Customary Land Tenure Documentation

(Regional Land Forum 21-23 June 2016, Hanoi

Vietnam)By Ling Houng

Background of the documentation • millions of farmers, especially in the uplands, are

managing their land and natural resources under customary arrangements

• No legal recognition by law but integrated in NLUP• This exercise was conducted as part of the Learning

& Advocacy activity developed in Myanmar by 6 advocacy groups

• In 2015, six CSO organizations in Myanmar were trained in Participatory action Research

• Started to develop a method for local organisations to be able to document customary tenure

• It is about the governance of land and NR under custnmary tenure, the rules used by villages, the way they manage collective resources.

Backgroud of the villageSar Pauk Village

• The village has founded since 400 years ago

• The villagers belongs to Asho Chin ethnic minority

• 60 households

Method of documentation   1st Trip ( 23 to 25

May)2nd Trip ( 12 to 14 September)

3rd Trip ( 11 to 13 January)

Focus Group Discussion with community members

11 persons (6 male 4 female)

11 persons ( 9 male and 2 female)

 

Focus Group Discussion (Women Group)

  8 persons  

Focus Group discussion (Youth Group)

  9 persons  

Focus Group Discussion (Elders Group)

  7 persons  

In-depth Interview     2 persons

Total 11 persons 35 persons 2 persons

Types of land Use

• Rotational farming • communal land(rotational farming )• Orchard land• Watershed areas• Forest (used forest), reserved forest

Land Tenure / Access to the land

• Dama U Cha Principle (the first cultivator become the owner of certain land)

• Clans: 9 clans/ the right to inherent

• Individual/ private claim but manage in communal manner

• Immigrants/ Asho Chin people nearby the village

• Outsiders/ not sell to outsiders

Land Allocation/ Sharing • Rotational Farming/ Sweden agriculture/ SC• Allocate farm plots in the Village meeting

( Oct/Nov)• Every family has the right to access the Plot for

cultivation• Not lottery system/ but allocate the land based

on household size and size of certain plot• For instance, big family- 2 hector, small family-

1 hector • Immigrants has the right to access the land for

rotational farming

Forest

• All villagers has the right to access the forest• Timber/ bamboo for buildings• Collect NTFP/ vegetables• immigrants has equal right to forest • But not outsiders/ other villages nearby the

village• If other villages come and ask permission to the

village, • Villagers decide and get donation (village fund)• It is used for the village activities such as

building schools and other common activities

Ecological sound practices

• Watershed areas were conserved/ not allow to cut trees

• the forest along mountain ranges were conserved/ which improve the regeneration of trees in the fallow land

• Forest along the streams were conserved • about 60 % of the total land is forest • Timber is utilized for housing and domestic use,

not commercialized

Land Use and Crop Change

Introducing Orchard• Began to access the road since 1993• Plant long term fruit trees: Lime, Lemon, jack

fruit, orange, pine apple, banana etc• Since 1993• Access to market• Private claim lands were transformed to Orchard • Suitable land for orchard/ access to the road• Immigrant have to buy for Orchard but small

amount of cash• No right to sell to outsiders

Crop change in rotational faming

• About 90 % of rotational faming for Paddy in the past

• But now paddy occupied about 60% • Rain-fed Paddy is still dominant but • Growing Corn/ not local seed, chili and pigeon

pea are increasing because of access to market

Key findings

• Equal access to land/ rotational farming• Land is not for commercialization but for

generations• Land is for subsistence/ food security • Land is secured because of internal rules such

as selling to outsiders is prohibited, • Resources are utilized in sustainable manner

without exploitation • They have ecological sound practices such as

watershed area conservation/

Challenges

• About half of the total land of the village is in reserved forest

• No legal recognition of Customary Land Tenure by Law/ rotational farming

• Illegal logging• Land acquisition of companies nearby this area• Such as Shwe Gas Pipeline (Myanmar-China),

national grid line (under-compensated and lost of conserved customary conserved areas)

Thank You For Your Attention!