DS Director Scott Leckie and DS associate Zeke Simperingham again visited Myanmar for a two-week DS mission in May 2016 to explore recent developments in the land sector, and the prospects for restitution forming part of the expanding peace process in the country. With the new NLD-led government in power for the first time, the prospects for positive action within the land sector are noteworthy. DS worked together with the Overseas Development Institute (ODI) in developing recommendations for the British Government’s aid agency DFID, and how the UK might best support land-related activities in the context of the peace process. Land is key negotiating issue between the government and the various ethnic negotiating partners, and will invariably form a key basis for the eventual conclusion of peace agreements in the future. DS will continue to expand its Myanmar HLP Initiative in the coming year with a variety of projects within the land sector, including a joint project with Landesa on climate displacement within the country.
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Introductory Guide to Restitution in Myanmar - Karen version
DS Exploring HLP Restitution Prospects in Myanmar
DS & NRC Report - Restitution in Myanmar: Building Lasting Peace, National Reconciliation and Economic ProsperityThrough a Comprehensive Housing, Land and Property Restitution Programme
Land Grabbing as an Internationally Wrongful Act - NEW DS Report on Ending Land Grabbing in Myanmar
Introductory Guide to Restitution in Myanmar - Karen version
http://issuu.com/displacementsolutions/docs/ds-nrc_introductory_guide_in_karen?e=31296948/53928309...
DS Exploring HLP Restitution Prospects in Myanmar
DS carried out its latest mission to Myanmar in October with a focus this time on the question of housing, land and property restitution rights and how best to ensure these rights for everyone with an HLP loss and valid restitution claim in need of remedy. DS and the Norwegian Refugee Council will shortly be reducing a major new study on restitution, which it plans to publicly launch in Yangon in January 2017. A range of restitution measures are already in place in Myanmar, signalling a major concrete outcome of the political reform process. The new study proposes a series of specific recommendations on how to move to the next level of the quest of restitution for all. These efforts build on DS' extensive global experience on designing restitution laws and systems throughout the history of the organisation. ...
DS & NRC Report - Restitution in Myanmar: Building Lasting Peace, National Reconciliation and Economic ProsperityThrough a Comprehensive Housing, Land and Property Restitution Programme
http://issuu.com/displacementsolutions/docs/dis5244_ds-nrc_restitution_in_engli?e=31296948/54230902 http://issuu.com/displacementsolutions/docs/dis5244_ds-nrc_restitution_in_engli?e=31296948/54230902...
Land Grabbing as an Internationally Wrongful Act - NEW DS Report on Ending Land Grabbing in Myanmar
DS has just published a major 184-page legal report on the land grabbing in Myanmar and how these processes constitute internationally wrongful acts. The report includes a 21-step legal roadmap to end land grabbing once and for in Myanmar, a nation that is one of the worst in the world in Although the general power of States to compulsorily acquire, expropriate or otherwise confiscate or 'grab' land, homes and properties is legislatively recognised in virtually all national legal systems, to be lawful these processes generally carry with them five fundamental pre-conditions. Namely, when housing, land or property rights are revoked or limited through these processes, this can only be carried out when the taking concerned is: 1) subject to law and due process; 2) subject to the general principles of international law; 3) in the interest of society and not for the benefit of another private party; 4) proportionate, reasonable and subject to a fair balance test between the cost and the aim sought; and 5) subject to the provision of just and satisfactory compensation. In all countries, the act of compulsorily acquiring land is highly regulated and something which rights-respecting governments are often reluctant…...
