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

Abstract

Abstract. The Myanmar Parliament has passed the Farmland Law and the Vacant, Fallow, and Virgin Lands Management Law. Both pieces of legislation form part of a legislative response as Myanmar (Burma) emerges from a sixty year period of chronic armed conflict. Part 2 of this paper outlines the underlying grievances associated with land disputes with a focus upon Kayin (Karen) and Rakhine (Arakan) states. Part 3 critically analyses the relevant constitutional and legislative framework and the role of Parliamentary bodies in light of these underlying grievances. Part 4 adopts a comparative stance and considers the approach taken in Kenya as it has sought to address similar issues. Finally, Part 5 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).