ABSTRACT ORIGIN UNKNOWN: This report provides a recent update on land policies in the ethnic regions of Burma following the 2010 national elections and the beginning of the ceasefire with the Karen National Union in 2012. The authors argue that, while military conflict and associated abuses have declined, the Burmese government’s commitment to foreign investment and export-led economic growth is making traditional land tenure even less secure than before.

EXECUTIVE SUMMARY: Burma has been praised in recent years for the return to a civilian government and for the implementation of legislative reforms; international economic sanctions are being lifted and President Thein Sein became the first Burmese politician to enter the White House since 1966. However, this common picture does not reveal the depth and complexity of the current situation in Burma. Now is a crucial time.

The series of studies of which this is the overview are a contribution to the third year of this process. The aim of the studies has been to pull together in a simple form, updated information about large-scale land acquisitions in the region, with the aim of identifying trends, common threats, divergences and possible solutions. As well as summarising trends in investment, trade, crop development and land tenure arrangements, the studies focus on the land and forest tenure and human rights challenges.

While there is ample evidence of state and corporate complicity in the serious and systematic human rights violations that have surrounded the development of industrial sugarcane plantations in Cambodia, nobody has been held accountable and those affected have been denied access to an effective remedy at the local and national levels. Unable to obtain redress through Cambodian institutions, affected communities have turned to Europe in search of accountability.

This paper uses household panel data from rural Vietnam to explore the effects of having a relative in a position of political or bureaucratic power. Our results suggest that households increase their investment in land improvements due to such ties. Likely explanations are that connections to office holders strengthen de facto land property rights and access to both credit and transfers. Results also indicate that officials prefer to use informal rather than formal channels of redistribution to relatives.

ABSTRACTED FROM THE PREFACE: The origin of this report dates back to 2002, when the first Vietnam Access to Resources Household Survey (VARHS) was carried out.

This paper examines the main drivers of resource conflict in Myanmar. The author first looks at the major resource-related projects that could crate conflict in the country, namely the Myitsone hydroelectric dam project, the Letpadaung copper mine and the Shwe oil and gas project. He then explores some of the other areas connected to resource conflict.

Part of a 3 year collaboration among the national human rights institutions of the region. Each of 8 national studies aims to pull together in a simple form, updated information about large-scale land acquisitions in the region, with the aim of identifying trends, common threats, divergences and possible solutions. As well as summarising trends in investment, trade, crop development and land tenure arrangements, the studies focus on the land tenure and human rights challenges.

Land deals are frequently agreed in secret between governments and investors. This lack of transparency in the allocation of land fosters an environment where elite capture of natural assets becomes the norm, where human rights are routinely abused with impunity, where environmental destruction is ignored and where investment incentives are stacked against companies willing to adhere to ethical and legal principles.

In rural Cambodia the rampant allocation of state land to political elites and foreign investors in the form of ‘‘Economic Land Concessions (ELCs)’’— estimated to cover an area equivalent to more than 50% of the country’s arable land—has been associated with encroachment on farmland, community forests and indigenous territories and has contributed to a rapid increase of rural landlessness. By contrast, less than 7,000 ha of land have been allotted to land-poor and landless farmers under the pilot project for ‘‘Social Land Concessions (SLCs)’’ supported by various donor agencies.

This paper investigates the real financial consequences of investing in land with disputed tenure rights. It demonstrates that companies which ignore the issue of land tenure expose themselves to substantial, and in some cases extreme, risks. Using case study analysis, the paper connects ground-up financial thinking with empirical reality. In so doing, it makes a strong case for the need to integrate tenure-related risks more comprehensively into our financial architecture.

In Rubber Barons, Global Witness documents the devastating impact of Vietnam’s rush for rubber on local communities in Laos and Cambodia. The investigation also shows how international financiers Deutsche Bank and the International Finance Corporation were backing these land grabs – often in contravention of their own policies. In both Laos and Cambodia, national laws are supposed to protect forests, limit the size of foreign land concessions and require consultation with local communities over land use, but these laws are rarely enforced.