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.

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.

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

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

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.

Date of adoption, 24 February 2012. Date of publication 25 February...We are not 100% sure if this English version is of the adopted law or if there were amendments...this version is a bit blurry with Firefox. Try Chrome or IE.

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.

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...

A RESPONSE TO THE DRAFT

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.

Conclusion:

"Myanmar is at a historic crossroads where rapid land polarisation means that a major rethink is needed of how land and associated resources are regulated and for what purposes. The good news is that there is a lot of thinking about and rethinking of land policy happening both inside and outside the corridors of state; many people are putting serious time and energy into thinking about what should be done, and at least for the time being, the political space exists for previously excluded voices to weigh in and be heard.