12
ownership because they were established under royal, ancestral, waqf, or other arrangements that
pre-date present registration systems. Some possess only waqf records, utility documents, or other
evidence of longstanding religious use. Permit processes that require formal land maps and
recognised religious-land status can therefore exclude historic mosque properties from repair or
reconstruction.26
A construction professional described a Yangon mosque on land recorded as residential property that
could not obtain renovation permission because the site lacked religious-land status. The community
instead carried out painting and minor repairs on its own.27
Myanmar’s historical land rules include procedures for granting land for religious purposes. Rule 50
of the Lower Myanmar Town and Village Land Rules provides for revenue-free grants of unoccupied
government land for a religious edifice, while the Upper Burma Land Revenue Manual contains
procedures for grants of state waste land for religious purposes.28
Following anti-Muslim violence in Htan Gone Village in 2013, a committee applied for religiousland status for 37 mosques in Sagaing Region. The applications obtained approval through the
regional level but were rejected at Union level in Naypyidaw. More than five years of efforts resulted
in none of the 37 mosques obtaining religious-land status.
Obtaining required land documents could involve multiple approvals without guaranteeing
permission to proceed. A lawyer said an applicant seeking a Form 105 land map might need
recommendations from neighbouring households, an Islamic religious organisation, the Township
Administrator, and an engineer. “Even after all these recommendations have been obtained, however,
it does not necessarily mean that permission to proceed will be granted,” he told BHRN. He also
described a 2022 case in which Minhla Sunni Jamae Mosque sought a land map for renovation after
the Land Records Department refused to issue it. The mosque unsuccessfully sought an order from
the Supreme Court requiring the department to provide the map. BHRN did not obtain the judgment
or case file and could not independently verify the case.29
26 BHRN Interview 11, Myanmar, 16 May 2025.
27 BHRN Interview 10, Myanmar, 13 May 2025.
28 Rules under the Lower Myanmar Town and Village Lands Act, 1898, Town and Village Land Rules, rule 50. Upper Burma Land
Revenue Manual, 1939, directions concerning revenue-free grants for religious edifices, including Direction 32.
29 BHRN Interview 11, Myanmar, 16 May 2025.
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