In 2024, the Lao National Assembly passed a resolution to improve land tenure security for communities living in the country’s designated forest areas. This resolution marks significant progress for the recognition of these communities’ land rights, enabling them to obtain titles or certificates for land use. The decision is expected to have a major positive impact on over 3,000 villages across Laos.
The Mekong Region Land Governance (MRLG)[1] project, implemented by GRET and Land Equity International (LEI), has been actively working with the government to improve farmers’ land tenure security.
In this interview, Antoine Deligne, project manager at GRET and coordinator of the Mekong Regional Land Forum, reflects on this major milestone and the remaining challenges around securing land access in the country.
What are the issues related to land access for communities living in forest areas in Laos?
A major issue is that most farmers and villagers do not have titles, certificates, or other documents proving their land rights. If they live in an area designated as a “forest area,” they cannot legally obtain these documents. To address this, the government has committed to improving land security for villagers and recognition of their rights.
What is a “designated forest area”?
The government’s objective is to ensure that 70% of the country is designated as forest land, regardless of whether it is currently covered by forests. The idea is that forest cover will increase over time.
What was the process that led to the adoption of the resolution to secure land rights for populations living in forest areas?
In 2018, the government worked on a revision of the Land Law. One of the changes made by the National Assembly in 2019 specified that the land rights of people living in forest areas should be secured and officially documented. However, although the Land Law states this, the Forestry Law says otherwise, and there was no process for recognising these rights. The resolution was drawn up to clarify that land titles and land use certificates can be issued to people who have long-standing agricultural and residential rights within forest areas.
What role did the MRLG play?
The MRLG project started engaging with the Department of Land (DoL) at the Ministry of Natural Resources and Environment to test different approaches. We implemented a pilot to register permanent land for villagers and farmers in different types of designated forest areas to see how it could be recognised.
Despite the fact that the plots were measured and people could see where the land was, the Ministry wasn’t able to issue land titles because the law did not provide for that.
We worked with the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Forestry to find a solution to this problem.
We examined the options: either these areas could be removed from forest land, or the the Land Law could be amended to allow land titles to be issued in forest areas. The resolution passed by the National Assembly in May 2024 changed the Land Law: these areas are still designated as forest land, but it is now possible to allocate land titles and certificates, based on specific criteria.
In concrete terms, what will this resolution change?
Land tenure insecurity is a major issue in the country due to development and infrastructure projects for mining and hydropower, private investments for commercial agriculture and the expansion of protected areas. Without land titles villagers are vulnerable to losing their land and have no effective legal recourse. In the event of a conflict, having a land title makes it possible to negotiate, seek compensation, or pursue legal action. When land is allocated by the government, it also facilitates development efforts, as it provides a better understanding of land rights.
In addition, having a land title makes it possible for people to secure bank loans using the land as collateral.
What challenges still need to be addressed?
One of the main challenges will be the implementation of the resolution and MRLG is working with DoL to develop the operational guidelines for land registration and issuance of titles and certificates. Another fundamental issue is the recognition of collective rights over forest and shifting cultivation areas. Complementary tenure instruments, such as the “Village Forest Management Protection and Conservation Contract” signed between a village/a group of farmers and the Department of Forestry, may ensure that communities have a broad range of rights. It will also be crucial to monitor the resolution’s impact on forest conservation and biodiversity.
[1] MRLG is a collaborative project dedicated to protecting land rights and promoting sustainable development in the Mekong Region. The MRLG project is implemented by Land Equity International (LEI) in partnership with GRET and supported by the Deutsche Gesellschaft fűr Internationale Zusammenarbeit (GIZ).
