report needs assessment study lpb oct10 nov 2st 2009

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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

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 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 forestmanagement and sound land use; ...................... ................. ........................ ..................... ................. ...... 4

III. Methodology of socialization and legalization of ethnic beliefs and knowledge in forestmanagement 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:............................. ................. ................ 101. Overlapping on land and forest use and managment........................... .................... .................. .... 102. Shortage of cultivating land ........................................................................................................ 123. Shortage of drinking water and polluted water ....................... ..................... .................... ............. 13

4. Free animal raising ..................................................................................................................... 155. Cross-cutting issue ...................................................................................................................... 16

V. Outcomes from NAS from October 10th November 2nd, 2009 ................................................... 16

V.1. Identified Objectives ........................ ................. ....................... ...................... ................. ....... 16The Overall Objective ..................................................................................................................... 16Mid-term Objectives ....................................................................................................................... 16Short-term objectives ...................................................................................................................... 17

V.2. Solutions for problems in Den Xa Vang and Phon Xa Vat villages ....................... ................... 171. Overlapping on land and forest use and managment........................... .................... .................. .... 172. Shortage of cultivating land ........................................................................................................ 183. Shortage of drinking water and polluted water ....................... ..................... .................... ............. 184. Free animal raising ..................................................................................................................... 19

5. Cross-cutting issue ...................................................................................................................... 19V.3. Lessons learned from NAS ........................ .................... ..................... .................... ................ 20

V.4. Strategic planning 2009 - 2019 .................... .................... ........................ ....................... ....... 28

Annexes .................... .................. ........................ .................... .................. ....................... ................... 30Annex 1: Policy Review ................................................................................................................. 30Annex 2: Visionary Analysis and Inter-Cultural Community Development Approach ...................... 33Annex 3: Diagrams to describe steps of level A to D ................................ ....................... ................ 34Annex 4: Conclusion by Facilitator for Level A ................................ ...................... ................. ....... 38Annex 5: MoU between RCSD/CEDS, PAFOS CHESH-LAO & SPERI ............... ..................... .... 40Annex 6: Network Action ............................................................................................................... 46Annex 7: Questions of justice for the poor and Kho Mus challenges ...................... .................. ....... 50Annex 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 animportant and urgently needed strategy in Mekong countries.

CHESH1Lao, with consistent cooperation with Mong, Kho Mu, Lao Lum ethnic groups,

co-implementation of PAFO2and financial support from ICCO

3; 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 ofLuang 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 flexibleapplication 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, media

6, 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 workshop7of 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 CHESHdevelopment activities in Luang Prabang. Target groups are ethnic minority people living

in the Mekong watershed who are particularly vulnerable. This is especially relevant inthe 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 andcustomary 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 forexamples 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 localcommunities. Traditional community social institutions and cultural values are being

1CHESH = Center for Human Ecology Study of Highlands

2 PAFO = Luang Prabang Provincial Agro-Forestry Office3ICCO = Interchurch for Cooperation and Development, the Netherlands4Please refer to CHESH Lao library for each phase of the project during 1999 - 2009

5Suphanuvong University - Lao PDR, RCSD Chiang Mai University Thailand.6VTC Vietnam Digital Television.

7Workshop 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 establishor 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 suitableenvironment that nurtures traditional cultural values and vice versa. CHESH PAFO

PEOPLE approach, ethnic communities in Laos are in line with its priority. Mentionedpreviously

II. Objectives of socialization and legalization of ethnicbeliefs and knowledge in forest management andsound land use;

1. To establish models in the Mekong watershed, which become practical grassrootstraining 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, whomaintain 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 andland management based on community value systems in the Mekong watershed;

4. To create a network action and exchange network based on this approach as afoundation to fight against climate change in the Mekong region.

III. Methodology of socialization and legalization ofethnic beliefs and knowledge in forest managementand 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 twovillages 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 inrelationship to land and forest management in the two villages;

2. To research lessons-learned based on ethnic beliefs and knowledge in relationshipsto land and forest management;

3. To understand difficulties, challenges, advantages and potentials in land and forestmanagement 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 aboutcustomary law in watershed forest and Land management.6. To improve the capacity of those participating including; provincial and districtofficials, CHESH Lao staff PAFO - PEOPLE, key-elders and farmers of the twovillages 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 prioritizedapproach 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. Enrichingcustomary law in Forest and Land Use Management in the two villages of Phon Xa Vat

and Den Xa Vang.

IV. Context

IV.1. Descrip tions of Phon Xa Vat and Den Xa Vang vi llage

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 householdsof 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 pupilsenrolment 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 504populations 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 onslope rotation field; 13 households mainly raising husbandry; 2 households mainly trading

and other jobs including workers for rock exploitation, and temporary constructionworkers. 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.

StrengthsDespite 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 peoplebelieve 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 forgoodness and chasing away bad things (See details: annex 7).

Clans: Main clans in the two villages compose of Tamong, Simom (a kind of bird),

Travai (tiger), Ta-va, Sloc (A kind of bird named Tanglo), Chan-tre, 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,Tra-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 getdisease. 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 makegood 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 repairingfence. They created different signs on the cows ears, so that the owner can recognize

8These 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?9Nai 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 villages

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 thewhole 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 governmentland 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 animals 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 makingenvironmental 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 childrens 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 andbamboo 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 intowns 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 tenuresecurity 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 toforests 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 Peoples Revolutionary Party Politburo has issued instruction No. 09which aim: 1) strengthening local political system including local parties, mass-

organizations; youths and women unions, etc.; 2) security; 3) economic development; and4) 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 peoples livelihoods on a sustainable basis; 2) Conservation Forests:

protection and conservation of animals and plant species or other entities of cultural, tourism or scientificvalue; 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 agriculturein 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 inaccordance 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 groupstended 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 traditionalbeliefs 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 afoundation of the beautiful Lao country.

As mentioned above, since 1975, resettlements, merging villages, land allocationimplementation 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 Vangvillage and Long Ngau households into Phon Xa Vat village in 1996. However Nha KhaLuang 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 formervillages 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 inwhich 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 Cutmoved to Phon Xa Vat and Den Xa Vang villages.

The land allocation programe faced shortage of long-term planning and reality because ofa 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 heads

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 forestclearance 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. Themoving households did not receive temporary brown land certificates as well as formeryellow 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 Luangand 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. Thegovernment 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

11For 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 andvillage 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 heads 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 toprovincial 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 happenconflict, 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 willpossibly 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 shouldencourage and maximize the role, reputation ofelders, who are key actor of traditional social

structure and customary law, which is core element oftraditional institution. That approach will release overload tasks for the government while

communitys initiatives and capacity will be enhanced for better resolutions of their ownproblems 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 householdsis 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 islimilted 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 forcultivation 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 asmentioned 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 theircattle 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.

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

I am a typical person for

disagreement against taxpayment 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 resultsMr. 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 landoverlapping14 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 notinvolve 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 dri nking 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 fromHuoi 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 in2004, 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 ofguarantee, 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

14Government 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 Vatvillage.16

Each of the villages of Den Xa Vang and Phon Xa Vt have 10 households often work at leisured time asconstruction workers at Luang Prabang city.17

Five households moved from Huoi Noc to live in Vang Vieng. Then they sold out their land to Na XamPhan villagers.18

Mr. Phengs company constructed in 1996; Mr. Bun Thiengs company carried out construction during2002-2004. Those private companies hired district technicians and local labour for the construction work.


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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 watersource.

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 rais ing

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 sourceof manure on the other hand.

Free cattle damage vegetable, crops of villagers, spread out animal diseases, it also affects

negatively to community solidarity.

19This 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 notor very little attention on respecting and inheriting local knowledge and participation

which including their traditional values and belief practice, all respects of localknowledge and ways for livelihoods and daily practices. That caused to crisis of

community beliefs, daily livelihood, healthcare and damage of inherent solidarity, sharingbetween 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 November2nd, 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 twovillage, 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 Muindigenous 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 andcommunal governance;

Promoting and improvement of local livelihoods through enhancing localknowledge 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 socialrecognition 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 Vangwill 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 Vatas 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 improvewater system in order to provide enough clean drinking water for all villagers of two

villages;

3. To strengthen women understanding capacity in birth control (unexpectedpregnancy and giving birth) by applying different suitable solutions, especially for Kho

Mu women;

4. To improve knowledge, skills and effective in farming, animal raising, villagesanitation relating to free animal raising and toilets through study tours, training,

exchanging on husbandry, veterinary, and prevention of livestock diseases.

V.2. Solut ions for problems in Den Xa Vang and Phon Xa Vatvillages

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 oncustomary 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 thoseoverlapping internally and friendly. This should

base on community customary laws and the role ofThao Ke. Thao Ke suggested that:

1. Meeting between Thao Ke should be held incommunities 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

20Thao 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 authoritiesto certify our agreement.

3. This will become practical pilot modelfor sharing experiences, lesson learnt of howto solve overlapping problem for younger generations.

4. Set up regulations of land, water and forest use, management base on customary lawsof 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 areain overlapping villages, then considerjustifying 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. Thisreview and justify process should involve community representatives. Village

representatives and district authorities should discuss to get suitable mechanism of landuse 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 changingfrom food tree cultivation to such industrial plants as rubber and teak.

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

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

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

3. Shortage of dri nking 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 formanaging 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.

21For instance, Mr. Xay Vu, Xay Ly in Na Xam Phan village.

22Mr. 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 Lanset 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 theyfailed 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 offormer 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 formanaging and repairing the system, especially watershed area and water intake. Theregulations 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 ontechniques, skills for maintenance and reparation of water system.

4. Free animal rais ing

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

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

3. Villagers involve in discussion, agreement, setting up and implementing regulations ofanimal 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 animaldiseases, especially encourage traditional methods and application of local herbal

medicine.

5. Cross-cutting issue1. Strengthening the understanding and capacity for key villagers of Den Xa Vang andPhon 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 childrens education? Whyis 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 roleof 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 assistingdevelopment 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 ofMong (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 eachvillage, 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,expertsand local authorities through role play

activities and group discussion.

Following this were two days (Oct, 12/13) of largertraining workshops. Participants included three

teachers from the Forestry and Agriculturaldepartment 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 villagesXiang 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 todiscuss 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 perhapsreflects that currently

23NAS = Need Assessment Study24

III.2.31. To have a detailed image of the cultural socio-economic and healthcare situation of the communities in thetwo target villages;III.2.3.2. To understand challenges, problems, opportunities, potentials for development of the two villages in creationof a foundation for socialization and legalization of ethnic knowledge and belief in land and forest management in thetwo 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 criticaldebate inside the group:

Group 1) Cultural Identity; Participants included

elders, women from the village, officials from theCultural 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 villages ofDen 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 culturalidentity and diversity;

2. Re-allocate Forest Land - Water using approaches that are participatory andtransparent.


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3. Give space25 for farmers to maintain their own ethnic knowledge and customary lawin; 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 forhigh 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 orderto 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 valuefor 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 andLong Lan

27to 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 issuessurrounding big industrialization projects and clarify these issues clearly and transparentlywith participation from the community as part of the decision making process.

25Need to monitoring and re-evaluation almost Land and Forests overlap situation which raised by free migration

before the war, topdown migration after the war without state professional master planning and bottom participation ofpeople?!26Said: We should not allocate land and forest to the farmer as they are backward and it is easy for them to sell thatland to the outsider In the afternoon of October 14th, 200927Key farmer and elders from Xiang Da Nam Kha Long Lan in coming three years will be development workerwho 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 theelders 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, politicalcivil 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 prestigiouselder and official of Luang Prabang district. Thirty minutes

given for introductions of all participants with a shortoutline 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 sharedhis 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 toshare 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 representativesfrom 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 farmersand 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 overfarming 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, culturaland 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 bothvillage;

3. Individual interviews and group checking and whole village meeting in both twovillage;

28Resettlement without participation and consultation from farmers, especially push two different identities Kho Muand 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. Womens meetings to raise issues from their perspective, on the evening of 16th inDen 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 ownpsychology 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 fromOverlap 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 bothvillages 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 ofstakeholders.

1. Farmers in both villages have been using herbicides since 2005 upuntil 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. Foururgent basic issuespresent 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 canbuy birth control medicine at any local shops nearby

without any control or instruction from localgovernmental health care;

3. Three different sanitation projects overlappedeach 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?!30Den Xa Vang and Phon Xa Vat using herbicides since 2005 and selling land for children can go to school are alsodid not honestly shared at Long Lan discussion?!31Worse impact from tourist companies and inducing conflict between villagers was not mention openly at Long Landiscussion32Family planning, overlapped between EU Korean and State in water drinking system also did not honestlyaddressed 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 watersystem 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 onchallenges, conflicts an key factors related to the 7 key

topics ?which they have been mentioned since 1975 upuntil 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 theyhad the conditions, resources and opportunity to

solve by themselves the issues that have beenidentified?

How will the experienced elders and key farmersfrom Long Lan village involve in futurenetworking actions and solutions related to the key topics?

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

How can CHESH Lao and local Luang Prabang district and province officialsprovide 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 researchprograms relating to policy analysis and create urgently needed new teaching

topics concerning cultural identity and natural resource management for the LuangPrabang region?.

How can we share and exchange with other NGOs in Lao about lessons learned inrelationship 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 forus, 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,27

thand 28

th 2009

Solution B. 5

1. Each group summarized the details of the information gathered and the lessonslearned during past two weeks;

2. Plenary presentations at CHESH with Lao staff and Mr. Phon Thip a coordinator ofPAFO;

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 PhonXa 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 assessmentsstudy 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 andcapacity 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 AMOctober 31st;

4. After tea break, divided in to two groups: 1) Group one involved of Key Elders anddynamic 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 wholeproblems, 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 inthe further strategic approach for one year pilot schedule;

7. Meeting amongst elders, selected experienced farmers, dynamic women, youth inorder 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 recordtelephone of those for later communication and contact;

9. Make arrangements for a meeting with participant who are teachers fromSuphanouvoong 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 meetvalues (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 forlearning 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 twovillages, 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 filingsystem of PAFO and CHESH Lao office;

4. A

report needs assessment study lpb oct10 nov 2st 2009

Documents