PASTURE GOVERNANCE: An example of complexities of NRM in Bhutan

Presentation to the 2nd Asian Judges Symposium on the Environment3-5 December 2013 , ADB Headquarters, Manila

Ms. Nima Om, Legal Officer, Ministry of Agriculture and Forests, Bhutan

Presentation OutlinePresentation Outline

• Background• Legal Framework on

Land• Pasture rights : Pre -

Post Land Act(LA),2007• Positive Outcomes

intended by LA,2007• Implications of LA,2007• Administrative and

Implementing Issues• Conclusion

BackgroundBackground

Chronology of the Legislation Chronology of the Legislation

Pasture under Bhutan’s ContextPasture under Bhutan’s Context

Pasture Land Rights prior to LA Pasture Land Rights prior to LA 20072007

Allowed inter district migration Right to:

a) Register pasture land on Individual and Community

b) Grazing -grazing fees irrespective of area owned

c) Protect against trespassing and encroachment

d) Apply for conversion of the Pasture land to private ownership, if the right holder has a insufficient cultivable land

Compensation, if the pasture land is allotted to the landless people by the government

Pasture land can be let- out with the permit from government

The Nationalization of Pasture land: Annulment of right to ownership

Pasture land reverted as:

a) Government Land in the urban areas

b) Government Reserve Forest in rural area

Mandated to put on leasehold(rural areas) with the Management PlanAnnulment of grazing rights :

a) After 180 days of disowning Livestock

b) Abandonment of the place of domicile(Highlanders)

Changes in Pasture Rights with Changes in Pasture Rights with LA, 2007LA, 2007

Changes in Pasture Rights with Changes in Pasture Rights with LA, 2007LA, 2007

Leasing Eligibility :

a) Preference to previous right holders, Individual /community

b) Herd size and Possession of Livestock except Highlanders

c) No subleasing except by the highlanders Entitled to cash compensation based on the registered area

Prohibitions :

a) No other purpose except pasture

b) Construction of any permanent structure

Positive outcomes intended by Positive outcomes intended by LA 2007LA 2007

Implications of LA 2007Implications of LA 2007

Administrative & implementing Administrative & implementing issues issues

ConclusionConclusion

Change in Policies have changed the land use

Implications on the livelihood of livestock depended farmers

Loss of traditional local institutions and replaced by national law

Challenge with the legislation: Need to change and adapt with the changing need

Tashi Delek !Tashi Delek !