The new wave of land deals is not the new investment in
agriculture that millions had been waiting for. The poorest people
are being hardest hit as competition for land intensifies. Oxfam’s
research has revealed that residents regularly lose out to local
elites and domestic or foreign investors because they lack the
power to claim their rights effectively and to defend and advance
their interests. Companies and governments must take urgent
steps to improve land rights outcomes for people living in poverty.

This note is meant to serve as a quick reference for local authorities and NGOs to
acquire an understanding of relevant land laws and the context of land-use in
Myanmar. All land and all natural resources in Myanmar, above and below the ground,
above and beneath the water, and in the atmosphere is ultimately owned by the Union of
Myanmar. Although the socialist economic system was abolished in 1988, the existing Land
Law and Directions were not changed in parallel, and thus these are still in use today in

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

Preliminary:
1. Objectives...
2. Nature and scope.....
General matters:
3. Guiding principles of responsible tenure governance...
3A General principles...
3B Principles of implementation...
4. Rights and responsibilities related to tenure...
5. Policy, legal and organizational frameworks related to tenure...
6. Delivery of services.....
Legal recognition and allocation of tenure rights and duties:
7. Safeguards...

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

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

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

Provisional English title.

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

These forms relate to the Farmland Rules of 31 August 2012

...with increasing frequency, land is taken from farmers, often with little or no compensation. Large swathes of farmland have already been made available to foreign-based companies in a process that appears to be accelerating. Government data show that the amount of land transferred to private companies increased by as much as 900 percent from the mid-1990s to mid-2000s and now totals roughly 5 percent of Myanmar’s agricultural land...

Working Paper No: APFSOS/WP/08
Forest Department, Ministry of Forestry, Myanmar