The webinar on “Pathways to Customary Land & Forest Rights in the Mekong” on 2 July 2024 was the second webinar in the Land Governance in the Mekong webinar series co-hosted by the Mekong Region Land Governance Programme (MRLG) and The Land Portal Foundation, provided deep insights into the complexities and developments of customary tenure recognition in Cambodia, Lao PDR, Myanmar, and Viet Nam. We dove into complexities, legal developments, and ongoing efforts to secure land tenure for local communities and Indigenous Peoples in the region.
MRLG’s Regional Adviser on Customary Land Tenure and Gender, Natalie Y. Campbell, moderated the webinar, which kicked off with an introduction highlighting the importance of the webinar’s focus on the recognition and formalization of customary tenure rights, drawing from extensive research and activities by MRLG and its over 200 partners.
Presentation Highlights
Jean-Christophe Diepart, an interdisciplinary researcher specializing in agrarian and land tenure studies, presented findings from two significant publications:
- “The Recognition and Formalization of Customary Tenure in the Forest Landscapes of the Mekong Region: A Polanyian Perspective.”
- “State of Land Brief: Recognition of Customary Tenure in Forest Landscapes of the Mekong Region,” a co-publication with the Centre for Development and Environment (CDE).
Diepart underscored that the recognition of customary tenure is crucial for the tenure security of approximately 70 million smallholder farmers in the region. He emphasized the importance of building mutual accountability through alliances and underscored key pathways to enable the recognition of customary tenure in forested landscapes.
Panelist Discussion
Cambodia: Successes and Challenges
Dr. Il Oeur from the Analysing Development Issues Centre (ADIC) shared successful examples from Cambodia’s implementation of the 2001 Land Law, which acknowledges Indigenous Peoples’ rights to ancestral lands. Notably, Il discussed the pilot Indigenous Communal Land Titling (ICLT) projects in Ratanakiri and Mondulkiri provinces, which have granted 44 communities the title. The key factors contributing to these successes include strong community cohesion, effective NGO support, and government commitment.
Despite progress on implementing communal land titling projects, challenges remain due to land conflicts, such as overlapping claims in conservation areas, internal community disagreements, and the need for balanced conservation efforts. To scale up these successes, it is essential to simplify the ICLT process, enhance technical support, and ensure continuous collaboration between the government and NGOs.
Vietnam: Community-Based Conservation
Dr. Hong Ngo, from the Center for Highland Natural Resource Governance Research, described how Vietnam’s customary land and forest tenure have evolved over thousands of years. Despite historical ups and downs, traditional tenure systems have persisted. The legal landscape changed significantly with the Forestry Law of 2017 and the new Land Law of 2024, both recognizing community land and forest ownership.
He highlighted community-based conservation efforts in Vietnam, such as the conservation of the Black Langur in Tuyen Hoa district, Quang Binh province, and the community forest enterprise model of the Malieng ethnic group. These initiatives demonstrate the potential of community-led conservation and sustainable management practices. The success of these models hinges on the active participation and empowerment of local communities.
Myanmar: Civil Society Initiatives
Stony Siang Awr Cung from POINT in Myanmar discussed the role of civil society and the international community in advocating for the recognition of customary tenure. He explained that customary land tenure practices date back before colonization and remain integral to indigenous communities’ cultural identity and livelihoods.
Despite the absence of a current legal framework, progress towards formally recognising customary tenure began through the adoption of the “National Land Use Policy” in 2016 and amendments to the Farmland Law recognizing shifting cultivation.
The ASEAN Guidelines on the Recognition of Customary Tenure in Forested Landscapes, officially endorsed in 2022, have been pivotal to advocacy at both the national and regional levels. Scaling up these efforts requires leveraging these guidelines and documented best practices to advocate for broader governmental adoption and implementation.
Laos: Policy Evolution and Technology
Hongthong Sirivath described the evolution of customary tenure recognition in Laos, highlighting how the revised Land and Forest Laws from 2019 opened the door to increased recognition of customary land tenure for people living inside forest areas. Overlapping jurisdiction over forest areas remains a challenge, as does local governments’ and government counterparts’ lack of capacity and legal literacy.
A successful example of improving tenure security was the piloting of the Social Tenure Domain Model (STDM) to map and register communal lands, thereby making them visible to authorities and integrating them into the governmental system.
He shared a significant milestone from June this year, a national assembly resolution that enables the granted of land titles and use certificates for those living inside forest areas. The government, with support from development partners, is piloting projects to adjust legislation and effectively utilise technology to better recognize land tenure more broadly.
Data Availability
All panelists acknowledged the challenges in accessing comprehensive data on community forest land, emphasizing the need for improved data collection and transparency to support informed decision-making. Going forward, engaging youth to become more active in data collection will be crucial and should be supported by both development and government stakeholders.
Gender
In responding to a question from the audience, panelists shared that gender plays a crucial role in forested landscapes, especially as forest depletion disrupts women’s traditional income-generating roles. This loss forces women into wage-based activities, often requiring greater mobility and altering household labour dynamics. In natural resource management, women’s knowledge of biodiversity and herbal medicine is often undervalued. However, models like those in Vietnam have successfully promoted women’s roles, leading to equal participation in conservation and improved forest management. Integrating gender perspectives is vital for sustainable outcomes.
Closing
Natalie closed the webinar by reiterating the importance of recognizing and formalizing customary tenure to secure the land rights of local communities and indigenous peoples in the Mekong region. She shared that despite the challenges, promising developments and solutions are being implemented with the support of various stakeholders. Increased awareness, capacity building, and inclusive approaches are key to advancing tenure security in the region.
Stay tuned for more insights and developments on customary tenure and land governance in future webinars and publications from the Mekong Region Land Governance (MRLG) project.
References and Further Reading
- Policy Briefs and Publications:MRLG Publications
- Communities at the Core of Protected Area Management: Learning from customary tenure documentation experiences in Cambodia
- Restoring Land Rights: Pathways for the recognition of customary tenure in Myanmar
- Customary Tenure Rights under the Land and Forest Laws in Lao PDR
- Documenting Customary Tenure in Myanmar: A Guidebook
- Outlook on Gender and Land in the Mekong Region
- Towards gender-equitable land policy and lawmaking in the Mekong Region
- Journal Collection: Journal of Land Use Science
Natalie Campbell (MRLG Regional Customary Tenure and Gender Adviser)
