Understanding + addressing access from the bottom up

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Access to land in LMBKaneka Keo, Oxfam America & Dr. Vanessa Lamb, Ryerson

University

Dr. Carl Middleton, Dr. Nga Dao, Rebecca Leonard, Nguyet Dang Bao

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Overview• Regional context +

dynamics• Research questions • Conceptual framework • Methodology • 4 Country Studies• 3 Case Studies • Conclusions + Knowledge

Gaps

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Village headman, Kratie Social Land Concession Case Study, Cambodia.

Overview• Regional context +

dynamics• Conceptual framework • Methodology • Focus: findings from 2/4

Country Studies• Focus: 1/3 Case Studies • Conclusions + Knowledge

Gaps

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Village headman, Kratie Social Land Concession Case Study, Cambodia.

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LMB: Regional dynamics + Trends

• Since the 1980s, SE Asia has rapidly urbanized, industrialized and ‘de-agrarianized’• Profound rural land use transformation beyond

agriculture, including for industrial, urban, tourism and conservation purposeso Moves from “flexible and overlapping” to

“more rigid and clearly defined” definitions of access to land

o Shift from access defined by kinship and locally constructed norms to state-centered and formalized rules

o Transnational component of exclusionary dynamics

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Research QuestionsKey concepts:

Access, Resource Users (Landless/Land-poor, Smallholder), Exclusion, Gender, Action

1) What is the situation/process of access to land of the rural land-poor, landless and smallholder male/female farmers in the LMB region and 4 countries in particular?2) What are key problems/challenges of access to agricultural land facing the above research groups in terms of existing policies and their implementation?3) How and to what extent do the identified challenges/problems affect the decisions and choices of the research groups in attaining food security, sustainable livelihoods and wellbeing? Is there besides a socio-economic also an environmental impact?4) How pro-poor and gender sensitive are the land policies in 4 countries in the LMB region?5) How to minimize (the potential) negative impact of current policies and practices on food security, sustainable livelihood and wellbeing of land-poor, landless and smallholder male/female farmers?6) What can be done in terms of land policy formulation and implementation to assure food security, sustainable livelihood and choices for attaining wellbeing of the research groups?5

Conceptual Framework• Powers of Exclusion: Market, Regulation, Force, Legitimacy

• A recent framework developed by Hill et al (2009)• Synthesizes concepts from anthropology, sociology and

political economy, with a focus on Southeast Asia• We extend this add a gender dimension, (alternative) livelihoods, and

IID

• A Political Ecology approach• Who has access to and control over resources? (and why?)• Who wins, who loses in different places and at different scales? • Considers a range of social processes: power relations (gender,

marginalized groups…); architecture of knowledge; role of state and institutions; …

• We contextualize “land” as part of broader network of resource access

• “From the bottom up” perspective• Understanding resource access and use as experienced by those who

are the ‘users’

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Methodology

• Desk: Review of relevant documents + Skype interviews, emails• Preparation of database of documents

• Field: Complement the desk study with 3 case studies, chosen in consultation with colleagues/Oxfam/partners. • life histories and semi-structured interviews around land access

and exclusion with local residents and others; Attend to landless, rural poor, gender roles and responsibilities

• Data from each case study data, including transcripts, notes, maps and photographs, will be compiled, systematized, and analysed

• Analysis: Considering Powers of Exclusion framework7

3 key parts: Desk study, fieldwork, overall analysis

Thailand Country Study Key findings and Recommendations• general land tenure securityPost-tenure programming needed, esp for women and ethnic minorities“this happens every week in Thailand” focus on forest lands +tenure• landlessness and land poverty, gender and land access Further Research on value of traditional and modern community land rights systems in Thailand in terms of livelihood security and community integration and sustainable land use, esp. re impacts on gender rlns• InnovationSocial innovation includes legal strategies + adaptation work (i..e, SRI, organic agriculture, climate change)Rule of Law, restoring institutions + policy are imperative

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Viet Nam Country StudyKey findings and Recommendations• general land tenure securityLand acquisition for economic development projects has been causing adverse impacts and land conflicts, esp in rural Vietnam• landlessness and land poverty Land reform that pays special attention to practical rights of land-users (potentially prioritize land for farming)• gender and land accessWomen need access to secure title and to compensation• InnovationAgricultural promotion + diversification practices should be facilitated at nationwide level to help raise farmers’ income and reduce risks of food insecurity

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Lao PDR Country StudyKey findings and Recommendations

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• general land tenure security

Land and NR a means to livelihood and a safety net; wide-spread concern over land tenure security, with only temporary land use certificates (TLUCs) issued in rural areas and shifting cultivation targeted for eradication; latest land policy (2014) is weak in terms of protecting community right to land advocacy (esp by INGOs, including communication with general population) for public participation, addressing issues of livelihood insecurity from land dispossession, • landlessness and land poverty

land dispossession of smallholders from logging, mining, plantations and hydropower is common with limited access to justice; poor process and inadequate compensation; resorting to non-farm employment Stronger, fairer planning process needed; urgent and longterm support on impacts of land dispossession• gender and land accessUnder constitution equal rights, but TLUCs only issued to 9% of women; women's roles and power eroded through changingland use and environmental degradation• Social InnovationIndependent civil society recognized since 2000s, including INGO LIWG in mid-2000s, but nowadays under pressure; constrained opportunities for advocacy, and weak media freedoms Legitimate space and role for civil society and community advocacy needs to be (re)built; explore opportunities of ETOs

Cambodia Country StudyKey findings and Recommendations

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• general land tenure securityLand Law (2001) reasonably complete; sub-decree on Social Land Concessions (2003); Sub-decree on Procedures for Registration of Land of Indigenous Communities (2009); recent order 01BB laws to be implemented and expedited• landlessness and land poverty number of landless and land poor are growing including due to population growth, shocks and ELC policies; 420,000 affected since 2003 secure land rights/ access to justice; implement land titling where needed most; ELC moratorium• gender and land accessWomen-headed households are more likely to be landless or land poor; challenges of Chbab Srey educate men and women on land rights; further research on gender and land• InnovationSRI has proven benefits; off-farm employment important, and access to other natural resources; critical role of civil societ; “Land plus” policies

Case Study: Sre Amble• Motivation: Highlighting innovative mechanisms for

access to justice• Site: Chikor village, Chikor Leu Commune, Srae

Ambel District

Key findings | Recommendations• Chamkar land dispossession affected livelihoods,

food security and debt of 456 HH; loss of swidden rice, buffalo and cash crops | Information on/ issue and titles urgent on ambiguous state-private land

• Failure of provincial courts, but innovative approaches in Thailand, EU, UK and US pursued | Domestic judicial reform; address compensation claims; experience sharing on pursuit of alternative arenas of justice

• Sustained protest difficult for the marginalized, including female head HH | Support those with barriers to claim their rights through legitimate protest

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Villagers plant rice in lowland paddy fields

“The community protest is not against the development of the government. But this is not proper development. They should not have taken the community’s land.”

Case Study: Takeo

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• Motivation: SRI case study; role of migration

• Site: Rokha Village, Chi Khmar commune, Treang district, Takeo Province

Key findings | Recommendations

• Land is limited, fragmented and drought prone, but tenure is secure; many are food insecure | resilient seeds, technical outreach, irrigation/ innovative water storage Young people migrate, older people farm | rural planning that acknowledges vital role of remittances

• Landlessness due to shocks; female HH amongst vulnerable | Targeted support

• Adapted SRI taken up; benefits apparent to all; maybe be particular to Rokha (and Jeh) villages | SRI outreach integrated with adaptation strategies

Case Study: Kratie• Motivation: What does success look like?• Site: Social Land Concession in Khsuem

commune, Snuol district, Kratie province Key findings | Recommendations• land tenure change over time +

migration | Consider migration as related to landlessness• gender + land/protest strategies | Gender

division of labour• exclusion’s double edge (settlers and

indigenous peoples) | Needs solutions that are socially just for multiple groups (not just one group, i.e., smallholders, women, or IPs)

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Villagers making community map at Kratie Social Land Concession Case Study.

“[W]e are an example for others! We were successful in only one month!”

“I saw the impact of the [Economic Land Concession] on the men.”

Conclusions: Access to land, natural resources, and (alternative) livelihoods

• Further research is needed across all LMB countries on the links between migration, livelihood change (especially as related to de-agrarianization and land consolidation), and gender.• Key obstacles to land and livelihood security are not only about obtaining land title, but about having access to infrastructure, water resources and agricultural extension. Seen in: Thailand, Cambodia.• While agriculture remains central to rural households’

livelihoods, remittance also contribute significantly

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Key powers of exclusion: regulation, market

Conclusions: Land and Gender• Women-headed households are generally more likely to be landpoor or landless• Cultural bias towards women in general often disadvantages

women in decision-making processes and accessing resources• Land dispossession due to land concessions affect men and women differently, and in many ways places a greater burden on women• Knowledge gap of gender and land/resource access in the LMB. While state policies and institutions assume women to be “integral for the success” and “left out” of land tenure programs, there is a dearth of research and data available on this area of concern. (For example, in Thailand and Vietnam, data is not available on women-headed households).

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Key powers of exclusion: regulation, legitimation, added

gender dimension

Conclusions: Land and Innovation and Inclusive Development• Innovation in agriculture, such as System Rice Intensification and

farmer networks, increases yields for those involved. See: Cambodia• Changing opportunities for employment across the region (in

particular in urban areas) are leading to multi-local livelihood strategies amongst many rural households, seeking to spread risk and diversify incomes• In organizing, there are opportunities for up-scaling and cross-border innovation in going beyond national policy . Seen: across all 4 LMB countries.• Gender and household division of labour by gender as part of an

overall strategy for organizing against ELCs and “coping” with sudden land tenure/land access changes (Kratie Case).

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Key powers of exclusion: regulation, legitimation, added

gender dimension

Questions?Thank you to Oxfam + Partners for this opportunity.

Gratitude to the residents and activists who took their time to share knowledge and information on

land access in Thailand, Laos, Cambodia and Vietnam.

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