Building Agreement on Restitution Rights within the Myanmar Peace Process and National Legal Framework: A Manual for Practitioners
Publisher: Displacement Solutions
Author(s): Scott Leckie
Date: 2019
Topics: Basic Services, Governance, Land
Countries: Myanmar
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.