Thalath” Vientiane province:
National Assembly members have called for a new strategy to be put into place when amending the National Land Policy” in an attempt to eradicate legal loopholes relating to land disputes.
The National Land Policy Strategy was the first item on the agenda at the National Assembly's intersession” which is currently taking place.
Speaking during inter-session talks on Monday” National Assembly member for Luang Namtha province” Mr Kongphet Keobuapha” said various options would be explored.
Mr Siphandone Sihavong introduces the draft policy.
“I would like a strategy to close the loopholes regarding land compensation” which often cause disputes between the public and government officials.”
Mr Kongphet said that very often disputes cannot be resolved under the existing Land Law – in particular disputes over land loss and the compensation offered in cases of land transfer. A particular problem is that people heading up development projects take advantage of get-out clauses in the legal system. He said many land concession contracts and agreements had not stipulated precisely who among the involved parties would be responsible for providing compensation.
“This area of law should make it essential for the initial land concession agreements to stipulate who is responsible for dealing with land compensation” to avoid parties pointing fingers at each other”” Mr Kongphet said.
To tackle the problem” a draft policy was introduced at the meeting by the Director General of the Land Management Department under the Ministry of Natural Resources and Environment” Mr Siphandone Sihavong.
The policy aims to ensure that the development” management” and use of land is consistent with the view that land is a natural resource that belongs to the entire nation” and should be used to enhance socio-economic development.
It also aims to protect natural resources” promote environmental sustainability” and ensure that Lao citizens can maximise the benefits derived from the use of land.
Despite previous attempts to solve land-related issues through policy amendment” the government has struggled to effectively police problems countrywide. This has led to uncontrolled illegal holding of the right to parcels and land transfers. Dr Souvanpheng Bouphanouvong from the Economic Planning and Finance Department at the National Assembly” who was also present at the intersession on Monday” argued that the complications regarding land concessions had arisen because of imprecise land management mechanisms and the recognition of traditional land rights.
Saying that government-led attempts to provide land titles could not cover the whole country” she urged fellow National Assembly members to actively participate in discussions on land policy. They should aim to reform laws relating to forestry” agriculture” water resources” mines” environmental protection” housing” and urban planning and heritage sites.
A draft amendment of the National Land Policy was previously submitted to the National Assembly” but failed to be adopted.
Dr Souvanpheng said she was not confident that” on the second time of asking” the document would be adopted at the upcoming ordinary session of the National Assembly” as land issues were complicated and sensitive.