State’s land formalization, mixed land tenure and accumulation multi-ethnic naga self-administrative zone, Northern Sagaing, Myanmar

Abstract

This study explores the intricate dynamics of land governance in the Naga region, focusing on the Main Studied Village (MSV), against a backdrop of historical transitions and evolving state policies. The narrative examining the interplay between state-led initiatives and community responses. The presence of diverse ethnic groups, including the Naga and Kuki Chin communities, adds complexity to the land governance landscape, with a shifting emphasis on state-recognized property rights. It delves into community practices and housing land ownership post-state's land formalization, revealing the negotiation between customary and statutory institutions. It seeks to unravel the multifaceted dimensions of land ownership, legal pluralism, and evolving property rights preferences in a diverse, multi-ethnic setting. Drawing on Foucault's discourse theory, the chapter emphasizes the continuous struggle for dominance among various discourses within society. The subsequent sections explore the role of the Naga Literature and Culture Committee (NLCC) in fostering unity, economic shifts post-coup affecting upland rice cultivation, and the resolution of land disputes involving state institutions and customary practices. The intertwining of economic challenges, cultural practices, and evolving discourse in the context of land-related issues is investigated. Analyzing two cases, the study illustrates the blending of customary and statutory rules in post-coup land dispute resolution, challenging the dichotomy between these legal frameworks. The phenomenon of forum shopping is discussed, highlighting the complexity of conflict resolution influenced by individual affiliations and community practices. Addressing the research question on how the multi-ethnic and legal pluralism context has shaped land, labor, and class in MSV after land formalization, the study proposes that the interplay of private property within customary tenure and statutory law facilitates accumulation within the legal pluralism framework. This contributes to the emergence of distinct classes within multi-ethnic communities, exemplified by deliberate strategies observed among the elite in acquiring strategically located customary recognized private land. These parcels undergo transformation into permanent agricultural land before seeking official state recognition, showcasing a strategic utilization of both customary and state-recognized property rights for individual land accumulation.