Myanmar Country Report: Customary Tenure in relation to Free, Prior and Informed Consent and Existing Safeguards for Indigenous Peoples and Local Communities
October 3, 2023

Customary land tenure is a complex and diverse system in Myanmar, and it is widely used by ethnic or Indigenous Peoples (IPs) for their livelihoods. However, it is not yet legally recognized or protected by domestic legal frameworks, leaving indigenous lands vulnerable to expropriation by business investors, development projects, and militarization.

While there is a growing recognition of the importance of customary land tenure in Myanmar, there is still no formal guideline for FPIC in the legal framework, and the National Land Law, which is expected to recognize customary land tenure, has yet to be developed.

This paper aims to showcase the advantages of customary tenure in sustainable forest conservation and the enrichment of cultures and social norms and provide policy recommendations for the effective institutionalization of customary land tenure and FPIC practices related to natural resource management in the context of Myanmar.

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