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reach its main objectives of recognizing and protecting customary land te nure rights
and procedures in ethnic minority regions, developing and implementing a fair
process for land restitution and adopting a national land law aligned with the policy.
In the absence of such a law, there is no adequate legal framework for recogniz ing,
registering and protecting rights to customary and communal land use. Meanwhile,
the Government is actively implementing policies nationwide designed to maximize
land use as a means of generating income through agriculture, industry, infrastructure
and tax revenue. Rather than enacting a single land law that protects rights, the
Government has proceeded with implementing the 2018 amendments to the Vacant,
Fallow and Virgin Lands Management Law, and, in August, parliament passed a new
land acquisition law that is awaiting presidential ascent. Both laws prioritize land
acquisition for commercial purposes, which is making it more difficult to resolve
long-standing cases of land confiscation and provoking protests by affected
communities. Civil society monitors report that the number of new cases of land
confiscation is increasing as a result of this approach.
16. Land insecurity undermines multiple rights contained within the International
Covenant on Economic, Social and Cultural Rights and can amount to a violation of
the prohibition on forced evictions. The Special Rapporteur repeats her call for the
Government to immediately halt the implementation of regressive land laws. She
strongly urges the National Land Use Council, which is tasked with drafting t he
national land law, to be transparent in its processes, engage meaningfully with all
stakeholders and move decisively forward in its work.
D.
1.
Internet and rights
Internet shutdown
17. On 21 June, mobile Internet services were suspended in the townships of
Ponnagyun, Rathedaung, Mrauk-U, Kyauktaw, Minbya, Myebon, Maungdaw and
Buthidaung in Rakhine State and Paletwa in Chin State. This followed a directive
issued by the Ministry of Transport and Communications to the four mobile Internet
service providers: Myanma Posts and Telecommunications, Telenor, Ooredoo and
Mytel. This is the first time that such an order has been made, and it was done under
section 77 of the Telecommunications Law for the stated purpose of maintaining
stability in the region. More than two months later, the suspension remains in place
and is affecting more than 1,000,000 people in a region where few have access to
grounded Internet. In the context of the conflict between the Tatmadaw and the
Arakan Army, the Internet shutdown has a severe impact on multiple rights, including
the rights to safety and security, health, education, food, shelter and livelihood. It also
has implications for the rights to freedom of expression, information, participation,
association and assembly. The Government has failed to justify the blanket shutdown
as being necessary and proportionate to achieving the stated objective. The action is
likely to amount to collective punishment and be in violation of international human
rights and humanitarian laws. The Special Rapporteur calls upon the Government to
immediately lift the suspension and amend section 77 to bring it into line with
international standards.
18. Given that domestic and multinational Internet service providers are obliged to
comply with directives of the Government, they have been required to implement the
shutdown. Companies engaging in the information and communications technology
(ICT) sector in Myanmar must now consider the precedent that has been set and the
ongoing existence of a legal framework that enables the Government to take similar
action in the future. Conducting human rights due diligence in line with the Guiding
Principles on Business and Human Rights: Implementing the United Nations “Protect,
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