Amended law highlights villagers' rights

A National Assembly (NA) member for Savannakhet province, Dr Ty Phommasak, confirmed yesterday that villagers have the right to remain on their land if they are not satisfied with compensation from land concession projects.

Land concessions which directly affect villagers' land is a chronic issue and one of the areas of concern highlighted by NA members for discussion during the second day of debate on amendments to the current forestry law.

Dr Ty, who is also the Deputy Minister of Agriculture and Forestry, said the ownership rights of local residents must be taken into account.

“All actions must be controlled by the rule of law. If a concession affects a community's land, businesspeople must go through appropriate negotiations and eventually agree on adequate compensation,” he said.

“But if these bilateral negotiations fail to reach an agreement, and people refuse to move, we cannot force them. We have to respect their rights because they have owned and paid taxes on their property for a long time.”

Once the draft for the amended law is approved, it will also serve as a tool for the protection of forests. The amendment indicates that forestry investment projects must focus primarily on deforested areas and forests in poor condition - land currently spanning approximately 6 million hectares through Laos .

The amendment is at present being examined to ensure it does not conflict with current law for the promotion of investment projects, as well as existing industrial and commerce law, with attention on the clear definition of responsibility for timber movement, management and production.

Although the amendment aims to merge with existing laws, future conflicts may be unavoidable, as has occurred in the past, particularly in the construction of hydropower plants, which have had marked effects on forested land.

“We declare conservation areas for our nation's benefit, but this is also true for power plant construction. We have to weigh the two and decide which one leads to more positive outcomes for the nation,” Dr Ty said.

He added that although impacts cannot be avoided, they can be reduced through seeking effective measures for preserving the environment.

Another member, for Xieng Khuang province, Ms Bouaphanh Likaiya, said residents in parts of the province had suffered due to land concessions around their homes.

“Locals have told me that the land on which they grew sugarcane and bananas, which they sold as a family business, had been taken away by land concessions. This is land they will never get back,” she said.

She stated, however, that national progress cannot avoid affecting people's assets, but this should only occur with enough compensation to ensure people are truly willing to give up their land.

Similar land issues in Mokmay district in Xieng Khuang province were settled through the cooperation of NA members and district authorities, with concessions given to domestic investors.

Concessions involving foreign investors remain to be resolved, said Mrs Bouaphanh.

She said she did not expect much from the newly amended law in its dealing with the issue, if officials who put the law into practice did not change their attitudes and working methods. (source: Vientiane Times)