HOUSING, LAND AND PROPERTY RIGHTS IN BURMA: THE CURRENT LEGAL FRAMEWORK

Since the end of the Cold War, many lessons have been learned from countries which have experienced structural political transition. One area that has emerged as being of key importance in nearly all transitional societies are the housing, land and property (HLP) sectors. As central as these sectors are for peace and economic prosperity, however, few countries have successfully managed the challenges in this area and even less have faced these challenges utilizing a rights based approach. The massive land-grabbing that took place in post-UN administered Cambodia, the large scale occupation of Serb properties by Kosovar Albanians in Kosovo and the failure of successive governments in Timor Leste to address the HLP needs of the population are prime examples of what occurs when HLP processes are left either to market forces or when new Governments and their supporters engage in fraudulent actions within the HLP sector for personal benefit. In addition, inadequate preparation and understanding of the HLP challenges in transitional situations has resulted in broader economic and social objectives being delayed by years or even decades and has resulted social upheaval, economic instability, renewed conflict and violence and the displacement of populations.<BR> Given the experience of the past two decades, it should be possible to avoid many of the mistakes that have taken place too frequently and apply the lessons learned to countries that undergo structural political transition such as Burma. To this end, HOUSING, LAND AND PROPERTY RIGHTS IN BURMA brings together for the first time the entire HLP legal code in Burma. <BR> This book compiles all of the laws, decrees and official statements - historical and current - that are relevant to the question of HLP rights in Burma today. The book is designed to be a resource for individuals and organizations working on the question of HLP rights in Burma, and to assist those dedicated to a democratic future for Burma in developing a new HLP Legal Code and accompanying policies that best serve the interests of the citizens of the country as a whole.

Scott Leckie is the Founder and Director of Displacement Solutions, an organisation dedicated to resolving cases of forced displacement throughout the world. He is a Special Advisor to the Centre on Housing Rights and Evictions (COHRE), an organisation he founded in 1991, and has advised a range of United Nations and other agencies including the Office of the UN High Commissioner for Refugees (UNHCR), the UN Office of the High Commissioner for Human Rights (OHCHR), the UN Habitat Programme, UNOPS, the World Bank, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe. The driving force behind many new international human rights standards, he has written and edited numerous books, articles and reports on a wide range of human rights themes. He frequently lectures and regularly teaches several human rights courses. <BR> Ezekiel Simperingham is an international human rights lawyer. Ezekiel was awarded an LLM in international legal studies from the NYU School of Law in 2007 and holds an LLB (Hons) and a BA degree from the University of Auckland. Ezekiel was the Senior Legal Associate at the Refugee Status Appeals Authority in New Zealand from 2003 to 2006 and worked with the Office of the High Commissioner for Human Rights in Sri Lanka, the regional office of UNHCR in Australia, the NYU Center on Law and Security and the International Center for Transitional Justice in New York. Ezekiel is currently based in Bangkok, Thailand as a legal consultant for the international human rights NGO Displacement Solutions, where he is focusing on the international human rights dimensions of the housing, land and property sector in Burma and the housing and property rights of refugees under international law.