Need assessement study.lpb.oct.2009

Social Policy Ecology Research Institute Centre for Human Ecology Studies
(SPERI) in Highlands (CHESH)
CHESH Lao Programme

REPORT ON

NEEDS ASSESSMENT STUDY (NAS)
Training Workshop Approach
&
Practice in Den Xa Vang and Phon Xa Vat villages
Luang Prabang district, Luang Prabang province, Lao PDR

(October 10th to November 2 nd 2009)

Luang Prabang, November 2009

Customary Laws/Community Based Watershed Management – Luang Prabang – Laos October 10th – November 1
2nd, 2009. PAFO –CHESH-Lao development cooperation 1999 – 2009 – 2010 under ICCO – BfDW funding
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TABLE OF CONTENTS

I. Background .................................................................................................................................... 3

II. Objectives of socialization and legalization of ethnic beliefs and knowledge in forest
management and sound land use; ........................................................................................................... 4

III. Methodology of socialization and legalization of ethnic beliefs and knowledge in forest
management and sound land use ............................................................................................................. 4

IV. Context ....................................................................................................................................... 5
IV.1. Descriptions of Phon Xa Vat and Den Xa Vang village............................................................. 5
IV.2. Legal framework review .......................................................................................................... 9
IV.3. Problem analysis in Den Xa Vang and Phon Xa Vat:.............................................................. 10
1. Overlapping on land and forest use and managment..................................................................... 10
2. Shortage of cultivating land ........................................................................................................ 12
3. Shortage of drinking water and polluted water ............................................................................. 13
4. Free animal raising ..................................................................................................................... 15
5. Cross-cutting issue ...................................................................................................................... 16

V. Outcomes from NAS from October 10th – November 2nd, 2009 ................................................... 16
V.1. Identified Objectives .............................................................................................................. 16
The Overall Objective ..................................................................................................................... 16
Mid-term Objectives ....................................................................................................................... 16
Short-term objectives ...................................................................................................................... 17
V.2. Solutions for problems in Den Xa Vang and Phon Xa Vat villages .......................................... 17
1. Overlapping on land and forest use and managment..................................................................... 17
2. Shortage of cultivating land ........................................................................................................ 18
3. Shortage of drinking water and polluted water ............................................................................. 18
4. Free animal raising ..................................................................................................................... 19
5. Cross-cutting issue ...................................................................................................................... 19
V.3. Lessons learned from NAS ..................................................................................................... 20
V.4. Strategic planning 2009 - 2019 .............................................................................................. 28
Annexes .............................................................................................................................................. 30
Annex 1: Policy Review ................................................................................................................. 30
Annex 2: Visionary Analysis and Inter-Cultural Community Development Approach ...................... 33
Annex 3: Diagrams to describe steps of level A to D ....................................................................... 34
Annex 4: Conclusion by Facilitator for Level A .............................................................................. 38
Annex 5: MoU between RCSD/CEDS, PAFO’S CHESH-LAO & SPERI ........................................ 40
Annex 6: Network Action ............................................................................................................... 46
Annex 7: Questions of justice for the poor and Kho Mu’s challenges ............................................... 50
Annex 8: Detailed reports on culture, social and economics in Den Xa Vang and Phon Xa Vat ........ 56

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I. Background
Socialization and legalization of ethnic belief and knowledge with its role in improving
behavior towards forest, land, water in protected watershed forest has recently become an
important and urgently needed strategy in Mekong countries.

CHESH1 Lao, with consistent cooperation with Mong, Kho Mu, Lao Lum ethnic groups,
co-implementation of PAFO2 and financial support from ICCO3; has been practicing the
strategy of “customary laws based community development” in the three villages of
Long Lan, Xiang Da and Nam Kha in the two districts of Nam Bac and Luang Prabang of
Luang Prabang province from 1999 - 2009. This work has created valuable practical
lessons-learnt and has been recognized by officials and the populous as an effective
strategy for community development4.

CHESH has been practicing an ethnic psychological approach to maximize local
knowledge, belief and practice in harmonious behavior towards nature and the flexible
application of community customary laws for resolutions of land, forest conflicts and
forest management in the three villages of Long Lan, Xiang Da and Nam Kha. The
practical outcomes and indicators from these three villages have attracted interest from
universities5, researchers, media6, local and central officials, ethnic groups in Laos,
Vietnam and Thailand and several other social actors. There has been keen interest from
these parties in learning about this approach and its application.

Results and recommendations from the workshop7 of CHESH- PAFO – PEOPLE in Lao
are credible indicators of the importance of expanding pilots and to continue with the
socialization strategy as demonstrated by ten-years (1999 – 2009) of CHESH
development activities in Luang Prabang. Target groups are ethnic minority people living
in the Mekong watershed who are particularly vulnerable. This is especially relevant in
the context of major global environmental challenges such as climate change.

The positive outcomes of CHESH – PAFO – PEOPLE have influenced the Luang
Prabang provincial authority to suggest that CHESH Lao help support and advise them in
expanding pilot models of watershed forest management based on ethnic belief and
customary law in other areas in the province; Long Lan is a model of living curriculum,
successful indicators, positive aspiration and human behavior that we can look to for
examples of real solutions in the current context of global environmental challenges.

Globalization has deeply affected most families and communities in the region during
recent years. Modernization programs, hydropower plants and cash crop plantations for
example take away large areas of fertile agricultural land and forest from local
communities. Traditional community social institutions and cultural values are being

1
CHESH = Center for Human Ecology Study of Highlands
2
PAFO = Luang Prabang Provincial Agro-Forestry Office
3
ICCO = Interchurch for Cooperation and Development, the Netherlands
4
Please refer to CHESH Lao library for each phase of the project during 1999 - 2009
5
Suphanuvong University - Lao PDR, RCSD – Chiang Mai University – Thailand.
6
VTC – Vietnam Digital Television.
7
Workshop in Luang Prabang, April 2-3, 2009

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damaged and eroded at the same time. Villagers lose the spaces that are important to
nurture their beliefs, spiritual values, customary laws and practice of moral behavioral
norms. These are some of the tremendous challenges that are occurring now and will
continue to face these communities in the future.

CHESH – PAFO - PEOPLE set objectives and foster actions towards sustainable
livelihoods, respect and a nurturing attitude towards nature and make an effort to establish
or maintain the bio-diversity in the Mekong watershed communities where they work. It is
an integrated process as maintenance of bio-diversity also promotes a suitable
environment that nurtures traditional cultural values and vice versa. CHESH – PAFO –
PEOPLE approach, ethnic communities in Laos are in line with its priority. Mentioned
previously

II. Objectives of socialization and legalization of ethnic
beliefs and knowledge in forest management and
sound land use;
1. To establish models in the Mekong watershed, which become practical grassroots
training sites and living curriculum of forest management and sound land use based on
ethnic community beliefs and customary laws;

2. To have a network of reputable village elders and community entrepreneurs, who
maintain traditional knowledge and customary laws in land and forest management and
contribute to Farmer Field Schools - FFSs, in training future professional ecological
farmers;

3. To gather the evidence, data and theory to lobby the case for policy on forest and
land management based on community value systems in the Mekong watershed;

4. To create a network action and exchange network based on this approach as a
foundation to fight against climate change in the Mekong region.

III. Methodology of socialization and legalization of
ethnic beliefs and knowledge in forest management
and sound land use

III.1. Enrich Customary Laws in Forest and Land Use Management 2009 – 2010 (see
project proposal written by CHESH/SPERI in cooperation with BfDW) ( in two
villages of Phon Xa Vat and Den Xa Vang – expanding application based on the Long
Lan model)

III.2. Needs Assessment Study of two adjacent villages with multiple ethnicity (see
proposal of Need Assessment Study and LOU between CHESH – PAFO - PEOPLE
and BfDW be signed) ( two villages of Phon Xa Vat and Den Xa Vang – expanding
application based on the Long Lan model)

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III.2. 1. Objectives of Needs Assessment Study at Phon Xa Vat and Den Xa Vang.

1. To get an understanding of the psychology, aspiration and needs of people in
relationship to land and forest management in the two villages;
2. To research lessons-learned based on ethnic beliefs and knowledge in relationships
to land and forest management;
3. To understand difficulties, challenges, advantages and potentials in land and forest
management at the two villages;
4. To gain insight into livelihood and inter-generational security at the two villages;
5. To have a common understanding among all stakeholders and participants about
customary law in watershed forest and Land management.
6. To improve the capacity of those participating including; provincial and district
officials, CHESH Lao staff – PAFO - PEOPLE, key-elders and farmers of the two
villages in the approach to study, analyze, assess community challenges, potentials,
problems and needs.

III.2.2. Strategy of Needs Assessment Study

To update concrete practical data as a basis for a detailed activity plan and prioritized
approach in the cooperation program of CHESH/SPERI Lao and BfdW - Bread for the
world, for the one year period from 2009 – 2010 according to Section III.1. “Enriching
customary law in Forest and Land Use Management” in the two villages of Phon Xa Vat
and Den Xa Vang.

IV. Context
IV.1. Descriptions of Phon Xa Vat and Den Xa Vang village
Den Xa Vang and Phon Xa Vat locate in
the South-East of the Phu Sung top
Mountain, 30 km away from the north
of Luang Prabang City. These village
shares with other 12 villages of Mong,
Kho Mu and Lao Lum in Phu Sung
watershed area.
Den Xa Vang is home to 92 households
of Mong (25 households), Kho Mu (64
households), Lao Lum (2 households)
and one Dzao (1 household) in which
total is 549 villagers, 248 labor, 144 women labor. Total pupils
enrolment for the primary and secondary schools are 144 of
which 69 female pupils, 7 teachers, including 4 female
teachers, 32 kindergarten pupils, including 11 female pupils.
100% women and children are vaccinated yearly from the
Government program. The total land area of Den Xa Vang is
975 ha in which 1) protection forest is 115 ha; 2) restored
forest is 165 ha; 3) Reserved land is 11 ha; 4) other forest is
40.65 ha; 5) productive forest is 130 ha; 6) productive
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cultivating land is 155 ha; 7) rice-field is 20 ha; 8) industrial crop (sesame, millet, corn) is
65.13 ha; 9) teak: 49.2 ha; and 10) construction, residential land is 3 ha. Livelihoods of
the villagers heavily depend on natural resources e.g. collection of NTFPs, free animals
raising. 7% of households in the village currently lack of food from 3-5 months per year.

Phon Xa Vat is home to 84 households of Mong and Kho Mu people with 504
populations of which 240 are female. 21/84 households are Mong and 63 are Kho Mu.
There are 8 households mainly working on rice field; 43 households mainly working on
slope rotation field; 13 households mainly raising husbandry; 2 households mainly trading
and other jobs including workers for rock exploitation, and temporary construction
workers. Total pupils enrolment for the primary and secondary schools are 59. The total
land area of Phon Xa Vat is 830 ha 1) protected forest is 1 ha; 2) Reserved forest is 530
ha; 3) other forest is 46.8 ha; 4) productive forest is 40 ha; 5) productive cultivating land
is 198.24 ha; 6) rice-field is 6.33 ha8. On average, wet rice production is 2.5 tons per ha;
dry rice is 2 tons per ha. 22% of households in the village currently lack of food from 3-5
months per year.

Strengths
Despite facing a lot of challenges, Kho Mu and Mong in Den Xa Vang and Phon Xa Vat
villages maintain their specific belief in the nature, forest, land and water. Kho Mu people
believe in Phu Pha No (Heaven Bamboo Shoot Hills) natural spirits and Pha Lieng Phi Ho
(Forest for Caring for Village Spirits). Mong people worship Thu Ti, Tong Xenh,
maintain and practice their customary laws.
Community structure: While Nai Baan9 (village head) is important person for state,
administrative affair, Con Cham and Croimon are key spiritual leaders of Kho Mu people.
They are spiritual foundation for villagers, represent villagers to worship spirits for
goodness and chasing away bad things (See details: annex 7).
Clans: Main clans in the two villages compose of Tamong, Simom (a kind of bird),
T’ravai (tiger), Ta-va, Sloc (A kind of bird named Tanglo), Chan-t’re, Ta Hap (Fish trap
made of bamboo). Tamong clan is the largest in Phon Xa Vat village (33 households).
There is a clan council of 10 reputable members, who discuss and decide on essential
affair of the clan. Each clan has their own legend to interpret their totem. For instance,
T’ra-vai clan keeps taboo of touching, hunting or eating tigers. They believe that, if they
ate tiger meat, their teeth would drop out. If they touched tiger, their skin would get
disease. Ta Hap clan does not eat meat of the pig that is kept in hap (a bamboo box similar
to fish trap). Tava clan does not touch or cut Tava trees. That belief does not only make
good sense for Kho Mu belief, but is also useful for environment protection, which
nurtures Kho Mu belief.
Villagers set up Kho Mu and Mong cooperation of cow raising at a common area in Den
Xa Vang. 21 Mong and 12 Kho Mu households share that common area for raising cows.
Villagers, including Mong and Kho Mu got agreement on cattle raising practice. New
households, who want to join that common area, should contribute labour for repairing
fence. They created different signs on the cows’ ears, so that the owner can recognize

8
These data remain from land allocation program in 1999 which is not accurate to current situation
anymore. For instance, according to village report, residential and construction land area is 0.4 ha, but
practically it should be around 4 ha?
9
Nai Baan: village head, the manager of the lowest administrative level.

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exactly. This is one of the beginning cooperation between Kho Mu and Mong for
organization of production in particular and community organization as well. The village
keep two areas of animal raising, one locates at Long Lan village, serve the village’s
mostly Mong and some Kho Mu households. The other locates at Den Xa Vang area,
prominently serve Kho Mu households.
Various exchanging labour groups were set up within Mong or Kho Mu group for
seedling, harvesting rice, maize. This is traditional popular practice of the villagers. This
helps villagers dealing actively with seedling, harvesting, and also promote community
solidarity. Besides exchanging labour, some households with shortage of labour or being
unable to join exchanging labour tend to hire labour for their timely plough or harvest.
According to the receivers’ needs, they pay 20,000 kips or 4 to 5kg of rice per day. The
hired labourers take rice, and the host prepare foodstuff for lunch.
Community labour group was set up to repair such community infrastructure as pipeline,
sewerage, and to clean the village. This group is voluntarily set up and contributed by
villagers according to village needs and plan.
Pig raising areas have initially been set up in Den Xa Vang for 6 months. Villagers are
trying to transfer from free animal raising to keeping and feeding them. This requires the
whole community, especially key reputable persons, village leaders to implement,
supervise strictly, so that to change old practices successfully.
Villagers maintain rotational cultivation: cultivate rice, maize or millet for one year (or
two years on good soil), then plant teaks or let fallow for 2 years (as the saying: Xoong Pi
ham, Sam Pi Khop). Villagers still maintain local seeds as well as relevant local
knowledge and skills. Each household have 3 plots of field and practice rotational
cultivation of different crops on those fields. They prefer to cultivate rice first, and then
plant teak at the end of the process.

Weaknesses
Almost villagers do not have favourable conditions to access and understand government
land policy and laws. Most of them base on traditional perception and practices, and the
recognition of community members. This is also strength, because community can solve
overlapping things by themselves. However, villagers will face difficulties while
Government applies land law for their management, using land and solving land
problems.
Regulations which were introduced by district authorities are not well implemented by
Phon Xa Vat and Den Xa Vang villagers. This resulted from shortage of villagers’
participation in discussion, setting up and getting agreement, commitment of
implementation. Besides, different ethnic groups have not attain strong linkage, especially
in regulations of management, maintenance, reparation of water resources, cattle raising
and prevention of animal’s diseases.
Free cattle raising and increasing habit of using plastic bags negatively affect to villagers
and their surrounding environment. Most of raised livestock involve in making
environmental pollution, contaminated water resources of the villagers’ daily life. Plastic
bags are increasingly spread out villages.
Ineffective application of family planning methods causes unexpected pregnancy and
giving birth. Several short-term successive children push more pressure to each
household, especially women. They want to stop giving birth for better conditions to
ensure children’s life and education, however they do not know how to start with?

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EU project had helped to set up savings and credit fund in the two villages. This fund
stopped operation in Phon Xa Vat after one year because borrowers did not pay back
fund, so others would not want to keep membership. After on year of operation in Den Xa
Vang, (2001-2002), members appreciated activities of the group. However since second
year (2002-2003), because of not good transparent management by only one person who
dealing with accounting and treasure, so members did not want to join. The bookkeeping
of the approximately one million kip fund was transferred to village head.

Opportunities
District authorities allocated land with temporary land use certificates in 1999 and
permanent land use certificates (yellow certificates) in 2006 to households, including
residential, wet rice, garden, rotational field. Forest and cattle raising area were allocated
to villages.
Teak and oil tree species which are native species are available in local area. Suitable
plantation of those trees will make land use effective, that is also good for reforestation.
Villagers are ready for these plantations in terms of seeds and techniques. At the same
time, Luang Prabang province promotes reforestation programe which aims to cover over
65% of forests of the total land area.
Many villagers (especially elders) still maintain their skills of traditional rattan and
bamboo handicraft products. Additional, unique nature, culture nearby former capital of
Luang Prabang creates great potential to develop community eco-cultural tourism.
The two target villages are adjacent to Long Lan village, where customary laws have been
applied well for watershed management and protection, planning areas for production,
cooperation for production, livestock; good community administration: forbid wine
drinking; experiences of conflict resolution. Long Lan village is a good pilot model for
the target villagers to get study tour and exchange experiences.

Challenges
According to Instruction No. 09, physical plus calculation of small villages peoples to
ensure criteria of number of villagers and households to set up certain villages. However,
this plus calculation is unable to adapt to cultural values, beliefs, customary laws,
community linkages. Therefore, bridging between inherent Kho Mu inhabitants and new
merging Mong people could not reach good unique effects (excluding animal raising
cooperation in Den Xa Vang village).
Beside the mentioned opportunities (land allocation, local plantation, community eco-
cultural tourism), there remains huge challenges. With Yellow Land certificates,
transaction of land and changing from production land to teak plantation will be big
challenge. Practically 70% of 49.2 ha of teak have been transacted in Den Xa Vang, and
similar situation are happening in Phon Xa Vat. Community food security may become
problematic due to changing from grain production to industrial plantation.
Villagers are exposed to big threat of selling labour on their own traditional land or in
towns due to limited cultivating land. Otherwise they have to use more forest for new
grain cultivation field.
Land overlapping between traditional land of former Long Ngau, Nha Kha Luang
villagers, who remove and come back and resettlement and formal land allocation
programme for Phon Xa Vat, Den Xa Vang villagers. Villagers use increasingly
herbicide, insecticide. That will not only pollute human and animal existing environment,

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but also negatively damage image of Lao countryside, which have been known as
traditional, trusted organic cultivation. This image helped people to behave harmoniously
with the nature and people of Laos.
Many households are very difficulty to deal with supporting children to go to school
because of increasing school fees, so they cannot afford.

IV.2. Legal framework review
After American war, affected people resettle and stabilize since 1975. New government
and its unprofessional management resulted in less effect to settlement and operation of
communities. However, that created favorable condition for communities to promote their
inherent strength and wisdoms to stabilize themselves.
The Lao Government has started to resettled villages since 1976 until now. The
resettlement programme has promoted faster since 1986. During 1986 to 1995, the Lao
Government had issued a series of degrees and instructions on forest and agricultural land
management which aim: 1) to stop deforestation (deemed to result mainly from swidden
agriculture); 2) to intensify agricultural production and to improve the government
revenue base through land taxation. Private ownership of land and increased tenure
security are expected to encourage agricultural investment, intensive use of land and the
rise of a market-oriented agriculture.
The State of Laos has passed the Forest Law (No. 96/NA11) in 1996 which defines forests
into five official classification categories: 1) Production forests; 2) Conservation forests:
3) Protection Forests; 4) Regeneration Forests; and 5) Degraded Forests10 and following
1997, the State has passed the Land Law (33/PO of May 1997). In accordance with the
Land Law, the State issues Temporary Land Use Certificates (villagers’ so-called blue
certificates) to each household. TLUC is considered for three years before allocated
Permanent Land Use Certificates (PLUC) with full ownership titles (so-called Yellow
Certificates) if they have used TLUC legally, paid tax and no land dispute. A TLUC can
be withdrawn if the beneficiary does not practice on that land regularly and can not be
transferred as well. These two major laws have replaced all previous policies regarding to
forests and land since 1996.
Since 1996, the Government has taken a programme of opium eradication, moving down
high villages and merging small villages into bigger one, which aims at increasing cross-
check between different ethnic groups in a certain new resettled area and strengthening
government administration and political security of area.
In 2004, the Lao People’s Revolutionary Party Politburo has issued instruction No. 09
which aim: 1) strengthening local political system including local parties, mass-
organizations; youths and women unions, etc.; 2) security; 3) economic development; and
4) social and culture development. After issuing No. 9 instruction, the process of moving
down highland villages and then merging into lower villages has promoted faster in
Luang Prabang province as well as Lao National wide (see details: annex 1&2).
10
1) Production Forests ("Village Use Forest" at the local level): used on a regular basis for national
development requirements and for people’s livelihoods on a sustainable basis; 2) Conservation Forests:
protection and conservation of animals and plant species or other entities of cultural, tourism or scientific
value; 3) Protection Forests: protection of watershed and prevention of soil erosion and also including
areas with national security significance; 4) Regeneration Forests: young fallow prohibited for agriculture
in order to increase tree maturity and reach a natural equilibrium; 5) Degraded Forests: heavily damaged,
classified for tree planting and oral location to individuals or organizations for economic purposes in
accordance with national economic plans.

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Unfortunately, the process of Forests and Land Allocation; resettled and merged
programmes by Government bodies have created overlapping and contradictions to strong
existence of traditional customary laws, acceptance and respect on forest and land
management, practice and ownership by communities. One of main reasons was the
implementation process did not achieve sufficient learning and encouraging internal
strengths and cultural values of each ethnic groups. Several different ethnic groups are
planned compulsorily to settle in a certain new common village, so vulnerable groups
tended to move freely or come back their ancestor land to ensure livelihoods and maintain
their cultural spaces (i.e. sacred forest, trees, ancestral tombs, where their traditional
beliefs and ceremonies are nurtured). This lead to unavoidable overlapping between
traditional land and new allocated land on a certain plot of land.

IV.3. Problem analysis in Den Xa Vang and Phon Xa Vat:
Tribal people of Lao PDR have built their harmonious human – ecological life through
several generations. They attain rich culture, abundant local knowledge, which set a
foundation of the beautiful Lao country.
As mentioned above, since 1975, resettlements, merging villages, land allocation
implementation and other intervention programs have not taken well thorough study,
analysis of community in terms of psychology, beliefs, livelihoods and their other concern
such as health and education. That caused crisis of community belief, daily livelihood,
and healthcare. Resettlement and merging villages particularly resulted in land
overlapping and conflict between moving resettled villagers, who want to come back to
continue belief practice according to their customary laws and new land owners, who are
formally certified by the government.

1. Overlapping on land and forest use and managment
The government planned to merge households from Nha Kha Luang into Den Xa Vang
village and Long Ngau households into Phon Xa Vat village in 1996. However Nha Kha
Luang and Long Ngau villagers did not come to live in Den Xa Vang and Phon Xa Vat,
they then moved to live in Na Xam Phan village. After the villagers’ moving from former
villages of Nha Kha Luang and Long Ngau to Na Xam Phan, district authority allocated
Nha Kha Luang land to Den Xa Vang and Long Ngau to Phon Xa Vat in 1997.
In 1999, district authorities allocated Temporary Land Use Certificates - TLUC (so-called
blue or grey certificates) which was financed by European Union project to households in
which include new merging households in Den Xa Vang and Phon Xa Vat villages. The
new merging households who mostly belong to Mong group from Long Vai and Long Cut
moved to Phon Xa Vat and Den Xa Vang villages.
The land allocation programe faced shortage of long-term planning and reality because of
a little participation of villagers, weak involvement of villagers’ initiatives, traditional
knowledge of mapping and boundaries, traditional ownership and practices on natural
resources, particularly land and forests. Especially the role of respected elders in solving
land conflicts base on their own customary laws within community and between
neighbouring communities.
In 2006, villagers of Den Xa Vang and Phon Xa Vat villages were allocated Permanent
Land Use Certificates - PLUC (yellow certificates). This allocation basically formalize

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data, mapping, document of 1999 temporal allocation. However, out-dated document and
incorrect land certificates emerged because of changes due to continuous free resettlement
of villages, households and new reclaimed land surrounding temporary allocated land.
With PLUC, owners can transfer easily if they complete a contract and village head’s
approval. The growth of unthoughtful careless land market caused unfair, un-transparent
trading of land, and then vulnerable villagers started facing shortage of land 11. This
process went along with promotion of cash crops and marketization, so it triggered forest
clearance for new cultivating land. This situation also attracted a part of farmers to neglect
traditional organic farming to jump in industrial plantation and application of herbicides,
pesticide and new high productivity species. Those changes resulted in rapid forest, land,
water exhaustion, and environment degradation and increasing endanger of inter-
generation livelihoods.
Land conflict started to happen in 2005 between Mong formerly cultivate in Nha Kha
Luang and Long Ngau and Mong merging to live in Den Xa Vang and Phon Xa Vat
(during 1999 to 2003). The former villagers thought the land is their traditional ancestors’
heritage for their continuous practice of beliefs and worshipping ancestors. They came
back former villages to cultivate, free cattle without consent of Den Xa Vang and Phon
Xa Vat administrative managers – who were formally accepted by district authorities. The
moving households did not receive temporary brown land certificates as well as former
yellow certificates. They did not pay tax, and local authorities have no foundation to
collect tax.
The new resettled households according to Government merging village programme
received allocated land. They obtained temporary land certificates in 1999 and then
permanent land use certificates in 2006. However they could not practice cultivation since
2005, because Na Xam Phan villagers came back to interrupt. They could not pay tax to
the government because they could not cultivate.
Overlapping problem was reported by households, who are allocated land in 1999 and
leaders of Den Xa Vang and Phon Xa Vat to district authorities. District officers12 were
sent to solve problem some times, but they could not get achievement.
Solidarity, cooperation is negatively affected by between Kho Mu and Mong groups, who
resettled in Den Xa Vang, Phon Xa Vat and Mong group, who moved to Nha Kha Luang
and Long Ngau. Den Xa Vang and Phon Xa Vat villagers and former Nha Kha Luang and
Long Ngau villagers do not feel comfortable in production and practice their belief. The
government cannot implement well, effectively management of land and tax collection.
Overlapping, disputes from compulsory resettlement, merging villages of different ethnic
cultural groups, land allocation with shortage of community resolution are reasons of land

11
For instance, 20 households planting on total 49.2 ha of teak in Den Xa Vang, recently 70% of the teak
area has been sold out to outsiders. In Phon Xa Vat, there are two different streams of opinions: 1) Village
head confirm that, no one sold land, they merely sold out teak; 2) Though many Phon Xa Vat villagers and
village head of Den Xa Vang said, teak and its land had been sold to outsiders?!. Two sides of land transfer
may made informal contract without village head’s certification which do not register into village land book
according to the laws.
12
“District authorities twice invited leaders from the two villages to district administrative office and
Cadastral department on September 14th 2009, but they could not reach agreement. They had suggested to
provincial authorities, but it was not solved successfully. Phon Xa Vat villagers wanted to raise 10 cows at
Nha Kha Luang area, but villagers of former Nha Kha Luong did not agree. District Department of Agro-
forestry recommended that, let Den Xa Vang villagers to raise animals there, but Na Xam Phan villagers did
not follow. Only 5 Na Xam Phan households cultivate at their former village. However, whenever happen
conflict, they call all villagers to involve” (Mr. Som Sac, district officer)

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conflicts, especially those belonging to traditional cultural spaces, e.g. sacred forest and
cultivating land. If those problems are not timely resolved peacefully on the basis of
community solidarity and customary laws, insecurity and conflict will be able to happen
heavily in the future. If conflicts do not keep in term of land, not within separated small
cases, but become conflict of beliefs, cultural systems
of different ethnic group in a certain administration “I am a typical person for
unit in a larger scale, popular phenomena, it will disagreement against tax
possibly happen ethnic conflicts and unexpected payment and involvement in any
consequences. government activities or
In order to respond well the mentioned situation, to implement their policies. They
solve problem successfully, a pilot model moved us down, but only
development programme with inter-cultural approach offerred us one plot of field, we
in villages of Den Xa Vang and Phon Xa Vat is have not enough cultivating
highly necessary. This should aim at setting up land, so how can we survive?
methodology and recommendation for the We have suggested, but
government to consider, apply to improve their policy government officers merely
making and implementation at macro scale to solve promiss several times without
popular problems. The mentioned programme should any results” Mr. Nenh Chia,
encourage and maximize the role, reputation of Den Xa Vang village said
elders, who are key actor of traditional social
structure and customary law, which is core element of
traditional institution. That approach will release overload tasks for the government while
community’s initiatives and capacity will be enhanced for better resolutions of their own
problems in a durable, feasible and peaceful way.

2. Shortage of cultivating land
Causes
As mentioned at the above problem of “the overlapping on land and forest use and
management” which not only cause to conflict overland, but lead to shortage of
cultivating land. Therefore, resettled households and new establishing households cannot
get land for cultivation at the areas of old villages of Nha Kha Luong and Long Ngau.
Cultivating land which has been allocated permacnent land use certificats to households
is changing from grain cultivation to teak and rubber plantation13. Then land with teak
and rubber is transferred freely to outsiders. This is one of the main reasons of shortage of
cultivating land
New establishing households increasingly grow while preserved land in Den Xa Vang is
limilted Phon Xa Vat has not any preserved land for new established households.
According to Phon Xa Vat villagers, there is no more area for expanding land for
cultivation in their village. Now there is only preserved cultivating land exists at Long
Ngau and Huoi Noc watershed area. However, overlapping of land still remains as
mentioned above, so villagers cannot access land to cultivate, because grain cultivating
land at Nha Kha Luang and Long Ngau was taken by Na Xam Phan villagers for their
cattle raising. If overlapping problem is solved, villagers who lack of cultivating land in
Phon Xa Vat will be able to get enough land for grain crops.

13
Villagers confirm that, this is main cause of shortage of land for grain production.

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Consequences
Shortage of cultivating land of Den Xa Vang and Phon Xa Vat is resulted from land
overlapping14 between Phon Xa Vat and former Long Ngau; Den Xa Vang and former
Nha Kha Luang village. Recently there are 22 households in Den Xa Vang and 16
households in Phon Xa Vat facing shortage of cultivating land. They are households who
resettled to merge into new village or new establishing households. Most of them also
lack of food, unstable life and they have to sell labour to rock exploitation companies15,
rubber plantation or sell labour seasonally16 in Luang Prabang city.
Resettled households in village merging programme react explicitly to the government
agencies, who have not allocated land to them. They often refuse to pay tax and do not
involve in government programmes?
Some households have to borrow land for cultivation for some years. Some households
previously had 3 plots of field, and then sold out one plot, or some had 2 plots, sold out
one. They simply transfer yellow land certificate, but do not report and get certification of
village leaders to hide away from taxation. Therefore village leaders cannot update and
manage real situation17.
Shortage of cultivating land cause pressure to take forest for making new fields or expand
current fields.

3. Shortage of drinking water and polluted water
Drinking water system in Den Xa Vang
The first water supply was supported by EU to be built in 1996, which takes water from
Huoi Hia. Second water system was built in 2002, which takes water source from Huoi
Yen, but there is not available water. This system was supported by EU to be repaired in
2004, and takes water from Huoi Noc source.
Construction process: Village suggested in writing to district authorities for drinking
water system construction (1996-2004), then district officers were sent to check water
source. After finding out fresh water source, district officers made estimation and
suggestion for EU financial support. District officers came to discuss on responsibilities
of villagers. The project supported technically, and construction company was in charge
of design18. Villagers were responsible for making holes, cover water pipes, contribute
needed wood and contribute labour for fixing water system. After one month of
guarantee, construction company transferred the system to the village. Villagers did not
know amount of money for construction and procedure of transfering water system.
According to design, there should be three water container tanks (at the top source, middle

14
Government allocate land on Long Ngau and Nha Kha Luang to resettled households who newly merged
into Den Xa Vang, Phon Xa Vat. Because of overlapping, villagers could not cultivate.
15
About 20 to 25 households sell labour regularly sell labour to rock exploitation company in Phon Xa Vat
village.
16
Each of the villages of Den Xa Vang and Phon Xa Vạt have 10 households often work at leisured time as
construction workers at Luang Prabang city.
17
Five households moved from Huoi Noc to live in Vang Vieng. Then they sold out their land to Na Xam
Phan villagers.
18
Mr. Pheng’s company constructed in 1996; Mr. Bun Thieng’s company carried out construction during
2002-2004. Those private companies hired district technicians and local labour for the construction work.

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of the system and farmost end of the village). However they have not built the middle one
while provides reason that, water flow is strong enough, so there is no need to build this?!
Current situation: Water system built in 1996 is currently useful, but little water
provision because of small pipeline. System from Huoi Yen source built in 2002 is useless
because there is no water. Water system from Huoi Noc source operated well in three first
months, then it is always broken down, villagers have to repair every four or five days.
Because of regular water blockage, villagers turned up and exposed water pipeline on the
ground. They use a bicycle basket to cover at the top water source for filtering and reduce
blockage. Villagers have set up regulations of water management and a group of water
source conservation. According to the regulation, each households contribute 2,000 kips
per month. Villagers have discovered a violation case of unfix water pipeline for bathing,
and applied a fine of 300,000 kips against that Phon Xa Vat violator.

Dringking water system in Phon Xa Vat
EU project supported to dig wells and a hand pump in the village for the first phase in
1980. That was suitable and sufficient for such a small village with little households.
Because of big increasing population since 1999, villagers faced shortage of water, and
then they have to make suggestion to district authorities. District authorities asked EU for
support construction in 1999, then EU project transferred budget to construction company
of Mr. Phan after applying procedures, which are similar to those of Den Xa Vang. That
drinking water system was broken after one year, and villagers repaired very difficultly
because pipeline was covered more than one meter depth. During reparation, they dug and
broke the pipeline. The pipeline is so small and blocked because of lime water, so
villagers are unable to repair after several trying times. This pipeline system is unfixed
and taken back to the village.
The system consists of two water tanks, a water intake at the top water source and one
water containing tank nearby community house in the village. There were four water
providing points in the village in the first year, and then only one exists so far because of
limited amount of water.
Recently former Long Ngau villagers free their cattle and other animals at the watershed
area, that make water source polluted.

Causes
Numbers of households increase three times (Den Xa Vang only had 30 households in
1996, now there are 93 households), so water is not available for such a large population.
Villagers had a little opportunity to involve, discuss during designing and constructing
water system. The designers did not pay respect and attention to contributing ideas of
villagers. Without suitable exploration and design, water system became useless.
Protection and cleaning up at the top water source is not carried out regularly, so water is
polluted.
Watershed forest is damaged because of pressure of broadening fields for grain crops.
Water is polluted because villagers have not worked out agreement on watershed area use
and management between former Long Ngau and Phon Xa Vat villages. Villagers from
Na Xam Phan raise animals at the water source intake of Phon Xa Vat villagers.

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Free animal raising remains popularly in Den Xa Vang and Phon Xa Vat, though Den Xa
Vang villagers started to make planning and organize groups of animal raising, some
households still keep animals freely. This is one of the causes of polluted water that is
used daily for drinking, washing.
Villagers have been using herbicide and pesticide for 5 years so far.

Consequences
Water source is increasingly exhausted, so it cannot serve the whole village. Villagers,
especially women and children have to travel further and further for taking fresh water.
Water source is polluted because of damaging forest, free animal raising at watershed area
and herbicide application. Many children suffer from skin diseases because of water
source.
Phon Xa Vat villagers use water from well for drinking. Only the first water taker may
take fresh water, the next would take unclean water. This water source is not so good
quality and easily become polluted because of free animal raising.
Some children suffer from diarrhea and other digesting diseases because of drinking water
that is not boiled.

4. Free animal raising
Causes
Free animal raising is inherent practices of Den Xa Vang and Phon Xa Vat villagers.
Villagers did not have planning for pig raising. Though villagers have made planning for
raising cattle, only households with many cattle follow to keep them in the planning area.
Regulation19 of ban on free animal raising is not resulted from villagers’ discussion and
agreement, then villagers do not follow.
Some people often buy and use pigs, chicken from outside to the village.

Consequences
Animal diseases often happen. According to district veterinary officer, who join needs
assessment study, animal diseases happen every year in both Den Xa Vang and Phon Xa
Vat. That is very different from Long Lan, where pig raising area is planned, strict
regulations and supervision to prevent from importing outside food, animal seeds. Long
Lan steadily keeps out of animal diseases for a long time, excluding a disease happened in
2003.
Excrement from free animal on the one hand pollutes environment, villagers lose a source
of manure on the other hand.
Free cattle damage vegetable, crops of villagers, spread out animal diseases, it also affects
negatively to community solidarity.

19
This regulation is set up in introduced by district officers.

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5. Cross-cutting issue
‘Respecting and inheriting local knowledge and participation’
As mentioned above, tribal people of Lao PDR have built their harmonious human –
ecological life through several generations. They attain rich culture, abundant local
knowledge, which set a foundation of the beautiful Lao country.
Since 1976 almost programs that have been implemented in the two villages have paid not
or very little attention on respecting and inheriting local knowledge and participation
which including their traditional values and belief practice, all respects of local
knowledge and ways for livelihoods and daily practices. That caused to crisis of
community beliefs, daily livelihood, healthcare and damage of inherent solidarity, sharing
between different communities.
Practical indicators show that are ovelapping on land, forest and water useage; water
constructions were not maintained well, villagers do not practice ‘community
regulations’.

V. Outcomes from NAS from October 10th – November
2nd, 2009
V.1. Identified Objectives
The Overall Objective
Strengthening and sustaining the cultural identity (traditional structure, norms, beliefs and
community solidarity) and livelihood of indigenous groups (Mong and Kho Mu) in two
village, Luang Prabang district which is towards equality within and outside of indigenous
groups, particularly indigenous women in the process of self-determination of
development for Mong and Kho Mu communities in Luang Prabang.
1.

Mid-term Objectives
1. Setting up pilots on enriching customary law in NRM among Mong and Kho Mu
indigenous groups in two villages of the Phu Sung watershed area for sustainable NRM
and for lobbying, of which ensures:
 Maintaining and inheriting traditional norms, beliefs, community solidarity and
communal governance;
 Promoting and improvement of local livelihoods through enhancing local
knowledge practices in farming, herbal medicine, handicraft, non-timber forest
production collection, etc. for better jobs and income generations;
 Sustainable use and management of natural resources (i.e. watershed, protected,
productive and sacred forests, and farming) which indicate as empirical indicators
for policy research, and training on customary laws in NRM for indigenous
youths;
2. Contributing to raising public awareness (the formal system and society) for social
recognition of and lobby for legalizing advanced customary laws in NRM of indigenous
groups in Luang Prabang (i.e. Mong, Lao Lum and Kho Mu).

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Short-term objectives
Capacity of villagers in identifying and analysis their problems, implementing, using and
maintaining their own resources for livelihood security in Phon Xa Vat and Den Xa Vang
will be improved through different short-term needs:
1. To resolve overlapping on land use planning based on local knowledge and
customary laws which make sure land security to villagers in Den Xa Vang, Phon Xa Vat
as well as villagers in Na Xam Phan for their beliefs practice and daily livelihoods.
Overlapping of land between former villagers, who removed to other area, then came
back their ancestral land and new merging villagers, who formally receive land certificate;
2. To mobilising villagers to contribute knowledge, skills and resources to improve
water system in order to provide enough clean drinking water for all villagers of two
villages;
3. To strengthen women understanding capacity in birth control (unexpected
pregnancy and giving birth) by applying different suitable solutions, especially for Kho
Mu women;
4. To improve knowledge, skills and effective in farming, animal raising, village
sanitation relating to free animal raising and toilets through study tours, training,
exchanging on husbandry, veterinary, and prevention of livestock diseases.

V.2. Solutions for problems in Den Xa Vang and Phon Xa Vat
villages
1. Overlapping on land and forest use and managment
According to ‘Thao Ke20’, the most important
foundation is looking back history of sharing
‘Even national border
harmonious, friendly life of people, and basing on
customary laws of Mong and Kho Mu. We cannot disputes between Laos and
solve things through only legal justification while Vietnam; Laos and Thailand are
our feelings are not so good towards each other.
resolved, it is reasonable to solve
Thao Ke also questioned that, why do parents
generation spend time for quarrel, while their such a little conflicts between
children like each other? We should solve those communities sharing similar
overlapping internally and friendly. This should culture within Laos’ - Elder Ly
base on community customary laws and the role of
Thao Ke. Thao Ke suggested that: Pao – leader of Luang Prabang
Mong association.
1. Meeting between Thao Ke should be held in
communities containing conflict and their
surrounding communities, especially Thao Ke of Long Lan village to get reasonable
advice and assistance. After this meeting, we will recognize what steps should be next.
Thao Ke suggested Mr. Li Pao to coordinate and organize meeting between Thao Ke, so
that to settle overlapping problems. We hope that, with solutions, that base on peaceful
sharing, customary laws, and people will solve out conflict and maintain, develop inherent

20
Thao Ke is an elder who is reputable, knowledgeable persons in community.

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solidarity, sharing within and between communities. Reputable, influencing persons21
from district should be invited.
2. Then we will invite district authorities to certify our agreement.
3. This will become practical pilot model for sharing experiences, lesson learnt of how
to solve overlapping problem for younger generations.
4. Set up regulations of land, water and forest use, management base on customary laws
of Mong and Kho Mu. Those regulations should not only introduce within a certain
village, but also to surrounding communities22.
5. Suggest relevant agencies to review land area in overlapping villages, then consider
justifying border, to meet both requirement community ownership and legal land
allocation in Den Xa Vang, Phon Xa Vat villages as well as Na Xam Phan village. This
review and justify process should involve community representatives. Village
representatives and district authorities should discuss to get suitable mechanism of land
use and management for overlapping areas.

2. Shortage of cultivating land
1. Suggest to district authorities to check land areas and reallocate land to the landless;
2. Set up regulations, that forbid transferring land to outsiders, and restricts changing
from food tree cultivation to such industrial plants as rubber and teak.
3. Find suitable cultivating way on current land situation, that does not depend on
industrial plantation;
4. Set up regulations of forest protection, management base on customary laws and redo
land planning;
5. Solve out completely land overlapping with former Long Ngau and Nha Kha Luang
base on Mong and Kho Mu customary laws (see detailed solutions in above section).

3. Shortage of drinking water and polluted water
Den Xa Vang
1. Encourage contribution of labour, skills, money to upgrade existing water system.
2. Set up regulations of water system use, protection, management, collecting fee for
managing and repairing the system, especially watershed area and water intake. The
regulations should be introduced in community of Den Xa Vang, Phon Xa Vat and
watershed areas.
3. Provide training on skills, techniques relating to maintenance and reparation of water
system.

21
For instance, Mr. Xay Vu, Xay Ly in Na Xam Phan village.
22
Mr. Januly from Long Lan village said: Long Lan used to overlap land with Ca Xia village. Though we
had discussed in district Agro-forestry department, but we could not come up an agreement. Then Long Lan
set up regulations, but we could not implement well in the first year. Then some Ca Xia animals lost, we
inform Ca Xia villagers to list number of their raising animals and exact location of their animals. If they
failed to do this, we would not take responsibility for their losing animals. This is actually the way to apply
regulations of Long Lan.

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Phon Xa Vat
1. Solve land overlapping and set up regulations on animal raising at watershed area of
former Long Ngau village (see above solution in section 1).
2. Encourage contribution of labour, skills, money to upgrade existing water system.
3. Set up regulations of water system use, protection, management, collecting fee for
managing and repairing the system, especially watershed area and water intake. The
regulations should be introduced in community of Phon Xa Vat, Long Ngau where
contain and water intake.
4. Invite technicians to assist fixing water system to the village. Provide training on
techniques, skills for maintenance and reparation of water system.

4. Free animal raising
1. Study tour to common animal raising pilot model of Long Lan village and exchange
experiences of setting up and implementing animal raising regulations;
2. All villagers discuss and agree on planning of village animal raising areas, or interest
group, or common animal raising of groups of households as Den Xa Vang model.
3. Villagers involve in discussion, agreement, setting up and implementing regulations of
animal raising, supervision and prevention from animal diseases. The regulations should
be introduced in community of Phon Xa Vat, Den Xa Vang and traders, who take animals
in and out of the villages.
4. Exchange experiences, training on prevention and treatment for popular animal
diseases, especially encourage traditional methods and application of local herbal
medicine.

5. Cross-cutting issue
1. Strengthening the understanding and capacity for key villagers of Den Xa Vang and
Phon Xa Vat through study tours for villagers to Long Lan, Xiang Da, Nam Kha villages,
which had coped with similar problem and successfully solved. This will help Kho Mu to
recognize why they have to sell labour, sell land to afford their children’s education? Why
is land so essential to Kho Mu community? How are cultural values meaningful to forest
and vice versus? Then they will not sell land to anyone else, because if one sold out land,
she or he would sell out their own values.
2. Inherit community spirits to reorganize community organizations to promote the role
of elders. Redo community land planning and redo land allocation for landless villagers
which is based on integrated between traditional customary laws and government policies.
Cooperate with key-farmers from Long Lan, Xiang Da, Nam Kha villages for assisting
development process of Den Xa Vang and Phon Xa Vat villages.
3. Set up regulations protection, use and management of land, forest, water resource,
sanitation base on community customary laws for community self-management, which is
similar to Long Lan lesson.
4. Expending lessons learned which are based on Long Lan village and the network of
Mong (so-called Mong association in Luang Prabang) to Kho Mu group in two villages as
well as their surrounding villages;

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5. Community regulations will not only be shared, discussed and introduced among each
village, but also be shared and informed to surrounding villages;
6. Integrate and socialize community customary laws in natural resource management,
cultural conservation and development for stronger village and inter-villages in a stable,
self-sufficient, sustainable life.

V.3. Lessons learned from NAS23
To achieve the expected outputs from III.2.3.1 and III.2.3.224 in workshop of “customary
based community development” platform, facilitator guided the process through five
levels of activities A-D (see annex 3).

LEVEL A. Sharing with participants from other regions the concepts and contextual
understanding of local cultural based community development and natural resource
management.

Step A1. There were two days (Oct, 10/11) of
participatory learning involving SPERI/CHESH
Lao juniors, K1A students, volunteers, seniors,
experts and local authorities through role play
activities and group discussion.

Following this were two days (Oct, 12/13) of larger
training workshops. Participants included three
teachers from the Forestry and Agricultural
department of Suphanouvoong University, high ranking Luang Prabang province officials
from the communist party office, officials from the Cultural department, Forestry and
Agricultural department, Investment department, important leaders of Lao Lum, Kho Mu
and Mong, key farmers and elders from the villages
Xiang Da, Nam Kha and Long Lan, those from the
two new target villages of Den Xa Vang and Phon
Xa Vat and staff and students of SPERI / CHESH.
(Participants have been mentioned previously in the
document)

Five key issues were raised for discussion: 1)
Cultural Identity, 2) Forest – Land and Water, 3)
Livelihood, 4) Health and Happiness and 5) Industrialization. Participants were divided
into groups, one group for each issue, they voluntarily chose what issue they would like to
discuss and debate.

After people had chosen their groups, we found that no one wanted to concern themselves
with the key issue of Health and Happiness! This outcome perhaps reflects that currently

23
NAS = Need Assessment Study
24
III.2.31. To have a detailed image of the cultural socio-economic and healthcare situation of the communities in the
two target villages;
III.2.3.2. To understand challenges, problems, opportunities, potentials for development of the two villages in creation
of a foundation for socialization and legalization of ethnic knowledge and belief in land and forest management in the
two villages;

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in Luang Prabang, people, farmers, academics, authorities and NGOs are all feeling
satisfied!

So we went ahead in discussion and debate of four key issues: 1) Cultural Identity 2)
Forest – Land and Water; 3) Livelihood; 4) Industrialization.

Step A2. Recognition and learning about key issues by group discussion and critical
debate inside the group:

Group 1) Cultural Identity; Participants included
elders, women from the village, officials from the
Cultural department and one culturist from Vietnam.

Group 2) Forest – Land and water; participants
included local authorities and two teachers from the
university.

Group 3) Livelihood; participants included those from
former Xiang Da, Nam Kha, Long Lan and farmers from the two new project village’s of
Den Xa Vang and Phon Xa Vat.

Group 4) Industrialization; participants included authorities,
volunteers and experts from Vietnam - to share the challenges,
threats and lesson learned including social and environmental
problems as results of industrialization in Vietnam.

After 7 hours of discussion and debate, the 4 groups presented
their results in plenary in the morning of day two.

Step A3. Plenary free debate and question time, group
presentation, finding common problems and solutions.

Lesson learned from plenary debates:
Declaration A3.1.

Cultural identity is interdependent with Forest – Land – Water which surrounds and
supports the livelihoods of people. Without Forest – Land - Water, livelihoods,
particularly farmers who are living in mountainous areas could not survive and Cultural
identity would be eroded!

Solutions A3.1:
1. Preserve Forest – Land – Water carefully in order to maintain livelihood and cultural
identity and diversity;
2. Re-allocate Forest – Land - Water using approaches that are participatory and
transparent.

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3. Give space25 for farmers to maintain their own ethnic knowledge and customary law
in; nurturing forest, farming practice, herbal medicine practice, reinvigorating handicrafts
for women and the practice of spiritual beliefs. Create opportunities for exchange to open
up the possibility of the recognition by others of the value of ethnic knowledge and belief.

Declaration A 3. 2.

Forest – Land – Water at the current moment are facing many challenges including:
shifting cultivation, replacement by rubber plantation, free market influences – the poor
are selling land to the rich – for example – Chinese – American - rich businessmen! With
such influences local people lack land for rice cultivation; threatening their basic
survival. Cultural degradation and deforestation are also prevalent in this situation.

Solutions A.3.2:
1. Calls for educational exchange tours of industry centers in neighboring countries for
high ranking officials and local authorities to raise awareness of the dangers and issues in
exploiting primary natural resources for industrialization and modernization as a State
strategy and state policy lead land market between skillful buyer and poor farmer;
2. Capacity building for state specialized officers and teachers in University26 in order
to change the prevalent attitude of applying one way top down decision making and
planning without feedback from the bottom up through dialogue, debate and consultation;
3. Intensive learning and exchanging in order to again deeper of different cultural value
for further approach and decision making for one year pilot of new coming two villages;
4. Interaction and networking with key farmers and elders of Xiang Da, Nam Kha and
Long Lan27 to exchange solutions and train trainers.

Declaration A3.3
Be careful with big projects such as mining, hydropower and commercial plantations,
large operations have the potential to go wrong and destroy the environment, culture,
livelihoods and values. We must understand who gains and who loses from these big
projects.

Solution A3.3:
1. Opportunities for high-ranking Lao officials to
understand current impacts and issues of
industrialization. The need to share the real benefits of
industrialization between companies – people – the
environmental and cultural aspect?!
2. Identification of environmental and cultural issues
surrounding big industrialization projects and clarify these issues clearly and transparently
with participation from the community as part of the decision making process.

25
Need to monitoring and re-evaluation almost Land and Forest’s overlap situation which raised by free migration
before the war, topdown migration after the war without state professional master planning and bottom participation of
people?!
26
Said: “We should not allocate land and forest to the farmer as they are backward and it is easy for them to sell that
land to the outsider” – In the afternoon of October 14th, 2009
27
Key farmer and elders from Xiang Da – Nam Kha – Long Lan in coming three years will be “development worker”
who coordinate and facilitate the new program in Den Xa Vang and Phon Xa Vat Phon Xa Vat

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LEVEL B. Xiang Da, Nam Kha and Long Lan key farmers, elders together with
members from the new villages of Den Xa Vang and Phon Xa Vat sat together in
order to continue to review the previous two days of workshop and reflect. (October
13 PM, 2009)

Lesson learned from the talk:

Step B 1.:
Members of the two new villages revealed and reflected that there were gaps between
them and other participants in the workshop; they are lacking land for farming, lacking
opportunities to understand the outside world and suffering from hunger. They were
unconfident in raising issues concerning their own suffering livelihood.

Solution B.1.
A selection of participants went on a field trip for
two days to Long Lan (Oct 14th – 15th) for
observation of real solutions and to listen to the
elders and key farmers explain their development
and conservation process from 1999 – 2009. From
outcomes of the previous two days we clarified that
there are 7 topics to explore at the village, as bellow:
Topic 1: Herbal medicinal forest – Herbal
knowledge and Herbal spirit, lesson learned in Long
Lan.
Topic 2: No Song ceremony in relationship to traditional Mong social economic, political
civil society structure and forest management in Long Lan.
Topic 3: ‘Tong Xenh’ religion and the conservation of biological and cultural diversity.
Topic 4: Traditional methods of setting up and maintaining interest groups for; animal
husbandry, handicrafts, water resource management, road maintenance and vegetable
cultivation and marketing.
Topic 5: Application of traditional knowledge in Land use planning.
Topic 6: Conflict resolution inside and outside the community.
Topic 7: How to become a new member of the village.

Step B. 2.
Elders addressed each of the 7 topics for everyone involved, outlining the main points
involved in each with discussion and questions raised from other participants. Open
debate one day and one day field transect cutting observation between farmer – elders of
Long Lan, Xiang Da, Nam Kha, Den Xa Vang and Phon Xa Vat (October 14 – 15, 2009)
Solution B. 2.
1. Opening talk from Elder Cho Sy Yang: A prestigious
elder and official of Luang Prabang district. Thirty minutes
given for introductions of all participants with a short
outline of their reason for participation;

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2. During most of the day of the 14th October, elder and advisor Xay Khu Yang shared
his experience and understanding of the above 7 topics and
included a talk on the historical background of Long Lan;
3. In the morning of the 15th of October we continued to
share and exchange views about the above topics, with the
participation of two more village elders, some advanced
farmers and more women;
4. In the afternoon of the 15th, we divided into two groups:
1) CHESH Laos and SPERI staff and two representatives
from each village; who were to go to the garden up on the top of the mountain to learn
about vegetable growing, cow raising and lemon grass. 2) Elders, some advanced farmers
and facilitators with key prestigious elder Mr Xay Khu Yang sat together in order to
listen and learn from the two new project villages.
There are one key challenge and three difficulties of the two
new villages that were outlined from the two day
exchanging – debate and field observation as the following:
A key and the most urgent challenge is conflicts over
farming land between Kho Mu of both Den Xa Vang and
Phon Xa Vat with Mong who were resettled 20km away in
199928 but have since come back to practice on their
traditional lands which are now in the territory of the two
new project villages;
Three difficulties: 1) Cleaning water for drinking; 2) Spaces for livestock husbandry; 3)
lacking basic survival for children to go to school;
After discussion, all elders including Xay Khu Yang and advanced farmers, together
swore to be involved in further hand in hand NETWORK ACTION.

Step B.3.
There was an overview before continuing on to visit the next two villages. Divided in to
three groups: 1) Cultural identity and livelihood; 2) Cultural and Land Use for farming;
3) Cultural and Land ownership situation - (see detail fields
groups information founded – October 16 – 17, 2009)

Solutions B.3.1:
1. Plenary meeting to overview social – economic, cultural
and livelihood factors by key village leaders and farmers in
both Den Xa Vang and Phon Xa Vat;
2. Mapping of the village, transect diagram analysis in both
village;
3. Individual interviews and group checking and whole village meeting in both two
village;

28
Resettlement without participation and consultation from farmers, especially push two different identities Kho Mu
and Mong living in one community – top down to Mong psychological heart, then Mong moving to another place near
by Nam Kham road 20 km away

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4. Women’s meetings to raise issues from their perspective, on the evening of 16th in
Den Xa Vang and on the 17th in Phon Xa Vat.
5. Youth meeting for open debate among girls and boy in order to observe their own
psychology and their dreaming for their own future?!

Key findings from B.3.1:
B.3.1. a. Due to two challenges29 (stated below) which
interact at the macro policy level we recognized the
need for Visionary Planning and case study research
on “Land policy and resettlements of Mong and Kho
Mu in Northern Lao PDR since 1975 - 1996 - 1999 –
2004 – 2006” :
1. Lacking of Land for livelihood farming from
Overlap of farming land of those who have resettled
“bureaucratic resettlement 1975, combination in 1996, land allocation 1999 and mixed
identity 2004, so called community development policies since 1975 – 1996 – 1999 –
2004 - 2006” without participation and transparent master land use planning and
administrative management system;
2. Conflict over land for livelihood since 2005 between Kho Mu and Mong in both
villages due to the bureaucratic resettlement 1999 and market lead land 2006;

B.3.1.b. Due to two issues30 (stated below) we recognized the need for strategic planning
for a good resolution, which needs the coordinated involvement of a diversity of
stakeholders.
1. Farmers in both villages have been using herbicides since 2005 up
until now without any monitoring or control from the local authority;
2. The villagers are selling land for their children to go to school
without consultancy or advice from the local authority.

B.3.1.c. Four urgent basic issues present the need for action planning
to provide basic conditions for survival in the two villages
1. Tourist companies entered and creating conflict31
between villagers;
2. Family planning32 is a big issue as women can
buy birth control medicine at any local shops nearby
without any control or instruction from local
governmental health care;
3. Three different sanitation projects overlapped
each other (EU, State and Korean donor) there was

29
This challenge was not addressed by Phon Xa Vat and Den Xa Vang during open shared at Long Lan discussion?!
30
Den Xa Vang and Phon Xa Vat using herbicides since 2005 and selling land for children can go to school are also
did not honestly shared at Long Lan discussion?!
31
Worse impact from tourist companies and inducing conflict between villagers was not mention openly at Long Lan
discussion
32
Family planning, overlapped between EU – Korean and State in water drinking system also did not honestly
addressed at Long Lan open discussion

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little participation from or consultancy with the villages. As a result of this insensitivity to
the villagers the systems fell into misused and caused villagers to feel mistrustful.
4. Short-term urgent needs are to provide the two villages with a clean drinking water
system and a clinic in their own condition

Step B.4.
We returned to the two villages for further interviewing, re-examination of cross cutting
issues and plenary village meetings, to get feedback from the villagers and check
accuracy and confirm all key findings. We also signed up advanced farmers and youth to
participate in future training workshops. October 24th, 2009

Solution B.4.
1. We divided in two groups, one for each village in
order to present our key findings and receive feedback
from the villagers and pose further questions.
2. There was the objective to gain more information on
challenges, conflicts an key factors related to the 7 key
topics ?which they have been mentioned since 1975 up
until now, with the details of how and why they occurred
and who were the key actors involved.

Some of the questions that we saw as important are as follows:
 What solutions would the farmers propose if they
had the conditions, resources and opportunity to
solve by themselves the issues that have been
identified?
 How will the experienced elders and key farmers
from Long Lan village involve in future
networking actions and solutions related to the key topics?
 How can Kho Mu elders and key Farmers in Nam Kha village share in problems
solving with the two new villages?
 How can CHESH Lao and local Luang Prabang district and province officials
provide legal and methodological support?
 How can we share with BfDW about these 7 key topics;
 How can Suphanuvoong University enter into these issues with new research
programs relating to policy analysis and create urgently needed new teaching
topics concerning cultural identity and natural resource management for the Luang
Prabang region?.
 How can we share and exchange with other NGOs in Lao about lessons learned in
relationship to the issues that were identified at the two villages. How have they
been working with issues that require long term solutions? (This section has been
framed as questions for villagers, a few of these questions sound like questions for
us, revise framing?)

contribution

Step B. 5.
Information analysis, interpretation and processing, after two weeks of involvement with
“Community based watershed management” at CHESH Lao office during October 25,
26th,27th and 28 th 2009

Solution B. 5
1. Each group summarized the details of the information gathered and the lessons
learned during past two weeks;
2. Plenary presentations at CHESH with Lao staff and Mr. Phon Thip a coordinator of
PAFO;
3. Problem tree diagram analysis carried out to find appropriate solutions.
4. Synthesis of group output into a visionary master plan to meet upcoming challenges.
Creation of an action plan for further meetings with elders, key farmers and newer
villages corresponding with LEVEL C?!

LEVEL C.
Connecting Elders, village leaders and advanced farmers from Den Xa Vang and Phon
Xa Vat to those from Nam Kha, Xiang Da, Long Lan, representatives of the Mong
association and Luang Prabang district officials for a training workshop and
consultancy; to give feedback, reflect and offer solutions on the difficult issues that face
the two villages. October 30th - 31st, 2009

Solution C.
1. Reflect on the Key findings and concerned raised from last two week assessments
study in two villages in plenary presentation and work on problem trees with open debate
and critical analysis;
2. Divided two village in two groups discussion for “participatory awareness raising and
capacity building by open sharing and debate on the key findings and problem trees
analysis”;
3. Plenary presentation of outcomes and get feedback from the participants in half AM
October 31st;
4. After tea break, divided in to two groups: 1) Group one involved of Key Elders and
dynamic farmer in order to deepen gaining and understanding above key finding and
causes, consequences trees analysis; 2) Group second involved of selected advanced
villagers, women, youths and village leaders who has been involved from the beginning
of October 11th of the Need Assessments Study period, they continue to discuss another
three identified problems, causes, consequences trees;
5. A plenary discussion and debate in order to across confirmation of the whole
problems, causes, consequences trees analysis and solutions for further steps in order to
finalize a master planning of action in one year pilot;
6. Participatory selection of key farmer, elders and dynamic person who are involving in
the further strategic approach for one year pilot schedule;
7. Meeting amongst elders, selected experienced farmers, dynamic women, youth in
order to get to know for further network action;

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8. Administrative and logistic such list full names and address, take portraits and record
telephone of those for later communication and contact;
9. Make arrangements for a meeting with participant who are teachers from
Suphanouvoong University and Luang Prabang provincial and district officials including
Mong association representatives for presentation of findings from the two weeks of
assessment study – suggested November 2nd, 2009.

LEVEL D.
Involve Teachers from Suphanouvong University, officials from Luang Prabang
district and provincial level and Mong association representatives in a plenary
meeting with key farmers and elders from expand network, suggested in November
2 nd, 2009.

Solution D.
Identify and prioritize long term challenges with visionary planning and gain support from
PAFO, the Mong association, CHESH Lao, BfDW, Suphanouvoong University and
RCSD from Social science faculty, Chiang Mai University.

Conclusion by Facilitator (see details: annex 4).

Outcome indicators
1. A key findings problems, causes, consequences and solutions be recognized by two
villages, key farmer network, PAFO, CHESH Lao, and Mong association
representative;
2. A Memorandum of Understanding between SPERI/CHESH Lao - PAFO – and RCSD1
(see details: annex 5);
3. A listed 10 Kho Mu youth from Den Xa Vang, Phon Xa Vat and Nam Kha with their
personnel file under committed and supported of parent and legal support in the filing
system of PAFO and CHESH Lao office;
4. An Advisory council of reputable elders, representative of Mong association, dynamic
farmers be selected in cooperated with PAFO – CHESH Lao for further action (see
details: annex 6);
5. A coordinator’s group be established for network action in further schedule (see
details: annex 6);
6. Community based/customary law based natural resource management concept be
recognized and valued by almost participants after almost 23 days started October 10th
to November 2nd, 2009 of Need Assessments Study.

V.4. Strategic planning 2009 - 2019
1. Strengthening & enriching customary law based watershed management to meet
values (traditional cultural identities) crisis and land use planning questions (security
farming system for livelihood of the poor)?!
2. Upgrading & documenting experiences and lesson learned in to curriculum for
learning and teaching at FFSs (household – community – regional levels) to meet
grassroots’ traditional education system of the poor?!

contribution

3. Professionalizing concept – definitions and approaches in to publication for sharing
and exchanging to meet globalization’s dominant?! (Traditional healthy and happiness of
the poor)?!
4. “Scientific Council” in order to supervise for 10 year planning to meet weakness of
SPERI during working approach?! (to avoid any mistakes during working approaches)?!
5. Contribute to grassroots’ PArticipation Share responsibility for Transparent and
Equality – PASTE in Mekong region.

contribution

Annexes
Annex 1: Policy Review
Time Policy and Events
Before 1975 Shifting cultivation:
- People used to practice shifting cultivation according to their own
ethnic customs and practices;
- Most of people had to move around because of war. Management,
use and practice of land based on customary laws of each ethnic
groups.
1975-1976 Stabilization after war:
- Lao Government formally managed after war;
- Started resettlement activities;
- People self-decided on location of village settlement of different
ethnic groups (Mong, Kho Mu, Lao Lum, etc. )

1985 - 1995 Start renovation, transforming from planning to market economy:
- 1989: Series of policies on resource management, especially
focusing on limitation of shifting cultivation.
- Resettlement without participation and opinion contribution from
people.
- Gave up communal administrative level. District level took
direct management of village;
- Opium eradication (basically at Mong ethnic group). EU projects
and others supported people to give up opium, including 1) land
and forest allocation to villages and households; 2) drinking water;
- Customary laws in land and resource management were not
formally approved by Lao Government. Allocation of cultivating
and wet rice land in Den Xa Vang and Phon Xa Vat villages
basically relied on villagers’ report of their traditional cultivating
land (temporary allocation in 1999). Formal land allocation (with
yellow land certificate33) was carried out in 2006.
1996 Merging villages (small villages merged into bigger village; higher
villages merged into downward villages).
- Forestry law was passed in 1996 and Land Law in 1997. Those two
laws replaced all related former laws and regulations regarding to
land and forest;
- No participation and opinion contribution from people;

33
Owner of yellow land certificate obtain the following rights: land protection right; land use right; land
usufruct right; right to transfer to the right, land use right inheritance – according to Article 53 of Land law.

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- Opium eradication;
- Overlapping of border (in term of ownership perception and
practices) between traditional existence and state policies of land
and resource use and management. Though government allocated
to households and individuals, but many among them could not
practice their rights because the allocated land belonged to other
traditional owners. This lead to complicated conflicts: 1) traditional
owner continue their practice of land using for the reason of inherit
of their ancestor land. Practically people accept this de facto status;
2) People with government allocated land got formal land
certificate. However, those formal allocations cannot work in
practice because of old traditional land user and community
consent. Households with formal allocated land often send
recommendation to village and district authorities for resolution.
However, land overlapping still exists.
1999 - Temporary land allocation to households and villagers. People
reported their land using area to district cadastre, then district
authority granted land certificate base on the villager’s report.
Practically villagers did not report, or report their land area less
than actual use because they could not afford tax34?!
- Objective of land and forest allocation:
o Management;
o Tax collection.
2004 - Instruction No 09 of Lao Revolutionary People Party dated June 8,
2004 on building up village and developing group of villages,
which contain the following main contents:
o 1) Strong political system (having Party branch, strong
administration, Fatherland Front, youth union, women
union and village reconciliation body;
o 2) Defence and security;
o 3) Economy;
o 4) Socio-culture;
Village merging process physically calculates number of
households and villagers35 to ensure sufficient number households

34
Household without reporting land were not granted temporary land certificate in 1999 and formal yellow
land certificate in 2006. So, they have no rights to transfer, mortgage according to Lao laws. They often
transfer inside community (if transfer happen). Whoever did not report would not pay tax to Government
because there was no base for tax calculation and collection. The question is still not answered clearly that,
is it true that, no transfer land to outsiders if there is no formal yellow land certificates?!
35
According to Instruction 09, a village should have at least 200 villagers in highland; 500 villagers in low
land; and 1,000 inhabitants in cities.

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of a new merging big village. Different ethnic groups (Mong and
Kho Mu) merged into one village, but they did not ready integrate
in terms of culture, social relation and production organization. The
new resettlement communities do not have spaces for practicing
their beliefs, daily habits in the new merging village. It turned out
that, Lao Government’s objective of cultural identity maintain and
development was unable to interpret and achieve in reality.
Communities, villages cannot keep and promote their inherent
effective self-management system, which links closely to their
cultural identity values and daily practices.
- Moving and merging villages resulted in compulsory resettlement
or free resettlement without planning, so the government cannot
control situation.
- Restriction of slash and burn fields.
2006 - Formal land allocation to households’ base on temporary land
allocation result of 1999. Formal allocated land area (in yellow
certificate) is popularly smaller than actual using area.
2009 Unstable livelihood of local people in terms of:
- Land
- Belief and cultural identity
- Environment
- Daily practices
- Rights?
- Formation of land market.

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Annex 2: Visionary Analysis and Inter-Cultural Community
Development Approach

contribution

Need assessement study.lpb.oct.2009

Need assessement study.lpb.oct.2009

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Need assessement study.lpb.oct.2009