Economic and legal reforms have triggered waves of conflict over property rights and access to urban land in Vietnam. In this article I develop four epistemic case studies to explore the main precepts and practices that courts must negotiate to extend their authority over land disputes. Courts face a dilemma: Do they apply state laws that disregard community regulatory practices and risk losing social relevance, or apply community notions of situational justice that undermine rule formalism?

Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, user rights are often limited. Relying on a unique Vietnamese panel data set at both household and plot levels, we show that crop choice restrictions are widespread and prevent crop diversification. Restrictions do not decrease household income, but restricted households work harder, and there are indications that they are supplied with higher quality inputs.

The paper documents how the implementation of the land tenure policy of the Vietnamese government has affected the agricultural system, livelihood strategies and food self-sufficiency of Thai farmers in a remote upland village, Que, in Nghe An Province, North Central Vietnam. It is shown that the enforcement of restrictions on the area under swidden agriculture has resulted in a strong reduction of swidden agriculture production and shortened fallow periods, not compensated for by the slow increase in paddy rice production.

ABSTRACTED FROM EXECUTIVE SUMMARY: In October 2014 the Myanmar government unveiled a draft National Land Use Policy (NLUP) and announced it would take public comments for a limited time before finalizing the document. Once it is finalized, the new policy will determine the distribution, use and management of the country’s land and related natural resources like forests and rivers, for years to come.

In Myanmar, movements for gender justice strive to foster personal and collective security, vibrant livelihoods, and political engagement during a period of rapid and uncertain transition. This article draws from the experience of the Gender Equality Network (GEN), a coalition of over 100 organisations in Myanmar. It examines three cases in which GEN sought to document existing forms of resilience and expand these mechanisms through national-level advocacy. The first describes current attempts to publicise, and eventually eliminate, violence against women (VAW).

As a global phenomenon, land grabbing has significant economic, environmental, and social impacts, often resulting in serious conflict between the local community and outsiders. The aim of the study is to get a deeper understanding of the extent to which land grabbing and resulting land-use conflicts affect the move towards sustainable forest management (SFM) in Cambodia. Two case studies were conducted involving community forests (CFs), with data collected through literature review, key informant interviews, focus group discussions, and field observations.

Land reform, land politics and resettlement in Laos have changed people’s land access and livelihoods. But these reforms have also transformed political subjectivity and landed property into matters for government to a degree hitherto unknown in Laos. The control over people, land and space has consolidated sovereignty in ways that make government an ineluctable part of people’s relation to land. This transforms agrarian relations. Three cases demonstrate how rural small holders’ access to land depends on the ways in which property and political subjects have been produced.

Namati offers this brief in the hope that Myanmar’s national reforms and the implementation of the country’s new National Land Use Policy can grow from the lived experience of ordinary Myanmar citizens. Namati and our partners assist farmers in Myanmar to claim their land rights through a community paralegal approach. Community paralegals are trained in relevant laws, community education, negotiation, and mediation skills to work with farmers to resolve a variety of land rights issues.

Political transitions often trigger substantial environmental changes. In particular, deforestation can result from the complex interplay among the components of a system—actors, institutions, and existing policies—adapting to new opportunities. A dynamic conceptual map of system components is particularly useful for systems in which multiple actors, each with different worldviews and motivations, may be simultaneously trying to alter different facets of the system, unaware of the impacts on other components.

In 2012, the Government of Myanmar passed the Farmland Law and the Vacant, Fallow, Virgin Land Law, with an aim to increase investment in land through the formalization of a land market. Land titling is often considered “the natural end point of land rights formalization.” A major obstacle to achieving this in Myanmar is its legacy of multiple regimes which has created “stacked laws.” This term refers to a situation in which a country has multiple layers of laws that exist simultaneously, leading to conflicts and contradictions in the legal system.

After 50 years of military rule, in 2011 the Thein Sein government’s reforms in Myanmar (Burma) entailed a reengagement with the international community, including major international financial organizations, donors, nongovernmental organizations (NGOs), and civil society organizations (CSOs). The government’s social and economic development policies, which were strongly influenced by this engagement, encouraged private domestic and foreign investment in agriculture to create wealth and reduce poverty.

We estimate whether a land reform program led to higher incomes for ethnic minority households. In 2002, in the Central Highlands of Vietnam, Program 132 directed the transfer of farm land to ethnic minority households that had less than one hectare of land. Using the 2002 Vietnam Household Living Standards Survey as a baseline, in 2008 we resurveyed over one-thousand households to provide a retrospective evaluation of the impact of their participation in Program 132.