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Two main types of land conflict. It is also important to differentiate between
two types of land and resource conflicts:
n A “land dispute” involves conflicting claims to rights in land by two or
more parties, focused on a particular piece of land or resource, which can
be addressed within the existing legal framework. These may include cases
involving inheritance, boundary disputes, legal titles, and commercial
transactions. Such land disputes may or may not reflect some broader
conflict over land.
n By contrast, a “structural land conflict” involves competing claims to large
areas of land by groups, of a breadth and depth not easily resolved within
existing law. There is often no consensus on the rules to be applied, and
the parties may have quite different understandings of the nature of the
conflict. As used by studies in this paper, “conflict” implies tension and
the danger of violence, but not necessarily violence itself, unless this
is specifically mentioned. Latent conflicts based on structural or other
fundamental problems may be triggered by events to turn violent.
All the country studies here focus on structural land conflicts. Many of these
land conflicts raise questions of land governance, as they are related directly
to national and local government policies, and to decisions of public officials.
They involve not just individuals or single families but may affect entire
neighborhoods and communities in significant numbers, causing physical and
psychological harm, with extensive impacts on their social, economic, and
political lives, as the studies will show.
Methodology and data sources
For the land conflict studies from Indonesia, Nepal, and the Philippines, the
researchers themselves collected and analyzed hundreds of land conflict
cases collected from both primary and secondary data sources. On the other
hand, the land conflict studies from Bangladesh and India are based entirely
on secondary sources. For the Cambodia study, STAR Kampuchea engaged
with the Provincial Government of Kampong Chhnang Province to study the
mechanisms for conflict resolution at the local level.
Table 1 on page 14 shows the sources of data collection on land conflict cases.
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
self-determination, stifling of protests, or curtailment of political and civil
rights).