The Recognition of Customary Tenure and Communal Rights in China

1. The Recognition ofThe Recognition of
Customary Tenure andCustomary Tenure and
Communal Rights in ChinaCommunal Rights in China
Shengzhi Li
Sichuan Academy of Social Science

2. Some in China’s HistorySome in China’s History
1.1. Before the liberation (1949) ,Before the liberation (1949) , Aristocracy –Aristocracy –
Family Control – CommunityFamily Control – Community,, The imperialThe imperial
power or authority does NOT go down topower or authority does NOT go down to
countrysidecountryside..
2. 1949 – 1980:2. 1949 – 1980: Collectivization andCollectivization and
CentralizationCentralization,, every right belongs to theevery right belongs to the
collectivecollective

3. Some Factors in China’s HistorySome Factors in China’s History
3. 1980 – :3. 1980 – : ReformationReformation,, Cross the river byCross the river by
feeling the stonesfeeling the stones
• Development and revision of Land laws, allDevelopment and revision of Land laws, all
emphasizes on collective property-rightemphasizes on collective property-right

4. Beijing
Western ChinaWestern China

5. • One Village, > 1,000 km2
, 10 households
• Common affairs, both in production and daily-life
• Customary tenure in Gonggashan N.R.
• Communal rights and collective actions
2. Gongga
Village

8. • One Village, 2,200 km2
, 180 – 200 households
• Government tried to divide and contract grassland to
households in the last 20 years
3. Cuochi
Village

9. • Community: still maintain nomadic production and
life style with close cooperation with 4 – 5 households
• Government: Too far to Monitor and CORRECT

12. • National Grassland Conservation Program + Wetland
Conservation Program
• USD 10,000 – 20,000/year, some > 50,000 /year
• Direct to households, no serious monitoring and penalty

13. 4. Ecological Resettlement

14. about USD 10,000/household subsidy, better social service

15. 15

16. 16
1960s -1972
May
June
August
November

17. 17
1982-2000
May
September
August
October
June

18. • 向传统学习向传统学习
• 恢复移动性恢复移动性
• 合作与合作社合作与合作社
18
2000-2012
Fenced Area in May Fenced Area in December
June - September
September - November

19. 5. Reformation of Collective-owned Forest Land5. Reformation of Collective-owned Forest Land
• Forest land allocated to households;
• To classify households’ utilization rights,
management rights of forestland, and property
right of trees;
• Resistance and procrastination of officers at
grassroots level, regarding issues of efficiency
and fairness, specially customary tenure;
• Not completed after 10 years

20. 6. Civil Society’s Intenventions

23. FutureFuture
3. 1980 – : Reformation,3. 1980 – : Reformation, Cross the river byCross the river by
feeling the stonesfeeling the stones
• Granting land utilization rights to households,Granting land utilization rights to households,
firstly 30 years, and then permanent;firstly 30 years, and then permanent;
• National conservation programs onlyNational conservation programs only
recognize household as a qualified unit butrecognize household as a qualified unit but
not collective;not collective;
• Privatization of collective-owned forest land;Privatization of collective-owned forest land;
• Out-migration and off-farm employmentOut-migration and off-farm employment

24. FutureFuture
3. 1980 – : Reformation,3. 1980 – : Reformation, Cross the river byCross the river by
feeling the stonesfeeling the stones
• Incentives given to cooperatives;Incentives given to cooperatives;
• Enhancing rural governanceEnhancing rural governance

25. FutureFuture
Communities ?Communities ?