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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