Chapter 4.7 4 Land 4.7 In this Chapter: A. Context • Land Use for the Telecommunications Sector • Land Policy Framework • Legal Framework for the Acquisition or Lease of Land B. Field Research Findings C. Recommendations for ICT Companies • Relevant International Standards and Guidance on Land Issues • Considerations for Land Acquisition / Use D. Land in Areas Affected by Armed Conflict & Communal Tension A. Context Land is often the most significant asset of most rural families in Myanmar. An estimated 70% of Myanmar’s population lives in rural areas and is engaged in agriculture/aquaculture and related activities. 489 Many farmers use land communally (that is, share the use of land amongst themselves), establishing longstanding land use patterns informally by custom rather than law. 490 These customary land tenure systems are especially prevalent in upland areas inhabited by ethnic minorities. Because much of Myanmar’s rural land is not formally registered, land use is characterised by weak or nonexistent protection of usage rights and tenure for small-scale farmers, communities, ethnic minorities and other groups at risk of land expropriations. Since the recent political reform process began in 2011, there has been consistent reporting of protests against ‘land grabs’ 491 in many parts of the country in the press and by non-Governmental organisations. In addition, large-scale land allocation by the Government has increased significantly in the past decade. 492 While some of these ‘land grabs’ are new, many of them originate in land expropriations under the previous military Government, a legacy which Myanmar people are now challenging, including through mechanisms provided by the Government. Some land in Myanmar has been returned to farmers and others since the reform process began. However, there are still tens of thousands of rural people who have lost their land due to Government expropriation. Moreover, dozens of farmers and land rights activists have been arrested recently for peacefully protesting against land expropriations by the authorities. 493 There have also been several land disputes in major metropolitan and semi-rural areas. For example in the Thilawa Special Economic Zone near Yangon, dozens of families have had their land 489 See UNDP, “About Myanmar” and CIA, “World Factbook, Burma, Economy“(last accessed August 2015). Transnational Institute, “Access Denied” (May 2013), pg 11. 491 The term ‘land grab’ in Myanmar is used to cover a wide range of situations, including land disputes and government/military expropriation of land for companies and its own use. 492OECD, “OECD Investment Policy Reviews: Myanmar 2014” (March 2014), pg. 324. 493 See for example Amnesty International “Annual Report 2014/2015, Myanmar country entry” (Feb 2015). 490 CHAPTER 4.7: LAND 209