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

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

A Report to Enhance Discussions about
Customary Land Rights in Burma.....This purpose of this paper is to present a brief summary of the
issues and current
situations facing ethnic and indigenous communities around the
world that are
using a customary rights framework to manage their land and natural resources.
By outlining these experiences, ethnic groups in Burma will be
able to better understand their own context and
possibilities as they struggle to gain control over

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...

A Report to Enhance Discussions about Customary Land Rights in Burma.....This purpose of this paper is to present a brief summary of the
issues and current
situations facing ethnic and indigenous communities around the
world that are
using a customary rights framework to manage their land and natural resources.
By outlining these experiences, ethnic groups in Burma will be
able to better understand their own context and
possibilities as they struggle to gain control over
their lands during this transitional time. While examining how