A/HRC/19/67
53.
The Special Rapporteur continues to receive reports alleging violations of land and
housing rights, particularly with regard to the impact of infrastructure projects; natural
resource exploitation; land confiscation and land grabbing, including by the military; and
the granting of economic concessions for development, energy or infrastructure projects,
often without meaningful consultation of affected communities, any or adequate
compensation and adequate environmental assessments. Violations of land and housing
rights result in not only poverty, displacement and ruined livelihoods, but also the
destruction of cultures and traditional knowledge. Revenues from these projects should also
be recorded appropriately and be used to benefit the people of Myanmar for the realization
of their economic, social and cultural rights.
54.
While Myanmar is not party to the international human rights covenants, the right to
adequate housing is recognized in the Universal Declaration of Human Rights, the
Convention on the Elimination of All Forms of Discrimination against Women and the
Convention on the Rights of the Child.
55.
In this context, the Special Rapporteur reminds the Government of the right of
victims to restitution, a principle of restorative justice providing every refugee and
displaced person with the right to return to their former homes and lands, with repairs for
any damage or the rebuilding of destroyed property. He notes that restitution rights are not
limited to people with land titles, but also extend to renters and other legal occupiers of
land. If return to the old home or land is not possible, displaced persons have a right to
compensation for their loss and/or a new house and/or land. The Government should adopt
relevant rules and policies in this regard, and ensure an independent and impartial process.
56.
There have been a number of protests against various energy and infrastructure
projects in recent months, as well as protests against land confiscation. Tensions that led to
the current armed conflict in Kachin State appear to have been exacerbated by the
Government’s approval of the construction of several major hydroelectric projects on
Kachin lands. Protests and campaigns against the Myitsone dam project, which had long
raised a number of human rights, environmental and other concerns, resulted in the
President’s decision, in September 2011, to suspend construction in that it was contrary to
the “will of the people”. In October 2011, farmers staged a protest in Yangon against the
confiscation of their land; similar protests were also reported in other parts of the country.
Protests were also held against the construction of a coal power plant in Dawei (part of a
larger development project that includes a deep-sea port and industrial estates), which was
suspended in January 2012.
57.
Given the wave of privatizations in 2011 and the expected increase in foreign
investment, together with the new Government’s plans to accelerate economic
development, the Special Rapporteur fears an increase in land confiscations, developmentinduced displacement and other violations of economic, social and cultural rights. The
private companies involved also have a responsibility not to be complicit in human rights
abuses. In this regard, the Special Rapporteur notes the absence of a legislative framework
regulating the prevention, protection against and reparation of the adverse impact of
activities by private and State-owned companies, mainly in the extractive and large-scale
energy-related sectors. Such a framework should be established as a matter of priority, in
accordance with international standards on corporate social and environmental
responsibility.
E.
Civil society
58.
During his recent missions, the Special Rapporteur met with representatives of civil
society organizations and discussed a range of human rights issues. Such organizations
have played an active role in the promotion and protection of human rights, as well as in
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