Conflicts over land rights have had courts working overtime during the past year, with inadequate mediation systems in place.
The issue was raised in the Supreme Prosecutor's report to the 9th Session of the Sixth Legislature of the Lao National Assembly which opened yesterday.
The People's Prosecutor General, Mr Somphanh Phengkhammy, told the session that land conflicts are the most common case appearing before courts so far in the 2009-10 fiscal year.
“There were 590 land conflict cases over the past year, arising from property inheritance, trading of land, the use of land as a guarantee, the transfer of land rights, unclear occupation rights, project and concession land rights, and use of state land by individuals,” he said.
Mr Somphanh said the primary reason for the rise in conflicts is because land ownership has become a more commercial practice and prices have increased dramatically in recent years.
“Increasing land prices have seen more competition for land rights, while government control is not totally effective, as the relevant laws and justice acts are not tight and contain loopholes.”
Mr Somphanh cited conflicts arising from the trading or transfer of land rights as common examples.
“For example, someone may sell land which actually belongs to their neighbour or is really a public road. Another common point of conflict arises when the actual land area doesn't match that outlined in official documents. The sale of land by someone who is not the actual owner is another frequent problem.”
In regards to conflicts over project and concession entitlements, Mr Somphanh said disagreements usually arise when government approved projects or land concessions encroach on land that belongs to a number of different families.
“Sometimes local authorities grant land concessions for areas that exceed the legal limit, or for areas that trespass on to residential or National Protected Areas.”
According to the report, other widespread problems that have occurred include agencies issuing documents without adhering to legal procedures, and granting the same land title to different people. This indicates a lack of adequate controls over the issuing of land titles, according to the report.
“Incomplete information and evidence provided by parties involved in lawsuits also creates difficulties for courts and justice officials, along with different procedures at different levels of court, and new evidence presented after proceedings have begun,” Mr Somphanh said.
“Gaps in the laws and regulations, the subjectivity of judges' decisions, a lack of distinct legal definitions, and a lack of transparency by some justice and law enforcement officials also serve to complicate the problem.”
To remedy the situation, Mr Somphanh suggested the relevant sectors seek ways to improve and clarify land and planning policies, address measures to facilitate the resolution of land conflicts, and to revise and improve laws and regulations relating to land management to ensure they are appropriate for the current social and economic environment.
By Times Reporters
(Latest Update June 15, 2010)
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Topic: Land conflicts keeping justice officials busy (Read 475 times)
