BURMA/MYANMAR: Farmers attacked & shot by police during land grab protest

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-117-2014

18 August 2014

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BURMA/MYANMAR: Farmers attacked & shot by police during land grab protest 

ISSUES: Land rights; judicial system; fabrication of charges; corruption

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Dear Friends, 

The Asian Human Rights Commission has learned that peaceful protestors from Mandalay Region have been beaten and shot. The protest centered on land confiscated by the Burmese military two decades ago and handed over to a Chinese company. The land has yet to be returned or compensated for as per law.  With this, the Burmese police have joined military battalions, crony corporations, and corrupt courts in crushing hopes of farmers that have been subject to land grabbing across Burma. 

CASE NARRATIVE:

Police personnel from Singu Township Police Station have shot Burmese farmers from Nyaung Wine Village, in Singu Township, Mandalay Region. The farmers were protesting their land having been grabbed by the military. These farmers have protested publicly several times since June. The protests include ploughing the fields that had been taken from them. However, on 14 August 2014, nearly 50 police personnel with weapons and shields arrived and attacked the farmers. 

On that day, around 200 farmers gathered near the local school for the protest against the military’s land grab. The police arrived and began forcibly dispersing the crowd, which escalated to them beating the farmers, and eventually resulted in them shooting at the farmers. 

Ma San Kyin Nu, a 30-year-old mother of two, who was passing by, was shot through her left calf. When villagers of Nyaung Wine Village heard the gunfire, they ran to help the famers. Together, the villagers and farmers detained 37 police personnel who had attacked the citizens, and by then damaged the primary school and the monastery that still had monks inside. The remainder of the police personnel escaped the scene taking one farmer, U Myint Kyi, with them to Latpanhla Police Station.

The farmers questioned the police that were trapped in the monastery. They asked who gave the police the order to shoot. The police answered that they got the permission from Singu Township Police Force Commander Aung Soe. In time, over 100 more police personnel from other townships arrived at the site and blockaded the whole village. 

Mandalay Regional Police Lieutenant Colonel Myint Oo arrived at Nyaung Wine Village to negotiate with the farmers. The villagers asked for the release of U Myint Kyi. The farmers requested prosecution of the police officer who gave order to shoot, restitution for the medical treatment for the injured, and funds to repair the monastery and the school. The Police agreed to the demands. 

The authorities set U Myint Kyi free, after recording his personal details at the Latpanhla Police Station. San Kyin Nu required surgery and hospitalization for her leg. The farmers and villagers also announced their intention to sue the police responsible at Sint Gu Township court.

The farmlands in question are not a restricted area as defined by Section 144, where the Burmese government can fire on anyone who trespasses. In this case, if the police were planning to shoot unarmed residents, they need permission from a district judge. Without the requisite permission the police are violating the farmers' rights. 

This is the latest in a series of injustices that the villagers have had to suffer. The original crime was committed in 1991 by the 121st Logistic Battalion based in Mandalay Palace, which seized 6,000 acres of prime farmland in the region without due procedure and compensation. 

In time, the battalion transferred it to the CEO of the Chinese owned Great Wall Company, U Tin Maung. A 60-year lease on the illegally occupied land was granted by the military to the company for the establishment of sugarcane plantations. 

Since the new land law amendment on 30 March 2012, the farmers began attempting to get their land back, and tried to grow other crops in the field. They even sent letters of complaint regarding the confiscated land to the Land Investigation Committee, Farmland Management Committee, and other related committees. But, they received no response. As a result, they have been forced to make public protests. 

ADDITIONAL INFORMATION:

Similar incidents had occurred last year in Letpadaung Copper Mine Project and the AHRC has issued statements describing events. (See: AHRC-STM-073-2013, AHRC-STM-108-2013, AHRC-STM-082-2013 and others.) For more cases and issues concerning human rights in Burma, visit the AHRC's country homepage: http://www.humanrights.asia/countries/burma.

REQUESTED ACTION:

Please write a letter to the following government authorities and urge them to take immediate action. For the purposes of this statement, the nation commonly known as Myanmar is referred to by its original name, Burma. 

Please also be informed that the AHRC is writing separate letters to the Special Rapporteurs on human rights in Myanmar and as well as the regional office of the OHCHR in Bangkok, calling for their interventions regarding this matter.

SAMPLE LETTER: 

Dear …………,

BURMA/MYANMAR: Farmers attacked & shot by police during land grab protest

Names of Victims: Daw Sein Nu, Daw Sein Au, Daw Kyi Kyi, Daw Pu, Daw San Yu Maw, Ko San Soe, Ma San Kyin Nu, & others

Names of Alleged Perpetrators: 

Singu Township Police Force Commander Aung Soe (Serial No. 68352)

Mandalay Regional Police Lieutenant Colonel Myint Oo (Serial No. 1763)

Police personnel from Singu Township Police Station

Date of Incident: 14 August 2014

Place of Incident: Nyaung Wine Village, Singu Township, Mandalay Region, Myanmar

I am upset to hear that police from Central Burma shot at farmers who were protesting against illegal and unjust land grabbing by the military. 

I have learned that police personnel have shot Burmese farmers from Nyaung Wine Village. The farmers were protesting their land having been grabbed by the military. These farmers have protested publicly several times since June. The protests include ploughing the fields that had been taken from them. However, on 14 August 2014, nearly 50 police personnel with weapons and shields arrived and attacked the farmers. 

On that day, around 200 farmers gathered near the local school for the protest against the military’s land grab. The police arrived and began forcibly dispersing the crowd, which escalated to them beating the farmers, and eventually resulted in them shooting at the farmers. 

Ma San Kyin Nu, a 30-year-old mother of two, who was passing by, was shot through her left calf. When villagers of the village heard the gunfire, they ran to help the famers. Together, the villagers and farmers detained 37 police personnel who had attacked the citizens, and by then damaged the primary school and the monastery that still had monks inside. The remainder of the police personnel escaped the scene taking one farmer, U Myint Kyi, with them to Latpanhla Police Station.

The farmers questioned the police that were trapped in the monastery. They asked who gave the police the order to shoot. The police answered that they got the permission from Singu Township Police Force Commander Aung Soe. In time, over 100 more police personnel from other townships arrived at the site and blockaded the whole village. 

Mandalay Regional Police Lieutenant Colonel Myint Oo arrived at Nyaung Wine Village to negotiate with the farmers. The villagers asked for the release of U Myint Kyi. The farmers requested prosecution of the police officer who gave order to shoot, restitution for the medical treatment for the injured, and funds to repair the monastery and the school. The Police agreed to the demands. 

The authorities set U Myint Kyi free, after recording his personal details at the Latpanhla Police Station. San Kyin Nu required surgery and hospitalization for her leg. The farmers and villagers also announced their intention to sue the police responsible at Sint Gu Township court.

The farmlands in question are not a restricted area as defined by Section 144, where the Burmese government can fire on anyone who trespasses. In this case, if the police were planning to shoot unarmed residents, they need permission from a district judge. Without the requisite permission the police are violating the farmers' rights. 

This is the latest in a series of injustices that the villagers have had to suffer. The original crime was committed in 1991 by the 121st Logistic Battalion based in Mandalay Palace, which seized 6,000 acres of prime farmland in the region without due procedure and compensation. 

In time, the battalion transferred it to the CEO of the Chinese owned Great Wall Company, U Tin Maung. A 60-year lease on the illegally occupied land was granted by the military to the company for the establishment of sugarcane plantations. 

Since the new land law amendment on 30 March 2012, the farmers began attempting to get their land back, and tried to grow other crops in the field. They even sent letters of complaint regarding the confiscated land to the Land Investigation Committee, Farmland Management Committee, and other related committees. But, they received no response. As a result, they have been forced to make public protests. 

Therefore, I urge to the government of Burma to take immediate action. The perpetrators of the shooting – especially the officer that gave the order – must be brought to justice, the farmers must be compensated for the damage caused, and the land must be returned to its rightful owners.

Yours Sincerely,

…………………………..

PLEASE SEND YOUR LETTERS TO: 

1. Senior General Min Aung Hlaing

Commander-in -Chief of Myanmar Defence Services

Office of the Commender-in-Chief of Defence Services

Government Resident

Naypyitaw

MYANMAR

2. Lt-Gen. Ko Ko

Minister of Home Affairs

Ministry of Home Affairs

Office No. 10

Naypyitaw

MYANMAR

Tel:  +95 67 412 079/ 549 393/ 549 663

Fax: +95 67 412 439

3. U Thein Sein

President of Myanmar

President Office

Office No.18

Naypyitaw

MYANMAR

4. Thura U Aung Ko

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Pythu Hluttaw Office

Naypyitaw

MYANMAR

5. U Aung Nyein

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Committee for Public Complaints and Appeals

Office of the Amyotha Hluttaw

Naypyitaw

MYANMAR

6. Daw Aung San Suu Kyi

Chairwoman

Pyithu Hluttaw Rule of Law and Tranquility Committee

Office of the Pyithu Hluttaw

Naypyitaw

MYANMAR

7. U Win Mra

Chairman

Myanmar National Human Rights Commission

27 Pyay Road

Hlaing Township

Yangon

MYANMAR

Tel: +95 1 659 668

Fax: +95 1 659 668

8. U Tun Tun Oo

Chief Justice

Office of the Supreme Court

Office No. 24

Naypyitaw

MYANMAR

Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145

Fax: + 95 67 404 059

9. Dr. Tun Shin

Attorney General

Office of the Attorney General

Office No. 25

Naypyitaw

MYANMAR

Tel: +95 67 404 088/ 090/ 092/ 094/ 097

Fax: +95 67 404 146/ 106

10. U Kyaw Kyaw Htun

Director General

Myanmar Police Force

Ministry of Home Affairs

Office No. 10

Naypyitaw

MYANMAR

Tel: +95 67 412 079/ 549 393/ 549 663

Fax: +951 549 663/ 549 208

Thank you.

Urgent Appeals Programme 

Asian Human Rights Commission (ua@ahrc.asia)