The role of customary law and practices in forest and water resources management and use

The study of customary law in forest and water resources management and use of the Thai ethnic group (Thai Den group) was conducted in Muong Phang commune, Dien Bien Phu city, Dien Bien province and of the Dao ethnic group ( Red Dao group) in Ta Phin commune, Sa Pa district, Lao Cai province. Customary law in this report is understood as a combination of one or more customs, practices and behavours in internal community relations, as well as with the natural and social environment. Customary law may have been recognized in the administrative's legal system, may exist only in communities and unrecognised, or even, not yet researched or published. The overall objective of the research is to: i) Develop a common concept of customary law among communities, governments, researchers, and related organizations. On that basis, the study explores and analyse customary laws and practices in the management and use of forest and water resources; detect possible shortcomings between customary law and state policy; and identify adaptation strategies of ethnic minorities to environmental degradation and negative impacts on people's lives. ii) Provide recommendations and solutions to create dialogues between community and policy makers and development donors to link customary law with state policies.