A/HRC/45/5
new law includes positive policy objectives, a definitive list of “public purpose” categories
for land expropriations, and requirements for surveys to identify some potentially affected
populations, for environmental and social impact assessments, and for resettlement and
rehabilitation plans, it still falls far short of the obligations of Myanmar under the
International Covenant on Economic, Social and Cultural Rights. Certain public purpose
categories are overly broad, risking prioritization of commercial interests over individual
rights and social costs. Additionally, the law is silent on numerous categories of persons
who would be affected by it – such as those displaced by conflict who have restitution
rights, and those who use land communally – which runs counter to the Covenant’s nondiscrimination obligation.
45.
In February 2020, Parliament passed amendments to the Farmland Law of 2012,
which essentially had established a legal land market through formalization of rural land
tenure via a land use certificate and registration system. Despite some positive elements, the
amendments, overall, appear to exacerbate the deficiencies of the 2012 law. In particular,
the law now criminalizes non-performance of a bureaucratic requirement to apply for and
obtain land use certificates. Furthermore, the original stipulation that unused expropriated
land must be returned has now been removed, thereby heightening risks of excessive land
seizures. The amendments have also broadened the definition of “farmland” to include
more customary land use, which has the effect of commodifying land as an economic
resource owned by the State, rather than recognizing cultural understandings of land by
ethnic communities.
46.
In parallel, in August 2018 the Government launched the Myanmar Sustainable
Development Plan, and in early 2019 launched the Myanmar Project Bank, which together
provide a policy framework and publicly accessible repository of investment projects.
Roughly over the same period, the Government also committed to the China-Myanmar
Economic Corridor – a framework for large-scale infrastructure, trade and transportation
projects forming part of China’s Belt and Road Initiative.
47.
Details under the China-Myanmar Economic Corridor scheme remain scarce,
challenging promises of transparency and stakeholder consultation. For Myanmar to fulfil
its procedural obligations under the Covenant, all relevant information needs to be made
available to those affected, such that genuine consultations may be undertaken prior to any
interference with rights protected by the Covenant. According to public reports, main
projects under the Economic Corridor include a high-speed railway – with a parallel
expressway – running from Ruili in Yunnan Province, China, via Muse in northern Shan
State, and terminating in Kyaukphyu, Rakhine State, and forking southwards at Mandalay
to Yangon; three new economic cooperation zones at the Economic Corridor’s eastern end;
and a fourth new economic cooperation zone in the west – Kyaukphyu Special Economic
Zone – that includes a deep sea port. At both ends of the Economic Corridor, armed conflict
between the Tatmadaw and ethnic armed organizations has escalated dramatically over the
past two years. Without appropriate consultation with the affected communities, assurances
of economic, social and other benefits for members of those communities, and specific
protections for specific cultural, religious and other practices, such regional economic
development may fall far short of its vision of contributing materially to peacebuilding.
48.
Undoubtedly, sustainable development is critical if Myanmar is to continue lifting
its population out of poverty and to ensure that rights articulated under the Covenant are
progressively and continuously realized. The Government’s response to the socioeconomic
impacts of the COVID-19 pandemic goes some way to fulfilling its Covenant obligations.
However, the laws described above exert tremendous pressure on rural land in Myanmar.
Together, they permit the rapacious expropriation of land and other natural resources in
favour of a vision of large-scale land-related development at the expense of individual
farmers and communities and their rights to maintain their land, livelihoods and cultural
life. Legalization of the land market without strong public safeguards – including an
independent judiciary, a free media, and a comprehensive social security system – may
exacerbate conflicts and engender new disputes.
11
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