A/HRC/42/CRP.5
system.1459 Several ethnic organizations and stakeholders reported that there is no vacant
land in their communities.1460 According to the survey:
Farmers find the implication that their land is seen as VFV and they only qualify for
a concession insulting - 27% of respondents responded that they will not apply for
VFV registration because they do not consider their land as VFV. Interviewers also
repeatedly heard from farmers that it is insulting to have to request a 30-year
concession on their own land which they feel is theirs.1461
610. The land use concessions, in addition to being temporary, cannot be sold or
transferred to others, including family members, without Government permission, 1462
resulting in children potentially having no rights to the land that their parents worked. 1463
3.
Effects on IDPs
611. The amended law disproportionately affects IDPs in northern Myanmar due to the
concentration of ethnic communities dependent on communal land use and IDPs’ inability
to assert their claim to their lands due to their displacement. 1464 IDPs are both at risk of
losing their land in their places of origin and facing fines or imprisonment for using land in
the places to which they have been displaced. Displaced women are acutely affected, due to
the high prevalence of female-headed households, coupled with the discriminatory social
customs denying their right to access, inherit or own land in many of these ethnic
communities.1465
612. Reports received by the Mission indicate that the lack of physical proximity to their
properties, compounded by the absence of freedom of movement, lack of property
documentation, limited access to administrative services and the centralization of the
process determining the status of the land, negatively affected the ability of IDPs to register
their land.1466 Civilians, including residents in the IDP camps, reported they feared being
arrested if they left to register their lands with the authorities. 1467
613. In March 2019, days before the 11 March deadline for registering land under the
amended VFV Law, 17 national and international NGOs supporting conflict-affected
communities in Kachin and northern Shan State stated:
“Not having been able to return to their lands, the vast majority of IDPs have not
had the opportunity to protect their own land rights, particularly within the short 6month time period.”1468
They added,
1459
1460
1461
1462
1463
1464
1465
1466
1467
1468
162
2180, 2181, 2183, GM-017, GM-018, GM-020, GI-056, V-367.
GM-018, V-413.
2183.
V-416.
GM-018, V-415.
V-368, V-369, GI-050. See also: https://www.bnionline.net/en/news/idps-worried-land-will-begrabbed-under-new-law
Men and women have equal rights to inherit and own land under Myanmar Law. However, the
cultural norm is that they have distinct but complementary roles in society, which ultimately impact
land ownership. Namati, Gendered Aspects of Land Rights in Myanmar II: Evidence from Paralegal
Case Work (June 2019); Gender Profile for Humanitarian Action, and across the HumanitarianPeace-Development Nexus (Rakhine, Kachin and Northern Shan Myanmar) January 2019; Woods,
Kevin. “A Political Anatomy of Land Grabs.” Transnational Institute, March 2014; Faxon, Hilary.
“The Praxis of Access: Gender in Myanmar’s Land Use Policy.” Conference Paper No. 17, Chiang
Mai University, May 2015, pp.7-8.
GM-018, GI-050, GI-052, V-348, V-365, V-418.
PI-136, PI-161, PM-009, Gender Profile for Humanitarian Action, and across the HumanitarianPeace-Development Nexus (Rakhine, Kachin and Northern Shan Myanmar) January 2019.
https://reliefweb.int/report/myanmar/ngos-call-halting-implementation-vfv-land-law-amendmentprotect-rights-displaced
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