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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 and Housing Rights in Cambodia Parallel Report 2009

Reports & Research
December, 2009
Cambodia

ABSTRACTED FROM THE CONCLUSION: The absence of secure tenure and resulting forced evictions represent clear violations of Article 11 of the Covenant with respect to the right to adequate housing by the Cambodian Government. The absence of a comprehensive legislative framework and the failure of other mechanisms to guarantee tenure security, including an independent and effective court system, constitute a failure of the Government to fulfil its Covenant obligations.

Report of the Special Rapporteur on the situation of human rights in Cambodia: A human rights analysis of economic and other land concessions in Cambodia

Reports & Research
December, 2010
Cambodia

Building upon the technical paper containing a review of the existing literature on the potential costs and benefits of adaptation options (FCCC/TP/2009/2), this report synthesizes information contained in submissions from Parties and relevant organizations, and other relevant sources, on efforts undertaken to assess the costs and benefits of adaptation options. A summary of lessons learned and good practices is provided.

Land-Tenure Policy Reforms Decollectivization and the Doi Moi System in Vietnam

Policy Papers & Briefs
December, 2009
Vietnam

Vietnamese land-tenure policy reforms were embedded into general economic reforms (Doi Moi), enabling the country’s transition toward a market economy. Since 1998, they were implemented incrementally together with complementary instruments such as agricultural market liberalization and new economic incentives. Major steps included disentangling socialist producer cooperatives and assigning land-use rights to its former members, developing and adapting a national legal framework (Land Law), and enhancing tenure security through gender-balanced inheritable land-use certificates.

Rural women's access to land and property in selected countries: Progress towards achieving the aims of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) INCLUDING 2010 UPDATE

Reports & Research
December, 2010
Cambodia

In 2010, the ILC Secretariat decided to update information contained in the 2004 publication, so as to have a new basis to work more closely with and through CEDAW at national level. The update gives more visibility to the CEDAW Committee’s Concluding Observations and, accordingly, also to the CSOs’ shadow reports feeding them. This inclusion offers a more critical and comprehensive, if preliminary, overview of the situation of rural women in selected countries. NOTE: The 2004 publication is also available through this site.

Land Rights in Cambodia: An Unfinished Reform

Journal Articles & Books
December, 2010
Cambodia

In Cambodia, an increasing demand for land has accompanied rapid economic expansion over the past decade, leading to land tenure insecurity for many of the country's poor. Despite the adoption of a new land law in 2001 and the establishment of the Land Management and Administration Project (LMAP) in 2002, tenure problems have continued. The difficulties with land reform policy relate partly to LMAP's design problems and partly to poor execution.

Does Forest Devolution Benefit the Upland Poor? An Ethnography of Forest Access and Control in Vietnam

Policy Papers & Briefs
December, 2008
Vietnam

In Vietnam, forest devolution policies were implemented in the early 1990’s under which the government transferred management power over large areas of forested land previously controlled by the state forest enterprises or local authorities to local households. The government believes that implementing devolution policies would improve local livelihoods for the upland poor and stabilize forest conditions to increase forest cover.

USAID Country Profile: Property Rights and Resource Governance - Burma

Reports & Research
December, 2010
Myanmar

Burma is situated in Southeastern Asia, bordering Bangladesh, India, China, Laos and Thailand. The majority of its population lives in rural areas and depends on land as a primary means of livelihood. Because all land in Burma ultimately belongs to the state, citizens and organizations depend upon use-rights, but do not own land. Burma’s laws grant women equal rights in some respects and also recognize certain customary laws that provide women equal rights in relation to land.

Land Tenure: A foundation for food security in Myanmar's uplands

Reports & Research
December, 2010
Myanmar

Access to land for smallholder farmers is a critical foundation for food security in Myanmar's uplands. Land tenure guarantees seem to be eroding and access to land becoming more difficult in some upland areas. If this trend continues it may have negative impacts for food security and undermine environmental and economic sustainability. This briefing paper explores the relationship between land tenure and food security, as well as key institutional and other factors that influence land access and tenure for smallholder farmers in the uplands today.