This document summarizes the findings of a study documenting customary land tenure practices in Sar Pauk Village, Myanmar. The study involved conducting focus groups and interviews with villagers over multiple trips to understand how they govern and allocate land and natural resources. Key findings include that villagers have equal access to rotational farming lands and forests, land is managed communally and not for commercialization, and they employ sustainable land and resource practices. However, challenges exist such as lack of legal recognition of their customary tenure system and threats from illegal logging and potential land acquisitions.

1. Customary Land Tenure
Documentation
(Regional Land Forum
21-23 June 2016, Hanoi Vietnam)
By Ling Houng

2. Background of the documentation
• millions of farmers, especially in the uplands, are
managing their land and natural resources under
customary arrangements
• No legal recognition by law but integrated in NLUP
• This exercise was conducted as part of the Learning &
Advocacy activity developed in Myanmar by 6 advocacy
groups
• In 2015, six CSO organizations in Myanmar were trained
in Participatory action Research
• Started to develop a method for local organisations to be
able to document customary tenure
• It is about the governance of land and NR under
custnmary tenure, the rules used by villages, the way
they manage collective resources.

3. Backgroud of the village
Sar Pauk Village
• The village has founded since 400 years ago
• The villagers belongs to Asho Chin ethnic
minority
• 60 households

4. Method of documentation
1st Trip ( 23 to 25 May) 2nd Trip ( 12 to 14 September) 3rd Trip ( 11 to 13 January)
Focus Group Discussion with
community members
11 persons (6 male 4 female) 11 persons ( 9 male and 2
female)
Focus Group Discussion (Women
Group)
8 persons
Focus Group discussion (Youth
Group)
9 persons
Focus Group Discussion (Elders
Group)
7 persons
In-depth Interview 2 persons
Total 11 persons 35 persons 2 persons

6. Types of land Use
• Rotational farming
• communal land(rotational farming )
• Orchard land
• Watershed areas
• Forest (used forest), reserved forest

8. Land Tenure / Access to the land
• Dama U Cha Principle (the first cultivator
become the owner of certain land)
• Clans: 9 clans/ the right to inherent
• Individual/ private claim but manage in
communal manner
• Immigrants/ Asho Chin people nearby the village
• Outsiders/ not sell to outsiders

9. Land Allocation/ Sharing
• Rotational Farming/ Sweden agriculture/ SC
• Allocate farm plots in the Village meeting ( Oct/Nov)
• Every family has the right to access the Plot for
cultivation
• Not lottery system/ but allocate the land based on
household size and size of certain plot
• For instance, big family- 2 hector, small family- 1
hector
• Immigrants has the right to access the land for
rotational farming

10. Forest
• All villagers has the right to access the forest
• Timber/ bamboo for buildings
• Collect NTFP/ vegetables
• immigrants has equal right to forest
• But not outsiders/ other villages nearby the village
• If other villages come and ask permission to the
village,
• Villagers decide and get donation (village fund)
• It is used for the village activities such as building
schools and other common activities

11. Ecological sound practices
• Watershed areas were conserved/ not allow to cut
trees
• the forest along mountain ranges were conserved/
which improve the regeneration of trees in the fallow
land
• Forest along the streams were conserved
• about 60 % of the total land is forest
• Timber is utilized for housing and domestic use, not
commercialized

12. Land Use and Crop Change

13. Introducing Orchard
• Began to access the road since 1993
• Plant long term fruit trees: Lime, Lemon, jack fruit,
orange, pine apple, banana etc
• Since 1993
• Access to market
• Private claim lands were transformed to Orchard
• Suitable land for orchard/ access to the road
• Immigrant have to buy for Orchard but small amount
of cash
• No right to sell to outsiders

14. Crop change in rotational
faming
• About 90 % of rotational faming for Paddy in the past
• But now paddy occupied about 60%
• Rain-fed Paddy is still dominant but
• Growing Corn/ not local seed, chili and pigeon pea are
increasing because of access to market

15. Key findings
• Equal access to land/ rotational farming
• Land is not for commercialization but for generations
• Land is for subsistence/ food security
• Land is secured because of internal rules such as
selling to outsiders is prohibited,
• Resources are utilized in sustainable manner without
exploitation
• They have ecological sound practices such as
watershed area conservation/

16. Challenges
• About half of the total land of the village is in reserved
forest
• No legal recognition of Customary Land Tenure by
Law/ rotational farming
• Illegal logging
• Land acquisition of companies nearby this area
• Such as Shwe Gas Pipeline (Myanmar-China),
national grid line (under-compensated and lost of
conserved customary conserved areas)

18. Thank You For Your
Attention!