http://issuu.com/displacementsolutions/docs/ds-nrc_pinheiro_principles_in_engli?e=31296948/53928323...

Displacement Solutions and the Norwegian Refugee Council have called for dialogue on the establishment of a new nationwide restitution programme that would return homes, land and properties to their rightful owners and its inclusion in the peace process. The new report Restitution in Myanmar: Building Lasting Peace, National Reconciliation and Economic Prosperity Through a Comprehensive Housing, Land and Property Restitution Programme explores both the progress made towards ending practices of land grabbing and forced displacement, as well as pointing out the still considerable gaps between law and policy in the country and international law and best practices. Based on the extensive global restitution experiences of both organisations, the report takes the view that redressing housing, land and property abuses and creating pathways by which those affected can access legal remedies for these losses. Though some important strides have been made to address some manifestations of land grabbing by the NLD-led government, millions of people throughout the country and overseas, including refugees and IDPs, have not yet been able to formally reclaim their homes. The report argues that restitution must form a central component of the peace process and find a prominent place within any eventual peace agreements. The report continues…...

From 13-15 March 2019, DS and our partners at NRC led and conducted two training workshops entitled ‘Understanding Restitution’ in Myanmar. The first, led by DS, was review of DS materials developed addressing HLP rights in Myanmar, and orientation for NRC ICLA staff from its field offices. The second, a more in-depth and strategic 2 day-workshop for key partners; namely the Karen National Union and Karen Development Committee as well as other NRC staff. It focused on the key elements required for building knowledge, and planning and developing institutional capacity to address restitution of housing land and property for individuals and families that have been forcibly displaced throughout Myanmar. Attended by 40 senior representatives of all three organizations, the workshop prepared the participants with a basic understanding of the mechanisms for restitution, and the building blocks for a future when restitution can assist internally displaced families and provide some form of closure for refugees to enjoy their full rights to housing, land and property 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…...