Pathways for the recognition of customary forest tenure in the Mekong region

Description: 

"Executive summary..... Globally, about 2 billion people live under a customary tenure system, which is a set of rules and norms that govern local peoples’ use of forests, land and other natural resources. This tenure and its accompanying rights are crucial to peoples’ livelihoods, food security and culture, as well as to forest protection, biodiversity conservation and climate change mitigation. Customary tenure has long been insecure and, in many places, it is under growing pressure. But it is also increasingly recognized through a variety of mechanisms, both formal and informal. This report focuses on the recognition of customary tenure of communities living in forested landscapes in Cambodia, Lao People’s Democratic Republic, Myanmar and Viet Nam and includes a case study from Thailand. The report addresses a variety of questions: What is meant by the “recognition” of customary tenure? What mechanisms can be used to strengthen communities’ tenure security? How have these mechanisms been used in the Mekong region and what are the remaining gaps or challenges? What are the opportunities to better integrate customary tenure in ongoing interventions at the landscape, national and regional levels? And what lessons can be learned for the region and beyond? The report identifies three main pathways into which mechanisms for recognizing customary tenure can be categorized: self-recognition by communities; joint recognition by communities and others; and formal recognition in legal frameworks. It introduces a conceptual framework for assessing these mechanisms, including by analysing them through the lenses of rights, livelihoods, governance, gender equity and social inclusion, customary and traditional practices and dispute resolution. Ten case studies illustrate different approaches, often a mix of formal and informal mechanisms that have been used to recognize customary tenure in five countries of the Mekong region covered in this analysis. The report also provides an updated account of customary tenure recognition within legal frameworks, reflecting recent legal reforms in some countries. The analysis shows that legal frameworks in all five countries have provisions enabling communities to use and manage forests and natural resources. In most cases, however, these provisions do not fully recognize customary rights and practices and come with various responsibilities and conditions. Restrictions still apply to the scope of rights, the geographical area and land-use types and the duration over which rights are granted. The report identifies gaps and inconsistencies in legal frameworks and how they are implemented. It suggests promising avenues for improving the recognition of customary tenure and makes specific recommendations for each of the three pathways of recognition. It also describes some entry points for improving recognition of customary tenure that are relevant to most or all countries in the region. These include improved coordination and information-sharing mechanisms, awareness-raising, capacity-building, legal reforms and improved implementation of legal frameworks, documentation, testing and safeguards..."

Source/publisher: 

RECOFTC – The Center for People and Forests and Mekong Region Land Governance

Date of Publication: 

2022-12-09

Date of entry: 

2022-12-12

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar, Mekong Regional

Language: 

English

Local URL: 

Format: 

pdf

Size: 

3.42 MB (72 pages) - Original version

Resource Type: 

text

Text quality: 

    • Good