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Customary tenure (Myanmar)

Websites/Multiple Documents

Title: Land Issues (MYLAFF folder)
Description/subject: Community and Customary Land - 12 files ... Dispute Mechanisms and Approaches - 9 files... General - 45 files Human Rights - 14 files... Land and the Ceasefire Process... Land Grabbing - 68 files... Land Titling - 7 files... Community Mapping: Overcoming Complexities... Free, Prior, Informed, Consent: Policy Brief... Gendered Aspects of Land Rights in Myanmar... Institutional Models for a Future Recognition and Registration of Customary (Communal) Tenure in Myanmar..... To access some files, users may have to take out a (free) subscription to MYLAFF at https://groups.google.com/forum/#!forum/mylaff
Language: English
Source/publisher: MYLAFF
Format/size: html
Alternate URLs: http://www.mylaff.org/
Date of entry/update: 02 July 2016


Individual Documents

Title: Analysis of ways to codify customary communal shifting cultivation land in Myanmar
Date of publication: July 2017
Description/subject: XVI Biennial Conference of the IASC, Utrecht July 2017 Track 8: What Role can the Commons play in the Struggle for Land Rights, in particular of Indigenous Communities?..."Research into the Commons can contribute to the struggle for land rights of indigenous communities, if the research can suggest the means for the indigenous communities to articulate their claims and seek ways to have their land protected under statutory law in a way that does not distort their traditional tenure arrangements. The present research looks at this struggle for land rights in Myanmar to show how the application of the Theory of the Commons and its guiding principles can prepare a stepping stone for the preparation of procedures that eventually could become embedded in a legal and regulatory framework for land registration of customary communal agricultural land of upland ethnic groups..."
Author/creator: Kirsten Ewers Andersen
Language: English
Source/publisher: XVI Biennial Conference of the IASC, Utrecht July 2017
Format/size: pdf (1MB)
Date of entry/update: 17 July 2017


Title: The Recognition of Customary Tenure in Myanmar
Date of publication: November 2016
Description/subject: "The present study on Myanmar focuses on customary tenure among upland ethnic nationalities, where colonial and state land administration systems have been poorly integrated, allowing customary systems to be sustained over time. Much like under British colonial power, the state has an ambiguous attitude towards customary systems: they are not formally recognized in law but in practice they are tolerated. Customary land is not titled and therefore at risk of alienation. The expropriation of many thousands of acres of farmers’ land during the military junta and its cronies since the 1980s, and the increase in foreign investments that has accompanied democratic reforms under the former Thein Sein government, have presented new and intensified risks to customary land, particularly in the uplands where most economic land concessions are granted. Without legal recognition and protection, land under customary tenure is vulnerable to appropriation by the state and commercial interests..."
Author/creator: Kirsten Ewers Andersen
Language: English
Source/publisher: Mekong Region Land Governance (MRLG)
Format/size: pdf (238K-reduced version; 294K-original)
Alternate URLs: http://demo1.mrlg.org/wp-content/uploads/2016/12/Thematic-Study_The-Recognition-of-Customary-Tenure...
Date of entry/update: 14 March 2017


Title: Our Customary Lands - Community-Based Sustainable Natural Resource Management in Burma
Date of publication: 05 July 2016
Description/subject: Executive summary: "In January 2016 the government adopted a National Land Use Policy, which included the recognition of customary land management practices. While this is a welcome first step in the necessary integration of Burma’s customary land management systems with the national-level system, there is an urgent need for constitutional reform and devolution of land management powers prior to any such integration. This report by the Ethnic Community Development Forum (ECDF) presents how Burma’s diverse customary land management systems in seven ethnic communities are structured, and provides ideas for how these systems could be supported and potentially integrated into a future devolved federal national land management system. Customary land management systems have co-existed with the national land management system in Burma for centuries. The national land management system is highly centralized and has facilitated widespread land grabbing for natural resource extraction and agribusiness projects, resulting in loss of livelihoods and environmental degradation throughout the country. Updated Land Laws adopted in 2012 were based on poorly defined land classification and despite some democratic reforms, the military maintains a central role in land management through the General Administration Department. Upland agricultural lands – mainly tilled by ethnic nationalities practicing shifting cultivation – are defined by law as either forest lands or as vacant, virgin and fallow lands. Lands defined as “vacant, virgin and fallow” are particularly problematic as these are designated for “State Economic Development” and contracted to extractive industries, agribusiness and infrastructure development projects. Customary land management systems have operated independently of the national government since colonial days and independence, due to lack of government access into remote ethnic areas and decades of civil war. In recent years, ethnic resistance governments in Karen and Mon States have developed their own land registration and management systems in order to protect the land rights and interests of ethnic farmers in areas governed by these ethnic governments. These systems, in contrast to the national land management systems, are decentralized and have evolved/adapted to local situations and needs, prioritizing sustainable livelihoods and environmental protection. The ECDF has conducted grassroots participatory research and issued publications on customary land systems in Burma’s ethnic states since 2014. This has included: conducting a household survey in 26 townships; commissioning a report on international experiences with customary land management systems; and facilitating participatory community research in order to document the land management systems in seven ethnic villages located in six states. Summary findings of this research include: a) Customary practices have been passed on for many generations and have sustained strong connections between villagers and their lands: Communities that are practicing customary land management have been living on their lands for many generations, passing their lands and traditions onto their children and grandchildren. Community members regard land as more than just a commodity which has no spiritual connection to the nature that has produced these resources. The administrative and cultural institutions that have arisen among ethnic groups over numerous generations of living on their lands are tied closely to the geographic features of their lands, as well as the experiences about how to best conserve surrounding natural resources in order to survive and prosper. Everyday customs and traditions, including the roles of those governing customary lands, are woven into the natural environment where communities are based and the corresponding worldview that community members have received from their ancestors. b) Customary practices provide sustainable environmental protection: Nearly all communities practicing customary land management reside in forests, and therefore are dependent upon the health of these forest lands for their survival and livelihoods. Customary communities have developed land use rules and regulations which have allowed sustainable use of the forest for food, shelter and medicine without endangering long-term ecological health. Villagers also preserve their natural resources by respecting the spirits of the trees, lakes, water resources, animals and lands on ‘auspicious’ days each year and through composing stories and poems in order to teach the new generations about protecting the community’s natural resources. Customary Land communities have established a number of land use zones (community forests, protected forests, reserved forests, use forests, watersheds, conservation areas and wildlife conservation zones) – each with explicit rules that regulate the use of the lands and natural resources. There is a wide range of classifi cations for these conservation areas. c) Customary practices provide self-reliant and ecologically sustainable livelihoods: A vast majority of community needs are produced or collected from local lands, forests and waters. Apart from organized production of foods – through lowland and hillside agriculture as well as livestock breeding – forest resources provide supplementary foods (wild fruits, vegetables and animals); materials for housing and clothes; and herbal medicines. These communities have regulations that prioritize ecologically sustainable, equitable and needs-based production rather than extraction for sales and profit. d) Customary practices provide local communities with eff ective decentralized and participatory governance and judiciary systems: Governance, judiciary and administrative systems exist in the communities that have evolved over generations and are both participatory and resilient. Community members view the rules and regulations as their own, and therefore adhere to them much more closely than a set of regulations imposed upon them by outsiders. Elected village committees (including specific committees for land, water and forest management) update, arbitrate and enforce village land regulations. Important decisions are made with the participation of a majority of the villagers. Customary land management systems are holistic and incorporate all lands, waterways and forests within specified village boundaries. Customary land management structures and policies have been integrated nationally in countries on every continent. International institutions – including the World Bank – have stated the effectiveness and effi ciency advantages of communal and customary tenure over formal individual titles. The World Bank has also urged caution about state-led intervention in land tenure systems, suggesting building on existing systems. Protection and recognition of ethnic customary land management systems is an important component in achieving sustainable peace and must be enshrined in a future federal constitution and decentralized legal framework – one example of this is outlined at the end of this report. In order to protect these lands and systems until peace accords, constitutional amendments and new land legislation formalizing these systems have been fi nalized, there should be a moratorium on land acquisition in areas where customary land management systems are being implemented or were implemented before displacement due to armed conflicts."
Language: English
Source/publisher: Ethnic Community Development Forum
Format/size: pdf (9.1MB-reduced version; 13.2MB-original)
Alternate URLs: http://www.ecdfburma.org
Date of entry/update: 05 July 2016


Title: Understanding How the Legal Framework in Myanmar Currently Supports Recognition of Shifting Cultivation Tenure Arrangements
Date of publication: 17 June 2016
Description/subject: Land Core Group Shifting Cultivation Meeting Yangon, Myanmar 17 June 2016 .....Legal Framework = Tools in a Toolbox...Where to start? Constitution...What tools exist in various laws?...Association Registration Law...Farmland Law (Strengths)...Farmland Law (Weaknesses)...Forest Law and CFI (Strengths)...Forest Land and CFI (Weaknesses) ...Vacant, Fallow and Virgin Land (VFV) Law ...Need for a new tool...
Author/creator: Robert Burton Oberndorf, JD
Language: English
Source/publisher: USAID Land Tenure Project
Format/size: pdf (81K)
Date of entry/update: 01 July 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: Customary Tenure in Myat Latt Village, Magwe Division, Myanmar
Date of publication: March 2016
Description/subject: Key findings: "There is no landlessness in the village and the land is shared equitably. The land cannot be sold and belongs to the community. It is the basis of their livelihood and the future of their children. The forest outside community forest area in Myay Latt territory is being logged by outsiders. The villagers tried to tackle illegal logging but due to corruption and lack of law enforcement, this is still increasing. Recognition of these customary forest areas and of the community's good practices is important so that the community can continue to manage the forest sustainably. The community is worried that govern- ment projects or companies could con- fiscate their lands. They have already lost some lands to a Gas pipe line and electric power line infrastructure, and were not satisfied with the compensations received."
Language: English
Source/publisher: POINT
Format/size: pdf (236K)
Date of entry/update: 20 March 2016


Title: Customary tenure in Nan-Pan village, Southern Shan State, Myanmar
Date of publication: March 2016
Description/subject: Key findings: "There is no landlessness in the village and the shifting cultivation land is divided equitably for farming. However, there is the concern that part of their shifting cultivation area has been classified as reserved forests by MOECAF. So this land could possibly be granted by government to businesses. The villagers did not apply for titles during the latest land registration process. The community does not wish for private land registration even on terraces because villagers believe that if someone gets private ownership for a terrace or tea garden, then other people may also ask for it and the whole community may lose all the other lands which are not put under private ownership (i.e. shifting cultivation land). The villagers wish to keep all the land under communal ownership, as even owners of private terraces feel their rights are secure within the community and do not need SLRD land titles for this. They would like to have such registration soon, as gold has recently been found nearby and the villagers fear losing their lands unless protected legally."
Language: English
Source/publisher: Farmers and Land Workers Union (FLU)
Format/size: pdf (300K)
Date of entry/update: 20 March 2016


Title: Institutional Models for a Future Recognition and Registration of Customary (Communal) Tenure in Myanmar
Date of publication: March 2016
Description/subject: Paper prepared for presentation at the 2016 WORLD BANK CONFERENCE ON LAND AND POVERTY, The World Bank - Washington DC, March 14-18, 2016 The paper is based on the study on customary tenure for LCG in Chin and Shan States 2013-2015 in brief periods. The relevance of the topic was grounded in a wish to 1) identify statutory means to protect the livelihood of ethnic upland communities in Myanmar from losing, in particular, their shifting cultivation fallow land to agribusiness concessions; 2) based on results from fieldwork, to guide the Government towards recognizing customary (communal) tenure in the drafting of the National Land Use Policy (NLUP) with the ultimate aim of recommending procedures for customary (communal) land registration in a future new Land Law and associated Rules 3); to define how to recognize boundaries of shifting cultivation parcels in a customary system of fair but variable annual local land sharing. "... In Myanmar land issues are of paramount importance after years of land grabbing by the military and business cronies. A rapid anthropological study 2013-14 in Chin and Shan State for the Land Core Group was carried out to inform the post 2011 government. The study recorded the internal rules of customary communal tenure and identified possible statutory means of protecting untitled land, including fallows, against alienation. The Land Core Group guided the Government Committee during 2014-15 to recognize customary tenure in drafting of the National Land Use Policy, not yet endorsed. The study recommended conversion of the community into a legal entity/organization registering all its agricultural land, while keeping separate and intact its customary internal rules. The study construed a reading of existing regulatory framework in support. The study proved, though, that precise mapping of large tracts of shifting cultivation land is difficult due to annual diversity of fuzzy boundaries... Key Words: land rights, communal tenure, mapping, land registration, indigenous peoples..."
Author/creator: Kirsten Ewers Andersen
Language: English
Source/publisher: The World Bank
Format/size: pdf (1.4MB)
Date of entry/update: 11 April 2016


Title: Study of Upland Customary Communal Tenure in Chin and Shan States - Outline of a Pilot Approach towards Cadastral Registration of Customary Communal Land Tenure in Myanmar
Date of publication: 19 February 2016
Description/subject: Outline of a Pilot Approach towards Cadastral Registration of Customary Communal Land Tenure in Myanmar....."...The objectives of the study were to identify legal ways using the Farmland Law 2012 and Association Law 2014 to protect through land registration the untitled agricultural uplands, including the fallows of upland shifting cultivation that are possessed by ethnic nationalities that manage their lands under customary communal tenure. The risk of possible alienation of the fallows through agribusiness concessions posed by the Vacant, Fallow and Virgin Lands Management Law, 2012 (VFV) spurred the study. Customary communal rights in Myanmar are enforceable by customary law in areas, where no outside interference takes place. In the future it may be given a legal backing in statutory law, if the intentions of the draft Land Use Policy of mid 2015 are operationalised ensuring equity in access to land and protection of upland cultures and livelihood. Customary land management of rotating fallow agriculture or shifting cultivation constitutes land management at the landscape level. It secures preservation of cultural identity and in most places it establishes access rights of all resident villagers to shares of the land and leaves no one landless. Rotational fallow management is an institutionalized resource management technology at a species, ecosystem, and landscape level, ensuring ecological security and food security and providing a social safety net. Fallows are important for wildlife and biodiversity, for production of non timber forest products, for watershed hydrology, and for carbon sequestration. Communal tenure can provide security of tenure as well as the institutional mechanisms for future sustainable land use planning and climate change mitigation initiatives. The study has focused on cultivated and fallow land in the uplands. It did not include a study of customary communal tenure of forests and grazing lands. A customary land registration of these ecosystems so far would need to be pursued under different laws. The study has covered only the customary communal tenure of rotating fallow agriculture in Chin State and the more permanent land combined with shifting cultivation use in Northern Shan State. A major limitation of the study has been the fieldwork’s short duration..."
Author/creator: Kirsten Ewers Andersen
Language: English
Source/publisher: Land Core Group
Format/size: pdf (2.82MB)
Date of entry/update: 20 February 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: 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: Analysis of Customary Communal Tenure of Upland Ethnic Groups, Myanmar
Date of publication: 26 July 2015
Description/subject: Customary Tenure and Land Alienation in Myanmar: "Customary communal tenure is characteristic of many local 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. This is an age-old characteristic of many societies globally. Prior to the publication in 1861 of Ancient Law by the English jurist Henry Sumner Maine, the accepted view among Western jurists in the nineteenth century had been that the origin of the concept of property was the occupation of land by a single proprietor and his family. However, Maine insisted that for India, for example, “it is more than likely that joint ownership, and not separate ownership, is the really archaic institution, and that the forms of property that will afford us instruction will be those that are associated with the rights of families and of groups of kindred.”1 The international recognition of this had earlier emerged in developed countries such as Australia, New Zealand and Canada and it became manifest in the UN Declaration on the Rights of Indigenous Peoples in 2007. The Declaration specifies individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, land and natural resources, employment, health, education and other issues. It was voted for in the UN by 144 countries, including Myanmar. In Myanmar customary tenure arrangements date back centuries. They are linked to the characteristics of the landscape and its resources, to the kinship systems, to population density and to the actual history of the area and settlement. In general the ethnic upland villagers’ identity is clearly linked to the land constituting a dense network of particular places, each having different cultural and material value and containing a mosaic of resources. There is an inner connection between history, identity and land..."
Author/creator: Kirsten Ewers Andersen (Member of the Land Core Group, Myanmar)
Language: English
Source/publisher: Burma/Myanmar in Transition: Connectivity, Changes and Challenges. 24-26th July 2015. Center for ASEAN Studies (CAS), Chiang Mai University, the Regional Center for Social Science and Sustainable Development (RCSD)
Format/size: pdf (687K)
Date of entry/update: 25 June 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: 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: 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