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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents