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Table 4. Administrative mechanisms for dealing with land and resource disputes
Country
Administrative agencies
Bangladesh
The Ministry of Land is responsible for land administration and
management. Under the ministry, the (a) Land Appeals Board and (b) Land
Reforms Board serve as arbiters in cases involving khas lands, changes in
records, plot demarcation, and taxation.
Cambodia
There are several administrative mechanisms that provide arbitration over
land disputes.
(a) National Authority for the Resolution of Land Disputes (NARLD)
was established in 2006 primarily to assist the Council of Ministers
(and Prime Minister) to resolve disputes and by allowing greater
central government control of other institutions involved in land
management.
(b) National Cadastral Commission is an agency under the Ministry of
Land Management, Urban Planning and Construction (MLMUPC). It
identifies properties, establishes cadastral maps, issues ownership
titles and registers land. It works with the ministry to resolve conflicts
on land ownership and registration claims.
(c) Administrative Commissions at provincial level are under the
supervision of the MLMUPC. They receive objections, investigate
and settle disagreements in the process of establishing cadastral
maps and land registers. They resolve issues regarding “possession
claims.”
Indonesia
Under the 1960 Basic Agrarian Law, all land is classified as either private
or public. The two main Ministries that handle land administration are:
(a) Ministry of Agrarian Affairs and Spatial Planning/National Land
Agency (ATR/BPN) for non-public lands; and (b) Ministry of Environment
and Forestry for lands under the public domain. These ministries have
provincial and district offices. There is also a Department on Land Dispute
Settlement under the ATR/BPN. Also, the Ministry of Agriculture deals
with policies and investments in the agriculture sector.
Others seek remedies through the following:
(a) Alternative dispute resolution (Law No. 30 of 1999)
(b) Environmental compliance (Law No. 32 of 2009)
(c) Indonesian Sustainable Palm Oil (ISPO, a policy on certification
adopted by the Ministry of Agriculture)
(d) Komnas HAM (national human rights institution) – investigative and
recommendatory; however, lacks enforcement authority
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
incomes to resolve a dispute. Overall, people spend a total of BDT 2.5B
(nearly USD 300M) a year, to resolve the estimated 2 million pending
land cases in courts. Disposal of cases take an average of 9.5 years. This
represents not only a huge loss of income for the household, but also a
massive loss of national wealth. In Bangladesh, land related cases in courts
cost an estimated 10 percent of the country’s GDP (as cited in CDA, 2018).
n Administrative mechanisms. Table 4 below shows the different
administrative bodies that address land and resource disputes in four
countries.
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