Myanmar at the HLP Crossroads: - Displacement Solutions

Myanmar at the HLP Crossroads 2BOX 1:What Are HLP Rights?There is a very considerable body ofinternational human rights laws andstandards that can and should beused by the Government of Myanmarto build the legal, policy and institutionalframeworks required to provideconditions in society conducive to thefull enjoyment of housing, land andproperty (HLP) rights by all withinthe shortest possible time-frame.Source documents for these rightsinclude the Universal Declaration onHuman Rights (1948), the InternationalCovenant on Civil and PoliticalRights (1966), the International Covenanton Economic, Social and CulturalRights (1966), the Convention on theElimination of Racial Discrimination(1965), the Convention on the Rightsof the Child (1989) and a range ofother treaties, together with a vastarray of equally important instrumentsand interpretive standards such as theUN Committee on Economic, Socialand Cultural Rights General CommentNo. 4 on the Right to AdequateHousing (1991), General CommentNo. 7 on Forced Evictions (1997),the UN Guiding Principles on theRights of Internally Displaced Persons(1998), the UN ‘Pinheiro’ Principleson Housing and Property Restitutionfor Refugees and Displaced Persons(2005) and many others.Human rights law provides thateveryone, everywhere possesses abody of distinct HLP rights and everyGovernment in every State is obligedto ensure the protection and enforcementof these rights. When combiningtogether all of the entitlements andobligations inherent within this bundleof HLP rights, people everywhereare meant to be able to live safelyand securely on a piece of land, toreside within an adequate and affordablehome with access to all basicservices and to feel safe in the knowledgethat these attributes of a full lifewill be fully respected, protected andfulfilled. If it can be shown that lostaccess to, use of, or ownership overhousing, land or property incurred bypeople constitutes either direct orindirect violation of their HLP rights,then appropriate forms of reparationand restitution must be accorded.As with all other nations, people inMyanmar, in particular those who aresubject to forced displacement or wholive without adequate tenure security,are entitled under international humanrights law to enjoy a series of rightsthat together constitute housing, landand property rights.In essence, HLP law constitutes a composite of the following existing rightsfound within international human rights law:• The right to adequate housing and rights in housing• The right to security of tenure• The right not to be arbitrarily evicted• The right to land and rights in land• The right to property and the peaceful enjoyment of possessions• The right to privacy and respect for the home• The right to HLP restitution/compensation following forced displacement• The right to freedom of movement and to choose one’s residence• The right to political participation• The right to information• The right to be free from discrimination• The right to equality of treatment and access• The right to water• The right to energyIn their totality, these HLP rights should fully inform a wide cross section of legislative, policy and practical decisionsmade by Governments. The degree to which these rights and underlying human rights principles such as participation,accountability, non-discrimination and transparency are woven into the contours of domestic law and policy willgreatly affect how these decisions will be supported by individual rights-holders and to what extent they will actuallybe able to meet the underlying needs of the people affected. Governments must, therefore, adopt the policies, laws