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Lao People's Democratic Republic Study on Women’s Land and Property Rights under Customary or Traditional Tenure Systems in Five Ethnic Groups in Lao PDR Land Policy Study No. 13 under LLTP II Mrs. Elizabeth Mann Mrs. Ny Luangkhot Sponsored by: Lao-German Land Policy Development Project (German Contribution to the Lao Land Titling Project II in Lao PDR) May 2008 This Study is part of a series of Land Policy Studies conducted in preparation for a coherent and comprehensive “National Land Policy Statement for Lao PDR”. The following studies have already been published in this series: No. 1: Study on Land Allocation to Individual Households in Rural Areas of Lao PDR; December 2004 Authors: Bouakham Soulivanh, Anothai Chanthalasy, Phounsavath Souphida, Florian Lintzmeyer, Florian Rock No. 2: Study on Land Markets in Urban and Rural Areas of Lao PDR; March 2005 Authors: Bouakham Soulivanh, Anothai Chantalasy, Phounsavath Souphida, Florian Lintzmeyer, Florian Rock No. 3: Study on Land Tax and Fees Policy in Lao PDR; February 2006 Authors: Simon Keith, Pheuiphanh Ngaosrivathana, Bouakham Soulivanh, Onsy Phimsomphou, Chanh Denuthai No. 4: Study on State Land Lease and Concessions in Lao PDR; June 2006 Authors: Gunda Schumann, Pheuiphanh Ngaosrivathana, Bouakham Soulivanh, Somboun Kenpraseuth, Khamdeng Onmanivong, Khamtanh Vongphansipraseuth, Chithasone Bounkhong No. 5: Study on Urban Land Markets in Lao PDR; September 2006 Authors: Babette Wehrmann, Bouakham Soulivanh, Khamdeng Onmanivong No. 6: Study on Communal Land Registration in Lao PDR; February 2007 Authors: Katrin Seidel, Khamla Phanvilay, Bounlath Vorachit, Lau Mua, Somthong Boupphachan, Robert B. Oberndorf No. 7: Study on Land Consolidation in Lao PDR; March 2007 Authors: Pheuiphanh Ngaosrivathana, Khamfanh Keomanivong No. 8: Study on Rural Land Markets in Lao PDR; May 2007 Authors: Babette Wehrmann, Nuantha Sithipanhya, Phounsavath Souphida 2 No. 9: Study on Land Conflicts and Conflict Resolution in Lao PDR; September 2007 Authors: Peter Jones, Nouphanh Mahaphonh, Pheuiphanh Ngaosrivathana, Meena Phimphachanh, Sysaweui Chittasupha, Serntai Pasay No. 10: Study on Urban Land Management and Planning in Lao PDR; September 2007 Authors: Paul Rabe, Thenekham Thongbonh, Vongdeuane Vongsiharath No. 11: Study on Expropriation and Compensation; December 2007 Authors: Florian Rock, Pheuiphanh Ngaosrivathana No. 12: Study on State Land Inventory and Management; January 2008 Authors: Harald Finkemeyer, Nouphanh Mahaphonh, Phonepaseuth Inthilath, Viphanxay Chansamouth 3 Tables ..................................................................................................5 Selected Acronyms .................................................................................6 Glossary and Kinship Terms Used in this Study...........................................7 Selected Units .......................................................................................8 Acknowledgements.................................................................................9 SUMMARY .................................................................................. 10 1. Introduction ....................................................................... 11 1.1 Background ................................................................................ 11 1.2 Study Objectives ......................................................................... 11 1.3 Ethnic Group Selection and Study Areas ......................................... 12 1.4 Approach and Study Design .......................................................... 13 2. Dimensions of Ethnic Identity ............................................... 14 2.1 Ethnic Groups of Lao PDR ............................................................. 14 2.2 Origins of Five Ethnic Groups in Study Provinces.............................. 16 3. Formal and Customary Land and Property Rights..................... 19 3.1 Regulatory and Legal Framework................................................... 19 3.1.1 Land and Property .......................................................................... 19 3.1.2 Ethnic Minorities ............................................................................. 20 3.2 Role of Land and Property in Gender and Social Relationships............ 21 3.2.1 Gender Dimensions of Customary Land and Property Rights.................. 21 3.2.2 Traditional Village Land and Property Rights ....................................... 25 3.2.3 “Traditional” and “Modern” Land and Property Regulation ..................... 30 4. Changes in Customary Land and Property Rights..................... 33 4.1 Land Allocation ........................................................................... 33 4.2 Voluntary and Involuntary Resettlement ......................................... 37 4.2.1 Voluntary Resettlement ................................................................... 37 4.2.2 Involuntary Resettlement................................................................. 38 4.3 Land Use Changes....................................................................... 42 4.4 Land Markets.............................................................................. 43 4.5 Knowledge Levels........................................................................ 44 5. Conclusions and Recommendations ....................................... 46 5.1 Conclusions ................................................................................ 46 5.2 Recommendations ....................................................................... 48 Annex 1: Terms of Reference................................................................. 52 Annex 2: List of People and Organisations interviewed............................... 54 Annex 3: Village Profiles........................................................................ 55 Annex 4: Checklist for semi-structured interviews and mapping .................. 77 Annex 5: Specific Legal and Policy Provisions in the Lao PDR related to Land, Property, Inheritance and Ethnic Minorities................................. 80 Annex 6: References & Bibliography........................................................ 84 4 TABLES Table 1: Ethnic Groups and Fieldwork Villages Table 2: Ethnic Classifications in Lao PDR Table 3: Statistical Data on 5 Ethnic Groups in Attapeu and Oudomxay Table 4: Inheritance and Marriage Residence Patterns Table 5: Gender Differences in Traditional Inheritance Practices Table 6: Social Practice Influencing Women’s Land and Property Rights among 5 Ethnic Groups Table 7: Differences between traditional and modern land and property regulation in Lao PDR Table 8: Community Perceptions of the Advantages and Disadvantages of Land Allocation Table 9: Trieng Assessment of Old and New Locations, Ban Vanxay 5 SELECTED ACRONYMS AusAID Australian International Development Agency CES Community Education Services DAFO District Agriculture & Forestry Office DoL Department of Lands DHUP Department of Housing and Urban Panning DPI Department of Planning & Investment GoL Government of the Lao People’s Democratic Republic GTZ Deutsche Gesellschaft fuer Technische Zusammenarbeit GmbH – Germany Government Technical Assistance IFI International Financing Institution LFAP Land and Forest Allocation Programme LNFC Lao National Front for Construction LTP Land Titling Project LTP-1 Land Titling Project Phase 1 LTP-2 Land Titling Project Phase 2 LUPLA Land Use Planning and Land Allocation LWU Lao Women’s Union MAF Ministry of Agriculture and Forestry MoF Ministry of Finance M&E Monitoring and Evaluation NGD National Geographic Department NLMA National Land Management Authority NSC National Statistical Centre NTFP Non-timber Forest Product PLMA Provincial Land Management Authority PLO Provincial Land Office SAT Systematic Adjudication Team TA Technical Assistance TLUC Temporary Land Use Certificate ToR Terms of Reference WB World Bank 6 GLOSSARY Elder brother 2 parts, younger 1 part (Tai Dam Ai dai song, nong dai nung inheritance) paa saa cemeteries paa saksit spirit forest clan (Trieng), usually taking the name of the clan elder chong responsible for safeguarding the clan's assets heed khong ghost rules het hai doing upland rice het suan crop cultivation khadong sometimes used as a bride price or wedding price kha nam nom payment for mother's milk, i.e. brideprice kha hua literally, cost of the bride's head khao heed to practise the rules of his wife’s family ghost’s tradition (Tai Dam) kong chum khong lah gongs (Brao) merging administrations, but also means technical kumbaan patthana services consolidation via MAF kumbaan pappoong am nat kan pokong party consolidation, administrative consolidation khedchutsoom focal site (not yet abolished in some provinces) mia noy literally "little wife", not legally married, mistress naa paddy land naibaan village authority leader rong community house (Brao) seng clan (Hmong) sing clan (Tai Dam) ta Clan (Khmu) ta nok, ta neanh cymbals (Brao) thoum large woven storage baskets (Brao, Trieng, Khmu) Kinship Terms used in this Study the tracing of descent or inheritance through either the father's or bi-lineal mother's family of or relating to, residence with either the wife's or the husband's family bi-local or clan matriliny the tracing of descent or inheritance through the mother's or female line matrilocal (uxorilocal) of or relating to, residence with the wife's family or clan patriliny the tracing of descent or inheritance through the father's or male line patrilocal of or relating to, residence with the husband's
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