No Man’s Land

Episode #547: Scott Leckie, an international human rights lawyer, and Jose Arraiza, a specialist in housing, land, and property rights and citizenship in conflict-affected settings, argue that land in Myanmar is not simply a resource but a central mechanism through which power is exercised, inequality is produced, and political authority is maintained. They emphasize that housing, land, and property (HLP) rights extend beyond formal ownership to include anyone whose ability to remain on land is vulnerable to arbitrary interference. The roots of Myanmar’s current land system can be traced to colonial policies that classified inhabited land as “wasteland,” which enabled appropriation. This framework was later adopted by the country’s military regimes; as a result, this legacy persists in a system where land can be taken with minimal process and little recourse, allowing authorities to reallocate land and consolidate control. The effects of this system are most visible in the interaction between conflict and land governance. While large-scale displacement is primarily driven by armed conflict, the land system determines what happens afterward. Displaced people frequently lose practical control over their land, as it is reclassified or repurposed, often for commercial activities such as mining or agriculture. In this way, temporary displacement is transformed into longer-term dispossession. The same system also shapes economic outcomes, directing the benefits of land use toward elites and those with political connections rather than affected communities. These practices diverge from international legal standards, which require safeguards such as compensation and access to remedies. The situation is further complicated by citizenship and documentation issues, which weaken individuals’ ability to assert claims, particularly for marginalized groups such as the Rohingya. Although reforms between 2011 and 2021 showed that alternative approaches were possible, the 2021 coup reversed these changes. Today, governance is fragmented between military authorities and ethnic resistance groups, with some efforts to develop alternative land systems. Civil society organizations continue to support affected populations but face reduced capacity due to declining international support. Despite these challenges, Leckie and Arraiza argue that any future transition must center land rights, restitution, and legal protection, and that meaningful change remains possible.