Are the Odds of Justice “Stacked” Against Them? Challenges and Opportunities for Securing Land Claims by Smallholder Farmers in Myanmar
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In 2012, the Government of Myanmar passed the Farmland Law and the Vacant, Fallow, Virgin Land Law, with an aim to increase investment in land through the formalization of a land market.Abstract:
In 2012, the Government of Myanmar passed the Farmland Law and the Vacant, Fallow, Virgin Land Law, with an aim to increase investment in land through the formalization of a land market. Land titling is often considered “the natural end point of land rights formalization.”11 Hall et al. 2011, 35. A major obstacle to achieving this in Myanmar is its legacy of multiple regimes which has created “stacked laws.”22 Roquas 2002, 11. This term refers to a situation in which a country has multiple layers of laws that exist simultaneously, leading to conflicts and contradictions in the legal system. This ambiguity is often manipulated by those who have more access to political and economic resources, particularly those who received large land concessions under the 1988–2010 military regime. In this context, this paper attempts to answer the question: In Myanmar, how do smallholder farmers engage with a stacked legal framework, which is ambiguous and unfairly applied, to defend themselves against land dispo...read more
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The evolution of the World Bank's land policy : principles, experience, and future challenges
TL;DR: In this paper, the authors examine the evolution of policy recommendations concerning rural land issues since the formulation of the World Bank's "land reform policy paper" in 1975. And they show that the potential of land rental markets has often been severely underestimated, that land-sale markets enhance efficiency only if they are integrated into a broader effort at developing rural factor markets, and that land reform is more likely to result in a reduction of poverty if it harnesses (rather than undermines) the operation of land markets.