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 13

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents