Land Policy and Farming Practices in Laos

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    Land Policy and Farming Practices in Laos

    Olivier Ducourtieux, Jean-Richard Laffort and SilinthoneSacklokham

    ABSTRACT

    The government of Laos has identified the eradication of poverty as a

    priority. Given the primarily agricultural character of the country, it has

    selected land reform as a core policy to reach this goal. The policy has two

    major aims: to increase land tenure security in order to encourage farmer

    involvement in intensive farming, and to eliminate slash-and-burn agriculture

    to protect the environment in a country still rich in forest resources. State

    intervention takes the form of land allocation, a process which combines the

    protection of some areas of village land with the formal recognition of private

    ownership in authorized farming areas. In a country with different types of

    geography, the effects of the policy are variable, but the research presented in

    this article demonstrates that the land laws have shortcomings which allow

    for differing interpretations depending on the local social relationships. Since

    local specificities are not taken into account, the reform is proving counter-

    productive for both forest protection and agricultural modernization, as well

    as having a negative social impact by marginalizing the poorest farmers.

    LAND REFORM AND POVERTY IN LAO PDR

    Landlocked in Southeast Asia, Laos is a small country of 236,800 km2, with

    a population of five million. It is one of the worlds poorest nations, with

    GDP in 2003 of US$ 350 per inhabitant (Lao PDR, 2003). Some 83 per cent

    of its population is rural, made up of numerous ethnic groups with varying

    farming and land tenure practices; the agricultural sector accounts for over

    half the national wealth produced 52 per cent of GDP (ibid.). Eradicatingpoverty is one of the priorities of the Lao government, which aims to take

    the country out of the list of least developed countries before 2015 (ibid.). In

    countries where agriculture plays a major role in the economy, a classical

    tool for modernization is reform of the land system. Reform is supposed to

    consolidate land security and hence to increase productivity and make

    farmers more responsible for the management of natural resources

    (Deininger, 2003; Maxwell and Wiebe, 1999). Many countries in Southeast

    The authors would like to thank Marc Dufumier, INA P-G (Paris), and the anonymous referees

    of Development and Change for their comments on earlier drafts of this article, and the

    Committee for Co-operation with Laos (CCL) which supported their research.

    Development and Change 36(3): 499526 (2005). # Institute of Social Studies 2005. Publishedby Blackwell Publishing, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main St.,Malden, MA 02148, USA

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    Asia have carried out land reform in the recent past, some within a context

    of decollectivization, such as the Chinese Peoples Republic, the Socialist

    Republic of Vietnam, the Kingdom of Cambodia or the Lao Peoples

    Democratic Republic.Since economic transition in China and, to a lesser extent, Vietnam are

    relatively well documented, we focus our study on the agrarian transition in

    Laos. Such a study is of much wider interest than the small size of the

    country might lead one to expect. Lao PDR has several points in common

    with its larger northern and eastern neighbours: a history of colonial or civil

    wars, a few decades of planned economy and collectivization, followed by a

    move to a market economy without political liberalization. However, Laos

    also has a number of specific characteristics, including its limited land area,

    its mainly mountainous landscape, with little in the way of wide paddy riceplains, its low population density (21 inhabitants per km2),1 and an ethnic-

    ally diversified population with a dominant, but just, majority group.2 Land

    reform in Laos also has a wider significance because of its impact on natural

    resources, especially forests and water for hydropower, which are in increas-

    ing demand from the neighbouring economies (ADB, 2003; ADB and CPC,

    2004; Dufumier, 2004).

    Since the early 1990s, the Lao government has undertaken substantial

    land reform, challenging existing land access and farmer practices. As the

    constitutional landowner, the State differentiates between forest, fromwhich farmers are in principle excluded, and farmland, which has been

    redistributed and is used under supervision. In this article, we study whether

    such a reform is effective in addressing the issues of poverty alleviation and

    environment conservation. This is done, first, by analysing the aims and

    principles of the reform, and then by assessing its consequences through an

    examination of its implemention in different regions of Laos. The conclu-

    sion reached is that this is not an effective policy tool.

    Research Methodology

    Most of the material used in the article derives from the research work of

    the three authors, who have studied different regional agrarian systems in

    Laos. The methodology is a three-step field survey: (1) zoning by transects;

    (2) interviews of key-witnesses (old farmers) within each zone, in order to

    understand the transformation of agriculture and to assess present socio-

    economic differentiation; and (3) interviews with sample farmers in order to

    reach a technical and economic characterization of each identified family

    1. To compare with neighbouring countries: Thailand has a population of 110 inhabitants/km2,

    China 135 inhabitants/km2, and Vietnam 220 inhabitants/km2.

    2. The Lao group represents 52.5 per cent of the population (Sisouphanthong and Taillard,

    2000).

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    group within the three zones (Dufumier, 1995; Mazoyer and Roudart,

    1997). The authors applied the methodology in a four-year field survey,

    during which they interviewed more than 800 farmers living in 105 villages

    in the three case-study regions of Sayabury, Vientiane and Phongsaly (seeFigure 1).

    Figure 1. Map of the Lao Peoples Democratic Republic

    CHINA

    VIETNAM

    THAILAND

    Gulf of Tonkin

    CAMBODIA

    MYA

    NMAR

    Mekong

    LUANGNAMTHA

    BOKEO

    PHONGSALY

    HUAPHANH

    Phongsaly

    Luang Namtha

    Oudomsay

    OUDOMSAY

    LUANG

    PHRABANG

    XIENG KHUANG

    SAYSOMBOUN

    BOLIKHAMSAY

    KHAMMUANE

    SAVANNAKHET

    SARAVANE

    SEKONG

    ATTOPEUCHAMPASSACK

    Savannakhet

    Mekong

    VIENTIANE

    VIENTIANE(Prefecture)

    Luang Phrabang

    Sayabury

    SAYABURY

    State boundaryProvince boundaryProvinceProvince Capitale

    Mekong

    Surveyed zone

    0 100 200

    KHAMMUANE

    km

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    LAND REFORM IN LAO PDR IN HISTORICAL CONTEXT

    Divided between the Siamese and Vietnamese empires until the end of the

    nineteenth century (Evans, 2002; Le vy, 1974; Stuart-Fox, 1998; Taillard,1989), Laos was subjected first to French colonization (Brown and Zasloff,

    1986; Deuve, 1984; Gunn, 2003; Kelly and Reid, 1998; Le vy, 1974; Scott,

    1976) and then almost twenty years of the Vietnam War (Boupha, 2002;

    Brown and Zasloff, 1986; Evans, 1990). Peace was restored when the Lao

    Peoples Democratic Republic was founded in December 1975 (Stuart-Fox,

    2001), which then tried to establish a socialist-type planned economy

    (Boupha, 2002; Bourdet, 1995a; Brown and Zasloff, 1986; Chaze e, 1998;

    Dufumier, 1980; Evans, 1990; Stuart-Fox, 1996; de Vienne, 1995). After

    eleven unsuccessful years, in 1986 the Lao Revolutionary Party led thecountry to a socialist market economy, like that of the neighbouring

    countries of China and Vietnam. Under single-party rule, private ownership

    of production means and free enterprise became the new principles for

    development (Bourdet, 1993; Chaze e, 1998; Stuart-Fox, 1996; Taillard,

    1989; de Vienne, 1995).

    Prior to 1975, the King of Laos was considered the ultimate owner of all

    the land. This was a theoretical right: at the village level, the land was

    managed according to customary rules (Taillard, 1974). According to the

    picture traditionally presented of the literature, a farmer would choose anuncultivated plot under the village chiefs supervision, in order to limit

    conflicts (Suryadhay, 1971). The initial occupant had exclusive usufruct

    rights, as long as he worked the land. Prolonged abandonment (the exact

    timeframe depended on the type of land) meant a loss of all rights.

    However, this is largely the story of the dominant Lao ethnic group: with

    several dozen ethnic groups living in Laos (see Chaze e, 1999; Ovesen, 2002;

    Schliesinger, 2003), there is a variety of customary land practices which is

    partly due to cultural factors, and partly to local synergies which have

    modified customs. Two different ethnic groups may practice the same landtenure rights in one region whereas there may be different practices within

    the same ethnic group settled throughout a large territory (Baudran, 2000;

    Chaze e, 1999).

    When the Lao PDR was founded, land ownership was officially trans-

    ferred from the King to the people, represented by the State (Boupha, 2002;

    Evans, 2002). Initiated during the war time in some eastern provinces, land

    collectivization became a national goal (Evans, 1990). The State encouraged

    families to farm their land collectively, with the land effectively owned by

    the villages3

    (Dufumier, 1980). Almost 4,000 co-operatives were settledbetween 1976 and 1986 (Bourdet, 1995b), although the level of involvement

    3. The only nationalized land was that confiscated from the notables of the previous regime

    to create State farms.

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    varied considerably from one province to another (Taillard, 1989), depend-

    ing on local political pressure and forced enrolment (Bourdet, 1995b). The

    difficulties of organizing the work collectively, and redistributing the harvests,

    led to a drop in rice production. There was widespread passive resistance onthe part of the farmers; coupled with low public investment, this meant that

    many co-operatives were co-operative in name only. In reality, collectiviza-

    tion often meant little more than groups of extended mutual aid, beyond

    immediate family (Dufumier, 1980), and cannot be compared to the funda-

    mental changes that took place in China in 194878, when Maoist reforms

    overthrew the feudal landlord system (Muldavin, 1996). These difficulties

    finally took their toll (Evans, 1990): after the Lao Revolutionary Party had

    committed the country to a socialist market economy in 1986, the number of

    co-operatives dwindled to almost nothing (Bourdet, 1995b). In the villages,land and means of production were returned to their former owners, while the

    Lao government progressively reformed land regulations in the framework of

    a free-market oriented policy (ADB, 2003; Bourdet, 1993).

    LAND ISSUES IN OFFICIAL DEVELOPMENT THINKING IN LAOS

    In a country where agriculture provides more than the half of GDP and

    employs more than 70 per cent of the population, rural development is crucial

    for political stability and future prosperity. Rural development therefore plays

    a central role in the governments policy, with its emphasis on poverty reduc-

    tion and preservation of natural resources (Lao PDR, 2003; MAF, 1999).

    Since it lacked the means to invest heavily in infrastructures such as irrigation,

    the government chose to modify land policy as a priority to reach its goals of

    modernizing agriculture and developing the national economy (MAF, 1999). It

    had two uncommon characteristics to work with: the low population density,

    which means that access to land should not pose a major problem; and the fact

    that the tropical forest still covers nearly half of the country, although it has

    been cut back substantially in the past sixty years.4 The economic challenge of

    exploiting or preserving this natural resource is at the core of a political debate

    which, as will be shown, tends to eliminate the farmers from these areas and,

    hence, complicate the countrys land use and rules.

    According to the government, permanent and intensive farming has a

    major role to play in national development. It has to generate a high level of

    raw materials, simultaneously supplying the domestic market, and accom-

    modating an increase in exports and the emergence of a national agro-

    industrial fabric. Therefore, the soil must not remain unproductive and

    must be farmed yearly (MAF, 1999). Within this logic of intensification,

    the same potential is not available to all the countrys regions. Government

    4. From a cover of 70 per cent in 1940, to 51 per cent in 2000 (MAF, 2000).

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    policy pits productive plains, which are the vectors of the countrys eco-

    nomic development, against mountains where environmental protection

    must prevail (ibid.). The economic role of the Mekong valleys rice-growing

    plains is undeniable, but restricting mountain policy to the single dimensionof protecting nature is oversimplified: the slopes cover 90 per cent of the

    countrys surface area (ibid.) and 280,000 families, almost a third of the

    whole population, live by using shifting cultivation. Lao official policy tends

    to support the perceived rationality of the lowland areas against the needs of

    the upland farmers (Aubertin, 2001; Menzies, 2002).

    Shifting cultivation has often been (and is sometimes still) presented as

    outdated and destructive by development institutions (Forsyth, 1999;

    Gutelman, 1989; OBrien, 2002; Sanchez and Hailu, 1996; UNDP, 1995)

    and the Lao government (Aubertin, 2003; MAF, 1999, 2000). The Laoauthorities argue that the lack of formal duties and rights concerning the

    forest areas leads to irresponsible use, and thus to an unsustainable manage-

    ment of natural resources. In 1994, the government decided that shifting

    cultivation should be eliminated by the year 2000; in 2000, the goal was

    postponed until 2020 (MAF, 2000) and then in 2003, brought back to

    2010 (Lao PDR, 2003). In some areas of the country, accelerated crop

    rotations are seriously endangering this type of farming (Roder et al.,

    1997). If land is left fallow for less than six years, yields decrease and the

    soil erodes. Yet, as long as the population density remains low, shiftingcultivation can be sutainable (Dufumier, 1996, 1999; Kleinman et al., 1995).

    Long-term fallow makes it possible to contain the invasion of weeds and to

    re-establish the soils structure and mineral fertility (Ramakrishnan, 1992).

    Erosion is limited and farming families can meet their basic economic needs.

    Experience accumulated over the centuries has made it possible to develop

    farming methods which are adapted to local conditions and evolving socio-

    economic synergies (Dufumier, 1996; Pravongviengkham, 1997), while pre-

    serving the environment. In several sparsely-populated regions, the land

    management modes developed by farmers make shifting cultivation a low-damage and economically profitable method that can be used for decades

    (Alexandre and Eberhardt, 1998; Baudran, 2000; Kousonsavath and

    Lematre, 1999; Laffort and Jouanneau, 1998).

    Aims and Experiments of the Current Land Reform

    Land allocation was introduced experimentally in 1990 in the Luang

    Prabang and Sayabury provinces, with the support of multilateral (AsianDevelopment Bank, FAO) or bilateral (Swedish) development agencies. In

    1994, the process was extended to the whole country.5 In the plains, the

    5. Decrees by the Prime Minister of the Lao PDR 169/PM (3/11/1993) and 186/PM (12/10/

    1994).

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    reform is supported by the World Banks Land Titling project (World

    Bank, 2003) in which, in line with neoliberal principles, the World Bank

    promotes the formalization of land tenure in order to develop a free market

    and access to credit by mortgaging land. The land titling project which wascarried out in Thailand was presented as a success by the World Bank

    (see Feder and Feeny, 1991). According to some authors, however, the

    Thai experience shows the economic limits and negative social impacts

    of the policy (Maxwell and Wiebe, 1999; Molle and Srijantr, 2003), and

    foreshadows what might happen in Laos.

    The aim of the land allocation policy in Laos was twofold (Eggertz, 1996;

    Kirk, 1996): to increase land tenure security to enable farmers to invest in

    their land; and to encourage village communities to protect the forest envir-

    onment by managing the area in a sustainable manner and by removing largeportions of the villages land from the slash-and-burn cycle to turn them into

    controlled reserves. These publicly proclaimed ambitions were accompanied

    by the goal of increasing the governments revenue through property taxes

    resulting from the allocation process (Eggertz, 1996; Kirk, 1996). For the

    2001 fiscal year, they brought in over US$ 2 million (Vientiane Times, 2001).

    Principles of the Land Reform

    Land reform was progressively codified by a series of texts,6 including the

    founding decree promulgated by the Prime Minister in 1992 (99/PM), which

    stipulates that: the land belongs to all the Lao people, represented by the

    government. Lao citizens have the right to own and use land, pass it on in

    the form of inheritance, to offer, rent, sell or buy rights of land ownership

    and use.

    In principle, village land is zoned, based on the existing vegetation and

    past use by farmers.7 The first level of division is a separation into farmland,

    defined as areas farmed on a permanent basis, and forest land, defined as

    the remaining land of the village, whether wooded or not.8 These categories

    6. Law on private property (27/6/1990); Lao PDR constitution (14/8/1991); decrees by the

    Prime Minister on land (99/PM 19/12/1992), on property tax (50/PM 13/3/1993), on

    village organization and administration (102/PM 5/7/1993), on use of forests and forest

    land (169/PM 3/11/1993), on land allocation for reforestation and forest preservation

    (186/PM 12/10/1994); ministerial instruction (Ministry of Agriculture and Forests) on

    customary rights and use of forest resources (0054/MAF 7/3/1996); law on water and

    hydrological resources (126/PDR 2/11/1996); land law (33/PDR 31/5/1997); farming law(105/PDR 6/11/1998); law on environmental protection (09/PDR 26/4/1999).

    7. We do not consider here the land already managed by the State (National Biodiversity

    Conservation Area, Provincial forests, State farms, etc.), which are not affected by the

    reform.

    8. Prime Ministers decree 169/PM. There are also regulations covering small areas used for

    housing, cemeteries, roads etc.

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    are then subdivided again.9 Farming areas include fields farmed without

    rotation (rice fields, gardens, other cash crops), both existing and to be

    developed, as well as pasture land. Forest land is divided into five

    categories:

    * Conservation forest, a genuine natural reserve on the village scale, where

    all activity is forbidden;* Protection forest in watershed areas, where gathering is tolerated;* Production forest, where wood cutting and gathering are allowed;* Forest to be regenerated, areas designated to return to forest area, either

    naturally or by means of plantation;* Degraded forest, which makes up the village land reserve, and can be

    granted to families based on their farming needs.

    The government opted for a system of land allocation based on the

    human and financial capacity of each family to produce, thus aiming at

    optimal allocation of land resources to maximize the growth of farm pro-

    duction. A limit was set at 22 ha per active worker,10 although the surface

    area held in paddy fields by families is not taken into account in this limit.

    The decree, perhaps inspired by an ancient customary measure, seeks to

    automatically return a plot which has been abandoned for over three years

    to the village committee: this land should then be redistributed in the villageto farmers who can farm it. Where shifting cultivation is used, fields are

    allocated temporarily, as long as they are farmed and the property tax is

    paid. To encourage the farmers to change their ways, tenure security on

    these plots is deliberately limited since shifting cultivation takes up too

    much space.11

    The process ends in the publication of a village map and the signing of an

    agreement between the village and the district authorities, which formally

    includes all the characteristics of a land rental contract, where the State is

    the lessor and the farmers the lessees. This agreement is often the first timethat the farmers formally acknowledge the States ultimate right to the land,

    which was previously only a concept (Eggertz, 1996).

    The policy is supervised at the highest State level (Prime Ministers

    Office) and put into effect, following a standard national procedure, at

    the local level by the province and district finance and agricultural ser-

    vices, under the supervision of the provincial governors. Farmers are

    involved at the land division stage, but not in deciding whether to apply

    the programme to their village or not. The district agents spend six to ten

    9. Prime Ministers decree 186/PM.

    10. Comprising 1 ha of upland rice, 15 ha of pasture, 3 ha of cash crops and 3 ha of orchards.

    11. Remark made to the authors by a high-level civil servant at the Lao Ministry of

    Agriculture and Forests (June 2001).

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    days per village and do not have the time to consider the farmers micro-

    management of the area. Within just a few months, a long list of allo-

    cated villages can be published and polychrome zoning maps are put up at

    village entrances.Traditional land rights existing before the land reform are theoretically

    taken into account, as the constitution formally acknowledges the traditions

    and cultures of the various ethnic groups.12 The different decrees providing

    the framework for the land reform recommend taking customary land rights

    into account, but without specifying conditions. One ministerial decision

    (0054/MAF, 7/3/1996) indicates that customs may be maintained if they do

    not have a negative effect on the forest environment; this leaves room for all

    kinds of interpretations based on local interests and power struggles. The

    actions in the field by the agents in charge of the allocation give someindication of whether customs are taken into account or not: in the plains,

    for example, farmers must prove that they have paid land taxes in order to

    get titles, regardless of local customs (Eggertz, 1996).

    The programme has neither an independent legal regulator nor local

    mediators. Any conflicts that arise have to be settled by the authority in

    charge of applying the policy. If there is indeed a contract between the

    village and the State, the latter seems to have no obligations, particularly as

    far as respecting the promise of technical support is concerned (Keonuchan,

    2000; Kirk, 1996; UNDP, 2002). Despite the intentions originally claimedfor the policy, the confrontation of these aims with procedures and local

    realities often produces contradictory results. We will now analyse the

    inconsistencies in the implementation of the policy, based on case studies

    from three different regions of the country.

    LOCAL EFFECTS OF LAND REFORM: THREE CASE STUDIES

    Lao PDR is more diversified than its small land area leads one to expect.

    It stretches for almost 2,000 km from south to north, with a landscape

    that changes from the western valley of the Mekong to the northern and

    eastern mountains. This geographic diversity is matched by a human

    one, with seventy-five different ethnic groups mentioned in the 2000

    census (Sisouphanthong and Taillard, 2000). Studying the implement-

    ation and impact of the land reform in all the different regions of

    Laos would be beyond the scope of this article, but three contrasting

    regions were selected, which between them include a wide range ofsituations, in order to obtain a broad overview of the effects of land

    reform in the country (see Figure 1):

    12. Lao PDR Constitution, article 8 (14/8/1991).

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    * South of Sayabury province in the west, where the first land allocation

    experiments took place; this is a hilly landscape used by Lao farmers to

    grow annual cash crops;*

    Vientiane plain in the centre; this is the paddy rice area around thecapital Vientiane in the flat Mekong valley, mainly inhabited by Lao

    farmers;* Phongsaly province in the north; a mountainous area subject to slash-

    and-burn agriculture by farmers belonging to non-Lao ethnic groups.

    The Sayabury Hills

    Located on the right bank of the Mekong, Sayabury province is geographic-ally linked to Thailand. Family appropriation of the land in the south of the

    province differs from the traditional scheme, even though the population

    belongs to the dominant Lao ethnolinguistic branch. A familys right to use

    a cleared plot has long been seen as inalienable, and is inherited or handed

    over. This pattern of appropriation favours the families of the first occu-

    pants, who cleared the best lands in the valley bottoms when the region was

    undergoing progressive farm colonization. Demographic growth and the

    arrival of new migrants led to a gradual extension of village land to include

    the surrounding areas on less desirable, steep and remote slopes.Since the early 1980s, the gradual return of export trade to Thailand has

    brought about a rapid evolution in farming practices in the south of the

    province (Laffort, 1998). In the valleys most open to trade, the development

    of increasingly effective sales networks has encouraged farmers to increase

    the proportion of annual cash crops in their rotations. Farmers from the

    districts most involved in trans-border exchanges (Kenthao and Boten) have

    more than quadrupled their cash crop areas in ten years, while rice areas

    have remained relatively stable (see Figure 2).

    Interviews with old farmers allowed us to build the following model of theagricultural history of the area, focusing on the evolution of land use. In the

    first phase, farmers increased the cultivated area by slash-and-burn, accel-

    erating the crisis of the farming system in the valleys as a result of exceed-

    ingly short rotation periods. Unable to effectively control the weed coverage

    with the available labour force, farmers had to abandon low, infested zones

    and colonize piedmont zones and hilltops. However, tractors and power

    tillers imported privately in relatively high numbers at the end of the

    1980s allowed farmers to undertake ploughing as a form of mechanical

    weed control; they have managed to replant the grass-covered valley bot-toms and once again extend the farmed area. Nevertheless, the practice of

    shifting cultivation still exists, especially on steep slopes or in remote zones

    where mechanization has yet to find its way.

    These successive movements to colonize space increased economic differ-

    ences within the farming community. As argued by Chayanov (1986), in

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    societies where labour is the limiting factor of agriculture, the income and

    savings ratio of a farmer family varies according to its consumptionlabour

    balance.13 The surplus of a recently-settled couple quickly turns into adeficit when children are born; once they grow up and begin to work with

    their parents, conditions progressively improve. In Sayabury, families who

    were well placed in the cyclical consumptionlabour balance (that is, those

    with a surplus of labour power) at the time of commercial expansion, took

    advantage of the first phase to increase their areas by means of shifting

    cultivation. They quickly increased their income and their savings and were

    able to invest in mechanization early on in the second phase. Other families

    found themselves unable to access cash crops, devoting their entire work-

    force to securing their own rice supply on their plots.

    Land Allocation: Model or Counter-model?

    Sayabury was one of the first provinces involved in the land reform experi-

    ment; land allocation began in 1990 and was completed in 1996. The

    government sees the south of the province as a model for the application

    of the new laws and agricultural development. Apart from the rice-growing

    plains, it is the only region in the country where annual crops occupy asubstantial part of village land on a permanent basis.14 The policy aims of

    Figure 2. Changes in Cultivated Surface Areas in Southern Sayabury

    Total surface of crops

    Rice crop

    Cash crops

    0

    2,000

    4,000

    6,000

    8,000

    10,000

    12,000

    14,000

    16,000

    18,000

    1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

    hectares

    Source: Boten and Kenthao district statistics offices

    13. The ratio of active workers to people to feed.

    14. For 1996, annual cash crops amounted to 11,300 ha and upland rice to 14,000 ha (MAF,

    1997).

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    the land reform thus seem to have been reached, with a landscape of

    permanent cash crops, visible modern technology (tractors, power tillers)

    and forests on the hills. But is this the consequence of land allocation or a

    coincidence resulting from the earlier introduction of mechanization?Despite the initial positive results, the limitations of the reform can already

    be observed.

    Extensive interviews of 300 farmers in fifty villages show that the success-

    ful farming families are almost entirely wealthy families who were already

    using mechanization before the reform. Because of their lack of investment

    capacity, the majority of other farmers continue to use manual tools to

    control weeds. For them, the only way to survive in the current conditions

    of access to production means is to continue practising the much-criticized

    shifting cultivation, and to hire out their labour power to the richer families.The difference in income between these two categories is growing. This

    trend is emphasized by the recent appearance on the local market of new

    chemical inputs (herbicides and insecticides): it is now possible for a number

    of families to farm the whole surface area allocated every year and to widen

    the gap with the least well-off families. Since the reform, the economic

    situation of the latter has deteriorated, due to the reduction of land

    resources available for shifting cultivation. The village land reserve has

    been reduced, as required by law, and is of low agricultural quality. It is

    made up of plots abandoned by poor families unable to pay the tax, andmarginal plots (low fertility, steep, remote) left by the wealthier families.15

    Interviewed villagers explained that some aspects of customary rights still

    prevail despite the new laws: for instance, village chiefs unfailingly consult

    the former holders before allowing a new family to clear land. Contrary to

    official reports, and in violation of the new land regulations, much of the

    fallow land visible in those zones least open to mechanization has already

    been appropriated: poor families use a small part of it for shifting cultiva-

    tion, but wealthier families hold the majority of it, keeping it for future use.

    The limited size and mediocre quality of the legal reserve (where customaryrights continue to prevail), as well as the insecure tenure of borrowed plots,

    force new families to clear areas on hilltops, in the protected forests. This

    happens in spite of the imposition of fines which, although high, are not

    perceived as a penalty but as the price of access to land.16

    Government targets to eliminate shifting cultivation are far from being

    reached. Shifting cultivation has declined in the region, but this is due not to

    the land reform, but to the spread of new mechanical means that have

    increased farmers productivity and thus allowed a greater surface area to

    be planted with permanent crops. Although clandestine slashing is mainlydone by poor families, wealthier families also use it to extend their farming

    15. Survey of 110 families in ten villages (July to October 1999).

    16. Survey of thirty poor families in six villages (May to July 2001).

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    operations whenever strips of forest remain in the valleys. In the most

    densely populated zones, for instance around district towns, where the

    protected forests are inaccessible, a new category of economic agents has

    emerged: landless farmers, hiring themselves out for work on a daily basis.Nor can the State claim that it has managed to impose its will to maxi-

    mize the use of the space available. The soil occupancy pattern is quite

    different from the multicoloured maps or statistics posted at village

    entrances. Deprived of alternative resources, farmers continue to use forest

    space for animal husbandry, shifting cultivation, clearing for permanent

    crops, gathering, traditional use of firewood and timber. Although they

    are criticized less frequently, forest industries also play a role in the decline

    of the forest. Contrary to plans, the reform does not guarantee the pro-

    tection of natural resources.Because the farmers best interests, practices and know-how were not taken

    into account, the economic success of the reform in the south of Sayabury

    province was perceived by the authorities to be a direct result of the policy,

    implying that it could be generalized elsewhere. Yet without the developments

    which occurred prior to, and then concomitant with, mechanization, it would

    have been difficult for wealthy farmers to comply so quickly with the new

    land laws. One serious problem which now arises is how to deal with the

    degradation of the soil which results from repetitive mechanical ploughing17

    (Laffort, 1998). If the current trend continues, the governments aim ofdeveloping modern agriculture that respects the environment and generates

    wealth is unlikely to be reached in the south of Sayabury province.

    The Vientiane Plain

    In the centre of Laos and populated mainly by the Lao ethnic group, the

    Vientiane plain covers a surface area of 300,000 ha, and has historically

    been one of the countrys main paddy rice producers in the rainy season.The banks of the main rivers (Mekong and Nam Ngum), fertilized by

    alluvial input, are devoted to cash crops. In upland areas, shifting cultiva-

    tion was widely practised but is now declining, and being replaced by tree

    plantations (eucalyptus, teak, fruit trees, and so on) or pastureland for

    raising cattle and buffaloes. Current land tenure is complex, resulting

    from the successive application of three land use rights systems customary,

    socialist and liberal whose intermingled features now remain.

    Prior to 1975, typical Lao customary rights were applied, with the ulti-

    mate ownership of land in the hands of the King. Collectivization occurredfrom 1976 to 1986, after which time the co-operatives were progressively

    dismantled (Evans, 1990). The small amounts of land and equipment that

    17. Done along the slope and before the rains, ploughing exacerbates the erosion of soil made

    fragile by the absence of organic matter.

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    had been acquired by the co-operatives were sold to farmers who had kept

    some capital (in the form of gold and silver) hidden since 1975. This allowed

    them to increase their productive potential and led, as in the case study

    above, to greater socio-economic differentiation. With the abandonment ofcollectivization and the progressive acknowledgement of private ownership

    in the form of an increasingly monetarized market, land use rights, pre-

    viously granted by the State and by tradition, become the object of trade.

    As early as 1976, the region had become host to migrants attracted by the

    proximity of the capital, Vientiane, which offered safety and access to mar-

    kets but still with a relatively low population density. This movement

    increased at the end of the 1980s and still continues (Sisouphanthong and

    Taillard, 2000).18 According to farmer interviews, the new arrivals were

    mainly upland farmers, displaced by the governments policy of forest pro-tection (Aubertin, 2001; Evrard and Goudineau, 2004; Vandergeest, 2003).

    The original inhabitants did not look kindly on the new arrivals, who were

    granted land taken from the village reserve. The land was of poor agricultural

    value, however: the new plots were either located in high positions, suscep-

    tible to drought, or in low positions, susceptible to flooding, making harvests

    unpredictable one out of every three years. Migrants arriving now, after the

    land allocation and titling, no longer have the possibility of being allocated

    land; they can only buy or rent land, or become landless farmers selling their

    labour. Increasing demographic pressure is at the origin of a growingdemand for land: a real land market has opened up and is still growing,

    and forms an important backdrop to land allocation.

    Land allocation began in the Vientiane plains with the publication of the

    first maps in 1996. As with other plains in Laos, the reform is supported by

    the World Banks Land Titling project (World Bank, 2003). Farmers who

    have fulfilled their fiscal duties are entitled to register their agricultural land.

    Appropriating areas classified as forests is theoretically illegal.19 While

    interviewing farmers, however, it appeared that they still took possession

    of forest land based on the customary right which makes the clearer theowner. By farming them on a regular basis and paying the tax, the farmers

    obtained the right to register them.

    Definitions of the different land categories are not clear and leave room

    for varied and contradictory interpretations. Property tax rates depend on

    the use of the land and are aimed at promoting intensified farming. Given

    the lack of any controls, farmers often declare fictive uses in order to pay

    less tax: pasture, garden and plantation labels very often replace

    slash-and-burn field20 which also allows the local administrative

    18. For example, the population of twelve villages in the study area totalled 540 families (20

    inhabitants/km2) in 1979, but had reached 1,600 families by 2001 (59 inhabitants/km2).

    19. Prime Ministers decree 169/PM.

    20. Survey of 100 families in twelve villages (February 2001 to March 2002).

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    services to claim that shifting cultivation is disappearing (MAF, 2002). The

    land use map is also of limited value. Since the local administrative services

    lack the means to do it themselves, each owner is left to register his/her own

    land. During interviews, some villagers acknowledged that they under-declared the size of their plots, leading to erroneous mapping. With its

    incorrect surface areas, the map may lead to land conflicts between neigh-

    bouring villages or with new arrivals.

    Interviews with seventy-five old farmers in twelve villages allow us to

    build up a model of land use in the area since the mid 1980s. Farmers with

    capital were able to invest quickly and make gains from land opportunities

    when economic policy changed. As a result, they are now the main bene-

    ficiaries of different strategies of the reform (Sacklokham, 2003), including:

    raising cattle on fenced pastures; the establishment of eucalyptus or teakplantations, encouraged by the Asian Development Bank (ADB, 1994),

    which is more a matter of land speculation than actual productive use of

    the land;21 and sale of land to city dwellers or new migrants. The proceeds

    of these sales are generally reinvested in farm equipment or in livestock

    breeding to increase family income and work productivity.

    Squeezed out by the policy of eliminating shifting cultivation, many

    families migrated from hilly regions to the Vientiane plain after 1990

    (Evrard and Goudineau, 2004). Those farmers who arrived with savings

    and those who had outside support22

    were able to buy land. The wealthiestwere also able to invest in mechanizing their operations with tractors, power

    tillers, huskers, etc., increasing their work productivity and their income by

    piecework. On the other hand, for recent migrants without capital there is

    no longer any land in the village reserves. Each year, these landless farmers

    rent private fallow that they slash and burn; as a result of this insufficient

    and insecure access to land, they find themselves in an unstable food and

    economic situation.

    The recent extension of farmed surfaces has reduced the area available for

    pasture. Farmers now have to watch over their herds. Some have bypassedthe law and fenced off plots on village reserve land to privatize access to

    grazing. Others, short of the capital for buying pasture or the workforce

    for watching over their animals, have been forced to abandon animal

    husbandry (see Figure 3).

    A survey of 240 farmers in twelve villages shows that processes for

    implementing the reform have contributed to emphasizing social differentia-

    tion. Certain groups had advance access to information regarding legal

    21. Added value for eucalyptus plantations is US$ 120 per ha, compared to US$ 140 per ha

    for slash-and-burn fields, US$ 250 per ha for fruit trees, or US$ 1,000 per ha for bank

    gardens the small fields along the river banks which are planted with, e.g., vegetables,

    maize, fruit trees or other cash crops (Sacklokham, 2003).

    22. After 1986, some families with relatives who took refuge abroad have begun to receive

    remittances from their relatives.

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    decrees, which allowed them (as early as 1995) to anticipate the applicationof the decrees to their advantage, increasing the appropriation of village

    land reserves by these groups.23 The land allocation committees, created in

    1996, had to content themselves with ratifying this early appropriation. By

    magnifying social differences, land allocation has thus heightened the risks

    and frequency of land conflicts (Sacklokham, 2003).

    The Forest Continues to Recede

    From field research and interviews we estimate that, along the edges of the

    plain, forest areas have been reduced by 80 per cent since the 1950s. The

    reduction is partly due to the agricultural colonization process, and partly to

    logging, which began in 1955. With the land reform, the Lao government

    banned the exploitation of the forests in the region in order to protect the

    Nam Ngum and Mekong watersheds (Klemm, 1995), but some possibilities

    still exist. The sale of logging rights by villages to fund community facilities

    (such as schools, electricity and roads) is still allowed, and is seen as themain cause of the almost complete disappearance of forest zones. On a

    smaller scale, high-level civil service retirees benefit from tree felling rights

    Figure 3. Changes in the Number of Buffaloes and Cattle compared to

    Surface Area Cultivated in the Vientiane Plain

    Crops

    Buffaloes & cattle

    20000

    30000

    40000

    50000

    60000

    70000

    80000

    1985 1987 1989 1991 1993 1995 1997 1999 2001

    hectares

    20000

    40000

    60000

    80000

    100000

    120000

    140000

    numberofanimal

    s

    Sources: MAF (2002); National Statistics Centre (2001)

    23. They include members of the village committee, well-off families, relatives of high ranking

    civil servants, and so on.

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    for the construction of their homes, while the sale of wood is still allowed

    after authorization has been granted to clear a farming plot.

    Although one of the main aims of the current land reform was to protect

    the forest environment, it has failed to halt forestry industries which accountfor the greatest loss of forest in the region. At the same time, the land

    reform aims to modernize agriculture, but farmers are not involved in the

    decision-making stages of land allocation. Combined with the lack of means

    mobilized for the reform and the lack of attention to customary practices

    from local authorities, this has led to a widespread bypassing of the spirit

    and letter of the law and accelerated the disappearance of village land

    reserves, to the detriment of the poorest farmers. Together with demo-

    graphic pressure, the expansion of the market economy and the develop-

    ment of Vientiane city, the land allocation policy has contributed to drasticchanges in farming practices and increased social differentiation.

    The Phongsaly Mountains

    Phongsaly district is a remote and landlocked region in the Lao PDRs

    northernmost province, with China to the west and Vietnam to the east

    (see Figure 1). The district is situated on largely hilly terrain covered by

    shade forest, but human activity, in particular shifting cultivation, hastransformed the natural vegetation. The existing formations are diverse,

    ranging from primary forest to savannah maintained by fire (Alexandre

    and Eberhardt, 1998; Baudran, 2000; Laffort and Jouanneau, 1998). The

    population mainly belongs to the Sino-Tibetan ethnolinguistic family, with

    the Lao ethnic group being absent from the rural area. At present, approxi-

    mately 25,000 inhabitants in ninety-three villages live essentially from shift-

    ing cultivation which provides over 75 per cent of their food resources

    (Ducourtieux, forthcoming). Agricultural alternatives are limited by the

    absence of farmable lowlands in the V-shaped valleys, the lack of accessto markets for cash crops and the high incidence of health problems in

    animal husbandry.

    The agrarian system is based on an unusual land tenure system, which

    was modelled after interviewing 230 old farmers in thirty-nine villages. Each

    family has land use rights bordering on private property (Laffort and

    Jouanneau, 1998), but social practices oversee land tenure. The village

    community chooses the stretch of forest to be cleared each year; in this

    zone, the families farm their plots. With demographic growth, there is a

    trend toward dividing up the plots from one generation to the next. Theregulation of this trend is complex, based on four successive mechanisms:

    loan of land between families, extension of crop duration in slashed fields,

    emigration, and acceleration of rotations as a last resort. In order not to

    reduce the familys area to an economically unviable level for the heirs, there

    is a trend for the younger generation to leave Phongsaly on a regular basis.

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    Emigration is constant, but only concerns a few people per year. Those

    migrants who leave with capital, generally resulting from the sale of

    buffalo and cattle, purchase rice fields in the plains or switch to urban

    trade. Migrants without capital look for salaried jobs in towns or join thecivil service or army in low-level positions. This system protects soil

    fertility and maintains satisfactory production levels, at the cost of expel-

    ling part of the population to other zones. Population growth in the

    district was 1.9 per cent per year between 1985 and 1995, and 0.3 per

    cent per year between 1995 and 2000, compared to nearly 2.6 per cent for

    the whole country (Sisouphanthong and Taillard, 2000).

    The rigid land tenure system in Phongsaly is uncommon for shifting

    cultivation. It tends to slow down the decrease in the fallow period a

    characteristic response to demographic growth in many other shifting cultiva-tion systems (Forsyth, 1999; Fujisaka, 1991; van Keer, 2003; Ramakrishnan,

    1992; Sanchez and Hailu, 1996). Long fallow periods (of eight to twenty

    years) contribute to the protection of the forest and soil, as well as maintain-

    ing biodiversity (de Koninck, 1997; Lawrence and Schlesinger, 2001; Rossi,

    1999). The Phongsaly system also provides each family with substantial

    security in terms of access to land, particularly in the long term. This

    encourages farmers to invest in their land: despite limited water resources

    and the difficult topography, more than 12 per cent of families have set up

    terraced rice fields an original investment for a forest agriculture with alow population density (8 inhabitants/km2). The farmers also cultivate mar-

    ket gardens and cash crops, such as cardamom or teak (in the valleys). Such

    investments demonstrate the confidence that farmers have in their access to

    land. Furthermore, although the Phongsaly agrarian system may appear

    unproductive and poor, it exports manual labour (and capital earned from

    farming) on a regular basis to other regions and other sectors of activity,

    through its migrants.

    Unexpected Consequences of Land Allocation

    Without considering the effectiveness and complexity of the traditional land

    tenure system, the Phongsaly administrative services launched the land

    allocation programme in 1997. The programme was speeded up in 2000

    with the support of a project funded by the European Union (PFCRDP,

    1999). By March 2005, twenty-eight villages in the district those most

    easily accessed by the services, in close proximity to the urban centre or

    along the only road were involved. A survey in twelve of the allocatedvillages enables us to plot the major changes that land allocation implies for

    land use (see Figure 4).

    With land allocation, the size of an average family farm declined from 17

    ha to 13 ha. The surface area of a slash-and-burn field remains unchanged,

    at an average of 3 ha per family: the land reform has not had an immediate

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    effect on the reduction of shifting cultivation. New categories of land have

    emerged, such as the permanent crop area, which remains unutilized for

    lack of viable alternatives to shifting cultivation: attempts by the local

    agricultural services to introduce cash crops have, for the time being, failed

    due to their unsuitability for the environment and to ignorance of market

    constraints (Ducourtieux, 2000).

    The main change introduced by land allocation is the drastic reduction ofthe fallow areas, from an average of 21 ha per family to 7 ha. This means

    that rotations have been accelerated, with the mean fallow period dropping

    on average from twelve to six years.24 As a result, the sacrifice made by

    generations of farmers the constant emigration of the younger generation

    to preserve the forest environment could be obliterated within a very

    short time. In six years, forest re-growth is barely sufficient to limit the

    impact of reduced fallow periods on the harvests (van Keer, 2003; Kleinman

    et al., 1995). Furthermore, the fallow zone is no longer on family property:

    the forest stretch slashed each year is shared between families in proportionto the number of active workers and the number of people per family.

    Figure 4. Land Use Before and After Land Allocation in Twelve Phongsaly

    Villages

    Slash-and-burn field

    Slash-and-burn field

    Fallowsecondary forest

    in rotation

    Fallowsecondary forest

    in rotation

    Reservesold secondary forest

    temporarily out of rotation

    Protected Forestssecondary forest

    out of rotation

    BEFOREland allocation

    AFTERland allocation

    Pastures

    Permanent cropping

    12% 9%

    5%

    12%

    26%

    47%

    57%

    30%

    Source: Authors fieldwork

    24. The range across the villages in the survey was between six and sixteen years before land

    allocation, and from two to ten years afterwards.

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    Confident in the guarantee of immediate access to fallow land, families may

    no longer encourage some of the heirs to leave. With deregulated access to

    land, each person may be tempted to stay in the village, causing a sharp

    increase in population so that the zone devoted to shifting farming would nolonger be able to meet their needs. Whether this foreseeable crisis is solved

    by illegal slashing of protected forest land (if administrative control is weak)

    or by massive emigration of a large number of farmers in an unviable

    position (if land allocation regulations are respected), the land allocation

    programme is leading Phongsaly agriculture in a direction which contradicts

    the aims of the policy aims which had in fact been reached with the

    traditional land tenure system.

    In each of the three case studies and in spite of the differences between

    them the land allocation programme has proven ineffective or evencounterproductive to the political aims of poverty alleviation and environ-

    ment preservation.

    THE WIDER PICTURE

    Consequences of Reform for Other Upland Regions of Lao PDR

    In selecting the three contrasting case studies, we expected not to get astatistically representative sample, but to cover a range of situations which

    would give some insights into the likely impact of the land reform in Lao

    PDR. Does other literature confirm our findings? Studies conducted in dif-

    ferent regions of the country before the land reform rarely found any major

    land access problems for farmers. On the Bolovens Plateau, for example,

    coffee plantations spread widely in the 1990s, suggesting that traditional

    land tenure was secure enough for farmers to invest in permanent crops

    (Babin, 1999; Ducourtieux, 1994; Pelliard, 1998). Similarly in Chompeth

    district (Luang Prabang province), traditional land tenure was sufficientlysecure for farmers to cultivate paper mulberry trees and paddy fields using

    former slash-and-burn fallow land (Kousonsavath and Lematre, 1999). In

    Phongsaly district and other mountainous areas (such as Luang Phrabang,

    Oudomsay and Luang Namtha), farmers have recently begun to grow med-

    icinal cardamom, a perennial cash crop (Ducourtieux et al., forthcoming).

    Since 1994, all provinces have been affected by the reform. In July 1996,

    the first national conference on land allocation drafted an initial report,

    which stated that the land of 1,520 villages (involving 72,000 families) had

    already been divided up (Keonuchan, 2000). At the end of 2001, the corres-ponding figures were 7,390 villages and 360,000 families (MAF, 2002).

    Many international and bilateral co-operation agencies have supported the

    policy financially and technically: almost all rural development projects in

    Laos include land allocation as a strategic axis of intervention, even though

    some studies are beginning to cast doubt over the programme.

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    Studies conducted in the provinces of Luang Prabang, Oudomsay, Luang

    Namtha and Huaphanh show that land allocation is having a similar effect

    on the agrarian systems, even if the local conditions are noticeably different

    (see Aubertin, 2003; Keonuchan, 2000; Kousonsavath and Lematre, 1999;SPC, 2000; Vandergeest, 2003). In all these cases, the reduction of the

    fallow period imposed by land allocation implies increased invasion of the

    fields by weeds and thus an increase in hoeing. Villagers in Oudomsay and

    Luang Namtha have reported that weeding time has increased by 50 per

    cent since land allocation, from 100 to 160 workdays per ha per year

    (Keonuchan, 2000). Another problem is lower fertility: rice production is

    decreasing, which lengthens the period without rice for farmers who do not

    have access to wet or irrigated rice fields. Before land allocation, 50 per

    cent of families from these villages lacked rice for a few months a year;since land allocation that figure has risen to 70 per cent (ibid.). The land

    reform is thus impoverishing farmers who do not have access to other

    means of production, and leading the poorest villagers (up to 20 per cent

    of the population) to emigrate to the cities for lack of sufficient resources in

    farming (Raintree, 2001; Vandergeest, 2003). On the other hand, the

    wealthiest farmers, in more secure positions (Scott, 1976), can take the

    risk of investing in the new permanent crops and are thus able to increase

    their income.

    Land allocation accentuates inequalities in the villages, leading toincreased impoverishment of the most underprivileged farmers in direct

    opposition to the stated aim of reducing poverty. In all the cases studied,

    land allocation is related to an artificial acceleration of rotations, which

    leads to soil degradation, increased weeding (at the cost of other economic

    or social activities), reduced yields, greater agricultural risks and increased

    poverty for slash-and-burn farmers (Raintree, 2001). Furthermore, land

    allocation allows forest industries to make deals with local administrations

    to classify zones worth exploiting as production forest, while farmers are

    turned away in exchange for a symbolic compensation of 2 per cent of thevalue of the wood cut (Anon., 2000).

    Comparable Reforms in Neighbouring Countries

    China and Vietnam, whose political influence on Laos is obvious (Evans,

    1998, 2002; Stuart-Fox, 1996, 2001), have also conducted land reform

    programmes, with the land allocation in mountainous zones pursuing com-parable goals of forest preservation and elimination of slash-and-burn

    agriculture.

    Given the vastness of China, policy implementation and effects inevi-

    tably differ across the country (Sturgeon, 1999). The rural development

    of the Jinuo mountains (the independent prefecture of Xhishuangbanna,

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    Yunnan Province) can be compared to that of Laos (Shirasaka, 1995).

    A land allocation programme was conducted in the second half of the

    1990s, but it followed the development of cash crops25 which was

    initiated thirty years earlier by local agricultural services and farmers(Zaifu, 1998; Zhaohua et al., 1998). The Chinese administration were

    handing over land property titles to farmers already well established and

    in good economic situations land allocation completed the transition

    from shifting cultivation to permanent crops, rather than preceding it.

    In Vietnam, on the other hand, the 198893 programme was quite

    comparable to that developed in Laos. The negative effects are also

    similar with, in addition, increased pressure on the forest since land

    allocation facilitated Khinh agricultural migrations into forest areas

    (Jamieson et al., 1998; de Koninck, 1997; McElwee, 1999; Mellac,1998; Mellac and Rossi, 1998).

    Land allocation, which appears to offer an attractive solution to agrarian

    problems, benefits from strong foreign support; this can be seen in the

    unexpected convergence between the socialist model of production control

    of China and Vietnam (Sandewall et al., 2001), the northern European

    concept of forest exploitation, and the liberalism of the Bretton Woods

    institutions. International development banks support land reform in Laos

    within the context of establishing a land market and therefore contributing

    to liberalizing the Lao economy (ADB, 1999; Deininger, 2003; World Bank,2003). This improbable conjunction brings together both the funds and the

    political will which are needed to implement the programme on a large

    scale. Under the influence of western advisers, the notion of land ownership

    developing in Laos is leaning towards the individualization of land tenure at

    the expense of the village community (Eggertz, 1996), the former guardian

    of customary rights and internal regulations (Pravongviengkham, 1997). It

    is impossible to predict the effects of this on forest resource management in

    the medium or long term.

    The aim of reducing shifting cultivation in order to preserve the forestenvironment is important and pertinent when the population density

    exceeds sustainable levels (Fox et al., 2000; Kleinman et al., 1995;

    Sanchez and Hailu, 1996). Has this limit been reached in Laos? This is

    unclear, even in comparison with other Asian countries (see Durand, 1997;

    Forsyth, 1996; de Koninck, 1998; Vandergeest, 2003). In any case, redu-

    cing shifting cultivation must be a gradual and long-term policy that

    takes account of the diversity of local conditions and the best interests of

    the farmers (Forsyth, 1999; Fox et al., 2000; Pravongviengkham, 2000;

    Sanchez and Hailu, 1996).

    25. Cardamom at the end of the 1960s, then hevea, fruits and vegetables, as well as non-

    timber forest products.

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    CONCLUSION

    Since 1990, the government of the Lao PDR has undertaken the reform of

    land tenure policy to alleviate poverty and protect natural resources. Thehistorical background for this policy is a succession of fundamental reforms

    that have been picked up, dropped, or drastically re-oriented, like fashions

    influenced by the regional and international context, but with strong local

    uniqueness. In the Lao PDR, there is a wide gap between formal rights and

    social practices in the villages. Land laws, although seeking to serve the best

    interests of the community, contain loopholes and contradictions that make

    widely varying interpretations possible, depending on local social relation-

    ships. The effects of such laws are very diversified and often contrary to the

    aims set. Because local specificities have not been taken into account, theStates intervention is doomed to failure.

    The studies mentioned above that deal with land allocation in Laos

    support the results of our own research: the impact of the policy has been

    negative both for rural development and for environmental conservation.

    The land allocation programme adopts a static approach that does not take

    into account the historical agricultural development of Laos, nor its future

    dynamics. It offers no advantages over the traditional land tenure systems

    for reaching the ecological aims defined. Moreover, there is a real danger

    that a poorly defined or poorly applied land reform will lead to a largeproportion of farmers the poorest ones, who generally now have access

    to land being evicted from the countryside, with the risk that none of the

    countrys other economic sectors will be able to absorb them.

    Some departments of the Lao administration are becoming aware of the

    perverse effects of the policy and are reporting village complaints: the

    Committee of Planning and Co-operation26 reported the declaration by a

    Huaphanh province village chief in a report on the fight against poverty:

    before land allocation, our village was producing enough rice for the

    whole year. Now, after land allocation, we can only produce enough ricefor five months. Furthermore, with shorter fallow periods, we are encoun-

    tering problems with rats and grasshoppers (SPC, 2000). The same report

    concludes: as a priority, the implementation process of land allocation

    should be assessed and revised (SPC, 2000). The Asian Development

    Bank has also begun to reorient its support for the operation, by ques-

    tioning the quality of the programme implementation (ADB, 2001). Those

    questioning the programme are still in the minority and their voices

    are soft. But land allocation is starting to be perceived as a policy for

    eradicating shifting cultivation (NAFRI, 2001) and not as a tool to fightpoverty.

    26. This committee became part of the Ministry of Foreign Affairs in 2003.

    Land Policy and Farming Practices in Laos 521

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    Olivier Ducourtieux (INA P-G, 16 rue Claude Bernard, 75231 Paris Cedex

    05, France; [email protected]) has led rural development

    projects in Laos for eleven years. He is now preparing a PhD at the

    Paris-Grignon National Agronomics Institute (INA P-G). His researchfocuses on the impact on farming systems in Phongsaly (North Laos) of

    successive State policies aiming to eradicate shifting cultivation.

    Jean-Richard Laffort is also preparing a PhD at the INA P-G, focusing on

    agricultural changes in the south of Sayabury Province (Laos) and

    the conditions for sustainable market-oriented agriculture.

    Silinthone Sacklokham is Associate Professor at the Nabong Faculty of

    Agriculture, National University of Laos, Vientiane. After completing a

    PhD at INA-PG dealing with agrarian transformations, rural migrations

    and land issues in the Vientiane Plain (Laos), she is now building up theFacultys new Department of Rural Economics and Agribusiness and focus-

    ing her research on land issues and land use in Borikhamxay Province

    (Laos).

    526 Olivier Ducourtieux et al.