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.

The Land Law of 2001 was a landmark statute intended to strengthen and protect the rights of ordinary Cambodian landholders. A land titling programme (LMAP) was initiated soon afterwards, with extensive World Bank and donor support. The land occupied by the community of Boeung Kak, in the heart of the capital was excluded from this process, despite evidence of prior residence going back decades. Instead it was classifi ed as having “unknown status” by the LMAP, as “state land” by default, and as a “development zone” by authorities.

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.

The purpose of this dissertation was to discover possible shortcomings in the land registration processes and to indentify minimal adjustments for a successful land registration initiative in Cambodia. The enjoyment of collective ownership from 1979 to 1989 witnessed the failure of this system and therefore the country signalized a need of a new property system. Consequently, Cambodia introduced land privatization in 1989 in which Cambodian citizens could have a right of ownership over residential land and a right of possession over agricultural land.

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.

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.

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 2010, the ILC Secretariat decided to update information contained in the 2004 publication, so as to have a new basis to work more closely with and through CEDAW at national level. The update gives more visibility to the CEDAW Committee’s Concluding Observations and, accordingly, also to the CSOs’ shadow reports feeding them. This inclusion offers a more critical and comprehensive, if preliminary, overview of the situation of rural women in selected countries. NOTE: The 2004 publication is also available through this site.

In Cambodia, an increasing demand for land has accompanied rapid economic expansion over the past decade, leading to land tenure insecurity for many of the country's poor. Despite the adoption of a new land law in 2001 and the establishment of the Land Management and Administration Project (LMAP) in 2002, tenure problems have continued. The difficulties with land reform policy relate partly to LMAP's design problems and partly to poor execution.

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.

Burma is situated in Southeastern Asia, bordering Bangladesh, India, China, Laos and Thailand. The majority of its population lives in rural areas and depends on land as a primary means of livelihood. Because all land in Burma ultimately belongs to the state, citizens and organizations depend upon use-rights, but do not own land. Burma’s laws grant women equal rights in some respects and also recognize certain customary laws that provide women equal rights in relation to land.