Myanmar at the HLP Crossroads: - Displacement Solutions

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Executive SummaryFew issues are as frequently discussed and politically charged in transitional Myanmar as thestate of housing, land and property (HLP) rights. The effectiveness of the laws and policiesthat address the fundamental and universal human need for a place to live, to raise a family,and to earn a living, is one of the primary criterion by which most people determine the qualityof their lives and judge the effectiveness and legitimacy of their Governments. Housing, landand property issues undergird economic relations, and have critical implications for the abilityto vote and otherwise exercise political power, for food security and for the ability to accesseducation and health care.As the nation struggles to build greater democracy and seeks growing engagement withthe outside world, Myanmar finds itself at an extraordinary juncture; in fact, it finds itself atthe HLP Crossroads. The decisions the Government makes about HLP matters during theremainder of 2012 and beyond, in particular the highly controversial issue of potentially transformingState land into privately held assets, will set in place a policy direction that will have amarked impact on the future development of the country and the day-to-day circumstances inwhich people live. Getting it right will fundamentally and positively transform the nation fromthe bottom-up and help to create a nation that consciously protects the rights of all and showsthe true potential of what was until very recently one of the world’s most isolated nations.Getting it wrong, conversely, will delay progress, and more likely than not drag the nation’seconomy and levels of human rights protections downwards for decades to come.Myanmar faces an unprecedented scale of structural landlessness in rural areas, increasingdisplacement threats to farmers as a result of growing investment interest by both nationaland international firms, expanding speculation in land and real estate, and grossly inadequatehousing conditions facing significant sections of both the urban and rural population.Legal and other protections afforded by the current legal framework, the new FarmlandLaw and other newly enacted legislation are wholly inadequate. These conditions are furthercompounded by a range of additional HLP challenges linked both to the various peace negotiationsand armed insurgencies in the east of the country, in particular Kachin State, and theunrest in Rakhine State in the western region. The Government and people of Myanmar arethus struggling with a series of HLP challenges that require immediate, high-level and creativeattention in a rights-based and consistent manner.As the country begins what will be a long and arduous journey toward democratization, the rule oflaw and stable new institutions, laws and procedures, the time is ripe for the Government to worktogether with all stakeholders active within the HLP sector to develop a unique Myanmarcentricapproach to addressing HLP challenges that shows the country’s true potential. Andit is also time for the Government to begin to take comprehensive measures – some quickand short-term, others more gradual and long-term – to equitably and intelligently address theconsiderable HLP challenges the country faces, and grounding these firmlywithin the reform process.“Rule of law is a must for our administrative mechanisms,businesses, social welfare, political processes, internationalrelations and judicial system. If rule of law prevails in oursociety, human rights, liberty and democracy would flourishautomatically. Consolidation of every step of nationalbuilding endeavors depends on the rule of law. So, we all areto serve that duty in unison and in concert.”--President Thein Sein, 1 March 2012
Having thoroughly examined the de facto and de jure HLP situation in the country basedon numerous interviews, reports and visits, combined with an exhaustive review of the entireHLP legislative framework in place in the country, this report recommends that the followingfour general measures be commenced by the Government of Myanmar before the end of2012 to improve the HLP prospects of Myanmar:• Recommendation 1: Convene, in the immediate term, a National HLP Summit tolaunch a public discussion and deepen understanding by Government and key stakeholdersof the numerous and complex rural and urban housing, land and property challengesfacing Myanmar today and how to best address them.• Recommendation 2: Initiate a transparent, and consultative public process leadingto a comprehensive New National Housing, Land and Property Law, using this processas a model for an inclusive democratic approach to lawmaking.• Recommendation 3: Actively address land grabbing, speculation and displacementwith a range of new policies and legislation, including a moratorium on arbitrary forceddisplacement, expanding capital investment opportunities, imposing a land value tax andencouraging positive actions by investors and businesses.• Recommendation 4: Facilitate capacity building for Parliamentarians, goverment agencies,political parties and civil society actors on protecting and implementing HLP rights,applying international best practices and ensuring compliance with recognized internationalHLP standards.Detailed descriptions of the precise measures under each recommendation can be foundbelow in section 5 of the report.A concerted and ambitious joint effort by the Government and civil society to implementthese recommendations will ultimately have a marked impact on the enjoyment of HLP rightsby everyone throughout the country. This effort will create the foundations within society thatwill propel the country into a secure, stable, peaceful and prosperous future for all.“Over the past year there have been signs that the endeavoursof those who believe in democracy and human rights arebeginning to bear fruit in Burma. There have been changesin a positive direction; steps towards democratization havebeen taken... The potential of our country is enormous. Thisshould be nurtured and developed to create not just a moreprosperous but also a more harmonious, democratic societywhere our people can live in peace, security and freedom.”--Aung San Suu Kyi, Nobel Lecture, 16 June 2012
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Myanmar at the HLP Crossroads: - Displacement Solutions

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