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Community Land and Natural Resource Tenure: Global

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Community Land and Natural Resource Tenure: Global COMMUNITY LAND AND RESOURCE TENURE RECOGNITION: REVIEW OF COUNTRY EXPERIENCES FEBRUARY 2016 This publication was produced for review by the United States Agency for International Development. It was prepared by Tetra Tech. Many villages in Bago region, one of Burma’s prime rice production areas, have received land use certificates for their paddy land plots. (photo: Nayna Jhaveri) This publication was produced for review by the United States Agency for International Development by Tetra Tech, through a Task Order under the Strengthening Tenure and Resource Rights Indefinite Quantity Contract (USAID Contract No. AID-OAA-TO-13-00016), to inform the design of community land and resource tenure recognition pilots in Burma. Case studies were selected by the authors based on their assessment of potential relevance to the Burma context, with an emphasis on learning from regional experiences. Authors: Nayna Jhaveri, Vaneska Litz, Jason Girard, Robert Oberndorf, and M. Mercedes Stickler. Acknowledgments: This report benefited from significant contributions by M. Mercedes Stickler and Stephen Brooks of USAID to the research conceptualization, selection and articulation of case studies, as well as overall review. This report was prepared by: Tetra Tech 159 Bank Street, Suite 300 Burlington, VT 05401 Tetra Tech Contacts: Matt Sommerville, Chief of Party ([email protected]) Cristina Alvarez, Project Manager ([email protected]) Megan Huth, Deputy Project Manager ([email protected]) Suggested Citation: Jhaveri, N., Litz, V., Girard, J., Oberndorf, R. & Stickler, M. M. (2016). Community Land and Resource Tenure Recognition: Review of Country Experiences. Washington, DC: USAID Tenure and Global Climate Change Program. A Brief of this document can be found at http://bit.ly/1ZTcMfJ Cover photo: Courtesy of the USAID Strengthening Property Rights in Timor-Leste project. TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS...................................................................................................................................iii EXECUTIVE SUMMARY.............................................................................................................................................................v 1. INTRODUCTION......................................................................................................................................................... 1 1.1 RATIONALE AND APPROACHES TO COMMUNITY LAND AND RESOURCE TENURE RECOGNITION.............................................................................................................................................. 1 1.2 ANALYTICAL FRAMEWORK......................................................................................................................4 1.3 RELEVANCE OF EXPERIENCE IN ASEAN COUNTRIES.....................................................................5 1.4 LESSONS FROM AFRICA AND THE AMERICAS .................................................................................6 2. SOUTHEAST ASIA COUNTRY EXPERIENCES.....................................................................................................7 2.1 CAMBODIA.................................................................................................................................................... 7 2.1.1 LEGAL ANALYSIS............................................................................................................................7 2.1.2 IMPLEMENTATION.......................................................................................................................12 2.2 INDONESIA.................................................................................................................................................. 14 2.2.1 LEGAL ANALYSIS..........................................................................................................................14 2.2.2 IMPLEMENTATION.......................................................................................................................16 2.3 LAO PEOPLE’S DEMOCRATIC REPUBLIC...........................................................................................17 2.3.1 LEGAL ANALYSIS..........................................................................................................................17 2.3.2 IMPLEMENTATION.......................................................................................................................20 2.4 MALAYSIA..................................................................................................................................................... 22 2.4.1 LEGAL ANALYSIS ....................................................................................................................... 22 2.4.2 IMPLEMENTATION .................................................................................................................... 25 2.5 PHILIPPINES ................................................................................................................................................. 27 2.5.1 LEGAL ANALYSIS ....................................................................................................................... 27 2.5.2 IMPLEMENTATION .................................................................................................................... 29 3. EXPERIENCES IN AFRICA ...................................................................................................................................... 31 3.1 BOTSWANA: CUSTOMARY LAND BOARDS ................................................................................. 31 3.2 GHANA: CUSTOMARY LAND SECRETARIATS............................................................................... 33 3.3 LIBERIA: IMPLEMENTING A LAND RIGHTS POLICY...................................................................... 35 3.4 MOZAMBIQUE: COMMUNITY LAND LEASES.................................................................................. 37 4. EXPERIENCES IN LATIN AMERICA...................................................................................................................... 39 4.1 BRAZIL’S INDIGENOUS LANDS............................................................................................................ 39 4.2 COLOMBIA: CUSTOMARY LAND RIGHTS AND MULTI-ETHNIC COMMUNITIES ........... 40 4.3 MEXICO: THE EJIDO EXAMPLE............................................................................................................. 43 COMMUNITY LAND AND RESOURCE TENURE RECOGNITION: REVIEW OF COUNTRY EXPERIENCES i 5. ANALYSIS AND CONCLUSIONS FOR BURMA CONTEXT.........................................................................47 5.1 COMMUNITY LAND RIGHTS HOLDERS............................................................................................47 5.1.1 BURMA CONTEXT.....................................................................................................................47 5.1.2 ANALYSIS AND CONSIDERATIONS.....................................................................................48 5.2 RECOGNITION AND REGISTRATION PROCESS............................................................................48 5.2.1 BURMA CONTEXT.....................................................................................................................48 5.2.2 ANALYSIS AND CONSIDERATIONS.....................................................................................49 5.3 LAND TYPES WHERE COMMUNITY TENURE IS RECOGNIZED ............................................ 50 5.3.1 BURMA CONTEXT.....................................................................................................................50 5.3.2 ANALYSIS AND CONSIDERATIONS.....................................................................................50 5.4 RIGHTS CONFERRED...............................................................................................................................51 5.4.1 BURMA CONTEXT.....................................................................................................................51 5.4.2 ANALYSIS AND CONSIDERATIONS.....................................................................................51 5.5 OTHER PROGRAM DESIGN CONSIDERATIONS.............................................................................51 5.6 FINAL CONSIDERATIONS...................................................................................................................... 52 REFERENCES.............................................................................................................................................................................. 53 ii COMMUNITY LAND AND RESOURCE TENURE RECOGNITION: REVIEW OF COUNTRY EXPERIENCES ACRONYMS AND ABBREVIATIONS ADO Ancestral Domains Office (Philippines) AMAN Aliansi Masyarakat Adat Nusantara (Indigenous People’s Alliance of the Archipelago) APA Aboriginal Peoples Act (Malaysia) ASEAN Association of Southeast Asian Nations BAL Basic Agrarian Law of 1960 (Indonesia) BFA Basic Forest Act of 1967 (Indonesia) BPN Badan Pertanahan Nasional (National Land Agency, Indonesia) CAB NLMA’s Cabinet Office (Lao PDR) CADC Certificate of Ancestral Domain Claim (Philippines) CADT Certificate of Ancestral Domain Title (Philippines) CALC Certificate of Ancestral Land Claim (Philippines) CALT Certificate of Ancestral Land Title (Philippines) CLS Customary Land Secretariats (Ghana) CRL Community Rights Law of 2009 (Liberia) CSO Civil Society Organization
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