A/HRC/28/72 53,000 people left Bangladesh and Myanmar on smuggling boats bound for Thailand and Malaysia between January and November 2014.22 Addressing the root causes of the human rights violations in Rakhine State would help prevent that domino effect of human rights violations in the broader region. E. Development, land and environmental issues 49. Foreign investment involving land development has the potential to bring social and economic benefits to Myanmar. However, the risk of human rights violations remains significant in the absence of comprehensive regulation, an effective legal system and a willingness to hold powerful domestic interests accountable when existing laws are violated. In the case of mining projects, the risk of serious environmental damage is acute without prior planning to manage harmful waste materials. The Special Rapporteur reiterates her call to the Government to proactively manage development and investment processes to ensure a rights-based and people-centred form of sustainable development. That should include poverty reduction, equitable resource sharing and non-discrimination as its central pillars. While legislative change will assist the process, changes in attitudes and behaviour at all levels of government will also be needed. 50. Prominent throughout the Special Rapporteur’s visit were complaints of illegal land confiscation, forced evictions and concerns about land use policy. The Myanmar National Human Rights Commission informed the Special Rapporteur that the majority of complaints it receives concern land. The Special Rapporteur also received information on cases in which excessive force had been used against rural farmers and urban residents protesting at the loss of their homes and livelihoods. A large number of protestors against land confiscations have been charged with trespassing and given harsh prison sentences. A notable incident was that at Letpadaung on 22 December 2014 when evicted farmers protesting against a copper mine proposed by the Myanmar Wanbao company were met with excessive use of force by local authorities. 51. During her visit, government interlocutors told the Special Rapporteur of the challenges relating to sustainable and profitable land development so that all persons in Myanmar can benefit from available opportunities. She is aware that in October 2014, the Government released its draft National Land Use Policy for public consideration and comment. The Special Rapporteur commends the Government for its current work towards a national land use policy, particularly proposals to strengthen security of tenure for marginalized and vulnerable groups, such as informal or non-registered land rights-holders, ethnic minorities and women. 52. Concern was expressed to the Special Rapporteur that the development of the land policy has been too fast and with insufficient consultation. She urges the authorities to proactively expand the consultation process and seek additional comments on successive versions of the draft policy and the resulting draft land law. Community level development 53. The Special Rapporteur was pleased to see programmes to improve education, health care and livelihoods being developed by relevant ministries, and congratulates the Government for its collaboration with the international community in that area. However, she reiterates that those programmes must be designed through broad-based and genuine 22 UNHCR, “South-East Asia: irregular maritime movements, January–November 2014”. Available from www.unhcr.org/53f1c5fc9.html. 15

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