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.

It has proved much easier to observe the stark divide between the ‘professional optimists’ in the development industry and the ‘professional pessimists’ in academic development studies than it has to disrupt these roles or to explain them in ways that prevent them remaining entrenched. This paper will present and discuss the “Geographies of Evasion” hypothesis which claims to explain how and why rights-based development interventions in particular fail.

ABSTRACTED FROM THE EXECUTIVE SUMMARY: Myanmar faces an unprecedented scale of structural landlessness in rural areas, increasing displacement threats to farmers as a result of growing investment interest by both national and international firms, expanding speculation in land and real estate, and grossly inadequate housing conditions facing significant sections of both the urban and rural population. Legal and other protections afforded by the current legal framework, the new Farmland Law and other newly enacted legislation are wholly inadequate.

Vietnam's rapid and sustained economic growth and poverty reduction in the last two decades benefitted from the policy and legal reforms embodied in the Land Laws of 1987, 1993 and 2003 and subsequent related legal acts. This note outlines reforms related to four main themes. The first relates to the needed reform for agriculture land use to create opportunity to enhance effectiveness of land use as well as to secure farmers' rights in land use. Prolonging the duration of agricultural land tenure would give land users greater incentives to invest and care for the land.

Corruption in land management from the perspective of a simple risk framework. These risk factors and forms of corruption spring from more general shortcomings in the integrity framework. In this regard, this report argues that corruption is most likely to occur when an official or office has a monopoly, when the official or office has a great deal of discretion over how the decision is taken, and when there is little accountability for that decision or transparency, which might make it harder for the corruption to proceed unabated.

Debates and critiques around land policy often focus on the neo-liberal agenda of formalising land as alienable property, most notably through land titling schemes. Sometimes these schemes are posited against alternatives such as land reform and community land holding under common property arrangements. Claims and counter- claims are made for land titling as a means to boost smallholder security in the face of involuntary or otherwise unfair alienation of land sometimes under the rubric of land grabbing.

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.

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.

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 document presents selected analyses of key issues in CFM in Vietnam. It brings together contributions by leading analysts and thinkers and is organized in three main parts: Part 1 discusses issues related to the transfer of forest rights to local people through FLA. It starts with an overview of FLA policy and its outcomes by Nguyen Quang Tan and Thomas Sikor. A case study by Nguyen Dinh Tien, Tran Duc Vien and Nguyen Thanh Lam alerts readers to the fact that too much emphasis on conservation objectives may endanger the food security of the local people.

Vietnamese land-tenure policy reforms were embedded into general economic reforms (Doi Moi), enabling the country’s transition toward a market economy. Since 1998, they were implemented incrementally together with complementary instruments such as agricultural market liberalization and new economic incentives. Major steps included disentangling socialist producer cooperatives and assigning land-use rights to its former members, developing and adapting a national legal framework (Land Law), and enhancing tenure security through gender-balanced inheritable land-use certificates.

In Vietnam, forest devolution policies were implemented in the early 1990’s under which the government transferred management power over large areas of forested land previously controlled by the state forest enterprises or local authorities to local households. The government believes that implementing devolution policies would improve local livelihoods for the upland poor and stabilize forest conditions to increase forest cover.