Land disputes and the ongoing development of the substantive rule of law in Myanmar (Burma)

摘要

The Myanmar Parliament passed the Farmland Law in September 2011 and the Vacant, Fallow, and Virgin Lands Management Act in March 2012. Both pieces of legislation form part of a legislative response as Myanmar (Burma) emerges from a 60 year period of chronic armed conflict.Part I of this paper outlines the underlying grievances associated with land disputes with a focuses upon Kayin (Karen) and Rakhine (Arakan) states. Part II critically analyses the relevant constitutional and legislative framework and the role of the Parliamentary Land Investigation Committee in light of these underlying grievances. Part III adopts a comparative stance and considers the approach taken in Kenya as it has sought to address similar issues. Finally, Part IV reflects upon the role that constitutional and legislative reform in relation to land disputes plays in the ongoing development of the substantive rule of law in Myanmar (Burma).