Poch sophorn session 4 communal land registration
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Transcript of Poch sophorn session 4 communal land registration
Communal Land Registration and Lessons Learned in Cambodia
Sophorn PochRegional Land ForumHanoi, June 21-23, 2016
Indigenous People in Cambodia
• 455 Indigenous Peoples Communities (IPCs)
• 24 different Indigenous People Groups
• Rights to land formalized in theLand Law (2001) andsub-decree
Regions containing IPC Settlements
Land Rights for Cambodia‘s Indigenous Peoples
• Five land types in the collective land title Residential Land, Reserved Land for shifting
cultivation, Farming Land, Spiritual Forest, Burial Forest
Communal/Collective Land Registration
• The collective land titling process:
Step 1: Self Identification Step 2: Legal Entity Step 2.5: Preliminary (Land Use) Mapping, development
of Internal Rules on Land Management, submission of Application, Interim Protection Measures
Step 3: Issuing the collective land title
Self Identification Process
• Declaration and Verification of Ethnic Identity• Selection of Management Committee and
preparation of list of members of the Community and Right-holders
• Recognition of Identification by Ministry of Rural Development (MRD)
Self Identification
• Stakeholders supporting this process:• Ministry of Rural Development• NGOs• Donors
• It takes between 1 and 1.5 years• The costs amount to US $ 10.000
to 20.000 usually paid by donors or NGOs
Legal Entity of IPCs
• Development of by-laws• Full community meeting• Decision to acknowledge the by-laws and committee• Prepare application for registration of the IPCs as a
legal entity• Ministry of Interior (MoI) issues a recognition as legal
entity
Legal Entity of IPCs
• Stakeholders supporting this process:• Ministry of Interior• NGOs• Donors
• It takes 1 to 1.5 years• The costs usually paid by donors
or NGOs (Step 1 and 2)
Prerequisite Steps for IPC Land Registration
• Preliminary (Land Use) Mapping• Development of Internal Rules on Land Management, • Filing application• Interim Protection Measures
Prerequisite Steps for IPC Land Registration
• Stakeholders supporting this process:• NGOs• Donors
• It takes 1 to 1.5 years to complete• The costs in average US $ 20.000 per community usually
paid by donors or NGOs• No ministry is in charge of this
Preliminary map preparation process:
Internal rule development process
Issuing of Collective Land Title
Procedures of Indigenous Community Land Registration:1. Preparation2. Field Work & Documentation 3. Public Display4. Decision on collected data5. MAFF and MOE give approval on the land parcels data6. Title Issuance
Issuing of Collective Land Title (CLT)
Issuing Collective Land Title (CLT)
• Stakeholders support this process:• Ministry of Land Management, Urban Planning and
Construction (MLMUPC)• Ministry of Agriculture, Fisheries and Forestry
(MAFF)• Ministry of Environment (MOE)
• It takes 1 to 1.5 years (without any disruption)• The costs are approximately US$ 30.000 per IPC
Results of CLT Work
• 11 IPCs received collective land titles until June 2016 while 19 other IPCs are under the process of land registration
• 49 IPCs submitted their land applications to the Provincial Land Department. 43 out of 49 IPCs accepted
• 43 IPCs received IPMs• 52 IPCs have preliminary maps
Results of CLT Work
• Capacity building for 9 NGOs to support 78 IPCs in 7 provinces in data collection, preliminary mapping development, QGIS, internal rules, and applications for land registration
• Publication of IPC manual, which describes preliminary mapping, development of internal rules, QGIS, land conflict resolution, and how to fill in titling applications
Challenges IPC Land RegistrationPre-titling:• The procedures to apply for a collective land title take
long and are complicated• Land identification of legitimate communal land eligible
for CLT remains a problem; only IPCs know their land, no witnesses
• On-going conflicts with ELC, where IPC land is partly or fully inside ELC areas. Conflict resolution is necessary before application, as only conflict-free land will be considered for titling!
Challenges IPC Land RegistrationPre-titling:• IPCs heavily depend on support from NGOs for
submission of applications• Capacity of NGOs remains limited, especially for
technical skills such as data collection on land use and digitizing of maps
• High turn-over of NGO staff due to difficult working conditions; this hampered the efficiency of trainings
• IP land is in very remote areas with difficult access and working environment
Challenges IPC Land Registration Post-titling• Land encroachment (e.g. by settlers and powerful
individuals) negatively affects available land for IPCs, their social cohesiveness and their organizational strength
• Evidence suggests limited effectiveness of the courts to enforce CLTs in favour of IPCs
• IPCs internally: limited effectiveness of internal rules, difficult to protect spiritual forests or burial forests, and reserved land
Challenges IPC Land Registration
Post-titling• IPC support after registration is not sufficient• IPC sub-decree not fully in line with the realities,
demands and capabilities of IPCs
Questions
• What will be the future of IPC land titling after GIZ LRP leaves?
• Who should take over the roles of GIZ LRP?• How to make IPC Land Registration better and
replicable?
Thank you very much for your attention