The Recognition of The Recognition of Customary Tenure and Customary Tenure and

Communal Rights in Communal Rights in ChinaChina

Shengzhi Li Sichuan Academy of Social Science

Some in China’s HistorySome in China’s History

1.1. Before the liberation (1949) , Before the liberation (1949) , Aristocracy – Aristocracy – Family Control – CommunityFamily Control – Community, , The imperial The imperial power or authority does NOT go down to power or authority does NOT go down to countrysidecountryside..

2. 1949 – 1980: 2. 1949 – 1980: Collectivization and Collectivization and CentralizationCentralization, , every right belongs to the every right belongs to the collective collective

Some Factors in China’s HistorySome Factors in China’s History

3. 1980 – : 3. 1980 – : ReformationReformation, , Cross the river by Cross the river by feeling the stonesfeeling the stones

• Development and revision of Land laws, all Development and revision of Land laws, all emphasizes on collective property-right emphasizes on collective property-right

Beijing

Western China Western China

• One Village, > 1,000 km2, 10 households• Common affairs, both in production and daily-life • Customary tenure in Gonggashan N.R. • Communal rights and collective actions

2. Gongga Village

• One Village, 2,200 km2, 180 – 200 households• Government tried to divide and contract grassland to households in the last 20 years

3. Cuochi Village

• Community: still maintain nomadic production and life style with close cooperation with 4 – 5 households • Government: Too far to Monitor and CORRECT

• National Grassland Conservation Program + Wetland Conservation Program• USD 10,000 – 20,000/year, some > 50,000 /year • Direct to households, no serious monitoring and penalty

4. Ecological Resettlement

about USD 10,000/household subsidy, better social service

15

16

1960s -1972

May

June

August

November

17

1982-2000

May

September

AugustOctober

June

• 向传统学习向传统学习• 恢复移动性恢复移动性• 合作与合作社合作与合作社

18

2000-2012

Fenced Area in May Fenced Area in December

June - September

September - November

5. Reformation of Collective-owned Forest Land 5. Reformation of Collective-owned Forest Land

• Forest land allocated to households;• To classify households’ utilization rights, management rights of forestland, and property right of trees;• Resistance and procrastination of officers at grassroots level, regarding issues of efficiency and fairness, specially customary tenure; • Not completed after 10 years

6. Civil Society’s Intenventions

FutureFuture

3. 1980 – : Reformation, 3. 1980 – : Reformation, Cross the river by Cross the river by feeling the stonesfeeling the stones

• Granting land utilization rights to households, Granting land utilization rights to households, firstly 30 years, and then permanent; firstly 30 years, and then permanent;

• National conservation programs only National conservation programs only recognize household as a qualified unit but recognize household as a qualified unit but not collective;not collective;

• Privatization of collective-owned forest land;Privatization of collective-owned forest land;• Out-migration and off-farm employmentOut-migration and off-farm employment

FutureFuture

3. 1980 – : Reformation, 3. 1980 – : Reformation, Cross the river by Cross the river by feeling the stonesfeeling the stones

• Incentives given to cooperatives;Incentives given to cooperatives;• Enhancing rural governance Enhancing rural governance

FutureFuture

Communities ?Communities ?