Lin huang s2 recognition of customary tenure
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Transcript of Lin huang s2 recognition of customary tenure
Customary Land Tenure Documentation
(Regional Land Forum 21-23 June 2016, Hanoi
Vietnam)By Ling Houng
Background of the documentation • millions of farmers, especially in the uplands, are
managing their land and natural resources under customary arrangements
• No legal recognition by law but integrated in NLUP• This exercise was conducted as part of the Learning
& Advocacy activity developed in Myanmar by 6 advocacy groups
• In 2015, six CSO organizations in Myanmar were trained in Participatory action Research
• Started to develop a method for local organisations to be able to document customary tenure
• It is about the governance of land and NR under custnmary tenure, the rules used by villages, the way they manage collective resources.
Backgroud of the villageSar Pauk Village
• The village has founded since 400 years ago
• The villagers belongs to Asho Chin ethnic minority
• 60 households
Method of documentation 1st Trip ( 23 to 25
May)2nd Trip ( 12 to 14 September)
3rd Trip ( 11 to 13 January)
Focus Group Discussion with community members
11 persons (6 male 4 female)
11 persons ( 9 male and 2 female)
Focus Group Discussion (Women Group)
8 persons
Focus Group discussion (Youth Group)
9 persons
Focus Group Discussion (Elders Group)
7 persons
In-depth Interview 2 persons
Total 11 persons 35 persons 2 persons
Types of land Use
• Rotational farming • communal land(rotational farming )• Orchard land• Watershed areas• Forest (used forest), reserved forest
Land Tenure / Access to the land
• Dama U Cha Principle (the first cultivator become the owner of certain land)
• Clans: 9 clans/ the right to inherent
• Individual/ private claim but manage in communal manner
• Immigrants/ Asho Chin people nearby the village
• Outsiders/ not sell to outsiders
Land Allocation/ Sharing • Rotational Farming/ Sweden agriculture/ SC• Allocate farm plots in the Village meeting
( Oct/Nov)• Every family has the right to access the Plot for
cultivation• Not lottery system/ but allocate the land based
on household size and size of certain plot• For instance, big family- 2 hector, small family-
1 hector • Immigrants has the right to access the land for
rotational farming
Forest
• All villagers has the right to access the forest• Timber/ bamboo for buildings• Collect NTFP/ vegetables• immigrants has equal right to forest • But not outsiders/ other villages nearby the
village• If other villages come and ask permission to the
village, • Villagers decide and get donation (village fund)• It is used for the village activities such as
building schools and other common activities
Ecological sound practices
• Watershed areas were conserved/ not allow to cut trees
• the forest along mountain ranges were conserved/ which improve the regeneration of trees in the fallow land
• Forest along the streams were conserved • about 60 % of the total land is forest • Timber is utilized for housing and domestic use,
not commercialized
Land Use and Crop Change
Introducing Orchard• Began to access the road since 1993• Plant long term fruit trees: Lime, Lemon, jack
fruit, orange, pine apple, banana etc• Since 1993• Access to market• Private claim lands were transformed to Orchard • Suitable land for orchard/ access to the road• Immigrant have to buy for Orchard but small
amount of cash• No right to sell to outsiders
Crop change in rotational faming
• About 90 % of rotational faming for Paddy in the past
• But now paddy occupied about 60% • Rain-fed Paddy is still dominant but • Growing Corn/ not local seed, chili and pigeon
pea are increasing because of access to market
Key findings
• Equal access to land/ rotational farming• Land is not for commercialization but for
generations• Land is for subsistence/ food security • Land is secured because of internal rules such
as selling to outsiders is prohibited, • Resources are utilized in sustainable manner
without exploitation • They have ecological sound practices such as
watershed area conservation/
Challenges
• About half of the total land of the village is in reserved forest
• No legal recognition of Customary Land Tenure by Law/ rotational farming
• Illegal logging• Land acquisition of companies nearby this area• Such as Shwe Gas Pipeline (Myanmar-China),
national grid line (under-compensated and lost of conserved customary conserved areas)
Thank You For Your Attention!