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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Land Grabbing as an Internationally Wrongful Act - NEW DS Report on Ending Land Grabbing in Myanmar
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…...
Commemorating 10 Years of Action - the 2016 DS Annual Report
Ten Years of Action It is hard to believe that DS has now been active for ten busy and eventful years. This has been quite a ride for our (intentionally) small and flexible organisation, and one involving an wonderful team of dedicated HLP experts from around the world working in a range of displacement hotspots. From developing the Peninsula Principles, to spearheading global efforts to obtain land for climate displaced people, developing IDP return designs in Timor Leste, Somalia, Colombia, Bhutan and many more, carrying on-site investigations in Tuvalu, Solomon Islands, Panama, Kiribati, Bangladesh and other climate change-affected areas, to conducting HLP rights analysis and restitution design work in Myanmar, advising the UN on HLP issues in Syria, publishing several books, inaugurating the world’s first law school courses on climate displacement, and writing DS reports, producing films, building homes for climate displaced families in Chittagong, and so much more, this first DS decade has been an exhilarating one. Since our founding on 28 December 2006, DS has worked in some 35 countries to assist in finding rights-based solutions to forced displacement in all of its forms. Besides our legal experts, we have had the honour of working with villagers, community…...
DS Director Scott Leckie to again teach his Climate Change and Displacement Course in 2020 at Monash Law School
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…...
DS Launches Pioneering Report: "Land Rights and Mine Action in Myanmar"
Vast areas of land in Myanmar are currently contaminated by landmines and other explosive remnants of war (ERW) as a legacy of decades of armed conflict between the national government and a wide range of ethnic armed groups. However, the political climate in Myanmar has been rapidly changing, peace talks have been progressing, and plans are being developed to commence demining of contaminated lands. Programme and policy formulation by mine action related organisations in Myanmar is currently underway, and landmine and ERW survey and clearance operations are expected to commence in the near future. In addition, the Myanmar Mine Action Center (MMAC) is about to be established under the Myanmar Peace Centre (MPC) and, once it has been activated, will be expected to play the key governmental role in mine action efforts. Mine action is a vital component of broader strategies to secure sustainable peace in countries emerging from conflict and instability. At the same time, mine action is inextricably linked to broader land rights questions because demining frees land that was previously unusable and/or difficult and dangerous to access. If managed poorly or if carried out purely on a technical basis without taking land rights questions into account, de-mining…...
