Institutional Models For A Future Recognition And Registration Of Customary Communal Tenure in Myanmar

Institutional Models For A Future Recognition And Registration Of Customary Communal Tenure in Myanmar

This paper was prepared by Kirsten Ewers for presentation at the 2016 World Bank Conference on Land and Poverty in Washington D.C. in March 2016. 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.

Institutional Models For A Future Recognition And Registration Of Customary Communal Tenure in Myanmar (ENG)