Panel 15: The Difficult Problem of Land Reform

Friday, April 21st (1:00-2:00pm)

13th Symposium on

Development and Social Transformation

The Necessity for Sustainable Land Reform in Cambodia

Konstantin Dubrovsky

Panel 15: The Difficult Problem of Land Reform

13th Symposium onDevelopment and Social Transformation

Land Tenure Reform In Land Tenure Reform In CambodiaCambodia

Konstantin Dubrovsky

Current Land UseCurrent Land UseCategory Area (million hectares) %Share

Cultivated areas 2.71 14.97

Towns 1.00 5.52

Land mines contaminated areas 0.10 0.55

Scrub land, non-wooded land etc. 1.73 9.56

Other forests 1.75 9.56

Protected forests 1.5 8.26

Forest concessions 4.21 23.26

Protected areas 3.27 18.07

Agriculture concessions 0.83 4.59

Fishing concession lots[1] 1.00 5.25

Total 18.10 100.00

Source: Ministry of Land Management, Urban Planning and Construction

Source: World Bank, 2006

Current Land UseCurrent Land Use

Agriculture sector is predominant employer in the country.

GDP By Sector•agriculture: 35%•industry: 30%•services: 35%

Historic PerspectiveHistoric Perspective

• Pre-French (Pre-1863)Pre-French (Pre-1863)• French Colonial Period (1863-1953)French Colonial Period (1863-1953)• ““Independent” Period (1953-1975)Independent” Period (1953-1975) • Khmer Rouge (1975-1979)Khmer Rouge (1975-1979)• People’s Republic of Kampuchea – People’s Republic of Kampuchea –

Vietnamese AdministrationVietnamese Administration (1979-1989) (1979-1989)• 1992 Land Law1992 Land Law• 2002 Land Law2002 Land Law

CurrentlyCurrently

• 80% of land is still without titles80% of land is still without titles

• Rural poor are uneducatedRural poor are uneducated

• Unclear demarcationsUnclear demarcations

– Public & PrivatePublic & Private

• Steady Progress towards reform….Steady Progress towards reform….

Currently…Currently…

• IFI SupportIFI Support– Asian Development Bank TAAsian Development Bank TA

– WB Assistance LoansWB Assistance Loans

– GTZGTZ

– CGCG

• Bilateral SupportBilateral Support

• Civil Society InvolvementCivil Society Involvement

• Government driven reformGovernment driven reform

ENDEND

Investigating Failure of Agrarian Reform in Rural Bihar

Smita Yadav

Panel 15: The Difficult Problem of Land Reform

13th Symposium onDevelopment and Social Transformation

IInvestigating Historical And Contemporary nvestigating Historical And Contemporary Problems Of Land Reforms In BiharProblems Of Land Reforms In Bihar

Smita YadavSmita Yadav

Friday, April 21 2006.Friday, April 21 2006.

In rural Bihar, despite radical land reforms after In rural Bihar, despite radical land reforms after independence in 1947 based on land distribution, independence in 1947 based on land distribution, the the traditional social structures embedded in agrarian traditional social structures embedded in agrarian relations like caste structure, kinships and patron-relations like caste structure, kinships and patron-client relations, did not changeclient relations, did not change..

These relations got reinvented every time there was a These relations got reinvented every time there was a formal agrarian reform or land reform introduced. formal agrarian reform or land reform introduced.

The social structures remained unchanged and continue to The social structures remained unchanged and continue to be so even as agricultural reforms demand a free market be so even as agricultural reforms demand a free market system and a “land to the tiller” policy.system and a “land to the tiller” policy.

Hence the land reforms have failed.Hence the land reforms have failed.

Nehru, the first prime minister of India, Nehru, the first prime minister of India, assumed that institutional changes in rural assumed that institutional changes in rural areas with the introduction of land reforms areas with the introduction of land reforms would lead to social changes that would would lead to social changes that would alter the relationship between different alter the relationship between different strata of agriculturalists and incentive for strata of agriculturalists and incentive for land reform and tenancy reform would land reform and tenancy reform would give to the poor to increase output. give to the poor to increase output.

Bihar in comparison to other states in IndiaBihar in comparison to other states in India

West Bengal and Kerala are the two states where West Bengal and Kerala are the two states where land reforms as underlined by the Indian land reforms as underlined by the Indian government after independence, were relatively government after independence, were relatively more successful than other states in India. The more successful than other states in India. The factors are:factors are:

Communist governmentsCommunist governments(allowed unionization of the landless and peasants (allowed unionization of the landless and peasants

thus giving them political mobilization)thus giving them political mobilization)

Maharashtra, Haryana, Punjab, Karnataka, Gujarat and Maharashtra, Haryana, Punjab, Karnataka, Gujarat and Tamil Nadu are the other states that did not have Tamil Nadu are the other states that did not have communist governments but still showed better response communist governments but still showed better response to land reforms are.to land reforms are.

However, these states were not as strongly controlled However, these states were not as strongly controlled and influenced by the British empire even as they and influenced by the British empire even as they continued to show social structures similar to Bihar. continued to show social structures similar to Bihar.

Besides, social reforms prior and during the colonization Besides, social reforms prior and during the colonization like Arya Samaj Movement had eroded caste identities like Arya Samaj Movement had eroded caste identities This is also one of the reasons for successful land This is also one of the reasons for successful land reforms in these states, except Maharashtra, where most reforms in these states, except Maharashtra, where most of the lower castes had got converted to warrior of the lower castes had got converted to warrior class/caste.class/caste.

So, in rural Bihar, we have to understand So, in rural Bihar, we have to understand problems of land reforms within two main problems of land reforms within two main factors that are unique to Bihar:factors that are unique to Bihar:

1.1. Historical and Colonial Context of Historical and Colonial Context of landholdingslandholdings

2.2. Postcolonial Context of Radical Agrarian Postcolonial Context of Radical Agrarian reforms.reforms.

Historical reasonsHistorical reasons

Colonial Context:Colonial Context: Bihar, was part of the Bengal Presidency under Bihar, was part of the Bengal Presidency under

colonial rule. Most of the region was categorized colonial rule. Most of the region was categorized under Zamindari System (under Zamindari System (LandlordismLandlordism) one of the ) one of the types of land revenue collection by the British.types of land revenue collection by the British.

The British introduced Permanent Settlement in The British introduced Permanent Settlement in 1793, as part of their indirect rule, in Bihar and 1793, as part of their indirect rule, in Bihar and other areas in North India. This was made with other areas in North India. This was made with the zamindars (landlords) with the understanding the zamindars (landlords) with the understanding that the revenue due to the company would be that the revenue due to the company would be fixed in cash, in perpetuity (Jannuzi, 1974).fixed in cash, in perpetuity (Jannuzi, 1974).

Thus, prior to the postcolonial Thus, prior to the postcolonial reformsreforms, , there had already grown there had already grown intricate stratified system of intricate stratified system of relationships of people to land both relationships of people to land both during the Mughal and British period during the Mughal and British period of rule in India.of rule in India.

Postcolonial Context:Postcolonial Context:

Under radical land reforms, the Bihar Zamindar Abolition Under radical land reforms, the Bihar Zamindar Abolition Act of 1947 was amended and reintroduced by the Bihar Act of 1947 was amended and reintroduced by the Bihar Land Reform Act of 1950.Land Reform Act of 1950.

This was essentially the “Land to the Tiller” act or the This was essentially the “Land to the Tiller” act or the Raiyatwari Act, where only people who cultivated the Raiyatwari Act, where only people who cultivated the land, will hold the land and directly pay their revenue to land, will hold the land and directly pay their revenue to the state government.the state government.

Essentially, this abolished the intermediary system of Essentially, this abolished the intermediary system of revenue collection. revenue collection.

Postcolonial Radical reforms:Postcolonial Radical reforms:

““Zamindari Abolition Act of 1947”Zamindari Abolition Act of 1947”

““Bihar Panchayat Act-1959” (A model Bihar Panchayat Act-1959” (A model of self-governance of a village)of self-governance of a village)

““Green Revolution Mid 60’s”Green Revolution Mid 60’s”

However, this was resented by larger land holders However, this was resented by larger land holders and zamindars who did not want to loose their and zamindars who did not want to loose their control of the land to the small cultivators and control of the land to the small cultivators and landless peasants, arguing that they have been landless peasants, arguing that they have been the traditional land owners and managers since the traditional land owners and managers since the British and Mughal time.the British and Mughal time.

• The Bihar Panchayat Act 1959…

Rural Affairs to be managed by the Village Council (the Panchayat). An idea of self-governance and decentralization. However, in Bihar, the dominant castes misused this institution of decentralization by hijacking the state resources for implementing agrarian reforms.

Green Revolution 1967-68 to 1977-1978Green Revolution 1967-68 to 1977-1978

• This new capital intensive agricultural strength of mid-sixties not only displaced a large number of agricultural laborers and small tenants, as they were becoming redundant, but also force the small farmers to sell their lands to the rich ones.

• A new breed of ‘farmers’, e.g doctors, lawyers, businessmen, retired military and civil servants emerged, who with their unaccounted money looked towards farming as a source of high supplementary income free from any tax burdens.

• [- Prasad (Landejinsky, The Statesman , Sept 11 and 12, 1970) 2002]

Summing up the effects of radical land and agrarian reforms on agrarian Summing up the effects of radical land and agrarian reforms on agrarian relationships in Rural Biharrelationships in Rural Bihar

• Continued sub-division and fragmentation of holdings alongwith changing nature of market (Prasad 2002), but stagnant social structures.

• Growing feeling of relative deprivation of the peasants (often the lower caste groups or tribals) in relation to the landed elites (often the upper castes and class) who not only own lands, but also control and influence the market.

• Increasing isolation and frustration of peasants who still do not have any land. One time they have

land and other time they don’t.

• This frustration and anger resulted into creation of naxalites and other peasant groups using violence as their mean for social justice.

• The landed elites respond by creating their own “security force” or Senas to protect their assets and suppress the landless from raising any voice of their exploitation and often resulting in mass killings of poor peasants.

• Further deteriorating agrarian relations between the landed elites and the landless.

• Studies have also pointed out that often the state machinery of law and order too is indirectly involved in not interfering to change the social problems of agrarian relations and infact, if they do interfere, would side with the landed elites to protect their own interests.

In Conclusion:

• In rural Bihar, Agrarian relations are rigidly stratified.

• Middlemen and intermediaries still exist even and “land to the tiller policy” is just a rhetoric.

• Slavery and exploitation in the form of bonded labor still continues. Landholdings and ownerships exists only for the landed elites.

• Lack of political mobilization of the rural and landless peasants.

• Democratic institutions like Panchayat Raj Institutes, have failed. Other options for man-land relationships should be sought.

• Before addressing land reforms, social reforms should be dealt with both at policy level and social level.

• Radical reforms based on democratization and decentralization should be closely monitored and regulated by the government and in addition to empowerment.

Panel 15: The Difficult Problem of Land Reform

Friday, April 21st (2:10-3:10pm)

Konstantin Dubrovsky

The Necessity for Sustainable Land Reform in Cambodia

Smita Yadav Investigating Failure of Agrarian Reform in Rural Bihar

13th Symposium onDevelopment and Social Transformation