A/HRC/42/CRP.5 remain limited as a result of several challenges, including the identification of suitable land in safe locations.1436 The survey further identified the right to restitution for housing, land and property as one of the cross-cutting issues that must be addressed to ensure that solutions for return are sustainable.1437 597. According to a UNICEF Humanitarian Situation Report covering January to June 2019, in Kachin State“the total number of returnees remains small and movements are generally uncoordinated and often to places that are still considered unsafe due to landmine contamination or proximity to military establishments. Humanitarian agencies struggle to respond to such cases because they have not been involved in the returnee process and are unable to verify the principles guiding the returns.”1438 2. The Vacant, Fallow and Virgin Lands Management Act 598. The enactment of the Law Amending the Vacant, Fallow and Virgin Lands Management Law (VFV Law) in September 2018 has exacerbated pre-existing tensions related to land tenure in ethnic areas in northern Myanmar. The amended law required those occupying or using VFV lands without permits to register the land within six months1439 or potentially face eviction, imprisonment and/or fines.1440 The six month period expired on 11 March 2019. 599. The Mission received information about farmers who have been sued for not having registered their lands under the VFV Law before the expiry of the six month period. For example, the Mission received information that at the end of March 2019, in Shan State, four villagers were sued for using lands not registered under the VFV Law. 1441 600. Under the Constitution of Myanmar, the Union is the “ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere” (section 37). The 1894 Land Acquisition Act provides the framework for land acquisition for public purposes. The VFV Law regulates a range of lands including unused plots and abandoned lands.1442 601. IDPs, civil society organizations and networks, political parties and other stakeholders opposed the implementation of the 2018 Amendment Law and called for it to be repealed or boycotted. Many expressed concerns that the amendments would enable land-grabbing and affect the livelihoods of ethnic communities, fuel conflict, weaken customary land tenure and negatively impact the peace process. 1443 602. The Government has estimated that approximately 50 million acres qualify as VFV land, 82 per cent of which is in ethnically-populated States.1444 Access to land and livelihoods has long been considered one of the main drivers of Myanmar’s ethnic conflicts. Some commentators have pointed out that the amendment to the VFV Law legalizes land grabbing in ethnic areas by failing to recognise the customary title of farmers and de facto criminalizes the actions of thousands of farmers across the country who continue to use their traditional but now unregistered land.1445 603. Other interlocutors interviewed by the Mission noted that limited consultations were carried out before the adoption of the amendment. They expressed concern that the short six month window for registration was insufficient. They also feared that the law would have disproportionate effects on women and on those who could not read, speak or write 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 160 FFFGEN-1-88351. FFFGEN-1-88351. See https://www.unicef.org/myanmar/media/2476/file/UNICEF.pdf Amended Section 22 of the Vacant, Fallow and Virgin Lands Management Law. Amended Section 27 of the Vacant, Fallow and Virgin Lands Management Law. GI-050. A/HRC/39/CRP.2, para. 428. V-365, V-367, V-369, V-413, V-414, V-415, V-416, V-418. V-367. V-365, V-367, V-369, V-413.