and available in local languages.
Reports were received of construction taking place on paddy land or farmland,
without the necessary documentation, including land conversion approval.
Private companies noted that receiving the land conversion approval for farm or
paddy land was “impossible” due to administrative delays, bribery, and in some
cases farmers lacking requisite documentation needed to apply for the conversion.
However a regional-level minister expressed awareness of the complexity of the
approval process, and suggested that regional-level Government is working to ease
the process for both landowners and companies engaged in the roll-out.
For tower construction, interviews indicated a relatively consistent process was
followed by most companies that resulted in a signed lease for land owners:
A ‘site hunter’ comes to the home/farm to investigate the land and suitability for
a tower site.
If suitable, they discuss with the village leader/administrator their intention to
build on the land, how much land they will need (usually about 50 square
metres) and where, how long construction will take (usually a 28 day target), and
their rental and compensation rates.
The village leader/administrator and site hunter(s) discuss with the land owner
their intention to build the tower:
The company usually facilitated the process of getting the land registered as
“grant land” under the required Form 105. (If paddy land, this was first applied
for at regional level, then approved at national level before it could be issued).
This generally took 1-2 months
The landowner must get the signed consent of (usually 2-4) immediate
neighbours confirming they do not object to the construction
A contract (usually a land lease) is signed between the landowner and company.
Fees and costs for registering as grant land were generally incorporated into the
lease agreement (not putting land owners out of pocket), but the fees and costs
cited varied greatly from 500 MMK ($0.46) up to 40 MML ($3,709), by location.
It was often the tower site hunter’s or village leader/administrator’s job to verify who
was the true land owner:
• Citizenship Scrutiny cards, Household Lists, and land titles were cited as among
key initial documents sought. However, there are still high risks of misidentifying
‘true’ land ownership in Myanmar even using such evidence, given wide-spread
practice of customary ownership and the fact that Myanmar only recently
completed its first census in 30 years, which is still widely regarded as
problematic because inter alia people in some areas of armed conflict and intercommunal violence were not counted.
• Depending on the circumstances, companies may bring in local lawyers to meet
the land owner and assist them in applying for the needed documents.
• Researchers heard general estimates that around 10% of prospective sites fail
because documents cannot be obtained.
• Researchers heard of some cases in which Myanmar officials obliquely
requested bribes in order to return the proper documentation.
Though contracts were commonly signed with landowners confirming the lease
arrangements, a copy of the contract was often not provided to the land owner
and researchers were regularly told by land owners that they did not fully
understand the content of what they were signing.
• Most contracts appeared to include automatic renewal clauses, meaning
unless the landowner gives notice of their wish to cancel or renegotiate the
agreement prior to the completion of the agreed term they will automatically be
CHAPTER 4.7: LAND
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4
4.7
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