Marginalised people's land rights and access: ethnic minorities, the poor and women

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"Overview: The poor, ethnic minorities and women in particular suffer marginalisation that is exacerbated by circumscribed access to land and insecurity of tenure. Ethnic minority land use practices, notably shifting cultivation, are criminalised, while citizenship issues and outright discrimination and ethnic chauvinism have excluded or displaced minorities from access to resources as majority farmers have increasingly availed themselves of land and other resources since upland margins have become more accessible. In some cases, security-oriented programs have distanced ethnic minority communities from land and other resources that are the basis of their livelihoods. Women have seen customary rights in land weakened by formalisation that privileges officially designated heads of households, who are usually male. Decisions and meetings often mainly involve men, and land use planning can neglect land-based resources that are primarily in women's work domains.....Key trends and dynamics: The concept of marginalisation brings together other key themes to specify the negative impacts of land relations on certain groups of people around the Mekong region. The term ‘marginalised’ can be defined as representing the treatment of a person or a group as insignificant or peripheral. There are three important relations to highlight here. Firstly, marginalisation is a process rather than an antecedent condition. Secondly, one becomes marginalised from something, and in this case marginalisation primarily involves access to, control of, or use of land. Thirdly, the marginalised are placed in relation to others who do not suffer the same tribulations. For this latter point, it is possible to apply multiple scales, such as highlighting individuals within a household or a community, or a significant social sub-group or ethnic minority within a particular nation-state. It could be argued that the Mekong region itself is marginalised within global trade and power relations, caught up in power struggles between large capitalist forces such as the USA and China. However, the larger the scale of reference, the greater the risk that inequalities within go unqualified. Although processes of marginalisation take place in specific localised ways, it is important to reflect on the bigger picture of economic transformation in the Mekong region. At one level, it is important to take a historical perspective in order to view the marginalising effect of land policies over the long term. This includes colonial-era law drafted in support of plantation economies, certain aspects of which are retained in present-day statutory law. Moving towards recent economic policy, when considering access to and control of land for smallholders and the rural poor, the marketisation of agriculture, with the introduction of ‘boom crops’ has a strong impact when unaccompanied by propoor policies (Lamb et al. 2015). Neoliberalism encourages well-connected national elites to take control of markets and resources that bolsters their land-based wealth at the expense of the poor (Springer 2011). This is clearly seen in the advent of crony capitalism in Myanmar (Global Witness 2015; Woods 2011). A point of focus for research on marginalising practices highlights large-scale land investments that are discriminatory to local land users, particularly those who make a living outside of statesupported market arenas that have become the priority of developmentalist regimes. In Cambodia, Economic Land Concessions (ELCs) have led to the clearing of farmland and forest under use by indigenous peoples, undermining community resource management practices (Bues 2011). They have also affected the ability of indigenous groups to register themselves under collective land titling, while most concession labour is given to in-migrants (Prachvuthy 2011). Similarly, concessions in Lao PDR have enclosed space, shutting it off to communities who were previously reliant on variety of resources in the designated zone (Baird 2011). In Myanmar, Gittleman and Brown (2014) assert that nearly 1,000 families will be displaced to make way for Thilawa Special Economic Zone, and that the process of this relocation fails to meet international guidelines. There are certain social sub-groups who can be highlighted as being on the receiving end of marginalising processes. However, it is important to clarify that each sub-group should not be assumed to carry a singular identity, and that disparity will be found within. Firstly, large-scale land development can marginalise smallholders who already may be poorly served by statutory law on tenure security. Drbohlav and Hejkrlik (2018) highlight a case from Cambodia where 1,400 fishing families were relocated to make way for a land concession in the Botum Sakor National Park. The study shows that the livelihoods of those relocated has worsened, with employment issues, poor infrastructure at the relocation site, and issues over access to health and education services. Nguyen, Westen and Zoomers (2014) show how the acquisition of land for infrastructure development in peri-urban areas of central Vietnam takes little account of the wishes of local farming households whose land is taken. Ethnic minorities frequently suffer from the exploitation of land for new investment ventures. For example, there is evidence of multiple land grabs from the Ta’ang minority in Shan State, Myanmar, in order to serve military needs such as housing, training, and income generation through hydropower, oil and gas pipelines (Ta’ang Student and Youth Organization 2011). There is much attention brought to the plight of indigenous communities in Ratanakiri, Cambodia, who have lost their land to rubber plantations operated by the Vietnamese company HAGL (Work 2016). In the aftermath of the 2004 Indian Ocean Tsunami, indigenous sea nomads in Southern Thailand have suffered from land dispossession to make way for tourism developments (Neef et al. 2018). However, as a counterpoint Mellac (2011) notes that customary practices for Tai-speaking groups in Northern Vietnam have endured during periods of collectivisation and then individualised marketdriven land use rights. In this way, ethnic groups do display the solidarity and power to ride out the potential negative impacts from outside pressures. Despite legal declarations of equality, patriarchal practices in Mekong countries favour men who monopolise control of land as heads of households (see also the ‘Gender and land’ key theme for further details). They frequently maintain control of land through titling programmes. In Ratanakiri Province, Cambodia, women and girls are becoming marginalised as a consequence of emerging capitalist relations, with reduced autonomy and agency including the recognition of their land rights (Mi Young Park and Maffii 2017). However, there are actions to let women’s voices be heard. In Myanmar, a coalition of over 100 organisations lobbied for the inclusion of women in discussions over National Land Use Policy (NLUP) and helped bring them to the table in the peace process (Faxon 2017; Faxon, Furlong, and Phyu 2015). The urban poor also suffer from insecure land tenure while residing in informal housing, leaving them open to the threat of forced eviction (Cambodian Human Rights Action Committee 2009; Chi Mgbako et al. 2010). Bugalski and Pred (2010) note how a land titling programme in Phnom Penh excluded certain informal communities, thereby exacerbating inequalities (see key theme on ‘Urban land governance’ for further information). There are various ways in which marginalisation is felt by affected communities. Most clearly in relation to land is dispossession (see key theme on ‘Land dispossession/land grabbing’). Engvall and Kokko (2007) make a statistical link between land tenure security and poverty in Cambodia, where a proposed land reform package could result in a 16% fall in poverty incidence for landowning rural households and a 30% fall for the landless. A report from Myanmar looks at rural debt, and how its emergence through entry into marketised agriculture can result in distress sales of land (Kloeppinger-todd and Sandar 2013). Marginalisation from access to land can also impact upon food security for smallholder farmers, where the emergence of cash cropping takes precedence over production for local consumption (Land Core Group 2010; Rammohan and Pritchard 2014). A further impact is cultural, particularly considering that the capitalisation of land frequently ignores other important meanings to its users. By isolating access, the very cultural identity of users can be threatened, where land operates as a key identifier..."

Source/publisher: 

Mekong Land Research Forum

Date of Publication: 

2021-06-00

Date of entry: 

2021-06-24

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  • Individual Documents

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Myanmar

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English

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