Communal Land Titling: Government’s Policies and Plans Presented by: CHANTHAVIPHONE INTHAVONGActing Director, LNRRIC, NLMA/MoNRE. To the INGO LWG Meeting on Communal Land Titling 6th October 2011 Learning House, Vientiane Capital City. LNRRIC/NLMA 2011 October 1
Topics1.Background of Communal Property2. Government’s Policy and Plans3.Govt’ expectations4.What’s next? LNRRIC/NLMA 2010 August 2
Background¥ Resolution of First Forestry & Agri. Congresses 1989: the need to have a clear tenureship for every piece of forest land for effective management LUPLA Campaign 2/3rd Village coverage.¥ National Constitution and Land Law Article 2: Land & NR are common property of the every people of the nation LU Right Certificate Land Ownership Certificate/Land Title (Private, State and Communal.
Perceptions/Myths State Land Vs Communal Land Examples:Public Land? = Pagoda, School, Road, Market PlacesVillage/communal Land? = Entire or part of the village territory, Slash&Burn rotational cultivation areas, communal wetland.Cooperative Land? = Cooperative field/plantations.Communal Right of Uses in the State Land? = community forests.
Land Use & NRM: Issues and Challenges¥ How to generate optimum if not maximum wealth from the country’s land & resources to the country and its population;¥ increasing investment from FDI in Laos has posed unprecedented challenges to national land resources utilization, environmental protection and market-oriented land management;¥ Existence of large number of land development and concession projects without prior national-wide LU planning & Land titling lead to increasing losing of access to land by rural population;¥ Limited law enforcement and governance capacity at local levels (especially at District and Village levels) for Land & Resource sector analysis and policy formulation, implementation and feedbacks; Lead to increasing social conflict and disparity and environmental degradation and occurrence of natural disasters. LNRRIC/NLMA 2010 August 5
Impacts of Unplanned and Uncoordinated Use and Management of Land & NR Planned Spending Economic $$$$$$$$ Social & Culture $$$$$ NR & Environment Pennies ! Disaster Relief $$$$$ Unplanned Spending 6
National Development Objectives (Summary)¥ Poverty Alleviation (and Food Security),¥ Social Equity,¥ Strong and Good Governance,¥ Sound Natural Resource Management,¥ Sustained Economic Growth through – Hydropower Generation, – Ecotourism & other land link service industries. – Sustainable forestry mgnt and biodiversity conservation; – Development of tree plantations and Agro-forestry, – Mining as a transitory industry, LNRRIC/NLMA 2010 August 7
National Future Land Use Target (to 2020)¥ Conservation (Indirect Use) Land: 70% including wetland areas.¥ Production (Direct Use) Land: 30% which comprises of: – Agriculture (Paddy Rice (2 Mio ha) & Annual Cash Crops (0.2 Mio ha), Fruit Trees (0.2 Mio ha), and Grass land (0.4 Mio ha)=> total 2.8 Mio ha. – Production Forestry (Natural Production Forests (1.0 Mio ha) & Plantations (0.8 Mio ha)=>total 1.8 Mio ha. – Infrastructure, Mining & Settlement (2.3 Mio ha) (Awaiting to be approved by GOL & NA) 8
Govt’s pland activities related to Land sector¥ Increase awareness and recognition that land and natural resources are the fundamentals for increasing food security, reducing rural poverty and for assuring sustainable nation- wide prosperity,¥ Determine land needs of different sectors and society to meet national development objectives¥ National-Wide Macro- and Micro Land Use Zoning Plans¥ National-wide Land Use (State, Communal & Private) Right Registration Campaign¥ Decentralization of Land Administration and Management Activities (to District &Village Levels)¥ Establishment of a Computerized National Land Information System for effective LAM¥ Increase land revenue of 15% pa to 5% of GDP 9
Govt’s plan related to Land sector for Y2012¥ Adoption of the National L&NR Policy and Master Plan to be used within this 5Y plan;¥ Completion of micro-LU plans for every locality of Laos;¥ Completion of national-wide land titling excise (200,000 parcels)¥ Increase land revenue by 15% . 10
Importance of Land management and administration¥ a nation cannot succeed if development objectives of that country are not supported by development policies that are based on good land management and administrationThis is because¥ good land management and administration can maintain proper balance between nature and social and economic development.¥ Need of holistic approach to land management and administration to keep ecological and environmental balance 12
Land Management and Administration Steps/Cycle¥ Public Education & awareness raising¥ Land Use Planning and Allocation¥ Land Use Rights Registration¥ Promotion of Land Utilization and Development¥ Collection of Land Use fees¥ Land Use Monitoring and Inspection¥ Land Use /land Transaction Administration¥ Policy Feedback and Updating
Issues of past LUP/LA exercise Generally participation of the villagers in the LUP/LA exercise was very low Village land use maps, regulations, data on land titles etc. was lost / not available at DAFO or LMA The villagers did not really know if their temporary land use certificate was still valid or how to obtain an actual land title (no follow-up after 3 year validity) LUP/LA arrangements were largely obsolete due to population increase and land concessions Only temporary land use certificates have been issued so far (only 1 permanent land title in the sample) which are all invalid by now. LNRRIC/NLMA 2010 August
Hilly Topography and Limited Agricultural potential Land under 5% slope Land 5–25% slope Example of Land (Biophysical) Condition in Northern Part of Laos.22
Land use & land cover Mostly forest Upland agriculture & forest Grassland Intensive agriculture mostly mixed forest/upland production systems23
Tentative Land Use Zones Native ecotype(soil quality indicator) Slope class plots Land Suitability Matrix Conservation status 1 S S S S S S 2 U U U U U S 3 U U M S M M + 4 5 M U S U S U S U U U U U + 6 U U M U M S 7 U U S S S M 8 U U U U U U 9 U U M U M M …
Development Objective: Bring livelihood systems from poverty to adequacy 20 Project objective Adequacy level = 17.5 M kip per family Income level at which (Estimated poverty line)Million kip families can meet food, Subsistence level = 12.2 M clothing, & shelter needs, 10 kip per family Current conditions plus education, medical & Income level at which tax expenses, plus small Average output = 8 M kip savings families can meet food, per family clothing, & shelter needs, plus occasional – but insufficient – education, POVERTY ADEQUACY medical & tax expenses 0 26
Issuance of Land Titles in different Land use Zones Regenerating forest Reserved land Community forest Newly allocated Agricultural land parcels Wildlife conservation forest Watershed protection forest
Significance of the cadastre SDI Mapping agencies Cadastral and other data Land Spatially providers management enabled engines… paradigm government1. Multipurpose Incorporating:Cadastre(German style) Tenure Land policy Spatially2. Title or deeds Value enabled Sustainable LAS development Integrated functions Parcels Bettertenure style Properties decision - Economiccadastres Buildings making - Environmental Roads - Social Services to - Governance business Use and3. Taxation driven publiccadastre(Latin /Spanish /French) Country Development context
LNRRIC Plan Follow up activities related to Communal land/NR property¥ Finalization and development of guide line and data collection format for national survey/research on communal land and NRM.¥ Organize a national wide survey and compilation of case study/information related to communal rights related to land & NR in different localities, landscapes and ethnics of Laos;¥ Development of policy brief document on communal land titling;¥ Organization a national workshop on communal land titling;¥ Production of resources book/hand out of case studies on communal land use and titling;¥ Production of training materials for TOT on communal land use and titling;¥ Organize a national training of TOT on communal land titling for Provincial and District personals.
Issues raised¥ How to organize?¥ Who/which organizations are interested in the said exercises?¥ Who is willing to take lead?¥ Potential cooperation between LWG and and &NRSubSector?
Potential Types of Communal Land & NR in Rural LaosCommunal housing land Communal land for spiritual functions ( Cemetary, pagoda/church, etc..) community production Communal land for public forestry utilities (village admin office, school, health care, market, etc..) communal agricultural Reserved communal land for plantation future allocation Communal wetland Rotational slash&burn cultivation areas Communal protection forests