Description:
"Executive summary.....
Globally, about 2 billion people live under a customary tenure system, which is a set
of rules and norms that govern local peoples’ use of forests, land and other natural
resources. This tenure and its accompanying rights are crucial to peoples’ livelihoods,
food security and culture, as well as to forest protection, biodiversity conservation and
climate change mitigation.
Customary tenure has long been insecure and, in many places, it is under growing
pressure. But it is also increasingly recognized through a variety of mechanisms, both
formal and informal. This report focuses on the recognition of customary tenure of
communities living in forested landscapes in Cambodia, Lao People’s Democratic
Republic, Myanmar and Viet Nam and includes a case study from Thailand.
The report addresses a variety of questions: What is meant by the “recognition” of
customary tenure? What mechanisms can be used to strengthen communities’ tenure
security? How have these mechanisms been used in the Mekong region and what
are the remaining gaps or challenges? What are the opportunities to better integrate
customary tenure in ongoing interventions at the landscape, national and regional
levels? And what lessons can be learned for the region and beyond?
The report identifies three main pathways into which mechanisms for recognizing
customary tenure can be categorized: self-recognition by communities; joint recognition
by communities and others; and formal recognition in legal frameworks. It introduces
a conceptual framework for assessing these mechanisms, including by analysing
them through the lenses of rights, livelihoods, governance, gender equity and social
inclusion, customary and traditional practices and dispute resolution.
Ten case studies illustrate different approaches, often a mix of formal and informal
mechanisms that have been used to recognize customary tenure in five countries of the
Mekong region covered in this analysis.
The report also provides an updated account of customary tenure recognition within
legal frameworks, reflecting recent legal reforms in some countries. The analysis
shows that legal frameworks in all five countries have provisions enabling communities
to use and manage forests and natural resources. In most cases, however, these
provisions do not fully recognize customary rights and practices and come with various
responsibilities and conditions. Restrictions still apply to the scope of rights, the
geographical area and land-use types and the duration over which rights are granted.
The report identifies gaps and inconsistencies in legal frameworks and how they
are implemented. It suggests promising avenues for improving the recognition of
customary tenure and makes specific recommendations for each of the three pathways
of recognition. It also describes some entry points for improving recognition of
customary tenure that are relevant to most or all countries in the region. These include
improved coordination and information-sharing mechanisms, awareness-raising,
capacity-building, legal reforms and improved implementation of legal frameworks,
documentation, testing and safeguards..."
Source/publisher:
RECOFTC – The Center for People and Forests and Mekong Region Land Governance
Date of Publication:
2022-12-09
Date of entry:
2022-12-12
Grouping:
- Individual Documents
Category:
Countries:
Myanmar, Mekong Regional
Language:
English
Local URL:
Format:
pdf
Size:
3.42 MB (72 pages) - Original version
Resource Type:
text
Text quality:
- Good