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 context of post-conflict peace-building. The practically-oriented report contains a full draft of a National Restitution Agreement which could serve as a model for peace negotiators and government officials as they continue to search for ways to secure a sustainable peace and strengthened democracy throughout the country as a whole. The full report is available here: Building Agreement on Restitution Rights in Myanmar (March 2019).
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In a world where every culture, every legal system, every religion, every set of moral principles views stealing as wrong, a crime and something for which people should be punished, there is a lot of stealing taking place. Very often it is not just small possessions or money that is stolen, but people's homes, lands and properties, the very cornerstones of their lives and livelihoods. However, in terms of remedies or restitution for stolen housing, land and property (HLP), the de facto reality in most of the world is not all that different to cases involving the murder of another human being whereby if one murders one other person they will likely go to prison for life no matter where the crime took place. If they happen to murder 10,000, 25,000 or even 100,000 people in a war or through the practices associated with dictators desperate to maintain power, however, they will be far more likely than not to live out their days in control over their population or in the unlikely event their reign comes to an end or they are otherwise overthrown, they will spend the rest of their days in exile, protected as a former head of state…...
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Do We Need a New World Restitution Agency? Send Us Your Ideas
To everyone who is a parent and to those who are yet to become or may never become parents, what is one of the first things that parents seek to teach their young children? What life lesson does every parent notwithstanding their culture, religion, level of wealth or any other distinction, seek to impart to every child as a cornerstone of being a good person, doing the right thing, living as a kind human being? Of course, that first life lesson all across the globe is simply to do no harm, do not kill or hurt another human being. And close behind that basic part of what it means to be human is this: Do not steal. Do not take what is not yours to take. But in a world where in every culture, every legal system, every religion, every set of moral principles, everywhere stealing is seen as wrong, a crime and something for which people should be punished, there sure is a lot of stealing going on. And very much as is the case with the murder of another human being if you murder one other person you will likely go to prison for life no matter where…...