The reform process in Burma/Myanmar by the quasi-civilian government of President Thein Sein has raised hopes that a long overdue solution can be found to more than 60 years of devastating civil war...
..Rights to land in Burma are bound up with issues of ethnic conflict, militarisation and lack of democratic institutions.
A future democratic Burma will need to seek ways to resolve competing claims to land, taking into account such issues
as traditional ownership by particular ethnic nationalities, return of displaced persons, varying religious ties to land,
development imperatives and agricultural demands. The chosen method of resolution will need to address, as much as
possible, the needs for certainty, efficiency and a fair hearing for those concerned.
Abstract:
"In 2012, the Government of Myanmar (GoM) passed
the Farmland Law and the Vacant, Fallow, Virgin
(VFV) Land Law—creating a formalized land market. In essence, this created a formalized land
market. Land titling is often considered “the natural end point of land rights formalization” (Hall et al.
2010: 35). This thinking has become dominant among most governments and development agencies
ever since De Soto (2000) popularized it in
The Mystery of Capital
, in which he argued that the
Bridging the HLP Gap -
The Need to Effectively Address Housing, Land and Property Rights
During Peace Negotiations and in the Context of Refugee/IDP Return:
Preliminary Recommendations to the Government of Myanmar,
Ethnic Actors and the International Community.....Executive Summary:
"Of the many challenging issues that will require resolution within the peace processes currently underway
between the government of Myanmar and various ethnic groups in the country, few will be as complex, sensitive
Burma is situated in Southeastern Asia, bordering Bangladesh, India, China, Laos and Thailand. The
majority of its population lives in rural areas and depends on land as a primary means of livelihood.
Because all land in Burma ultimately belongs to the state, citizens and organizations depend upon use
-
rights, but do not own land.
Burma’s laws grant women equal rights i
n some respects and also recognize certain customary laws that
provide women equal rights in relation to land. In practice, however, the rights of many women are
A Statement by the Asian Human Rights Commission...
...Life for farmers and workers in Burma is growing increasingly more difficult. The minimum wage fails to provide the ‘just and favourable remuneration’ that ensures ‘an existence worthy of human dignity’ that is guaranteed by Article 23 of the Universal Declaration of Human Rights.
Testimony of Marco Simons to the Tom Lantos Human Rights Commission:
"This submission describes the emerging landscape as U.S. businesses reengage in Burma and
identifies specific human rights concerns associated with current and prospective corporate
activities in Burma (Myanmar). A number of companies, including General Electric, have
already invested in Burma, and U.S. oil supermajors are considering participation in upcoming
auctions for oil blocks. Increased foreign investment has already been linked to large-scale
N. B. The title of this article, published in the April-May issue of "The Mon Forum", uses the term "Bill" which implies that the law has not been adopted. Elsewhere in the article, however, it is clear that the analysis is of the adopted Law...
Documents and analyses on land tenure in Burma/Myanmar.....
"1.Reconcile legality and legitimacy through clear legal recognition of existing
acknowledged rights, whatever their origin (customary or statutory) or nature
(individual or collective, temporary or permanent).
2.Initiate widespread debate on the choice of society that the land policies will
serve (and target), the opportunities for formalisation, how it will be implemented
and its possible alternatives.
3.Build consensus between all the actors concerned (central and local
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