New ‘weapons’ of the weak: Information, networking and knowledge. Tools for improving land rights of local people PRESENTATION BY KHAMLA PHOUTHARATH PROJECT MANAGER RIGHTS-LINK LAO (LAND INFORMATION NETWORKING AND KNOWLEDGE)
Contents Overview of VFI Overview of land issues in Laos
General Laos and land management Key issues related to land
Improving information and awareness on legal
rights
Land use planning-land-titling Communication and networking to influence policy Through legal channels
Lessons for consideration/Challenges
VFI BACKGROUND - Began working in Laos in January 2001 - In partnership with the Global Association for people and the Environment (GAPE) - In 2003 MOU with the Salavan Provincial Office of Agriculture and Forestry - In 2005 MOU with Non-Formal Education of Ministry of Education - In 2009 began receiving support for RightsLINK Lao project which focus on Land Rights and Natural Resource Management.
The integrated “VILLAGE FOCUS” development concept VFI Laos
Health, Education and Leadership (HEAL) Land and Livelihoods (L&L)and Protection
Training Centers
Empowerment for Women and Children Program
STAFF
In 2000 VFI Laos had only employees. Since then we have grown to 47 full time staff, a youth group with 8 members, Rights-LINK project with 15 members and more than 20 farmer trainers and a number of adult literacy and health volunteers engaged on short term contracts.
Target Areas
China (505 km in the north)
Vietnam (2,069 km in the east)
Myanmar (236 km in the northwest) Cambodia (435 km in the south)
Thailand (1,835 km in the west)
Greater mekong sub region Laos: from land locked to land linked From Economically isolated to the ‘battery of asia’
Land and Forest Cover 23 million ha in total 9.8 million hectares of
forest area including plantation forests Around 5 million ha of agriculture land 70% mountainous country High biodiversity spots and potential for “green-development” (tourism, REDD, etc)
Socio Economic Overview Population: 5.6 million Population density: 24 km2 Religion: 80% Buddhism More than 41 ethnic groups,
no ‘indigenous people’ as such. Everyone has same rights on paper GDP: 500 USD (2006) Poverty high in upland areas
Policy and legal aspects of land and natural resource management Overlapping laws in relation to land and natural resource
management, which creates confusion and competition between ministries. Inflexible policies and laws on land management that do not take into account the local level realities and place local populations in a disadvantaged position. The interest of policy and law makers in more precise and nuanced information to understand the costs and benefits of different options and make more informed decisions
Key issues and gaps related community rights to land/ land on tenure
• Farmers and communities have no legal rights to land • Land use planning has yet to be done • Land titling still to be carried in rural areas • Uncertain how communal land will be dealt with
• Increasing land use conflicts.
• Lack of local staff and leader capacity. • Lack of coordination amongst all stakeholders • Farmers and communities lack mechanisms to seek recourse to problems
Three strategies for improving communities access and control over land
Land use planning, titling and communal land titling Working with government and NGOs to implement
new land use planning process in target provinces
Trying to act as bridge between MAF and NLMA along with other NGOs
PLUP/LA to lead to individual and communal
titling This would be followed up with community based NRM (Forestry, etc) to ensure communities are empowered to protect and manage their resources Testing out approaches to land management at the sub-district level to create local networks
Networking Working with and through a number of national networks:
• Land Issues Working Group (LIWG) • Working with and through LIWG – consortium of NGOs committed to improving land rights of local people. • LIWG acts as a platform for NGOs to work collectively with the Government on different areas • Carried out studies and workshops related to land issues • Currently working with Gov. to implement new PLUP/La Regulations
• MIC-MAC, Gender Development Working Group and Mak Phet (Chili Group) which are working on land related issues • Rights-LINK supporting establishment of network for 5 southern provinces where land issues are most pressing
Information and Knowledge Rights LINK is establishing the LINK Centre
which will be a space for :
accessing information (Digital and physical) on land and natural resource management Seeking advice and consultation (Lao Bar to set up consultation area) Dialogue on land related issues, particularly workshops, debates and activities Center will open up before December – welcome all from region to visit! Carrying out collaborative research to gain
better understanding of land related issues with NAFRI, NUOL and other research agencies (and foreign researchers).
Communication and dissemination Producing materials on land and legal rights Supporting the production of best practices from other NGOs and agencies to be disseminated widely Production of the Legal guidebook on Village rights and responsibilities to manage land and forest resources Developing case study series on land conflicts and issues Working with CIDSE to translate key documents from different countries to provide to Lao policy markers. Developing “Law Calendar” with CIDSE, JVC and VFI
Communication Policy group to be established to link more directly with policy makers in key ministries Establishing partnership with Lao Radio and LNTV to have show on land rights and responsibilities Will establish Lao Land Information discussion group
Legal Support Accessing recourse through legal channels is just beginning in Lao– many different organizations now partnering up with Faculty of Law and Lao Bar Association to improve legal understanding at the local level through ‘barefoot’ lawyers VFI is currently focusing on:
Supporting law students to carry out paralegal courses at the village level Developing conflict management materials and training Access to justice survey with Lao Bar association Developing understanding about legal ways to support communal land titling
Challenges • Developing policy makers awareness and
understanding of local issues and concerns and how they can be solved • Empowering local people to protect their rights in terms of land issues and natural resource management. • Capacity of government to manage land in fast changing environment • • •
Overlap of performance among the government partners at all levels Transparent procedures are in place and staff have capacity to implement Staff have ability to enforce and monitor (legally and empowered to do so)
Thank you ! Thank You