A/HRC/4/14 page 16 allows the State to confiscate land that is left fallow. The current legislation on land offers little protection to farmers. In addition, victims of land confiscations are not likely to lodge complaints because of fear of reprisals and lack of confidence in the judiciary. 63. The Special Rapporteur is not aware of any specific provisions of the draft Constitution which would provide for secure land and housing rights of citizens, protect the rights to fair and just compensation as a result of legal or illegal land or property expropriation, or guarantee traditional practices of ethnic minorities in relation to land and natural resource management, such as collective property rights and swidden agriculture (an important element of sustainable livelihood strategies). 64. The Special Rapporteur views the ongoing large-scale confiscation of land as a matter of grave concern that will continue to impact dramatically on the political and economic stability of the country if it is not addressed. The Special Rapporteur notes the increasing recognition among human rights, humanitarian and development groups of the need to document issues related to land and natural resource management in Myanmar. 65. The Special Rapporteur believes there is a need to recognize that Myanmar’s ethnic nationalities enjoy a special relationship with the land. The issue of housing, land and property rights in Myanmar is inextricably linked to the struggle for justice and democracy in the country. For ethnic minorities, this includes the right to reside on their ancestral land and to participate in decisions regarding its use. 66. Protection from land confiscation depends on settlement of the conflicts which have wracked the country for more than half a century. Unfortunately, efforts at conflict resolution have thus far met with only very limited success. Nevertheless, some inspiring projects have been implemented by civil society groups in Myanmar. These examples show that it is not necessary to wait for fundamental democratic reform before addressing the issue of land confiscation and paving the way to transitional justice. E. Humanitarian situation 67. According to numerous and consistent reports, there have been marked signs of deterioration in the economic and social sectors, which could aggravate the humanitarian situation. Even if the International Monetary Fund estimates that the Myanmar economy has grown 7 per cent in 2006, owing largely to rising revenues from exports of offshore gas fields, the hardships that the population have to face continue to be very serious. There is a need to address, adequately and urgently, the needs of the population. 68. Myanmar’s ranking in the 2005 United Nations Development Programme (UNDP) Human Development Index was 129 out of 159 countries. Maternal mortality in Myanmar is among the highest in South-East Asia, and only 40 per cent of children complete five years of primary education (considerably fewer in conflict-affected border areas). Rates of HIV/AIDS and tuberculosis infection remain amongst the highest in Asia. Malaria is the leading cause of morbidity and mortality, and most commonly affects the poor and other groups at risk. The potential threat of a pandemic of H5N1 avian influenza remains of serious concern following the March/April 2006 outbreak, although there have been no human cases of H5N1 thus far in Myanmar.