Research and Publications

In Myanmar, we're learning more about how village leaders solve land disputes in the traditional way to help inform policy makers on the best ways forward to ensure protection of displaced people.

They say that good boundaries make good neighbours, however it is often difficult to determine where such boundaries lie. In rural Myanmar, disputes over boundaries are often solved through traditional methods, which include engaging the village elders and other customary authorities.

Decades of civil war and massive development have created even more serious problems concerning land, such as people being forced to flee and returning to see their land occupied by others. Sometimes the military, ethnic armed organisations, the government, companies or a combination of them take over the land of farmers without following a legal procedure or providing adequate compensation for the land lost. This creates very serious problems for displaced people. 

The Norwegian Refugee Council (NRC), together with Displacement Solutions, has conducted a study to learn more about how village leaders solve land disputes in the traditional way to help inform policy makers on the best ways forward to ensure protection. The report is entitled "A HLP-Rights Based Assessment of Customary Land Dispute Resolution in Eastern Bago Region and Kayin and Shan States."

Several MyJustice partners undertook case documentations of women’s experience of navigating justice systems in Myanmar, for a range of different issues. Myanmar versions of these documentations are downloadable from the links below. An English synthesis is forthcoming.

Several MyJustice partners undertook case documentations of women’s experience of navigating justice systems in Myanmar, for a range of different issues. Myanmar versions of these documentations are downloadable from the links below. An English synthesis is forthcoming.

Several MyJustice partners undertook case documentations of women’s experience of navigating justice systems in Myanmar, for a range of different issues. Myanmar versions of these documentations are downloadable from the links below. An English synthesis is forthcoming.

Several MyJustice partners undertook case documentations of women’s experience of navigating justice systems in Myanmar, for a range of different issues. Myanmar versions of these documentations are downloadable from the links below. An English synthesis is forthcoming.

Several MyJustice partners undertook case documentations of women’s experience of navigating justice systems in Myanmar, for a range of different issues. Myanmar versions of these documentations are downloadable from the links below. An English synthesis is forthcoming.

Namati offers this brief in the hope that Myanmar’s national reforms and the implementation of the country’s new National Land Use Policy can grow from the lived experience of ordinary Myanmar citizens. Namati and our partners assist farmers in Myanmar to claim their land rights through a community paralegal approach. Community paralegals are trained in relevant laws, community education, negotiation, and mediation skills to work with farmers to resolve a variety of land rights issues. Dozens of data points are documented as part of each case resolution process that illustrates how the legal framework functions in practice. It is this casework data that underpin this policy brief. Focus groups and interviews with paralegals and clients further provide qualitative context and insights.

Namati recommends actions the Myanmar government can take as part of implementing its new National Land Use Policy to help increase women’s engagement in land use management and access to tenure rights. This briefing also provides recommendations for civil society organizations interested in the community paralegal model, and, in particular, in increasing the number of women paralegals in the country as a means of women’s empowerment.

On September 11, 2018 parliament passed an amendment to the Vacant, Fallow and Virgin (VFV) Land Management Law. This law has been criticized by many groups ranging from civil society groups to mining companies. The primary concern is that it will cause further insecurity for farmers and ethnic communities. For purposes of this report when we refer to the VFV Management land law we refer to both the original 2012 VFV and the 2018 amendment to it – which has introduced new problems for farmers.

Most of the lands classified as VFV are in ethnic rural areas and up to 10 million people live or rely on this land for their livelihood. The new law means that these people must now apply for 30-year concessions to use their own land. If they fail to do so and another group such as a company is awarded their land, they face up to two years in prison for trespass. While the amendment does exclude land being used under customary tenure from being classified as VFV, the law provides no definition of customary land or any procedure by which communities can register their land as customary.

This report presents new data from a survey of 290 farmers who depend on land classified as Vacant, Fallow and Virgin Land.

MyJustice is pleased to release the full version of Myanmar Justice Survey 2017 (MJS). In 2017 MyJustice conducted the largest statistically significant survey on justice issues in Myanmar. 3,565 people over the age of 18 were randomly selected for the survey from across all regions and states in Myanmar. Myanmar Justice Survey presents the main results of this nationwide survey.

Legal aid for the criminally accused is essential to ensure access to justice and rule of law, and Justice Centres provide free legal representation for poor and vulnerable people accused of crimes to fight against violations of fair trial and human rights. MyJustice partner International Bridges to Justice has published the Myanmar Criminal Defense Practice Manual, which provides practical analysis and advice for criminal defense lawyers in Myanmar to provide a robust defense on behalf of their clients. The Manual is part of an ongoing effort to build the capacity of legal professionals to defend the rights of the accused, create a fairer criminal justice system, and expand access to justice.