Land Rights Matter! Anchors to Reduce Land Grabbing, Dispossession and Displacement. A Comparative Study of Land Rights Systems in Southeast Asia and the Potential of National and International Legal Frameworks and Guidelines

TitleLand Rights Matter! Anchors to Reduce Land Grabbing, Dispossession and Displacement. A Comparative Study of Land Rights Systems in Southeast Asia and the Potential of National and International Legal Frameworks and Guidelines
Annotated RecordAnnotated
Year of Publication2016
AuthorsNeef A
Pagination1-80
Place PublishedBerlin
Key themesAccessToJustice, CivilSociety-Donors, Dispossession-grabbing, Distribution, FDI, Formalisation-titling, Gender, MarginalisedPeople, Policy-law
Abstract

ABSTRACTED FROM EXECUTIVE SUMMARY: Land rights systems in Southeast Asia are in constant flux; they respond to various socioeconomic and political pressures and to changes in statutory and customary law. Over the last decade, Southeast Asia has become one of the hotspots of the global land grab phenomenon, accounting for about 30 percent of transnational land grabs globally. Land grabs by domestic urban elites, the military or government actors are also common in many Southeast Asian countries. Large-scale land grabs are facilitated by a coalition of investor-friendly host governments, local political and economic elites and a variety of players from the ‘Global North’, including multinational corporations, international development banks, commercial financial institutions and bilateral donors and development agencies. Weakly recognized customary rights in combination with state ownership of large portions of the national territory (e.g. forestland in Indonesia, Myanmar, Lao PDR and Cambodia, public domain land in the Philippines) allow the respective governments to categorize the people living on these lands as ‘illegal occupants’. Thus the purpose of this comparative land policy study is, first, to provide a comprehensive overview of the current situation of statutory and customary land rights systems in six Southeast Asian countries, Cambodia, Indonesia, Lao PDR, Myanmar, Philippines and Vietnam and, second, to discuss the potential of national and international legal frameworks and guidelines to reduce land grabbing, dispossession and displacement in these countries.

URLhttps://www.brot-fuer-die-welt.de/fileadmin/mediapool/2_Downloads/Fachinformationen/Analyse/Analysis_60_Land-Policy-Study.pdf
Availability

Available for download

Countries

Cambodia, Laos, Myanmar, Regional, Vietnam

Document Type

Report

Annotations

Overall relevance: 

Land issues in Southeast Asia are very complex due to political and socioeconomic factors. Most Southeast Asia countries have been under colonial rule and authoritarian regimes, with land grabbing and dispossession a common occurrence. Land policy has been introduced to favour large scale development, businesses, local political and economic elites. Land reform and land laws do not reflect the customary rights of local inhabitants, which enables governments to classify much land as state land and declare occupants as illegal land users. The study objective is to provide a comprehensive overview of the current land rights systems in six Southeast Asian countries (Cambodia, Indonesia, Lao PDR, Myanmar, the Philippines, and Vietnam) and to discuss the potential of national and international legal frameworks and guidelines to reduce land grabbing, dispossession and displacement in these countries.

Key Themes: 
  • Land dispossession/land grabbing - Land grabbing can affect human rights such as the right to land and property through loss of farmland, collectively-managed land and indigenous or ancestral territories. The contradiction of legal frameworks in reality results in land conflicts.
  • Land rights recognition/formalization/titling/collective tenure - Most Southeast Asian countries were under colonial rule and there are linkages between colonial legacies, national constitutions and land legislation.
  • Land policy and land law - Land is frequently regarded as owned by the state, not by the people. State recognition of customary rights to land is generally weak and given low priority. Governments use existing land laws to support an economic agenda mostly focused on attracting foreign investment into agro-industrial, forestry plantation, and other projects.
  • Civil society and donor engagement in land issues - Civil society organizations advocate to prevent land grabs and safeguard land rights. However, the political environment differs in the six countries, so offering different degrees of freedom for organizations to operate.
Research basis: 

The report comprises a desk-based legal analysis on land rights which is applied in land rights systems in Southeast Asian countries. It examines national and international legal frameworks and guidelines to help civil society organizations who are involved in supporting local communities in their struggle to defend and secure their land rights. (Provided by Ba Nyar Oo)