A new 76-page report prepared by DS Director Scott Leckie with the collaboration of Jose Arraiza of NRC, with the support of the Joint Peace Fund, outlines the components of what an eventual agreement in Myanmar on housing, land and property restitution could look like. The report, entitled BUILDING AGREEMENT ON RESTITUTION RIGHTS WITH THE MYANMAR PEACE PROCESS AND NATIONAL LEGAL FRAMEWORK examines all of the necessary components that would need to find recognition within an eventual national agreement designed to ensure that everyone with a viable HLP restitution claim could submit these to an independent judicial body with enforcement powers strong enough to ensure the full enjoyment of restitution rights throughout all corners of the country. Millions of people with legitimate restitution claims have yet to be able to have these claims heard by judicial bodies with the power to enforce these claims to return to, recover and/or re-inhabit the homes and lands from which they have been forced to flee over the past several decades. The report points out that HLP restitution rights are widely recognised in international law, and that many other countries have adopted restitution laws and procedures as key elements within peace processes and the…...

A three-person DS team has just completed a research mission to Nepal to examine the legal and policy responses to the 2015 earthquakes that struck the country, causing thousands of deaths and injuries, as well as massive destruction and damage to almost one million homes. DS worked closely with the DFID-supported Durable Solutions Project (http://www.durablesolutionsnepal.org) coordinated by the Czech NGO People in Need to explore what was done right in response to the quakes, and what might be improved in the future. A detailed report and recommendations will be issued in early 2019, and a film produced by Jon Staley of Youthworx Media outlining the key HLP issues arising in the context of the reconstruction will also be released at the same time. Check back in January for the report and latest DS film. ...

Climate Change and Displacement (LAW5454) - Will be Offered 2-6 March 2020 at Monash Law School Human rights and access to justice, will be increasingly affected by the consequences of climate change. This will manifest in a multitude of ways, with the issue of climate displacement providing perhaps the most graphic example in this regard. The scale of climate displacement is likely to dwarf current levels of displacement throughout the world caused by conflict, disaster and poorly planned development projects. While estimates of the scale of future climate displacement are notoriously difficult to prove with any precision, it is certain that tens, if not hundreds, of millions of people will be forced by the consequences of climate change to flee their homes and lands, and in some instances, their countries. International and national laws and institutions are arguably not yet capable of ensuring that the rights of climate displaced persons will be fully respected. Offered in March 2020, Climate Change and Displacement (LAW5454)will provide a state of the art, up to date overview of the links between human rights and climate change, the phenomena of climate displacement, an understanding of the dynamics of climate displacement, the countries which are now and in…...

A new report on Promoting Affordable Housing in Yangon, Myanmar published by the Asian Development Bank has, among other recommendations, urged the government of Myanmar to consider establishing a National Climate Land Bank to proactively address the looming climate displacement crisis in the country. The report notes that "Myanmar’s housing sector is struggling to cope with rapid urbanization, internal migration, and new demand from recent economic growth. These challenges are most apparent in the Yangon Region, where estimates suggest there will be a housing shortage of 1.3 million units by 2030. This publication assesses the current housing market situation in Yangon. It identifies reform options and offers practical recommendations to support the Yangon Region Government’s implementation of its affordable housing agenda and related policies." With a specific recommendation to establish a climate land bank, the report continues "The central importance of land for security, stability, and economic development is already well-recognized by the present government and by all organs of civil society, which have commenced identifying state land resources for eventual distribution to landless rural poor households as part of broader land reform efforts. In this context, the establishment of the MNCLB would be a further element of broader land…...