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Report on customary law of local ethnic minorities in the Central Highlands in the management and use of natural resources

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Authors: Tropenbos Viet Nam

Viet Nam - 2021

Language: Vietnamese

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In human society, nature has always been the foundation for human existence and development.
The relationship between humans and the natural environment around them is always an organic one, deeply intertwined. This is especially true for rural and mountainous communities, particularly ethnic minority groups whose living spaces are closely connected with forests, land, and water resources.

Because they live in harmony with nature, ethnic minority groups, especially indigenous peoples, have found ways to interact with both each other and nature in a balanced and reasonable way. To maintain this sustainability, they have created principles and rules known as customary laws, which are applied in daily life to maintain order within their communities and to protect the natural environment where they live. In fact, many indigenous groups have effectively maintained and protected their living spaces through such customary laws, without needing external intervention.

However, as society continues to develop, the gap between traditional lifestyles and modern living is narrowing. Many social structures not created by the community have been imposed over long periods, leading to the gradual erosion of customary laws. The result is deforestation, land degradation, water pollution and depletion, as well as increasing inequality and conflict over access to resources between ethnic groups and other entities.

There has been a perception that the approach of customary laws in managing and utilizing natural resources (NR) is less effective than modern societal models. However, many international NR management programs have recently proven the indispensable role of customary laws in the sustainable management and use of natural resources. For example, the international REDD+ initiative has placed great emphasis on the role of customary laws and indigenous knowledge in reducing greenhouse gas emissions from deforestation and forest degradation. In similar cases, the exploration and application of indigenous knowledge is seen as a sustainable approach for many countries in addressing the shortcomings of modern society, particularly in NR management and utilization. In the global trend of legal diversity, even developed countries are using both formal laws and customary laws in their governance.

In Vietnam, the terms "sacred forest" and "living space" have recently been recognized and incorporated into major legislation such as the 2017 Forestry Law. Article 2 of this law defines: “Sacred forest is a forest tied to the beliefs, customs, and traditions of the local communities living in and around it,” and Article 14 stipulates: "Respect the living space, customs, and traditions of local communities; prioritize forest allocation to ethnic minorities, households, individuals, and communities with customs, traditions, beliefs, and cultures connected to the forest, and with village conventions and regulations in line with legal provisions." For the first time, this law has recognized local communities, including ethnic minorities, as forest owners, granting them land and forest rights for sustainable management and use. These regulations have garnered widespread support, not only from forestry policy implementers but also from the community, local people, and other stakeholders. In another specific aspect, the government has issued the Grassroots Democracy Regulation (under Directive No. 30-CT/TW of the Politburo in 1998) with the aim of promoting the value of customary laws in building new village conventions.

However, despite the Vietnamese government having established a relatively comprehensive legal system for NR management and use (such as the Land Law, Forestry Law, Biodiversity Law, and Water Resources Protection Law), the role of customary laws within this system is still not sufficiently recognized. The lack of adequate acknowledgment of customary laws has, in part, created challenges for local policymakers and implementers in managing and utilizing natural resources in ethnic minority regions. For instance, the nationalization of natural resources, particularly the establishment of special-use and protection forests in sacred or burial forests of many ethnic minority groups, or the allocation of forests to local People’s Committees for temporary management, while simultaneously abolishing customary regulations in these areas, has left many forests "ownerless." Similarly, one of the causes of increasing social conflicts over NR access, especially between local people and state actors in the struggle for forest and forestry land management rights in the Central and Central Highlands regions over the past decade, is the diminishing role of customary laws, or conflicts between formal laws and customary laws.

In Vietnam's Central Highlands in general, and the Srepok River Basin in particular, where many indigenous peoples reside, customary laws have long been an effective tool for managing all aspects of life. Today, in response to the need for increased self-governance and social consensus in preserving and promoting indigenous cultural values, customary laws once again have the opportunity to play a crucial role, particularly in NR management and utilization by the local population.

As a science and technology organization (STO) working in NR management tied to the livelihoods of rural and mountainous communities in the context of climate change in the Srepok River Basin, Central Highlands, the Tropical Forestry Research Center (Tropenbos Viet Nam) is highly concerned with how to leverage the positive values of Central Highlands customary laws in NR management and use, in alignment with the current political system. Therefore, Tropenbos Viet Nam has undertaken a research report on "Institutions and Customary Laws of Indigenous Ethnic Minorities in NR Management and Utilization in the Central Highlands" as a foundation for policy recommendations on integrating these customary laws into local and national legal frameworks. 

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