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National Land Use Policy (2016) - Excerpts on National Land Law Formulation

Reports & Research
Mars, 2016
Myanmar

This document highlights, in English and Burmese, some key chapters of the National Land Use Policy: Objectives...Grants and Leases of Land at the Disposal of Government...Procedures related to Land Acquisition, Relocation, Compensation, Rehabilitation and Restitution...Land Use Rights of the Ethnic Nationalities...Equal Rights of Men and Women...Harmonization of Laws and Enacting New Law...Monitoring and Evaluation...Research and Development.

Reform State-Owned Forest Enterprise and Ethnic Minority Land Tenure Security in Vietnam

Policy Papers & Briefs
Mars, 2016
Vietnam

During revolution and national unification, Vietnamese government nationalized agricultural and forest land throughout the country. While agricultural land was de-collectivized in the Doi moi reforms since mid-1980s, the majority of forest and forest land has continued to be managed by state enterprises. For members of Vietnam’s 53 recognized ethnic minority groups, the formation of state-owned forest enterprises (SFEs) has meant the end of customary tenure arrangements, leading to exclusion from traditional lands used for agriculture, hunting, and collection of non-timber forest products.

Customary Tenure in Myanmar

Videos
Février, 2016
Myanmar

This video is based on the combined efforts of 5 civil society organizations and ethnic youth organizations (88 Generation, Point, FLU, KYO&TSYU) to document local Customary Tenure practices in different villages throughout the country, in the states of Shan North, Shan South, Magwe and Kayah, with the support of MRLG. It’s explains how they implemented the documentation of Customary Tenure practices. The video also explains what customary tenure is, based on the local communities point of view and practices, and why CT recognition is important to them.

People's Law Journal

Reports & Research
Février, 2016
Afrique du Sud

The first volume of the People's Law Journal was written by the Land and Accountability Research Centre (LARC) in the Faculty of Law at the Universityof Cape Town and edited and published by Ndifuna Ukwazi. The journal explores a wide range of relevant issues including land restitution, elite capture, traditional leadership, mining and the erosion of communal land rights in the post-apartheid era

Customary tenure in Nan-Pan village, Southern Shan State, Myanmar

Reports & Research
Février, 2016
Myanmar

Key findings:
"There is no landlessness in the village
and the shifting cultivation land is divided
equitably for farming. However,
there is the concern that part of their
shifting cultivation area has been classified
as reserved forests by MOECAF. So
this land could possibly be granted by
government to businesses.
The villagers did not apply for titles during
the latest land registration process.
The community does not wish for private
land registration even on terraces

Customary Tenure in Myat Latt Village, Magwe Division, Myanmar

Reports & Research
Février, 2016
Myanmar

Key findings:
"There is no landlessness in the village
and the land is shared equitably. The
land cannot be sold and belongs to the
community. It is the basis of their livelihood and the future of their children.
The forest outside community forest area in Myay Latt territory is being logged
by outsiders. The villagers tried to tackle
illegal logging but due to corruption and
lack of law enforcement, this is still increasing. Recognition of these customary forest areas and of the community's
good practices is important so that the

Study of Upland Customary Communal Tenure in Chin and Shan States - Outline of a Pilot Approach towards Cadastral Registration of Customary Communal Land Tenure in Myanmar

Reports & Research
Février, 2016
Myanmar

Outline of a Pilot Approach towards Cadastral Registration of Customary
Communal Land Tenure in Myanmar....."...The objectives of the study were to identify legal ways using the Farmland Law 2012 and
Association Law 2014 to protect through land registration the untitled agricultural uplands,
including the fallows of upland shifting cultivation that are possessed by ethnic nationalities
that manage their lands under customary communal tenure. The risk of possible alienation of

Forest Customary Tenure in Man Ping Village, Northern Shan State, Myanmar

Institutional & promotional materials
Janvier, 2016
Myanmar

The poster presents an overview of forestland, livelihoods and customary practices in Man Ping Village, Northern Shan State, Myanmar. This poster is one of a five village case studies produced by partner organizations during field-based training on how to document customary tenure systems, supported by MRLG.

Legal Pluralism and Tenure Security

Journal Articles & Books
Janvier, 2016
Zambie

The purpose of the research is to: 1) investigate the interpretation of the sections in the Lands Act of 1995 that provide for the statutory recognition on one hand, and conversion of customary land, on the other; and 2) discuss the effects of the said sections on customary landholders. Methodologically, qualitative methods (largely in-depth interviews) were used to conclude that governments in sub-Sahara Africa are the architects of tenure insecurity because they (knowingly or otherwise) enact laws that are contradictory or conflicting in nature.

Land and Governance under Fifth Scheduled Areas-An Overview of the law

Journal Articles & Books
Janvier, 2016
Inde

This book made an attempt to bring together various legislative protections available to the tribals communities pertaining to the land and governance in the scheduled areas and the role of different institutions to achieve the goals enshrined in the Constitution. It examined the Fifth Schedule of the Constitution and its various provisions and special arrangements made for areas inhabited by Scheduled Tribes and the law relating to local self governance in these areas, primarily through village panchayat-an institution of local self governance.