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Myanmar at the HLP Crossroads: Proposals for Building an Improved Housing, Land and Property Rights Framework that Protects the People and Supports Sustainable Economic Development

Reports & Research
December, 2012
Myanmar

ABSTRACTED FROM THE EXECUTIVE SUMMARY: Myanmar faces an unprecedented scale of structural landlessness in rural areas, increasing displacement threats to farmers as a result of growing investment interest by both national and international firms, expanding speculation in land and real estate, and grossly inadequate housing conditions facing significant sections of both the urban and rural population. Legal and other protections afforded by the current legal framework, the new Farmland Law and other newly enacted legislation are wholly inadequate.

REDD and Poverty in Cambodia

Reports & Research
December, 2012
Cambodia

ABSTRACTED FROM THE SUMMARY: Notwithstanding progress both nationally and locally, there is not yet evidence of sufficient support either internationally or nationally for REDD to effectively neutralise either the top-down or the bottom-up drivers of deforestation in Cambodia. This report reviews official documents and research reports over the 2009-2012 period, supplemented by field visits in 2010 and 2011, in order to summarise lessons learned from Cambodia’s early engagement with REDD from the viewpoint of poverty reduction.

Pro-poor land distribution in Cambodia

Journal Articles & Books
December, 2011
Cambodia

Access to arable land is key to pro-poor agricultural production. Although nearly 69 percent of the rural population in Cambodia is engaged in smallholder farming, the average size of cultivated land per farming household only amounts to less than one hectare, and 14.7 percent of rural farmers do not possess land at all. In order to accomplish a more equitable distribution of land, the discussion over ‘land-grabbing’ needs to be advanced to the promotion of smallholder-inclusive approaches, such as partnership farming between smallholders and agribusinesses.

Community Forestry in Cease-Fire Zones in Kachin State, Northern Burma: Formalizing Collective Property in Contested Ethnic Areas

Institutional & promotional materials
December, 2010
Myanmar

Community forests (CFs) in northern Burma have been gaining momentum since the mid-2000s, spearheaded by national NGOs, mostly in response to protect village land from encroaching agribusiness concessions. While the production of these new CF landscapes represents the material resistance against state-sponsored rubber, in effect it produces contested state authority by formalizing control of former customary swidden hills under the Forestry Department.

Real Estate Market, Property Valuation, Land Taxation and Capacity Building in Cambodia

Journal Articles & Books
December, 2011
Cambodia

Following the »Land Policy Declaration« from July 2009, the Royal Government of Cambodia henceforth has the unique opportunity to implement a land valuation policy by the Council of Land Policy. Land valuation, taxation and capacity building are indispensable elements of a land reform in Cambodia. By improving prior assessment tools for valuation and taxation, Cambodia could serve as an example for the development of taxation in circumstances when rent-seeking, speculation, informal land markets and an unequal land distribution occur.

Donor-driven land reform in Cambodia – Property rights, planning, and land value taxation

Journal Articles & Books
December, 2010
Cambodia

This paper focuses on legal and economic instruments of the multi-donor-driven land reform in Cambodia with its overarching aim of achieving tenure security and reparation after the Khmer Rouge. Land tenure applies to state public/state private property and private property. The essential property form for public land management is state public property. This property must be interpreted in the future as the property of Cambodian people that serves all human beings in the country.

Realizing Forest Rights in Vietnam: Addressing Issues in Community Forest Management

Reports & Research
December, 2011
Vietnam

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.

Formalizing Inequality: Land Titling in Cambodia

Reports & Research
December, 2010
Cambodia

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.

Recognizing and Reducing Corruption Risks In Land Management in Vietnam

Journal Articles & Books
December, 2011
Vietnam

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 Implementation of Cambodia's Laws on Land Tenure

Reports & Research
December, 2010
Cambodia

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.

Titling against grabbing? Critiques and conundrums around land formalisation in Southeast Asia

Institutional & promotional materials
December, 2011
Cambodia
Laos
Myanmar
Thailand
Vietnam

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.

Land Reform in Cambodia

Institutional & promotional materials
December, 2010
Cambodia

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.