A/HRC/31/71 concern, increasing poverty and displacement and destroying livelihoods, with a consequent effect on a host of other rights, including access to health and education, and a loss of cultural and traditional knowledge. There is often little or no consultation with affected communities, limited or no compensation provided, and limited access to effective legal remedies. 64. The Special Rapporteur has previously highlighted how the complex existing legal framework provides insufficient protection against evictions and does not recognize customary land tenure or community-managed resources (see A/70/412, para, 62). She therefore welcomes the new national land use policy, adopted in January 2016 following consultations, which addresses some of these concerns. The adoption of an overarching land law following a similar process of extensive consultation with all stakeholders could help to protect the rights of farmers and rural communities throughout Myanmar, and strengthen the confidence of the private sector looking to invest. 65. The Land Confiscation Investigation Commission reported to the Parliament on 25 January 2016 that many land disputes remained unresolved, and that government bodies at different levels did not abide by relevant laws, procedures and recommendations made by the Commission. In accordance with principle 25 of the Guiding Principles on Business and Human Rights, the Government should take appropriate steps to ensure access to effective remedy, whether though judicial, administrative, legislative or other appropriate means. The Special Rapporteur believes, therefore, that the creation of a system for addressing land complaints with the necessary powers to provide redress would be an important safeguard for future cases. Meaningful redress must also be provided to the thousands of individuals whose land was confiscated in the past. 66. In an attempt to protect their rights, people have increasingly resorted to public protests against land confiscations. Unfortunately, some of those exercising their right to peaceful assembly, including farmers and land rights activists, continue to face harassment, intimidation and criminal prosecution. Such prosecutions should cease immediately, and those detained for peaceful protests should be released. 67. The Special Rapporteur welcomes the adoption in January 2016 of environmental impact assessment procedures, which may have a positive impact on the way development projects are conducted. Consultations should genuinely seek the input of affected communities. Other requirements, such as the public disclosure of assessments, must be implemented and enforced consistently. She welcomes the fact that the new standards apply to all projects, including those that have already commenced. Cooperation between civil society and regional or local authorities could assist in prioritizing the many projects to be examined. 68. One area requiring urgent review is the jade mining industry. In 2015, 37 landslides in Hpakant killed more than 150 people. These tragic events demonstrate the urgent need to guarantee the safety of those whose livelihoods depend on the mines, as well as the right to life and the health of the communities living near them. Although the Special Rapporteur was informed of the creation in January 2016 of a fact-finding group on the jade industry, which will focus on illegal vehicle importation, she urges the authorities to conduct a broader investigation into mining operations, which should include consultation with the communities affected and civil society organizations. 69. Transparency is also vital to enable local communities to hold vested interests to account and to ensure that development is beneficial to all. The Special Rapporteur therefore welcomes the publication, on 2 January 2016, of the first report on the Myanmar Extractive Industries Transparency Initiative for the period from April 2013 to March 2014. 15

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