This expanded edition presents regional and country perspectives on access to land for the rural poor from the eight countries-Bangladesh, Cambodia, India, Indonesia, Nepal, Pakistan, Philippines and Sri Lanka. It makes assessments of land reforms and their implementation, and the legal frameworks and conditions necessary to advance land rights. The publication also examines the changing roles of government, the private sector, NGOs and civil society in influencing agrarian reform and sustainable development for the rural poor.

Land Tenure Working Paper 20 presents an overview of the distinctive features of communal tenure in different community-based land and natural resource management systems. Two models of communal tenure are presented in the paper; these models differ in terms of the function of the state, the length of tenure and the characteristics of the resource system concerned.

Most of the land reforms of recent decades have followed an approach of “formalization and capitalization” of individual land titles (de Soto 2000). However, within the privatization agenda, benefits of unimproved land (such as land rents and value capture) are reaped privately by well-organized actors, whereas the costs of valorization (e.g., infrastructure) or opportunity costs of land use changes are shifted onto poorly organized groups. Consequences of capitalization and formalization include rent seeking and land grabbing.

This paper aims to describe the status of land reform in Cambodia by looking at the background information, general approaches and basic types of land reform from the world’s views and experience, and the efforts taken thus far on land reform in Cambodia. The paper also reflects on key elements, principles, good and bad experiences, innovations, achievements and challenges around the issues of Cambodia’s land reform.

OVERVIEW: Cambodia is a largely agrarian country that emerged from a history of political strife and instability into a period of steady economic growth. However, the country started from such a low base that even after a decade of growth averaging 7% per annum, GDP is only $650. Cambodia is ranked 176th out of 213 countries in terms of purchasing-power parity. Poverty rates have reduced somewhat, but they remain higher than in most countries in the region and are only slightly lower than in Laos.

ABSTRACTED FROM EXECUTIVE SUMMARY: This paper seeks to add to the growing literature on land concessions by examining a recent, high-level concession as a means of understanding three aspects related to concessionary investments: (1) the process by which concessions are awarded and implemented; (2) the intricate relationship between land use, land tenure, and land ownership in the face of concessions; and (3) the way in which village and household livelihoods are impacted due to such massive land use and ownership changes.

ABSTRACTED FROM SUMMARY: One of the peculiarities of the Vietnamese land system is the existence of a ‘zero state’ with regard to land institutions: all the country’s existing land institutions were put in place in the last 25 to 30 years. However, this does not mean that there is no history of such bodies; indeed, those that are now emerging carry the traces of each past period.

This 2010-11 Annual Development Review is the sixth annual review produced by CDRI on major development issues for Cambodia, and addresses several of the issues raised above.

Access to arable land is key to pro-poor agricultural production. Although nearly 69 percent of the rural population in Cambodia is engaged in smallholder farming, the average size of cultivated land per farming household only amounts to less than one hectare, and 14.7 percent of rural farmers do not possess land at all. In order to accomplish a more equitable distribution of land, the discussion over ‘land-grabbing’ needs to be advanced to the promotion of smallholder-inclusive approaches, such as partnership farming between smallholders and agribusinesses.

Community forests (CFs) in northern Burma have been gaining momentum since the mid-2000s, spearheaded by national NGOs, mostly in response to protect village land from encroaching agribusiness concessions. While the production of these new CF landscapes represents the material resistance against state-sponsored rubber, in effect it produces contested state authority by formalizing control of former customary swidden hills under the Forestry Department.

Following the »Land Policy Declaration« from July 2009, the Royal Government of Cambodia henceforth has the unique opportunity to implement a land valuation policy by the Council of Land Policy. Land valuation, taxation and capacity building are indispensable elements of a land reform in Cambodia. By improving prior assessment tools for valuation and taxation, Cambodia could serve as an example for the development of taxation in circumstances when rent-seeking, speculation, informal land markets and an unequal land distribution occur.

This paper focuses on legal and economic instruments of the multi-donor-driven land reform in Cambodia with its overarching aim of achieving tenure security and reparation after the Khmer Rouge. Land tenure applies to state public/state private property and private property. The essential property form for public land management is state public property. This property must be interpreted in the future as the property of Cambodian people that serves all human beings in the country.