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Tenure (national legislation - texts and commentary)

Websites/Multiple Documents

Title: Law and Constitution section of the Online Burma/Myanmar Library - Land
Language: English, Burmese/ ျမန္မာဘာသာ
Source/publisher: Online Burma/Myanmar Library
Format/size: html, pdf
Date of entry/update: 25 October 2013


Individual Documents

Title: Land to the Tillers of Myanmar
Date of publication: 13 June 2012
Description/subject: "...with increasing frequency, land is taken from farmers, often with little or no compensation. Large swathes of farmland have already been made available to foreign-based companies in a process that appears to be accelerating. Government data show that the amount of land transferred to private companies increased by as much as 900 percent from the mid-1990s to mid-2000s and now totals roughly 5 percent of Myanmar’s agricultural land... Myanmar law requires farmers to grow what the government or the local military commander wants them to grow, and subjects farmers to production quotas. Policies like these also displace farmers and lead to food insecurity, as farm productivity suffers. This can push farmers into debt by forcing them to take out loans from money lenders or sell their land in an effort to meet an unrealistic planting directive. And now two new land laws — the Farmland Bill and the Vacant, Fallow, and Virgin Land Management Bill, recently passed by the legislature and awaiting action by President Thein Sein — are poised to give the government even more power to seize land without consultation or compensation..."
Author/creator: Roy Prosterman and Darryl Vhugen
Source/publisher: "New York Times"
Format/size: html
Date of entry/update: 14 June 2012


Title: Vacant, Fallow and Virgin Land Management Act - Pyidaungsu Hluttaw Law No. 10/2012 (၂၀၁၂ ခုႏွစ္ ျပည္ေထာင္စုလႊတ္ေတာ္ ဥပေဒအမွတ္ (၁၀) မလြတ္၊ ေျမလပ္ႏွ
Date of publication: 30 March 2012
Description/subject: Vacant, Fallow and Virgin Land Management
Language: Burmese/ ျမန္မာဘာသာ
Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 2 April 2012
Format/size: pdf (86K)
Alternate URLs: http://www.burmalibrary.org/docs13/Vacant_Fallow_and_Virgin_Land_Management_Act%28bu%29.pdf
Date of entry/update: 02 April 2012


Title: BURMA: Draft land law denies basic rights to farmers
Date of publication: 01 November 2011
Description/subject: A Statement by the Asian Human Rights Commission... During the second sitting of the new semi-elected parliament in Burma this year, the government submitted a draft land law. The government gazette published the draft on September 16, and it is currently still before the parliament. Burma needs a new land law. The current legislation on land, either for reasons of content or because of institutional factors, lacks coherence. It is ineffectual in protecting the rights of cultivators. With the rise and rise of private businesses linked to serving and former army officers and bureaucrats, the incidence of land grabbing also is fast increasing, and is bound to increase even more dramatically in the next few years. Although a new law would not stop or perhaps even slow land grabbing of its own accord, one protecting cultivators' rights and situating powers of review over land regulations and cases in the hands of the judiciary and independent agencies could at least set some clear benchmarks against which to measure actual practices, and establish some groundwork for minimum institutional protections. Unfortunately, the draft bill before parliament is not the law that Burma needs. In fact, it is precisely the opposite of what the country needs. Rather than protecting cultivators' rights, it undercuts them at practically every point, through a variety of provisions aimed at enabling rather than inhibiting land grabbing. It invites takeover of land with government authorization for the purpose of practically any activity, not merely for other forms of cultivation. Under the draft, farmers could be evicted to make way for the construction of polluting factories, power lines, roads and railways, pipelines, fun parks, condominiums and whatever else government officials claim to be in "the national interest"..."
Language: English
Source/publisher: Asian Human Rights Commission
Format/size: pdf (105K)
Date of entry/update: 08 November 2011


Title: 2011 Farmland Bill
Date of publication: 20 September 2011
Description/subject: The Draft land law
Language: English
Source/publisher: Hluttaws
Format/size: pdf (34K)
Date of entry/update: 10 January 2012


Title: The 1963 Tenancy Law & the 1965 Amendment (English and Burmese)
Date of publication: 1965
Description/subject: Renting Land for Cultivation Law The Union of Burma Revolutionary Council Law 8, 1963 [Reprint 1963]....THE TENANCY LAW AMENDING LAW, 1965. (THE UNION OF BURMA REVOLUTIONARY COUNCIL LAW NO. 2 OF 1965)
Language: English, Burmese
Source/publisher: Union of Burma Revolutionary Council
Format/size: pdf (1MB)
Date of entry/update: 25 May 2011


Title: THE LAW SAFEGUARDING PEASANT RIGHTS, 1963.
Date of publication: 1963
Description/subject: (THE UNION OF BURMA REVOLUTIONARY COUNCIL LAW NO. 9 OF 1963).....Repealed by the Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012
Language: English
Source/publisher: Union of Burma Revolutionary Council
Format/size: pdf (50K)
Date of entry/update: 25 May 2011


Title: Land as a Free Gift of Nature
Date of publication: 1920
Description/subject: Use Google Chrome to read online - otherwise download and read offline
Author/creator: J. S. Furnivall
Language: English
Source/publisher: Cambridge University Press
Format/size: pdf (193K)
Date of entry/update: 17 February 2014