http://issuu.com/displacementsolutions/docs/ds-nrc_pinheiro_principles_in_burme?e=31296948/53928232...

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…...

About 673,000 Myanmar living in refugee camps on the Thai border and internally displaced camps in Myanmar are unable to return to homes in part because of concerns over housing, land and property rights, said a DS report released last week.

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…...