35 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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