Customary tenure (Myanmar)
Websites/Multiple Documents
Description:
Community and Customary Land - 12 files ...
Dispute Mechanisms and Approaches - 9 files...
General - 45 files
Human Rights - 14 files...
Land and the Ceasefire Process...
Land Grabbing - 68 files...
Land Titling - 7 files...
Community Mapping: Overcoming Complexities...
Free, Prior, Informed, Consent: Policy Brief...
Gendered Aspects of Land Rights in Myanmar...
Institutional Models for a Future Recognition and Registration of Customary (Communal) Tenure in Myanmar.....
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Source/publisher:
MYLAFF
Date of entry/update:
2016-07-02
Grouping:
Websites/Multiple Documents
Language:
English
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Individual Documents
Description:
''Across the world, the livelihoods and well-being of rural communities have, since time immemorial, been assured through their customary land and resource management systems. Myanmar is no exception, and these systems have been especially valued in ethnic upland areas. Although increasingly under pressure, these systems still widely continue more or less intact, and continue to retain social legitimacy.
Customary tenure systems involve rural communities asserting authority over their local land and resources within their village areas, allocating rights and regulating access and use according to traditional cultural norms. At the simplest these institutions are codified social norms around resource access, and as such have existed across just about every inhabited landscape in the world.
They often involve the coordination of farming activities like planting, harvesting and grazing. They are based on a strong local identification with place and ecological landscape, and have evolved dynamically over the long term, giving rise to unique cultural landscapes. They tend to be sophisticated, flexible, and practical in terms of combining common and private rights and responsibilities across diverse resources. Beyond individual villages, they can play a key role in agreeing to inter-village boundaries, and regulating across clusters of villages who gets access to what resources, when and how. They can manage disputes both within and between villages in ways which have cultural legitimacy and embody principles of social justice. Their effectiveness is reflected in how highly valued they are by the communities who rely on them, and they evolve as the social composition and economic needs of the communities evolve and change over time...''
Oliver Springate-Baginski
Source/publisher:
Transnational Institute (TNI)
Date of publication:
2019-03-06
Date of entry/update:
2019-03-10
Grouping:
Individual Documents
Category:
Law and policy on land in Burma/Myanmar, Contract farming, Smallholder farming and farmers in Burma/Myanmar, Customary tenure (Myanmar)
Language:
English
Format :
pdf
Size:
482.68 KB
Local URL:
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Description:
XVI Biennial Conference of the IASC, Utrecht July 2017
Track 8: What Role can the Commons play in the Struggle for Land Rights, in particular of
Indigenous Communities?..."Research into the Commons can contribute to the struggle for land rights of indigenous communities, if the research can suggest the means for the indigenous communities to articulate their claims and seek ways to have their land protected under statutory law in a way that does not distort their traditional tenure arrangements. The present research looks at this struggle for land rights in Myanmar to show how the application of the Theory of the Commons and its guiding principles can prepare a stepping stone for the preparation of procedures that eventually could become embedded in a legal and regulatory framework for land registration of customary communal agricultural land of upland ethnic groups..."
Kirsten Ewers Andersen
Source/publisher:
XVI Biennial Conference of the IASC, Utrecht July 2017
Date of publication:
2017-07-00
Date of entry/update:
2017-07-17
Grouping:
Individual Documents
Category:
Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, Customary tenure (Myanmar)
Language:
English
Format :
pdf
Size:
1.04 MB
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Description:
"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
and its cronies since the 1980s, and the increase in foreign investments that has accompanied
democratic reforms under the former Thein Sein government, have presented new and intensified
risks to customary land, particularly in the uplands where most economic land concessions are
granted. Without legal recognition and protection, land under customary tenure is vulnerable to
appropriation by the state and commercial interests..."
Kirsten Ewers Andersen
Source/publisher:
Mekong Region Land Governance (MRLG)
Date of publication:
2016-11-00
Date of entry/update:
2017-03-14
Grouping:
Individual Documents
Category:
Customary tenure (Myanmar)
Language:
English
Format :
pdf
Size:
237.65 KB
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Description:
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
customary land management systems in seven ethnic communities are structured, and
provides ideas for how these systems could be supported and potentially integrated into a future
devolved federal national land management system.
Customary land management systems have co-existed with the national land management system
in Burma for centuries.
The national land management system is highly centralized and has facilitated widespread
land grabbing for natural resource extraction and agribusiness projects, resulting in loss of livelihoods
and environmental degradation throughout the country. Updated Land Laws adopted
in 2012 were based on poorly defined land classification and despite some democratic reforms,
the military maintains a central role in land management through the General Administration
Department. Upland agricultural lands ? mainly tilled by ethnic nationalities practicing shifting
cultivation ? are defined by law as either forest lands or as vacant, virgin and fallow lands. Lands
defined as ?vacant, virgin and fallow” are particularly problematic as these are designated for
?State Economic Development” and contracted to extractive industries, agribusiness and infrastructure
development projects.
Customary land management systems have operated independently of the national government
since colonial days and independence, due to lack of government access into remote ethnic
areas and decades of civil war. In recent years, ethnic resistance governments in Karen and Mon
States have developed their own land registration and management systems in order to protect
the land rights and interests of ethnic farmers in areas governed by these ethnic governments.
These systems, in contrast to the national land management systems, are decentralized and have
evolved/adapted to local situations and needs, prioritizing sustainable livelihoods and environmental
protection.
The ECDF has conducted grassroots participatory research and issued publications on customary
land systems in Burma?s ethnic states since 2014. This has included: conducting a household
survey in 26 townships; commissioning a report on international experiences with customary
land management systems; and facilitating participatory community research in order to document
the land management systems in seven ethnic villages located in six states. Summary findings
of this research include:
a) Customary practices have been passed on for many generations and have sustained
strong connections between villagers and their lands:
Communities that are practicing customary land management have been living on their lands
for many generations, passing their lands and traditions onto their children and grandchildren.
Community members regard land as more than just a commodity which has no spiritual connection
to the nature that has produced these resources. The administrative and cultural institutions
that have arisen among ethnic groups over numerous generations of living on their lands are tied
closely to the geographic features of their lands, as well as the experiences about how to best
conserve surrounding natural resources in order to survive and prosper. Everyday customs and
traditions, including the roles of those governing customary lands, are woven into the natural
environment where communities are based and the corresponding worldview that community
members have received from their ancestors.
b) Customary practices provide sustainable environmental protection:
Nearly all communities practicing customary land management reside in forests, and therefore
are dependent upon the health of these forest lands for their survival and livelihoods. Customary
communities have developed land use rules and regulations which have allowed sustainable use
of the forest for food, shelter and medicine without endangering long-term ecological health.
Villagers also preserve their natural resources by respecting the spirits of the trees, lakes, water
resources, animals and lands on ?auspicious? days each year and through composing stories and
poems in order to teach the new generations about protecting the community?s natural resources.
Customary Land communities have established a number of land use zones (community forests,
protected forests, reserved forests, use forests, watersheds, conservation areas and wildlife
conservation zones) ? each with explicit rules that regulate the use of the lands and natural resources.
There is a wide range of classifi cations for these conservation areas.
c) Customary practices provide self-reliant and ecologically sustainable livelihoods:
A vast majority of community needs are produced or collected from local lands, forests and waters.
Apart from organized production of foods ? through lowland and hillside agriculture as well
as livestock breeding ? forest resources provide supplementary foods (wild fruits, vegetables
and animals); materials for housing and clothes; and herbal medicines. These communities have
regulations that prioritize ecologically sustainable, equitable and needs-based production rather
than extraction for sales and profit.
d) Customary practices provide local communities with eff ective decentralized and participatory
governance and judiciary systems:
Governance, judiciary and administrative systems exist in the communities that have evolved
over generations and are both participatory and resilient. Community members view the rules
and regulations as their own, and therefore adhere to them much more closely than a set of
regulations imposed upon them by outsiders. Elected village committees (including specific
committees for land, water and forest management) update, arbitrate and enforce village land
regulations. Important decisions are made with the participation of a majority of the villagers.
Customary land management systems are holistic and incorporate all lands, waterways and forests
within specified village boundaries.
Customary land management structures and policies have been integrated nationally in countries
on every continent. International institutions ? including the World Bank ? have stated the effectiveness
and effi ciency advantages of communal and customary tenure over formal individual
titles. The World Bank has also urged caution about state-led intervention in land tenure systems,
suggesting building on existing systems.
Protection and recognition of ethnic customary land management systems is an important component
in achieving sustainable peace and must be enshrined in a future federal constitution
and decentralized legal framework ? one example of this is outlined at the end of this report. In
order to protect these lands and systems until peace accords, constitutional amendments and new
land legislation formalizing these systems have been fi nalized, there should be a moratorium
on land acquisition in areas where customary land management systems are being implemented
or were implemented before displacement due to armed conflicts."
Source/publisher:
Ethnic Community Development Forum
Date of publication:
2016-07-05
Date of entry/update:
2016-07-05
Grouping:
Individual Documents
Category:
Law and policy on land in Burma/Myanmar, Customary tenure (Myanmar), Legal Pluralism - Burma/Myanmar-specific, Customary laws related to land, Laws, decrees, bills and regulations relating to land, property and planning (commentary)
Language:
English
Format :
pdf
Size:
9.08 MB
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Description:
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...
Robert Burton Oberndorf, JD
Source/publisher:
USAID Land Tenure Project
Date of publication:
2016-06-17
Date of entry/update:
2016-07-01
Grouping:
Individual Documents
Category:
Tenure (national legislation and policies), Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, Customary tenure (Myanmar), Laws, decrees, bills and regulations relating to land, property and planning (commentary)
Language:
English
Format :
pdf
Size:
80.66 KB
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Description:
Customary Tenure and Land Alienation in Myanmar:
"Customary communal tenure is characteristic of many local 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. This is an age-old characteristic of many societies
globally. Prior to the publication in 1861 of Ancient Law by the English jurist Henry Sumner Maine,
the accepted view among Western jurists in the nineteenth century had been that the origin of the
concept of property was the occupation of land by a single proprietor and his family. However,
Maine insisted that for India, for example, ?it is more than likely that joint ownership, and not
separate ownership, is the really archaic institution, and that the forms of property that will afford
us instruction will be those that are associated with the rights of families and of groups of kindred.”1
The international recognition of this had earlier emerged in developed countries such as Australia,
New Zealand and Canada and it became manifest in the UN Declaration on the Rights of Indigenous
Peoples in 2007. The Declaration specifies individual and collective rights of indigenous peoples, as
well as their rights to culture, identity, language, land and natural resources, employment, health,
education and other issues. It was voted for in the UN by 144 countries, including Myanmar.
In Myanmar customary tenure arrangements date back centuries. They are linked to the
characteristics of the landscape and its resources, to the kinship systems, to population density and
to the actual history of the area and settlement. In general the ethnic upland villagers? identity is
clearly linked to the land constituting a dense network of particular places, each having different
cultural and material value and containing a mosaic of resources. There is an inner connection
between history, identity and land..."
Kirsten Ewers Andersen (Member of the Land Core Group, Myanmar)
Source/publisher:
Burma/Myanmar in Transition: Connectivity, Changes and Challenges. 24-26th July 2015. Center for ASEAN Studies (CAS), Chiang Mai University, the Regional Center for Social Science and Sustainable Development (RCSD)
Date of publication:
2015-07-26
Date of entry/update:
2016-06-25
Grouping:
Individual Documents
Category:
Customary tenure (Myanmar), Law and policy on land in Burma/Myanmar, International Conference on Burma/Myanmar Studies (ICBMS) 23-26 July, 2015, Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar
Language:
English
Format :
pdf
Size:
687.01 KB
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Description:
"... Karenni people celebrated three kinds of pole festivals in a year. The first one is called Tya-Ee-Lu-Boe-Plya. During this festival, the people went to their paddy fields, vegetable farms, picked the premature fruits and brought it to the Ee-Lu-pole. They put the premature fruits on altar, thank god and then pray for good fruits and good harvest. The second one called Tya-Ee-Lu-Phu-Seh. In this festival they pray god to bless the teenagers with good conducts, and good healths. The third one is Tya-Ee-Lu-Du. The festival concerned to everyone. Everyone can pray the god for himself and his family. Outwardly, it appeared to other people that they are worshiping spirits because they are feeding spirits. Karenni people believe that the god had sent the various kinds of sprits in to the world to harm the human beings. In the festival, they only feed the spirits and ask its not to herm them. The essence of the festival is to remember the gratitude of the goddess of creation, and to thank the eternal god who is controlling thiws world and then to pray the god for good future..."
Source/publisher:
Khai Htoe Boe Association, Ee-Lu-Phu Committee
Date of publication:
2002-00-00
Date of entry/update:
2016-04-22
Grouping:
Individual Documents
Category:
Customary tenure (Myanmar), International resources on land rights and tenure, Law and policy on land in Burma/Myanmar
Language:
English
Format :
pdf pdf
Size:
4.96 MB 22.85 MB
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Description:
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.
Source/publisher:
Land Core Group
Date of publication:
2016-03-06
Date of entry/update:
2016-04-16
Grouping:
Individual Documents
Language:
English, Burmese (မြန်မာဘာသာ)
Format :
pdf
Size:
315.34 KB
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Description:
Paper prepared for presentation at the 2016 WORLD BANK CONFERENCE ON LAND AND POVERTY, The World Bank - Washington DC, March 14-18, 2016
The paper is based on the study on customary tenure for LCG in Chin and Shan States 2013-2015 in brief periods. The relevance of the topic was grounded in a wish to 1) identify statutory means to protect the livelihood of ethnic upland communities in Myanmar from losing, in particular, their shifting cultivation fallow land to agribusiness concessions; 2) based on results from fieldwork, to guide the Government towards recognizing customary (communal) tenure in the drafting of the National Land Use Policy (NLUP) with the ultimate aim of recommending procedures for customary (communal) land registration in a future new Land Law and associated Rules 3); to define how to recognize boundaries of shifting cultivation parcels in a customary system of fair but variable annual local land sharing.
"... In Myanmar land issues are of paramount importance after years of land grabbing by the military and business cronies. A rapid anthropological study 2013-14 in Chin and Shan State for the Land Core Group was carried out to inform the post 2011 government. The study recorded the internal rules of customary communal tenure and identified possible statutory means of protecting untitled land, including fallows, against alienation. The Land Core Group guided the Government Committee during 2014-15 to recognize customary tenure in drafting of the National Land Use Policy, not yet endorsed. The study recommended conversion of the community into a legal entity/organization registering all its agricultural land, while keeping separate and intact its customary internal rules. The study construed a reading of existing regulatory framework in support. The study proved, though, that precise mapping of large tracts of shifting cultivation land is difficult due to annual diversity of fuzzy boundaries...
Key Words: land rights, communal tenure, mapping, land registration, indigenous peoples..."
Kirsten Ewers Andersen
Source/publisher:
The World Bank
Date of publication:
2016-03-00
Date of entry/update:
2016-04-11
Grouping:
Individual Documents
Category:
Tenure (national legislation and policies), Tenure (agriculture, forestry, fisheries, mineral deposits etc.), Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, World Bank, World Bank and its Watchers, International resources on land rights and tenure, Customary tenure (Myanmar)
Language:
English
Format :
pdf
Size:
1.41 MB
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Description:
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
community can continue to manage the
forest sustainably.
The community is worried that govern-
ment projects or companies could con-
fiscate their lands. They have already
lost some lands to a Gas pipe line and
electric power line infrastructure, and
were not satisfied with the compensations received."
Source/publisher:
POINT
Date of publication:
2016-03-00
Date of entry/update:
2016-03-20
Grouping:
Individual Documents
Category:
Customary tenure (Myanmar)
Language:
English
Format :
pdf
Size:
235.7 KB
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Description:
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
because villagers believe that if someone
gets private ownership for a terrace
or tea garden, then other people
may also ask for it and the whole community
may lose all the other lands
which are not put under private ownership
(i.e. shifting cultivation land). The
villagers wish to keep all the land under
communal ownership, as even
owners of private terraces feel their
rights are secure within the community
and do not need SLRD land titles for
this. They would like to have such registration soon, as gold has recently been
found nearby and the villagers fear losing
their lands unless protected legally."
Source/publisher:
Farmers and Land Workers Union (FLU)
Date of publication:
2016-03-00
Date of entry/update:
2016-03-20
Grouping:
Individual Documents
Category:
Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, Customary tenure (Myanmar)
Language:
English
Format :
pdf
Size:
301.65 KB
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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..."
Kirsten Ewers Andersen
Source/publisher:
Land Core Group
Date of publication:
2016-02-19
Date of entry/update:
2016-02-20
Grouping:
Individual Documents
Category:
Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, Tenure insecurity in Burma (including land grabbing), Customary tenure (Myanmar)
Language:
English
Format :
pdf
Size:
2.82 MB
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Description:
၁။ မြန်မာနိုင်ငံသည် တိုင်းရင်းသားလူမျိုးပေါင်းစုံတို့ စုပေါင်းနေထိုင်လျှက်ရှိသော နိုင်ငံတစ်နိုင်ငံဖြစ်ပြီး၊ တိုင်းဒေသကြီး ၇ ခု၊ ပြည်နယ် ၇ ခုနှင့် ပြည်ထောင်စုနယ်မြေတို့တွင် ပြန့်နှံ့နေထိုင်လျက်ရှိသည်။ နိုင်ငံတော်သည် အရှေ့တောင်အာရှတွင် တည်ရှိပြီး ပထဝီအနေအထားအရသော်လည်းကောင်း၊ စီးပွားရေးအရသော်လည်းကောင်း၊ နိုင်ငံရေးအရသော်လည်းကောင်း အချက်အချာကျသည့်နိုင်ငံဖြစ်ပါသည်။
၂။ ထို့ပြင် မြန်မာနိုင်ငံသည် အဖိုးတန်သစ်တောကြီးများ၊ မြေဆီသြဇာကြွယ်ဝသည့် မြေပြန့်လွင်ပြင်များ၊ သဘာဝဓာတ်ငွေ့နှင့်သတ္တုသိုက်များ၊ ရှည်လျားသည့်ပင်လည်ကမ်းရိုးတန်း၊ တောင်စဉ်တောင်တန်းများနှင့် နိုင်ငံ၏အသက်သွေးကြောဖြစ်သည့် ဧရာဝတီ၊ ချင်းတွင်း၊ သံလွင်၊ စစ်တောင်းစသည့် မြစ်ကြီးများအပါအဝင် သဘာဝအရင်းအမြစ်အခြေခံကောင်းများနှင့် သဘာဝပတ်ဝန်းကျင်ကောင်းများရှီသည့် နိုင်ငံတစ်နိုင်ငံလည်းဖြစ်ပါသည်။
၃။ မြေသယံဇာတများသည် နိုင်ငံသားများ၏ စားဝတ်နေရေးနှင့် နိုင်ငံတော်ဖွံ့ဖြိုးတိုးတက်ရေးတို့အတွက် ရေရှည်ရည်မှန်းချက်ချမှတ်ပြီး အထူးအလေးထား စီမံအုပ်ချုပ်အသုံးချရမည့် အရင်းအမြစ်များဖြစ်ပါသည်။ မြေအရင်းအမြစ်များကို စနစ်တကျအသုံးချစီမံခန့်ခွဲနိုင်သည်နှင့်အမျှ ပြည်သူတို့၏ အခြေခံလိုအပ်ချက်များပြည့်ဝလာစေရန်၊ လူမှုစီးပွား ဘဝမြင့်မားလာစေရန်နှင့် နိုင်ငံတော်ဖွံ့ဖြိုးတိုးတက်လာစေရန် ဟန်ချက်ညီစွာအကောင်အထည်ဖော်ဆောင်ရွက်နိုင်မည်ဖြစ်ပါသည်။
၄။ ပြည်ထောင်စုသမ္မတမြန်မာနိုင်ငံတော်ဖွဲ့စည်းပုံအခြေခံဥပဒေ ပုဒ်မ၃၇တွင် နိုင်ငံတော်သည် နိုင်ငံတော်အတွင်းရှိ မြေအားလုံး၏ပင်ရင်းပိုင်ရှင်ဖြစ်သည်ဟုလည်းကောင်း၊ နိုင်ငံပိုင်သယံဇာတပစ္စည်းများအား စီးပွားရေးအင်အားစုများက ထုတ်ယူသုံးစွဲခြင်းကို ကွပ်ကဲကြီးကြပ်နိုင်ရန် ဥပဒေပြဌာန်းရမည်ဟုလည်းကောင်း၊ နိုင်ငံသားများအား ပစ္စည်းပိုင်ဆိုင်ခွင့်၊ အမွေဆက်ခံခွင့်၊ ကိုယ်ပိုင်လုပ်ကိုင်ခွင့်၊ တီထွင်ခွင့်နှင့်မူပိုင်ခွင့်တို့ကို ဥပဒေပြဌာန်းချက်နှင့်အညီ ခွင့်ပြုရမည်ဟုလည်းကောင်း ပြဌာန်းထားပါသည်။ အဆိုပါပြဌာန်းချက်အရ နိုင်ငံတော်သမ္မတက ၂၀၁၂ခုနှစ်၊ ဇွန်လ ၁၉ ရက်နေ့တွင် နိုင်ငံတော်၏ မြေသယံဇာတများကို စဉ်ဆက်မပြတ်စီမံအုပ်ချုပ်၊ အသုံးချနိုင်ရေးအတွက် လိုအပ်နေသောခိုင်မတိကျသည့် မူဝါဒတစ်ရပ်ရေးဆွဲ ပြဌာန်းနိုင်ရန် လမ်းညွှန်ခဲ့သဖြင့် "အမျိုးသားမြေအသုံးချမှုမူဝါဒ" ကို ရေးဆွဲပြုစုခြင်းဖြစ်ပါသည်။
၅။ ဤအမျိုးသားမြေအသုံးချမှုမူဝါဒသည် မြို့ပြ၊ ကျေးလက်များအပါအဝင် နိုင်ငံတော်အတွင်းရှိ မြေအသုံးချမှုနှင့် လုပ်ပိုင်ခွင့်များကို မူဝါဒပါ ရည်ရွယ်ချက်များနှင့်အညီ စနစ်တကျအောင်မြင်စွာအကောင်အထည်ဖော် စီမံဆောင်ရွက်နိုင်ရန်ဦးတည်ပြီး မြေနှင့်သက်ဆိုင်သောတည်ဆဲဥပဒေများ၏ ညီညွတ်မျှတမှု၊ ယင်းဥပဒေများကိုအကောင်အထည်ဖော်မှုအပါအဝင် အမျိုးသားမြေဥပဒေသစ်တစ်ရပ် ပြဌာန်းနိုင်ရေးအတွက်လည်းကောင်း၊ မြေအသုံးချမှု သို့မဟုတ် မြေလုပ်ပိုင်ခွင့်တို့နှင့်စပ်လျဉ်း၍ သက်ဆိုင်ရာဌာန၊ အဖွဲ့အစည်းများအားလုံးက အဆုံးအဖြတ်ပေးရမည့် ကိစ္စရပ်များအတွက်လည်းကောင်း လမ်းညွှန်ဖြစ်စေရမည်။
Source/publisher:
Ministry of Environmental Conservation and Forestry (MOECAF)
Date of publication:
2016-01-00
Date of entry/update:
2016-01-30
Grouping:
Individual Documents
Language:
Burmese (မြန်မာဘာသာ)
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Introduction: "1. Myanmar is a country where the various kinds of ethnic
nationalities are residing collectively and widely in 7 Regions, 7
States and Union Territory. The country is located in Southeast
Asia and is important geographically, economically and politically
in the region.
2. Moreover, Myanmar is a country that has rich natural resources and
environment, including valuable forests, fertile planes, natural gas
and mineral deposits, long coastline, mountain ranges, and rivers
such as the Ayeyarwaddy, Chindwin, Thanlwin, Sittaung, which
are the lifeblood of the country.
3. The land resources shall be managed, administered and used, with
special attention, by adopting long-term objectives for the
livelihood improvement of the citizens and sustainable
development of the country. When the land resources are
systematically used and well managed, the more it will be possible
to fulfill the basic needs of the citizens, develop the social and
economic life of the people, and develop the country harmoniously.
4. Under section 37 of the Constitution of the Republic of the Union
of Myanmar, it is provided that the Union is the ultimate owner of
all lands in the Union, shall enact necessary law to supervise
extraction and utilization of State-owned natural resources by
economic forces; shall permit citizens right of private property,
right of inheritance, right of private initiative and patent in accord
with the law. According to such provision, the President of the
Union also guided on 19th June, 2012 to adopt a necessary, strong
and precise policy for the sustainable management, administration2
and use of the land resources of the country, as such, "the National
Land Use Policy "has been developed.
5. This National Land Use Policy aims to implement, manage and
carry out land use and tenure rights in the country systematically
and successfully, including both urban and rural areas, in
accordance with the objectives of the Policy and shall be the guide
for the development and enactment of a National Land Law,
including harmonization and implementation of the existing laws
related to land, and issues to be decided by all relevant departments
and organizations relating to land use and tenure rights."
Source/publisher:
Ministry of Environmental Conservation and Forestry (MOECAF)
Date of publication:
2016-01-00
Date of entry/update:
2016-01-30
Grouping:
Individual Documents
Language:
English
Format :
pdf
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260.35 KB
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Description:
EXECUTIVE SUMMARY:
"Myanmar?s agricultural sector has for long suffered due to multiplicity of laws and regulations, deficient and degraded infrastructure, poor policies and planning, a chronic lack of credit, and an absence of tenure security for cultivators. These woes negate Myanmar?s bountiful natural endowments and immense agricultural potential, pushing its rural populace towards dire poverty.
This review hopes to contribute to the ongoing debate on land issues in Myanmar. It focuses on land tenure issues vis-à-vis rural development and farming communities since reforms in this sector could have a significant impact on farmer innovation and investment in agriculture and livelihood sustainability. Its premise is that land and property rights cannot be understood solely as an administrative or procedural issue, but should be considered part of broader historical, economic, social, and cultural dimensions.
Discussions were conducted with various stakeholders; the government?s inter-ministerial committee mandated to develop the National Action Plan for Agriculture (NAPA) served as the national counterpart. Existing literature was also reviewed. Limitations of the review included:
• maintaining inclusiveness without losing focus of critical aspects such as food security;
• the lack of a detailed discussion on the administration and management of forest land which is outside its purview; and
an evolving regulatory environment with work currently underway on the new draft of the National Land-Use Policy (NLUP) and Land-Use Certificates (LUCs) for farmlands (Phase One work)..."
Shivakumar Srinivas, U Saw Hlaing
Source/publisher:
Food and Agriculture Organization of the United Nations (FAO)
Date of publication:
2015-05-00
Date of entry/update:
2015-09-02
Grouping:
Individual Documents
Category:
Law and policy on land in Burma/Myanmar, Tenure (national legislation and policies), Tenure insecurity in Burma (including land grabbing), Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, Customary tenure (Myanmar)
Language:
English
Format :
pdf pdf
Size:
1.15 MB 7.49 MB
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Description:
"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..."
Kirsten Ewers Andersen
Source/publisher:
Chiangmai University Conference: "Burma/Myanmar in Transition"
Date of publication:
2015-07-26
Date of entry/update:
2015-08-06
Grouping:
Individual Documents
Category:
Customary tenure (Myanmar), Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, Law and policy on land in Burma/Myanmar, International Conference on Burma/Myanmar Studies (ICBMS) 23-26 July, 2015
Language:
English
Format :
pptx
Size:
1.06 MB
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Description:
[N.B. Only the 1st 2 and the last document were accessible, 30 July 2015] .....
National Land Use Policy 6th Draft (English Version)
English Version(6th draft).pdf...
ဆဌမအကွိမျ မွအေသုံးခမြှု မူဝါဒမူကွမျး (မွနျမာ)
myanmar version (6th draft).pdf...
ESIA (English) PartI...
ESIA (Englsih)PartI.pdf...
ESIA Letpadaung-Summary-Myanmar font...
ESIA Letpadaung-Summary-Myanmar font.pdf...
ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD 2883 PAGES...
ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD 2883 PAGES.pdf...
Lapadaung_ESIA_Scoping Study Report(English)...
Lapadaung_ESIA_Scoping Study Report(English).pdf...
Lapadaung_ESIA_Scoping Study Report(Myanmar)...
Lapadaung_ESIA_Scoping Study Report(Myanmar).pdf...
Executive_Summary_of_final_ESIA_report _English_Version...
Executive_Summary_of_final_ESIA_report _English_Version.pdf...
Executive Summary of final ESIA report_Myanmar_Version...
Executive Summary of final ESIA report _Myanmar 3 font 13_.pdf...
ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD...
ESIA OF LETPADAUNG PROJECT ON NOV 21ST BY KNIGHT PIESOLD 2883 PAGES.pdf...
Source/publisher:
Forest Department, Nay Pyi Taw
Date of publication:
2015-05-00
Date of entry/update:
2015-07-30
Grouping:
Individual Documents
Language:
English, Burmese (မြန်မာဘာသာ)
Format :
pdf
Size:
278.78 KB
Local URL:
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Description:
Opinion and analysis on business and human rights issues in Myanmar...For the last two days I have been at the Workshop on the National Land Use Policy Formulation held at the Myanmar International Convention Centre in Nay Pyi Taw. Under discussion was the 6th, and likely final, draft of the National Land Use Policy. (Available here: http://www.fdmoecaf.gov.mm/documents)
While the government should be commended for holding open consultation and taking on board many of the comments from civil society, the consultation?s location in Nay Pyi Taw is prohibitive to most civil society organizations (CSOs). In fact, if it was not for the diligent organization of buses and accommodation by Land Core Group, headed by U Shwe Thein and facilitated by Glen Hunt, the consultation would have been more like a intergovernmental discussion.
The opening morning consisted of speeches by U Kyaw Kyaw Lwin, the Deputy Director General (Policy/Planning) of the Forest Department and U Aye Maung Sein a National Consultant, who reminded us of the draft?s content and outlined the process of consultation undertaken so far. Vice President U Nyan Htun, Chairman of National Land Resource Management Central Committee, also delivered a speech in which he explained how the government had ?laid down a bottom up process for all sectors.? But the really interesting discussion came during the small working groups. The participants signed up for the following 5 different working groups:...It certainly a step forward for Myanmar when the government engages in a long consultation process and amends numerous drafts to reflect many of civil society?s concerns. If nothing else, the NLUP will serve as an important guideline for Civil Society to use in its advocacy in Myanmar. It remains to be seen how the final draft will look and how its provisions will frame the drafting of much needed, consolidated land law. One thing is certain, the irony of holding a land policy consultation in Nay Pyi Taw ? itself not exactly a model of participatory, sustainable land use ? was not lost on the participants."
Daniel Aguirre
Source/publisher:
Business & Human Rights in Burma/Myanmar
Date of publication:
2015-07-00
Date of entry/update:
2015-07-30
Grouping:
Individual Documents
Language:
English
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Description:
Objectives... Basic Principles... Land Use Administration... Formation of the National Land Use Council... Determination of Land Types and Land Classifications... Land Information Management... Planning and Changing Land Use... Planning and Drawing Land Use Map... Zoning and Changing Land Use... Changing Land Use by Individual Application... Grants and Leases of Land at the Disposal of Government Procedures related to Land Acquisition, Relocation, Compensation... Part-VI Land Dispute Resolution and Appeal... Land Disputes Resolution... Appeal... Assessment and Collection of Land Tax, Land Transfer Fee and Stamp Duties... 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...Miscellaneous .
Source/publisher:
Government of the Republic of the Union of Myanmar
Date of publication:
2015-05-00
Date of entry/update:
2015-07-30
Grouping:
Individual Documents
Category:
Law and policy on land in Burma/Myanmar, Shifting ("swidden", "jhum", "taungya") cultivation - Burma/Myanmar, Agricultural policy, Customary tenure (Myanmar)
Language:
Burmese (မြန်မာဘာသာ)
Format :
pdf
Size:
488.79 KB
Local URL:
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"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.
The Land Use Scrutiny and Allocation Central Committee (LUSAC), a government body led by Vice President U Nyan Tun which is steering the policy-formulation process, promised to update the draft in keeping with the decisions taken by the forum.
?We will respectfully insert the decisions of this forum into the draft,” said committee secretary U Kyaw Kyaw Lwin, who is also a deputy minister in the President?s Office.
The forum decided to include representatives of farmers? organisations in the National Land Use Council. The latest draft, the sixth, says the council should be chaired by the vice president and should include the relevant Union ministers and state and region chief ministers.
The draft would re-categorise ethnic ancestral land in accordance with the new land law and stop granting concessions on existing categories such as forest, farm or fallow land before completing the re-categorisation.
It would also use traditional disputes settlement practices and allow the participation of ethnic representatives in dispute-settlement procedures.
The ethnic CSOs demanded the inclusion of ethnic representatives at the decision-making level.
Government officials said the new dispute settlement mechanism should not contradict the existing judiciary system.
?The traditional dispute settlement mechanism is recognised at the community level, but when the dispute is referred to the court, the mechanism should not contradict the existing judicial system. The decision will be made by the judge,” said U Tint Swe, the director of the Forest Administration Department of the Ministry of Environmental Conservation and Forestry, the focal ministry for formulating new land policy..."
Sandar Lwin
Source/publisher:
"Myanmar Times"
Date of publication:
2015-07-03
Date of entry/update:
2015-07-09
Grouping:
Individual Documents
Language:
English
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