4
See Chapter 4.6 on Labour.
4.9
Engagement on Land Issues
Human Rights Implicated: Right to an adequate standard of living; Rights of
minorities; Right to freedom of expression and opinion; Right to take part in cultural life
and to benefit from scientific progress; Right to take part in the conduct of public affairs;
Right to information
Field Assessment Findings
There were numerous cases where individuals and communities claimed there was
no participation in informed consultation about land acquisitions or tower or fibre
projects using land in immediate proximity to their homes.
In cases where there was prior informed consultation and participation, it was
predominantly only with the land owner/user and the (two to four) immediate
neighbours who, under the land acquisition process, were needed to sign consent
forms. The wider community surrounded the tower were not believed to have been
consulted. In many of those cases, those asked to sign agreements were unclear
of their purpose or content.
There were very few cases found where any ICT company or Myanmar
Government had done wider community consultation regarding the network
rollout, land needs and plans, and the ways in which the rollout would affect their
lives and livelihoods, positively or negatively.
In many cases, community members:
• 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
• 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 issues or emergencies.
• not being provided 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.
See Chapter 4.7 on Land
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CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS
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