4
Access to Remedy for Land Grievances
Human Rights Implicated: Right to an effective remedy; Right to take part in the
conduct of public affairs; Right to information
Field Assessment Findings
As mentioned above, there were regular reports of communities and land
owners not knowing which company was responsible for fibre cable digging or
tower construction, including whom to contact in cases of emergency or grievance.
Cases of noise disturbance from generators powering towers were generally
resolved, in some cases by the village administrator.
Some communities complained of damage by the company of roads, as well as of
company-provided road repairs that failed to restore the quality of the road prior to
the company’s use.
See Chapter 4.7 on Land
Conflict Areas
Human Rights Implicated: Right to life, liberty and security of the person; Right to just
and favourable conditions of work; Right to take part in the conduct of public affairs;
Right to information
Field Assessment Findings
There were some cases in which companies attempted to negotiate access with
non-state armed groups (NSAGs) to areas to lay fibre cables. In some cases a fee
was paid for this access.
Researchers received reports of cases of operational delays, where local groups,
including armed groups, blocked access to sites, due to lack of consultation at
the site level. While some consultation with local leaders may have been
undertaken, this may not have been communicated to or accepted by all
stakeholders.
Researchers observed fire-arms being carried by NSAGs present during roll-out
in ceasefire areas. While researchers neither observed not heard reports of shots
being fired, the presence of fire-arms is a risk to the civilian population and to
workers.
Researchers also received reports from workers that they were aware that in the
past landmines may have been planted around infrastructure in conflict areas.
This led workers to avoid walking through certain areas. The measures companies
took to protect their workers in such circumstances were unclear.
See Chapter 4.10 on Conflict and Security
CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS
247
4.9
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