“
The CHESH-Lao Program” is the name given to the activities in Laos of the Centre for Human Ecology Studies of Highlands (CHESH). CHESH is an independent Science and Technology Association (STO) registered in Vi etnam with the Vietnam Union of Science and Technology Associations (VUSTA). It was founded in 1999 by the Vietnamese NGO, Towards Ethnic Women (TEW), to carry out research on the traditional natural resource management practices of indigenous ethnic minority peoples in the highland areas of the Mekong region of Southeast Asia. Its founder, TEW, had itself been working very closely with highland ethnic minority peoples in Vietnam, supporting village-level development projects, since 1994. In its work, TEW had developed strong critique of conventional development programmes, such as those going under the names of ‘poverty alleviation’, ‘hunger eradication’ and ‘capacity building’. Such programmes they saw as imposing outsiders’ views minority peoples’ lives. They were particularly critical of the failure of development agencies, both domestic and foreign, to listen to and learn from minority peoples. They saw this failure as resulting in interventions that were destructive of the ecological balance and close spiritual relations that minority communities had with their natural environment. In its own work, in the areas of land rights and gender relations, TEW treated ethnic minority peoples as experts in human ecology and sustainable resource management. TEW staff lived with ethnic minority communities for months at a time to learn their languages and cultures and the spiritual values behind their ways of managing natural resources. It was to research these matters more thoroughly that TEW established CHESH, in the hope that its research results would be used to improve government policies and the lives of ethnic minority peoples in the highland regions (Vandenhende: 11)
social pharmacy d-pharm 1st year by Pragati K. Mahajan
Cultural Identity, Network Action, and Customary Law
1. 2012
Cultural Identity, Network Action,
and Customary Law
Editor: Dr. Keith Barber
CENTER FOR HUMAN
ECOLOGY STUDIES OF
HIGHLANDS - CHESH
CHESH Lao Program
(1999-2009)
2. Contents
INTRODUCTION.........................................4
PROGRAM OF COOPERATION BETWEEN
CHESH AND LAO
GOVERNMENT.....................6
PHASE ONE: JANUARY 2000-JUNE 2002
Community Development Based on Cultural
Identity.......................................................... 7
Long Lan ................................................... 7
Xieng Da ................................................... 9
Nam Kha ................................................. 12
Other activities ........................................ 13
Assessment .............................................. 15
PHASE TWO: JANUARY 2003-
DECEMBER 2005
Key-farmer networks ............................... 16
Traditional culture ................................... 17
Household and community economic
development ............................................ 17
Infrastructure developments ..................... 19
Professional training ................................ 20
Land allocation ........................................ 20
Outcome .................................................. 25
PHASE THREE: 2006-2009
Strengthening the Network of Customary Law
in Natural Research Management ................ 27
Herbal medicine ...................................... 28
Textile handicraft .................................... 30
Ecological farming .................................. 31
Economic and Community Developments in
Xieng Da and Nam Kha ........................... 33
Strengthening the network on savings and
credit ....................................................... 34
Forest protection ...................................... 34
The Widening Context................................. 40
REFERENCES............................................ 43
2|Page
3. Figure 17: Villagers borrow loan from the
Figure 1: The Khmu house in Nam Kha community development fund in Nam Kha for
village, Nam Bac Distrit, Luang Prabang, investment in production (CHESH Lao, 2006)
Laos (CHESH Laos 2001) ............................. 4 ................................................................... 33
Figure 2: Typical Lao Lum village in Luang Figure 18: Community meeting in Long Lan
Prabang, Laos ............................................... 5 for setting up a regulation in forest protection
Figure 3: H'mong girl in Long Lan village, (CHESH Lao, 2007) .................................... 35
Luang Prabang district, Luang Prabang, Laos Figure 19: Women and Children in Long Lan
(CHESH Laos - 2005) ................................... 7 village (CHESH Lao, 2006) ........................ 40
Figure 4: Long Lan Council of Elders in the Figure 20: The Land Spirit of Laos (CHESH
H'mong Traditional Flut Performance Lao, 2004) .................................................. 41
(CHESH Laos 2007) ...................................... 8
Figure 5: ‘Ton Phu'- Spiritual Tree, and
Buddha Statue in the Xieng Da Pagoga
(CHESH Laos 2005) .................................... 10
Figure 6: A Lao Lum women in Xieng Da is
spinning (CHESH Lao 2005) ....................... 12
Figure 7: Khmu people in Nam Kha (CHESH
Lao, 2005) ................................................... 13
Figure 8: Garlic Harvesting in Nam Kha
(CHESH Lao, 2006) .................................... 14
Figure 9: Key farmer network (CHESH Lao –
2005)........................................................... 16
Figure 10: A traditional dance of Hmong in
Long Lan (CHESH Lao, 2007)..................... 17
Figure 11: Ecological corn farm of Mr Xom
Lit in Xieng Da (CHESH Lao, 2006)............ 18
Figure 12: Ceremony for land use right
certificate granting (CHESH Lao, 2005) ...... 22
Figure 13: "Con' Performance of the H'mong
in the New Year (CHESH Lao, 2007) ........... 25
Figure 14: Sharing herbal knowledge among
healers (CHESH Lao, 2008) ........................ 28
Figure 15: Preparing threads for natural dye
(CHESH Lao, 2007) .................................... 30
Figure 16: Havesting native vegetables in
Long Lan (CHESH Lao, 2008)..................... 32
3|Page
4. INTRODUCTION
“
The CHESH-Lao Program” is the
name given to the activities in Laos of
the Centre for Human Ecology
Studies of Highlands (CHESH). CHESH is
an independent Science and Technology
Association (STO) registered in Vi etnam
with the Vietnam Union of Science and
Technology Associations (VUSTA). It was
founded in 1999 by the Vietnamese NGO,
Towards Ethnic Women (TEW), to carry
out research on the traditional natural
resource management practices of Figure 1: The Khmu house in Nam Kha village, Nam Bac Distrit, Luang
indigenous ethnic minority peoples in the Prabang, Laos (CHESH Laos 2001)
highland areas of the Mekong region of research these matters more thoroughly
Southeast Asia. Its founder, TEW, had that TEW established CHESH, in the hope
itself been working very closely with that its research results would be used to
highland ethnic minority peoples in improve government policies and the lives
Vietnam, supporting village-level of ethnic minority peoples in the highland
development projects, since 1994. In its regions (Vandenhende: 11)
work, TEW had developed strong critique
of conventional development programmes, Meanwhile, in Laos, the Ministry of
such as those going under the names of Agriculture and Forestry (MAF) had
‘poverty alleviation’, ‘hunger eradication’ recently established a Project for Rural
and ‘capacity building’. Such programmes Development of Focus Areas (PRDFA) to
they saw as imposing outsiders’ views oversee rural development in selected
minority peoples’ lives. They were mountainous and border regions where
particularly critical of the failure of most of the ethnic minority people in Laos
development agencies, both domestic and lived. As a new programme, PRDFA was
foreign, to listen to and learn from looking for direction, and took up the
minority peoples. They saw this failure as suggestion of a Vietnamese colleague that
resulting in interventions that were they might learn something from the
destructive of the ecological balance and experience of TEW in Vietnam.
close spiritual relations that minority Accordingly, in October 1999, a group of
communities had with their natural senior TEW staff were invited to Vientiane
environment. In its own work, in the areas for talks with PRDFA officials where it
of land rights and gender relations, TEW was agreed that the two organizations
treated ethnic minority peoples as experts would undertake a ‘Program of
in human ecology and sustainable resource Cooperation’ aimed at developing the
management. TEW staff lived with ethnic skills of PRDFA staff for working among
minority communities for months at a time highland indigenous ethnic minority
to learn their languages and cultures and communities. For TEW, the programme
the spiritual values behind their ways of offered the opportunity for them to extend
managing natural resources. It was to the research activities of the newly
4|Page
5. developed CHESH into Laos, a country minority farmers capable of taking
where the traditional values and practices leadership roles in their communities. The
of indigenous ethnic minority communities problems of ‘in-confidence’ and ‘no-
were considered to be still well ownership’ could then be tackled by
maintained. It was also seen as an lobbying for state recognition of
opportunity to build a ‘key-farmer community land rights and respect for
network’ in Laos to link up with the indigenous knowledge as a foundation for
existing ‘key-farmer network’ in Vietnam, sustainable natural resource management
the result of TEW’s earlier work. and community development. Key farmer
networks were established first at the
‘Key-farmer networks’ were a central village level on the basis of shared
feature of TEW’s strategy for improving interests among farmers in traditional
the conditions of ethnic minority practices related to natural resource
communities in Vietnam. As elsewhere in management such as herbal medicine,
the Mekong region, ethnic minorities in women’s textile handicraft production,
Vietnam made up the poorest sections of ecological farming, customary law, and
the population. In TEW’s analysis, the forest protection. The networks were then
cause of this poverty was a combination of extended to the regional and inter-ethnic
isolation, in-confidence and no-ownership. level by creating opportunities for farmers
‘Isolation’was from other ethnic groups from different ethnic groups and different
and from the centers of power where parts of the country to meet and exchange
decisions affecting the lives of ethnic their ideas and knowledge. In this way
minorities are made. This was seen as TEW sought to strengthen the capacity of
leading to ‘in-confidence’, particularly in ethnic minority farmers throughout the
relation to the formal political system region to withstand state and market
where ethnic minorities are officially pressures to abandon their traditional
looked down upon as ‘backward’ and resources and cultural practices. It was
‘superstitious’. Isolation and in-confidence with this background of philosophy and
together led to ‘no-ownership’ (or loss of practice that CHESH entered into a
control) of both land and culture
as minority peoples were either
forcefully removed from their
traditional territories by state
sponsored resettlement programs
or lost their land to state
sponsored land appropriations.
Given the close association
between land and culture in
highland ethnic minority
communities (expressed in terms
of spiritual relations),
resettlement or land
dispossession led to cultural loss
as well. TEW’s ‘key farmer
network’ strategy was aimed at
addressing the problems of
isolation by building strong inter-
ethnic regional networks of ‘key
farmers’ - knowledgeable,
innovative, and forceful ethnic
Figure 2: Typical Lao Lum village in Luang Prabang, Laos
(CHESH Laos 2005)
5|Page
6. PROGRAM OF COOPERATION BETWEEN
CHESH AND LAO GOVERNMENT 1999-2000
Program of Cooperation with the Lao representatives of Xieng Da and Long Lan
government in 1999. villages. This event was designed by
CHESH to provide villagers with the
opportunity to voice their ideas for
T he program of cooperation between development directly to the province’s
CHESH and the Lao government highest authority. Normally in Laos,
began in October 1999 with a villagers would not have such an
month long visit by four senior PRDFA opportunity. They might address their
staff to Vietnam, to exchange ideas on concerns to their village leader, and the
their respective countries’ laws and village leader might carry them to the
policies on community development, district authorities, but it was rare, even for
hunger alleviation, poverty reduction, and the village leader, to speak to anyone
the resettlement of highland ethnic higher in authority than district officers.
minority communities. During the visit, The usual flow of communication was top-
PRDFA staff were taken to visit various down, from central government to the
areas in Vietnam where TEW was provinces, from provincial authorities to
working, to see for themselves the districts, and from district authorities to
effectiveness of its ‘bottom up’ the government appointed village leaders,
development approach. The study tour was who then conveyed the authorities’ wishes
followed by a practical training session on to the people. But by enlisting the villagers
the methods of Participatory Rural to present their development plans directly
Appraisal (PRA)1 in two villages in Luang to the province’s highest authority,
Prabang province, Laos: Long Lan, a high CHESH was seeking to reverse this pattern
altitude White Hmong village, and Xieng of communication, in an effort to break
Da, a Lao Lum village. The objective of down the villagers’ sense of isolation. It
this exercise was for PRDAF staff to was also hoped that this would strengthen
experience working alongside village the villagers’ commitment and confidence
elders, village leaders and ordinary village to follow through with their development
members of different ethnic groups in plans.
identifying their development needs,
problems and solutions. After these first few steps, CHESH
was invited to continue working in Laos,
At the completion of the PRAs, the and a follow-up programme with the title
results were presented to the Luang “The pilot research on community
Prabang People’s Committee2 at the development based on cultural identity of
Committee’s offices in Luang Prabang, Long Lan village, Luang Prabang district
with the full participation of and Xieng Da village Nam Bac district,
Luang Prabang province, Lao PDR” was
1
PRA is a family of approaches and methods to approved. This project would come to
enable local people to share and enhance their constitute phase one of the CHESH-Lao
knowledge of life and conditions, and extend that program.
knowledge into analysis, planning and action. It is
designed to facilitate analysis by local rural people
rather urban outsiders. Local people are encouraged
to express their own knowledge, conduct their own
analysis, and assert their own priorities (See
Chambers 1994).
2
The Provincial People’s Committee is the highest
policy implementation at provincial level.
6|Page
7. PHASE ONE: JANUARY 2000-JUNE 2002
opium poppies. In 2000, however, the Lao
government had ordered that all opium
poppy cultivation in Laos cease by the
Community year 20053. This presented Long Lan with
the serious challenge of quickly having to
Development Based on find an alternative source of cash income.
Cultural Identity Other challenges were arising from pre
assures upon its forest and land resources
from encroachment by neighbouring
P hase one of the CHESH Lao
Program ran from January 2000 to
June 2002 and involved a variety of
activities in Long Lan and Xieng Da
villages based upon the earlier self-
villages and outside commercial interests.
For CHESH, the challenge was to work
with village elders, leader and key-farmers
to stimulate a search for new sustainable
forms natural resource utilization that
assessments of their development needs
would, at the same time, allow the village
made during the PRA exercise held in
to maintain and strengthen itsS cultural
December 1999 - January 2000.
identity. The strategy was to provide study
Programme activities were designed to
meet the needs of each village, taking into
account their specific social, economic,
and ecological characteristics, with an
emphasis on developments consistent with
the strengthening of cultural identity.
Long Lan
L ong Lan is a White Hmong village
located at 1300 metres above sea
level in a mountainous area 40 km
northeast of Luang Prabang. In 2004 Long
Lan had 61 households and a population of
437 people. It had been established in 1975
from the consolidation of several smaller
Hmong villages that had moved into the
‘Phu Sung’ (high mountain) areas several
generations before. Hmong cultural
traditions remained strong in Long Lan
and everyday life in the village was Figure 3: H'mong girl in Long Lan village, Luang
3
governed by its own customary laws. Long Prabang district, Luang Prabang,an integral part of
“Opium eradication in Laos is Laos (CHESH
Lan was also blessed with around 9000 Laos worldwide “war on drugs’ wages under the
the - 2005)
hectares of natural forest rich in leadership of the United States and the United
Nations Drug Control programme (UNDCP).
biodiversity, and a large area of fertile land UNDCP formulated a Comprehensive Drug
suitable for cultivation. But they faced a Control Program for Lao PDR for the period 1994-
major problem.Like many other highland 2000. In 1996 the Lao Government revised its drug
indigenous ethnic minority communities in control law and prohibited the production of opium.
northern Laos, the major source of cash In December 2000 the Prime Minister issues a
decree (no. 14) ordering the total elimination of
income in Long Lan was from the sale of opium in the country by 2006 (later revised to
opium from the annual cultivation of 2005).” (Cohen and Lyttleton 2008)
7|Page
8. Figure 4: Long Lan Council of Elders in the H'mong Traditional Flute Performance (CHESH Lao 2007)
tours to Vietnam and other parts of Laos for establishing and operating key-farmer
where similar problems were being networks for the implementation and
experienced, in order to stimulate the management development projects. On
development of new ideas. Then practical their return to Long Lan the nine key-
training would be provided to assist the farmers developed a six-month action plan
villagers in the development of ‘common- to develop a set of common-interest clubs:
interest clubs’ – groups of farmers or for cultural preservation, forest protection,
households focusing on a particular vegetable cropping, environment and
development activity. hygiene, animal husbandry and veterinary
services, and savings and credit.
The project began in March 2001 Regulations were developed to govern
with a week long tour of nine key-farmers each of these clubs according to the
to various provinces of Vietnam to study a village’s own customary laws. Before long
wide range of issues relating to natural the forest protection and management
resource management, such as the causes group had uncovered two cases of illegal
and consequences of deforestation, logging, the vegetable cropping group had
methods of forest management and classified areas of land suitable for
protection, sustainable methods of vegetable crop production, practical
slopping land cultivation, the cu ltivation training in animal husbandry and
and use of herbal medicine, the negative veterinary services had been received
impacts of tourism, the Vietnamese (from the Luang Prabang Agricultural and
experience of terminating opium poppy Forestry Department) after which the
cultivation, techniques for improving the animal husbandry and veterinarian group
soil quality, the value of village base vaccinated the village’s cattle and
common-interest clubs, and the methods chickens. Training was also organized on
8|Page
9. saving and credit for 60 villagers who later 2002 it had 121 households and a
formed four savings and credit groups with population of 700 people. Ninety-one per
a total of 38 members. cent of the population were Lao Lum (113
households) and 9 per cent Khmu (8
At the request of the villagers, a households). The village managed lands
project was then organised to construct suitable for both wet and dry rice farming
permanent toilets for 13 households that and had a long tradition of silk and cotton
had been omitted from an earlier European weaving. But when CHESH staff arrived
Union supported project.Regulations in the village 1999, they found it to be in a
governing labour contributions, poor condition, lacking in strong
monitoring, management, and maintenance leadership, and having no clear direction
of the project were developed by the for development. The village was littered
village elders, and a construction company with rubbish and its water ways heavily
was contracted by PRDFA to provide the polluted. Initial inquiries pointed to a
design, a budget plan, and advice on breakdown in community relations, with
construction techniques. According to the growing concerns about inter-generational
original contract, the villagers were to conflict, inter-households and even intra-
manage the finances, learn the skills and household theft. Most indicative of the
techniques of constructions, and construct village’s low morale, however, was the
the toilets themselves, but contrary to deplorable state of its temple. The Xieng
intentions PRDFA delegated full Da temple had been damaged by bombing
responsibility for the toilet construction to during the American war but had never
the construction company, with the result been repaired. It now stood abandoned in
that the villagers’ active role in the project temple grounds that were littered with
failed to eventuate. In a consequence rubbish and human waste. For a Lao
typical for the type of ‘non-participatory,’ village, in which the temple is normally
‘top down’ method of project the centre of spiritual and community life,
administration that CHESH was seeking to this was a strikingly visible sign of the
overcome, the villagers received no erosion in Xieng Da of cultural values,
opportunity to develop their own traditions, and pride. It appeared that the
capabilities, expenditure exceeded what people no longer cared (Vandenhende:
was planned for, and the location and 109). However, during their first meeting
design of the 13 toilets was unsuitable. with CHESH, it became clear that the
The project’s failure demonstrated the villagers were not indifferent the state of
difficulty of changing the government’s their village. In the past they had strong
‘top-down’ mind-set on community social ties and an active cultural life, and
development. It would be some years, and their temple had once been famous in the
after further costly mistakes, before the area for its monks, but these things had
idea of villagers designing and managing fallen into disrepair. It was decided,
their own development projects would be therefore, that in order to remedy the
fully accepted by the local government negative spiral into which the village had
authorities. fallen, the project in Xieng Da would
begin with the restoration of its temple and
the temple grounds.
Xieng Da
This decision was consistent with
the TEW/CHESH philosophy that central
X ieng Da is a lowland Lao village,
96 km north of Luang Prabang
and 15 km south of Nam Bac. In
to any community’s life is their spiritual
and cultural values. In Lao villages, the
temple is the spiritual centre, but also the
9|Page
10. Figure 5: ‘Ton Phu'- Spiritual Tree, and Buddha Statue in the Xieng Da Pagoga (CHESH Lao 2005)
centre for communal activities; the site of elder men and the village leader organized
moral education, ceremonial and cultural visits to temples in other villages in Luang
activities. In the absence of a functioning Prabang district to generate ideas for the
temple, these activities had declined in temple restoration. Fundraising activities
Xieng Da and needed to be revived. So, were organized and the temple grounds
while pla ns were being made for the repair were cleaned up. After a month the temple
of the temple, a temporary communal had been repaired and plans had begun for
‘culture house’ was constructed in the its upgrading.
temple grounds as somewhere where
community meetings and cultural Following the temple restoration,
performances could be held,4 and where religious life in Xieng Da revived and the
the younger generation could relearn their village once again became a centre of
traditional dances and songs, and religious activities for monks and villagers
reconnect with their elders, and their from neighbouring villages. It also became
traditional norms and culture. While the a site for the exchange of ideas and
culture house was being built, a group of information on development activities, and
alongside the temple restoration a number
4
One hundred and twenty villagers were involved
of infrastructure projects were also
in the planning and building of the temporary organized. During the 1999 PRA exercise,
culture house, contributing materials to the value of the Xieng Da community had expressed
2.3 million Kip including 600 sheets of roofing, 20 the need for a gravity-fed drinking water
wooden and 840 bamboo poles, 2 kg of nails and system and this led to an investigation to
240 bundles of bamboo string. The building was
completed in 15 days and became a place for
discover a suitable water source. One was
community meetings and cultural activities. found in a nearby mountain, but inside the
10 | P a g e
11. administrative boundary of the CHESH which was to gradually expand
neighbouring Khmu village of Nam Kha. their activities in Lao to incorporate other
This made it necessary to bring the elders ethnic minority groups.
of the two villages together to negotiate an
agreement for access. It was eventually Other construction activities in
agreed that the two villages would Xieng Da were the repair of 100 metres of
cooperate in implementing a drinking internal road; the dredging of 200 metres
water system for both villages and a of water channel; and the clearing of 1300
further series of meetings were held to metres of its banks of vegetation6. The
design the system and develop regulations channel dredging provided sufficient
covering the labour contributions of each irrigation for 30 ha of spring-winter season
side.5 cropping, allowing an extra 54 tonnes of
wet rice to be harvested each year, thereby
The cooperation had some ensuring greater food security for the
important consequences. Previously village. In the past, villagers had planted
relations between the two villages had only one crop of rice. To further improve
been strained. The land on which Nam agricultural production, the villagers asked
Kha had been established (under the Lao for and received training on the basic
government’s Resettlement Program) had techniques of grafting, planting and
previously belonged to Xieng Da, and this maintaining tree crops, animal husbandry
had brought conflict between the two and veterinary services, and in savings and
groups over land, forest and water use. But credit.7
as a consequence of their cooperation in
implementing the drinking water system,
relations between the two villages
improved, and thereafter, whenever Xieng
Da organized project activities, Nam Kha
villagers were invited to be involved.
Eventually, Nam Kha asked to be formally
included in the CHESH-Lao Program,
fulfilling one of the primary goals of
5 6
In each village, households were divided into The organization of these projects followed the
small groups and assigned responsibilities. A same pattern as for the drinking water system.
Luang Prabang construction company was Elder men and the village leader organized
appointed as consultants and members of the meetings to gain approval for the design of the
younger generation were selected for learning the road, villagers discussed and developed regulations
techniques of pipeline construction and on labour contributions and households were
maintenance. In 24 days the drinking water system divided into small groups with leaders assigning
was completed to a length of 6 kilometres with 21 responsibilities to each member.
taps located at different household clusters; with 7
one common tank with the capacity of 40 cubic Subsequently 475 chickens, 24 turkey, 241 ducks,
metres to supply both villages. As an outcome, 82 50 pigs, and 55 buffalo were vaccinated, and a
households (24 in Xieng Da and 58 in Nam Kha) medical chest for animal health set up in the
received fresh drinking water, greatly reducing village. Training was also provided on saving and
their labour time required for water collection. As a credit. Fourteen villagers were trained in
result of villager participation in its construction, bookkeeping, opening a bank account and
the cost of drinking water system was reduced and establishing and operating savings and credit
the money saved used for extending its service to groups. Four saving and credit groups that had been
Nam Kha village. Villager participation also set up in the past were united into one with nine
ensured that the villagers would be ablemaintain members with deposits of 1.6 million Kip available
the system and repair it themselves when for borrowing for investment in agricultural
necessary. Funds to cover maintenance costs were production.
raised from household water use.
11 | P a g e
12. cages for buffalo,
cows and chickens
which previously
had roamed freely
in the village.
In November, a 10
day study tour was
organized for 13
key-farmers from
Xieng Da to Hoa
Binh, Ha Tay,
Nghe An and Lao
Cai provinces in
Vietnam to study
natural resource
management,
traditional culture,
methods of
Figure 6: A Lao Lum women in Xieng Da is spinning (CHESH Lao 2005) slopping land
cultivation, the
To satisfy the villagers’ increasing role and value of herbal medicine, and how
demands, a two week study tour was to set up and operate weaving groups.
organized in March and April of 2001 for Following the study tour the 13 key-
14 farmers from Xieng Da and several farmers developed an action plan to apply
staff of Nam Bac district, Luang Prabang the lessons learnt in Vietnam and
province and PRDFA, to a research centre requested that the CHESH project
in Vientiane Province to study fruit tree, undertake land and forestland allocation
slopping land cultivation, rural for households in Xieng Da to secure their
development, and chicken raising. land-use rights.
Following the tour, the villagers of Xieng
Da established a Village Development
Team to formulate action plans and Nam Kha
regulations for village development
activities. ‘Interest Groups’ were
established for vegetable cropping, animal
raising, environment and hygiene, forest
protection and management, and culture
preservation. Plans were developed for
N am Kha is a Khmu village 100km
north of Luang Prabang and 20 km
south of Nam Bac central town,
and only a few kilometres from Xieng Da.
winter-spring season cultivation and Khmu are traditionally shifting cultivators
experimentation began with new species of of mid-altitude mountain slopes. They
rice, maize, peanuts, sesame, and soybean. number about 400,000 in Laos and are
The leader of the Development Team, Mr found only in north. Small populations of
Xom Lit (later to become an important key Khmu can also be found in northern
farmer in the Lao-Vietnam key-farmer Thailand and Vietnam. They are speakers
network) experimented with planted maize of one of the Mon-Khmer family of
and new rice species. Members of the languages which differentiates them from
animal husbandry and cropping groups the Lao (Tai language family) and Hmong
organize and implement environment and (Sino-Tibetan language family). Khmu are
hygiene work, making compost pits, and one of the more socially, economically,
12 | P a g e
13. and politically marginalised groups in
Laos. Although many have adopted
lowland ways of life similar to that of the
Lao, they have retained their animist, non-
Buddhist religion and they suffer from the
prejudice of many Lao Lum who look
upon the Khmu as‘backward.’ This
negative prejudice affects their social and
economic opportunities.
In 1972 a number Khmu families
had been resettled at Nam Kha under the
Lao Government’s Resettlement Program.
By 2004 there were 67 households with a
population of 381 people. As described
above, Nam Kha was not originally part of
the CHESH-Lao Program, but became
involved during the building of the Xieng
Da water supply system. Although the
village was located close to the main road
their living conditions were very poor.
They faced food shortages for half the
year, and for a large part of the population
hunger was a daily reality. After
Figure 7: Khmu people in Nam Kha (CHESH Lao, 2005)
investigating the causes of this poverty,
CHESH found that the village had never cages for domestic animals which
received any outside aid. On the positive previously had roamed freely in the
side, they had maintained their traditional village. They also experimented with 6
patterns of social organization and adhered hectares of winter-spring rice planting, and
to their traditional system of values following the Xieng Da example,
associated with their worship of the spirit constructed a community house to hold
of Pha Bua Mountain. In contrast to Xieng traditional festivals.
Da, the community spirit in Nam Kha was
strong and in Mr. Bunchin they had an Other activities
energetic and determined leader. The
principle challenges facing Nam Kha were
their sense of isolation and resulting lack
of confidence, the negative prejudices of
outsiders, a lack of secure land-use rights,
B eside activities directly related to
community development in Long
Lan, Xieng Da and Nam Kha,
work on developing the capacity of
PRDFA staff continued into 2001 with a
and the problems of adjustment to the new
market economy. four month visit to Chiang Mai University
in Thailand to study numerous topics
Following their request to be related to highland indigenous ethnic
included in the CHESH Lao Program, minority economic and community
farmers from Nam Kha joined those from development: sustainable natural resource
Xieng Da on the study tour to the research management in National Parks; the
centre in Vientiane, and on their return impacts of tourism on indigenous ethnic
established a saving and credit group and minority groups; land and forest rights and
organizing environment and hygiene work customary laws of highland communities;
to construct compost and waste pits and and the negative impacts of Dams on rural
13 | P a g e
14. livelihoods. PRDFA staff also held Rural Development and Agricultural and
discussions Thai NGOs and members of Forestry Departments on methods of
ethnic minority communities on the project evaluation.
development programmes of the Thai
government. In May, CHESH organized a Earlier, in June, a workshop had
study tour for 12 representatives of Luang been held to evaluate project activities.
Prabang province and 2 PRDFA staff to Staff of PRDFA and CHESH worked with
discuss issues of land and forest members of ‘Interest Groups’ in the three
management with the Ministry of villages to discuss their achievements,
Agriculture and Rural Development difficulties, solutions and plans for the
(MARD) and the Ministry of Land in future. Then, key-farmers from the three
Vietnam, and on returning to Laos plans villages organized a workshop to share
were developed for land allocation to the their experiences in organizing and
three pilot villages to be implemented in implementing development activities in
20038. Finally, in October an eight day their villages. The workshop was attended
practical training session was held for five by authorities from Luang Prabang
PRDFA staff and two from Luang Prabang province, PRDFA, and the Lao Ministries
Figure 8: Garlic Harvesting in Nam Kha (CHESH Lao, 2006)
8
A Land and Forest Allocation was eventually
carried out In Long Lan in 2004 and 2005. See
below.
14 | P a g e
15. of Agriculture and Forestry and Foreign study the beliefs and customs of each
Affairs. It dealt with the issues of village and their local knowledge of crop
encouraging traditional culture, the production and natural resource
resettlement of indigenous ethnic management. The second was to offer
minorities, maintaining household opportunities for villagers to recognize and
livelihoods, saving and credit, agricultural discuss the social, political and economic
and forestry extension, and infrastructure challenges facing them, and create the
improvement. These were all issues of conditions for them to work together to
priority for the Lao Government, but it was find suitable solutions. The third step was
the first time government authorities had to provide the opportunities for villagers to
ever attended a workshop on them that had plan, set up, and monitor their own
been organized and conducted by development activities, creating
villagers: normally government staff were opportunities for the different communities
the organizers and villagers only listened. to exchange their knowledge and
experiences with each other, monitor each
Finally, from December 2001 to other’s activities, and draw lessons from
January 2002 a further workshop on them. The final step was to create the
poverty reduction, hunger alleviation and conditions for the villagers to organize
resettlement was held in Vientiane, co- district, provincial and national level
organized by PDRFA and CHESH. One workshops to evaluate their development
hundred and thirty participants including activities.
key-farmers, village leaders and clan heads
from eight different ethnic minority groups In June 2002, in order to bring its
(Hmong, Dzao, Gia Rai, Thai, Kinh, Lao operations closer to participating villages,
Lum, Ede and Khmu) from both Laos and a CHESH field office was opened in
Vietnam attended to sharetheir experiences Luang Prabang, and in October PRDFA
on the sustainable use and management of formally transferred its role and
slopping land, the protection and responsibility for the CHESH-Lao
development of forest resources, and the Program to a Project Management Board
importance of cultural identity in made up of key-farmers from Long Lan,
contributing to poverty reduction, Xieng Da, and Nam Kha villages, and
alleviating hunger, and the development of representatives of the Luang Prabang
stable household economies. The Provincial Agriculture and Forestry Office
workshop was attended by authorities from (PAFO) and the Luang Prabang and Nam
the Lao Ministry of Foreign Affairs, the Bac district offices. This decentralization
Ministry of Agriculture and Forestry, the of responsibility set the stage for the next
National Agriculture and Forestry phase of the CHESH-Lao Program, from
Extension service, and the Vietnam January 2003 to December 2005, to
Embassy in Laos, and participants were “Strengthen CHESH Lao program to
taken on field trips to Long Lan, Xieng Da facilitate key-farmer network on
and Nam Kha villages to see the sustainable community development in
effectiveness of two years cooperation Long Lan, Xieng Da and Nam Kha
between PRDFA and CHESH. villages, Luang Prabang Province”.
Assessment
B y June 2002, CHESH-Lao had
consolidated its approach of
community development based on
cultural identity. The first step had been to
15 | P a g e
16. PHASE TWO: JANUARY 2003-DECEMBER 2005
project focus would be different for each
Strengthening the Key-
Farmer Networks in
Sustainable Community
Key-farmer networks
T he goal in phase two of the CHESH
Lao Program – to strengthen key-
farmer networks for sustainable
community development - was a strategic
objective that CHESH had inherited from
its parent organization, TEW. In Vietnam,
Figure 9: Key farmer network (CHESH Lao – 2005)
key-farmers of the TEW network had
already developed a number of strong village. In Long Lan, with its strong
Community-Based Organisations (‘interest culture and is rich natural resources, the
groups’) as a foundation for sustainable focus was on sustainable natural resource
indigenous development. The object was utilization; in Xieng Da and Nam Kha it
to create a similar network in Laos. In each was on improving their material and
village, villagers were encouraged to spiritual life. In all three villages, the
identify knowledgeable farmers who were strategy was to create opportunities for key
prepared to volunteer to work as key farmers, elders, and village leaders to
persons in coordinating development participate in study tours to different parts
activities. These ‘key-farmers’, together of Laos or Vietnam to stimulate new ideas
with customary and formal village leaders, and plans for community and economic
would then meet and develop action plans development. The plans would then be
for meeting the development needs and carried out through the setting up of
priorities of their villages. The action plans ‘common interest groups’, i.e., groups of
would then be passed to PAFO for farmers or households focusing on
approval and integration into the work particular development activities. Practical
plans of the local district offices. Based on training sessions would be provided to aid
these action-plans, a Project Management members of interest groups in acquiring
Board, made up of key-farmer from each the skills necessary to carry out their
of the three villagers and representatives of function. The principle areas of activity for
PAFO would approve and facilitate the the CHESH Lao Program during this
project activities with the help of resources phase were in 1) traditional culture, 2)
mustered by CHESH. women’s weaving, 3) household and
community economic development, 4)
To reflect their different cultural infrastructure development, 5) professional
and natural resource endowments, the training, and 6) land allocation.
16 | P a g e
17. resident monk and novices. During its
reconstruction a number Xieng Da
villagers were trained as painters and
sculptors who were later able to produce
similar works for other temples in the
district. The temple restoration also
sparked the revival of musical
performances. Lost traditional musical
instruments were recovered and a music
team set up to perform at village and
religious festivals. In the words of one
village elder, Mr Xieng Xi Phan, “after the
temple was reconstructed, the religious
belief of the community increased. As they
see festivals and the behaviour of elders
toward Buddha, they perceive the
existence of Buddha in their village, and
that makes them happier.” In Long Lan,
cultural restoration activities took the form
of building a communal cultural house as a
place where cultural artefacts reflecting the
traditional culture of Hmong people could
be preserved, and where cultural
Figure 10: A traditional dance of Hmong in Long Lan performances and community meetings
(CHESH Lao, 2007)
could be held.
Traditional culture
Household and community
economic development
I n the first phase of the CHESH Lao
Program, CHESH had supported the
restoration and upgrading of the
temple in Xieng Da, as a place where the
villagers could meet and conduct their
H ousehold and community
economic development continued
through the process of study tours,
the setting up of interest groups and the
traditional cultural and religious practices.
provision of practical training in crop
The restoration was completed during the
production, animal raising, veterinary
second phase with addition of Buddha
services, weaving, and savings and credit.
statues, paintings of scriptural scenes, and
A study tour by Xieng Da and Nam Kha
the erection of a Buddha statue in the
farmers to the Thai community in Hanh
temple grounds beneath an ancient Bodhi
Dich commune in Nghe An province in
tree. As a result of these activities,
Vietnam resulted in a group of Nam Kha
religious and spiritual life in Xieng Da was
key-farmers experimented with a Hanh
reinvigorated. The traditional customs of
Dich variety of rice. When this did not
daily alms-giving and mutual help were
produce the hoped for results they changed
restored and the temple complex was
to growing a native species of garlic. In
transformed from a neglected and uncared
Long Lan, villagers organized their own
for place into a sacred area where Xieng
study tour to the Lao province of Xieng
Da villagers could worship daily. The
Khoang, to learn how to grow plum trees
restored temple attracted monks from
and asparagus, and on their return
surrounding areas and soon it had its own
experimented with asparagus growing.
17 | P a g e
18. Twenty eight farmers from Long Lan, and veterinary services was provided. This
Xieng Da and Nam Kha also participated resulted in the setting up of a joint Xieng
in a study tour to Xieng Ngan district in Da-Nam Khan animal husbandry and
Laos to learn about tomato farming, and veterinary service group to take
after the study tour requested the Project responsibility for vaccinating the animals
Management Board to organize training in in two villages. The group was also
tomato planting techniques. regularly asked to help neighbouring
Figure 11: Ecological corn farm of Mr Xom Lit in Xieng Da (CHESH Lao, 2006)
villages and was made a member of the
Development also took place in district veterinary network by the Nam Bac
livestock raising. In Xieng Da interest District Animal Husbandry Office.
groups were established for raisinggoats (5
households), pigs (15 households), and Weaving, a traditional women’s
fish (10 households). In Nam Kha, they activity in Xieng Da, had once been very
were established for raising chickens (19 strong, but it had declined over the years,
households), buffalos (3 households), pigs due largely to the flow of imported
(1 household), fish (3 households), and products from China, Thailand, and
goats (12 households). After one year, the Vietnam. In order to help recover the
Nam Khagoat raising group had increased tradition, ten women from Xieng Da were
its stock from 12 to 60 goats. To provide selected for a one month training course to
villagers with greater confidence to invest learn new weaving techniques and new
in the development of their animal herds, a designs more suited to the modern market.
program of training in animal husbandry They later established relationships with
18 | P a g e
19. shops in Luang Prabang to sell their heritage of the country.” Mrs Nang On
products. As Mrs Nang Pha Ny Keo, a member of the women’s weaving
commented, “I was lucky to participate in groups said that “since the weaving groups
the training course. I can now weave were set up, relationships in the village are
complex designs. I borrowed 1.5 million more united. We have enhanced our
Kip to invest in weaving and I have knowledge and our livelihood. Before, we
already earned 1.8 million Kip.” On had to buy towels and shawls, but now we
average one woman could produce a 1.5 m can make them.” The Luang Prabang
x 50cm length of cloth per day and earn Provincial Women’s Union planned to
13,000 Kip. As more women asked to be promote the Nam Kha women’s weaving
trained in weaving the ten original women group as a model for adoption by other
set up a woman’s weaving training group. villages in the district. Their success also
Weaving not only helped increase family fed back to Xieng Da. As Mrs Namg Xy,
incomes during the non-farming season,it head of the Xieng Da weaving group said,
also had an important effect on raising the “I am a trainer of Nam Kha weaving
value and role of women in their groups. After training, I saw that Nam Kha
community. women are responsible and united. They
organized their work well. I shared this
Although weaving was not a lesson to Xieng Da women and now Xieng
traditional activity in Nam Kha, the revival Da women also want to behave like Nam
of weaving in Xieng Da encouraged Kha women.”
women of Nam Kha to set up their own
weaving groups and ask the women of Most of the interest groups
Xieng Da to train them. Their husbands described above had a need for credit to
built weaving frames for them and a house finance their activities. To satisfy this need
in which they could weave together as a CHESH invited two farmer-coordinators
collective. Husbands also took over some from its sister organization, the Centre for
of their wives’ farming work and childcare Indigenous Knowledge Research and
responsibilities to free their wives’ time for Development (CIRD)9 in Vietnam, to
weaving. After a month, ten women were organize training on setting up saving and
producinghigh quality products. They then credit groups. Interest group members in
trained a further eight women. Once the Xieng Da received 20 million Kip
group became known to the Nam Bac (US$2000) from the savings and credit
Women’s Union, the Union organized for programme to invest in animal raising. In
one of the group to take part in a four Nam Kha, members borrowed 15 million
month course on tailoring so they could Kip (US$1,500).With a 400,000 Kip loan,
begin producing clothing. They can now some fish raising households were able to
produce tailored products not only for their gain incomes of 1 million Kip.
own use but also sell to Khmu people in
other villages. Mr Bunchin, vice leader of Infrastructure developments
Nam Kha remarked that “we are very
happy to see clothes made by our women.
Outsiders will not look down on us,
because Khmu women can learn weaving
career which we never knew before.” It
I nfrastructure developments carried out
during the second phase of the
programme included the construction
was even reported in the Vientiane Times 9
In 2000, the Centre for Indigenous Knowledge
how “the training course taught Khmu Research and Development (CIRD), a former field
people to learn how to weave. This office of TEW in Quang Binh province, Central
generates higher incomes for households Vietnam, became an independent Science and
and contributes to preserve cultural Technology organization under the Vietnam Union
of Science and Technology Associations (VUSTA).
19 | P a g e
20. of a water system in Long Lan and support of scholarships from the CHESH-
permanent toilets for 64 households in Lao Program. Two other young people, a
Nam Kha. In 2003, district technicians young woman from Xieng Da and a young
designed a water supply system for Long man from Nam Kha, were trained directly
Lan village with a budget of 110 million by CHESH, in computer and
Kip. Following the conventional ‘top- administrative work. The young woman
down’ approach to development, the went on to study at the Financial
Luang Prabang district office hired a University of Luang Prabang and later to
construction company to design and work for CHESH-Lao. The young man
implement the system. Under this returned to work in his home village.
approach, the villagers would have had no Scholarships were also provided for two
opportunity to participate in its young Hmong women to study economics
management. Consequently, CHESH at Hanoi National University, and for a
renegotiated the project. Under the new young Hmong man to take a six-month
terms, the villagers were to locate the course in Vietnamese language. One of the
water source, design and construct the young Hmong women later worked for as
water system, and manage the finances and an organizer for the CHESH-Lao
personnel themselves. They divided programme before leaving to join an other
themselves into teams to implement development organization in Vientiane.
different aspects of the work and
completed the construction in 30 days, at Land allocation
the cost of 50 million Kip, less than half
the original budget. Two reservoirs were
constructed at the head of the system with
3000 metres of pipe line; one common
water tank and seven additional water
B y far the most far reaching activity
undertaken during the second
phase of the CHESH Lao Program
was the land and forest allocation carried
stations were constructed inside the out in Long Lan in 2004 and 2005. Land
village. Having constructed the system and forest allocation was a formal process
themselves the villagers were better able to promoted by the Lao government aimed at
adjust it for each season and carry out providing individuals and households with
necessary maintenance work. The new legally recognized land-use rights. In the
water system lessened the workload for present case, land allocation was sought by
women and children, and improved the the villagers themselves as a way of
health and hygiene of the whole securing control over their natural
community. In Nam Kha, the villagers resources in the face of threats of
requested training on toilet construction in encroachment by outside commercial
order to improve the hygiene situation in interests.
their village. A training course was
organized and five villagers were trained, Originally, a land allocation
who later trained others. After one month, programme was to be carried out in Xieng
64 households in Nam Kha village had Da, but the government’s decision to
constructed their own toilets. appropriate part of village’s land to build a
Northern Army Training School resulted
Professional training in a level of dispute that made it
impossible to proceed. Land and forest
I n order to meet new skill requirements,
two young people from Xieng Da were
selected for professional training
courses at the Agricultural and Forestry
College in Xieng Ngan district with the
allocation activities were therefore shifted
to Long Lan. CHESH was approved to
support the programme in cooperation
with local government authorities.
CHESH’s role was to provide the funding
20 | P a g e
21. Land and Forest Allocation
In the early 1990s, the Lao government began a
programme of land reform aimed at increasing
agricultural production and conserving forest
and methodology, PAFO
reserves. The reform was implemented through a
officers were to provide the
Land and Forest Allocation policy to provide farmers
technical expertise, and Long
with secure use rights to productive land and to
Lan villages do the
control the expansion of shifting cultivation. The
implementing.
first step in this process was to delineate a village’s
boundaries. This was followed by the zoning of
Given the dangers
village land, proscribing how the different areas
inherent in the allocation
should be used. Zoning, based on existing
process resulting from
vegetation and past use by farmers, divided village
limitations of staff training and
land into ‘farmland’ - areas farmed on a permanent
the contradictions between
basis - and ‘forest’ - the remaining land of the
customary and state proscribed
village, whether wooded or not. Forestland was
land use practices CHESH
further divided into ‘Conservation Forest’ where all
proposed that the allocation in
activity is forbidden; ‘Protection Forest’ (watershed
Long Lan be led by the Long
areas) where gathering is tolerated; ‘Production
Lan villages themselves, with
Forest’ where wood cutting and gathering are
priority given to their own local
allowed; ‘Regeneration Forest’ where forests are
knowledge and customary law.
regenerated naturally or by plantation; and
This was agreed to and training
‘Degraded Forest’ which can be granted to families
sessions were held to instruct
based on their farming needs. The next step was for
government technical staff in
farmland and degraded forest to be allocated to
what was required. But things
individuals and households. Village representatives
did not go according to plan.
would then draw up a resource management plan
Feedback during the post-
with local authorities, and management of the land
allocation celebrations revealed
and forest transferred to the village.
a number of serious
The policy was seen as relatively progressive,
shortcomings: the implementing
in that it recognized the customary resource use
agency had failed to ensure the
practices and collective as well as private use rights.
full involvement of villagers in
But unexpected social and environmental problems
the decision making process,
arose from its implementation. These problems have
and land allocation decisions
been seen as deriving from several interrelated
had not been based upon local
sources: (1) the limited budget and technical skills of
knowledge and customary law.
local government agencies led to the implementation
The contribution of the villagers
of LFA without adequate consideration of customary
in the process had been largely
resource use practices; (2) Forest classification were
that of passive assistants to the
based on the Forest Law, which led to fixed
province’s technical staff. This,
territorial boundaries and prescribed uses not in tune
according to the CHESH
with the dynamic resource use practices of the local
Director, violated the principle
people; (3) The broad zoning of land as suitable or
of participatory action upon
not for agriculture placed areas customarily used
which the project was supposed
outside the control of local people, while (4) the
to be based. The allocation
transfer of farmland to private ownership removed
process had also left many
access by others to what had been common property
conflicts, both within Long Lan
resources; and (5) any conflicts were to be settled by
and between Long Lan and its
the authorities in change of applying the policy
surrounding villages,
(Fujita and Phanvilay 2008; Ducortieux, Laffort and
unsatisfactorily resolved by
Sachlokham 2005; Vandergeest 2003).
order from the District authority
without any inquiry into their
causes or the acceptability of
21 | P a g e
22. their resolution to the people concerned. the technical staff of PAFO were to act as
The CHESH Director saw this as their assistants transferring the received
unsustainable, leaving open the possibility information onto the maps and doing the
of resentment and possibly violent conflict necessary calculations to determine the
in the future. Due to these shortcomings, areas of the different zones.
she refused to accept the allocation and
ordered that it be done again: this time One important matter to be resolved
using the correct participatory during the second land allocation was lack
methodology and based on a fuller of fit between statutory categories of forest
understanding of the knowledge and and land use and those defined by the
customary practices of the Hmong spiritual beliefs and customary practices of
community. To this end an expert in Hmong. For example, the government’s
Hmong culture, a key farmer from On Oc category of ‘restricted forest’ was designed
for the purpose of biodiversity protection
and genetic species preservation; for the
Long Lan people ‘restricted forest’ is
understood as ‘Pa Tong Xeng’ - forest
areas to be preserved for the protection of
the spirits of the land, trees and animals -
and ‘Pa Xa’ – forest areas preserved for the
protection of human spirits (Pa Xa
containing burial grounds). Similarly in the
case of ‘protected forests’: in statutory
terms, ‘protected forests’ are for watershed
protection and the prevention of erosion.
Cultivation is not allowed in such areas
although some limited production and
livelihood activities are permitted. For the
Long Lan people, watershed protection and
erosion prevention were also seen as
necessary, but is understood in terms of
protecting water spirits, and the relevant
forest area is defined as available for a
wide range of livelihood activities such as
the gathering of non-timber forest products
for food, herbal treatments and handicraft
materials. In the case of ‘production
Figure 12: Ceremony for land use right certificate forest’, this is understood in statutory terms
granting (CHESH Lao, 2005) as available for commercial crop
production: mono-crops and industrial
village in Vietnam where TEW had
plantations (rubber, coffee) – uses which
worked previously on land and forest
invariably result in soil exhaustion. For
allocation, was employed to live in Long
Long Lan people this type of land use,
Lan for six months and write an extensive
described as “Pa Phom Lit”, does not
report on Long Lan culture and customs.
constitute a customarily usage. The
On the basis of this new understanding, the
customary Long Lan term for ‘production
land and forest allocation process began
again in 2005 with a changed organization: forest’ is “Pa Xom Xai” by which they
mean forest “available for use and harvest”.
Long Lan villagers were to control the
process making all the important decisions It describes areas available for local people
to use in daily life for harvesting for food,
on determining land use boundaries and
22 | P a g e
23. housing materials, and medicines, and for conflicts, both within Long Lan and
the practicing of local knowledge aimed at between Long Lan and surrounding
maintaining the land’s biological diversity villages. Here the way forward was
and natural fertility. Mono-crop and initiated by the elders of Long Lan, and
plantation production is not allowed in involved a carefully considered and
such areas; commercial activity is allocated inclusive process of step by step
to non-forested land outside the Long Lan negotiation which among other things
border that has been purchased from showed up the inadequacy of the top-down
surrounding villages. process of conflict resolution utilized in the
first aborted land allocation process. In the
Another illustration of the practical case of conflict within Long Lan the
differences between the ‘statutory’ requirement was that the disputing
allocation of land for production and the households be satisfied with the resolution
‘customary-local-knowledge’ based and that the conflict be resolved according
allocation of such land was the allocation to customary law. There were four step in
of land for cattle raising. Under the this process: first the disputing households
statutory definition only one area of land would be brought together to discuss the
was allocated for cattle raising, but as the dispute and reach a settlement themselves.
Long Lan people pointed out cattle need at If a settlement was reached then it would
least two areas – one for the wet season be certified by the village leader. If not, the
and one for the dry season, and pigs need a disputants would meet with elders and clan
different area from cattle. Furthermore, leaders to discuss a settlement together. If
under the ‘statutory’ procedure, cattle and the dispute still remained unresolved then
vegetable growing areas were allocated the whole village would be involved in the
separately and exclusively: but in Long discussion. Finally, if no resolution was
Lan people used these areas alternately forthcoming, the elders would impose a
with the cattle fenced out of the vegetable settlement.
growing area during vegetable growing but
allowed in during the fellow period to help In the case of disputes between
revitalize the soil with their manure. Thus villages, the aim was for the households
land allocation according to local concerned to feel satisfied with the
knowledge and farming practice produced resolution so that solidarity between the
a far more diverse set of land use two villages would be strengthened for the
allocations than could easily be mutual work of forest protection. There
accommodated within the standardised were four steps to this process: first the
statutory categories. Essentially, the causes of the conflict were identified and
process was one of fitting multiple and the disputing households brought together
specific spiritual and practical conceptions to discuss a settlement. If a resolution was
and practices of land use into the restrictive found, then it would be certified by the
standardized categories of state forest law. village leaders. If not, the elders and
The solution was to retain the statutory disputants together would observe the
categories, as was required by law, but to situation in the field and discuss ways of
change their content to fit customary and settling the dispute on site. If still there was
local practice, thereby producing a set of still no resolution, the case will be brought
boundaries much more in keeping with to representatives of the two villages, and
spiritual and practical reality of the Long only as a last resort would the case be
Lan people. brought to the District authorities for a
decision.
Another important matter to be
resolved by the second allocation was
23 | P a g e
24. The second land allocation was representatives of Long Lan and the 12
completed in December 2005 with the surrounding villages to share their ideas
community and each of the households in with the District forestry authorities. This
Long Lan receiving land certificates in a resulted in a fourth draft of the regulations.
ceremony organised by the District The last step was the final synthesis and
Chairman. By achieving the mutual typing of the regulations into a 22 page
adaptation of customary and statutory law, document for sending to the District
scientific and spiritual values, and authorities for approval. Official approval
technical and local knowledge, a land of the “community regulations on natural
allocation plan aimed primarily at forest resource management and land use
preservation had been arrived at that was practices of Long Lan based on customary
acceptable to both state and village, and law of Hmong” was given on 21 December
the surrounding 12 affected villages10. The 2005. This was then disseminated to the 12
task now was to build a set of community villages surrounding Long Lan.
regulations based on customary law to
govern the designated land and forest uses. This was the first time that land use
This again involved a carefully considered, regulations produced by a village based on
step by step, and inclusive process. their own customary law had been certified
by District authorities in Laos. The careful
The first step was for the elders, step by step process of inclusion and
spiritual leader, and other prestigious and negotiation was essential for gaining the
knowledgeable people of Long Lan to agreement of both government authorities
record their customary law and practices of and the 12 surrounding villages. The most
forest protection, land use, and cultural difficult step was gaining the District
identity preservation. These were then authorities initial approval for customary
introduced to other groups in the village - regulations, as in many instances these
youth, women and elders – to gain the differed from what were prescribed in law.
agreement of the whole village for a first For example, the law provides for fines of
draft of ‘community regulations in natural 50,000 Kip for violations of land use
resource management based on customary regulations, but the Long Lan customary
law of Hmong’. The second step was to regulation were more severe, providing for
present this draft of community regulations fines of 300,000 Kip and 500,000 Kip.
to District and Provincial agriculture and Under state law people are free to cultivate
forestry authorities for them to study and any type of crop on production land, but
debate their compatibility with state under the Long Lan regulations they type
regulations. Step three was to organise a of crops they could cultivate were clearly
meeting between forestry officials and defined. Again, according to state law,
Long Lan villagers to discuss differences land should not be left fellow for a long
and come up with a second draft. The time (a stipulation that results in rapid soil
elders and village leaders of the 12 Khmu, depletion), but according to Long Lan
Lao and Hmong villages surrounding Long regulations land can be left fellow for
Lan were then invited to consider the sufficient time to regain its fertility.
regulations in terms of their own needs,
concerns, traditional culture and practices. Following the implementation of
Their contributions resulted in a third draft. customary law regulation on natural
A conference was then organised between resource management, commitment to the
protection of the Phu Sung forest, and
10
12 Villages with Lao, Khmu and Hmong solidarity among Khmu, Lao and Hmong
populations border on the Long Lan forest and are living in the area was strengthened. With
to varying degrees dependent upon access to it for the collaboration of neighbouring villages
non-timber forest products.
24 | P a g e
25. the Long Lan forest protection team was training, Mr Bunchin, vice head of Nam
able to taken a number independent actions Kha village replied, “because when we
to protect the forest. Cases of forest being visited Vietnam, we saw what Vietnamese
cut for cultivation by outsiders, and of farmers did and we wanted to try. Now,
herbs being collected for trade, were the result is good, so we want to expand to
settled with appropriate fines. Three men the whole village.” Later, when the
discovered stealing rare timber were jailed, growing and marketing of a native species
and a private company planning to rent of garlic was seen to offered higher
forest land for coffee production was returns, they took that up. With the support
stopped. In 2008, the ‘Phu Sung’ forest of women from Xieng Da, the Nam Kha
was approved by the Luang Prabang women developed weaving and tailoring
provincial authorities as a Natural and groups, and in cooperation with Xieng Da
Cultural Preservation Area. they established an animal husbandry and
veterinary team to support livestock
Outcome raising. As a result of improvements to
village hygiene, cases of malaria and
T he second phase of the CHESH-Lao
Program had as its objective
‘strengthening the key-farmer
network in Luang Prabang for sustainable
development’. To achieve this objective it
diarrhoea diminished, and in 2005 Nam
Kha was awarded a title of “clean village”
by Nam Bac district.
provided a range of study tours and
practical training opportunities for key
farmers to establish ‘interest groups’ in
crop production, animal husbandry and
veterinary services, women’s weaving,
and saving and credit. In Long Lan the
focus was on securing community rights in
natural resource management: in Xieng Da
and Nam Kha it was on improving their
material and spiritual life. In Xieng Da, the
restoration of the temple which began
during the first phase and was completed
during the second brought about a
dramatic revival in religious and cultural
practices which also raised the villagers’
spirits for participation in economic Figure 13: "Con' Performance of the H'mong in the New Year (CHESH Lao, 2007)
developments. In Nam Kha, when CHESH
began working there, the people had been In Long Lan, the land allocation
considered by many Lao officials to be programme and the promulgation of
‘backward’ and unwilling to learn. But in regulation on natural resource management
their participation in the CHESH Lao based on the integration of customary and
Program they had demonstrated the state law was a first for Luang Prabang
opposite. In the CHESH approach province and possibly all of Laos. Here the
villagers were encouraged to come up with CHESH Lao Program had had a major
their own solutions and develop network success in producing a model of land and
connections. When an official of Nam Bac forest allocation for application elsewhere
district asked why Nam Kha villagers had in Laos. The land allocation project
not transplanted wet rice before when improved the capacity and confidence of
district technicians came to provide
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26. the technicians with regard to community- such methodology as a live example for
based land allocation processes in other other villages in Luang Prabang province
villages. For Mr Xulyvan, a technician of to learn from.” The leader of Nam Bo, one
Luang Prabang district, “the land of Long Lan’s neighbouring villages also
allocation of 2005 was done better than stated “I will learn the lessons of Long Lan
that in 2004 as both villagers and to apply it in my village.” To build upon
technicians didn’t have enough this success, the next phase of the CHESH
understanding then. Now we organize Lao Program would focus on promoting
better: staff just do the work relating to “customary law and local knowledge in
technique, the remaining is decided and natural resource management in the
done by villagers. Both people and we watershed areas in Luang Prabang
understand more. Now I can organize an province”.
independent land allocation programme.”
And as Mr Silavan, Director of Agro-
forestry Extension Board of the Ministry
of Agro-Forestry in Laos commented,
“land allocation programmes started in
Laos in 1989, but staff lacked knowledge
and experience, they just allocated land to
the people without concerning other issues
like customary law integration. There was
no document guiding how to implement
land allocation, so each province practiced
in a different way. We should learn
experience and lessons from CHESH Laos
in land allocation. We have to maximise
people’s participation. Staff must be
equipped with enough knowledge. We
need to understand this ideology.”
Similarly, Mr Somphong, Director of
Luang Prabang Department of Agriculture
and Forestry Office (PAFO), said after the
land allocation was completed, “Now I
understood constraints on natural resource
management through the case of land
allocation in Long Lan. We must change
our ways of working as well as enhance
the capacity and awareness of our staff.”
As part of the land allocation
process, community regulation based on an
integration of customary and formal law
were established in Long Lan to govern
natural resource use and management and
agreed to between Long Lan and its 12
surrounding villages. On this issue, Mr
Somphong stated “I think the method of
setting up communal regulations in Long
Lan is very reasonable and appropriate. Its
content is also very specific. I will apply
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27. PHASE THREE: 2006-2009
Democratic Republic and the
concerns of the people”.
Strengthening the
Network of Customary The next phase of the CHESH Lao
programme would focus on
Law in Natural “Strengthening the network of customary
Resources Management law” in watershed forest management. The
aim was to continue with the
decentralization of natural resource
B y July 2006, the CHESH-Lao
Program had passed through two
phases: From 2001 to 2003,
“Community development based on
cultural identity”, and from 2004 to 2006,
management to the village level for
management by customary law and the
promotion of grassroots democracy. This
was to be done by strengthening the
customary laws of natural resource and
“Strengthening the key-farmer networks in community management in Long Lan,
sustainable community development”. The Xieng Da and Nam Kha by encouraging
achievements of these two phases had been the development of and linkages between
highly appreciated by Lao authorities. those interest groups based upon
According to Lao Central and Provincial traditional knowledge in the use and
authorities in an evaluation meeting in managing natural resources, i.e., herbal
March 2006: medicine, textile handicrafts, forest
protection, and ecological farming.
“CHESH Laos has proved its Opportunities would be created for key
approach’s effectiveness and farmers, village leaders and district
impact to the locals. The objectives authorities to discuss together the
of the program meet with difficulties faced by each community and
principles of sustainble find grassroots, customary law based
development in which organic solutions for them. In this way it was
relations of human ecology are at intended that emerging new intiatives,
the center. The capacity of the involving the integration of customary and
people in the three villages of statutory law, would be brought into the
Xieng Da, Long Lan and Nam Kha wider polcy making process. Eventually, it
have been enhanced, and they are was envisaged, a Farmer Field School11
now able to identify their own would be established in Luang Prabang
development orientation. The province as a specialized facility for
program has helped them escape villagers, young and old, authorities at all
their poverty situation. Community levels, and researchers and academics to
as well as families have their own undertake action research in traditional
right to land and forest based on
the indigenous knoweldge system 11
and customary law. From starting Farmer Field Schools (FFS) are a TEW initiative
aimed at ethnic minority youth who are inspired to
as a poor village, Nam Kha – practice their own traditions. Young ethnic
Khmu minority - has become a well minority students gain experience through practice
developed community. Therefore, and study at small model farms at the FFS. It is
CHESH Laos meets the orientation hoped that some of these students will become
and policies of Lao People’s future leaders in their own communities and
demonstrators of a more sustainable and secure
Revolution Party and Lao People’s vision of society.
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