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As the world was dealing with a pandemic, its repercussions were being reflected in India as well, along with an economic crisis and mass reverse migration which had significantly impacted the lives and livelihoods of people, ILDC2021 invited attention to the relevance of land security, in inclusive and sustainable development with inbuilt resilience to future shocks. Relevant, thought-provoking and disruptive enquiries, ideas, experiences and analysis were invited from individuals, institutions and partnerships. Like the previous years, ILDC2021 provided platforms for enriching and interdisciplinary conversations in form of sessions for presentations, panel discussions, round tables as well as avenues like master classes, lightning talks and focussed conclaves. 

Along with intellectual deliberations and engagement, ILDC2021, also hosted pre and post-conference events with ample scope to connect and network with inter-sectoral land actors participating from India and abroad. 

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South and South East Asia countries carry similar land tenure and land use regime, with cultural, geographic and ecological similarity. While they have attempted socialist land reform and witnessed economically liberalisation, the national political upheavals and influence of social movements have shaped their land governance process and tenure security outcomes. There remains considerable potential for cross learning to help regional cooperation and scaling up.

With an area of about 30 million km2 (20% of the earth surface) and about 800 million inhabitants, Africa is the second largest and most populous continent after Asia. Similar socio-economic, cultural and land administration contexts, colonial legacies, land use, development and investment transitions, as well as ongoing adoption of similar legal and technical pathways, make it imperative to share information and experience and engage in cross-learning conversations and explore collaborations.

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  • Video of the session
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    Geminiano Sandoval 

    ANGOC Regional Overview

    Denise Hyacinth Joy Musni ANGOC Country context and reflections, SE Asia

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    Jagat Basnet

     CSRC(Nepal) Country context and reflections, South Asia

    Moderator:

     Nathaniel Don Marquez 

    ANGOC 

    Discussant:

    Shekhar Shah

     Former NCAER Director General & World Bank Regional Economic Adviser for South Asia.

    Roni Septian KPA (Indonesia) Country context and reflections, SE Asia

    Learning event

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    Nhek Sarin

     SK (Cambodia) Country context and reflections, SE Asia

    In 2008, the United Nations endorsed the ‘Protect, Respect, and Remedy Framework’ for business and human rights. This framework unequivocally recognizes that States have the duty under international human rights law to protect everyone within their territory and/or jurisdiction from human rights abuses committed by business enterprises. The UN Framework also addresses the human rights responsibilities of businesses. Business enterprises have the responsibility to respect human rights wherever they operate and whatever their size or industry. In other words, companies must know—and show—that they respect human rights in all their operations.

    More importantly, the UN Framework clarifies that the corporate responsibility to respect human rights exists independently of the States’ ability or willingness to fulfil their duty to protect human rights. No matter the context, States and businesses retain these distinct but complementary responsibilities.

    On 16 June 2011, the United Nations Human Rights Council unanimously endorsed the UN Guiding Principles on Business and Human Rights (UNGPs), a set of guidelines that operationalize the UN Framework and further define the key duties and responsibilities of States and business enterprises with regard to business-related human rights abuses. Henceforth, the Working Group on Business and Human Rights (UNWG) was mandated by the United Nations Human Rights Council (UNHRC) to promote the effective and comprehensive implementation of the UNGP BHR. The UNWG likewise noted in its 2016 Guidance on Business and Human Rights that National Action Plans (NAPs) can be an important means to promote the implementation of the UNGP BHR (DIHR,n.d.).

    Given the increasing pressures on land due to investments, CSOs working on land rights have an important role in mainstreaming and monitoring the implementation of the UNGPs. Thus, the Land Watch Asia Working Group on Mainstreaming Land Rights as Human Rights (LWA LRHR WG) through the initiative “Defending Land Rights and Human Rights Defenders” embarked on engaging National Human Rights Institutions/Commissions (NHRIs/Cs) to mainstream UNGPs in Bangladesh, Cambodia, India, Indonesia, Nepal and the Philippines. Through the support of the International Land Coalition (ILC), six country papers were prepared and discussed in order to provide an overview of the relevance of the UNGPs in the context of land and agribusiness investments, identify challenges faced in mainstreaming the UNGP BHR, and formulate key recommendations based on the consultation processes. A regional summary of the studies was then prepared by ANGOC. This regional report was subsequently presented in an online regional workshop “Mainstreaming Land Rights in the UNGPs in Asia” jointly organized by ANGOC, LWA, ILC, Commission of Human Rights of the Philippines (CHRP), Southeast Asia National Human Rights Institution Forum (SEANF), Office of the High Commission for Human Rights in Southeast Asia (OHCHR) and UNDP’s Business and Human Rights Team in Asia (UNDP-B+HR).

    V B Rawat 

    SDF(India) Country context and reflections, South Asia

    Shah Mobbin Jinnah 

    CDA (Bangladesh) Country context and reflections, South Asia

    Presentation
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    Presentation
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    Denise Musni

     ANGOC 2020 Land and Resource Conflict Monitoring Initiative in Asia: Rationale and Background, Methodology Used, Country Experiences and Reflections

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    Many social conflicts are rooted in issues related to land and resource rights. This is a fact recognized globally, even by the UN System in the UN Secretary General Guidance Note on Land and Conflict released in 2019. In Asia, such conflicts may be traced to enduring historical injustices, inequitable access to land and resources, faulty and weak implementation of past land and resource reforms, emergent clashes between statutory and customary tenure systems, misappropriation of State domains, and the lack of regard for human rights of the disadvantaged and vulnerable sectors (Quizon, 2018). Land conflicts over time have increased in number, coverage, and intensity. While a huge portion of land and resource conflicts occur in the context of state development or corporate interest (i.e., mining, plantations, economic zones), many conflicts also occur when policies over the same parcels of land overlap or when laws are poorly implemented.

    In 2018, the Land Watch Asia Working Group on Land Rights as Human Rights (LWA WG LRHR) produced country studies on land conflicts in six countries in Asia. The goal of the initiative was to contribute towards a better understanding of land and resource conflicts that impinge on human rights, by providing evidence-based data for policy – towards the prevention and resolution of such conflicts. While the 2018 land conflict monitoring reports proved to be useful for painting a picture on land conflicts and their effects on communities and land rights defenders for informed advocacies, the use of different methodologies limited the scope for consolidation, comparison, and analysis of data at national and regional level.

    Thus, the 2020 land conflict monitoring reports have built on the 2018 monitoring initiative, by implementing a more systematic way to gather data and to report on land conflicts. Following a regional training on land conflict monitoring (Jakarta, March 2020), members of the LWA WG LRHR gathered information on land conflict and rights violations. A common monitoring methodology was piloted in the six Asian countries (Bangladesh, Cambodia, India, Indonesia, Nepal, and the Philippines), although several differences in approaches were also observed at the country level. The monitoring period has covered one calendar year (January to December 2020).

    Session Organizer:
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    Marianne Naungayan

     ANGOC Findings of the 2020 Land and Resource Conflict Monitoring, and Experiences in Implementing the Methodology in the Philippines

    Kashish Gupta

    CLRA Findings of the 2020 Land and Resource Conflict Monitoring, and Experiences in Implementing the Methodology in India

    Nathaniel Don Marquez, ANGOC Future of Land Conflict Monitoring in India: Challenges, Opportunities, Ways Forward

    Mrinali Karthick

     Land Conflict Watch

    Discussant: 

    Usha Ramnathan

     Senior Law Researcher and Human Rights Activist

    Mrinali Karthick 

    Land Conflict Watch

  • Video of  the session
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    Dr. Rikcardo Simamtara,
    University of Gadjah Mada,
    Yogyakarta, Indonesia
    Indonesia: Critical issues in communal land registration

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    Southeast Asia is one of the richest regions in terms of land, biodiversity and natural resources. However, the region’s land and biodiversity are at risk as extractive industries and lack of coherent policy and legal frameworks continue to trigger significant internal and external socio-economic-cultural stresses. The session will examine and analyse land governance in Southeast Asia with special focus on tenure security and the political economy of land-based sectors.

    It will discuss the current status of individual land holdings of smallholder farmers, who along with traditional forest dwellers, are among the poorest in the region. A rapidly urbanising Southeast Asia faces shortage of land for housing and infrastructure. Fragile tenure security causes land- related disputes and conflicts. Hence in this session, policy and civil society leaders will share experiences and lessons learned in strengthening sustainable land administration and management systems in Indonesia, Myanmar and Vietnam.

    Session Organizer:
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    U Shwe Thein 

    Executive Director, Land Core Group, Yangon
    Myanmar: How the National Land Use Policy was developed and applied in Myanmar

    Dr. Mai Van Phan

     Deputy Director General, General Director of Land Adminstration MoNRE, Government of Vietnam
    Vietnam: Land law, land rights and land reforms: Some experience from Vietnam

    Discussant:
    Dr. Trias Aditya

     University of Gadjah Mada in Yogyakarta, Indonesia

    Moderator:
    Dr. Dzung The Nguyen
    Vietnam

    Mr. Vinod Agarwal
    Former Additional Chief secretary (Land Revenue Department) Telangana State

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    Ram Prakash Singh Danuwar, Habitat for Humanity Nepal

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    Land governance and its management responsibilities are distributed among three levels of governments-Federal, Provincial and local level governments in the changed legal and governance context of Nepal with the promulgation of the current Constitution in 2015. Governments at all level are formulating required laws, acts, policies and plans related to land to realize constitutional provisions for rights to land of landless Dalits and Peasant families. But the greatest dilemmas that the policy makers seem facing on how to make land easily accessible equitably and inclusively to those whose livelihood depend on it but have no easy and adequate access. Newly endorsed Acts and Plans related to land and natural resource have partially addressed these needs. But still there are ample rooms for improving land governance situation through the effective and timely implementation of the available policy tools which will further contribute in translating peoples; aspirations of better lives and government long-term vision of prosperous Nepal, happy Nepali; into actions in this changed the political, governance and legal context of Nepal. Complexity of land-related issues in Nepal can also be seen from the pilot phase results of LANDex implementation – there is no proper documentation of land size disaggregated by tenure type, gender and ethnicity in the National Agriculture Census, Living Standard Surveys, National Population Census; and no recognition of indigenous peoples; land tenures,. According to the LANDex pilot phase results, Nepal has overall 49 score, which shows a lot of room to work in this sector. Good governance of land resources is identified as a key to opening up new avenues to achieve prosperity, equality, and justice as envisioned by the Constitution of Nepal and Sustainable Development Goals (SDGs). Given this context, CSOs in Nepal have initiated various people-led initiatives to reform the land governance in Nepal. Objectives The overarching objective of the session is to share the Nepali experience of land reform among the international community

    Session Organizer:
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    Presentation
    Video of the session 

    Dharm Raj Joshi

     National Coordinator, (LGWG) Nepal

    Jagat Deuja

     Former Expert Member, (LIRC), Nepal

    Dr. Purna Bahadur Nepali, Associate Professor, (KU SOM)

    Moderator: 

    Dr. Reshma Shrestha

    Assistant Professor, Kathmandu University, Nepal

    Discussant:

    Mr. Deepak Sanan

    IAS (Retd), former- Addl Chief Secretary, HP and former Advisor to NCAER, IIHS & CPR

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    U Shwe Thein
    Executive Director,
    Land Core Group, Yangon. Myanmar: Recognition of customary tenure in Myanmar

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    Around 45 percent of the world’s indigenous people or ethnic minorities (about 190 million people) live in the Southeast Asia-Pacific region. Forest dwellers constitute one of the region’s largest impoverished groups. Several governments in the region are now taking steps to recognize customary rights to bring about meaningful change.

    This session will highlight experiences from Myanmar and India (that share not only borders but also socio-cultural practices in community land administration) as well as processes in recording customary lands.

    It will discuss community mapping practices and alternative dispute resolution methods. Experiences in the use of FPIC principles and standards on forest rights’ recognition will also be shared. A representative from Indonesia, where customary tenure and indigenous rights dominate, will reflect on the existing policy and legal environment for recognizing customary tenure and build on the issues and opportunities highlighted by speakers from Myanmar and India.

    Session Organizer:
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    Video of the session 

    Dr. Walter Fernandes
    S.J. North Eastern Social Research Centre, India.
    India: The Status of Customary Tenure in Northeast India – Challenges ahead

    Dr. Martua Sirait
    Director, SAMDHANA, Indonesia Reflections on the thematic presentations and indigenous peoples’ land rights in Indonesia

    Saw Frankie Abreu
    Director, Tripnet

    Moderator:
    Saw Doh Wah
    Deputy Program Director,
    Land Core Group

    Discussant:
    Dr. Vincent T Darlong
    Centre for Sustainable Development Studies, MLCU, Meghalaya.

    Naw Ei Ei Min
    Director, Point

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    Dr. Bitopi Dutta

     University of Petroleum and Energy Studies,Dehradun Gender, Development, and highlanders in transition: A comparative analysis of Meghalaya in India and Chittagong Hills in Bangladesh

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    Presentation

    Southeast Asia is one of the richest regions in terms of land, biodiversity and natural resources. However, the region’s land and biodiversity are at risk as extractive industries and lack of coherent policy and legal frameworks continue to trigger significant internal and external socio-economic-cultural stresses. The session will examine and analyse land governance in Southeast Asia with special focus on tenure security and the political economy of land-based sectors.

    It will discuss the current status of individual land holdings of smallholder farmers, who along with traditional forest dwellers, are among the poorest in the region. A rapidly urbanising Southeast Asia faces shortage of land for housing and infrastructure. Fragile tenure security causes land- related disputes and conflicts. Hence in this session, policy and civil society leaders will share experiences and lessons learned in strengthening sustainable land administration and management systems in Indonesia, Myanmar and Vietnam.

    Video of the 
    session 

    Nasrin Siraj 

    Vrije Universiteit Amsterdam Gender,Development, and highlanders in transition: A comparative analysis of Meghalaya in India and Chittagong Hills in Bangladesh

    Mr. Badhon Chiran

    Caritas Mymensingh The Assistance for Land Settlement of the Adivasi (ALSA) Project: key learning and best practice for community-led, participatory land mapping initiatives

    Mr Bulbul Mankhin

     Caritas Mymensingh The Assistance for Land Settlement of the Adivasi (ALSA) Project: key learning and best practice for community-led, participatory land mapping initiatives

    Dr Oliver Scanlan

    Center for Sustainable Development, University of Liberal Arts Bangladesh Strengths and gaps of formalization programme design and implementation: a case study from Jamalpur, Bangladesh.

    Chair:

     Dr. Nivedita Haran

     IAS (Retd), former-Addl Chief Secretary, Kerala and Faculty, JNU

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    Dr Hery Santoso

     Researcher at Palm Oil Research Institute of Indonesia. Smallholder and boom-crop production: From rubber to palm oil: Lessons from Indonesia.

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    Session Organizer:

    Palm oil is used in thousands of everyday products and is the most widely consumed vegetable oil on the planet. But its usage has generated controversy, as huge areas of rainforests have been cleared to make way for palm plantations, particularly in Southeast Asia. India imports about 30 percent of its palm oil from Malaysia and 70 percent from Indonesia. India now aims to double its total area under oil palm cultivation to 650,000 hectares by 2025-26 in order to secure domestic supply. This India’s stated goal has raised concerns among both land rights activists and environmentalists.

    This session aims to examine the experiences of Southeast Asian countries to understand how oil palm has destroyed both the environment and local livelihoods, in the hope that mistakes can be identified and avoided in Indian or other contexts. Amid growing concern over palm oil plantations and their impacts on the economy, ecology, and forest and rural dwellers, this session will share experiences from Indonesia and Myanmar to create awareness on sustainability issues

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    Video of the session 

    Glenn Hunt

     Researcher at CDE in Myanmar.
    Mapping palm oil plantations in Myanmar.

    Moderator:
    Dr Iwan Gunawan

    Senior Natural Resources Specialist, World Bank office in Jakarta, Indonesia.

    Discussant:
    Mr Arun K Bansal

     former-ADG, Forest, Govt of India

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    Dr Mika Pettri-Torhonen,
    Lead Land Administration Specialist at the World Bank

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    Asia Day Partners

    The development of the Asian land tenure system has been part of a long history of struggle for land tenure reforms. Land tenure issues lie at the root of the most perplexing problems that trigger widespread poverty, inequality, and socio-economic discrimination. Recent events in different parts of Asia such as in China, the Philippines, Bangladesh, India, Vietnam, and Myanmar and the threat of upheaval in many troubled spots all combine to force our attention on land tenure and land governance problems in South and Southeast Asia. Can land tenure issues be addressed and resolved equitably and peaceably? Can they be resolved in a manner that would conform to the socio-economic-cultural traditions of differing peoples for a better life? The IDLC 2021 will focus on different challenges to land governance systems, processes and stakeholders. In addition, the COVID-19 pandemic has put land access and land governance under pressure, and both uncovered and deepened underlying problems. The impact of the global pandemic and the rapid economic decline that occurred since early 2020 play out simultaneously with on-going effects of climate change and persistent food insecurity.
    Against the above background, Day 1 of the IDLC 2021 will have eight sessions. These sessions will examine and analyse land governance in South and Southeast Asia with special focus on tenure security and the political economy of land-based sectors. It will discuss the current status of individual land holdings of smallholder farmers, who along with traditional forest dwellers, are among the poorest in the region. A rapidly urbanising Southeast Asia faces shortage of land for housing and infrastructure. Fragile tenure security causes land-related disputes and conflicts. The three sessions will examine whether climate change programmes or REDD+ could help resolve issues on forestland and customary rights. The sessions will also discuss attempts by Southeast Asian governments to modernise land and property rights and strengthen tenure security, include women and disadvantaged groups, and protect indigenous peoples’ land rights. They will also highlight the optimism and desire for change evident in recent government and civil society actions across Southeast Asia.

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    Professor Philip Hirsch 
    Emeritus Professor of Human Geography at the University of Sydney, Australia

    Dr. Nguyen Quan Tuyen
    Associate Professor of Law and Vice Chairman of the Hanoi Law University

    Moderator: 

    MS Shivakumar

    Social Activist and Researcher in Southeast and South Asia

Agenda

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Photographs
Poetry
Paintings
Artistic & Cultural expressions

Sessions

Mainstreaming Land Rights in UN Guiding Principles

Land and Resource Conflict Monitoring in Asia

Understanding Policy Legal Complexities of Land Governance

Our Advisors

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Tim Hanstad

Co founder, Landesa and CEO, Chandler Foundation, USA

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Dr. Shekhar Shah

Vice Chair, Academic Advisor Council, Indian School of Public Policy, New Delhi

Dr. Nivedita Haran

IAS (Retd), Ex-Addl Chief Secretary, Kerala and Faculty, JNU

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Mr.Avinash Mishra

Advisor Water & Land ,
NITI Aayog

Deepak Sanan

IAS (Retd), Ex- Addl Chief Secretary, HP and Ex Advisor to NCAER, IIHS & CPR

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Mr. S B Dangayach

Executive Director, CSRC Nepal

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Dr. Usha Ramnathan

Senior Law Researcher and Human Rights Activist

Executive Director, CSRC
Nepal

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Our Partners

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