•
4
4.7
received no prior information about the intention to acquire their land or
land near their homes, only understanding the reason was to build a tower or
lay the cable line once it became apparent during construction or digging
• were not consulted or given an opportunity to become informed about the
broader project of building the network. Instead, information was given only
with respect to the land registration process (see Due Process below) and
compensation
• were given no choices or opportunity to negotiate about the plot of land or
restrictions on land use
• often did not know for which telecom operator the tower construction
company was building, or the cable line was being dug
• were not given any information to make contact or complain either with the
cable laying company, tower construction company or telecom operator
• It was a regular occurrence for communities to host tower construction
managers and/or groups of workers, in their homes during the build period,
without compensation for the accommodation, water or laundry use. While this
was by agreement, it often lasted for a period longer than originally agreed and
some cases involved more workers than agreed and/or also their spouses and
children (and sometimes pets)
Commonly raised community concerns included:
• not knowing which company was involved in the construction (whether fibre
cable or tower)
• not having a company contact in cases of problems or emergencies
• not being provided with basic information on the safety of the tower
including:
− whether the tower could withstand earthquakes or severe weather
− whether they would be subjected to unsafe levels of radiation from the tower
− whether they would be electrocuted by the tower during rain showers
• noise from generators powering the towers causing a disturbance,
headaches, and small cracks in walls/floors
• tower sites being fenced in but not locked, compelling villagers to “guard” the
site to ensure children or others do not wander in
Community members expressed a desire for strong mobile phone reception
(which comes with good tower coverage) but did not want towers built nearby
their villages – which reflects the common NIMBY (‘not in my backyard’)
phenomenon.
There was also the perceived dilemma of the benefits of regular income from
lease payments versus concerns about health risks from living near a mobile
phone tower.
Due Process in Acquisition
Human Rights Implicated: Right to not be arbitrarily deprived of property; Right to an
adequate standard of living; Right to freedom of expression
Field Assessment Findings
The field assessment findings affirmed the complexity and opacity of the land
acquisition process and regulatory framework outlined in the National Context
section above for the tower companies and land owners.
Some called for a model lease contract template, approved by the authorities
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CHAPTER 4.7: LAND
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