village, but they did not ready integrate in terms of culture, social relation and production organization. The new resettlement communities do not have spaces for practicing their beliefs, daily habits in the new merging village. It turned out that, Lao Government’s objective of cultural identity maintain and development was unable to interpret and achieve in reality. Communities, villages cannot keep and promote their inherent effective self-management system, which links closely to their cultural identity values and daily practices.

- Moving and merging villages resulted in compulsory resettlement or free resettlement without planning, so the government cannot control situation.

- Restriction of slash and burn fields. 2006 - Formal land allocation to households’ base on temporary land

allocation result of 1999. Formal allocated land area (in yellow certificate) is popularly smaller than actual using area.

2009 Unstable livelihood of local people in terms of: - Land - Belief and cultural identity - Environment - Daily practices - Rights? - Formation of land market.

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Annex 2: Visionary Analysis and Inter-Cultural Community Development Approach

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Annex 3: Diagrams to describe steps of level A to D

Understanding different values

Learning gaps between stakeholders

Presenting topics & cross cutting debates

Over viewing progressive understanding & attitude

Grouping interest & concern via group discussion

Clarifying inter-action within & between topics

Justifying clearly topics by examples – simple practice

Observing, listening real holistic & specific behaviour from stakeholders regarding topics

OCT 12&13, 2009

For Stakeholders Step B - Level B

Find appropriated& adaptable steps & touching ‘C-D-CD’

Valuing wishes-prayer-will-opinion-revealing-sensitivity

Intention, design, aspiration though dream, interaction, knowledge, interest and concern, skill, attitude, behavior

Perceiving differences-diverse psychology from participation

Gaining real interest and concern from participants (diverse)

Exchange SWOT concerning ‘C-D-CD’ via role play -> listening universal truth

Sharing gaps between differences ‘C-D-CD’ via full respect in different ways

Under who is who (different levels & stakeholders) ‘C-D-CD’

Learn cross-cutting basic concept ‘C-D-CD’ via participatory & self-defining

OCT 10&11, 2009

For Development workers Step A - Level A

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?!

Traditional resettlement

Ownership overlapping

Urgent super needs (conflict over land)

Urgent basic needs (clean water, sanitation, clinics)

Urgent intermediate needs (land for farming)

Urgent advanced needs (daily food, selling labour)

OCT 21st, 2009

Level D (0)

Commitment Network Action

Engaging & concerns

Finding common concerns

Integrated challenges to challenges from different topics

Applying psychological reconciliation by new village prestige, leader of Kho Mu, elder Xay Khu

Bridging Farmer to Farmer for sharing problems & lesson learnt (Kho Mu, Lao, new with experienced villagers & pilot demonstration of Long Lan, Xiang Da and Nam Kha)

Transect cutting themes for learning between farmers

Workshop to exchange & represent SWOT between farmers

OCT 14&15, 2009

For Network Action Step C - Level C

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Basic awareness of cultural identity in daily life

Basic understanding interlinkage between land & livelihoods (including culture, environment and food)

Basic recognition of why and how farming land is essential foundation for livelihoods

Basic realization why hunger – why selling labour for food?

OCT 21st, 2009

Level D (2)

5. Inviting local authorities, Long Lan elders, Mong association, CHESH Lao and all villagers 4. Supervising and training workshop with local authorities and all villagers to find needs and concern in structuring and restructuring 3. Exchanging by study tour to Nam Kha, Xiang Da, Long Lan for observation and lesson learnt 2. Inviting traditional elders: Mr. Xay Khu Zang (Mong), Xom Lit (Lao Lum), Thong Phay (Kho Mu) 1. Connecting Mong, Kho Mu key-farmers from Long Lan, Nam Kha and entrepreneur – Mr. Xom Lit

How basic solidarity of inter-cultural community should be driven

Basic community development

Basic recognition of identity & values

Basic awareness raising and capacity building for all household farmers in land planning and traditional appropriate farming practices

Basic stable land area for daily farming practices (include inter-generation)

Basic stable survival without selling labour for daily food (sanitation, drinking water, clinics, kindergarten)

OCT 21st, 2009

Level D (1)

5. Sharing contradiction over land for daily life by seeking reconciliation 4. Upgrading/ capacity building for stable/ confident community structure 3. Applying community values/ capitals in hunger alleviation (Kho Mu) 2. Integrated common values regarding natural spirits/ customary law in daily practice 1. Strengthening solidarity/ psychology & ideology of inter-cultural community (Kho Mu, Mong, Lao Lum)

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Healthy – Happiness – Security – Self-determination

Basic regulations / respect of group setting for practice

Basic interest and concern group setting

Similar basic needs and difficulties to share between farmers

Similar basic interest and concern between farmers

OCT 21st, 2009

Level D (3)

5. Planning - indicators - achievement – monitoring – evaluation 4. Connecting closely with LPB authorities, Mong association and CHESH Lao 3. Setting up Key-elder Regional Council – Key-farmer Executing Group 2. Outsourcing share – learn – experts - trainers and revolving TOT 1. Workshop meeting 1999-2009 KF – Elders – CHESH Lao – local authorities

Initiate basic CBO-CBI

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Annex 4: Conclusion by Facilitator for Level A What is Community Based Watershed Management?

• Interaction between community life and watershed survival • Natural watershed forest offer biodiversity spaces for community ’s customary

laws practicing their daily basic needs • Natural watershed forest offer nutrition flows: foods, vegetable, herbal, natural

dying, cotton, animals, insects, oxygen, water…for community’s cultivating and livelihoods

Why is Community Based Watershed Management?

• Natural watershed forest offer green and clean environment for community’s air • Natural watershed forest is the life and the survival of community as the holistic. •• CCoommmmuunniittyy nneeeeddss nnaattuurraall wwaatteerrsshheedd ffoorreesstt ffoorr tthheeiirr mmaatteerriiaall aanndd ssppiirriittuuaall lliiffee •• CCoommmmuunniittyy wwhhoo lliivvee wwiitthh nnaattuurraall wwaatteerrsshheedd,, tthheeyy lliisstteenniinngg aanndd uunnddeerrssttaannddiinngg tthhee

wwaatteerrsshheedd ffoorreesstt •• TThheeyy bbuuiilldd tthhee iinntteerraaccttiioonn lliinnkk vviiaa tthheeiirr kknnoowwlleeddggee,, wwiissddoomm aanndd eexxppeerriieenncceess wwiitthh

nnaattuurraall wwaatteerrsshheedd ffoorreesstt dduurriinngg lliivviinngg ttooggeetthheerr •• TThheeyy vvaalluuiinngg tthhee nnaattuurraall wwaatteerrsshheedd aass tthheeiirr ssuuppeerr ppoowweerr ooff bbeelliieeff •• MMaannyy eetthhnniicc mmiinnoorriittiieess vviieeww tthhee nnaattuurraall wwaatteerrsshheedd ssuucchh tthheeiirr ssuuppeerr mmootthheerr

Conservation and Development

Interaction between conservation & development! Why? Tendency to turn back to traditional belief and religion of different identities in

conservation & development Integrated traditional belief and religion/customary law in to legislative making

system in conservation & development

Development in the Mekong region included Luang Prabang has led to exploitation of natural resources

• Road construction and Dam Construction • Cash Crops & extractive industries (Rubber, Cacao, etc) • Urban expansion lead consumerism of young population • Poor group who are direct suffered from “development” without heritage –

traditionalism Forest Resource Management

• Less people participation and less based upon customary law and practices • Less Land Use Planning

Poor groups are under threat

• Access to Forest resource is limited to them

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• Livelihood security is problematic (more dependent) • Migration to Urban areas – (selling labors – slavery? • Cultural identity erodes – (imported ridiculous behavior – manner – cultural –

replace traditional value)?! • Local knowledge in forest use be ignored • Ethnicity & diversity be decreases • Forest is “bio – diversity capital” for poor groups

Conservation & Development

• Forest is “bio – diversity capital” for poor groups • Without forest, poor groups will have less chance to survive in the future • Local knowledge and their belief system should be carefully studied • Their participation in resource management should be supported by authority • Studies why & how poor groups to belief on their own nature – tree spirit, land

spirit, water spirit and mountain spirit. How to interaction

• Offer participatory in to the Conservation & Development processes • Customary law based resource management?

– What Tendency to be?! • State law – based resource management

• How community participation given place? • What Community forest law will be declared

• Joint watershed management is efficient and dynamic?! • Before expanding need to study very careful the areas and target people • Interaction solutions will be help Mekong as well as Luang Prabang resource

management in harmonious ways.

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Annex 5: MoU between RCSD/CEDS, PAFO’S CHESH-LAO & SPERI Development Cooperation between

RCSD/CESD, PAFO’s CHESH-Lao and SPERI A trip to Chiang Mai from Luang Prabang October 26th – 29th, 2009

Background: Based on a ten-year of development cooperation between PAFO – Luang Prabang and CHESH Laos/SPERI under academic supported of RCSD since 1998 concerning “Customary law and natural resource management in Luang Prabang” 1999 – 2009; Based on the evaluation of 10 year CHESH Laos/SPERI working in Laos by Independent Consultant36 from May 11th to June 15th, 2009; (reference to the Independent evaluation report by Independent team May 11th to June 5th, 2009 in Luang Prabang); Based on recommendations from the ten-year development cooperation which was reviewed at a Conference of CHESH Lao/SPERI held in Luang Prabang between PAFO – Luang Prabang and CHESH Laos on the issue of “Enriching customary law in watershed management in Luang Prabang” in March 28th to April 3rd, 2009; (reference to CHESH Lao – PAFO 1999 – 2009 of “traditional cultural based community development” report and documentation); Based on the outcomes from Need Assessments Study from October 5th to 25th of two new villages of Den Xa Vang and Phon Xa Vat in – where Kho Mu, Mong and Lao Lum are living together in Luang Prabang district, Luang Prabang province of Lao PDR; (reference to outlines of Need Assessment Study in two new villages of Den Xa Vang and Phon Xa Vat – Kho Mu – Mong and Lao Lum from October 5th to 25th, 2009 information); A trip to Chiang Mai with aims to submit to Ajran Chayan – Director of RCSD to discuss about co – responsibility with CHESH Laos/SPERI and PAFO – Luang Prabang in order to gathering initiatives “Enriching customary law in forest management and bio-diversity preservation” in Luang Prabang specific as well as enlivening across Northern Lao – Northern Vietnam and Northern Thailand; (reference to a minute of discussion between Dr Chayan, Ajarn YUA, Ajarn Joni and Mrs. Tran Thi Lanh and Mr. Duong Quang Chau in October 27th - 29th, 2009 at RCSD office)

36 Ms Catharine, Mr. Nguyen Cao Cuong and Dr Doan Minh Huan – Independent Consultant involved

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Time: from 27th to 29th, October 2009 Place: RCSD office, Chiang Mai University, Chiang Mai – Thailand Participants:

1. Ajarn Chayan 2. Ajarn Jony 3. Ajarn Yua 4. Ajarn Tran Thi Lanh - SPERI 5. Ms.Amema Saeju- CESD 6. Ms. Piang- Or Sripetch 7. Mr. A La Dua, Mong – CESD staff 8. Duong Quang Chau - SPERI

Objectives of a trip 1. To have a cooperation agreement of key concerns regarding “Customary laws and community forestry management” between RCSD/CESD and CHESH Laos/SPERI in coming three year which based on PAFO – Luang Prabang and CHESH Lao MOU’s 2006 – 2009 – 2012; 2. To have specific follow up actions regarding coming three year 2009 – 2012’s program under “ Enriching customary law and community forestry management” across Northern Laos – Thailand and Vietnam; Expected output after three years A guideline manual of Local practical knowledge and natural resource management based teaching and training methodology; A pilot of co-research between PAFO – RCSD/CESD – CHESH Lao/SPERI in “Customary law and natural resource management” in Long Lan case of Luang Prabang province A co – responsible sharing on internship for SPERI students who come to RCSD/CESD for training and writing on Local practical knowledge stories and natural resources management; A co – publication on the issue “Local knowledge practice and natural resource management” between PAFO – CHESH Laos/SPERI and RCSD/CESD under RCSD/CESD’s publication’s responsibility.

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Methodology of the discussion RCSD/CESD invite Ajarn YUA THAO – Mong cultural Elders in Maesamai village – Chiang Mai district and Ajran Joni ODOCHAO – Karen Elder in Maewing sub – district of Maewang district – Chiang Mai province with their younger students such DUA from CESD, MIMI – Lisu female staff and PIENG – female staff of Ajran Joni and Ajarn YUA. CHESH Lao/SPERI presents an outline from a Need Assessment Study of two new villages in Luang Prabang province – Den Xa Vang and Phon Xa Vat communities from October 5th to 25th, 2009; Mrs Tran Thi Lanh to present PAFO – Luang Prabang and CHESH Laos/SPERI -1999 – 2009 brief over viewing and coming 10 year cooperation with regards to address the need for co – contribution of teaching and curriculum building methodology from Dr Chayan’s think tank such RCSD/CESD of Faculty of Social Science – Chiang Mai University; Ajarn Joni – Karen elders and Ajarn YUA – Mong cultural elder play the role as feedback to the presentation and open discussion on how to deal with further cooperation on the issue of: “Customary law and natural resource management” in Northern Laos – Thai and Vietnam; Outlines by Memorandum of Understanding after two days discussion and agreement as bellow:

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Memorandum of Understanding

THE REGIONAL CENTER FOR SOCIAL SCIENCE AND SUSTAINABLE DEVELOPMENT - (RCSD) AND THE CENTER FOR ETHNIC STUDIES AND DEVELOPMENT - (CESD) Address: Faculty of Social Science, Chiang Mai University, Chiang Mai 50200 – THAILAND

Tel: +66(0)53943595

Fax: +66(0)53893279

Email: [email protected]

LUANG PRABANG PROVINCIAL DEPARTMENT OF AGRICULTURE AND FORESTRY OFFICE - (PAFO), LAO P.D.R Address:

Tel:

Fax:

Email:

THE SOCIAL POLICY ECOLOGY RESEARCH INSTITUTE – (SPERI)/ CHESH-Laos program. Address A4, Ngoc Khanh village, Pham Huy Thong Street, Ba Dinh district, Hanoi-Vietnam.

Tel.: +84-3-7717367

Fax: +84-3-7715691

Email: [email protected]

SPERI based approach of further 10 year cooperation with Luang Prabang province via Luang Prabang Agriculture and Forestry Office (PAFO) and RCSD/CESD – Chiang Mai University: After achievements of a ten-year programme which was reviewed at a conference on “customary laws based special forest management” held in March, 2009 in Luang Prabang, Laos, which facilitated by Dr. Chayan Vaddhanaphuti, with participations of Key farmer, Elders, youths, scholars, researcher, authorities, media and NGOs in Lao, Vietnam and Thailand. A key achievement indicator of a ten-year programme is “Mong customary law in Biodiversity and watershed forest management is legislated” by authority of Luang Prabang – Laos”. There are over 8.400 ha of the special forest in limestone under management by Mong – Long Lan customary law. The recommendations

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from this conference was calling for enlivening and socializing this pilot demonstration in larger across Mekong countries. SPERI/CHESH, with her 10 years cooperation & development with Luang Prabang, Laos PDR, and over 10 years of learning and cooperation with RCSD – Chiang Mai, we understand that, both of us concerning similar challenges which faced indigenous and minority people in Mekong. Therefore, we come to Chiang Mai to discussion with Dr. Chayan and his staff in order to finding further common solution in order to share and contribute with indigenous minority in Mekong countries incoming three years. RCSD/CESD based on a common value with SPERI and Luang Prabang authority concerning poverty and deforestation towards: 1) Objectives; 2) Target groups; and Training strategies in Mekong region. Following development cooperation in coming three years will be focused on: RCSD/CESD, PAFO and SPERI are entering into the Agreement for strengthening research and training capacity for staff and students of SPERI/CHESH-Laos.

Main contents of agreement as following:

I. RCSD/CESD agrees:

1. To facilitate a training workshop on “Teaching methodology based on local knowledge practice and indigenous elders – youth”, SPERI staff in Vietnam and Laos and invited participants. Expected outputs will be detailed guidelines manual document;

2. To be co-responsible for carrying out a research on customary laws on Natural resources management in Long Lan village, Luang Prabang province, Laos. This case study will be co-published by PAFO, SPERI/CHESH-Laos and RCSD/CESD in Thailand;

3. To facilitate six to eight-month non-degree training program for “Young Indigenous Ethnic Leadership Strategy = YIELDS” who graduated from the Farmers Field School in Human Ecology Practiced Area - HEPA, Ha Tinh province, Vietnam. Scholarship sources will be contributed by different stakeholders;

4. To facilitate “ An internship program included Mekong exchanging travel for SPERI staff who come for learning and writing case studies in Vietnam and Laos;

II. PAFO agrees:

1. To be responsible for legalities under Lao legal framework for this MOU;

2. To be responsible to link and mobilize participations of relevant staff, organizations (e.g. government bodies, technical services, research-educational institutions, media, etc) in the process of the cooperation;

III. SPERI/CHESH-Laos agree:

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1. To be co-responsible for inviting participants and all expenditure cost for a training workshop on Teaching methodology based on local knowledge and forest management which will be organised in Luang Prabang in December, 2009;

2. To be co-responsible for carrying out a research on customary laws on Natural resources management in Long Lan village, Luang Prabang province, Laos.

3. To be co-responsible for providing scholarships and selecting students who will take a non-degree program at RCSD/CESD;

4. To be co-responsible for providing scholarships and selecting staff who will take an internship program at RCSD/CESD;

IV. Others: This MOU which includes six pages (three pages of background and three pages of MOU) is made in witness of full agreement between the RCSD/CESD and SPERI according to the above memorandum of agreement. This MOU is made in English and each party keeps two original copies.

For PAFO

Be signed

For SPERI

Be signed

For RCSD/CESD

Be signed

Mr. Somphong Pradichit Director of PAFO

Luang Prabang 30/10/ 2009

Mrs. Tran Thi Lanh Founding President of SPERI

Chiang Mai 29/10/ 2009

Dr. Chayan Vaddhanaphuti Director of RCSD/CESD Chiang Mai 29/10/ 2009

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Annex 6: Network Action After 23 days working intensively with farmer (fields and workshop), participants found out 15 participants in the team who are undertaken the following action plan of the NAS. The team of 15 participant spend November 1st full day to review the whole process of NAS so far, selecting 1) advisory council who are prestige leaders/ elders; 2) coordinator group who are experienced farmer from period 1999- 2009 in Nam Kha, Xiang Da, Long Lan and advanced new villages; 3) participatory discussion in order to find the ways for coming action plan

Participatory selected Advisory Council and Coordinator Group November 1st AM, 2009 Strategy 1: Participatory selected Advisory Council Advisory council will select youth female and male under council’s standard who are assisting council to connect with Coordinator Group to work direct with the poor. (Mong association leader will be invited to involve with council in order to gain experience and lesson learned so far 1999 -2009 on how they have skill of organizing and facilitating among citizen to hand in hand to gather in order to enlivening their own customary law in social – economic – natural resource management?! Action 1: Criteria of Advisory council: Advisory council who is prestige and committed with community, engaging their life in order to nurturing and supporting community values in voluntary and self-accountability. Community trust him or her whenever they faced challenges and difficult. Action 2: Function of Advisory Council Advisory council advices and provide 1) strategic approaches; 2) maintaining and nurturing community values such customary laws; 3) monitoring & evaluation of any community development cooperation with outside; 4) Finding the right young who are continue to nurture community values in the adapting progression; 5) Council task is independent function from coordinator group. Strategy 2: Participatory selected Coordinator group Action 1: Criteria of coordinator group Coordinator group has to be involved in 1) official village leader at new villages; 2) women representative; 3) youths – female and male; 4) advanced farmer who had been addressing their dynamic involvement during two weeks working under Need Assessment Study from October 10th to 31st, 2009; 5) key farmer who are actively 1999 – 2009 period; 6) Trained youth (female and male) from Long Lan, Xiang Da, Nam Kha period 1999 – 2009 of CHESH Lao/ICCO. Coordinator group will select CHESH Lao’s staff under coordinator’s standard who is helping coordinators to transfer project activities, mission and vision to practice at two villages.

Coordinator groups who are insighting and sympathetic with the poor, experienced enough from the period 1999 – 2009 in the area of negative influence by outside world to the poor, good attitude, and behaviour in observation, communication and inspirational approaches

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Action 2: Function of coordinator group 1. Assisting and practicing strategic priorities from Advisory council under participatory

and customary law based approaches; 2. Take over monthly financial management and arrangement from PAFO – CHESH

Lao by their own action planning;

3. Updating, connecting, coordinating and informing from the bottom up’s evident, information, situated problems and solutions to both Advisory council and PAFO/CHESH Lao in order to stimulate the “customary law based community development’s quarterly;

4. Organize interest group, community meeting for learning, open cross - monitoring in order to catch up action plan’s input – output’s monthly;

5. Coordinate a meeting between Luang Prabang Mong association – Advisory Council of Inter –cultural Kho Mu and Mong, Vietnam – Lao’s customary law and natural resource management network under MECO-ECOTRA; and Chiang Mai Mong and Karen’s representatives half yearly;

6. Presenting “customary law based community development’s findings and submit to local media, local education, local policy implementation’s representatives and connect to Suphanouvoong’s teachers in forestry and cultural department

7. If possible, linkage with Asian people forum and direct connect with General secretary Mr. Surin in Jakarta – Indonesia?!

8. Set up schedule in order to invite partner who are donor such ICCO and BfDW to evaluation independently;

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Action 3: Participatory Action planning November 1st to December, 2009 No. Activities Expected outputs Time Participants Main responsible Notes 1. Study tour to Long Lan,

Xiang Da, Nam Kha villages

1. Methodology of setting up regulations on land, forest, water management in Long Lan is learnt

2. Methods of fund raising in Xiang Da learnt

3. Methods of building up sanitation village and cultivation of Nam Kha is learnt

1/12 to 7/12/2009 - Den Xa Vang: 10 people - Phon Xa Vat: 9 people - Na Som Phan: 4 people - Mong Association: 2 people

Somlit (Xiang Da), Hum Phan (DXV), Bun Pheng (PXV)

2. Training for capacity building and TOT

Elders get more experiences for sharing, training for youths at the villages. Knowledge of villagers is improved

10/12 to 16/12/2009

See footnote37

Noi and Phonethip

3 Check legal procedures of land allocation for cultivation, livestock raising

Having procedure document, maps of three areas: Nha Kha Luang, Long Ngau, Den Xa Vang

2/11 to 30/11/ 2009

Phonethip Somvan

4 Check land certificates of Having information of land 2/11 to 30/11/ Villagers of two Humphan, Phui

37 Long Lan village: Mr. Say Khu Zang, Januly; Phon Xa Vat village: Mr. Bun Pheng, Sang Lau; Den Xa Vang village: Mr. Hum Pheng, Siengsa; Vietnam elders: Ha Van Tuyen, Leu Van Trong, Hoang Seo Cau; Mong association: Mr. Ly Pao, Mr. Xay Xua Ly; Luangprabang officers: Mr. Cho Si Zang, Duangchan; Suphanuvong University: Mr. Sihanuvong; PAFO: Mr Som Phong; CHESH Lao: Ms. Noi, Mr. Phonethip, CHESH VN: Mr. Le Van Ka, Nguyen Cong Huan, Pham Van Dung, Giang Seo Su, Nguyen Thi Hoai Thu, Robert Gray and 5 elders, participants from Thailand.

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No. Activities Expected outputs Time Participants Main responsible Notes Den Xa Vang, Phon Xa Vat villages

allocation, area, land certificates of the two villages

2009 villages

5 Check livestock situation in Den Xa Vang, Phon Xa Vat

Having classification of livestock

2/11 to 30/11/ 2009

Villagers of two villages

Humphan, Phui

6 Make recommendations to district cadastral department for allocation of land to landless

Households without having been land allocation will be allocated

1/12 to 30/12/ 2009

Village head of the two villages

7 Study situation of Na Xam Phan village

Having information of situation of Na Xam Phan villagers

25/11 to 30/11/ 2009

Mong Association, Mr. Somlit, Xaykhu

Mr. Lypao

8 Solve land conflict in two areas of Long Ngau and Nha Kha Luong

Land conflict in the two areas are solved with certified agreement

From 12/2009 to 6/2010

Province, district and villages.

Advisory Council, Coordination board

9 Solving water shortage in the two villages

Available fresh water for Den Xa Vang, Phon Xa Vat villages

1/2010 to 5/2010 Villagers of two villages

Mr. Humphan, Phui

10 Set up regulations of livestock raising

Having regulation in Den Xa Vang, Phon Xa Vat villages

1/2010 to 5/2010 Villagers of two villages

Mr. Humphan, Phui

11 Set up regulations of land, forest, water management

Regulations of Phon Xa Vat, Den Xa Vang villages area set up and certified by district authorities

7/2010 to 12/2010 Villagers of two villages

Mr. Humphan, Phui

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Annex 7: Questions of justice for the poor and Kho Mu’s challenges

No. Timing Questions 1 Until 02-

12 - 1975 1. How Kho Mu communities in LPB38 were practicing their values

towards their own landscape? What kind of landscape they look for their own existence? How their landscape look likes? Midland? Mountain highlands? Flatland? Primary natural? Watershed? Special forest? Slop land?

2. What values (Belief, Religion, Norm) Kho Mu worship for? What kind of landscape (trees, stone, tend, herbal forest, stream or animal that Kho Mu select to worship for their own belief?

3. How Kho Mu was organizing their own society in order to worshiping their own natural?

4. What is their own customary law towards their own worship? 5. How they performance their own belief in daily – seasonally –

yearly or in any occasionally? 6. Mind mapping to addressing Kho Mu steps of belief – religion

under their own organized way in general diagram 7. What daily norm that Kho Mu stimulates their own generations

from one to another in order to practice their values system? 8. What and how the role of Lao State towards Kho Mu at this

moment? 9. How Kho Mu indicated their own wealthy – happiness and

Healthy? And how Lao state indicated the nation values and happiness?

10. Is there any official constitution – laws – degrees concerning to Land, forest, water and other resources and how these policies were look likes? Were natural resources defined by any legitimacy situation at that moment in Lao? Is there any official paper written down on natural resources situation. Ownership at that moment?

2 1975 -

1985 1. How Kho Mu communities in LPB were practicing their values

towards their own landscape? What kind of landscape they look for their own existence? How their landscape look likes? Midlands? Mountain highlands? Flatland? Primary natural? Watershed? Special forest? Slopland?

2. What values (Belief, Religions, Norm) Kho Mu worship for? What kind of landscape (trees, stone, tend, herbal forest, stream or animal that Kho Mu select to worship for their own belief?

3. How Kho Mu was organizing their own society in order to worshiping their own natural?

4. What is their own customary law towards their own worship? 5. How they performance their own belief in daily – seasonally –

yearly or in any occasionally? 6. Is there any policy which be practiced in any Kho Mu community

in Laos at this moment? Resettlement? Combination with Lao Lum

38 LPB = Luang Prabang

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No. Timing Questions or Mong?

7. If yes, how these policies be applied and implemented? Is there any indicator to reflect or measure that was bottom up learning and consulting attitude from district – provincial or central decision making processes?

8. How these policies were treated/behave with Kho Mu then? Give an example in box very detail?

3 1985 - 1995

1. How Kho Mu communities in LPB were practicing their values towards their own landscape? What kind of landscape they look for their own existence? How their landscape look likes? Midlands? Mountain highlands? Flatland? Primary natural? Watershed? Special forest? Slopland?

2. What values (Belief, Religions, Norm) Kho Mu worship for? What kind of landscape (trees, stone, tend, herbal forest, stream or animal that Kho Mu select to worship for their own belief?

3. How Kho Mu was organizing their own society in order to worshiping their own natural?

4. What is their own customary law towards their own worship? 5. How they performance their own belief in daily – seasonally –

yearly or in any occasionally? 6. Is there any policy which be practiced in any Kho Mu community

in Laos at this moment? Resettlement? Combination with Lao Lum or Mong?

7. If yes, how these policies be applied and implemented? Is there any indicator to reflect or measure that was bottom up learning and consulting attitude from district – provincial or central decision making processes?

8. How these policies were treated/behave with Kho Mu then? Give an example in box?

9. Is there any psychology conflict from mixed Mong with Kho Mu living together?

10. If yes, please record telling stories from elders in Kho Mu or Mong language?

4 1995 -

1999 1. How Kho Mu communities in LPB were practicing their values

towards their own landscape? What kind of landscape they look for their own existence? How their landscape look likes? Midland? Mountain highlands? Flatland? Primary natural? Watershed? Special forest? Slopland?

2. What values (Belief, Religion, Norm) Kho Mu worship for? What kind of landscape (trees, stone, tend, herbal forest, stream or animal that Kho Mu select to worship for their own belief?

3. How Kho Mu was organizing their own society in order to worshiping their own natural?

4. What is their own customary law towards their own worship? 5. How they performance their own belief in daily – seasonally –

yearly or in 6. Is there any policy which be practiced in any Kho Mu community

in Laos at this moment? Resettlement? Combination with Lao Lum

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No. Timing Questions or Mong?

7. If yes, how these policies be applied and implemented? Is there any indicator to reflect or measure that was bottom up learning and consulting attitude from district – provincial or central decision making processes?

11. Is there any psychology conflict from mixed Mong with Kho Mu living together?

12. If yes, please record telling stories from elders in Kho Mu or Mong language?

13. How these policies were treated/behave with Kho Mu then? Give an example in box

5 1999 - 2004

1. How Kho Mu communities in LPB were practicing their values towards their own landscape? What kind of landscape they look for their own existence? How their landscape look likes? Midlands? Mountain highlands? Flatland? Primary natural? Watershed? Special forest? Slopland?

2. What values (Belief, Religion, Norm) Kho Mu worship for? What kind of landscape (trees, stone, tend, herbal forest, stream or animal that Kho Mu select to worship for their own belief?

3. How Kho Mu was organizing their own society in order to worshiping their own natural?

4. What is their own customary law towards their own worship? 5. How they performance their own belief in daily – seasonally –

yearly? 6. Is there any policy which be practiced in any Kho Mu community

in Laos at this moment? Resettlement? Combination with Lao Lum or Mong?

7. If yes, how these policies be applied and implemented? Is there any indicator to reflect or measure that was bottom up learning and consulting attitude from district – provincial or central decision making processes?

8. Is there any psychology conflict from mixed Mong with Kho Mu living together?

9. If yes, please record telling stories from elders in Kho Mu or Mong language?

10. How these policies were treated/behave with Kho Mu then? Give an example in box

6 2004 - 2006

1. How Kho Mu communities in LPB were practicing their values towards their own landscape? What kind of landscape they look for their own existence? How their landscape look likes? Midlands? Mountain highlands? Flatland? Primary natural? Watershed? Special forest? Slopland?

2. What values (Belief, Religions, Norm) Kho Mu worship for? What kind of landscape (trees, stone, tend, herbal forest, stream or animal that Kho Mu select to worship for their own belief?

3. How Kho Mu was organizing their own society in order to worshiping their own natural?

4. What is their own customary law towards their own worship? 5. How they performance their own belief in daily – seasonally –

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No. Timing Questions yearly?

6. Is there any policy which be practiced in any Kho Mu community in Laos at this moment? Resettlement? Combination with Lao Lum or Mong?

7. If yes, how these policies be applied and implemented? Is there any indicator to reflect or measure that was bottom up learning and consulting attitude from district – provincial or central decision making processes?

8. Is there any psychology conflict from mixed Mong with Kho Mu living together?

9. If yes, please record telling stories from elders in Kho Mu or Mong language?

10. How these policies were treated/behave with Kho Mu then? Give an example in box

7 2006 - 2009

1. How Kho Mu communities in LPB were practicing their values towards their own landscape? What kind of landscape they look for their own existence? How their landscape look likes? Midlands? Mountain highlands? Flatland? Primary natural? Watershed? Special forest? Slopland?

2. What values (Belief, Religion, Norm) Kho Mu worship for? What kind of landscape (trees, stone, tend, herbal forest, stream or animal that Kho Mu select to worship for their own belief?

3. How Kho Mu was organizing their own society in order to worshiping their own natural?

4. What is their own customary law towards their own worship? 5. How they performance their own belief in daily – seasonally –

yearly? 6. Is there any policy which be practiced in any Kho Mu community

in Laos at this moment? Resettlement? Combination with Lao Lum or Mong?

7. If yes, how these policies be applied and implemented? Is there any indicator to reflect or measure that was bottom up learning and consulting attitude from district – provincial or central decision making processes?

8. Is there any psychology conflict from mixed Mong with Kho Mu living together?

9. If yes, please record telling stories from elders in Kho Mu or Mong language?

10. How these policies were treated/behave with Kho Mu then? Give an example in box

8 1999 –

Land allocation supported by EU

1. How the process of Kho Mu assert their own land and forest assets – self-inform their own land for land allocation to authorities in 1999?

2. What methodology based EU program in Land and forest allocation in Luang Prabang?

3. Khơ Mú self – inform and measure their Land and forest areas by what criteria?

4. When Kho Mu selling their land, what based criteria, they measure

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No. Timing Questions their land? Who measure the land areas for them? Who witness and what legal based to selling land? How much land areas will be legal permission for sell?

5. Legitimacy situation of the mapping? 6. What happen with self – statement overlapped between households

after selling land to outsiders? 7. What happen when overlapped between traditional ownership and

resettlement land given by resettlement program from the state without full responsibility? What happen to overlapped mapping and top down bureaucratic bordering

8. What happening if territory border in theory and practice are overlapping?

9. What happening if overlap then how taxes going on? 10. What and how happening if farmer are not self – statement their

land areas? Because they do not enough capacity to pay land taxes?

11. Farmers who do not self-inform could not get land title? 12. Because farmer could not able to pay land taxes lead does not

stating their own land area? 13. Farmer does not have land title, it means that farmer could not

selling land? 14. To want to selling land, it must to be self – statement land areas? 15. Production land with tech plantation will have the right to selling?

How the processes going on? 16. Tech plantation, selling tech, it means selling Land? How this

process going on? 17. How EU’s approaches to the assert Kho Mu’s land assets in Kho

Mu case? 18. How EU and Lao state valuing Kho Mu assert their own land for

legitimacy process? 19. How local authorities of LPB to monitoring assert to land title of

Kho Mu? 20. How Kho Mu valuing Land for making their own assert to their

own Land assets title? 21. How different value and aware faced Kho Mu due to their

voluntary assert of Land? 22. What consequences hidden from this assert to Land title since

1999? 23. How local Land department of state monitoring and reviewing? 24. What – why and how motivation leads Kho Mu selling Land? 25. From what kind of Land title Kho Mu selling to outside? 26. Is there any situation of land transferred? If yes? How the process

look likes? 27. Who is buyer? Give detail mind mapping of selling and buying

process? 28. How buying and selling situation with Kho Mu land title now? 29. Under what, whose criteria and how to measure land for selling

and buying?

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No. Timing Questions 9 What is

key challenges

1. How Kho Mu daily surrvival today after selling and buying without controlled?

2. Since market lead land, how Kho Mu and Mong are living together in one located?

3. Since market lead land, how Kho Mu in relation with Mong who are resettled out?

4. Since market lead land, how Kho Mu in relation with free middlemen?

5. Since market lead land, what and how conflict happened daily in Kho Mu?

6. Is there any intervention from local governing?

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Annex 8: Detailed reports on culture, social and economics in Den Xa Vang and Phon Xa Vat

Cultural structure of Kho Mu people at Den Xa Vang and Phon Xa Vat villages, Luang Prabang district, Luang Prabang province, Lao PDR

Note 1. Cycle of 10-day calendar of Kho Mu people includes: Mu Hoai, Mu Mung, Mu Put, Mu Cat, Mu Cot, Mu Huong, Mu Tau, Mu Ca, Mu Cap, Mu Hap. Taboo day is the next day of the village founding day, so Phon Xa Vat take Mu Hoai and Den Xa Vang take Mu Huong as their taboo day. Villagers do not go to forest, cut tree, do field that day. 2. Different location of worshipping and various offerings depending on different kinds of spirits. Among spirits, Hoi gang (home spirit), Hoi ma (spirits of souls) are the most appearing. 3. If two ends of bamboo pieces are linked as completed cycle, that is good sign, village location is decided, otherwise, people should choose other location in case of separated bamboo pieces. 4. If rice maintain their location or only one rice is separated, it is good sign. If only a peeled rice moved away, people do not choose the location due to bad sign.

Phu Pha No belief Pa Lieng Pi ho belief

Croigang belief Community spirit

Orderly norm

Collect land for a house

Provision of village

settlement Provision of Con Cham Provision of

clan Provision of Croimon

Provision of funeral

Calendar and taboo

Provision of spaces in

house

Provision of marriage Provision of

giving birth

Provision of illness

treatment

Provision of ceremonies

Elder, who is wise, understands

customs and voted by villagers

Person, who can find kind of spirits that cause illness

Villagers contribute offerings, decide on

time. Con Cham decide offering

amount and worship

Croimon identifies spirits, Con Cham

worships 2

One taboo day for every 10 days1

Husband take herbs, children’s cord is kept

3 days in bamboo tube, then hung on

forest trees

One husband and wife. Free choice of

spouse. Parents decide date of

wedding. 3 year stay at wife’s (in the past)

Select tomb at broken tree branch in

sacred forest. A ceremony at the tomb after 10 days of burial

Guests do not enter owner’s room; not lie

down under altar

Put 1 peeled rice and two rice in to a hole,

observe next morning to decide4

Council of reputable persons discuss to decide

clan affairs

Two elders accidentally link two ends of 10 bamboo

pieces, observe and decide3

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Belief of Kho Mu people There is one sacred mountain named Phu Pha No in Den Xa Vang village. This is a rocky mountain, which contains water source at the bottom. The water source is not stable, water merely exists four months per year (during September to December).

Den Xa Vang villagers tell a legend of sacred Phu Pha No as the followings: Long time ago, Heaven spirits and the human got disagreement at once. One night lots of heavy rain, strong wind, lightening appeared. Villagers saw golden bamboo shoots appearing on the mountain. Then human know how to be afraid of and care for the Heaven spirits. They think that this rocky mountain is a sacred area, and name it Phu Pha No, that means mountain of golden bamboo shoots. Whenever villagers hear sound deriving from top water source, there will be surely a death in the village. Some people did not believe, they tried to clear forest for field at the sacred area, but they died soon after action. That consolidate villagers’ belief in the legend.

Water source at the sacred forest looks fresh. Villagers used to take this source for drinking. In 1950s villagers saw a lot of white monkeys running at the top water source. Then a lot of villagers died of fever, so villagers removed from this village to live in other areas for some years. Since this event, villagers no longer use this water source for drinking.

Whenever villagers feel something wrong, that offend sacred forest spirits, they need to prepare offerings and worship at the sacred forest. Currently there is no worshipper (Croimon - spiritual leader, who recognize which spirits causing illness) in Den Xa Vang village, therefore villagers have to invite worshipper from other villages, such as Bo He or Phon Xa Vat.

Kho Mu people in Den Xa Vang adopted the following main belief:

- Buddhism.

- Pi Pa (forest spirits): community join Lieng Pi Ho ceremony in July and December.

- Worship mountain spirits whenever someone suffer from illness, because they believe that people do not care for spirits well, so they are punished.

- Seven households in Den Xa Vang follow Protestant. Mong people, who merged into Den Xa Vang village also join community ceremony of Kho Mu people.

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There is a sacred area at Phu Pha Khao (mountain of White Heaven) in Phon Xa Vat village. The worshipping area is called Lieng Pi Lao, means care for, feed spirits. There is a big sacred tree (May Xieng tree) and a top water source, which has water seasonally and many rocks at the sacred area. Villagers chose this area, they considered this as sacred, so no one dare to cut tree at this area. Villagers have discovered some skeletons at a cave above the sacred tree, so villagers are afraid to go to that cave area.

Phon Xa Vat villagers worship village spirits on July 10th every year. Offerings consist of one pig of three spans or two chicken, 4 bottles of wine. All villagers contribute to buy pigs, wine. If they have to use chicken instead of pig, Con Cham will worship forest spirits to forgive villagers because villagers have not good yield this year, so they do not have pig to offer to spirits. Family of illness invites Con Cham to worship forest spirits at Phu Pha Khao. Only Con Cham can worship at this area, because people think that spirits can simply recognize Con Cham and accept offerings while others cannot contact and be recognized by spirits.

Tourist can visit Phu Pha Khao, they have to follow community regulations. They are not allowed to cut trees or do such wrong things as defecating or having sex there.

Area for Lieng Pi Ho ceremony is separated from Phu Pha No (where worshipping spirits for illness treatment is carried out) in Den Xa Vang village. Sacred forest in Phon Xa Vat serves both Lieng Pi Ho ceremony and worshipping spirits for illness treatment. The praying words are various depending on purpose of each worship though only Con Cham is a unique person to worship. In Lieng Pi Ho ceremony, Con Cham prays for community goodness, no diseases, good crops. In worshipping for illness treatment, Con Cham offer spirits with offerings, to chase out bad things and pray for successful treatment.

Cemetery is a sacred space, so everyone should not cut tree nor do bad things there. Whenever Mong people invite Kho Mu people to join their Tong Senh ceremony, Kho Mu people will come and vice versa. Kho Mu in a certain can involve in Lieng Pi Ho of other Kho Mu villages. Lieng Pi Ho used to be held for three consecutive days in Phon Xa Vat village. Recently it is held for two days. People from other villages may involve in worshipping in the forest, share food, dance and stay overnight in the village and come back home the next morning.

Taboo - Death outsiders, including son-in-law of the villager are not allowed to be burried

in the village. - Outsiders should not go under fireplace frame, because it is belief that spirits exist

on that place. This taboo is not so strict today.

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Mu Hoai

Mu Cap

Mu Hap

Mu Mung

Mu Put

Mu Cat

Mu Cot

Mu Huong

Mu Tau

Mu Ca

- In the past each house used to have two stairways, so one should go up and down on the same stairway.

- Outsiders are not allowed to lie under home altar.

- Outsiders should not enter householder’s bedroom.

- During three-day ceremony of new house entering, everyone should not enter the house except worshipper and his assistants.

- Lie along the house under top roof is prohibited, because only death body is placed that direction. One should lie with the head inside.

- Den Xa Vang villagers maintain a taboo day of Mu Huong. This is the next day after the first day of village resettlement. According to Kho Mu traditional calendar, a cycle of calendar takes 10 days, so each month should contain 3 days of Mu Huong (see the above diagram). Similarly, Phon Xa Vat villagers keep taboo day of Mu Hoai. Villagers should not go and work in forest, nor work on field, nor thresh rice in the village in taboo day.

Good days are Mu Hap, Mu Cot, people prefer to hold wedding, set up (finish) house, resettle village or carry out other great events.

Bad days are Mu Ca, Mu Cat.

Selection of land Kho Mu people worship their ancestors (Hing) at the house altar and kitchen frame. They choose land for setting up house by digging a small hole at the intended place, then putting two rice seeds and one peeled rice seed in the hole, covering with some leaves. They will check the seeds the next morning. If the peeled rice seed is moved away, that is not good sign, people do not choose that land area. If three seeds keep the same position or only one rice seed is moved, it is good sign, so that plot of land is selected.

Depend on economic situation, people can whether offer pig or not in land breaking ceremony for building a house. However they should hold a ceremony for entering a new

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house. House owner should kill pig or cow to offer spirits and invite villagers to join attaching bracelets for solidarity and praying for happiness.

Select land for village settlement: Two elders attach 10 bamboo pieces. If two ends of bamboo pieces are linked as completed cycle, that is good sign, village location is selected, otherwise, people should choose other location in case of separated bamboo pieces (see above illustrated picture).

Villagers choose suitable day for holding Lieng Pi Ho ceremony, Con Cham decide on types and amount of offerings (e.g. rice, wine). There is an assistant to help Con Cham to inform Con Cham’s decision to villagers and prepare things for Con Cham’s worshipping in the forest.

Community structure While village head is essentially in charge of administrative management, Con Cham and Croimon are traditional spiritual leaders of Kho Mu people. They become spiritual foundation for villagers, they act on behalf to all villagers to contact, pray before gods, spirits for good luck and give up bad things.

Con Cham: Con Cham of Den Xa Vang village is recently Mr. Siangsa and his two assistants, elder Theng Savang and elder Siangkham. Con Cham of Phon Xa Vat village is elder Thao Nhuôn, 84 years old and his assistant, elder Siengkham, 83 years old.

Elder Thao Nhuon has been keeping his Con Cham position for 13 years. Elder Siangsuc used to be Con Cham of Phon Xa Vat village. During his term, villagers are annoyed by spirits and diseases. Since elder Thao Nhuon’s keeping Con Cham position, villagers feel more stable. Villagers pay great respect to

elder Thao Nhuon. They believe that, Con Cham is very powerful spiritually, he can chase out bad spirits to gain village good luck and provide illness treatment. Two years ago a villager, who did not believe in spirits went to forest to dare spirits that, no spirits can touch him. Unluckily and incidently, a part of his intestine was stuck out that night. Hospital doctors could not diagnose well or give treatment, so they suggest that man to come back village for traditional treatment. Croimon then recognized that, the man offended forest spirits and was sanctioned. Then Con Cham Thao Nhuon went to the forest to worship, and that man was cured. Con Cham Thao Nhuon does not know a lot of herbs, he is good at selecting right place and applying right

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worshipping way according to diagnosis and suggestion from Croimon Thoongsi. Recently there are no Kho Mu herbalist in the two target villages though there used to be some. Herbalist should practice herbs well and set up a herbal altar for regular worshipping to herbal spirits.

Once a district officer came to told villagers that, they should give up worshipping, that is considered to be superstitious. Villagers replied: we need to maintain our traditional way of illness treatment, we can cure some illness, that is unable to be done by hospitals. That is our customs, we should not give up.

Con Cham is voted by all villagers. Con Cham should be a respectful wise elder who understand Kho Mu customs, worshipping words and contacting to forest, mountain, stream spirits. If Con Cham cannot keep his reputation, or feels tired, cannot assure his task, villagers will vote another one. Con Cham shows younger generation sacred areas and educates them to follow customs, tells them consequences if they do not follow. Kho Mu people believe that, if spirits are let hunger, they will cause diseases to peopele. Therefore, people should feed spirits that also means they should keep forest and nurture their nature. Spirits do not require much, they simply need (eat) symbol of pig, so villagers do not necessarily offer big pig, then offering of small pig is possible. They do not require lots of money, so some silver coin is enough, after ceremony they can keep and reuse for the next. After diagnosis of Croimon, Con Cham will base on the result to worship accordingly. Each type of spirits should be worshipped at a certain specific place. For instance, forest spirits should be worshipped at high place with offerings of a red cloth and covered leaves. Cemestry spirits need rice, wine, candle, a cigar, betel-nut. Home spirits need sam thuc, sam man, sam cam, sam tong, that means three boat-shaped silver coins, three bamboo tubes with wine, three jars of trunk wine, three round silver coins and a pig of three spans. Hoiom (water spirits) should be worshipped at low place, with offerings of red cloth, white chicken, because water spirits are believed to like white chicken. People should offer five khan-ha (funnal-shapped banana leave box), joss-stick made from old cloth. Con Cham use chicken’s blood to paint at the worshipping place. Elder Thao Nhuon said, he has learnt and just follows his parents and ancestors to apply such worshipping offerings as betel-nut, candle or joss-sticks while he does not know the meaning behind of those offerings. He experienced some cases of uncessful worshipping and treatment, then he checked the offerings and discovered some shortage, so he had to prepare enough and worshipped again to success.

Elder Thao Nhuon feels not much difficult to complete his status of Con Cham. He feels responsible whenever a villager gets sick. Assistant observe closely Con Cham’s worshipping to learn and continue in the future while most of villagers do not concentrate well to learn.

Con Cham Siengsa is in charge of taking care for Lieng Pi Ho ceremony of Den Xa Vang village. There is one altar set up nearby a big tree in the sacred forest. The big tree inclined and was about to collapse to the altar.

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Recognizing threat, elder Siangsa pray to spirits for the tree not collapsing and destroying the altar. Then, that tree collapsed other side and did not destroy the altar in a heavy storm. A strange thing is that, cattle rarely go to sacred area, and never eat there though there are lots of good grasses.

Croimon: Den Xa Vang village has no worshipper (Croimon), so whenever villagers need to recognize causes of illness they have to invite Croimon from other villages. There is one Croimon in Phon Xa Vat village, elder Thoongsi Chant’re. According to elder Thoongsi, Croimon recognize the following types of spirits:

1. Hoi om is water or dragon spirits 2. Hoi pai is spirits of pregnant or poor death persons

3. Hoi pi luong is spirits of people die at pagoda 4. Hoi ta mong is spirits at bottom of rocky mountain

5. Hoi xa ong is spirits of big trees

6. Hoi ro man is spirits at cemetery

7. Hoi gang is home spirits. Each couple should worship to introduce bride-new family member to home spirits.

8. Hoi ma is spirits of people’s soul 9. Hoi chin t’rai is spirits of heaven

10. Hoi r’him is spirits of death from such sudden accidents as shooting, falling from trees or hunger, so spirits require people to offer food.

According to Croimon Thoongsi, Hoi gang, Hoi ma are the most popular. People believe that, they get illness not because of doing bad things, but because of their hungry ancestors’ spirits, so their children get illness.

Croimon have two ways to diagnose:

1. Use an egg and a bow of water to see. 2. Use pong (candle made from deserted bee wax

without any bees living there). The wax should be attached to a tree in the forest. Kho Mu people think that, bees go everywhere, so they see everything. If bee wax original location is unclear, Croimon will not see clearly and cannot get good diagnosis.

Croimon sets fire on pong to light on the ill person and says: bees go several places, see a lot of good lucks, see spirits clearly. Croimon uses pong, together with two boxes made from banana leaves, which contain good smell flowers and

saong saysuoi containing tree branches; betel-nut and lime. Bad smell flowers should not be used.

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Clan: The two target villages have the following main clans: Tamong, Simom (name of a bird), T’ravai (tiger), Tava, X’loc (Tanglo bird), Chant’re, Tahap (fish trap). Tamong is the largest clan in Phon Xa Vat village (33 households). There is a council of 10 reputable persons to discuss and decide on important affair of the clan. Each clan have their own legend to explain their origine, belief, totem and customs. For instance, T’ravai do not touch, catch or eat tiger meat. They believe that, if they ate tiger, their teeth would drop out, if they touched tiger, their skill would be wounded. Tava clan do not touch or cut Tava trees. When children go to the field, they want to understand why they are not allow to cut totem trees or touch a certain animal the adults need to explain by telling their clan legend. Recently radio in Kho Mu language often tell Kho Mu stories, including each clan’s legends. Therefore, almost every Kho Mu people know their totem.

Ceremonies, festivals

Lieng Pi Ho Lieng Pi Ho is held in July, after finishing seeding. Offerings include traditional silver coins of Kho Mu people, Kho-tum (two pairs of sweet cakes), banana, sticky rice contributed by each households of the village. There are 4 colorful chicken (not use white chicken for this ceremony), 4 jars of wine, candle, joss-sticks and some seeds. All villagers contribute offerings. Each households offer Suoi (number of boxes equals to number of family member, that box is covered by banana leaves, that contain flowers). It is believed that, this is the way forest spirits recognize and manage all villagers. Con Cham on behalf of villagers prays to forest spirits for protection of healthy villagers, livestocks avoid diseases, good crops without worms. They choose flat area for favourable worshipping place. After worshipping, Con Cham keep silver coin and reuse for the next ceremony. Each Kho Mu households should keep some old coins, so whoever is voted as Con Cham, he will use his own silver coin for community ceremony. Worshipping is often held at noon of the day of village resettlement and take taboo for the next day. For instance, Phon Xa Vat take taboo day of Mu Hoai, Den Xa Vang village use Mu Huong as taboo day. For this July ceremony, villagers make taboo sign of closing

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village gate right after worshipping, outsiders are not allowed to enter the village for the next day after worshipping.

Deliberated violators will be fined to pay enough offerings for villagers to reorganize the ceremony. If outside violators do not understand community customs, Con Cham has to take two Suoi of flowers to pray forest spirits for forgiveness, and not put punishment to violators and villagers. Con Cham should say clearly that, outsiders do not share the same ethnic group, language, they do not know, so we pray to spirits for not being punished. Today villagers of the two target villages do not follow strictly taboo of traditional calendar cycle. They use also lunar calendar according to pagoda calendar system. This changes were caused by a campain during 1980-1984, in which district officers stayed months at the villages to remove Kho Mu people’s altars, and propogate that, their customs of funeral, wedding were superstitious and should be given up. It is funny that, also district officers came back to Kho Mu villages to tell people to maintain their cultural identity ten years later. However that was quite late, villagers had transferred their ancestor’s soul into pagoda and follow a lot of Buddist regulations.

Put Pi Ceremony is held in December or January depending on harvest time. Villagers contribute new rice to thank gods, spirits for a good crop. Outsiders are not allowed to enter villagers’ house at the night after the worshipping. Therefore outsiders should stay at the forest, worshipping place. Recently this ceremony is not organized at community level. However, it is maintained by each households.

Kin Khau May This is ceremony of households after harvesting rice. Villagers take a bunch of rice to worship at their house first, then they harvest all their rice.

Regulations relating to family

Altar Den Xa Vang as well as Phon Xa Vat villagers cannot keep taboo strictly for maintenance of their altar, so they had to give up regular alter. Villagers experienced many cases that, son-in-law or outsiders did not follow taboo well, then all family members got sick. Then some households only use a tray of food as offerings when they make a worship at their house. There are only two altars existing in Phon Xa Vat village, one belongs to Croimon Thoongsi and another belongs to Mr. Somsi (head of tourist group). Another reason for few altar is that, only some households representing for the clan, who get enough criteria according to their customs can set up their own altar. Others need to wait to until they are allowed to set up altar according to Kho Mu customary laws.

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Although traditional customs, taboo, or house altars are not maintained originally, Lieng Pi Ho worshiping area and sacred forest are still kept well by the whole community of the two villages. One of the reasons is that, those community taboo, sacred areas do not require lots of strict daily taboo and practices.

Funeral Death body is placed along the top roof of the house. A temporary window should be made for carrying the death out of the house, because people do not carry the death through the main door. Previously Kho Mu people use mats as the coffin. Then they use one big tree to make coffin. They go to cemetery forest to choose a place of broken tree branch for the tomb. A ceremony with offerings of chicken, egg, wine, water is held at the tomb. The death is placed headed to the east and feet to the west. Croimon is not allowed to involve in funeral.

Family members of the death do not plough or turn up soil within 9 days after burial to avoid annoying the death. After 9 days from burial, people hold one ceremony at the tomb, then ceremony of solidarity at the death’s house. After that people do not hold any more ceremony. Whenever a family member is sick, Croimon recognize that ancestors’ spirits are hungry, the family should offer a worshipping for their past ancestors. The eldest son is main person to manage the funeral. The eldest son-in-law should take this position if the past person has no son.

Marriage, wedding Youths select spouse freely, then inform their parents for agreement. Parents invite relatives to discuss to check whether the couple share the same clan, lineage. If they are not in close lineage relation, marriage is accepted, two families choose good day for wedding.

Offerings is taken from the groom’s to the bride’s, which consists of chicken, five liters of wine, one pig of four spans, cloth, 100,000 kips, five silver coins for worshipping at the bride’s. The groom’s family may ask for loan and pay later if they do not get enough offerings.

When bride go to the groom’s a ceremony should be held to inform new member for the groom’s ancestor spirits. Offerings consist of chicken or pig, rice for worshipping and food for everyone to share and cheer to the new couple. Parents ask whether son-in-law want to stay in their house. According to traditional customs, son-in-law should live and work for his wife’s for three years. This regulation is not so strict followed nowadays, son-in-law can come back home with his wife after the wedding. If the wife’s family is in need, son-in-law should stay and work for them for a certain duration of time.

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After going to the husband’s, wife is considered to follow husband. Nowadays many women want their husband to reduce wine drinking. Husbands often like wives to deliver many children though most women do not want (Phon Xa Vat women meeting on October 19th 2009). Family planning was first introduced by the government seven years ago. District women officers came to villages to give training on family planning. Government sell pregnant prevention pills at lower price than free market. However, family planning methods are not so effective because several cases of unexpected birth have been reported.

A couple like to divorce may bring their case to village, then village representatives will reconciliate them for three times. If they cannot succeed, village elder will ask whether the couple confirm to divorce, if they say yes, village will agree. In normal case, no one is faulty, assets will be divided equally.

If one suggest divorce without sound reasons, that person will not have right to receive asset share. Wife has rights to feed baby, or rights to decide for little children if children are unable to decide for themselves. If a husband is wrong (such as adultery, addict wine or opium, etc.), the wife has rights to report to village elder. The husband is fined two times of wedding offerings. In case of divorce in this situation, the wife will take house and all assets. The wife has rights to feed children and the husband has to support to feed children until their adulthood. This regulation is similarly applied to wrong wife.

If two sides are both recognized as wrong to cause divorce, both husband and wife are responsible for feeding their children until adulthood. Children are asked and can follow father or mother according to their wish.

Giving birth When the wife delivers a child, the husband collects herbs from forest for the wife to bath and drink, so that both mother and child will be healthy. If husband do not know herb, he can ask his father or herbalists to help. The cord of the child is put into a bamboo tube, keep at home for three days before being hung on a forest tree. People should keep that tree. One ceremony for attaching bracelets and solidarity should be held a month after the birth. Everyone pray for healthy, fast grown-up child.

Cultural interaction If Lao Lum from other villages invite Kho Mu people to join their festivals, Kho Mu people will take some offerings, contributions to participate. Offerings may consist of chicken, pork, potato, sweet soup, sticky rice. Previously Kho Mu people rarely get married with other ethnic groups. Recently more and more Mong, Lao Lum people get married with Kho Mu people. If a family with Kho Mu husband lives in Kho Mu village, children should speak

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Kho Mu. Wedding of different ethnic group should follow the bride’s customs.

Some Phon Xa Vat elders (elder Siangkham, Sichan, Somsi) feel unhappy and sorry for some Kho Mu people, who move to towns, then their children are unable to remember origine, Kho Mu language and difficult to contact with Kho Mu people. According to elder’s suggesting solution, they should educate their children that, Kho Mu people should confidently keep their own language, identity because that is their origin, their rights.

Tourism in Phon Xa Vat village Tourist route to Phon Xa Vat village a point of tour to Takse waterfall started operation four years ago. Tourists like to visit there because of available forest, nice big caves.

Tourist Company builds a tourist central in Sianglan town seven years aggo. They invited two men and two women from Phon Xa Vat village to get training on tourist service. A man (Mr. Somsi) attended a training course for manager, and he becomes main tourist guide and head of village tourist service group.

Some tourists, especially Frech like to learn villagers culture. Most of them like to walk, visit forest for one hour and spend some time to stay and visit the village.

Community had contributed to build a common guesthouse, and Tourist Company contributed scalves, blankets, pillows and they collect benefits from introducing tourists to the village. Villagers can get overnight fee of 10,000 kips per person. Recently the common guesthouse is broken, so tourists are introduced to stay at elder Siangkham’s house. Elder Siangkham (a member of the group) contribute 20% of guesthouse income to community tourism management group common fund.

There are 4 meal serving groups in the village, they serve tourist in turn at 30,000 per meal. All income is converted into the group’s fund. Tourist guide inform menue to the group, and serving group buy foodstuff, cook accordingly. So far, members of meal serving group have not yet received any income from their work because the group fund was not repaid by borrowers. Former village head (Lao Lum people) is building a big house in the village and intend to serve as guesthouse. Though his house is not completed, tourist management group showed their disagreement, they require that man to contribute 30% of his guesthouse income into the group’s fund because he is not group member, and he can get other

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benefit than guesthouse (for instance, he will be able to sell goods). This will be potential threat to community solidarity if regulation of fair share is not timely set up.

According to Mr. Somsi, tourist guide respect Kho Mu culture. Other elders said that there is not much bad impact cases caused by tourism so far, as youths do not learn much tourist’s other culture. However, some bad signs happened when some women quarrel for competition of selling products to tourists. Some tourists threw away money or candy to following children, then villagers required tourist guide to inform tourist about village’s prohibition against that act. Elder Siangkham feel unhappy with couples of male and female tourists sharing the same room because that is strange to Kho Mu people.

The village community tourism management group - Most of group members are village leaders and some voluntary people. There are

22 household members. Other people did not join group because they said they were busy for field and other jobs.

- Group members vote a management board. Recent management board consists of five members, one is head of the board (Mr. Somsi), also work as accountant, one is treasurer and three others are supervisors.

- Management board discuss to get agreement and dicision on who will be borrower of the group’s fund.

Main regulations of tourist activities - Tourist company guide is responsible

to inform tourists to respect local culture.

- Tourists do not throw away money, candy to offer children.

- Do not throw garbage everywhere, tourists have to take it to common dust container.

- Tourists do not play adventurously with children and be fully responsible for that if risks happen.

- Parents educate children not to follow and harass tourists.

Benefit sharing at community: - Every villagers have rights to sell their products, souvenir at the guesthouse - TMG get income from guesthouse, selling meals to put to cash to build

community development fund (CDF). - Tourist guide gets 25,000 kip per day of guiding. Can get more bonuses from

tourists. - TMG use CDF for receiving high ranking officers and giving credit to villagers.

Poor difficult persons (e.g. use money for patient) in TMG will be free of interest.

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Others pay interest of 5% per month. This fund is contributed to build wall of the community house.

- Check the cash at the end of month and balace cash with the book

Benefit sharing between community and Tourist Company: - Tourist company (TC) staff pay direct guesthouse, meal, guide wage to TMG. No

payment direct from tourists. - TC offer blankets, money for building community guesthouse and get payment

from benefit sharing of each tour. - If there is no tourists staying at the village’s guesthouse, Tourist Company pay

village 10,000 kip per tour. - Now TMG see inappropriate sharing: tourist company pay tourist guide according

to group, not base on number of tourists, though numbers of tourists in each group increased so far (beginning 2-5 tourists, now 10 tourists per group). TMG intend to discuss with company to change and increase wage for TMG.

- Tourist company pay tax to Government.

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Mong cultural identity

Mong value system base

on land, forest,

mountain, water

Worship dragon god at watershed area

Story of one death because of cutting tree at water source in 1956

Do not throw cane of carrying death at water source. Violations prevent dragon god from passing across then cause flood

Customs of wedding

Belief in Tong Senh, Thu Ti: big rock, big trees to: eat new sticky rice or get wedding should worship big tree spirits

Story of rock and big tree as symbols of husband and wife

Not do bad things, not cut tree at Tong Senh area. Violators are fined to rehold ceremony, all villagers attach red bracelets

Belief in spirits at burial

Ceremony of buffalo spirits for illness curement

Funeral

Not clean house at new year’s eve

Provision of wine drinking in wedding

Ceremony for brothers Ceremony

of Lon Ban

Ceremony for new rice

Belief in mountain spirits

Story of a Kho Mu death because of annoying mountain spirits

Choose big rock, big trees for Tong Senh worshipping place

Provision to ensure water source for daily life and production

Soul calling ceremony, procedure at bride’s house

13 cups of water, 1 for land god, offer buffalo to ancestors, parents. Clan head worship

Role of women in raising children

Solidarity, care for each other in family, clan For good

reproduction of human, creatures

Provision of taking wood for house building