We believe that law should in principle assist vulnerable communities in changing power relations. Law is fundamentally a ‘neutral’ set of rules that constrains power by requiring decisions and actions of those in power to comply with legal rules, rights and obligations. Unfortunately, we have seen the powerful appropriate law as a tool for only protecting and strengthening their interests.

Writ­ten sub­mis­sions on the Communal Property Associations Amendment Act to the Portfolio Committee Rural Development and Land Reform

...The main purpose of this paper is to examine legal measures taken to recognize
indigenous groups and provide for their ongoing operation; the paper starts, therefore, from an
underlying assumption that indigenous groups have continued relevance to the needs and wishes
of the people who operate within them. Nevertheless, while it is beyond the scope and purpose of
the paper to explore this complex issue in any depth, it may be useful to present – however briefly
– some of the arguments made for and against the preservation of indigenous groups. In the

ABSTRACT:
"Is there a ‘best practice’ model for the legal recognition of customary tenure?
If not, is it possible to identify the circumstances in which a particular model
would be most appropriate? This article considers these questions in the light
of economic theories of property rights, particularly as illustrated by the
World Bank’s 2003 land policy report. While these theories have their flaws,
the underlying concept of tenure security allows a typological framework for

Summary: "This paper presents an overview of the distinctive
features of communal tenure in
different community-based land and natural resource
management systems. Communal
tenure refers to situations where groups, communities, or one or more villages have
well defined, exclusive rights to jointly own and/or manage particular areas of natural
resources such as land, forest and water. These are
often referred to as
common pool
resources: many rural communities are dependent on these resources for their

Elinor "Lin" Ostrom (born Elinor Claire Awan; August 7, 1933 – June 12, 2012) was an American political economist whose work was associated with the New Institutional Economics and the resurgence of political economy. In 2009, she shared the Nobel Memorial Prize in Economic Sciences with Oliver E. Williamson for "her analysis of economic governance, especially the commons". To date, she remains the only woman to win The Prize in Economics.

Abstract: "Global economic change and policy interventions
are driving transitions from long-fallow swidden (LFS)
systems to alternative land uses in Southeast Asia’s uplands.
This study presents a systematic review of how these
transitions impact upon livelihoods and ecosystem services
in the region. Over 17 000 studies published between 1950
and 2015 were narrowed, based on relevance and quality, to
93 studies for further analysis. Our analysis of land-use
transitions from swidden to intensified cropping systems

A Report to Enhance Discussions about
Customary Land Rights in Burma.....This purpose of this paper is to present a brief summary of the
issues and current
situations facing ethnic and indigenous communities around the
world that are
using a customary rights framework to manage their land and natural resources.
By outlining these experiences, ethnic groups in Burma will be
able to better understand their own context and
possibilities as they struggle to gain control over

A Report to Enhance Discussions about Customary Land Rights in Burma.....This purpose of this paper is to present a brief summary of the
issues and current
situations facing ethnic and indigenous communities around the
world that are
using a customary rights framework to manage their land and natural resources.
By outlining these experiences, ethnic groups in Burma will be
able to better understand their own context and
possibilities as they struggle to gain control over
their lands during this transitional time. While examining how

The governance of natural resources used by many individuals in common is an issue of increasing concern to policy analysts. Both state control and privatisation of resources have been advocated, but neither the state nor the market have been uniformly successful in solving common pool resource problems. Offering a critique of the foundations of policy analysis as applied to natural resources, Elinor Ostrom here provides a unique body of empirical data to explore conditions under which common pool resource problems have been satisfactorily or unsatisfactorily solved.

CONCLUSION:
"A developing country like Lao PDR is struggling to gain recognition from other countries
in the world. This requires that the country applies a human rights perspective to
governance of land. In this case the land rights are the rights of the ethnic groups in the
uplands that practice customary communal tenure. These groups would like the
government to accept and register their communal land use legally. The first step
towards this is in the development of the National Land Use Policy which is still in draft.

EXECUTIVE SUMMARY: "In recent years, many governments globally have formally recognized community land and natural resource tenure, either based on existing customary practices or more recently established land governance arrangements.1 These tenure arrangements have been called by a variety of names, such as community, customary, communal, collective, indigenous, ancestral, or native land rights recognition. In essence, they seek to establish the rights of a group to obtain joint tenure security over their community’s land.