Implemented by LEI and Gret

Communal Land Tenure in Lao PDRLessons learnt from an MRLG’s Learning and

Alliance Building Activity by a Thematic Working Group on Communal Land Registration and Titling

(CLRT)

Regional Land Forum21-23 June 2016, Hanoi, Viet Nam

Communal Land Tenure Systems in Lao PDR

• Exist and evolve since generations- socially accepted based on customs and traditions (customary laws)

• Represent an integral part of all aspects of life communities across all ethnic groups (cultural, social, economic and political)

• Type of land that usually managed by communities: grazing land, upland fields, fishponds, village used forest, sacred forest, temple areas, cemetery, etc.

• Changing rapidly since recent years

Source of Data: Study on Communal Land Registration in Lao PDR, Land Policy Study No. 6 under LLTP II

Driving Forces of Change

Recognition Communal Land Rights Current Situation

• Under current legal framework there are 3 types of land titles: – Individual/legal entity Land– Collective Land– State Land

• There are no clear provisions and procedures for the registration of communal rights on land

Recognition Communal Land Rights Current Situation

• Some existing legislation relevant to Communal Land:– The Constitution of the Lao PDR (Revised 2015), Land Law (2003), Property Law (1990),

Law on Local Administration of the Lao PDR (2003), Forestry Law (2007) provide the framework for “collective land” registration and rights associated

– NLMA’s Instruction No. 564 on Adjudications Pertaining to Land Use and Occupation for Land Registration and Titling (2007) which defines “collective land” and establishes the rights and limitations associated with collective land

– MONRE’s MD No. 6036 on Land Registration and Land Titling (2014) which provides definition and instruction on registration of Communal Land

• The Government is now considering National Land Policies, Land Law, Forestry Law (Recognition of Communal Land tenure is on the table)

Recognition Communal Land Rights Questions and Concerns

• Questions related to formal registration of communal land:– What types of lands can be registered as communal land? – To whom?– What types of rights to be granted?– How to take into account local contexts?– Management of communal land?

• Risks involved?

Recognition Communal Land Rights Government Initiatives

• Land Subsector Working Group (LSSWG) set up by MONRE – A Focal Group on Communal Land Registration and Titling

• Pilot projects on Communal Land Registration and Titling:– Sangthong District of Vientiane Capital– Nakai District of Khammouane Province– Viengxay District, Houaphanh Province – Phonxay District, Luangphabang Province

Implemented by LEI and Gret

MRLG’s Learning and Alliance Building Activity

Lessons Learnt by a Multi–Stakeholder Thematic Working

Group on Communal Land Registration and Titling

Introduction to the Group

The group is one of the 3 MRLG’s thematic working groups:– Communal Land Registration and Titling – Private Sector Engagement in Land Governance– Legal Education

Composition of the GroupA Multi-stakeholder thematic working group• Department of Land Administration and Department of Land Planning and

Development of the Ministry of Natural Resources and Environment (MONRE)• Department of Forestry, Department of Agricultural Land Management and

Development, Ministry of Agriculture and Forestry (MAF) • GIZ • Village Focus International (VFI)• Coopération Internationale pour le Développement et la Solidarité, (CIDSELao)• Agriculture and Forestry Consultancy (AFC)• SUFORD

Objectives of the Group Activity

Objective :• To contribute to the National Land Policy (NLP) review on communal land

registration and titling through gathering and disseminating information for policy input

• To build capacity of government staff and personnel of other organizations working to develop communal land registration and titling policy and procedures

Activities Completed

• Data collection on CLRT Pilot projects in Lao PDR and in Thailand• Study visits:

– Village Bamboo Forest registration project in Sangthong District, Vientiane Capital– Collective land registration and titling project in Nakai District, Khammouane Province– 2 Communal land registration cases in Chiang Mai Province, Thailand

• Documentation:– Discussion Note on CLRT in Lao PDRT– Brief case reports on CLRT pilot projects studied

A Brief Case Report 1: Registration of Village Used bamboo Forest

Sangthong District, Vientiane Capital

Case Study 1: Registration of Village Bamboo Forest

Sangthong District, Vientiane Capital (2011)• Kay Actors:

– Government (LNRRIC of Central NLMA, District Governor, District LMA, District Agriculture and Forestry Office)– Village authorities– Development Partner (SNV) + Local CSO (GDA): Value Chain Project

• Outcomes:– Temporally certificate for agricultural land Permanent tittle for residential land– Temporally Collective Land use Certificate (3 years) for Bamboo production forest (5 Villages with total area of: 2189 ha)

-(Process supported by SNV-GDA through their Bamboo value chain project) with access, management, withdrawal and exclusion rights, but no alienation rights.

• Management of Communal Land– Village Management Committee (Consisted of village’s chief and other village’s functional agencies such as defense,

security, land, forest, women union, youth union, lao front for national construction)– Village Forest Management Plan (developed by DP)

Case Study 2: Collective Land Titling for Villages Affected by NTPC 2 Hydropower Dam

Nakai District, Khammouane Province (2013)

Case Study 2: Collective Land Titling for Villages Affected by NTPC 2 Hydropower Dam

Nakai District, Khammouane Province Resettlement Project for 1310 households of 14 hamlets affected by NTPC 2 Dam based on Concession Agreement - The process of land registration and titling fully supported by the Company • Key Participants:

– Government– Village authorities– Investor: NTPC

• Outcomes:– Permanent tittle for residential and agricultural land (0.66 ha per household)– Collective Land Title issued under the name of 14 hamlets (including Village Forest land (17,428 ha), reserve areas for additional

agriculture land (2,780 ha) and Public benefit land (Market, school, rice mill, warehouse, etc.)- with access, management, withdrawal and exclusion rights, but no alienation rights.

• Management of the Land– The use of collective land is limited to the confirmed list of affected households– The land cannot be sold, leased, loaned or used as collateral– Decision making on use and management of collective land required 70% of vote of the eligible households with one vote per eligible

household

Case Study 3: Communal Land Registration under Systematic Land Registration

Program of GIZ in Viengxay (Houaphanh) and Phonexay (Luanphabang)

• Background– Communal land registration pilot project started in 2014 in Houaphan and Luangphabang provinces with support from GIZ/NU-IRDP. – The purpose of this was to train technical staff at provincial and district levels to be able to gather information and technical expertise to

contribute to policy and legislation development in the future.– The project is based on PLUP in targeted rural villages– The project aims to register communal lands along systematic registration process – No land titles to be issued- until proper legal framework is in place

• Kay Participants: – Provincial and District Natural Resources and Environment authorities, Provincial and District Agriculture and Forestry authorities– Development partner: GIZ– Village authorities

• Outcomes:– Communal lands in ……..villages of Viengxay and ……villages in Phonexay surveyed and registered- ready to be titled when legal

framework is in place

• Management of the Land– Not specified-

Observation and Lessons LearntDifferent types of Recognition of Communal land tenure:• Temporary land use certificate for village forest (3 years)-Sangthong• Permanent collective land title for village use forest, reserved areas for agricultural land- Nakai• Registered communal land (not titled) – Viengxay, Phonexay

Process • By concerned local authorities and communities (PLUP) with donor+CSO financial and technical support – Sangthong• By concerned local authorities and communities (PLUP) with Investing Company’s financial support – Nakai• By concerned local authorities and communities (PLUP) with collaboration and support from Development Partner (GIZ) Key Lessons Learnt• A clear legal framework supporting recognition of communal tenure rights is needed • Projects with heavy external support tend to weaken when support is over • Permanent, formal recognition of tenure is preferred and more incentivizing• Competent, visionary community leadership with respect and support from community members is a key success factor

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