Myanmar at the HLP Crossroads: - Displacement Solutions

29Myanmar at the HLP CrossroadsPhoto byAndrew Scherer/ DisplacementSolutionsdures for objections to acquisition, the method of valuation of land, the process for taking possession of land, courtprocesses and appeals, procedures for the temporary occupation of land and the acquisition of land for corporations.The Act requires the authorities to provide compensation to the original owners of the land, however, in practice,compensation often falls far short of basic minimum standards on just and satisfactory compensation. Much ofthe forced displacement and land confiscation that has taken place since 1962 has been justified on the basis of theLand Acquisition Act. The earlier Land Acquisition (Mines) Act (1895), applies to cases in which minerals ormines are situated under land which is desired to be acquired under the Land Acquisition Act.The Towns Act (1907) provides for the administrative governance of towns, for example, the division of towns intowards and blocks and the election, duties and powers of ward headmen and elders of a block – including the obligationon residents to announce the arrival and departure of non-residents to a town. The Towns Act is complementedby the Village Act (1908) which addresses many of the same governance concerns for villages. The Actprovides for rules and procedures relating to the administrative structure of villages, including the duties and powersof village committees, village headmen, rural policemen, sub-divisional and township officers as well as the duties ofvillagers. The Village Act also contains an express obligation on villagers to announce the arrival and departure ofnon-residents, including a requirement to seek permission from the village committee for a non-resident to take upresidence in a village, to construct a hut, house or enclosure. Permission is also required from the Deputy Commissionerprior to establishing a new village or group of houses. The Act provides an exception for cultivators or fishermento construct dwellings where their vocation is carried out. The Act empowers the Deputy Commissioner tosell and remove property illegally built on State land. These two laws are currently in the process of being amended.The Embankment Act (1909) regulates the law relating to embankments. The Act requires the maintenance of alist of able-bodied persons for employment on embankments (where work needs to be quickly executed to protectloss of life or property). Every owner or occupier of immovable property in the vicinity of an embankment is requiredto assist in the work by labouring themselves, or providing a labourer as a substitute. The Act authorises an embankmentofficer (or authorised person) to enter into any immovable property in the vicinity of an embankment and takepossession of, appropriate or remove and use any relevant materials for the purpose of such work (for example,timber, bamboo, mats, boats, carts and oxen). The Code of Civil Procedure (1909) provides for the jurisdiction ofthe Courts in civil matters, for example, property liable to attachment and sale in execution of a decree. The RegistrationAct (1909) governs the rules, regulations and procedures relevant to the registration of instruments ofimmovable property (for example, gifts and leases). The Act also provides for the registration of dwellings as well