At the second regional stakeholder workshop on February 23, 2016, the Learning and Alliance Building group leaders presented on their thematic areas. They gave an overview of their activities, who is involved, the objectives and intended results, what progress has been made and what the main challenges are for the group. The customary tenure group presented second.

1. Funded by: Implemented by: Supported by:
2nd Regional Stakeholder Consultation Workshop
Recognition of Customary Tenure
23 February 2016, Mercure Hotel, Vientiane, Laos PDR
Chansouk Insouvanh, MRGL

2. Regional level L&A
The Need for CT Recognition
Opportunities:
• Various mechanisms put in place
Eg Myanmar Land Policy and
“supportive intentions” by
governments
• A renewed international
momentum to recognise
community, farmer, and
indigenous land rights (Voluntary
Guidelines for the Governance of
Tenure (VGGT, SDG)
• Donors commitments
Challenges:
• Limited effects in practice- CT is
untitled, is at high risk of land
alienation due to agribusiness
concessions, deprive the vulnerable
of their livelihood, esp FS
• Recognition through negotiation
processes. Eg, land acquisition, Laos
• The need for building knowledge
regionally to better understand
customary systems in its diversity
and to support national and regional
land policies dialogues

3. The Importance of CT
• Millions of farmers in CLMV countries do not have land titles,
they depend on NR and land, managed under the CT systems
for their livelihoods
• Rural Ppl/IP/Ethnic Groups are distinct communities: the land
on which they live and the natural resources on which they
depend are inextricably linked to their identities and cultures.
• Dispossession from the land or restriction of access to natural
resources, therefore, brings not only economic
impoverishment but also the loss of identity and threatens
their cultural survival-Put their lives/livelihoods in danger.

4. Key Management & Implementating
Partners
1. FAO, Oxfam, AIPP and the thematic group members at
MRLG Project include:
 Myanmar –LCG/ IP organisations National L&A on customary
tenure documentation in ethnic communities
 Cambodia –CIYA/ CIPO L&A on capacity building of indigenous
community leaders
 Laos – LIWG/ DOLA L&A on communal land registration
 Vietnam - Forest Trend/ RECOFTC L&A on devolution of State
forests to local communities, small famers and minorities

5. Expected outcome for 1st Year
1. Awareness on the recognition of CT contributing to
enhanced tenure governance and security of CT.
 Stock taking exercise : Prepare country report
 Document and disseminate information
 Provide of Roadmap to the recognition of CT and responsible
governance.
2. Dialogue platforms established at national and regional
levels
 Engaging Governments to establish dialogue and cooperation
 Develop multi-stakeholder platforms at national/ regional level

6. Where we are and planned Activities
Activity Responsible Partner Timeframe
1. Country Stock- taking studies FAO+MRGL+
Consultants
Sep15 to Feb 16
2. Present country level conclusions in
National Stakeholders workshops
MRLG+ FAO December/ Feb 2016
3 First exchange at regional level All stakeholders 22-24 February
4. Completion of Stock-Taking at national
level
MRLG + Consultants +
reviewers FAO/AIPP/
OXFAM/ Focal points
5. Production of national level policy
discussion briefs
MRLG+ FAO + consultants
+ national focal points
6. Production of Regional Synthesis FAO + consultant
7. Production of regional discussion briefs FAO + consultant
8 Regional multistakeholder / policy makers
workshop
MRLG

7. The recognition of Customary Land
Tenure
Discussion Summary
Jeremy Ironside
MRLG Project

8. Recognition of Customary Tenure:
Opportunities
• Recognition of customary tenure in the new Myanmar Land
Policy and indigenous community land rights in Cambodia.
• Recognition in the draft Land Policy and Land Law, Laos (also
recognition of communal land management).
• Possibilities for local Forest Users Associations in Viet Nam.
Also possibilities for the role of communities in forest
management within the Forest Law revision,
• Village authorities have to approve the use of village lands –
Laos.
• Legislation recognises customary rights to use resources, this
concept could be built on.

9. Recognition of Customary Tenure:
Challenges
• Overestimation of reliance on the law. Need to strengthen
implementation.
• No legal recognition of communities in Viet Nam and Myanmar.
• Overlapping claims by the state and customary users.
• In Cambodia customary rights mainly focuses on indigenous communities.
Communal titling processes are slow.
• Difficult to exercise customary rights over forest areas.
• Limited awareness of customary rights in communities.
• Attitudes that customary practices don’t have a place in ‘modernisation’.
• Documentation of customary practices, mapping and land use planning
processes take time and resources.

10. Key areas for future work
• Engaging with policy makers.
• Strengthening the recognition of customary forest management.
• Simplifying registration processes.
• Strengthening interim protection measures.
• Ensuring equity within customary systems.
• Combining private and communal rights
• Accessing to credit for communal land holders
• Clarifying tenure types – differentiate between ownership,
management, access and control.