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

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

3. 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

4. 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

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

6. 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)

7. 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

8. 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

9. 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?

10. 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

11. 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

12. Way forward: The Peace Process

13. THANK YOU!