ABSTRACTED FROM THE 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 and yet vital than the issues comprising housing, land and property (HLP) rights.

This paper examines the main drivers of resource conflict in Myanmar. The author first looks at the major resource-related projects that could crate conflict in the country, namely the Myitsone hydroelectric dam project, the Letpadaung copper mine and the Shwe oil and gas project. He then explores some of the other areas connected to resource conflict.

In June 2012, the Cambodian Government issued a policy directing the private titling of all plots throughout the country’s rural areas. In this study conducted in collaboration with seven NGOs throughout 79 indigenous villages in Ratanakiri Province, indigenous leaders reported negative impacts of the policy including loss of communal land, lack of transparency and information, and coercion to privatize land.

In light of the increasingly volatile nature of the land conflict in Cambodia, this Report aims to describe the sources, forms and impact of the conflict throughout the country. The Report offers an overview of the land conflict throughout the country and provides recommendations to the RGC. Chapter 1 (Introduction) provides a brief overview of the status of land rights and the different ownership system throughout Cambodia’s history and of the land situation in today’s Cambodia, before discussing the scope, methodology and purpose of this Report.

INTRODUCTION: Large-scale land acquisitions are a reality in most regions worldwide. Vast areas of land are leased to foreign as well as national investors on a long term basis of 30-99 years. A growing number of reports, referring to this practice as ‘land grabbing’, show that these mostly very intransparent deals tend to go along with corruption, forced evictions and other human rights violations as well as enhanced competition over water.

Through LMAP, and subsequent LASSP, Cambodia has made impressive progress in building a functioning cadastral system over the last ten years. This process has proved complex and challenging, but since commencing, the land registration teams have successfully issued over 1.7 million land titles, a strong legal framework has been developed for the functioning of the land administration bodies and mechanism, institutions have been built and strengthened, and a dispute resolution process has been established for dealing with disputes over unregistered land.

INTRODUCTION: Throughout 2012, villagers in eastern Myanmar described land confiscation and forced displacement occurring without consultation, compensation, or, often, notification. Such displacements have taken place most frequently around natural resource extraction, industry and development projects. These include hydropower dam construction, infrastructure development, logging, mining and plantation agriculture projects that are undertaken or facilitated by various civil and military State authorities, foreign and domestic companies and armed ethnic groups.

Land deals are frequently agreed in secret between governments and investors. This lack of transparency in the allocation of land fosters an environment where elite capture of natural assets becomes the norm, where human rights are routinely abused with impunity, where environmental destruction is ignored and where investment incentives are stacked against companies willing to adhere to ethical and legal principles.

Part of a 3 year collaboration among the national human rights institutions of the region. Each of 8 national studies aims to pull together in a simple form, updated information about large-scale land acquisitions in the region, with the aim of identifying trends, common threats, divergences and possible solutions. As well as summarising trends in investment, trade, crop development and land tenure arrangements, the studies focus on the land tenure and human rights challenges.

This paper investigates the real financial consequences of investing in land with disputed tenure rights. It demonstrates that companies which ignore the issue of land tenure expose themselves to substantial, and in some cases extreme, risks. Using case study analysis, the paper connects ground-up financial thinking with empirical reality. In so doing, it makes a strong case for the need to integrate tenure-related risks more comprehensively into our financial architecture.

Under the motto “old policies - new action”, in June 2012 the Cambodian Prime Minister initiated a massive land registration campaign on untitled former forest land. Unauthorised settlers and other long- term users of these lands, including those inside Economic Land Concessions, had been considered illegal before. Those of them who are poor now receive full property title by way of donation. The campaign was planned for 12 months and targets 470,000 families on 700,000 parcels comprising a total of 1,8 Mio hectares. The campaign might be extended though into the year of 2014.

Northern Burma’s borderlands have undergone dramatic changes in the last two decades. Three main and interconnected developments are simultaneously taking place in Shan State and Kachin State: (1) the increase in opium cultivation in Burma since 2006 after a decade of steady decline; (2) the increase at about the same time in Chinese agricultural investments in northern Burma under China’s opium substitution programme, especially in rubber; and (3) the related increase in dispossession of local communities’ land and livelihoods in Burma’s northern borderlands.