It should be noted that the 2012 Foreign Investment Law and the 2013 Citizens
Investment Law are currently being redrafted to create a single law for all investors and
these provisions could change. 521
Resettlement
Myanmar has only limited standards governing the resettlement process for land
confiscated from people for projects. As discussed above, the 1894 Land Acquisition Act
does provide for compensation for land the Government has acquired in the public
interest, but with only limited safeguards and no provisions concerning resettlement. In
addition, the current Foreign Investment Rules appear to provide some general
prohibitions on involuntary resettlement.
B. Field Research Findings
The field research focused on parts of the ICT value chain where land acquisition
processes were most significant (for infrastructure roll out) 522 and where land owners or
users were most at risk (i.e. rural communities). It did not consider land acquisition for
office use in cities where land registration and markets are more developed. The findings
are based on the roll-out experience of private sector telecoms operators. While the field
research team discussed land acquisition with state-owned enterprise MPT, the team did
not have the opportunity to discuss land acquisition with military-owned enterprise
MECtel. MECtel usually locates infrastructure inside military compounds or on land held
by the military.
Consultation Prior to Land Acquisition
Human Rights Implicated: 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 informed consultation and participation about land acquisitions or tower or
fibre projects using land in immediate proximity to their homes.
In cases where there was 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. 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:
521
Myanmar Centre for Responsible Business “Comments on the latest draft of the Myanmar Investment Law”
(27 March 2015).
522 For example, TowerXchange reports in October 2014 that “based on the volume of orders they are seeing,
the tower installation firms have spoken to are more bullish than the GSMA’s forecast of 17,300 towers by
2017, with many feeling that the tower count in Myanmar by 2017 will be 25,000”. TowerXchange “The
Myanmar tower rollout: FAQs” (updated June 2015).
CHAPTER 4.7: LAND
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4.7
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