G L E N N H U N TL A N D C O R E G R O U P

A S F N M E E T I N G2 J U N E , 2 0 1 5

Mapping of rotational andfallow taungya lands inChin and Shan States

Introduction to mapping

LCG attempts to pilot communal registration ofshifting cultivation in 4 villages 2 villages in Northern Shan – Laisho Tsp (CARE) 2 villages in Northern Chin – Haka Tsp (GRET)

Communal Registration under farmland law (Article6 (b)) Register shifting cultivation management committee

as an association under new 2014 association law

Objectives

Ultimate objective is to protect and preservetraditional land management systems byproviding security of tenure through legalmechanisms Undertake Process to establish a pilot case of

communal land registration title with the SLRD To use the documentation and mapping process as a

means to make recommendations for legislative /policy change to facilitate communal land titlingan recognition of customary tenure.

Steps

Document and formalize statues of Rotational andFallow Taungya Management committee

Document and formalize Internal Rules and Regulationsfor management of the uplands

Register statues with GAD and apply for registration ofmanagement committee as a community organisationunder association law

Approach SLRD to register fallow fields under acommunal title as per Article (6) The Township Farmland Management Body shall issue the Land Use

Certificate to the following persons or organization with respect to existingfarmland on the day of enforcement date of this law, …(b) If an organization; Government Department (or) Government Organization (or)Non Government Organizations (or) Company shall had been right for farming.

Assumptions

That the Association Law and Bylaws will be passed That SLRD will be willing to register the village or

shifting cultivators group as a legal entity under theAssociations Law That the State level governments would allow the

registration of shifting cultivation fallow landsdespite articles existing in the laws which effectivelyoutlaw S.C.

Constraints

Present shifting cultivation policy is to cease S.C Farmland law by-laws 116. The central farmland administrative body shall take

effective effort for the cessation of slash and burncultivation with introduction of terrace cultivation on the highland, environment conservation, preservation of watershed area ofthe forests and the top soil towards climate .

Operating under existing regulatory framework-“fallow” lands to be registered by SLRD as agriculturallands – hence excluding all forest areas.

Due to regulatory environment consultantrecommended mapping of fallow areas so as toincluded in cadastral map (Cambodian model).

In hindsight this process proved to be extremelydifficult

Results and challenges

N. Shan State Tone Kyine Village

60 HH Total shifting cultivation land area 1595 acres (645 ha)

Kyaw Tee village 54 HH Total shifting cultivation land area 1246 acres (504 ha)

N. Chin State Chung Chun village –

350 HH Total land area 24,267 acres (9,820 ha)

Tin Num village – 100 HH Total land area 36,827 acres (14 ,903 ha)

Extensive follow up required after initial mapping process Exercising forest lands and permanent lands proved to be extremely

difficult over large land areas in Chin States

Chun Cung Village• 350 HH• Village boundary based on

colonial era map from 1936• Total land area24,267 ac. (9,820 ha)• 17 mountain tracts (lopil)• Total S.C area21,265 ac. (8,605 ha)

Customary Communal LandGovernance in Chun Cung village

Decision on which lopil to open up is taken in prior year throughvillage meeting

Each lopil is subject to complex ancestral claims of privateownership which operates under the communal system. dowry at weddings, compensation when resolving disputes, gift at child naming ceremonies

Ancestral claim holders have right to choose to farm their lands inany given lopil, but only to the extent that their labour can provide

After any ancestral claims are determined, then the rest of the landsare distributed through a village lottery system.

Individual sale and rent of land is prohibited, although villageallowed to lease land to neighbouring village in exchange for pigs

Converting lopil land to permanent agricultural land (eg. terracing)must have permission from village – can be built on ancestral claims

Mapping Issues in N. Chin State

High level of complexity Complex village boundaries Boundaries based on colonial era boundary demarcations not

taking into account new realities (more neighbouring villagesetc)

Inter village conflicts over boundaries and resources

Extremely large land areas claimed No mechanism to determine “how much land is enough” Villagers ideally want to register entire lopils, but extremely

difficult to determine which areas are “fallow” and which are“forest” – in reality there is a large degree of cross over

Thoughts and questions

A system to register all communal land (including rotational fallowand forest) would be easier that trying to map fallow lands separateto forest areas.

State recognition of communal lands, with villagers able to practicetheir own internal systems of land governance.

How to ensure equitable arrangements in customary tenure systems– elite capture of land (S.Chin)?

100 year old Colonial era boundaries are no longer relevant and re-negotiation is needed. Government authority is needed to resolvevillage land boundaries and to reset village boundaries.

Participatory and inclusive approach to boundary mapping isessential to resolving boundary conflicts.

A village tract approach to mapping might help to ensure greaterequity among villages.

Is there such a thing as “too much land”? How to decide?