minority rights are protected. 509 In addition, the Government may be declaring land vacant that in reality is not. This has resulted in large numbers of landless who would not appear in any Government records but who may nonetheless be affected by displacement. They should be compensated for at least economic displacement if they have lost their livelihoods. Further livelihoods support could be addressed through social investment programmes. It is expected that demands for land will inevitably increase with further economic development and investment. There is a recognised need in Myanmar for a written National Land Use Policy and comprehensive umbrella national land law. To that end, a working group of a Government committee which included civil society representation and external experts formulated a draft Land Use Policy. The 6th Draft of the Policy was published in May 2015 for further consultations among a wide group of stakeholders. 510 The draft National Land Use Policy is expected to be sent to the President after further meetings took place at the end of June 2015. 511 The Policy will reportedly guide the drafting of an umbrella Land Law, also expected to be discussed during public consultations. However, a new “Land Law” will not be passed by the current Parliament in 2015. While the development of such an overarching policy document is a needed and welcome step, civil society in Myanmar fear that poor farmers’ land rights will not be adequately protected under the new Land Use Policy. 512 Legal Framework for the Acquisition or Lease of Land 513 Acquisition by/with the Myanmar Government The 2008 Constitution provides that the State is the ultimate owner of all land in Myanmar, but also provides for ownership and protection of private land property rights. 514 The Government can carry out compulsory acquisitions in the state or public interest (see below). A private investor may acquire land or land use rights from either the Government or from a private land owner. A foreign investor can lease land. With respect to lands not covered by other, more specific land laws (either the 2012 Vacant, Fallow and Virgin (VFV) Land Management Law or the 2012 Farmland Law – see below), land acquisition is governed by a 120 year old law, a holdover from the former British colonial period. The 1894 Land Acquisition Act provides that the Government can carry out land acquisitions for a company when the acquisition is “likely to prove useful to the public” (Article 40(1)(b)). The Government has responsibility for carrying out the acquisition and distributing compensation but the funds for compensation are to be provided by the company acquiring the land. Land in kind can be provided in place of monetary compensation. The law sets out basic procedures governing the acquisition of the land, including undertaking preliminary investigations on the land, and a procedure for notification of, and objections to be raised by, persons interested in the land. 509 Ibid, pg. 23-24. 6th Draft of the National Land Use Policy, English version, May 2015, on file with IHRB/MCRB. 511 Myanmar Times “Delayed land-use forum scheduled for June” (29 April 2015). 512 Irrawaddy “NGOs, Farmers Concerned After Reviewing Draft Land Use Policy” (1 November 2014). 513 For a more detailed discussion of the legal framework for acquiring land, see Myanmar Centre for Responsible Business, “Land Briefing” (March 2015). 514 Myanmar Constitution (2008), Articles 35, 37, 356 and 372. 510 CHAPTER 4.7: LAND 213 4 4.7