The Myanmar government must set out a clear vision for land reform before introducing or enacting new laws, Global Witness says. The call comes as Parliament discusses amendments to the Farmland Law* which threaten to further undermine land rights.
The National League for Democracy (NLD) government has failed to keep its promise to end the prolific and violent spate of land seizures that blighted rural life in Myanmar during decades of military rule. This includes failing to adopt the pro-poor National Land Use Policy, which sets out to protect small-holder farmers, after it was passed by the previous Thein Sein government.
Ali Hines of Global Witness said: “The government should adopt the National Land Use Policy and enshrine its principles in any amendment to land laws. Pushing through reforms without a clear vision or broad public consultation risks further complicating current land disputes.”
The National Land Use Policy recently came under threat from the Commission for the Assessment of Legal Affairs and Special Issues, a government body chaired by Thura Shwe Mann. Former Chairman of the Union Solidarity and Development Party (USDP), he is thought to be one of Myanmar’s most powerful politicians. Last year a Reuters investigation linked him to unresolved land grabs.
In a memo sent to Parliament and the President’s Office in November 2016, the Commission recommended that a number of key components of the policy be revised or scrapped altogether. These included the protection of ethnic land rights, women’s land rights, the establishment of a separate Land Use Council, and an independent arbitration body to deal with land restitution issues.
The government has not yet publically stated whether it will accept these revisions. It is also not yet clear whether the amendments to the Farmland Law – if passed by Parliament – will go to the Commission for approval.
Notes to editor:
*The Farmland Law was one of two land laws passed in 2012, the other being the Vacant, Fallow and Virgin Land Management Law. Both laws have been heavily criticised by civil society for prioritising private investment over smallholder farmers and perpetuating the land-grabbing crisis
You might also like
Company executives could now be tried for land grabs and environmental destruction
Historic announcement from International Criminal Court Prosecutor is critical first step in crackdown on violence and theft in global trade in land and natural resources
Guns, Cronies and Crops
New Global Witness exposé: how Myanmar’s business, political and military cronies conspired to grab farmers’ land, leaving communities struggling to survive.
Myanmar’s draft national land policy
As part of its transition to democratic reform, in October 2014 the Government of Myanmar released a draft national land policy and plans for a subsequent Land Law, for public consultation. The importance of this cannot be understated and Global Witness welcomes both the potential for a strong codified framework for land, and the opportunity for public participation.