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Concept Note and Programme for the Second Regional Land Forum of the Mekong Region Land Governance Programme (MRLG)

Bangkok, Thailand 28-30 May 2018










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    The recognition of customary tenure systems and responsible land-based investments that safeguard legitimate tenure rights and right holders are the interconnected main themes for mainstreaming the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) in Cambodia, Lao People’s Democratic Republic, Myanmar and Viet Nam. This study aims at providing an assessment of the legal frameworks in the four countries to analyse whether safeguards for legitimate tenure rights and tenure right holders can be identified in legal provisions applicable to decisions related to land-based investments in agriculture. The assessment also aims at informing and supporting ongoing processes of policy and legal reform in the four countries, as well as the work of organizations that provide support to these processes.
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    Land access in the 21st century
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    The present paper seeks to cover the key issues, trends, constraints, challenges, knowledge gaps and policy options on a range of dimensions of land access. Land access is broadly defined as the processes by which people individually or collectively gain rights and opportunities to occupy and utilise land (primarily for productive purposes but also other economic and social purposes) on a temporary or permanent basis. These processes include participation in both formal and informal markets, lan d access through kinship and social networks, including the transmission of land rights through inheritance and within families, and land allocation by the state and other authorities with control over land and landowners. While understanding all of these processes and their operation for land users as a whole is of relevance to land policy, the concerns of this paper are: a) the opportunities to access and utilise land for the rural poor, considered as those who are landless or with limited, in sufficient and insecure access to land, and for whom land access is important for a livelihood and/ or for food security; and b) to assess the place of policy and programmatic interventions in influencing processes and opportunities for land access for these groups.
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    Gender and land compendium of country studies 2005
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    From the outset, the development of agriculture has been strongly associated with women’s endeavour. In fact, women’s contribution to agriculture goes back to the origins of farming and the domestication of animals when the first human settlements were established more than 6 000 years ago. Over the years, the division of responsibilities and labour within households and communities tended to place farming and nutrition-related tasks under women’s domain. Nowadays, in many societies women continue to be mainly responsible for family food security and nutrition. Nevertheless, the institutional framework and policy environment have not necessarily evolved to respond to the goals of human and social reproduction; on the contrary, they have been subordinated to financial and profit-making goals. Gender, together with other social and economic factors, determines the individual’s and group’s access to and control over resources. Cultural norms and social practices, as well as socio-economic factors, are among the main obstacles women face in this regard. In practice, although most national legal codes have explicitly incorporated legal provisions acknowledging gender equality in relation to access and ownership of land and other productive resources, it has been noted that women’s rights to own resources on equal conditions to those of men are repeatedly disregarded or overlooked.

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