agrarian

Official Burmese and English versions; unofficial English version (Habitat)

1. Introduction 1;
2. Historical Context and Current Implications of the State Taking Control
of People, Land and Livelihood 2;
2.1. Under the Democratically Elected Government 2;
2.1.1. The Land Nationalization Act 1953 2;
2.1.2. The Agricultural Lands Act 1953 2;
3. Under the Revolutionary Council (1962-1974) 2;
3.1. The Tenancy Act 1963 3;
3.2. The Protection of the Right of Cultivation Act, 1963 3;
4. The State Gains Further Control over the Livelihoods of Households 3;

KEY RECOMMENDATIONS:-
(1) TO MYANMAR LAWYERS:
"a. Lawyers need to form strong networks and associations to support farmers, ethnic groups and community organizations...
b. Lawyers need to develop new skills to participate in policy advocacy, including collecting data about current practices, and engage in a national debate about land rights...
c. Lawyers working on land rights cases need to use all available tools to strengthen their case work (see annex 2 for a list of practical actions lawyers can take).....
(2) TO CIVIL SOCIETY ORGANISATIONS:

EXECUTIVE SUMMARY: "In recent years, many governments globally have formally recognized community land and natural resource tenure, either based on existing customary practices or more recently established land governance arrangements.1 These tenure arrangements have been called by a variety of names, such as community, customary, communal, collective, indigenous, ancestral, or native land rights recognition. In essence, they seek to establish the rights of a group to obtain joint tenure security over their community’s land.

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.

Table of Contents:
PREAMBLE...
CHAPTER 1: PRELIMINARY -
Article 1.1 Basic Principle of Kawthoolei Land Policy...
Article 1.2 Objectives....
Article 1.3 Nature and scope...Definitions...
CHAPTER 2: GENERAL POLICY MATTERS -
Article 2.1 Basic principles...
Article 2.2 Principles of implementation....
Article 2.3 Rights and responsibilities...
Article 2.4 Policy, legal and organizational frameworks related to
land governance...
CHAPTER 3: RECOGNITION AND ALLOCATION OF TENURE RIGHTS
AND DUTIES:

...Through research on Myanmar, we argue that in authoritarian settings where legality has drastically declined, the starting point for cause lawyering lies in advocacy for law itself, in advocating for the regular application of law’s rules.

Adopted 20 March 2012, published 1 April 2012....."The objectives of this Law are as follows:
(a) to enable to implement the Myanmar National Environmental Policy;

Vacant, Fallow and Virgin Land Managemen

The State Law and Order Restoration Council -
The Narcotic Drugs and Psychotropic Substances Law -
(The State Law and Order Restoration Council Law No.1/93) -
The 5th Waxing Day of Tabodwe, 1354 ME. -
27th January, 1993

Documents and analyses on land tenure in Burma/Myanmar.....
"1.Reconcile legality and legitimacy through clear legal recognition of existing
acknowledged rights, whatever their origin (customary or statutory) or nature
(individual or collective, temporary or permanent).
2.Initiate widespread debate on the choice of society that the land policies will
serve (and target), the opportunities for formalisation, how it will be implemented
and its possible alternatives.
3.Build consensus between all the actors concerned (central and local