Working towards greater community control over land, forests and natural resources

Posts Tagged ‘Land Law’

Local land handovers unauthorised: Minister

Source: Vientiane Times, May 30, 2017
http://www.vientianetimes.org.la/sub-new/Current/Curr_Local.html
Community land which has been handed over by village authorities to investors should be all taken back as collective property because the actions of local authorities are against the law.
Minister of Natural Resources and Environment Mr Sommad Pholsena tabled this direction in debate at the recent session of the National Assembly (NA).
The assembly quizzed the government about the spread of village authorities giving community land to investors, individuals, companies and organisations for rent or granted in exchange for community roads or other infrastructure facilities.
“I would like to propose the National Assembly as well as Local People’s Assemblies annul the land authorisations made by village authorities,” Mr Sommad said. He referred to the Land Law, which he said gave clear stipulation on the allocation of agricultural land use rights.“The district or municipal administration is in charge of considering and approving the allocation of land use rights for agricultural land under its management to individuals and organisations to use by issuing land certificates to them,” the minister stated from article No.18 of the law.
“These land certificates are valid for three years. During this period, if land has been used in conformity with objectives and regulations, and if there is no objection or claim, or those claims have already been settled, then the individuals and organisations have the right to apply to the land management authorities at the provincial or city level for the issuance of a land title for long-term use rights,” he continued reading the stipulation in the law.
Mr Sommad also highlighted the spread of offences made against stipulations in the law regarding allocation of forest land use rights, use of land around bodies of water, and determining the scope of construction land use rights.
He promised to inspect the offences related to the responsibilities of his ministry such as the issuance of land titles. In an example, he spoke about village chiefs selling community land to private companies or individuals, who later received land titles from the ministry.
Such issuance of land titles would include cases when private companies or individuals wanted to use the land to secure investment finance, according to the minister. He asked NA members and members of provincial people’s councils to keep a close eye on these activities and inform the ministry about any related offences.

Policy makers call for recognition of inherited lands

Vientiane Times, August 25, 2016
http://www.vientianetimes.org.la/FreeContent/FreeConten_Policy.htm

No concessions without consent, working group says

Vientiane Times, 4 November 2014
The national land regulations, including the National Land Policy and Land Law must be explicit in regulating and how and when land can be expropriated and it should be only made possible for public purposes.
 The statement was one of the key messages the Land Sub-sector Working Group (LSSWG) conveyed to the National Resources and Environment Sector Working Group (NRESWG) during preparations for the upcoming Round Table Implementation Meeting to be held in Vientiane this month.
The message was disseminated at the sector working group held yesterday in Vientiane, where Deputy Minister of Natural Resources and the Environment Ms Bounkham Vorachit, Country Manager of the World Bank Ms Sally Birmingham and Ambassador of the Federal Republic of Germany to Laos Michael Grau were in attendance. The LSSWG gave the recommendation concerning the land tenure security for Lao citizens and protection of the investments made in the country.
 Land issues have been longstanding in Laos for many years, while the National Land Policy which the government has been drafting for years was not approved despite having been brought for discussion at sector working group meetings and tabled at the National Assembly on numerous occasions.
Land concessions and the compensation paid to those who lose their land were the most frequently raised land issues with the public expressing its opinion that compensation should be paid at market rates.
 As the result of its work presented at the meeting held on October 14, the land issues sub-sector working group strongly recommended that legislation must make clear that land ownership or land use rights can only be revoked with the free, prior, and informed consent of the affected land rights holders.
 However, an exemption will be made for land resumptions that directly and primarily benefit the general public and provided that the affected parties receive, full, fair, and prior compensation.In addition, this must be applied to both individually and communally held land, be it land under customary ownership or with a formal title.
 Private purpose land use transfers on communal lands shall only be implemented if agreed upon by consent of a minimum of two-thirds (but ideally 80 percent) majority of all affected land use rights holders.
 The Ministry of Natural Resources and Environment has been assigned as the government’s secretariat on natural resources and the environment and thereby oversees the NRESWG under the government round table meeting process. At the meeting yesterday, NRESWG joined with development partners to review the draft vision towards 2030 for the natural resources and environment sector and the plan for the period from 2016 to 2020 before submitting them to the round table process and incorporation into the National Socio-Economic Plan for the next five years.
Powered by WordPress | Download Free WordPress Themes | Thanks to Themes Gallery, Premium Free WordPress Themes and Free Premium WordPress Themes