Thumbnail Image

Land tenure in Asia and the Pacific

Forests










Also available in:
No results found.

Related items

Showing items related by metadata.

  • Thumbnail Image
    Book (stand-alone)
    Women’s land rights and agrarian change: Evidence from indigenous communities in Cambodia 2019
    Also available in:
    No results found.

    Current changes in land tenure in Cambodia are reshaping indigenous communities agrarian and socio-economic systems. Customary laws that have determined land usage and rights, are now undergoing profound transformations. The commodification of land, influenced by processes of dispossession and alienation, is reshaping communities’ norms and customs. Land, before freely available to users, is now substantially a private asset and as such transferred from one generation to the next one like other assets. Customary laws derive their legitimacy from social systems that are context specific and change with time. This determines their ambiguous character as instruments for resistance and self-determination as well as generators of unequal social relations in rural communities. The experiences from other continents and countries have shown the contradictory and often conflicting linkage between customary land rights and women’s rights to own land. This study analysis the customary inheritance system of indigenous groups in Northern Cambodia, prevalently centred around matrilineal or bilateral kinship, where women used to inherit and own the principal family assets. The research questions focus on indigenous women’s inheritance and property rights as they apply to land, in the context of increasing land commoditization and scarcity. The aim of the enquiry is to contribute to the understanding of the gender implications of these changes, by gaining insight about women’s position vis-à-vis land property, inheritance and transfer to new generations. The changes in land tenure that have occurred in Ratanakiri province during the last decades have resulted in a substantial alienation of land and resources formerly available to indigenous people. Consequently, the area farmed under shifting cultivation has significantly decreased and been replaced by permanent commercial crops, while the increasing monetization of communities’ economy has triggered new processes of social differentiation. Little support has been given to indigenous farmers in order to manage this transition and adapt their farming system while maintaining its sustainability. The legal instruments deriving from the Land Law, which in theory should have contributed to provide formal legal protecting to indigenous land and allow communities to continue using land according to their traditional tenure system were impaired by delays and the obstacles in the practical implementation of the law. External actors, institutional as well as non-governmental, have been actively promoting agricultural practices centred on rapid gains, unsustainable exploitation of land and forest, carpet introduction of monocultures without creating the conditions for the establishment of favourable value chains and market conditions. The changes that have taken place have important implications in terms of women’s role and status within communities: not only because of the farming system transition, but also as a consequence of the increasing influence of the mainstream culture, in which gender norms are more hierarchical and constrictive then the ones in use among the indigenous peoples targeted by this study. Following the evidence presented here, strengthening indigenous women land rights may result from a multipurpose approach that embraces different areas of interventions and actors, detailed in the recommendations provided.
  • Thumbnail Image
    Booklet
    Challenges and opportunities of recognizing and protecting customary tenure systems in the Lao People’s Democratic Republic
    Policy brief
    2019
    Also available in:

    This policy brief was developed in order to enable a meaningful engagement and policy dialogue with government institutions and other relevant stakeholders about challenges and opportunities related to the recognition of customary tenure in the Lao People’s Democratic Republic. Customary tenure is understood to be the local rules, institutions and practices governing land, fisheries and forests that have, over time and use, gained social legitimacy and become embedded in the fabric of a society. Although customary rules are often not written down, they may enjoy widespread social sanction and may be generally adhered to by members of a local population (FAO, 2016). In this context, this document aims at strengthening the recognition and legal protection of customary tenure systems in the country in line with the key principles of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT). It is important to note that customary tenure systems exist on both communally managed land and on individual land used by individuals and households.
  • Thumbnail Image
    Book (series)
    Statutory recognition of customary land rights in Africa
    An investigation into the best practices for lawmaking and implementation
    2010
    Also available in:
    No results found.

    Given the recent trend of granting vast areas of African land to foreign investors, the urgency of placing real ownership in the hands of the people living and making their livelihood upon lands held according to custom cannot be overstated. This study provides guidance on how best to recognize and protect the land rights of the rural poor. Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations ' formal legal frameworks thereby making customary land rights equal to documented land claims. This publication investigates the various over-arching issues related to the statutory recognition of customary land rights. Three case studies of land laws in Botswana, Tanzania and Mozambique are analysed extensively in content and implementation, concluding with recommendations and practical considerations on how to write a land law that recognizes and formalizes customary land rights. It cautions lawmakers that even excellent laws may, in their implementation, fall prey to political manipulation and suggests various oversight and accountability mechanisms that may be established to ensure that the law is properly implemented, the land claims of rural communities are protected, and the legislative intent of the law is realized.

Users also downloaded

Showing related downloaded files

No results found.