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

ABSTRACTED FROM EXECUTIVE SUMMARY: The research on customary communal tenure in Chin and Shan States was carried out through two short site visits during 2013-14 by one international and three national researchers in the two states. The Land Core Group with LIFT funding was the sponsor of the study with support from its partners GRET in Chin State and CARE in Shan State. The study concentrated on two pilot villages in Northern Chin State, Haka township and two pilot villages in Northern Shan State, Lashio township. These villages agreed to take part in the study. None of these villages hold registered title to their agricultural land. 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.

Available for download

Report