1. 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

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 State ownership Private ownership

4. Chronology of the Legislation Chronology of the Legislation 2012 - The Land Bill,2012 was submitted to the Parliament & was deferred till further instruction 2011 - Ministry of Agriculture & Forest(MoAF) reviewed Land Act 2007 2008 - Land Act 2007 was adopted by the erstwhile National Assembly of Bhutan 2004 - Ministry of Agriculture reviewed1979 Land Act 1979 - Superseded by 1979 Land Act (28 Years) 1953 - Land use was governed by the first legislation in Bhutan; i.e Thrimzhung Chenmo

5. Pasture under Bhutan’s Context Pasture under Bhutan’s Context

6. Pasture Land Rights prior to LA 2007  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

7.  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 Plan  Annulment of grazing rights : a)After 180 days of disowning Livestock b)Abandonment of the place of domicile(Highlanders) Changes in Pasture Rights with LA, 2007

8. Changes in Pasture Rights with Changes in Pasture Rights with LA, 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

9. Positive outcomes intended by LA 2007 Equitable resource access to livestock farmers Enhanced livestock productionCreating opportunities to rural settings Possibility for improved fodder & cattle breeds Reduction of local cattle equals benefit to environment

10. Implications of LA 2007 Discontinued the annual permit fee collection since 2007 Concerns on discontinuatio n of inter- district migration after 2018: Affect on Livelihood Restricting from accessing other income opportunities More pressure on the environment – concentration of more cattles on the limited pasture Conflicts of encroachment between previous right holders and the new users Confusion amongst local people and implementers Issues on non compensation VS annulment of pasture ownership May not be economically viable to pay the lease fee in comparison to their hardship equals reduction in no of livestock dependents

11. Administrative & implementing issues Confining lease under one district Lease to be provided only from reverted pasture land(what if the reverted pasture is not enough) Conflicts may arise on the grazing rights and access to natural resources How to provide preference to multiple owners/communities having right over the same pasture The Management plan may not be feasible for the Alpine and Sub-Alpine regionNo proper record of the actual area

12. Conclusion Conclusion  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

13. Tashi Delek !