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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Customary Land Dispute Mechanisms in Myanmar - New Report by DS & NRC
This report provides an in-depth understanding of customary land dispute resolution in Kayin State, Eastern Bago Region and Shan State and its interaction with the formal statutory Government of the Republic of the Union of Myanmar(GORUM) system. A participatory community-based research approach was used to understand customary practices concerning land, including how land title is defined, enforced and how land disputes are contested, negotiated and resolved at the community level. Based on the perceptions of local people and village leaders in the three research sites, the report identifies current practices as well as prior work on this topic in Myanmar and seeks to identify ongoing dispute resolution mechanisms and practices used by communities in ethnic nationality areas with a view to informing policy and programming on restitution. Key to this analysis is the question of what a genuine restitution process might look like in Myanmar and how customary practices might be integrated into it. Furthermore, if a genuine restitution process was established, what realistic capacity is there to integrate customary dispute mechanisms and authorities into it. Based on in-depth qualitative research in 31 villages across 3 regions/states, it offers an insight into understandings of customary mechanisms that people use to…...
Ten Years of DS Efforts on Housing, Land and Property Rights in Myanmar - An Overview
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…...
Landmark Report Launch: Bridging the HLP Gap in Myanmar
Displacement Solutions has presented Scott Leckie's latest report Bridging the Housing Land and Property Gap at the Sedona Hotel, Yangon, Myanmar.
Major New DS/NRC Report on Myanmar's Next Challenge: Making Restitution a Reality and a Part of the Peace Process
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…...
