Land and Conflict in Myanmar Francesca Marzatico Ph.D. Palladium LTD “2017 WORLD BANK CONFERENCE ON LAND AND POVERTY” Washington DC, 20-24 March 2017

Overview Aim and Description of the Study Introduction: Facts & Figures Land legal framework The Complexity of Kachin Conflict The role of land Way forward

Aim of the study The study aims at analysing the role of the land (and natural resources) in the ethnic conflicts in Myanmar, with particular reference to the Kachin conflict. It also looks at possible solutions in the framework of the current political dialogue in Myanmar

Facts & Figures Population: 54, 363 000* (2016) Land Area: 676,578 sq. km Seven regions and seven states Independence: 4 January 1948 Coup d'état: 2 March 1962 Sanctions from 1989 through 2012 First Elected Democratic Government: 8 November 2015 President: Htin Kyaw State Counselor: Aung San Suu Kyi

Facts & Figures: Natural Resources Hydropower Potential Natural forests (teak & rosewood) Gems & Precious metals Natural Gas Oil

Land in Myanmar Livelihood and economic source (70% population) Important source for investors Place of belonging embodying fight of ethnic groups Livelihood and economic source (70% population)

Land legal framework Constitution 2011 State “ultimate owner of all lands and all natural resources” and shall “supervise extraction and utilization of State-owned natural resources by economic forces”. No recognition of Customary rights 2012 Laws “Legalizing land Grabbing” Farmland Law Virgin Fallow and Vacant Land Land Use Policy 2016: Recognition of Customary rights Women land rights

Kachin Conflict: History 1947: Kachin signs Panglong Agreement (full autonomy) 1961: Kachin forces withdraw from the army KIA is formed under the KIO 1984: negotiated ceasefire 2011: resuming of hostilities 2015: non signatory of the national ceasefire agreement 2017: Still fighting

Kachin Conflict: Challenges Power elites Complex geopolitics Opium Cultivation Private investors Illegal trade routes Farmers Extractive industries Illegal logging War industry and actors INTEREST IN PEACE?

PROTRACTED DISPLACEMENT AND VULNERABILITY The role of Land Land as cause of conflict Access and control of land at the heart of the conflict Exploitation of mining sites Land as part of the conflict Large scale land allocations Control of territory Access to weapons CONFLICT CONDUCIVE TO CONCENTRATION OF WEALTH IN THE HANDS OF ELITES AND TO CORRUPTION PROTRACTED DISPLACEMENT AND VULNERABILITY

Way forward? Address access to and control of land in the peace process Real recognition, protection and promotion of ethnic land rights Peace process to be meaningful to genuinely involve civil society Learn from previous experiences: the Land Use Policy Other participatory approaches FLEGT Get closer to the communities and allow their participation Meaningful support from international community

Way forward: The Peace Process

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