Myanmar at the HLP Crossroads: - Displacement Solutions

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3Myanmar at the HLP CrossroadsBOX 1:What Are HLP Rights? (continued)and programmes required - to themaximum of their available resources- to continually and progressivelyexpand the enjoyment of these rightsand simultaneously ensure in policy,legal or other terms, that no deliberatelyretrogressive measures aretaken that lead to the decline in theenjoyment of these basic rights.Of all the HLP rights, the right toadequate housing has advanced thefarthest. In 1991, the UN Committeeon Economic, Social and CulturalRights adopted ‘General CommentNo. 4 on the Right to AdequateHousing’ which indicates that thefollowing seven components form thecore contents of the human right toadequate housing: (a) legal securityof tenure; (b) availability of services,materials, facilities and infrastructure;(c) location; (d) habitability; (e)affordability; (f) accessibility; and (g)cultural adequacy. General CommentNo. 4 also reiterates that the rightto adequate housing should not beinterpreted in a narrow or restrictivesense which equates it with theshelter provided by merely having aroof over one’s head or views shelterexclusively as a commodity, but thathousing rights should be seen asrights to live somewhere in security,peace and dignity. To achieve theserights, States need to respect theserights by ensuring that no measuresare taken which intentionallyerode their legal or practical status.Governments need to comprehensivelyreview relevant legislation,refrain from actively violating theserights by strictly regulating forcedevictions and ensure that the housing,land and property sectors are freefrom all forms of discrimination atany time. States must also assessnational HLP conditions, and accuratelycalculate, using statistical andother data and indicators, the truescale of non-enjoyment of theserights, and the precise measuresrequired for their remedy. Governmentsneed to protect the rights ofpeople by effectively preventing thedenial of their rights by third partiessuch as landlords, property developers,social service providers andothers capable of restricting theserights. To promote HLP rights,Governments should adopt targetedmeasures such as national HLP strategiesthat explicitly define the objectivesfor the development of the HLPsector, identify the resources availableto meet these goals, the mostcost-effective way of using them andhow the responsibilities and timeframefor their implementation willbe applied. Such strategies shouldreflect extensive genuine consultationwith, and participation by, all thoseaffected, including groups traditionallyexcluded from the enjoyment of HLPrights. Finally, the obligation to fulfilthese rights involves issues of publicexpenditure, the regulation of nationaleconomies and land markets, housingsubsidy programmes, monitoring rentlevels and other housing costs, theconstruction, financing and maintenanceof public housing, the provisionof basic social services, taxation,redistributive economic measuresand any other positive initiatives thatare likely to result in the continuallyexpanding enjoyment of HLP rights.Photo by Andrew Scherer /Displacement Solutions
Myanmar at the HLP Crossroads 4Many within the country may believe that the new political openness, the Government’s avowed aim of significantlyboosting GDP growth, much anticipated foreign investment, promulgation of new pro-business land laws(as occurred in March 2012) and gradual privatisation in Myanmar will resolve the country’s multifarious HLPchallenges in a fair and equitable manner consistent with the rights of the people concerned. However, history in arange of other countries that have undergone major political reforms shows unequivocally that such assumptionsare misguided. Indeed, rather than improve the HLP prospects of ordinary citizens, deep political reforms that arepremised exclusively on market-generated, largely non-transparent decision-making processes on HLP questions,without public participation or consultation, tend to result in even greater land inequality, larger-scale landgrabbing, more frequent and often violent forced evictions, increased housing poverty, worsening access to basicservices linked to housing, reduced tenure security and a vast array of additional HLP concerns that undermineboth the enjoyment of human rights as well as the broader economic prospects of the countries concerned. (2)It is clear, based on extensive research, interviews and field visits in Myanmar, that after eighteen months ofreform, many positive steps forward and a fundamental change in approaches to governance, the country isfacing major HLP challenges today. Without prompt and appropriate action, these challenges will inevitablyspark future crises within the HLP sector, which will threaten both the reform process and overall economic andsocial vitality. Growing foreign investment and a number of other changes have already begun to create conditionswithin the HLP sector that further threaten the HLP rights of ordinary citizens and HLP rights holders. Giventhe experience gained globally in addressing HLP issues within the context of political transition during the pasttwo decades, it is clear that even if political reforms in Myanmar continue apace, great care will need to be takenin attempting to deal with HLP themes. Given the unique history of the country, its massive economic and developmentpotential, the still largely unresolved peace processes in many ethnic areas, and the country’s widespreadpoverty and growing landlessness, many of Myanmar’s 60 million ordinary citizens stand a very considerablechance of suffering an even worse crisis within the HLP sector if measures are not taken in the short- tomedium-terms to build capacity within civil society and Government to address HLP challenges in the mostequitable manner possible.This report builds on a series of earlier efforts, including a 1245-page book prepared by Displacement Solutionsin 2009 that for the first-time compiled all of the 94 laws in place at the time in Myanmar which have a bearing onthe realisation of HLP rights. (3) The analysis that follows provides a brief overview of the most pressing HLP challengesfacing Myanmar at the moment, and examines the legislative framework for addressing these concernscombined with more thorough analysis of recent HLP legislative developments. The report concludes with aseries of concrete recommendations designed to assist the Government to improve the overall HLP legislativeand policy framework in a manner that provides protection and respect for the HLP rights of the entire populationof the country, while simultaneously providing a solid basis for economic development, as well as national andinternational investment.(2) See, for instance: Scott Leckie (ed) Conflict and Housing, Land and Property Rights – A Handbook on Issues, Frameworks and Solutions,(Cambridge University Press, 2011) and Scott Leckie (ed) Housing, Land and Property Rights and UN Peace Operations – A ComparativeSurvey and Proposals for Reform (Cambridge University Press, 2008).(3) Scott Leckie and Ezekiel Simperingham, Housing, Land and Property Rights in Burma: The Current Legal Framework (Displacement Solutions& HLP Institute, 2009). The preparation of this book was made possible thanks to a generous grant from the Swiss Federal Department ofForeign Affairs (FDFA).
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Myanmar at the HLP Crossroads: - Displacement Solutions

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