A/HRC/43/59 expropriation have yet to be resolved and have been aggravated by recent developments in the legal framework, while new cases of alleged land confiscation continue to be reported. Rights to land tenure were addressed in the National Land Use Policy of 2016, which recommended that a national land law be enacted in line with the Policy. The Government has not yet implemented this recommendation. 23. The Land Acquisition, Resettlement and Rehabilitation Law of 2019 increases insecurity of land tenure. The Law fails to reflect the complex reality of land use and displacement in Myanmar and contains overly broad provisions on “public purposes” for which land may be acquired by the Government. It is unclear whether the Law is compatible with procedures for land expropriation identified in the Environmental Impact Assessment Procedure established in 2015, and it fails to meet international standards, including on the prohibition of forced evictions under the International Covenant on Economic, Social and Cultural Rights. 24. The absence of adequate legal protection for rights to customary and communal land use can be exploited by companies, the military and others, and give rise to human rights violations and abuses. The Special Rapporteur is informed that, in 2017 and 2018, the Orchard Company filed complaints against 29 farmers in Maubin Township, Ayeyarwady Region, under the Vacant, Fallow and Virgin Lands Management Law of 2012. The farmers had been cultivating land alleged to have been appropriated by the company since 1991. In April 2019, the company filed a further complaint against villager Sein Sein Soe under section 8 (f) of the Law Protecting the Privacy and Security of Citizens, after she raised the issue of the farmers’ cases during a visit of the State Counsellor. In September 2019, 11 of the farmers were sentenced to prison under the Vacant, Fallow and Virgin Lands Management Law. The Special Rapporteur calls for their immediate release and for their land to be returned or adequate compensation provided. 25. In 2019, complaints of mischief were filed against 21 farmers cultivating their land in Demoso Township, Kayah State, by military personnel under section 6 (1) of the Public Property Protection Act of 1947. Twelve of the farmers are also facing further charges of criminal trespass under section 447 of the Penal Code, as the land is alleged to have been seized by the military 30 years ago. In Loikaw Township, also in Kayah State, military personnel have filed multiple complaints under the Penal Code and the Public Property Protection Act against 20 farmers. The military claims they have continued to use land that has been seized, despite several of the farmers having obtained land use certificates for the land under the Farmland Law of 2012. The Special Rapporteur calls for the charges against these farmers to be withdrawn. 26. The Special Rapporteur repeats that the Government should cease implementation of regressive legislation. Myanmar needs land laws to protect the rights of the rural population. The Special Rapporteur calls on the Government to prioritize the drafting of a national land law in line with the National Land Use Policy and international standards through a transparent and consultative process. The broader legal framework concerning land use and appropriation must then be reformed to incorporate the national land law’s provisions on rights with consistency and clarity. 2. Data protection 27. At the beginning of the Special Rapporteur’s mandate in 2014, Internet penetration in Myanmar was at around 1 per cent and mobile phone penetration was at 5 per cent. Those figures have since soared. Rapid development of the information and communications technology sector has brought many opportunities, but also given rise to serious human rights concerns. One of these concerns is the absence of laws regulating data protection and surveillance. The Telecommunications Law regulates the actions of telecommunications companies and affords the Government overly broad control of services and data, without clearly defined justifications. 28. In 2015 the Government introduced mandatory subscriber identity module (SIM) card registration for mobile phone users. There are serious concerns about this due to the absence of a clear and comprehensive procedure for regulating lawful data interception, in line with international standards, and an independent and effective justice system to oversee 6