BURMA/MYANMAR: Private company and government official pursue false charges against farmers after government agency grants them use of their land

September 19, 2014

Urgent Appeal Case: AHRC-UAC-134-2014

19 September 2014

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BURMA/MYANMAR: Private company and government official pursue false charges against farmers after government agency grants them use of their land

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

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that over 200 farmers from Pantanaw Township, Delta Region, are being prosecuted for using government confiscated lands. Some had permission to use their former land, but are now being prosecuted regardless of their legal rights. Around 60 farmers have already been sentencing to jail but more farmers are still facing in trial over a year after the initial confrontations.

CASE NARRATIVE:

In 1994-1995, a military battalion based in Pantanaw township, Pandaung, confiscated over 10,000 acres of farmlands without providing compensation to the original owners. They then transferred it to local military groups, the War Veteran Association (WVA), and private businesses. After 2012 the enactment of the Farmland law, and 2013 Farmers Rights Protection and Promotion of Interest Law, the farmers stopped paying rent because the Farmland Law revoked the applicable tenancy laws. The farmers also began applying the law to reclaim the previously confiscated land; as a result, the farmers got 800 acres of land back from the military.

WVA Land

In the mid 1990s, the military gave 200 acres to the WVA and the association rented the land back to original owners. While the farmers were renting the land they dug the ditches across the farmlands, made dykes and diverted water from Kyonekadoe stream to grow their crops. When the farmers stopped paying rent and asked for their land to be returned, in 2013, the WVA responded by claiming that they had permission from the government to operate a fish hatchery on the land. However, any such project had not yet commenced which meant that the WVA had failed to meet the standards of the law, thus they were still obligated to return the land. The WVA then began arresting farmers for theft and trespass. The accusations are based on the farming practices used during the tenancy period, which had supposedly damaged fish breeding ponds which had never existed.

Pho La Min Trading Company Land

The area known as “lowland plot No 720(B)” was confiscated in 1997 and 1998. Plot No 720(A) was confiscated in 2001 and 2002. These areas were supposed to be for the State Owned Lowland Rice Project on the orders of Senior General Than Shwe and Genaral Thura Shwe Mann, the latter is now the Speaker of the Burmese House of Representative. At some point prior to 2012, the authorities gave all 2,384 acres to Pho La Min Trading Company Limited, which is owned by General Mann‘s family. The company leased plots to farmers from both the immediate area, and the local region. The company used this to claim that they cooperated with the farmers, allowing them to use the land until 2012.

In both cases, the farmers applied to the Land Acquisition and Investigation Commission, and other government departments concerned with land ownership, for the documents that would allow the farmers to repossess their lands. However, the Pho La Min Company and WVA have instead made a concerted effort to undermine the legal position of the farmers.

In 2013, 15 farmers from Khanwe Khabo Village, Pantanaw Township complained about the conduct of the groups retaining ownership of the land that violated the 2012 farmland law. On January 28th of that year, government authorities came to the fields, surveyed the area, found that it belonged to the farmers, and authorized them to use it immediately. When the farmers cultivated the land and grew crops on over 100 acres of the land, Pho La Min Company field manager U Hla Win filed cases against the farmers accusing them of trespassing in May 2013.

The cases are still going on and some farmers are already in jail.

Further details of the case can be found in the sample letter below, as usual.

ADDITIONAL INFORMATION:

The AHRC is aware of similar prosecutions in recent cases regarding previously confiscated land: AHRC-UAU-024 2014 , AHRC-UAC_117-2014 , AHRC-STM-154-2014 , AHRC-STM-162-2014 , AHRC-UAU-025-2014

For many more cases and issues concerning human rights in Burma, visit the AHRC's country homepage: http://www.humanrights.asia/countries/burma

SUGGESTED ACTION:

Please write a letter to the following government authorities to release the farmers as soon as possible, to dismiss the cases and give the lands back to the farmers.

Please note that for the purpose of the letter Myanmar is referred to by its traditional name, Burma.

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

SAMPLE LETTER:

Dear ___________,

MYANMAR: Private company and government official pursue false charges against farmers after government agency grants them use of their land.

Name of victim:

Over 200 farmers from the area were charged

Around 60 farmers received fines and some were imprisoned

Here are some who are facing in trial

Farmers from Kone Shan Gyi village and Sin Do village

1. U Kan Myint,

2. U Sein Than,

3. U Kan Aye,

4. U Ah Kyaw,

5. U Nay San,

6. U Barbu,

7. U Thaung Win,

8. U Pho Cho,

9. U Git Too,

10. U Soe Aung,

11. U Than Tun New,

12. U Mya Thaung,

13. U San Kin,

14. U Pho Htaung,

15. U Than Win Naing,

16. U Ko Phone,

17. U Aung Myint,

18. U Char Phit,

19. U Nga To

Farmers from Khanwekhabo village and Kyakhattaw village

1. U Aye Kyaw,

2. U Nyunt Maung,

3. U Kyaw Naing Oo,

4. U Hla Kywe,

5. U Maung Maung Naing,

6. U Pauk Sa

7. Ko Gin Mayi,

8. U Nyunt Maung,

9. U Aung That,

10. Daw Nan Mati,

11. U Pan Aye

Names of perpetrators:

1. U HLa Aung (War Veteran Association),

2. U Hla Win (field manager, Pho La Min Trading Company)

Cases Against Farmers: Penal Code Section 427 and Section 447, Section 143, 

ection 379

Places of Incident:

1: Moe Koke Dee Dote Kwin,

2: Kone Shan

3: Bawdinauk Kwin,

4: Khanwe Khabo and,

5: Kyakhattaw,

6:Chaung Gyi village, PyaLin Village tract

All villages of Pantanaw Township

I am writing to express my deep concern that farmers from Pantanaw Township has been prosecuted because they use confiscated lands that were supposed to have been returned to them after the new farmland law was enacted.

According to the information that I have received, in 1994-1995, a military battalion based in Pantanaw township, Pandaung, confiscated over 10,000 acres of farmlands without providing compensation to the original owners. They then transferred it to local military groups, the War Veteran Association (WVA), and private businesses. After 2012 the enactment of the Farmland law, and 2013 Farmers Rights Protection and Promotion of Interest Law, the farmers stopped paying rent because the Farmland Law revoked the applicable tenancy laws. The farmers also began applying the law to reclaim the previously confiscated land; as a result, the farmers got 800 acres of land back from the military.

WVA Land

In the mid 1990s, the military gave 200 acres to the WVA and the association rented the land back to original owners. While the farmers were renting the land they dug the ditches across the farmlands, made dykes and diverted water from Kyonekadoe stream to grow their crops. When the farmers stopped paying rent and asked for their land to be returned, in 2013, the WVA responded by claiming that they had permission from the government to operate a fish hatchery on the land. However, any such project had not yet commenced which meant that the WVA had failed to meet the standards of the law, thus they were still obligated to return the land. The WVA then began arresting farmers for theft and trespass. The accusations are based on the farming practices used during the tenancy period, which had supposedly damaged fish breeding ponds which had never existed.

Pho La Min Trading Company Land

The area known as “lowland plot No 720(B)” was confiscated in 1997 and 1998. Plot No 720(A) was confiscated in 2001 and 2002. These areas were supposed to be for the State Owned Lowland Rice Project on the orders of Senior General Than Shwe and Genaral Thura Shwe Mann, the latter is now the Speaker of the Burmese House of Representative. At some point prior to 2012, the authorities gave 2,384 acres to Pho La Min Trading Company Limited, which is owned by General Mann‘s family. The company leased plots to farmers from both the immediate area, and the local region. The company used this to claim that they cooperated with the farmers, allowing them to use the land until 2012.

In both cases, the farmers applied to the Land Acquisition and Investigation Commission, and other government departments concerned with land ownership, for the documents that would allow the farmers to repossess their lands. However, the Pho La Min Company and WVA have instead made a concerted effort to undermine the legal position of the farmers.

In 2013, 15 farmers from Khanwe Khabo Village, Pantanaw Township complained about the conduct of the groups retaining ownership of the land that violated the 2012 farmland law. On January 28th of that year, government authorities came to the fields, surveyed the area, found that it belonged to the farmers, and authorized them to use it immediately. When the farmers cultivated the land and grew crops on over 100 acres of the land, Pho La Min Company field manager U Hla Win filed cases against the farmers accusing them of trespassing in May 2013.

While many cases are still going on, some farmers are already in jail. Therefore, I urge the courts to dismiss the cases and the government to return the lands to original owner in accordance with law. I also urge the government to set the farmers free and help them protect their rights.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Lt-Gen. Ko Ko

Minister for 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

2. U Thein Sein

President of Myanmar

President Office

Office No.18

Naypyitaw

MYANMAR

3. 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

4. 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

5. 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

6. Thura U Aung Ko

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Pythu Hluttaw Office

Naypyitaw

MYANMAR

7. U Aung Nyein

Chairman

Pyithu Hluttaw Judicial and Legislative Committee

Committee for Public Complaints and Appeals

Office of the Amyotha Hluttaw

Naypyitaw

MYANMAR

8. 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

9. Daw Aung San Suu Kyi

Chairwoman

Pyithu Hluttaw Rule of Law and Tranquility Committee

Office of the Pyithu Hluttaw

Naypyitaw

MYANMAR

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

Document Type :Urgent Appeal Case

Document ID :AHRC-UAC-134-2014

Countries : Burma (Myanmar)

Issues : Corruption, Fabrication of charges, Judicial system, Land rights

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-134-2014