VL.png The World-Wide Web Virtual Library
[WWW VL database || WWW VL search]
donations.gif asia-wwwvl.gif

Online Burma/Myanmar Library

Full-Text Search | Database Search | What's New | Alphabetical List of Subjects | Main Library | Reading Room | Burma Press Summary

Home > Main Library > Land > Land in Burma > Law and policy on land in Burma/Myanmar

Order links by: Reverse Date Title

Law and policy on land in Burma/Myanmar
See also the section on Land in "Law and Constitution" and the sub-sections on shifting cultivation under "Agriculture".

Websites/Multiple Documents

Title: "Housing, land and property rights in Burma - the current legal framework"
Date of publication: November 2009
Description/subject: A compilation of all of the existing housing, land and property laws in Burma, plus commentary... "The deplorable human rights record of Burma’s military junta has been a key focus of international attention for many years. The military has ruled the country for half a century, and has presided over a collapse of the economy and of social services. At the same time, successive military regimes have perpetuated an almost feudal governance system – where the population is seen as a resource at the disposal of the rulers – that is in many respects unchanged since pre-colonial times. A combination of deliberate abuse, a general climate of impunity, and out-dated and ineffective social policies all contribute to a fundamental absence of basic human rights in this country of 55 million people. To date, the bulk of attention has focused on important questions of political prisoners, denial of basic freedoms, forced labour, forced displacement, as well as the other abuses related to the army’s brutal counter-insurgency policies. However, there are additional types of rights abuses that are not as frequently mentioned, but that have a critical impact on the daily lives of millions of people across Burma. And it is these – housing, land and property (HLP) rights – that form the contents of this important new book. This volume contains all of the existing housing, land and property laws in Burma, and makes a vital contribution to understanding the impact that these legal structures have on communities across the country. Being able to view the HLP legal code in its entirety for the first time reveals more clearly than ever before that supporters of democratic and governance reform within Burma need to better understand – and place greater emphasis on – HLP issues than they have to date. Understanding how these issues are dealt with in both law and practice will enable more creative thinking about Burma’s HLP future, in order that the peoples of the country can most fully enjoy their legitimate housing, land and property rights."
Author/creator: Scott Leckie and Ezekiel Simperingham (eds)
Language: English
Source/publisher: Displacement Solutions, HLP Institute
Format/size: pdf (3.42MB) - 1255 pages
Date of entry/update: 30 December 2009


Title: Burma HLP Initiative
Date of publication: November 2009
Description/subject: "Since its establishment in 2006, Displacement Solutions has been active in exploring the housing, land and property rights situation in Burma. The Burma HLP Initiative aims to shed new light on the numerous HLP rights issues in Burma today by building capacity for enforcing these rights by citizens of the country. The Initiative works together with various groups within and outside Burma towards these ends. The Initiative explores key questions such as: * What are the characteristics and status of the legal regime in Burma as it relates to HLP rights issues? * How effective is the current legal regime in promoting human rights standards relevant to HLP rights? What are the key issues facing the HLP rights regime in Burma? * In what ways can the legal code more effectively address HLP rights in Burma, and how might it be reformed to avoid problems in the future transition process? This will draw on the many experiences of political transition since the end of the Cold War. * How can the capacity of the Burmese democratic opposition be enhanced to structurally address the HLP legal environment in Burma today? How can expert capacity be strengthened to better prepare the broader democratic opposition to address the HLP challenges that will arise during and after political transition?..." THIS LINK CONTAINS A HYPERLINKED SET OF BURMESE HLP-RELATED LAWS
Language: English
Source/publisher: Displacement Solutions
Format/size: html
Date of entry/update: 20 October 2010


Title: Laws related to land, property and planning (link to OBL sub-section)
Description/subject: Laws, decrees, bills and regulations relating to land, property and planning
Language: English
Source/publisher: Online Burma/Myanmar Library
Format/size: html
Date of entry/update: 12 November 2011


Title: Swidden/shifting cultivation
Description/subject: Links to OBL sections under Agriculture
Language: English
Source/publisher: Online Burma/Myanmar Library
Format/size: html
Alternate URLs: http://www.burmalibrary.org/show.php?cat=3940&lo=d&sl=0
http://www.burmalibrary.org/show.php?cat=3950&lo=d&sl=0
Date of entry/update: 08 February 2015


Individual Documents

Title: Myanmar’s efforts to tackle land grabbing crisis must address the role of the military in perpetuating theft and violence
Date of publication: 11 May 2016
Description/subject: "A decision by Myanmar’s new government to ramp up efforts to tackle land grabbing is a positive step, but must address the role of the military in perpetuating the country’s land crisis, which is at the heart of one of the longest ongoing civil wars in modern history..."
Language: English
Source/publisher: Global Witness
Format/size: html
Date of entry/update: 19 May 2016


Title: National Land Use Policy (2016) - Excerpts on National Land Law Formulation
Date of publication: 06 March 2016
Description/subject: This document highlights, in English and Burmese, some key chapters of the National Land Use Policy: Objectives...Grants and Leases of Land at the Disposal of Government...Procedures related to Land Acquisition, Relocation, Compensation, Rehabilitation and Restitution...Land Use Rights of the Ethnic Nationalities...Equal Rights of Men and Women...Harmonization of Laws and Enacting New Law...Monitoring and Evaluation...Research and Development.
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Land Core Group
Format/size: pdf (315K)
Date of entry/update: 16 April 2016


Title: A SOUND BASIS FOR LAND REFORM
Date of publication: 19 February 2016
Description/subject: "The new National Land Use Policy is a positive step, but its principles need to be enshrined in law to protect the vulnerable from land grabs and forced evictions... Disputes over land ownership and use are a major source of social and economic tension in Myanmar as it grapples with political transition and economic development. Irresponsible investment against the interests and wishes of communities which results in the widespread violation of land-related human rights has been allowed for too long. The new National Land Use Policy (NLUP), released in the final days of the outgoing parliament in late January, is a welcome step towards improving the governance of land tenure. The NLUP could not come sooner. An influx of investment has increased demand for land. Poor regulation and lax implementation mean that investors continue to be granted land obtained illegally or under dubious circumstances. Many communities have suddenly found themselves trespassing on land on which they have lived for generations. They are routinely charged with trespassing while their environment and livelihoods are degraded. Experience from around the world has shown than human rights principles should frame land law advocacy. In a positive step, the NLUP uses rights-based language in its basic principles. It refers directly to human rights standards in chapters related to land acquisition, the land use rights of ethnic minorities and is framed with explicit reference to the equality of men and women. On its own, though, the policy is not enough. Myanmar’s land laws do not adequately protect these rights. Laws enacted in 2012, such as the Foreign Investment Law, the Vacant, Fallow and Virgin Land Law and the Farmland Law, were designed to increase investment, encourage large-scale land use and promote agricultural income. Under this system fewer than half the population have land title. The rest are vulnerable to land grabs and forced evictions, which result in further human rights abuses as people are dispossessed of their means of livelihood and habitat..."
Author/creator: Daniel Aguirre
Language: English,
Source/publisher: "Frontier Myanmar"
Format/size: html
Date of entry/update: 20 February 2016


Title: Formalisation of land rights in Myanmar
Date of publication: 11 February 2016
Description/subject: Documents and analyses on land tenure in Burma/Myanmar..... "1.Reconcile legality and legitimacy through clear legal recognition of existing acknowledged rights, whatever their origin (customary or statutory) or nature (individual or collective, temporary or permanent). 2.Initiate widespread debate on the choice of society that the land policies will serve (and target), the opportunities for formalisation, how it will be implemented and its possible alternatives. 3.Build consensus between all the actors concerned (central and local governments, local people, the land administration, professionals in the sector), and sustain the political will needed to implement formalisation procedures. 4.Define a realistic implementation strategy which recognises the vital importance of establishing effective and transparent governance and/or administration of land rights. 5.Progressive implementation that leaves room for learning, experimentation and adjustment. 6.Ensure from the outset that the land services will be financially viable, and put in place mechanisms to fund them."
Author/creator: Celine Allaverdian
Language: English
Source/publisher: GRET (Groupe de Recherche et d'Echanges Technologiques)
Format/size: pdf (542K-reduced version; 1.1MB-original)
Alternate URLs: http://www.burmalibrary.org/docs21/GRET-2016-03-11-Formalisation_of_land_rights_in_Myanmar-en.pdf
Date of entry/update: 20 March 2016


Title: Myanmar National Land Use Policy (English)
Date of publication: January 2016
Description/subject: Introduction: "1. Myanmar is a country where the various kinds of ethnic nationalities are residing collectively and widely in 7 Regions, 7 States and Union Territory. The country is located in Southeast Asia and is important geographically, economically and politically in the region. 2. Moreover, Myanmar is a country that has rich natural resources and environment, including valuable forests, fertile planes, natural gas and mineral deposits, long coastline, mountain ranges, and rivers such as the Ayeyarwaddy, Chindwin, Thanlwin, Sittaung, which are the lifeblood of the country. 3. The land resources shall be managed, administered and used, with special attention, by adopting long-term objectives for the livelihood improvement of the citizens and sustainable development of the country. When the land resources are systematically used and well managed, the more it will be possible to fulfill the basic needs of the citizens, develop the social and economic life of the people, and develop the country harmoniously. 4. Under section 37 of the Constitution of the Republic of the Union of Myanmar, it is provided that the Union is the ultimate owner of all lands in the Union, shall enact necessary law to supervise extraction and utilization of State-owned natural resources by economic forces; shall permit citizens right of private property, right of inheritance, right of private initiative and patent in accord with the law. According to such provision, the President of the Union also guided on 19th June, 2012 to adopt a necessary, strong and precise policy for the sustainable management, administration2 and use of the land resources of the country, as such, "the National Land Use Policy "has been developed. 5. This National Land Use Policy aims to implement, manage and carry out land use and tenure rights in the country systematically and successfully, including both urban and rural areas, in accordance with the objectives of the Policy and shall be the guide for the development and enactment of a National Land Law, including harmonization and implementation of the existing laws related to land, and issues to be decided by all relevant departments and organizations relating to land use and tenure rights."
Language: English
Source/publisher: Ministry of Environmental Conservation and Forestry (MOECAF)
Format/size: pdf (260K)
Date of entry/update: 30 January 2016


Title: Myanmar National Land Use Policy - အမ်ဳိးသားေျမအသုံးခ်မႈမူ၀ါဒ (Burmese ျမန္မာဘာသာ)
Date of publication: January 2016
Description/subject: ၁။ ျမန္မာႏုိင္ငံသည္ တုိင္းရင္းသားလူမ်ဳိးေပါင္းစုံတုိ႔ စုေပါင္းေနထုိင္လွ်က္ရွိေသာ ႏုိင္ငံတစ္ႏုိင္ငံျဖစ္ၿပီး၊ တုိင္းေဒသႀကီး ၇ ခု၊ ျပည္နယ္ ၇ ခုႏွင့္ ျပည္ေထာင္စုနယ္ေျမတုိ႔တြင္ ျပန္႔ႏွံ႔ေနထုိင္လ်က္ရွိသည္။ ႏုိင္ငံေတာ္သည္ အေရွ႔ေတာင္အာရွတြင္ တည္ရွိၿပီး ပထ၀ီအေနအထားအရေသာ္လည္းေကာင္း၊ စီးပြားေရးအရေသာ္လည္းေကာင္း၊ ႏုိင္ငံေရးအရေသာ္လည္းေကာင္း အခ်က္အခ်ာက်သည့္ႏုိင္ငံျဖစ္ပါသည္။ ၂။ ထုိ႔ျပင္ ျမန္မာႏုိင္ငံသည္ အဖုိးတန္သစ္ေတာႀကီးမ်ား၊ ေျမဆီၾသဇာႁကြယ္၀သည့္ ေျမျပန္႔လြင္ျပင္မ်ား၊ သဘာ၀ဓာတ္ေငြ႔ႏွင့္သတၱဳသုိက္မ်ား၊ ရွည္လ်ားသည့္ပင္လည္ကမး္ရုိးတန္း၊ ေတာင္စဥ္ေတာင္တန္းမ်ားႏွင့္ ႏုိင္ငံ၏အသက္ေသြးေၾကာျဖစ္သည့္ ဧရာ၀တီ၊ ခ်င္းတြင္း၊ သံလြင္၊ စစ္ေတာင္းစသည့္ ျမစ္ႀကီးမ်ားအပါအ၀င္ သဘာ၀အရင္းအျမစ္အေျခခံေကာင္းမ်ားႏွင့္ သဘာ၀ပတ္၀န္းက်င္ေကာင္းမ်ားရွီသည့္ ႏုိင္ငံတစ္ႏုိင္ငံလည္းျဖစ္ပါသည္။ ၃။ ေျမသယံဇာတမ်ားသည္ ႏုိင္ငံသားမ်ား၏ စား၀တ္ေနေရးႏွင့္ ႏုိင္ငံေတာ္ဖြံ႔ၿဖိဳးတုိးတက္ေရးတုိ႔အတြက္ ေရရွည္ရည္မွန္းခ်က္ခ်မွတ္ၿပီး အထူးအေလးထား စီမံအုပ္ခ်ဳပ္အသုံးခ်ရမည့္ အရင္းအျမစ္မ်ားျဖစ္ပါသည္။ ေျမအရင္းအျမစ္မ်ားကုိ စနစ္တက်အသုံးခ်စီမံခန္႔ခြဲႏုိင္သည္ႏွင့္အမွ် ျပည္သူတုိ႔၏ အေျခခံလုိအပ္ခ်က္မ်ားျပည့္၀လာေစရန္၊ လူမႈစီးပြား ဘ၀ျမင့္မားလာေစရန္ႏွင့္ ႏုိင္ငံေတာ္ဖြံ႔ၿဖိဳးတုိးတက္လာေစရန္ ဟန္ခ်က္ညီစြာအေကာင္အထည္ေဖာ္ေဆာင္ရြက္ႏုိင္မည္ျဖစ္ပါသည္။ ၄။ ျပည္ေထာင္စုသမၼတျမန္မာႏုိင္ငံေတာ္ဖြဲ႔စည္းပုံအေျခခံဥပေဒ ပုဒ္မ၃၇တြင္ ႏုိင္ငံေတာ္သည္ ႏုိင္ငံေတာ္အတြင္းရွိ ေျမအားလုံး၏ပင္ရင္းပုိင္ရွင္ျဖစ္သည္ဟုလည္းေကာင္း၊ ႏုိင္ငံပုိင္သယံဇာတပစၥည္းမ်ားအား စီးပြားေရးအင္အားစုမ်ားက ထုတ္ယူသုံးစြဲျခင္းကုိ ကြပ္ကဲႀကီးၾကပ္ႏုိင္ရန္ ဥပေဒျပဌာန္းရမည္ဟုလည္းေကာင္း၊ ႏုိင္ငံသားမ်ားအား ပစၥည္းပုိင္ဆုိင္ခြင့္၊ အေမြဆက္ခံခြင့္၊ ကုိယ္ပုိင္လုပ္ကုိင္ခြင့္၊ တီထြင္ခြင့္ႏွင့္မူပုိင္ခြင့္တုိ႔ကုိ ဥပေဒျပဌာန္းခ်က္ႏွင့္အညီ ခြင့္ျပဳရမည္ဟုလည္းေကာင္း ျပဌာန္းထားပါသည္။ အဆုိပါျပဌာန္းခ်က္အရ ႏုိင္ငံေတာ္သမၼတက ၂၀၁၂ခုႏွစ္၊ ဇြန္လ ၁၉ ရက္ေန႔တြင္ ႏုိင္ငံေတာ္၏ ေျမသယံဇာတမ်ားကုိ စဥ္ဆက္မျပတ္စီမံအုပ္ခ်ဳပ္၊ အသုံးခ်ႏုိင္ေရးအတြက္ လုိအပ္ေနေသာခုိင္မတိက်သည့္ မူ၀ါဒတစ္ရပ္ေရးဆြဲ ျပဌာန္းႏုိင္ရန္ လမ္းၫႊန္ခဲ့သျဖင့္ "အမ်ဳိးသားေျမအသုံးခ်မႈမူ၀ါဒ" ကုိ ေရးဆြဲျပဳစုျခင္းျဖစ္ပါသည္။ ၅။ ဤအမ်ဳိးသားေျမအသုံးခ်မႈမူ၀ါဒသည္ ၿမိဳ႔ျပ၊ ေက်းလက္မ်ားအပါအ၀င္ ႏုိင္ငံေတာ္အတြင္းရွိ ေျမအသုံးခ်မႈႏွင့္ လုပ္ပုိင္ခြင့္မ်ားကုိ မူ၀ါဒပါ ရည္ရြယ္ခ်က္မ်ားႏွင့္အညီ စနစ္တက်ေအာင္ျမင္စြာအေကာင္အထည္ေဖာ္ စီမံေဆာင္ရြက္ႏုိင္ရန္ဦးတည္ၿပီး ေျမႏွင့္သက္ဆုိင္ေသာတည္ဆဲဥပေဒမ်ား၏ ညီၫြတ္မွ်တမႈ၊ ယင္းဥပေဒမ်ားကုိအေကာင္အထည္ေဖာ္မႈအပါအ၀င္ အမ်ဳိးသားေျမဥပေဒသစ္တစ္ရပ္ ျပဌာန္းႏုိင္ေရးအတြက္လည္းေကာင္း၊ ေျမအသုံးခ်မႈ သုိ႔မဟုတ္ ေျမလုပ္ပုိင္ခြင့္တုိ႔ႏွင့္စပ္လ်ဥ္း၍ သက္ဆုိင္ရာဌာန၊ အဖြဲ႔အစည္းမ်ားအားလုံးက အဆုံးအျဖတ္ေပးရမည့္ ကိစၥရပ္မ်ားအတြက္လည္းေကာင္း လမ္းၫႊန္ျဖစ္ေစရမည္။
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: Ministry of Environmental Conservation and Forestry (MOECAF)
Format/size: pdf (347K)
Date of entry/update: 30 January 2016


Title: RETURNS OF GRABBED LAND IN MYANMAR: PROGRESS AFTER 2 YEARS (English, Burmese ျမန္မာဘာသာ)
Date of publication: December 2015
Description/subject: "Namati submits this briefing paper to assist the government of Myanmar and other interested parties in efforts to ensure the implementation of the 2013 recommendations of Parliament’s Farmland Investigation Commission. The commission is tasked with scrutinizing land grab cases and to promote justice for Myanmar’s citizens whose land was taken without due process or compensation. According to the Secretary General of the Farmland Investigation Commission, as of June 2015, approximately 30,000 cases have been submitted to the Commission, of which about 20,000 have been heard. Of those, a small number of cases (882 or 4%) have been found justified to receive compensation. Many of these are collective cases, and according to the 2015 report, the Commission has returned about 335,000 acres of urban and farmland to benefit 33,608 families. Namati’s own experience suggests that the number of cases justified to receive compensation or return of land should be much higher. We further recommend actions the government can take to help streamline the return and compensation of grabbed land and improve the likelihood that outcomes are fair and equitable. This briefing draws on Namati’s experience using a network of community paralegals trained to use administrative procedures to resolve land grab cases in Ayeyarwaddy, Southern Shan, Sagaing, Magwe, and Bago between 2013 and 2015..."
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Namati
Format/size: pdf (200K-English; 95K-Burmese)
Alternate URLs: https://namati.org/wp-content/uploads/2015/12/Namati-Myanmar01-v6.pdf
http://www.burmalibrary.org/docs21/Namati-2015-Myanmar-returns_of_grabbed_land-bu-red.pdf
Date of entry/update: 07 March 2016


Title: The Political Economy of Land Governance in Myanmar
Date of publication: November 2015
Description/subject: "Land governance is an inherently political-economic issue. This report on Myanmar1 is one of a series of country reports on Cambodia, Laos, Myanmar and Viet Nam (CLMV) that seek to present country-level analyses of the political economy of land governance. The country level analysis addresses land governance in Myanmar in two ways. First, it summarises what the existing body of knowledge tells us about power and configurations that shape access to and exclusion from land, particularly among smallholders, the rural poor, ethnic minorities and women. Second, it draws upon existing literature and expert assessment to provide a preliminary analysis of the openings for and obstacles to land governance reform afforded by the political economic structures and dynamics of each country. The premise of this analysis is that existing configurations of social, political, administrative and economic power lead to unequal distribution of land and related resources. They also produce outcomes that are socially exclusionary, environmentally unsustainable and economically inefficient. Power imbalances at various levels of society result in growing insecurity of land tenure, loss of access to resources by smallholders, increasing food and livelihood insecurity, and human rights abuses. The first part of this analysis explains why, how and with what results for different groups these exclusionary arrangements and outcomes are occurring. In recognition of the problems associated with existing land governance arrangements, a number of reform initiatives are underway in the Mekong Region. Most of these initiatives seek to enhance security of access to land by disadvantaged groups. All the initiatives work within existing structures of power, and the second part of the analysis discusses the potential opportunities and constraints afforded by the existing arrangements. This country report commences with a brief identification of the political-economic context that sets the parameters for existing land governance and for reform in Myanmar. It then explores the politicaleconomic dynamics of land relations and identifies key transitions in land relations that affect access to land and tenure security for smallholders. Finally, the report discusses key openings for, and constraints to, land governance reform. Myanmar is marked by a rapid opening of its economy to foreign investment. This has exacerbated insecurity over land in a country where arbitrary use of authority has troubled smallholders for decades. Close association between the military (which still controls the levers of government), domestic big business and foreign corporate interests produces a powerful force for land alienation in a country where the current accelerated development path is largely based on land-demanding projects. These projects include agribusiness plantations, extractives projects in the energy and mining sector, and special economic zones (SEZs). The space for open dialogue and challenges around these issues has opened up rapidly, leaving civil society, government officials and the international community scrambling to stay abreast. Meanwhile, new and complex issues have emerged on top of old problems as neoliberal approaches to turn land into capital see tenure reforms move in the direction of private land titling for smallholder sedentary lowland farmers. In addition, new land and investment-related laws enable foreign capital into land-based deals, particularly for agribusiness."
Author/creator: Natalia Scurrah, Philip Hirsch and Kevin Wood
Language: English
Source/publisher: Mekong Region Land Governence (MRLG)
Format/size: pdf (205K-reduced version; 568K-original)
Alternate URLs: http://www.burmalibrary.org/docs21/MRLG-2015-11-Political_Economy_of_Land_Governance_in_Myanmar-red...
http://rcsd.soc.cmu.ac.th/mlrf/sites/default/files//Political_Economy_of_Land_Governance_in_Myanmar...
http://mrlg.org/
Date of entry/update: 17 January 2016


Title: Determinants of Local People's Perceptions and Attitudes Toward a Protected Area and Its Management: A Case Study From Popa Mountain Park, Central Myanmar
Date of publication: 13 October 2015
Description/subject: "... Without local support, the long-term existence of PAs is not assured (Wells and McShane 2004). Local people are unlikely to support PAs if they have negative perceptions and attitudes toward them (Alkan et al. 2009). An attitude is a cognitive evaluation of a particular entity with favor or disfavor, and it reflects the beliefs that people hold about the attitude object or entity (Eagly and Chaiken 1998). Beliefs are the associations that people establish between the attitude object and various attributes (Allendorf 2007). Attitudes toward PAs, conservation, or wildlife may be influenced by PA staff or management interventions, local economic needs and history, or other indirectly related socioeconomic factors such as government policy. The cognitions or thoughts that are associated with attitudes are typically termed beliefs by attitude theorists (Eagly and Chaiken 1998). Perception refers to people’s beliefs that derive from their experiences and interaction with a program or activity. Xu et al. (2006) argue that local people’s perceptions are related to costs and benefits produced by PAs, their dependence on PA resources, and their knowledge about PAs. The influences of socioeconomic characteristics on local people’s perceptions and attitudes toward an adjacent PA are often site-specific and inconsistent (Allendorf et al. 2006; Baral and Heinen 2007; Mehta and Heinen 2001; Rao et al. 2003; Shibia 2010; Shrestha and Alavalapati 2006; Xu et al. 2006). Some studies report that education is a strong predictor of attitude (Allendorf et al. 2006; Mehta and Heinen 2001; Shibia 2010; Shrestha and Alavalapati 2006; Xu et al. 2006), while others have found no correlation between educational status and people’s perceptions and attitudes (Baral and Heinen 2007; Mehta and Heinen 2001). Mehta and Heinen (2001), Allendorf et al. (2006), and Xu et al. (2006) reported that women were less likely to hold positive attitudes, whereas Baral and Heinen (2007) and Shibia (2010) found no correlation between gender and attitude. Allendorf et al. (2006) and Shrestha and Alavalapati (2006) found that individuals from larger families have negative attitudes to PAs, whereas Xu et al. (2006) reported that individuals from larger families hold positive attitudes toward PAs. Jim and Xu (2002) and Alkan et al. (2009) argue that local people’s perceptions and attitudes are shaped by their knowledge about the neighboring PA. This knowledge might include objectives, activities, size, regulations, or location of the boundary of PAs (Jim and Xu 2002; Rao et al. 2003; Xu et al. 2006). The knowledge is gained empirically through one’s perceptions, and it is the recognition of something sensed or felt (Ziadat 2010). It is important to investigate whether more knowledge of PAs would be associated with positive perceptions and attitudes toward them. We examined the effects of both knowledge and socioeconomic factors on the perceptions and attitudes of local people toward Popa Mountain Park, in central Myanmar, and its management through a questionnaire survey. Myanmar is one of the biodiversity hotspots in the world, and its PAs play a crucial role in conserving the country’s rich biodiversity (Myers et al. 2000). During the last 10 years the number of protected areas in Myanmar has increased from 20 to 42, covering 7.3% of total land area of the country (Nature and Wildlife Conservation Division 2008). The Nature and Wildlife Conservation Division (NWCD) of the Forest Department, Ministry of Forestry, is mainly responsible for PA management in Myanmar. Generally, PAs in Myanmar can be categorized into national park, marine park, wildlife sanctuary, nature reserve, and zoo park. Although Myanmar’s PAs do not fully conform to PA categories of the International Union of Conservation of Nature (IUCN), they are most similar to IUCN category IV (Aung 2007). Myanmar’s PA management rules and regulations prohibit local people from using resources within PAs. Conflicts arise as local people often have no other source of resource than the PA. Rao, Rabinowitz, and Khaing (2002) reported that nontimber forest products were extracted from 85% and fuelwood was collected from more than 50% of PAs in Myanmar. The mean annual population growth rate is 2.1% (Central Statistics Organisation 2006) and is highest in rural areas where most Myanmar PAs are located. Population increase is linked to an increase in the number of people seeking land for grazing, collecting fuelwood, and extracting timber and other forest products. The rapid growth of PAs and the huge pressures placed on them by the increasing human population are a great challenge for sustainable PA management. Popa Mountain Park (PMP) possesses a diverse forest ecosystem in central Myanmar where most forests have already disappeared. PMP was selected for the present study for two reasons: (1) a historic relationship between PMP and local communities and (2) high people’s pressure on the park resulting from the high population density together with resource scarcity in the surrounding area. The Forest Department has had great success in the reforestation of Popa Mountain, which is a high priority for forest conservation. It is important to understand local people’s perceptions and attitudes toward PMP for its sustainability. The objectives of the present study were (1) to examine the responses of local people toward the park and its management and (2) to study how local people’s perceptions and attitudes toward the PA and its management relate to their socioeconomic status and knowledge about the park..."
Author/creator: Naing Zaw Htun , Nobuya Mizoue, Shigejiro Yoshida
Language: English
Source/publisher: Ministry of Environmental Conservation and Forestry (MOECAF)
Format/size: pdf (352K)
Date of entry/update: 22 April 2016


Title: Assessment of 6th draft of the National Land Use Policy (NLUP)
Date of publication: 16 September 2015
Description/subject: "This assessment is in response to the 6th draft of the NLUP, released in May 2015, following months of public and expert consultations. It outlines some of the key positive and negative points of the new draft. The new draft NLUP has taken on board many of the concerns and recommendations raised by the public during the consultation process, and includes several key issues that would greatly improve Myanmar’s land governance arrangements. However, some serious concerns remain. As in our past responses to the earlier (5th) draft of the NLUP, we take as our starting point how the draft fulfills principles and provisions negotiated and agreed upon by the world’s governments – including the Government of Myanmar – and captured guidelines of the UN Committee on World Food Security (UN CFS) known as the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests (hereafter referred to as the “TGs”). In addition, the assessment that follows is based on the English version of NLUP-6..."
Language: English
Source/publisher: Transnational Institute (TNI)
Format/size: pdf (300K)
Alternate URLs: http://www.burmalibrary.org/docs21/TNI-2015-09-NLUP-6_key_points-en.pdf
Date of entry/update: 26 September 2015


Title: Analysis of Customary Communal Tenure in the Myanmar Uplands (Powerpoint presentation)
Date of publication: 26 July 2015
Description/subject: "Customary communal tenure is characteristic of many local shifting cultivation upland communities in S.E. Asia. These communities have strong ancestral relationships to their land, which has never been held under individual rights, but considered common property of the village. Communal tenure has been the norm and land has never been a commodity..."
Author/creator: Kirsten Ewers Andersen
Language: English
Source/publisher: Chiangmai University Conference: "Burma/Myanmar in Transition"
Format/size: pptx
Date of entry/update: 06 August 2015


Title: Land and Law in Myanmar: A Practitioners Perspective Workshop - Report and Recommendations (English/ Burmese ျမန္မာဘာသာ)
Date of publication: 16 July 2015
Description/subject: KEY RECOMMENDATIONS:- (1) TO MYANMAR LAWYERS: "a. Lawyers need to form strong networks and associations to support farmers, ethnic groups and community organizations... b. Lawyers need to develop new skills to participate in policy advocacy, including collecting data about current practices, and engage in a national debate about land rights... c. Lawyers working on land rights cases need to use all available tools to strengthen their case work (see annex 2 for a list of practical actions lawyers can take)..... (2) TO CIVIL SOCIETY ORGANISATIONS: a. CSO’s need to work with lawyers to understand the law regarding land ownership and use, how it is being applied and how it can be used to protect land rights and should share this knowledge with communities... b. CSOs should be involved in collecting evidence of the current relationships between communities and land; this will be essential for developing good policies and new laws..... (3) TO INTERNATIONAL DONORS: a. Donors must look beyond the letter of the law and information produced by the government to explore how laws are currently being applied and how the legal system operates in practice. Many challenges faced by lawyers working on land rights cases would not require legal reform to correct; international donors should demand immediate changes to remove some of the existing barriers to justice... b. International donors must translate information relating to land rights into Burmese as a minimum. Understanding of these issues and ongoing reform processes within Myanmar is currently very limited, with residents of Yangon and other cities able to access information far easier than people in rural areas; efforts need to be made to address geographic and ethnic differences in understanding."
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Myanmar Lawyers Network; Asian Human Rights Commission (AHRC)
Format/size: pdf (316K-English; 824K-Burmese (page image only; 960K-text under image; doc-728K-Burmese)
Alternate URLs: http://www.burmalibrary.org/docs22/MLC&AHRC-2015-07-Land_and_Law_Report-bu-tu.pdf
http://www.burmalibrary.org/docs22/MLC&AHRC-2015-07-Land_and_Law_Report-bu-im.pdf
http://www.burmalibrary.org/docs22/Land_and_Law_in_Myanmar_Bse_FINAL-1.doc
Date of entry/update: 16 April 2016


Title: Consultations wrap up on drafting land-use policy
Date of publication: 03 July 2015
Description/subject: "The government has promised to secure ethnic rights and the rights of original landowners in setting a new national land use policy...A national forum to discuss a draft national land use policy, which will create a framework for a new national land law, was held on June 29 and 30 in Nay Pyi Taw. Discussion was dominated by the question of the rights of ethnic community organisations and other rights groups. The Land Use Scrutiny and Allocation Central Committee (LUSAC), a government body led by Vice President U Nyan Tun which is steering the policy-formulation process, promised to update the draft in keeping with the decisions taken by the forum. “We will respectfully insert the decisions of this forum into the draft,” said committee secretary U Kyaw Kyaw Lwin, who is also a deputy minister in the President’s Office. The forum decided to include representatives of farmers’ organisations in the National Land Use Council. The latest draft, the sixth, says the council should be chaired by the vice president and should include the relevant Union ministers and state and region chief ministers. The draft would re-categorise ethnic ancestral land in accordance with the new land law and stop granting concessions on existing categories such as forest, farm or fallow land before completing the re-categorisation. It would also use traditional disputes settlement practices and allow the participation of ethnic representatives in dispute-settlement procedures. The ethnic CSOs demanded the inclusion of ethnic representatives at the decision-making level. Government officials said the new dispute settlement mechanism should not contradict the existing judiciary system. “The traditional dispute settlement mechanism is recognised at the community level, but when the dispute is referred to the court, the mechanism should not contradict the existing judicial system. The decision will be made by the judge,” said U Tint Swe, the director of the Forest Administration Department of the Ministry of Environmental Conservation and Forestry, the focal ministry for formulating new land policy..."
Author/creator: Sandar Lwin
Language: English
Source/publisher: "Myanmar Times"
Format/size: html
Date of entry/update: 09 July 2015


Title: National Land Use Policy Consultation in Nay Pyi Taw: A positive step or a distraction?
Date of publication: July 2015
Description/subject: Opinion and analysis on business and human rights issues in Myanmar...For the last two days I have been at the Workshop on the National Land Use Policy Formulation held at the Myanmar International Convention Centre in Nay Pyi Taw. Under discussion was the 6th, and likely final, draft of the National Land Use Policy. (Available here: http://www.fdmoecaf.gov.mm/documents) While the government should be commended for holding open consultation and taking on board many of the comments from civil society, the consultation’s location in Nay Pyi Taw is prohibitive to most civil society organizations (CSOs). In fact, if it was not for the diligent organization of buses and accommodation by Land Core Group, headed by U Shwe Thein and facilitated by Glen Hunt, the consultation would have been more like a intergovernmental discussion. The opening morning consisted of speeches by U Kyaw Kyaw Lwin, the Deputy Director General (Policy/Planning) of the Forest Department and U Aye Maung Sein a National Consultant, who reminded us of the draft’s content and outlined the process of consultation undertaken so far. Vice President U Nyan Htun, Chairman of National Land Resource Management Central Committee, also delivered a speech in which he explained how the government had ‘laid down a bottom up process for all sectors.’ But the really interesting discussion came during the small working groups. The participants signed up for the following 5 different working groups:...It certainly a step forward for Myanmar when the government engages in a long consultation process and amends numerous drafts to reflect many of civil society’s concerns. If nothing else, the NLUP will serve as an important guideline for Civil Society to use in its advocacy in Myanmar. It remains to be seen how the final draft will look and how its provisions will frame the drafting of much needed, consolidated land law. One thing is certain, the irony of holding a land policy consultation in Nay Pyi Taw – itself not exactly a model of participatory, sustainable land use – was not lost on the participants."
Author/creator: Daniel Aguirre
Language: English
Source/publisher: Business & Human Rights in Burma/Myanmar
Format/size: html
Date of entry/update: 30 July 2015


Title: Fish, Rice and Agricultural Land Use in Myanmar: Preliminary findings from the Food Security Policy Project
Date of publication: 05 May 2015
Description/subject: "... Food Security Policy Project Components: • Value chains and livelihoods research • Mon State rural livelihoods and economy survey • Fish value chain • Other product and input value chains assessments • Policy Advising (e.g. Mon State Rural Development Strategy) • Training and Outreach..."
Author/creator: Ben Belton, Aung Hein, Kyan Htoo, Seng Kham, Paul Dorosh, Emily Schmidt
Language: English
Source/publisher: Myanmar Development Resource Institute (MDRI)
Format/size: pdf (3.5MB)
Date of entry/update: 23 April 2016


Title: 6th draft of the Myanmar National Land Use Policy (documents)
Date of publication: May 2015
Description/subject: [N.B. Only the 1st 2 and the last document were accessible, 30 July 2015] ..... National Land Use Policy 6th Draft (English Version) English Version(6th draft).pdf... ဆဌမအကြိမ် မြေအသုံးချမှု မူဝါဒမူကြမ်း (မြန်မာ) myanmar version (6th draft).pdf... ESIA (English) PartI... ESIA (Englsih)PartI.pdf... ESIA Letpadaung-Summary-Myanmar font... ESIA Letpadaung-Summary-Myanmar font.pdf... ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD 2883 PAGES... ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD 2883 PAGES.pdf... Lapadaung_ESIA_Scoping Study Report(English)... Lapadaung_ESIA_Scoping Study Report(English).pdf... Lapadaung_ESIA_Scoping Study Report(Myanmar)... Lapadaung_ESIA_Scoping Study Report(Myanmar).pdf... Executive_Summary_of_final_ESIA_report _English_Version... Executive_Summary_of_final_ESIA_report _English_Version.pdf... Executive Summary of final ESIA report_Myanmar_Version... Executive Summary of final ESIA report _Myanmar 3 font 13_.pdf... ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD... ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD 2883 PAGES.pdf...
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Forest Department, Nay Pyi Taw
Format/size: html
Alternate URLs: http://www.fdmoecaf.gov.mm/documents
Date of entry/update: 30 July 2015


Title: Myanmar: Land Tenure Issues and the Impact on Rural Development
Date of publication: May 2015
Description/subject: EXECUTIVE SUMMARY: "Myanmar’s agricultural sector has for long suffered due to multiplicity of laws and regulations, deficient and degraded infrastructure, poor policies and planning, a chronic lack of credit, and an absence of tenure security for cultivators. These woes negate Myanmar’s bountiful natural endowments and immense agricultural potential, pushing its rural populace towards dire poverty. This review hopes to contribute to the ongoing debate on land issues in Myanmar. It focuses on land tenure issues vis-à-vis rural development and farming communities since reforms in this sector could have a significant impact on farmer innovation and investment in agriculture and livelihood sustainability. Its premise is that land and property rights cannot be understood solely as an administrative or procedural issue, but should be considered part of broader historical, economic, social, and cultural dimensions. Discussions were conducted with various stakeholders; the government’s inter-ministerial committee mandated to develop the National Action Plan for Agriculture (NAPA) served as the national counterpart. Existing literature was also reviewed. Limitations of the review included: • maintaining inclusiveness without losing focus of critical aspects such as food security; • the lack of a detailed discussion on the administration and management of forest land which is outside its purview; and an evolving regulatory environment with work currently underway on the new draft of the National Land-Use Policy (NLUP) and Land-Use Certificates (LUCs) for farmlands (Phase One work)..."
Author/creator: Shivakumar Srinivas and U Saw Hlaing
Language: English
Source/publisher: Food and Agriculture Organization of the United Nations (FAO)
Format/size: pdf (1.1MB-reduced version; 7.5MB-original)
Alternate URLs: http://www.burmalibrary.org/docs21/FAO-2015-05-Myanmar-land_tenure&rural_development-en.pdf
Date of entry/update: 02 September 2015


Title: National Land Use Policy [Myanmar] - 6th Draft (Burmese ျမန္မာဘာသာ)
Date of publication: May 2015
Description/subject: Objectives... Basic Principles... Land Use Administration... Formation of the National Land Use Council... Determination of Land Types and Land Classifications... Land Information Management... Planning and Changing Land Use... Planning and Drawing Land Use Map... Zoning and Changing Land Use... Changing Land Use by Individual Application... Grants and Leases of Land at the Disposal of Government Procedures related to Land Acquisition, Relocation, Compensation... Part-VI Land Dispute Resolution and Appeal... Land Disputes Resolution... Appeal... Assessment and Collection of Land Tax, Land Transfer Fee and Stamp Duties... Land Use Rights of the Ethnic Nationalities... Equal Rights of Men and Women... Harmonization of Laws and Enacting New Law... Monitoring and Evaluation... Research and Development...Miscellaneous .
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: Government of the Republic of the Union of Myanmar
Format/size: pdf (488K)
Alternate URLs: http://www.fdmoecaf.gov.mm/sites/default/files/Documents/myanmar%20version%20%286th%20draft%29.pdf
Date of entry/update: 30 July 2015


Title: National Land Use Policy [Myanmar] - 6th Draft (English)
Date of publication: May 2015
Description/subject: Objectives... Basic Principles... Land Use Administration... Formation of the National Land Use Council... Determination of Land Types and Land Classifications... Land Information Management... Planning and Changing Land Use... Planning and Drawing Land Use Map... Zoning and Changing Land Use... Changing Land Use by Individual Application... Grants and Leases of Land at the Disposal of Government Procedures related to Land Acquisition, Relocation, Compensation... Part-VI Land Dispute Resolution and Appeal... Land Disputes Resolution... Appeal... Assessment and Collection of Land Tax, Land Transfer Fee and Stamp Duties... Land Use Rights of the Ethnic Nationalities... Equal Rights of Men and Women... Harmonization of Laws and Enacting New Law... Monitoring and Evaluation... Research and Development... Miscellaneous .
Language: English
Source/publisher: Government of the Republic of the Union of Myanmar
Format/size: pdf (278K)
Alternate URLs: http://www.fdmoecaf.gov.mm/sites/default/files/Documents/English%20Version%286th%20draft%29.pdf
Date of entry/update: 30 July 2015


Title: LINKING WOMEN AND LAND IN MYANMAR - RECOGNISING GENDER IN THE NATIONAL LAND USE POLICY
Date of publication: February 2015
Description/subject: Introduction: "The draft National Land Use Policy (NLUP) that was unveiled for public comment in October 2014 intends to create a clear national framework for managing land in Myanmar1. This is a very important step for Myanmar, given the fundamental importance of land policy for any society – particularly those with recent and complex histories of political and armed conflict and protracted displaced populations. With 70% of Myanmar’s population living and working in rural areas, agriculture is a fundamental part of the country’s social and economic fabric. The majority of these are small-holder farmers, whose land rights are currently under threat. The situation is particularly dire for the country’s ethnic minority groups, who make up an estimated 30% of the population. Establishing an inclusive land use policy-making process that allows for - and encourages - full and meaningful participation for all rural working people is essential for ensuring a policy outcome that is widely and effectively accepted by society. The land use policy draft under discussion here has a national scope, and will likely have a long-term impact. Therefore it is of crucial importance to the future prospects and trajectories of agriculture and the lives of those engaged in the sector, with impacts not only upon how land is used, but also upon who will use it, under what conditions, for how long and with what purposes. Ensuring that all members of Myanmar’s rural communities are considered in the making of the policy, so that their needs are represented and their rights are upheld, is critical to its legitimacy and efficacy in providing a basis for democratic access and control over land and associated resources. This policy brief will focus upon the potential gender implications of the current policy draft and offer some suggestions as to how it might be improved to promote and strengthen women’s land rights within the Myanmar context..."
Language: English
Source/publisher: Transnational Institute (TNI)
Format/size: pdf (238K)
Alternate URLs: http://www.tni.org/sites/www.tni.org/files/download/tni-nlup-gender_0.pdf
Date of entry/update: 18 February 2015


Title: THE CHALLENGE OF DEMOCRATIC AND INCLUSIVE LAND POLICYMAKING IN MYANMAR.
Date of publication: February 2015
Description/subject: A RESPONSE TO THE DRAFT NATIONAL LAND USE POLICY...."...The main problems with the current draft of the policy stem from: its failure to recognize that land has more than an economic function and that many past and present small land users have more than just economic attachments to their land; and from its failure to recognize that for any land policy to have political legitimacy and succeed, it must necessarily also have as one of its central purposes to seek to confront the twin issues of correcting past social injustices and promoting social justice. Additionally, the NLUP must address the question of how to move from an overly centralized system of governance in light of ethnic minority groups’ desires to move towards a more federal system..."
Language: English
Source/publisher: Transnational Institute (TNI)
Format/size: pdf (356-reduced version; 400K-original)
Alternate URLs: http://www.tni.org/sites/www.tni.org/files/download/the_challenge_of_democratic_and_inclusive_land_...
Date of entry/update: 18 February 2015


Title: Global Witness submission on Myanmar’s draft national land policy (Burmese ျမန္မာဘာသာ)
Date of publication: November 2014
Description/subject: ႏုိဝင္ဘာလ ၂၀၁၄ ျမန္မာႏုိင္ငံ၏ အမ်ိဳးသားေျမအသံုးခ်မႈမူဝါဒမူၾကမ္းႏွင့္ပတ္သက္၍ Global Witness ၏ အဆုိျပဳလႊာအႏွစ္ခ်ဳပ္ ဒီမုိကေရစီႏုိင္ငံအျဖစ္ ျပဳျပင္ေျပာင္းလဲမႈမ်ားျပဳလုပ္ရာတြင္ျမန္မာႏုိင္ငံအစုိးရသည္ အမ်ိဳးသားေျမအသံုးခ်မႈမူဝါဒမူၾကမ္းကုိ ၂၀၁၄ ခုႏွစ္ ေအာက္တုိဘာလတြင္ထုတ္ျပန္ခဲ့ၿပီး ျပည္သူလူထုႏွင့္ တုိင္ပင္ေဆြးေႏြးရန္ေနာက္ဆက္တြဲေျမယာဥပေဒတစ္ခုအတြက္ အစီအစဥ္မ်ားကုိလည္းထုတ္ျပန္ခဲ့ပါသည္။ ထုိသုိ႔ေဆာင္ရြက္ျခင္းသည္ အလြန္အေရးၾကီးသည့္လုပ္ေဆာင္ခ်က္ျဖစ္ၿပီး Global Witness အေနျဖင့္ ေျမႏွင့္ပတ္သက္ၿပီးခုိင္မာေသာဥပေဒျပ႒ာန္းမႈဆိုင္ရာမူေဘာင္ႏွင့္ ျပည္သူလူထုပါဝင္လာႏုိင္မည့္အခြင့္အေရးမ်ားအတြက္ အလားအလာမ်ားကို လက္ကမ္း ၾကိဳဆုိပါသည္။ သုိ႔ေသာ္ အလြန္အေရးၾကီးသည္မွာ ထုိသုိ႔ေသာ တုိင္ပင္ေဆြးေႏြးမႈသည္ အဓိပၸါယ္ရွိရမည္ျဖစ္ၿပီး စစ္မွန္စြာပါဝင္ေဆာင္ရြက္ျခင္းျဖစ္ရမည္။ ထုိ႔ေနာက္ ရရွိလာေသာတုန္႔ျပန္ခ်က္မ်ားကုိ ေျမအသံုးခ်မႈမူဝါဒႏွင့္ ေျမ အသံုးခ်မႈဥပေဒတုိ႔တြင္ အျပည့္အဝပြင့္လင္းျမင္သာမႈျဖင့္ ေပါင္းစပ္ထည့္သြင္းရမည္ျဖစ္သည္။ ထုိ႔အျပင္ အၿပီးသတ္ေျမအသံုးခ်မႈမူဝါဒႏွင့္ ေနာက္ဆက္တြဲေျမအသံုးခ်မႈဥပေဒတုိ႔သည္ ခုိင္ခံ့ရမည္ျဖစ္သည့္အျပင္ အျပည္ျပည္ဆုိင္ရာအေျခခံစံႏႈန္းမ်ားျဖင့္ ကုိက္ညီသင့္သည္။ အထူးသျဖင့္ ေျမ၊ ငါးလုပ္ငန္းႏွင့္ သစ္ေတာမ်ားဆိုင္ရာလုပ္ပုိင္ခြင့္အေပၚ တာဝန္သိေသာ အုပ္ခ်ဳပ္မႈႏွင့္ပတ္သက္သည့္ ကုလသမဂၢ၏ေစတနာအေလ်ာက္လမ္းညႊန္ခ်က္မ်ား(UN Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests) ႏွင့္ ကုိက္ညီသင့္သည္။
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: Global Witness
Format/size: pdf (301K)
Alternate URLs: http://www.globalwitness.org/sites/default/files/library/Feedback%20on%20Myanmar%20draft%20national...
Date of entry/update: 02 January 2015


Title: Global Witness submission on Myanmar’s draft national land policy (English)
Date of publication: November 2014
Description/subject: Summary: "As part of its transition to democratic reform, in October 2014, the Government of Myanmar released a draft national land policy and plans for a subsequent Land Law, for public consultation. The importance of this cannot be understated and Global Witness welcomes both the potential for a strong codified framework for land, and the opportunity for public participation. It is crucial, however, that consultation is meaningful and genuinely participatory, and the resulting feedback is incorporated into the policy and Land Law in a process that is fully transparent. What’s more, the final land policy and subsequent land law should be robust and in line with international standards, most notably, the UN Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests1. The guiding principles of the draft national land policy state that its objectives are to ‘benefit and harmonize the land use, development and environmental conservation of the land resources of the State, to protect the land use right of the citizens and to improve land administration system.’ This aim is extremely welcome as an essential step in achieving the urgently needed reforms in the country’s land governance. However what is notably absent from the policy is a clear roadmap of priorities to be addressed: genuine sustainable development should prioritise the land and user rights, livelihoods and food security of its population, followed by participatory land-use mapping to help guide decisions around the management and use of land. Only then should an assessment be made of what is required in terms of land investments and what, if any, areas of land should be allocated for commercial investment purposes. In its current form, however, the draft land policy makes no reference to poverty alleviation or food security, and instead appears to be openly promoting commercial investment in large-scale projects, potentially at the expense of Myanmar’s rural smallholders – the majority of the population. The draft land policy has come under criticism for being pro-business; however, industry should still remain cautious about the reforms being proposed. In its current form, the draft policy presents an uncertain legal landscape which requires much clarification, particularly on several contradictory articles on how land and user rights will be protected. Insecure land and user rights can present a financial risk to both governments and companies as demonstrated through recent research at the global level: both The Munden Project2 - a global think-tank working on finance and sustainability - and the international coalition group Rights and Resources Initiative have demonstrated the financial risk to both governments and businesses associated with land investments in countries where tenure rights are unclear through a number of global case studies. It is therefore recommended that the Government of Myanmar, with the assistance of its development partners, revise the current draft of the land policy to ensure it has clear aims and objectives, and is based on international standards in particular, the UN Voluntary Guidelines of the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security."
Language: English
Source/publisher: Global Witness
Format/size: pdf (393K)
Alternate URLs: http://www.burmalibrary.org/docs20/Global_Witness-2014-Feedback_on_draft_national_land_policy-en.pdf
Date of entry/update: 02 January 2015


Title: Plan to amend land use policy every five years to be added to bill
Date of publication: 23 October 2014
Description/subject: A provision allowing a change to the land use policy every five years has been put in the draft of the National Land Bill, according to U Shwe Thein, a consultant with the Land Use MANAGEMENTCommittee. U Shwe Thein said, “Unlike a ‘crony-law’, a policy cannot be used for many years [without amendment]. In the bill, we systematically put in a provision to change the policy every five years, and for the change to the policy to be based on research findings.” The clauses setting the standards and procedures to protect the land rights of the people, including the national ethnic people, will be contained in the land use policy, according to U Shwe Thein.
Author/creator: Nan Myint
Language: English
Source/publisher: "Mizzima"
Format/size: html, pdf (181K)
Date of entry/update: 24 October 2014


Title: PRO-BUSINESS OR PRO-POOR? - MAKING SENSE OF THE RECENTLY UNVEILED DRAFT NATIONAL LAND USE POLICY
Date of publication: 23 October 2014
Description/subject: A joint preliminary assessment by TNI Myanmar Project and TNI Agrarian Justice Programme.....Summary: "October 18, 2014 saw the official unveiling by the government of the Republic of the Union of Myanmar of its much-awaited draft national land use policy. Once it is finalized, the new policy will guide the establishment of a new overarching framework for the governance of tenure of land and related natural resources like forests for years to come. As such, it is of vital importance. This preliminary assessment aims to shed light on the key aspects of the draft policy and its potential implications for the country’s majority rural working poor, especially its ethnic minority peoples, although they are not the only ones whose future prospects hinge on how this policy making process will unfold. The scope of the policy is national and clearly intends to determine for years to come how land will be used – especially by whom and for what purposes – in lowland rural and urban areas as well. Focused critical engagement by civil society groups will likely be needed to ensure that the policy process addresses the concerns and aspirations of all rural working people system wide. Initial scrutiny suggests that those who see the land problem today as a problem of business and investment – e.g., how to establish a more secure environment particularly for foreign direct investments – are likely to be pleased with the draft policy. Those who think that the land problem goes deeper – e.g., implicating the social-ecological foundations of the country’s unfolding politi - cal-economic transition – are likely to be seriously concerned. This suggests that focused efforts at trying to influence the content and character of the draft policy are needed. The government’s decision to open the policy process to public participation is therefore a welcome one. Yet whether and to what extent this public consultation process will be truly free and meaningful remains to be seen"
Language: English
Source/publisher: Transnational Institute (TNI)
Format/size: pdf (245K)
Alternate URLs: http://www.tni.org/sites/www.tni.org/files/download/myanmar_land_policy-1.pdf
Date of entry/update: 24 October 2014


Title: Land Use Allocation and Scrutinizing Committee Consultation Meeting on Draft National Land Use Policy 18th October, 2014
Date of publication: 18 October 2014
Description/subject: Opening Speech by Director General of the Forest Department – Secretary of the Land Use Allotment Scrutinizing Committee... Presentation on draft national land use policy, U Aye Maung Sein, Director (retired) SLRD (Refer to Powerpoint)...Presentation on public consultation action plan and CSO pre-consultation, U Shwe Thein, LCG (Refer to Powerpoint)...Presentation on the framework of that national land law, U Aung Naing, Director Union Attorney General Office (Refer to Powerpoint)...Question and answer discussion 11.20 – 12.05...Overview on national land resource management plan – pilot projects – Dr Myat Su Mon (refer to powerpoint)...Presentation on One Map Myanmar Concept, Dr Myat Su Mon, AD, Forest Department (refer to presentation)...Presentation on collaboration on national land resource management related monitoring and evaluation – Rob Obendorf...Question and Discussion 14.30-15.30...Closing Remarks by Director General of the Forest Department – Secretary of the Land Use Allotment Scrutinizing Committee
Language: English
Source/publisher: Land Use Allocation and Scrutinizing Committee
Format/size: pdf (552K)
Date of entry/update: 24 October 2014


Title: National Land Use Policy - Draft (Burmese ျမန္မာဘာသာ )
Date of publication: 18 October 2014
Description/subject: "...[O]n 19th June, 2012, the President of the Union guided on the following land reform matters to draw and implement the national development long term and short term plans: (a) To manage, calculate, use and carry out systematically the Sustainable Development of natural resources such as land, water, forest, mines to enable to use them future generations; (b)To manage and carry out systematically the land use policy and land use management not to cause land problems such as land use, land fluctuation and land trespass; (c) To disburse, coordinate and carry out with the Union Government, the Land Use Allocation and Scrutinizing Committee, the Myanmar Investment Commission, the Privatization Commission, the Vacant, Fallow and Virgin Land Management Committee and relevant departments for urban and rural development plans and investment plans; (d)To carry out to renegotiate, draw and enact the laws and matters relating to tax and custom duty administered by the various departments relating to land in accord with international standards or existing situations..."
Language: Burmese (ျမန္မာဘာသာ) (Metadata: English)
Source/publisher: Government of the Republic of the Union of Myanmar Land Use Allocation and Scrutinizing Committee
Format/size: pdf (658K-reduced version; 694K-original)
Alternate URLs: http://www.fdmoecaf.gov.mm/law/national-land-use-policy-draft-%E2%80%93myanmar-version
Date of entry/update: 26 December 2014


Title: National Land Use Policy - Draft (English)
Date of publication: 18 October 2014
Description/subject: "...[O]n 19th June, 2012, the President of the Union guided on the following land reform matters to draw and implement the national development long term and short term plans: (a) To manage, calculate, use and carry out systematically the Sustainable Development of natural resources such as land, water, forest, mines to enable to use them future generations; (b)To manage and carry out systematically the land use policy and land use management not to cause land problems such as land use, land fluctuation and land trespass; (c) To disburse, coordinate and carry out with the Union Government, the Land Use Allocation and Scrutinizing Committee, the Myanmar Investment Commission, the Privatization Commission, the Vacant, Fallow and Virgin Land Management Committee and relevant departments for urban and rural development plans and investment plans; (d)To carry out to renegotiate, draw and enact the laws and matters relating to tax and custom duty administered by the various departments relating to land in accord with international standards or existing situations..."
Language: English
Source/publisher: Government of the Republic of the Union of Myanmar Land Use Allocation and Scrutinizing Committee
Format/size: pdf (269K)
Alternate URLs: http://www.fdmoecaf.gov.mm/law/national-land-use-policy-draft-%E2%80%93english-version
Date of entry/update: 24 October 2014


Title: BURMA/MYANMAR: Farmers face prison sentences for trespassing and move to remote prisons
Date of publication: 25 July 2014
Description/subject: "President of Myanmar, U Thein Sein, announced that the government cannot give back over 30,000 acres of paddy land that the state has been using since it was confiscated by the army two decades ago. On the one hand the President ordered state and regional governments and land management committee to cooperate with members of the parliament to solve the problem of land grabbing cases. On the other hand he has announced the government cannot handover some land back. This is leading to prosecution and prison sentences for the farmers in conflict with the army regarding their land...On 27 and 28 May 2014, 190 farmers from Pharuso Township, Kayah State were prosecuted for ploughing in land confiscated by No.531 Light Infantry Battalion. Tanintharyi regional government seized farmland for Dawei New Town Plan Project in Dawai Township and the District Administrative Officer with his team began construction on the grabbed land. Twenty farmers who did not take compensation for their land tried to halt the team. As a result, all the farmers were prosecuted; 10 were sentenced to 3 to 9 months imprisonment and the others paid fines. There are 450 farmers from Kanbalu Township, Sagaing Region who are protesting against the military and have had cases filed against them for cultivating in the confiscated land..."
Language: English
Source/publisher: Asian Human Rights Commission
Format/size: html
Date of entry/update: 25 July 2014


Title: NOT JUST DEFENDING; ADVOCATING FOR LAW IN MYANMAR
Date of publication: June 2014
Description/subject: "...Through research on Myanmar, we argue that in authoritarian settings where legality has drastically declined, the starting point for cause lawyering lies in advocacy for law itself, in advocating for the regular application of law’s rules. Because this characterization is liable to be misunderstood as formalistic, particularly by persons familiar with less authoritarian, more legally coherent settings than the one with which we are here concerned, it deserves some brief comments before we continue...By insisting upon legal formality as a condition of transformative justice, cause lawyers in Myanmar advocate for the inherent value of rules in the courtroom, but also incrementally build a constituency in the wider society. In advocating for faithful application of declared rules, in insisting on formal legality in the public domain, lawyers encourage people to mobilize around law as an idea, essential for making law meaningful in practice. They promote a notion of the legal system as once more an arena in which citizens can set up interests that are not congruent with those of the state; an arena in which cause lawyering is made viable and in which the cause lawyer has a distinctive role to play..." Includes description and discussion of the Kanma land-grab case.....The digitised version may contain errors so the original is included an an Alternate URL.
Author/creator: Nick Cheesman, Kyaw Min San
Language: English
Source/publisher: Wisconsin International Law Journal
Format/size: pdf (226K-digitised version; 1.6MB-original)
Alternate URLs: http://www.burmalibrary.org/docs19/Cheesman_KMS__Not_just_defending-orig.pdf
Date of entry/update: 17 August 2014


Title: CASE STUDY ON LAND IN BURMA
Date of publication: 14 March 2014
Description/subject: Report Summary: "This case study has been produced in response to a request made to the Evidence on Demand Helpdesk. The objective of the request was to write a detailed case study on land tenure reform in a fragile and post-conflict state, Burma, and provide the reader with an understanding of how land tenure reform can work under the country’s particular social, political and economic conditions. Burma is a fragile state undergoing a period of profound economic and political reform following a period of conflict and isolation. As the poorest country in South Asia, land is the main asset for many people, especially in rural areas where most of Burma’s population lives. However, most farmers have weak tenure security, and in the recent past have been exposed to land expropriation by the Burmese army and the other state institutions of a military dictatorship. Additionally, in conflict-affected border states, the strategy of government forces and non-state armed groups to finance military operations by leasing land to investors has led to land grabbing on both sides. The recent political changes that have put the country back on the road to civilian rule have profound implications for security of land tenure. Land legislation passed in 2012 is meant to strengthen the formal land administration and provide more rights for landholders, including the right to lease and sell land. It also introduces a system for issuing land use certificates, which the government plans to roll out swiftly over the next few years. At the same time, the government’s policy to open up to foreign investment for large-scale agriculture, mining and industrial zones threatens to place further pressure on access to land. How recent legal reforms translate into land tenure reform, i.e. into changes in the terms and conditions of how land is held and transacted, remains to be seen and depends on whether state institutions desist from, and prevent, further expropriation, and whether the new Farmland Management Boards that administer land at the local level function effectively. Commentators warn that weaknesses in the legal framework potentially disadvantage farmer’s tenure security in the face of powerful state-backed interests; however, evidence suggesting if these fears are confirmed is unavailable. This case study discusses the content of these legal reforms in the context of Burmese politics, noting how some of the changes intended in the laws may have an impact on the tenure security of landholders. Donors can support improved land administration by increasing dialogue on land issues with political leaders, by funding technical expertise to assist land administration functions and land governance processes, and by highlighting learning experiences from other countries with similar characteristics. They can help rural landholders to improve their security of tenure by funding civil society groups to carry out research and awareness-raising campaigns among landholders, by providing direct training to farmers to better negotiate land sales or leases, and by funding activities that raise the awareness of private sector entities on how to avoid poor practices associated with leasing land."
Author/creator: Giles Henley
Language: English
Source/publisher: ODI, DFID, CEIL PEAKS via Evidence on Demand
Format/size: pdf (387K)
Date of entry/update: 14 November 2014


Title: A political anatomy of land grabs
Date of publication: 03 March 2014
Description/subject: The phrase “land grab” has become common in Myanmar, often making front page news. This reflects the more open political space available to talk about injustices, as well as the escalating severity and degree of land dispossession under the new government. But this seemingly simple two-word phrase is in fact very complex and opaque. It thus deserves greater clarity in order to better understand the deep layers of meaning to farmers in the historical political context of Myanmar. Understanding the deeper significance and meaning that farmers attach to the words “land grab” entails frank discussions of formerly taboo subjects related to the country’s history of armed conflict, illicit drugs, cronyism and racism. Various state and non-state armed actors have been responsible for land grabs in Myanmar during the past several decades, mirroring recent historical periods.
Author/creator: Kevin Woods
Language: English
Source/publisher: Myanmar Times
Format/size: html
Alternate URLs: http://farmlandgrab.org/post/view/23224
Date of entry/update: 24 October 2014


Title: The scramble for the Waste Lands: Tracking colonial legacies, counterinsurgency and international investment through the lens of land laws in Burma/Myanmar
Date of publication: 2014
Description/subject: "This article traces the revenue category and legal concept of the Waste Land in Burma/Myanmar from its original application by the British colonial apparatus in the nineteenth century, to its later use in tandem with Burma Army counterinsurgent tactics starting in the 1960s, and finally to the 2012 land laws and current issues in international investment. This adaptation of colonial ideas about territorialization in the context of an ongoing civil war offers a new angle for under- standing the relationship between military tactics and the political economy of conflict and counterinsurgent strategies which crucially depended on giving local militias—both government and nongovernment—high degrees of autonomy. The recent government changes, including the more civilian representation in parliament and its shift to engage with Western economies, raise questions regarding the future of the military, as well as local autonomy and the rural peasantry’s access to land. As increasing numbers of international investors are poised to enter the Myanmar market, this article will revisit notions of land use and appropriation, and finally the role of the army and its changing relationship with Waste Lands... Keywords: Burma, colonialism, counterinsurgency, land law, Myanmar, Waste Land
Author/creator: Jane M. Ferguson
Language: English
Source/publisher: Singapore Journal of Tropical Geography 35 (2014) 295–31
Format/size: pdf (460K)
Date of entry/update: 01 January 2015


Title: A NEW DAWN FOR EQUITABLE GROWTH IN MYANMAR? Making the private sector work for small - scale agriculture
Date of publication: 04 June 2013
Description/subject: "The new wave of political reforms have set Myanmar on a road to unprecedented economic expansion, but, without targeted policy efforts and regulation to even the playing field, the benefits of new investment will filter down to only a few, leaving small - scale farmers – the backbone of the Myanmar economy – unable to benefit from this growth...KEY RECOMMENDATIONS: If Myanmar is to meet its ambitions on equitable growth, political leaders must put new policies and regulation to generate equitable growth at the heart of their democratic reform agenda. Along with democratic reforms, and action to end human-rights abuses, these policies must: * Address power inequalities in the markets; * Put small-scale farmers at the center of new agricultural investments; * Close loopholes in law and practice that leave the poorest open to land-rights abuses..."
Language: English
Source/publisher: OXFAM
Format/size: pdf (266K-reduced version; 314K-original)
Alternate URLs: http://www.oxfam.org/sites/www.oxfam.org/files/ib-equitable-growth-myanmar-040613-en.pdf
Date of entry/update: 01 July 2013


Title: Bridging the HLP Gap - The Need to Effectively Address Housing, Land and Property Rights During Peace Negotiations and in the Context of Refugee/IDP Return
Date of publication: 02 June 2013
Description/subject: Bridging the HLP Gap - The Need to Effectively Address Housing, Land and Property Rights During Peace Negotiations and in the Context of Refugee/IDP Return: Preliminary Recommendations to the Government of Myanmar, Ethnic Actors and the International Community.....Executive Summary: "Of the many challenging issues that will require resolution within the peace processes currently underway between the government of Myanmar and various ethnic groups in the country, few will be as complex, sensitive and yet vital than the issues comprising housing, land and property (HLP) rights. Viewed in terms of the rights of the sizable internally displaced person (IDP) and refugee populations who will be affected by the eventual peace agreements, and within the broader political reform process, HLP rights will need to form a key part of all of the ongoing moves to secure a sustainable peace, and be a key ingredient within all activities dedicated to ending displacement in Myanmar today. The Government Myanmar (including the military) and its various ethnic negotiating partners – just as with all countries that have undergone deep political transition in recent decades, including those emerging from lengthy conflicts – need to fully appreciate and comprehend the nature and scale of the HLP issues that have emerged in past decades, how these have affected and continue to affect the rights and perspectives of justice of those concerned, and the measures that will be required to remedy HLP concerns in a fair and equitable manner that strengthens the foundations for permanent peace. Resolving forced displacement and the arbitrary acquisition and occupation of land, addressing the HLP and other human rights of returning refugees and IDPs in areas of return, ensuring livelihood and other economic opportunities and a range of other measures will be required if return is be sustainable and imbued with a sense of justice. There is an acute awareness among all of those involved in the ongoing peace processes of the centrality of HLP issues within the context of sustainable peace, however, all too little progress has thus far been made to address these issues in any detail, nor have practical plans commenced to resolve ongoing displacement of either refugees or IDPs. Indeed, the negotiating positions of both sides on key HLP issues differ sharply and will need to be bridged; many difficult decisions remain to be made..."
Author/creator: Scott Leckie
Language: English
Source/publisher: Displacement Solutions
Format/size: pdf (1.6MB)
Alternate URLs: http://displacementsolutions.org
http://displacementsolutions.org/landmark-report-launch-bridging-the-housing-land-and-property-gap-in-myanmar/
Date of entry/update: 17 June 2013


Title: Land (Section 4.3 of "Myanmar Oil & Gas Sector-Wide Impact Assessment (SWIA)"
Date of publication: 2013
Description/subject: Land is often the most significant asset of most rural families. 70% of Myanmar’s population lives in rural areas and 70% of the population is engaged in agriculture and related activities. Many farmers use land communally under a customary land tenure system, especially in upland areas inhabited by ethnic minorities. Customary use and ownership of land is a widespread and longstanding practice. 257 The field assessments confirmed what is ev ident from secondary research: that for the vast majority of the Myanmar population dependent on access to land for livelihoods, where land is taken, even with monetary compensation, the impacts on an adequate standard of living can be significant. Compensation is often not keeping up with rapidly escalating land prices, meaning displaced farmers are unable to acquire new land in nearby areas.... In this section: A. National Context... B. Key Human Rights Implications for the O&G Sector... C. Field Assessment Finding
Language: English
Source/publisher: Myanmar Centre for Responsible Business
Format/size: pdf (2MB)
Date of entry/update: 26 December 2014


Title: Scott Leckie: ‘Burma could very easily become the displacement capital of Asia’
Date of publication: 05 November 2012
Description/subject: "...In the last six to eight months there’s been a lot of commotion made about land disputes in Burma. Legally speaking, what’s setting the precedent for this to happen now? Well the whole phenomenon needs to be looked at in terms of the history of the country when it comes to land ever since independence, whereby a system of law, which essentially gave all power to the state when it came to the control, use and allocation of land, was used and very often abused by those who were members of the state or closely associated with the state to acquire land for personal benefit. That process may take a slightly different form today and may manifest itself in slightly different ways than it did in the past, but the environment now – with greater openness and greater commercial possibilities, business possibilities and investment possibilities – has put ever greater and increasing pressure on land with the net result being that values go up, expectations go up, and therefore the incentives to acquire land and benefit from it personally have also consequentially expanded. That of course leaves those who reside on the land in an extremely difficult position, particularly in a country which traditionally has not taken housing, land and property (HLP) rights of the citizenry very seriously..."
Author/creator: David Stout
Language: English
Source/publisher: Democratic Voice of Burma (DVB)
Format/size: html
Date of entry/update: 20 November 2012


Title: Legal Review of Recently Enacted Farmland Law and Vacant, Fallow and Virgin Lands Management Law - Improving the Legal & Policy Frameworks Relating to Land Management in Myanmar
Date of publication: November 2012
Description/subject: "The Farmland Law and the VFV Law were approved by Parliament on March 30th, 2012. There have been a few improvements compared to previous laws such as recognition of non-rotational taungya as a legitimate land-use and recognition that farmers are using VFV lands without formal recognition by the Government. However overall the Laws lack clarity and provide weak protection of the rights of smallholder farmers in upland areas and do not explicitly state the equal rights of women to register and inherit land or be granted land-use rights for VFV land. The Laws remain designed primarily to foster promotion of large-scale agricultural investment and fail to provide adequate safeguards for the majority of farmers who are smallholders. In particular tenure security for farmland remains weak due to the Government retaining power to rescind farm land use rights leaving smallholders vulnerable to dispossession of their land-use rights. In addition there remains some unnecessary de-facto government control over the crop choices of farmers. In particular it is recommended that recognition of land-use rights under customary law and the creation of mechanisms for communal registration of land-use rights, be included in the Farmland and VFV Laws. There needs to be a comprehensive process of re-classifying land in the country to reflect land-use changes resulting from conversion of forests and VFV land into agricultural land, loss of agricultural land due to development projects, urban expansion and population growth. This will serve to reduce land conflict in the countryside and provide genuine tenure security for smallholders. Furthermore the specific and independent rights of women must be explicitly stated in the Laws. Added to this the fundamental principle of free, prior and informed consent should be enshrined, especially in regard to removal of land-use rights in the national interest. It is also necessary that the Government works in partnership with civil society and farmers associations to revise the Farmland and VFV Laws..."
Author/creator: Robert B. Oberndorf, J. D.
Language: English
Source/publisher: Forest Trends, Food Security Working Group’s Land Core Group
Format/size: pdf (236K)
Alternate URLs: http://www.burmalibrary.org/docs15/Legal_Review_of_Farmland_Law&VFV_Land_Law.pdf
Date of entry/update: 01 July 2013


Title: Myanmar at the HLP Crossroads (final version)
Date of publication: 25 October 2012
Description/subject: Executive Summary: "Few issues are as frequently discussed and politically charged in transitional Myanmar as the state of housing, land and property (HLP) rights. The effectiveness of the laws and policies that address the fundamental and universal human need for a place to live, to raise a family, and to earn a living, is one of the primary criterion by which most people determine the quality of their lives and judge the effectiveness and legitimacy of their Governments. Housing, land and property issues undergird economic relations, and have critical implications for the ability to vote and otherwise exercise political power, for food security and for the ability to access education and health care. As the nation struggles to build greater democracy and seeks growing engagement with the outside world, Myanmar finds itself at an extraordinary juncture; in fact, it finds itself at the HLP Crossroads. The decisions the Government makes about HLP matters during the remainder of 2012 and beyond, in particular the highly controversial issue of potentially transforming State land into privately held assets, will set in place a policy direction that will have a marked impact on the future development of the country and the day-to-day circumstances in which people live. Getting it right will fundamentally and positively transform the nation from the bottom-up and help to create a nation that consciously protects the rights of all and shows the true potential of what was until very recently one of the world's most isolated nations. Getting it wrong, conversely, will delay progress, and more likely than not drag the nation's economy and levels of human rights protections downwards for decades to come. Myanmar faces an unprecedented scale of structural landlessness in rural areas, increasing displacement threats to farmers as a result of growing investment interest by both national and international firms, expanding speculation in land and real estate, and grossly inadequate housing conditions facing significant sections of both the urban and rural population. Legal and other protections afforded by the current legal framework, the new Farmland Law and other newly enacted legislation are wholly inadequate. These conditions are further compounded by a range of additional HLP challenges linked both to the various peace negotiations and armed insurgencies in the east of the country, in particular Kachin State, and the unrest in Rakhine State in the western region. The Government and people of Myanmar are thus struggling with a series of HLP challenges that require immediate, high-level and creative attention in a rights-based and consistent manner. As the country begins what will be a long and arduous journey toward democratization, the rule of law and stable new institutions, laws and procedures, the time is ripe for the Government to work together with all stakeholders active within the HLP sector to develop a unique Myanmar- centric approach to addressing HLP challenges that shows the country's true potential. And it is also time for the Government to begin to take comprehensive measures - some quick and short-term, others more gradual and long-term - to equitably and intelligently address the considerable HLP challenges the country faces, and grounding these firmly within the reform process.Having thoroughly examined the de facto and de jure HLP situation in the country based on numerous interviews, reports and visits, combined with an exhaustive review of the entire HLP legislative framework in place in the country, this report recommends that the following four general measures be commenced by the Government of Myanmar before the end of 2012 to improve the HLP prospects of Myanmar:..."
Language: English
Source/publisher: Displacement Solutions
Format/size: pdf (1.4MB-OBL version; 2.55MB-original)
Alternate URLs: http://displacementsolutions.org/files/documents/MyanmarReport.pdf
Date of entry/update: 26 October 2012


Title: Application forms to use farm land (Burmese ျမန္မာဘာသာ )
Date of publication: 31 August 2012
Description/subject: These forms relate to the Farmland Rules of 31 August 2012
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: Myanmar Ministry of Agriculture and Irrigation
Format/size: pdf (833K)
Date of entry/update: 24 December 2014


Title: Farmland Rules - Notification No 62/2012 (English)
Date of publication: 31 August 2012
Description/subject: Notification No 62/2012 - 14 Waxing Wagaung 1374 ME (31, August, 2012) - Designating the Date of Coming into Force of Farm Land Law...The Ministry of Agriculture and Irrigation promulgated the following rules by using the power vested by the section-42, sub-section (a) of farm land law with the approval of Pyidaungsu Government.... 1. These rules shall be called farm land rules. 2. The words and expressions contained in these rules shall mean as contained in Farm Land Law. And the following words shall mean as described..."
Language: English
Source/publisher: The Republic of the Union of Myanmar President Office
Format/size: pdf (159K)
Date of entry/update: 14 January 2013


Title: Vacant, Fallow and Virgin Lands Management Rules - Notification No. 1/2012 (English)
Date of publication: 31 August 2012
Description/subject: The Ministry of Agriculture and Irrigation, exercising its given rights, and with the approval of the Union Government, has issued the following rules in accordance with Section 34, Subsection (a) of the Vacant, Fallow and Virgin Lands Management Law - 1. These rules shall be called the Vacant, Fallow and Virgin Lands Management Rules. 2. The terms and expressions used in these rules shall have the same meaning as used in the Vacant, Fallow and Virgin Lands Management Law. In addition, the following expressions shall have the meanings as stated below:
Language: English
Source/publisher: The Republic of the Union of Myanmar Ministry of Agriculture and Irrigation (Unofficial Translation by UN-Habitat)
Format/size: pdf (295K)
Date of entry/update: 14 January 2013


Title: Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012 (English)
Date of publication: 30 March 2012
Description/subject: Farmland Act (Pyidaungsu Hluttaw Law No.ll of 2012) Day of 8th Waxing of Tagu 1373 ME (30th March, 2012).....The translation has some notable shortcomings...
Language: English
Source/publisher: Government of the Republic of the Union of Myanmar (GRUM) via UN Habitat
Format/size: pdf (62K)
Date of entry/update: 14 May 2013


Title: Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012 - လယ္ယာေျမဥပေဒ (၂၀၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ဥပေဒ အမွတ္ ၁၁)
Date of publication: 30 March 2012
Description/subject: agrarian
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 3 April 2012
Format/size: pdf (44K, 143K-"Mirror" version; 125K, Alternate URL))
Alternate URLs: http://www.burmalibrary.org/docs13/Farmland_Act%28bu%29.pdf
http://www.burmalibrary.org/KN/30.3.12_Farmland_law-red.pdf
Date of entry/update: 05 April 2012


Title: Vacant, Fallow and Virgin Land Management Act - Pyidaungsu Hluttaw Law No. 10/2012 - ေျမလြတ္၊ ေျမလပ္၊ ေျမရုိင္းမ်ားစီမံခန္႔ခြဲေရးဥပေဒ
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: Vacant, Fallow and Virgin Land Management Act - Pyidaungsu Hluttaw Law No. 10/2012 - English, Burmese (ျမန္မာဘာသာ)
Date of publication: 30 March 2012
Description/subject: Official Burmese and English versions; unofficial English version (Habitat)
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Pyidaungsu Hluttaw
Format/size: pdf (141K-en&bu-official versions; 292K-unofficial en version)
Alternate URLs: http://www.burmalibrary.org/docs13/VFVLM_Law-en.pdf
Date of entry/update: 17 June 2012


Title: More warnings over land bills
Date of publication: 20 February 2012
Description/subject: Experts say two pieces of draft legislation have 'major gaps' that could be exploited for land grab..."Harvard academics, farmers, activists, politicians, United Nations agencies and a Nobel Prize-winning economist have joined the debate on land rights reform, warning that two proposed land laws could lead to increased poverty and inequality if approved in their current form. The Farmland Bill and Vacant, Fallow and Virgin Land Management Bill were submitted to parliament during the second session but had not been passed when the session ended in late November. Activists and land rights experts say the bills are inadequate and require further consultation, and in late 2011 quietly began campaigning to have both of the draft laws amended. With as much as two-thirds of the population relying on agriculture for their livelihoods, the issue is considered critical to efforts to alleviate poverty and promote inclusive and sustainable development..."
Author/creator: Thomas Kean
Language: English
Source/publisher: "Myanmar Times" Volume 31, No. 615
Format/size: html
Alternate URLs: http://www.mmtimes.com/2012/news/615/news61501.html
Date of entry/update: 22 June 2012


Title: Advocating for Sustainable Development in Burma (Burmese ျမန္မာဘာသာ)
Date of publication: 2012
Description/subject: ဤနုိးေဆာ္မႈမ်ားသည္ ျမန္မာႏိုင္ငံ၏ ေရရွည္တည္တံ့ခိုင္ၿမဲေသာ ဖြံ႕ၿဖိဳးေရး က႑မ်ားတြင္ပါ၀င္မည့္ အဖြဲ႕အစည္းမ်ား၊ တသီးပုဂၢလမ်ားအတြက္ အခ်က္အလက္ရင္းျမစ္မ်ားပင္ ျဖစ္သည္။ ဤအခ်က္အလက္ ရင္းျမစ္မ်ားသည္ ေရရွည္တည္တံ့ခိုင္ၿမဲေသာဖြံ႕ၿဖိဳးေရးအယူအဆ၊ ျမန္မာ အစိုးရ၏ တာ၀န္၀တၱရားမ်ားႏွင့္ ေဆာင္ရြက္ရန္ရွိသည့္အခ်က္အလက္မ်ားကိုေဖာ္ျပသည္။ ေရရွည္တည္တံ့ခိုင္ၿမဲေသာဖြံ႕ၿဖိဳးေရးသည္ ႏိုင္ငံ၏သဘာ၀သယံဇာတအရင္းအျမစ္ႏွင့္ ပတ္၀န္းက်င္ကို ထိခုိက္ပ်က္စီးေစမႈ မရွိဘဲ လူသားတုိ႔၏လုိအပ္ခ်က္၊ အထူးသျဖင့္ အမွန္တကယ္အကာအကြယ့္မဲ့ဒုကၡေရာက္လ်က္ရွိေသာ လူမႈအဖြဲ႕အစည္းမ်ား၏ လိုအပ္ခ်က္ကို တိုက္႐ိုက္အက်ဳိးသက္ေရာက္ေစမည့္ ဖြံ႕ၿဖိဳးေရး ျဖစ္သည္။ ေရရွည္တည္တံ့ခိုင္ၿမဲေသာ ဖြံ႕ၿဖိဳးေရးသည္ သဘာ၀ကမၻာေျမႀကီး ႏွင့္ လူေနထိုင္မႈဘ၀တို႔ကို က႑ေပါင္းစံုျဖင့္ ဆက္စပ္လ်က္ရွိသည္။ က႑ေပါင္းစံုဟုဆိုရာတြင္ ဇီ၀မ်ိဳးကြဲမ်ား (သဘာ၀ပတ္၀န္းက်င္အတြင္း ကြဲျပားမႈအမ်ိဳးမ်ိဳး)၊ ေျမယာ (သတၱဳတြင္းတူးေဖာ္ျခင္း အပါအ၀င္)၊ သစ္ေတာမ်ား၊ စိုက္ပ်ဳိးေရး၊ ေရ၊ စြမ္းအင္ႏွင့္ စီးပြားေရးတို႔ျဖစ္သည္။...
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: Burma Environmental Working Group (BEWG)
Format/size: pdf (5.6MB)
Alternate URLs: http://www.burmalibrary.org/docs22/Advocating_for_Sustainable_Development_in_Burma_full.ppt
Date of entry/update: 21 April 2016


Title: Advocating for Sustainable Development in Burma (English)
Date of publication: 2012
Description/subject: "... This is a resource for organisations and individuals advocating about sustainable development issues in Burma. This resource provides information about the concept of sustainable development and about the government of Burma’s commitments and responsibilities when it comes to sustainable development. Sustainable development is development that does not damage the environment or the country’s natural resources, and that meets people’s needs, including the needs of the most vulnerable communities. Sustainable development relates to many aspects of the natural world and of people’s lives. These aspects include: biodiversity (variety in the natural environment), land (including mining), forests, agriculture, water, energy, and the economy..."
Language: English
Source/publisher: Burma Environmental Working Group (BEWG)
Format/size: pdf (1.7MB); ppt (4.8MB)
Alternate URLs: http://www.burmalibrary.org/docs22/Advocating_for_Sustainable_Development_in_Burma_full.ppt
Date of entry/update: 21 April 2016


Title: Advocating for Sustainable Development in Burma (Kachin)
Date of publication: 2012
Description/subject: Ndai gaw uhpung uhpawng ni hte tinghkrai hku nna myen mung Kata n amazing bawng ring lam a matu sut nhprang laika rai nga ai. Ndai sut nhprang laika gaw, matut manoi kyem mazing bawng ring masa a shiga hte dai mazing bawng ring lam galaw sa wa yang myen mungdan a ap nawng ai hte lit la ai shiga hpe jaw nga ai. Madi shadaw kyem mazing bawng ring masa gaw makau grup yin hpe n jahten shaza ai (sh) mungdan a shingra nhprang sut rai hpe n jahten ai bawngring lam rai nna grau jahten shaza hkrum ai shinggyim uhpawng ni mada’ shawa masha ni hta ra ai lam ni hpe jahkum shatsup ya nga ai. Kawn” mazing bawng ring lam gaw shingra mungkan hte shinggyim masha ni a asak hkrung lam hta na nsam maka law law hte matut mahkai nga ai. Ndai nsam maka kumla ni hta lawm ai gaw sakhkrung hpan hkum (grup yin nga ai arai amyu baw hkum sumhpa), lamu ga (ja maw, sut nhprang maw ni lawm ai), nam maling hkai sun, hka tsam n-gun hte sut masa ni rai nga ma ai.
Language: Kachin
Source/publisher: Burma Environmental Working Group (BEWG)
Format/size: pdf (869K)
Alternate URLs: http://www.burmalibrary.org/docs22/Advocating_for_Sustainable_Development_in_Burma_full.ppt
Date of entry/update: 21 April 2016


Title: Advocating for Sustainable Development in Burma (Shan)
Date of publication: 2012
Description/subject: "... This is a resource for organisations and individuals advocating about sustainable development issues in Burma. This resource provides information about the concept of sustainable development and about the government of Burma’s commitments and responsibilities when it comes to sustainable development. Sustainable development is development that does not damage the environment or the country’s natural resources, and that meets people’s needs, including the needs of the most vulnerable communities. Sustainable development relates to many aspects of the natural world and of people’s lives. These aspects include: biodiversity (variety in the natural environment), land (including mining), forests, agriculture, water, energy, and the economy..."
Language: Shan
Source/publisher: Burma Environmental Working Group (BEWG)
Format/size: pdf (1.3MB)
Alternate URLs: http://www.burmalibrary.org/docs22/Advocating_for_Sustainable_Development_in_Burma_full.ppt
Date of entry/update: 21 April 2016


Title: Myanmar Protected Areas: Context, Current Status and Challenges
Date of publication: 2011
Description/subject: "... Protected areas (PAs) are important tools for biodiversity conservation and sustainable development. PAs safeguard ecosystems and their services, such as water provision, food production, carbon sequestration and climate regulation, thus improving people’s livelihoods. They preserve the integrity of spiritual and cultural values placed by indigenous people on wild areas and offer opportunities of inspiration, study and recreation. Due to a long period of isolation, Myanmar has conserved an extraordinary natural and cultural heritage that is in part represented in its protected area system. The expansion of agriculture and industry, pollution, population growth, along with uncontrolled use and extraction of resources, are causing severe environmental and ecosystem degradation. Loss of biodiversity is the most pressing environmental problem because species extinction is irreversible. Realising the urgency of Myanmar environmental challenges, several stakeholders, at national, international and regional level, have committed to support conservation and management of PAs. However, baseline information on natural resources, threats, management, staff, infrastructure, land use, tourism and research in Myanmar PAs was hardly ever updated and not systematically organised, thus limiting the subsequent planning and management of resources. Therefore, the aim of this publication is twofold: to raise awareness on the condition of the conservation of PAs and to mobilise national and international support for cost-effective initiatives, innovative approaches and targeted research in priority sites. The document provides background information on Myanmar natural features, environmental, government and non-government frameworks (Chapter 1). The core section makes available the information retrieved in the period 2009-2010 on the status of Myanmar PAs (Chapter 2) and the results of the research conducted in Lampi Island Marine National Park (Chapter 3) and Rakhine Yoma Elephant Range Wildlife Reserve (Chapter 4). Data collection, analysis and organisation were part of the larger Myanmar Environmental Project (MEP) managed by Istituto Oikos in partnership with BANCA. Conclusion and recommendations for the management of Myanmar PAs (Chapter 5) were jointly formulated by stakeholders during the MEP closing workshop held on March 17th 2011 in Yangon. The information presented in this publication is also organised in a database available to stakeholders that will be updated with new data provided by PA managers, academic institutions, environmental organisations and community-based groups working in Myanmar PAs to fill the existing gaps..."
Author/creator: Lara Beffasti, Valeria Galanti, Tint Tun
Language: English
Source/publisher: Istituto Oikos, Biodiversity and Nature Conservation Association (BANCA)
Format/size: pdf (6.1MB)
Date of entry/update: 22 April 2016


Title: Guidance Note on Land Issues (Myanmar)
Date of publication: June 2010
Description/subject: "This note is meant to serve as a quick reference for local authorities and NGOs to acquire an understanding of relevant land laws and the context of land-use in Myanmar. All land and all natural resources in Myanmar, above and below the ground, above and beneath the water, and in the atmosphere is ultimately owned by the Union of Myanmar. Although the socialist economic system was abolished in 1988, the existing Land Law and Directions were not changed in parallel, and thus these are still in use today in accordance with the ‘Adaptation of Expression of Law’ of the State Law and Order Restoration Council Law No 8/88..."
Language: English
Source/publisher: UN Habitat, UNHCR
Format/size: pdf (1.7MB)
Date of entry/update: 12 November 2011


Title: The Customary Ideology of Karenni People
Date of publication: 2002
Description/subject: "... Karenni people celebrated three kinds of pole festivals in a year. The first one is called Tya-Ee-Lu-Boe-Plya. During this festival, the people went to their paddy fields, vegetable farms, picked the premature fruits and brought it to the Ee-Lu-pole. They put the premature fruits on altar, thank god and then pray for good fruits and good harvest. The second one called Tya-Ee-Lu-Phu-Seh. In this festival they pray god to bless the teenagers with good conducts, and good healths. The third one is Tya-Ee-Lu-Du. The festival concerned to everyone. Everyone can pray the god for himself and his family. Outwardly, it appeared to other people that they are worshiping spirits because they are feeding spirits. Karenni people believe that the god had sent the various kinds of sprits in to the world to harm the human beings. In the festival, they only feed the spirits and ask its not to herm them. The essence of the festival is to remember the gratitude of the goddess of creation, and to thank the eternal god who is controlling thiws world and then to pray the god for good future..."
Language: English
Source/publisher: Khai Htoe Boe Association, Ee-Lu-Phu Committee
Format/size: pdf (5MB-reduced version; 23MB-original)
Alternate URLs: http://www.burmalibrary.org/docs22/The_Custmary_Ideology_of_Karenni_People.pdf
Date of entry/update: 22 April 2016