Study on Land Allocation to Individual Households in Rural Areas of Lao PDR

TitleStudy on Land Allocation to Individual Households in Rural Areas of Lao PDR
Annotated RecordAnnotated
Year of Publication2004
AuthorsSoulivanh B, Chantalasy A, Suphida P, Lintzmeyer F
IssueDecember
Paginationi-viii, 1-81
Key themesConversion-FoodSecurity, Distribution, Formalisation-titling, Policy-law
Abstract

The legal framework for land use planning and land allocation (LUP/LA) in Lao PDR has been analysed based on the relevant laws (Land Law, Forest Law, Agricultural Law etc.). A national LUP/LA program under the overall responsibility of the Ministry of Agriculture and Forestry has been created in 1996. Until 2003, district agricultural and forestry staff have conducted LUP/LA activities in a total of 5400 villages in all provinces of Lao PDR. It is estimated that approximately 300.000 Temporary Land Use Certificates have been issued as a result of LUP/LA. The recent creation of the National Land Management Agency (NLMA) as a central agency in charge of all issues relating to land management and administration by merging the former DoNLUPAD, the Department of Lands and the housing and state land section of State Asset Department requires a review of tasks and responsibilities also with regard to the LUP/LA activities. In the past four years several authors and organisations have attempted to analyse the main impacts of the LUP/LA program on rural livelihoods and the environment. It is reported that in general, LUP/LA has been beneficial in the delineation of village boundaries and resource use zones, has helped to reduce land conflicts and improve forest protection. On the other hand, land allocation has lead to a reduction of agricultural and forest use area available to the households living in upland areas. In numerous cases this has resulted in decreased yields and insecure livelihoods. The results of this study confirm most of the impacts identified during previous surveys.
Availability

Contact author
Countries

Laos
Document Type

Report

Annotations

Overall relevance: 

The study provides a review of the land allocation program used throughout Lao PDR. It presents options for modification of procedures and regulations for land allocation, including clear guidelines for field staff with respect to customary land rights, unallocated land, and resettlement programs. The study also presents some options to correct anomalies in allocation documentation which exist with the early land allocations and which are necessary to permit the conversion of these certificates into titles.

Key Themes: 
  • Land policy and land law - The legal framework for land use planning and land allocation in Lao PDR has been analysed based on the relevant laws (principally Land Law, Forest Law and Agricultural Law). However, many rural families identified land allocation as one of the causes of impoverishment. Lao PDR's Land Law needs to be mandated and revised including some provisions about land use planning/land allocation before it can successfully achieve its aims in areas within the country’s severe topographic and demographic constraints.
  • Land distribution: concentration/dispersion, landlessness - The study provided a review of the allocation program, presents options for modification of procedures and regulations for land allocation, including clear guidelines for field staff with respect to unallocated land, and resettlement programs. This would include documentation of the program, the number of certificates issued, the quality of documentation for those certificates, the status of existing records of allocations, problems that have been identified with the allocation program, and experiences of coordination with village committees and among concerned Government services.
  • Land zoning, planning, conversion and food security - The paper seeks to highlight the importance of land use planning and zoning activities at village level, which do not necessarily lead directly to land allocation activities for individual households. However, current land use zoning is often unbalanced in favour of forest and protection areas, limiting the area available for forest use and for agricultural systems. There is an urgent need to assess the effectiveness of the existing land allocation regulations, as well as their enforceability.
  • Land rights recognition/formalization/titling/collective tenure - The study notes how about 300,000 Temporary Land Use Certificates have been handed out as a result of land use planning and allocation activities. While this has helped many villages in providing clear delineated boundaries to land areas, and contributed towards improved forest protection, many upland communities have found their access to land curtailed through formalised titling systems, threatening their ability to maintain a healthy livelihood.
Research basis: 

The article is based on multiple data collected through two separate field surveys in three provinces (Savannakhet, Luang Namtha and Bokeo) and three districts (Phalan Xai, Muang Sing and Houay Xai), taken in 2004. A number of further interviews were conducted with authorities at multiple levels, village committees, village chiefs and households. (Provided by To Ngoc Vu)