Why is Women’s Access to Land So Complex in Myanmar?

Women's land ownership and access rights in Myanmar continue to be a complex and difficult issue due to laws, social customs, war, and economic conditions, according to a review published on June 23 by the Netherlands-based Transnational Institute (TNI). The report, titled “Why is Women’s Access to Land So Complex in Myanmar? ”, analyzes that women in Myanmar face various obstacles in accessing land ownership, usage rights, and benefits from land. According to cases cited in the report, it was found that women are losing land-related rights because their names are not included in official land registration documents, even though they participate equally with men in agricultural work. The report states that difficulties for women increase when family situations change due to the death of a husband, divorce, or war. TNI's analysis indicates that while the 2012 Farmland Law and the Vacant, Fallow and Virgin Lands Management Law in Myanmar have legalized land ownership, customary land management systems in ethnic regions and women's rights have not been adequately considered. The report cites the 2017 Myanmar Poverty and Living Conditions Survey, which found that only 14.2 percent of women engaged in agriculture hold official land documents, compared to 32.1 percent of men. Furthermore, it is stated that many women in rural areas are unable to participate in land registration processes due to a lack of knowledge about land rights, literacy challenges, and difficulties in understanding administrative procedures. The report points out that land should not be seen merely as an economically valuable asset, but as a system connected to food, water, firewood, medicinal plants, culture, and the survival of the community. It is stated that women, in particular, play a key role in finding food, caring for families, and conserving natural resources. At the same time, the report notes that while customary land management systems practiced in ethnic regions can protect women in some cases, patriarchal customs still persist in others. However, efforts to better protect women's land rights are seen in the land policies of Karen, Mon, and Karenni organizations. TNI recommends that discussions on women's land rights should include not only land ownership but also the ability to benefit from land, decision-making power, and participation in the community. In addition, TNI urges that land policies should be based on the practical life experiences of rural women workers, internally displaced persons, migrant workers, and those living within customary land systems.