complicated legal issues to address in the land registration or leasing process. It
should be made clear in those circumstances whose interests are represented if there
are choices or a conflict of interest between the tower company’s interest and the
landowner’s interests. If the legal representative cannot take a neutral position,
independent legal assistance should be provided to landowners so that they can make
informed choices about disposition of their land and the implications of signing longerterm leases.
Ensure farmers are not disadvantaged by lack of paperwork: Paddy land or other
farmland is preferred for tower construction because it is flat and easy to reach.
Under the current land classification, it is not allowed to be used for anything other
than cultivation without Government approval, which is not always immediately
forthcoming. Where towers have been constructed without or before approval,
subsequent strict enforcement of land laws could potentially result in farmers being
penalised for renting to tower companies, and create a risk to their livelihoods. If
farmers are penalised, companies should be ready to put in place remedial
compensation to ensure that there is no impact on their livelihoods.
Be alert to speculation: Companies should also be aware that there have reportedly
been cases in other sectors involved in land acquisition of speculators moving in to
acquire land in areas where it is thought that investment projects may be
implemented. These speculators seek to acquire land cheaply from original land users
who are unaware of the development, hoping to profit from compensation payments.
This can create tensions with the original users, who may feel cheated when land use
compensation is subsequently paid
Land in Areas Affected by Armed Conflict & Communal Tension
See Chapter 4.10 on Conflict and Security.
D. Relevant International Standards and Guidance on Land
Issues
Relevant International Standards:
ILO Convention 169, Indigenous and Tribal Peoples Convention (1989), Part II
– Land
FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land,
Fisheries and Forests in the Context of National Food Security (2012)
The World Bank Myanmar Telecommunications Environmental and Social
Management Framework (ESMF) Land lease guidelines (English)
IFC Performance Standard 5 and Guidance Note – Land Acquisition and
Involuntary Resettlement
The IFC/World Bank Group Environmental, Health, and Safety Guidelines for
Telecommunications also provide relevant guidance on siting infrastructure
and other aspects of community safety.
CHAPTER 4.7: LAND
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4.7
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