Endemic Land Confiscation in Burma: A Major Challenge to the Reform Process

By Burma Partnership • November 11, 2013

The issue of land confiscation has been and will continue to be one of the largest problems facing Burma. The increase in foreign investment, the liberalization of the economy, and lack of rule of law generally, including both appropriate legislation and an independent judiciary,have resulted in land confiscation on an endemic scale. Thegovernment of Burma has responded to this growing problem with inadequate laws and is currently viewed more as an obstacle than a part of the solution. This issue has affected both urban and rural communities across the country and has been perpetrated by the government, the Burma Army and businesses.

The confiscation and actions associated are in direct violation of numerous international standards, such as the UN Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights (ICCPR), the UN Declaration on the Rights of Indigenous Peoplesand the Pinheiro Principles. The domestic laws meant to combat land confiscation have serious flaws and in many instances are legislatively aiding and abetting land confiscation. Furthermore, the parliamentary commission assigned to investigate illegal land confiscation has serious limitations.

Those human rights defenders who call for the respect of people’s rights in the face of land confiscation have been physically attacked, harassed, detained and imprisoned, in contravention of their fundamental rights to freedom of expression, assembly and association as protected by the ICCPR.The land laws of the country need to be fundamentallyamended in order to fully protect the rights of land holders. Finally an immediate halt of any confiscation by the government,the Burma Army or businesses needs to occur.

The international community must call on the Burma government to amend land laws to ensure compliance with international guarantees, cease the harassment of land activists and put an immediate end to arbitrary confiscation.

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