Vientiane, Laos – A ground-beaking National Assembly Resolution (NA Res. 57) has been issued, marking a significant step forward in securing land use rights for people living in forest areas. Consultations involving the Lao National Assembly, the Ministry of Agriculture and Forestry (MAF), and the Ministry of Natural Resources and Environment (MONRE) resulted in the resolution, clarifying the recognition of state forestland tenure rights. The resolution is an important legislation for recognizing the rights of local communities to use land by entering into a forest management and protection contract, issuing a certificate of land use, and registering and issuing a land title according to the law.
Importantly, the resolution provides amendments to two key articles in the Land Law, specifically on the use of forest land (Article 44) and the acquisition of customary land use rights (Article 130), allowing for communities residing in forest areas to receive land titles for permanent agricultural, residential, and construction land. Prior to this resolution, communities inside forest areas were not able to receive formal tenure documents.
This decision is expected to have a major impact on over 3,000 villages across Laos. The resolution represents a significant step forward towards improving tenure security for local communities who live and depend on forests in Lao PDR.
The issuance of land titles will have a number of important implications for these communities. First, it will provide them with a clear and legally recognized claim to their land, protecting them from eviction and other forms of land dispossession. Second, it will enable them to access credit and other resources, which can be used to invest in their land and improve their livelihoods. Third, it will give them a greater sense of security and stability, allowing them to plan for the future and make long-term investments in their communities.
While the resolution is a significant step forward, it is important to note that challenges remain to be addressed. One of the main challenges is the implementation of the resolution. It is crucial to ensure that the new land titling process is fair, transparent, and accessible to all. Complementary tenure instruments to secure rights in forest areas, such as the Village Forest Management Protection and Conservation Contract and Forest Land Use Certificates, should complement this process to ensure that communities are granted a full spectrum of rights. Additionally, it will be important to monitor the impact of the resolution on forest conservation and biodiversity.
The issuance of NA Res 57 is a major milestone in Laos’ efforts to secure land use rights for forest communities. It signifies the continuing commitment of the government and its partners to promoting equitable land reform and sustainable development.
