Summary: "This paper presents an overview of the distinctive
features of communal tenure in
different community-based land and natural resource
management systems. Communal
tenure refers to situations where groups, communities, or one or more villages have
well defined, exclusive rights to jointly own and/or manage particular areas of natural
resources such as land, forest and water. These are
often referred to as
common pool
resources: many rural communities are dependent on these resources for their

Elinor "Lin" Ostrom (born Elinor Claire Awan; August 7, 1933 – June 12, 2012) was an American political economist whose work was associated with the New Institutional Economics and the resurgence of political economy. In 2009, she shared the Nobel Memorial Prize in Economic Sciences with Oliver E. Williamson for "her analysis of economic governance, especially the commons". To date, she remains the only woman to win The Prize in Economics.

Paper prepared for presentation at the 2016 WORLD BANK CONFERENCE ON LAND AND POVERTY, The World Bank - Washington DC, March 14-18, 2016

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

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

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

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.

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.

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...

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

Abstract: "Global economic change and policy interventions
are driving transitions from long-fallow swidden (LFS)
systems to alternative land uses in Southeast Asia’s uplands.
This study presents a systematic review of how these
transitions impact upon livelihoods and ecosystem services
in the region. Over 17 000 studies published between 1950
and 2015 were narrowed, based on relevance and quality, to
93 studies for further analysis. Our analysis of land-use
transitions from swidden to intensified cropping systems

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