The mountainous area in Vietnam where is home to different ethnic minority groups accounts for three quarters of the whole country. In the past, these regions are known as ‘abundance of land, but less density of population”. Today, they are still mountainous, but getting narrower, more crowded and mixing between (non) indigenous ethnic minorities and majority. For example, in the Central Highlands, the total natural land area is 54,659 square kilometers, population of 1975 with 1.1 million people, but by 2005 there are 4.8 million people, including indigenous ethnic minorities, approximately 1.2 million people. In mountainous areas, there are normally limited arable land, mostly forest, hills and rocky mountains. In the past, where were convenient, our fathers have been cleared and claimed. The most difficult areas where have arable land but without water and vice versa are left for today generations; land, forest and water are running out, all does not meet the needs of ethnic minorities.

During the period of fronting against the French, the U.S. imperialist aggressor and henchmen, the ethnic minorities followed the Party and Uncle Ho as giving them independence and freedom, and “land for the poor” and so on. Since the innovation time, the life of ethnic minorities in mountainous areas has been getting better. Yet, this region remains the poorest, as well notwithstanding does not promote its potential strengths to overcome the weak, not yet narrow the gap between the rich and poor and stratification, notably the inadequate land and forest situation to ethnic minorities.

Some main discrepancies are that ethnic minorities do not have efficient productive and residential land; ethnic minorities are capable of planting, tending and protecting forest, but are limited in accessing to forest land rights. So, they disgruntled and requested why do not they have forest land to escape the poverty situation? While a small number of workers in state-owned agro-forestry enterprises are obtaining a huge of forest land.  In many places, due to the feeble capacity, many enterprises let forest land abandoned or made contracts with ethnic minorities like ‘phát canh-thu tô’ (farming for taxation).

Due to the deficiency of living conditions, some ethnic minorities are not really ‘secured and settled’, so that they turned to do shifting cultivation, nomadic and free migration. Since there are many issues within and outside the country, number of officials and ethnic minorities feel not peace and less solidarity which affect the political security, social cohesion, safety and so forth.

The abovementioned inconsistencies caused by both internal and external factors, but mostly the inadequacies of the law and the responsibility of officials. Several regulations on property rights, forest land use rights, and compensation for land acquisition are not appropriate to the heart of people.

So, the urgency is to make the people peace, trust and solidarity. I strongly propose to the Party and Government, all levels and sectors following measures.

First, relating to residential and productive land for ethnic minorities

To date in Vietnam there is still about 326,909 ethnic minority households of which 32,975 lack of land for residential and 293,934 do not enough land for cultivation. These families urgently need apt supports of the government. The government should continue to implement the policy on supporting productive and residential land for ethnic minorities in the period 2013-2015.

Due to many reasons i.e. land acquisition and displacement for hydro-power dam building, deforestation and so forth, forest land are increasingly declined. While, in every day the population increases, people give births, children growing up and splitting into new families, the number of ethnic minority households lacking of productive and residential land will boost. The key is how to make more land for this group via such as withdrawing the unlawful / inadequate  allocated land, inefficient used land, promoting ‘self-helps’ and ‘mutuality’ amongst households. Notably, it must properly implement the Decision 146/2005/QD-TTg of the Prime Minister in terms of withdrawing land and forest from state-owned agro-forestry enterprise to reallocate to local residents and communities.
The government needs to clearly define criteria for households who lack residential and productive land. On that basis, local authorities and residents self-identify proper households to be right beneficiaries. In line with the ability of capital and land of particular region, it must setting up suitable standards of support in terms of market based finance, land quota and number of households. If the existing land is not available, how we could support the remaining households and provide jobs for them? These must be specified. The decisive thing is that how to endorse the will of ethnic minorities to be self-sufficient, and self-improve their life, escape the poverty situation and do not expect to rely on the State.

Second, the government has to make a proper ‘transformation to the forest land

People often say: “forest is gold, see is silver”. In 1968, the Secretariat of the Central Party Committee stated: "The forest is the most effective mean in combating natural disasters, sabotage which affect the survival of the nation.”Some ethnic groups in the Central Highland perceive that Land is given by Giang (Sky Spirit). Loss of land means loss of our spirit, which is there is no longer the nation. Therefore, ethnic minority groups like Ede, Gia Rai and Mnong yearly organize rituals to worship forest and land spirit in April.

Unfortunately, the depth perception of the values of ‘land and forest in close attachment to human life’ is still limited in our society. Without land, water, plant human cannot survive.  For years, we talk a lot and do as much about promoting the strengths of forest, but so far the forest resources are still declined.  A dozen of reports mentioned about our achievements in afforestation, forest regeneration, forest protection; therefore the forest area increases. In fact, prior to 1945, the country had 14 million hectares of natural forest, accounting for 42% of the total area; by 1975 this number was reduced at 9.5 million hectares, accounting for 29%, and currently only about 6.5 million hectares, accounting for 20%.  But, according to the report 219/BC-CP dated 09/05/2012 of the government, by 2009 the total forest area increased to 10.3 million hectares. Soil loss, deforestation and so forth caused many negative impacts on ecological environment and society such as corruption in forest and land, poverty and depression among people.

Today, the government implemented planning and adjustment - land and forest redistribution. This is seen as an urgent task, fitting to the heart of people. If we still disconnected ethnic minorities from the forest, they will be getting worse; the country shall also be unstable, not developed and never secured. The transformation in forest and land must aim to protect and plant forest, remarkably watershed forest. This is an imperative assignment and long-term significance. The forest cover in mountainous area needs to proceed a minimum forest cover from 70 to 85%; so that, the forest could bring better environmental services, especially with ethnic minorities.

The government needs to review and adjust the forest land planning in accordance with practical requirements, long-term stability to three types of forests (protection, special use and production), reliable allocation of forest land to ethnic minority people and those who involve in the forestry career. It requires radical, reliable policies and mechanisms to protect and promote forest, present forest fires and illegal logging. Development  of forest production areas, establishment of environmental friendly wood processing plants at apt scales and creating markets for forest products and so on are crucial to get affluent from the forests, "enriching forest by forest itself’ and ensure sustainable forestry development.

Protection and promotion of watershed forest is seen as a movement with the broad masses. Ethnic minority groups do the call of Uncle Ho: "for the benefit of 10 years to plant trees," ... It is both urgent and long term, both care of yourselves and whole country. It is important is that the government has to boost forest land allocation to ethnic minorities in order to live on forests, support them convert the shifting cultivation to afforestation, reduce food production on sloping land to increase the area under forest and economic development. It must apply ‘Contract 10’ with forestland to ethnic minorities as with that in agricultural land 20 years ago. For effective protection, in addition to raising awareness, strict implementation of sanctions, also have to take care of the lives of local population via making benefits from the forest. They will give up accidentally helping illegal loggers and voluntarily with the rangers to detect, prevent abuses and create a major force protection of forest in place effective and sustainable.

Third, amending the Law on Land in 2003

In order to do so, it needs to amend the Constitution in 1992. Either to match each other, at the same time both should be amended. If not, the National Assembly should extend the term of land use until the amended law on land in 2013 completed. As land use right term has already expired. This task must be done radically in order to settle the complaints of land which are negatively affecting the reassure of people.

Land is very crucial issue, which must be specified in the Constitution. It is important, that is the Constitution must clearly define the rights of the people, must recognize ownership and use rights of the people to forest and land. The land law should define clearly the security policies on productive and residential land for ethnic minority residents according the particular community, especially those who live in border areas, migration and resettlement areas due to constructions i.e. hydro-power dams. Most importance is the proper policies in land acquisition and land compensation. The government should consider the policy in which land is allocated indefinitely to perennial crops, with a term of 50-70 years with annual crop land; exemption or reduction of land use, agricultural land rent for ethnic minorities.  

To overcome the illegal sale of residential and productive land, under the advantage of State's policies, it needs to prohibit speculation and occupation to land in ethnic and border areas; should contain specific regulations in terms of transferring agricultural and forest land in ethnic regions. The residential and productive land which are supported by the policy on supporting ethnic minorities are not allowed to buy, sell, transfer, convert, inherit or giving during a term of 10 years.

The abovementioned issues are opinions and recommendations of ethnic minorities. I respectfully request the State and Party at all levels and responsible bodies to take into the emended law on land in coming months of 2013.

Lu Van Que