A Statement by the Asian Human Rights Commission...

CONCLUSIONS AND RECOMMENDATIONS:

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.

While Burma’s ethnic states are blessed with a wealth of natural resources and biodiversity, they
have been cursed by the unsustainable extraction and sale of those resources, which has fuelled
armed conflict. Instituting a system of devolved federal management of natural resources can
play a key role in resolving conflict and building a lasting peace in Burma.
Despite some ceasefires on paper, Burma remains in a state of conflict. Ongoing offensives in
Kachin and Shan states alone have left hundreds of thousands homeless. Fundamental calls for

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 Myanmar. 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.

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.

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...

... Extremely rapid growth in Chinese imports of ‘redwood’, ‘rosewoods’ or ‘Hongmu’ timbers from Myanmar in the past two years is directly driving increased illegal and unsustainable logging, posing a real threat to governance, the rule of law and the viability Myanmar’s dwindling forests. EIA research shows that, based on current trends, the two most targeted Hongmu species in
Myanmar - tamalan and padauk - could be logged to commercial extinction in as little as three years.

The Draft land law