before it can be reclassified for other uses. This slows the process considerably, and
increases the opportunity for officials to ask for bribes as the requests move through
various levels of bureaucracy. Tower companies have been helping landowners to get
the land reclassified from paddy land to grant land 498 so that it can then be leased out.
Some of the land used for towers is farmland (other than paddy land) which also requires
a conversion process to change the designation, but this can be done at the state level.
Even in urban areas, the lack of proper land documentation is causing delays.
Companies and authorities are also confused about what documents are needed to
change land registration status and to register long term leases, resulting in delays. .
The companies laying fibre/cable are digging trenches, laying fibre/cable, then covering
the trenches. As such, they are not entering into lease arrangements but instead may be
making a one-time payment for the disturbance of the land, usually without further formal
arrangements.
Several tower companies have joined together to highlight identified bottlenecks in the
current processes to use of farmland for the placement of towers, the registration of
leases and the use of Government land, and have proposed several solutions to the
authorities to expedite the process.
World Bank Guidance for Land Use by the Telecommunications Sector
The World Bank is currently financing and implementing a $31.5 million
telecommunications sector reform project in Myanmar that includes a programme to
extend coverage in selected remote pilot locations that are commercially non-viable for
operators to service without a one-time subsidy and are not part of the networks being
rolled out by the licensed operators. 499 It has a set of environmental and social safeguard
policies 500 that apply to most World Bank projects and that are applicable to this
telecommunications sector reform project. As part of the environmental and social
management framework (ESMF) 501 for the project, the World Bank developed a set of
land lease guidelines for the roll out of pilot telecommunications infrastructure in rural
areas 502 . All sites where telecommunication masts/ towers will be installed to extend
connectivity will be selected and managed in line with the ESMF.
As the ESMF notes “[r]ecognising that land markets are poorly developed and there are
few or no experiences with land leasing arrangements for telecommunications towers and
masts in Myanmar, principles for such arrangements have been developed under this
ESMF” because “tenure rights are rapidly evolving in rural Myanmar”. The Guidance
notes that because land tenure is not fully established in rural Myanmar and rural
498
Grant land is “Owned and allocated by the state, grant land is common in cities and towns, but rare in
village areas. The state may lease grant land out for extendable periods of ten, thirty, or ninety years. Grant
land is transferable, is subject to land tax and may be reacquired by the state during a lease period in
accordance with laws governing compulsory acquisition.” USAID, “Property Rights and Resource
Governance: Burma” (date unknown) pg. 10-11.
499 World Bank, Telecommunications Sector Reform Project (last accessed August 2015).
500 World Bank, “Consultations on the Second Draft of Environmental and Social Framework” (1 July 2015).
501 Myanmar - Telecommunications Sector Reform Project: environmental and social management framework
(2013). The Environmental and Social Management Framework describes the baseline project environmental
conditions and impact, provides guidance for environmental and social assessment processes.
502 World Bank, “Myanmar - Telecommunications Sector Reform Project: environmental and social
management framework (Vol. 2): Land lease guidelines” (English) (2013).
CHAPTER 4.7: LAND
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