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PASTURE GOVERNANCE: An example of complexities of NRM in Bhutan

PASTURE GOVERNANCE: An example of complexities of NRM in Bhutan. Presentation to the 2 nd Asian Judges Symposium on the Environment 3-5 December 2013 , ADB Headquarters, Manila Ms. Nima Om, Legal Officer, Ministry of Agriculture and Forests, Bhutan. Presentation Outline. Background

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PASTURE GOVERNANCE: An example of complexities of NRM in Bhutan

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  1. PASTURE GOVERNANCE: An example of complexities of NRM in Bhutan Presentation to the 2nd Asian Judges Symposium on the Environment 3-5 December 2013 , ADB Headquarters, Manila Ms. Nima Om, Legal Officer, Ministry of Agriculture and Forests, Bhutan

  2. Presentation 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

  3. Background

  4. Chronology of the Legislation

  5. Pasture under Bhutan’s Context

  6. Pasture Land Rights prior to LA 2007 • Allowed inter district migration • Right to: • Register pasture land on Individual and Community • Grazing -grazing fees irrespective of area owned • Protect against trespassing and encroachment • 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

  7. The Nationalization of Pasture land: Annulment of right to ownership • Pasture land reverted as: • Government Land in the urban areas • Government Reserve Forest in rural area • Mandated to put on leasehold(rural areas) with the Management Plan • Annulment of grazing rights : • After 180 days of disowning Livestock • Abandonment of the place of domicile(Highlanders) Changes in Pasture Rights with LA, 2007

  8. Leasing Eligibility : • Preference to previous right holders, Individual /community • Herd size and Possession of Livestock except Highlanders • No subleasing except by the highlanders • Entitled to cash compensation based on the registered area • Prohibitions : • No other purpose except pasture • Construction of any permanent structure Changes in Pasture Rights with LA, 2007

  9. Positive outcomes intended by LA 2007

  10. Implications of LA 2007

  11. Administrative & implementing issues

  12. 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 Conclusion

  13. Tashi Delek !

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