Study of Upland Customary Communal Tenure in Chin and Shan States - Outline of a Pilot Approach towards Cadastral Registration of Customary Communal Land Tenure in Myanmar

Description: 

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 the fallows through agribusiness concessions posed by the Vacant, Fallow and Virgin Lands Management Law, 2012 (VFV) spurred the study. Customary communal rights in Myanmar are enforceable by customary law in areas, where no outside interference takes place. In the future it may be given a legal backing in statutory law, if the intentions of the draft Land Use Policy of mid 2015 are operationalised ensuring equity in access to land and protection of upland cultures and livelihood. Customary land management of rotating fallow agriculture or shifting cultivation constitutes land management at the landscape level. It secures preservation of cultural identity and in most places it establishes access rights of all resident villagers to shares of the land and leaves no one landless. Rotational fallow management is an institutionalized resource management technology at a species, ecosystem, and landscape level, ensuring ecological security and food security and providing a social safety net. Fallows are important for wildlife and biodiversity, for production of non timber forest products, for watershed hydrology, and for carbon sequestration. Communal tenure can provide security of tenure as well as the institutional mechanisms for future sustainable land use planning and climate change mitigation initiatives. The study has focused on cultivated and fallow land in the uplands. It did not include a study of customary communal tenure of forests and grazing lands. A customary land registration of these ecosystems so far would need to be pursued under different laws. The study has covered only the customary communal tenure of rotating fallow agriculture in Chin State and the more permanent land combined with shifting cultivation use in Northern Shan State. A major limitation of the study has been the fieldwork?s short duration..."

Creator/author: 

Kirsten Ewers Andersen

Source/publisher: 

Land Core Group

Date of Publication: 

2016-02-19

Date of entry: 

2016-02-20

Grouping: 

  • Individual Documents

Category: 

Language: 

English

Local URL: 

Format: 

pdf

Size: 

2.82 MB