A/HRC/41/39/Add.2
BRI as a way to achieve the Sustainable Development Goals, 25 some countries are very
significantly reducing previously unfavourable terms. 26 As BRI projects extend across the
globe, China, borrowing countries and the international community should develop a more
informed and nuanced understanding of the potential attendant risks and benefits, as well as
the importance of transparency.
B.
Links between land and poverty
29.
Land is crucial to many poor people’s livelihoods, yet their land security is often
tenuous. The Government has pursued large-scale initiatives, including infrastructure
projects and industrial plantations, that have separated people from their land, often
resulting in hardship and debt. The Special Rapporteur received multiple reports of land
loss and resettlement, leading to loss of livelihoods, food insecurity, lack of access to water,
inadequate or no compensation for lost resources, impoverishment and indebtedness owing
to the forced transition to a cash-based economy. A policy of “Turning Land into Capital”
has blanketed the country with more than 1,750 concessions, 27 giving companies the right
to use vast tracts of land, sometimes for as long as a century and often without adequate
regard for existing land use.
30.
The Government deserves credit for taking steps to rethink its approach, including a
2012 moratorium on mining and rubber and eucalyptus plantation projects. In 2017, the Lao
People’s Revolutionary Party observed that land expropriation represented a “heavy
burden”.28 Officials from the Ministry of Natural Resources and the Environment explained
that, at the direction of the Ministry of Planning and Investment, they had ceased issuing
concessions while a review was undertaken.
31.
That re-evaluation should be about more than simply cancelling some
underperforming contracts. It offers an opportunity for the Government to recognize the
importance of land to people and to protect their land tenure rights as a way of reducing
poverty. Land management should not be carried out on an ad hoc basis, but should be truly
participatory, reflect and offer protections for existing land use and be executed in a regular,
transparent fashion, with access to remedies.
32.
The outcome of the ongoing review should be made public and any future
concessions approved only after complete fulfilment of all legally required assessments and
processes, including meaningful consultation with the local population and fair
compensation. The Government should seek to bring into compliance existing concessions
that are not in accord with their contract terms or that have had demonstrably adverse
impacts on communities, cancel or otherwise address them and provide a remedy for people
who have been harmed.
33.
While in-country, the Special Rapporteur received multiple first-hand accounts of
the extremely challenging circumstances faced by people in Thateng District, Sekong
Province, who were affected by loss of land to a rubber tree plantation. He is alarmed that
10 people reportedly remain in custody without charge. 29 The Government should remedy
25
26
27
28
29
See United Nations, Department of Economic and Social Affairs, “Jointly building the ‘Belt and
Road’ towards the Sustainable Development Goals”, 16 August 2016. Available from
www.un.org/development/desa/en/news/policy/building-belt-road-towards-sdgs.html; United Nations
Development Programme and China Center for International Economic Exchanges, “The Belt and
Road Initiative: A new means to transformative global governance towards sustainable development”,
2017. Available from www.cn.undp.org/content/dam/china/docs/Publications/UNDP-CHGGR%202017.pdf.
The Economist, “Country report: Malaysia”, Intelligence Unit, 2 April 2019, p. 25.
According to figures provided by the Ministry of Natural Resources and the Environment.
Central Committee of the Lao People’s Revolutionary Party resolution No. 026/CC of 2017 on the
enhancement of land management and development in new period.
International Federation for Human Rights and Lao Movement for Human Rights, “Key Human
Rights Issues of Concern”, 7 March 2019. Available from
www.ohchr.org/Documents/Issues/EPoverty/Lao/FIDH.pdf.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents