In Myanmar, UNDP expanded its legal empowerment programme (already operational across all 17 townships in Rakhine) prioritizing housing, land and property (HLP) rights into eight townships. After the military takeover, the urgent need to support civil society and address new and systemic challenges to the promotion and protection of human rights had intensified. UNDP implemented activities through local partner organizations, taking a low-profile approach.
Myanmar has had a long history of land conflicts, and the situation was exacerbated by the military takeover in 2021. Many people were forced to flee their homes and land, having lost access to adequate housing or basic services. In addition, land management committees that used to handle land-related issues suspended their activities.
Lack of freedom of movement, shrinking civic space and safety risks for members of civil society organizations (CSOs) not registered in line with the new laws promulgated by the de facto authorities were among the impediments to the effective implementation of the project. While some of the activities were delayed or postponed, UNDP’s Rakhine-based partner and other CSOs managed to overcome most of the challenges, including by organizing small-scale awareness sessions, coordinating with other local CSOs and paralegals, and avoiding visibility.
In Rakhine, UNDP’s partner organization provided mobile legal consultations to 571 people (including 227 women), almost half of whom were individuals from the Rohingyas and minority Chin ethnic groups living in remote areas. In addition, over 550 individuals (including 203 women) were sensitized about HLP rights, land laws and procedures. Most of them were Rohingyas. This was the first time that UNDP’s partner could access the Rohingyas (Muslim communities) and naturalized citizens increasing their awareness on land entitlements and supporting them in further actions to retrieve their land rights.
Innovation
UNDP has been experimenting with various methods to provide legal information and services to remote communities in Rakhine, and is one of the few organizations catering to the justice needs of the hill tribes. Building on the experience gained during the COVID-19 pandemic, UNDP and its partners utilized information and communication technologies (ICTs) to increase awareness about land laws and rights and to improve access to legal aid services through social media and messaging mobile applications. A 24-hour hotline was made available for consultation and referral services whenever necessary. Those with mobility challenges were also able to get legal advice via the hotline. Finally, the partner organizations designed land-related quizzes to raise community awareness.
Based on the data analysis and activity reports, a language barrier was identified as one of the obstacles during the awareness-raising sessions for the Rohingya/Kaman Muslim communities. Interpreters will be engaged for the upcoming outreach activities in these areas.
Women face additional challenges in accessing and securing their rights to land and property. Social and cultural constraints, low literacy rates and lack of access to information are among the reasons. A study conducted by UNDP’s partner organization found that only 22 percent of land plots in Myanmar were registered under women's names. To address this issue, UNDP’s partner organizations prioritized targeting women and youth in their awareness-raising sessions and training programmes conducted in Rakhine camps for internally displaced persons (IDPs) and in host communities.
As a result of UNDP's persistent efforts to empower women seeking land registration, the partner organization has facilitated the submission of application forms for registering of 12 land cases for Muslim and naturalized communities, with half of these cases registered under women's names.
To expand the network of paralegals delivering awareness-raising sessions and providing legal advice in remote areas, UNDP organized a training course for 65 paralegals (including 41 women). The participants improved their knowledge on types of land, composition of land management committees, complaint mechanisms, application processes for land use certificates, duties and responsibilities of certificate holders. The high number of women participants indicated that prioritizing women in awareness-raising activities had been beneficial.
To promote access to HLP information and rights in the Rakhine region, UNDP works closely with the UN High Commissioner for Refugees (UNCHR), under the joint triple nexus project. A community of practice on HLP due diligence was held jointly for all partners working in Rakhine, and an awareness-raising session on HLP was conducted with UNHCR assistance for the community members from Kyauktalone camp. An integrated joint needs assessment will be piloted in Pauktaw township to assess, inter alia, how people seek justice, what types of challenges they face and which remedies are available to compensate for their losses.
In addition, UNDP coordinates with UNICEF which is implementing a juvenile justice programme through the same partners, and works closely with the UN Population Fund (UNFPA) with a view to expanding collaboration around digital tools and their potential use for legal awareness and human rights promotion.