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Comprehensive Review of the Land Act of Bhutan, 2007 for Revision

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Comprehensive Review of the Land Act of Bhutan, 2007 for Revision Comprehensive Review of the Land Act of Bhutan, 2007 for Revision Dr. Dasho Kinzang Dorji (Former Minister) དཔལ་འབྲུག་筲བ་འὴག་ལྟེ་བ། The Centre for Bhutan Studies & GNH Research Comprehensive Review of the Land Act of Bhutan, 2007 for Revision By Dr. Dasho Kinzang Dorji (Former Minister) Copyright © 2014 The Centre for Bhutan Studies & GNH Research Published by: The Centre for Bhutan Studies & GNH Research Post Box No. 1111 Thimphu, Bhutan Tel: 975-2-321005/321111 Fax: 975-2-321001 E-mail: [email protected] http://www.bhutanstudies.org.bt The views expressed in this publication are those of the author‟s and do not necessarily reflect the views or policies of the Centre for Bhutan Studies & GNH Research. ISBN 978-99936-14-77-7 ACKNOWLEDGEMENT I am highly indebted to His Excellency Lyonpo Dr. Pema Gyamtsho, Minister for Agriculture and Forests, Royal Government of Bhutan, for reposing his faith and confidence in me to undertake this very challenging and extremely important task of review, initially, of the Land Act of Bhutan, 2007, which had to be upgraded to revision later. Lyonpo‟s decision was perhaps based on the fact that I had long experience and considerable knowledge in dealing with land issues, both at the policy and legal level, as well as in administration and management of both rural and urban land first, during my long tenure in the Ministry of Agriculture, starting from my position as the Director of Animal Husbandry through various positions as Director General of Agriculture, Secretary (as head of the ministry with independent charge), Deputy Minister and Minister of Agriculture, and then, as the Minister of Works and Human Settlement. I am also grateful to Lyonpo for his advice, guidance and support I received from his ministry during this important assignment. In this regard, I had been fortunate to be involved in the drafting of our national legislation since 1979 when I assisted an International Consultant in the drafting of the Livestock Act of Bhutan, 1980. Since then I had been directly or indirectly involved in drafting the following national legislations: 1. Plant Quarantine Act, 1993, 2. Lhengye Zhungtshog Act, 1999 (as the Speaker of the National Assembly, I was the chairperson of the 37- member drafting committee), iii 3. Mechanism for Vote of Confidence in the Druk Gyalpo, 1999 (I was the chairman of the 37-member drafting committee as the Speaker of the National Assembly), 4. Seeds Act, 2000, 5. Pesticides Act, 2000, 6. Livestock Act, 2001, 7. Cooperatives Act, 2001, 8. Biodiversity Act, 2003, 9. Tenancy Act, 2004, 10. Road Act, 2004, 11. Thromde Act, 2007, and 12. Land Act, 2007. I had the great honour of being a Member of the erstwhile National Assembly of Bhutan for 19 years starting from 1989, when I was appointed the Zonal Administrator for East- Central Bhutan, until 2007 when the National Assembly was dissolved in November 2007 to usher in a new era of Democratic Constitutional Monarchy form of Government in the country. So, I had the privilege and responsibility of introducing and defending the following acts in the National Assembly of Bhutan: 1. The Plant Quarantine Act, 1993, 2. Forest & Nature Conservation Act, 1995, 3. Lhengye Zhungtshog Act, 1999, 4. Mechanism for Vote of Confidence in the Druk Gyalpo, 1999, 5. Livestock Act, 2001, 6. Cooperatives Act, 2001, 7. Biodiversity Act, 2003, 8. Tenancy Act, 2004, 9. Road Act, 2004, 10. Thromde Act, 2007 iv In addition, I had also introduced a number of International Treaties, Protocols and Conventions for adoption by our Parliament. I was elected the Speaker of the National Assembly on 19th June 1997, a day before the inauguration of its 75th session, and relinquished the post on 27th July 2000, on conclusion of the 78th session, thereby giving me the opportunity to preside over four longest and most historic sessions of the National Assembly of Bhutan when the country was passing through an unprecedented period of political change as well as facing serious challenges to its national security and sovereignty. In spite of the National Assembly having to deliberate and decide on very important issues of national security and sovereignty during this crucial period, some 16 national legislations were passed. Further, as a Cabinet Minister for 10 years, I had the privilege of being involved in the validation and endorsement of all the legislations that were submitted by the Lhengye Zhungtshog for enactment by the National Assembly of Bhutan during the period. While browsing through the list of national laws enacted by the former National Assembly of Bhutan on the websites of the two houses of Parliament, I noticed that out of some 100 national legislations enacted till 2007, about 63 were enacted during the period between 1989 and 2007 when I was a Member of this august House. I was greatly honoured by the Royal Command of His Majesty the King to lead the Simplification of Dzongkha Text of the Draft Constitution of Bhutan in 2005, which I did with the able support of our most learned Dzongkha language experts in the country. Prior to that, I was privileged to be identified by the Council of Ministers as one of the potential candidates to chair the Constitution Drafting Committee in 2001. Earlier, I was also involved in the translation of the proceedings and v resolutions of the National Assembly from Dzongkha to English over a number of years just preceding my election as the Speaker of the house. I was also a member of the Resettlement Committee, which drafted the criteria, terms and conditions for re-settlers and oversaw the resettlement process based on the resolution of the 75th session of the National Assembly of Bhutan held in June-July 1997. The task of revision of the Land Act has indeed been a very challenging one as land is an important and emotive topic for the Bhutanese, and almost every Bhutanese has some opinion on it. Hence, the wide consultations with various stakeholders were most useful and very relevant. The recommendations that I have made in this report are based on what I perceived as majority and important views expressed in the consultation meetings, which I had tried to record as sincerely and correctly as possible. I would like to acknowledge the kind cooperation, support and guidance received from Dasho Sangay Khandu, Secretary of the National Land Commission, and his colleagues in carrying out this important task, which allowed me to have several meetings with them. I would like to express my sincere appreciation to the following individuals for their valuable time and contributions: Dasho Penden Wangchuk, Home Secretary and Chairperson of National Land Commission Dasho Sherub Gyeltshen, Agriculture Secretary Dasho Dr. Ugyen Tshewang, Secretary, National Environment Commission Dasho Rinchen Dorji, Director, DUDES, Ministry of Works and Human Settlement Dasho Sonam Yangley, Director General of Department of Geology and Mines vi Dasho Ugyen Tshering, Chairman of Natural Resources and Environment Committee of the National Council of Bhutan Phub Tshering, Secretary General of Bhutan Chamber of Commerce and Industry My sincere appreciation is due to all those Hon‟ble Members of the National Council of Bhutan who attended the consultation meeting with the Chairman, Hon‟ble Ugyen Tshering, and members of the Natural Resources and Environment Committee for their valuable comments and suggestions. Similarly, the valuable contributions made by the Chairperson of Environment/Land/Urban Development Committee, Hon‟ble Ugyen Tenzin, the Chairperson of the Legislative Committee of the National Assembly of Bhutan, Hon‟ble Ugyen Wangdi, and the Chairpersons of twenty Dzongkhag Tshogdus and the Gups/Chairpersons of 205 Gewogs/Gewog Tshogdes have added immense value to the output of my work, and in the revision of the Land Act of Bhutan, 2007. I should thank Dasho Phub Tshering, Dzongdag of Samdrup Jongkhar, Dasho Lungten Wangdi, Dzongdag of Trashigang and Dasho Pema Wangdi, Dungpa of Wamrong for their warm reception and generous hospitality during my consultation tour to eastern Bhutan. I should also thank Dasho Karma Tshering Namgyal, Director of Bureau of Law and Order under the Ministry of Home and Cultural Affairs, for ordering necessary security arrangement during my tour to southern Bhutan. I am grateful for the support received from ICIMOD in Kathmandu in particular, from Dr. Eklabya Sharma, Programme Manager, Environmental Change and Ecosystem Services, and Dr. Abdul Wahid Jasra, Team Leader, Regional Rangeland Management Programme. vii Without the efficient organization and support extended by the following three officials of the Ministry of Agriculture and Forests, my consultation meetings would not have been successful: Ugyen Tshering, Legal Officer, PPD Sangay Chhophel, Planning Officer, PPD Karma Geley, Land Management Officer of Department of Agriculture Ugyen was my focal point in the Policy and Planning Division of the Ministry of Agriculture and Forests and facilitator of this important undertaking. My younger son, Kuenga Yarphel, who was my assistant-cum driver, and my son-in-law, Dr Karma Kuenza, who helped with the review, editing and formatting of this report, deserve my deep gratitude. My wife, Aum Pema Doma, and other members of my family deserve my deepest appreciation for their continuous support as well as patience shown during the time when I had to literally turn our entire house into my office with papers strewn all over the place. And finally, to all those who I might have missed above to acknowledge their share of support, I offer my appreciation and gratitude. viii Contents Acknowledgement............................................................... iii List of Annexures ............................................................... xi Glossary of Dzongkha Terms Used in the Report ................. xii 1 Introduction and Background ........................................... 1 2 Policy analysis .................................................................. 6 2.1 Draft Land Policy ....................................................... 6 2.2 The Economic Development Policy (EDP) 2010 ..........
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