Lao People’s Democratic Republic Peace Independence Democracy Unity Prosperity ------------------------
Ministry of Agriculture and Forestry
No. 0054/AF
Decision of the Minister of Agriculture and Forestry regarding the customary use right of the forest resources
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Pursuant to the Prime Ministerial Decree No. 99/PM, dated 19 December 1992, regarding the land;
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Pursuant to the regulations No. 0429/AF, dated 18/06/1992, of the Ministry of Agriculture and Forestry with regard to the management of forest resources at village level;
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Pursuant to the Prime Ministerial Decree No. 102/PM, dated 3 July 1993, regarding the management and administration by the village authorities;
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Pursuant to the Prime Ministerial Decree No. 169/PM, dated 3 November 1993, regarding the management and use of forest and forestland; and
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Pursuant to the Prime Ministerial Decree No. 186/PM, dated 12 October 1994, regarding the land and forest allocation for tree planting.
The Minister of Agriculture and Forestry issues the Decision as follows:
Chapter I
General Principles
Article 1: Purpose The purpose of this Decision is to explain in detail the provisions of the above Prime Ministerial Decrees with regard to the customary use right of the forest, forestland and forest products which the Lao multi-ethnic people have used since a long time and not against the laws and regulations. This Decision is issued on the basis of the specific contents of Article 4, paragraph 3 of the Prime Ministerial Decree No. 169/PM, dated 03 November 1993, regarding the management and use of forest and forestland.
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Article 2: Definition of customary right The customary right is the rights and obligations of the individuals, group of people or families that existed since a long time based on the custom which recognized and guaranteed by the laws of the Lao PDR. Generally, the customary right is not clearly written but it is a genuine right that has been used in accordance with the tradition and not against the laws and regulations of the Lao PDR at present.
Article 3: Definition of customary use Customary use is the results of utilization that have been practically implemented with the following characteristics: -
The customary use and the practice that have been implemented on a continual basis in the forest and forestland area which are not prohibited.
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Existed since a long time at least a generation.
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A general principle that is widely expanded among the group of people or families.
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The individuals, group of people or families consider that the custom has created this right and obligation among them.
Article 4: Customary right is independently exercised The customary right with regard to the use of forest, forestland and forest products is independently exercised and in compliance with the laws and regulations, e.g., the collection of forest products, firewood for household use, hunting and fishing of certain species which are not prohibited, and other customary use rights that are not against the laws and regulations, other people’s benefits or organizations.
Article 5: Transfer of customary right The customary right of using the forest resources can be transferred by inheriting and other methods recognized by the custom of a group people or families who are Lao citizens only.
Article 6: Restriction and withdrawal of customary right The customary right can be recognized, restricted, expanded or revoked by the following methods only: A. By disappearing little by little from its original state; B. By the consent of the customary right holder or user who wishes to restrict, expand, exchange and give up such right; and C. By the law.
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Chapter II
Protection of customary right and conflict resolution
Article 7: Protection of customary right The customary right that is being recognized and exercised by user and the third party shall not be against the laws and regulations promulgated.
Article 8: Customary right conflict resolution The request for customary right or the claim for right in a proper manner of the individuals or group of people shall be settled through the method of mediation which is based on the antiquity of the fine tradition of the Lao people at village level. If the conflict resolution is not successful, the case will be submitted to the People’s Court to settle in accordance with the laws and regulations.
Article 9: Compensation for loss The law that restricts or revokes the customary right of using the forestland and forest resources shall be subject to compensation for damages in every aspect of the lives of the producers who use such rights. Compensation may be in the form of money or provision of a new way of living in an appropriate manner as follows: a. Compensation for the resettlement. b. Support for the change or resettlement and assistance during the period of resettlement into a new location. c. Support the customary right holders by upgrading their living conditions equivalent to the same former level in terms of income generation and the production.
Article 10: Customary right of using forest resources in the village forest management area 1. The right of collecting forest products for household consumption, e.g., collect firewood, mushrooms, wild vegetables, bamboo shoots, traditional herbal medicines or other nontimber forest products which are not prohibited in the agreement of the village forest management. The cutting of natural timber which are not prohibited species for house repair and renovation in the management and conservation area shall have to comply with the regulations of the Ministry of Agriculture and Forestry.
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2. The right of harvesting the forest products that are abundant in the non-prohibited area for commercial purpose must be within the extent that allows the forest products to be able to sustain and expand in that area, but must be approved by the forestry section with agreement from the district authorities.
3. The right of hunting and fishing of non-prohibited species outside of the protected zone and in compliance with the laws and regulations.
4. The right of using degraded forestland or barren forestland that have been surveyed and allocated in accordance with the village socio-economic development plan which agreed by the land forest allocation committee or the organizations that have the authority at district level.
Part III
Final provisions
Article 11:
The village administration shall have the right to additionally make the specific
rules and regulations based on this Decision.
Article 12: This Decision shall enter into force from the date it is signed. The earlier versions that contradict this Decision shall be nullified.
Vientiane, 07 March 1996
The Minister of Agriculture and Forestry
(Signature and Stamp)
Sisavath KEOBOUNPHANH
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