Linking Women and Land in Myanmar - Recognising Gender in the National Land Use Policy

TitleLinking Women and Land in Myanmar - Recognising Gender in the National Land Use Policy
Annotated RecordAnnotated
Year of Publication2015
AuthorsTNI _
IssueFebruary
Pagination1-24
Key themesCivilSociety-Donors, Gender, MarginalisedPeople, Policy-law
Abstract

The draft National Land Use Policy (NLUP) that was unveiled for public comment in October 2014 intends to create a clear national framework for managing land in Myanmar. This is a very important step for Myanmar, given the fundamental importance of land policy for any society – particularly those with recent and complex histories of political and armed conflict and protracted displaced populations. With 70% of Myanmar’s population living and working in rural areas, agriculture is a fundamental part of the country’s social and economic fabric. The majority of these are small-holder farmers, whose land rights are currently under threat. The situation is particularly dire for the country’s ethnic minority groups, who make up an estimated 30% of the population. Establishing an inclusive land use policy-making process that allows for - and encourages - full and meaningful participation for all rural working people is essential for ensuring a policy outcome that is widely and effectively accepted by society. The land use policy draft under discussion here has a national scope, and will likely have a long-term impact. Therefore it is of crucial importance to the future prospects and trajectories of agriculture and the lives of those engaged in the sector, with impacts not only upon how land is used, but also upon who will use it, under what conditions, for how long and with what purposes. Ensuring that all members of Myanmar’s rural communities are considered in the making of the policy, so that their needs are represented and their rights are upheld, is critical to its legitimacy and efficacy in providing a basis for democratic access and control over land and associated resources. This policy brief will focus upon the potential gender implications of the current policy draft and offer some suggestions as to how it might be improved to promote and strengthen women’s land rights within the Myanmar context.
URLhttps://www.tni.org/en/briefing/linking-women-and-land-myanmar
Availability

Available for download
Countries

Myanmar
Document Type

Report

Annotations

Overall relevance: 

At the time this policy brief was published (2014), Myanmar’s national land use policy was still in draft form put out for public consultation. The aim of the brief was to examine the gender implications of the policy, and how it might be improved to promote and strengthen women’s land rights. The context has since changed significantly. While the national land use policy was adopted in Jan 2016 by the then transitional government, a troubled and contested roadmap to operationalize its principles into a national land law never came to fruition before the military coup in 2021 put a halt to land reforms in the country. Although the future of Myanmar remains uncertain, the analysis in this brief remains relevant for ensuring the inclusion of women in any future policy and legal development in the land sector and beyond.

Key Themes: 
  • Civil society and donor engagement in land issues - Myanmar’s national land use policy was hailed as the most consultative which benefitted from the involvement of civil society organisations and grassroots activists with the support of donors. Several provisions in the policy were seen as progressive such as the recognition of customary land claims and the inclusion of women in land governance. However, two years after the policy was adopted, amendments to land laws were passed that contravened fundamental principles contained in the policy. The land policy was increasingly seen has having limited in its political influence. In the years leading up to the 2021 military coup, civil society actors expressed concern over the closing of space for comment on legislative land reforms, as exemplified in the loss of trust in the government’s roadmap for developing the new national land law. The term ‘consultative authoritarianism’ has been coined by scholars to highlight the contradiction of oppressive authoritarian states allowing citizen voice and input into policy and law reform processes. In light of what has ensued in Myanmar, consultative processes such as those around the national land policy can be seen not as a trend of authoritarian states moving to democratic transition, but rather as an effort by Myanmar’s military regime to reduce and control social conflicts to allow for a more durable regime.
  • Gender and land - The policy brief examines why it is critical to consider gender within land and resource policies. It highlights the importance of recognizing, promoting and protecting women’s land rights and ensuring women have equal access to and control over land, especially in rural communities. Despite the vital productive and social-reproductive roles they play, women in Myanmar have little legal protection in their access to natural and productive resources and in the workplace. Women face more discrimination and barriers than men in accessing or owning land, participating in consultations and decision-making processes regarding land, and in utilising dispute mechanisms. These barriers are multifaceted, encompassing social and cultural inequalities, limited access to education and skills, and economic constraints such as lack of time and financial resources. This exclusion is further exacerbated by women’s limited participation in decision-making processes not only in land management and administration, but in wider political processes and decision-making bodies. Addressing these barriers is fundamental to establishing a national land use policy that supports a healthy, peaceful and ethnic inclusive society, ensures sustainable economic growth, and contributes to the full realization of women’s human rights.
  • Marginalized people's land rights and access: ethnic minorities, poor and women - The policies of ethnic exclusion and discrimination by Myanmar’s successive military governments have negatively impacted Myanmar’s ethnic minority women. They are among the most vulnerable and marginalized populations groups in the country due to conflict, discrimination, and cultural and language barriers. Land policy needs to ensure to take the land rights of ethnic minority women into account, as well as the large number of internally displaced persons and refugees in neighbouring countries.
  • Land policy and land law - The policy brief underscores that a deeper analysis of the complex links between gender and land is crucial to the development of land management policy that fully protects both men and women. Land policies need to consider how an individual’s social position can create barriers to their inclusion in decision-making processes, and may impact their access to the mechanisms that assist in dispute negotiations and land registration. They need to recognise and address how changes in land use may impact men and women differently, and how preexisting societal perceptions of gender are implicit in how these changes play out. The brief also provides specific recommendations to ensure that gender equality is more appropriately addressed in national land use policy, such as providing clearer guidelines for methods that can help ensure equal rights become a reality in practice, stating what ‘positive actions’ will be undertaken to accelerate de factor gender inequality, and providing measures to facilitate women’s participation and representation in land-focused decision-making bodies from village to national levels.
Research basis: 

This policy brief is based on an analysis of Myanmar’s draft national land use policy, including both Burmese and English versions, where authors identify some notable differences in provisions for addressing gender inequality. (Provided by Ye Aung Soe, Theingi, and Aye Mon Thu)