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).
Ten Years of DS Efforts on Housing, Land and Property Rights in Myanmar - An Overview
Land Grabbing as an Internationally Wrongful Act - NEW DS Report on Ending Land Grabbing in Myanmar
Landmark Report Launch: Bridging the HLP Gap in Myanmar
DS Turns 10!
Over the past decade, Displacement Solutions has undertaken extensive research aimed at shedding light on the numerous housing, land and property (HLP) rights issues facing the people of Myanmar. Through these efforts DS aims to build the capacity of the people of Myanmar to exercise and enforce their HLP rights. To this end, DS provides practical guidance to citizens and their governments through the development of institutional and policy frameworks, guiding principles and practical steps which seek to reduce, eliminate and redress HLP rights abuses. A new report documents eleven books and reports published by DS on these themes with the intent of informing and aiding the Myanmar government, key ethnic actors, humanitarian organisations and citizens on the importance of HLP rights within Myanmar. The documents outlined here are just a portion of DS' research efforts concerning the country. Many of our other papers and reports on more sensitive themes have intentionally been kept internal by the organisations and institutions for whom they were prepared. These publications cover topics spanning national policy development on land grabbing and speculation, recommendations for the development of a comprehensive HLP rights framework within Myanmar, the manner in which HLP rights can be addressed during…...
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…...
Displacement Solutions has presented Scott Leckie's latest report Bridging the Housing Land and Property Gap at the Sedona Hotel, Yangon, Myanmar.
DS Turns 10! 28 December 2016 DS marks its tenth anniversary after its founding in Geneva on the same day in 2006. DS Director and Founder Scott Leckie reflects on the activities and victories of the past ten years, and what to expect from DS in the years to come. Dear Friends, It's hard to believe that DS has now been active for ten busy and eventful years involving an extraordinary team of dedicated HLP experts from around the world. From developing the Peninsula Principles, spearheading efforts to obtain land for climate displaced people, IDP return designs in Timor Leste, Somalia, Colombia, Bhutan and many more, carrying on-site investigations in Tuvalu, Solomon Islands, Panama, Kiribati, Bangladesh and many other climate change hotspots, to HLP rights analysis and restitution design work in Myanmar, the publication of several books, inaugurating the world’s first law school courses on climate displacement, and scores of DS reports, producing films, building homes for climate displaced families in Chittagong, and so much more, this dramatic decade has been an exhilarating one. On this tenth anniversary of DS, I would like to thank all of our supporters for making this journey so productive and even sometimes victorious. Special…...