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.
Conflict Areas
Human Rights Implicated: Right to life, liberty and security of the person; 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 to areas
to lay fibre cables with non-state armed groups (NSAGs). 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 for both the civilian population and the
company itself.
Researchers also received reports from workers that they were aware that in the
past landmines may have been sown 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.
Myanmar Good Practice Examples:
Written lease agreements were regularly signed with landowners for towers
(though, as above, copies were often not provided to land owners or they claimed
they did not understand the content fully).
Most lease agreements included percentage increases, often 3-5%, every 3-5
years.
Companies often facilitated the registration application process, reducing or
removing the burden on landowners.
Given the lack of a uniform and accessible land registry, regular reports were
received of companies accepting alternative forms of documentation. This can offer
a significant protection but can also be a significant risk if this is used to bypass
customary owners. As a result, some companies also seemed to be undertaking
more detailed due diligence to identify the ‘true’ landowners, including direct
discussions with villagers and local authorities.
One company has reported it leases some 1,000 land parcels for its towers with full
written approvals and documentation from landowners. 523
523
See further: Apollo Towers Myanmar, "Response by Apollo Towers: Myanmar Foreign Investment Tracking
Project", Business & Human Rights Resource Centre (last accessed September 2015).
CHAPTER 4.7: LAND
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4.7
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