Dear friends,
The Asian Human Rights Commission (AHRC) is concerned about the case of a group of farmers who were accused of trespassing and destroying the teak field of a company, NRDC, in the forest reserve area in which the farmer had been growing their paddy for years. They were prosecuted and locked up in prison. Despite the fact that they pay regular taxes for the land; they had no chance to protect their property. The company received permission to grow teak in the area and occupied the paddy land used by the farmers.
Though the paddy fields of the farmers were destroyed they did not receive any compensation and were even were sued under the Forest Act. The concern person of the Forest Reserve Area promised to leave the paddy fields and pasturelands for the farmers. However, the company planted teak on the lands.
The farmers were prosecuted and punished by different sections on one ruling by the Pan Daung Township Judge. This is despite the fact that the judge could not punish any one case by different sections. The farmers seek justice for the rights abuses they have suffered.
CASE NARRATIVE:
Magyi Pin, Kyar Inn village is located on Dandalon village tract, Pandaung Township, Pyay District, in the Western Part of the Bago Region. In 1966, government made a law in order to make paddy fields in the forest reserve area and gave the farmers legal documents for it. The farmers were able to borrow money from the government to establish the paddy land. In turn the handed over the produce and regularly paid tax on the land. As the Forest Department, in 1985, had planted teak in the Phan Khar Pin forest reserve area, forester U Myint Htay allocated pastureland for teak to the farmers and villagers. In 1994/1995, the Forest Directorate made a list of paddy land in the area and allowed the farmers to pay 2000 to 3000 kyats for one acre and gave temporary tickets to cultivate for paddy land.
In 1999 the Nyaung Kine Dam was constructed which flooded five villages in the Dandalon village area and 700 households had to be moved to a place near Nyaung Shay village.
At that time, U Aye Min Lwin and Major Zaw Min, the Officer-in-Charge of Troop 66, said they planned new houses with water and electricity and paddy land for the flooded families. However, the families have never received new housing or any form of compensation for the land they lost.
In 2001 at Dandalon Village School, Home Affairs Minister U Tin Hlaing, Mayor U Aung Thein Lin and MaYaKa, the president of Pandaung Township U Myint Tin met with the villagers from the from 700 households and inquired as to their difficulties. The villagers related their problems and difficulties and asked for a place to live instead of their flooded cultivated land. They wanted new uncultivated land from the Phan Khar Pin forest reserve area and a Government School for their children. U Tin Hlaing, the Minister of Home Affairs, duly gave orders for the contribution of seven acres of uncultivated land for each family and for the provision of a Government Schooled in order to fulfill villagers’ request. The order was passed to U Hla Soe, commander of the military region and U Myint Tin, MaYaKa president and the person in charge of the problem.
According to the order for implementation of the paddy land, forester U Kyi Win and the minister of the Ministry of Agriculture and Irrigation instructed that the villagers could live in any area providing it was 500 yards away from the dam. Forester U Kyi Win stated that as the forest reserve area had not been cultivated for over 22 years there was no objection to this.
The Settlement and Land Records Department measured the land for the Government School and as the farmers had already worked on the land, the Land Committee gave them the paddy land tax receipt for the land. The Committee collected 500 kyats a year and supplied paddy production record books. Furthermore, the Township Forest Department offered to grant temporary ticket to grow paddy in forest reserve area for the compensation of 7 acres of land. However, U Tin Hlaing ordered that the farmers did not have to pay the 2000 to 3000 kyats for the one acre tax to the Forest Department regularly but rather pay legal land tax.
In 2008, General Mya Zaw arrived at the Kyar Inn village to call for meeting with the villagers. U Myo Myint announced that one company, NRDC, will work at the Forest Reserve Area but leave land and pasture for them. Since that time, NRDC started to grow teak in the area though they did not get legal authority from government and started to occupy the farmer’s land by force. Then in 2010, NRDC made received a legal contract of permission to use 500 acres of land, by Order No 10/2010 dated 31 March, 2010, and a further 12,50 acres of land, by Order No 52/2012 on 2012. However, they have never produced these Orders in Court. Since then the NRDC has expanded the planting of teak in the area.
Moreover, the company, in 2011, dug a well for their base camp on about one acre of land at U Pho Thein and Daw Ngwe Yee without receiving permission and giving any compensation. The on 1 April, 2012, the company fired the forest land without informing the farmers. As a result the soy bean fields of U Aung Ko, U Mar Ku and U Pho Thaut Kyar’s son U Than Tun were destroyed and U Aung Ko and U Min Min’s huts were burnt down.
On 4 April the farmers informed the Pan Daung Township Administration, the Police Station and Fire Station but no action was taken. U Maung Nyo, U Tin Hla, U Aung Tin Win were fined and forced to work as their cows and buffalos had entered the company’s teak field. Over 10 acres of field which was connect with the paddy fields of U Nyo and U Tin Maung were forcibly occupied by the company in order to grow teak and the employees stole the cart and chickens belonging to U Than Tun who later died in police custody.
The company manager, U San Maw, prosecuted the farmers, accusing them of trespassing and destroying a teak field on 6 July, 2012, at Pandaung Police Station. However, as he felt that the police took too long to take action on 5 January, 2013, he applied directly to the Pandaung Township Court. However, according to U San Maw, the Pandaung Township Police Station made a lawsuit to U Sapal with six others by Section 447/427. By advice from the legal adviser they changed it to the Forest Act 40 (C)/ 43(A). Other farmers were sued by different case number with the same section.
The farmers state that they are innocent of the accusations of trespass and destruction of the teak fields. They were sued and attended court on 37 occasions. As a result they faced different problem for their living and were sentenced to terms of imprisonment.
ADDITIONAL COMMENTS:
The case is important as Burma moves towards a market-oriented system, more and more farmers are facing instances of attempted land confiscation and coercion from powerful and connected businesses. The legal system is incapable of stopping these business interests from getting their way. As the political system also is changing towards a superficially semi-civilian arrangement with more powers vested at state and regional levels, it is likely that cronyism and political influence through economic interests will increase considerably. This case also shows how the private, public and military interests in such cases all get conflated, making it very difficult for rural residents to fight against the complex of military, economic and political powers pushing forward these types of projects.
REQUESTED ACTION:
Please write to the persons listed below to call for the case against the assaulted farmers to be dropped, for a case to be opened against the assailants, and for the farmers’ complaints about illegal takeover of their land to be taken up properly in court. Please note that for the purposes of the letter Burma is referred to by its official name, Myanmar.
Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on Myanmar and on the independence of judges and lawyers, and to the regional human rights office for Southeast Asia calling for interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Group of farmers prosecuted and imprisoned by accused destroying of teak field of a company
Names of farmers being prosecuted: 1. U Saple,2. U Tin Hla, 3.U Ba Din, 4.U Tun Kyaung, 5.U Aung Ko, 6.U Phay Chaw, 7.U Aung Naing Win, 8.U Phin Pain, 9. U Kyi Win, 10. U Moe Win, 11. U Kyaw Win, 12. U Mya Win, 13. U Htay Win, 14. U Than Zaw Oo, 15. U Cho Win, 16. U Day, 17. U Than Tun, 18. U Pho Kyar, 19. U Maung Lin, 20. U Aung Tun, 21. U Tin Hla, 22. U Thar Din, 23. U Pho Shwe, 24. U Pho Ngwe, 25. U Aung Naing Win, 26. U Aung Moe Naing, 27. U Min Min
Names of imprisoned farmers: 1. U Saple, 2. U Tin Hla, 3. U Min Min, 4. U Ba Din, 5. U Mya Win, 6. U Than Tun (died in custody), 7. U Aung Tin Win — Case No. 147/2013, Pandaung Township Court, 18-2-2014, imprisoned for 1 year and 9 months under Forest Act 43(A)/ 40(C)
1.U Tin Hla (same person as above), 2. U Thar Din, 3. U Pho Shwe, 4. U Pho Ngwe, 5. U Aung Moe Naing, 6. U Aung Tin Win(same person as above) — Case No. 148/2013, Pandaung Township Court, 18-2-2014, imprisoned for 6 months under Forest Act 43(A) — U Pho Kyar, Case No. 36/13, Pandaung Township Court, 18-2-2014, imprisoned for 8 months under Forest Act 43(A) — U Maung Lin Case No. 35/13, Pandaung Township Court, 18-2-2014, imprisoned for 3 years under Forest Act 43(A)
Names of fined farmers: 1. U Saple,2. U Tin Hla, 3.U Ba Din, 4.U Tun Kyaung, 5.U Aung Ko, 6.U Phay Chaw, 7.U Aung Naing Win, 8.U Phin Pain, 9. U Kyi Win, 10. U Moe Win, 11. U Kyaw Win, 12. U Mya Win, 13. U Htay Win, 14. U Than Zaw Oo, 15. U Cho Win, 16. U Day, 17. U Than Tun, 18 —
Case No 61/13, Pandaung Township Court under the Penal Code Section 341 and 352, fined 500 kyats for each section
Judge’s Name and Location: Daw Nan Yin May Pandaung Township Judge, Pandaung Township Court, Pyay District, Bago Region.
I am writing to you regarding a case of special concern with the farmers from Pandaung Township with NRDC Company in the Phan Khar Pin forest reserve area.
Magyi Pin, Kyar Inn village is located on Dandalon village tract, Pandaung Township, Pyay District, in the Western Part of the Bago Region. In 1966, government made a law in order to make paddy fields in the forest reserve area and gave the farmers legal documents for it. The farmers were able to borrow money from the government to establish the paddy land. In turn the handed over the produce and regularly paid tax on the land. As the Forest Department, in 1985, had planted teak in the Phan Khar Pin forest reserve area, forester U Myint Htay allocated pastureland for teak to the farmers and villagers. In 1994/1995, the Forest Directorate made a list of paddy land in the area and allowed the farmers to pay 2000 to 3000 kyats for one acre and gave temporary tickets to cultivate for paddy land.
In 1999 the Nyaung Kine Dam was constructed which flooded five villages in the Dandalon village area and 700 households had to be moved to a place near Nyaung Shay village.
At that time, U Aye Min Lwin and Major Zaw Min, the Officer-in-Charge of Troop 66, said they planned new houses with water and electricity and paddy land for the flooded families. However, the families have never received new housing or any form of compensation for the land they lost.
In 2001 at Dandalon Village School, Home Affairs Minister U Tin Hlaing, Mayor U Aung Thein Lin and MaYaKa, the president of Pandaung Township U Myint Tin met with the villagers from the from 700 households and inquired as to their difficulties. The villagers related their problems and difficulties and asked for a place to live instead of their flooded cultivated land. They wanted new uncultivated land from the Phan Khar Pin forest reserve area and a Government School for their children. U Tin Hlaing, the Minister of Home Affairs, duly gave orders for the contribution of seven acres of uncultivated land for each family and for the provision of a Government Schooled in order to fulfill villagers’ request. The order was passed to U Hla Soe, commander of the military region and U Myint Tin, MaYaKa president and the person in charge of the problem.
According to the order for implementation of the paddy land, forester U Kyi Win and the minister of the Ministry of Agriculture and Irrigation instructed that the villagers could live in any area providing it was 500 yards away from the dam. Forester U Kyi Win stated that as the forest reserve area had not been cultivated for over 22 years there was no objection to this.
The Settlement and Land Records Department measured the land for the Government School and as the farmers had already worked on the land, the Land Committee gave them the paddy land tax receipt for the land. The Committee collected 500 kyats a year and supplied paddy production record books. Furthermore, the Township Forest Department offered to grant temporary ticket to grow paddy in forest reserve area for the compensation of 7 acres of land. However, U Tin Hlaing ordered that the farmers did not have to pay the 2000 to 3000 kyats for the one acre tax to the Forest Department regularly but rather pay legal land tax.
Phan Khar Pin Forest Reserve area, 4032 acre of forest area from No(1) to (6), was located as Forest Reserve Area since colony era in Myanmar. 200 farmers from Dandalon, Thetkalmyaung, Nyaung Phyu, Kyar Inn and Phan Khar Pin villages were planting paddy in the Forest area.
In 2008, General Mya Zaw arrived at the Kyar Inn village to call for meeting with the villagers. U Myo Myint announced that one company, NRDC, will work at the Forest Reserve Area but leave land and pasture for them. Since that time, NRDC started to grow teak in the area though they did not get legal authority from government and started to occupy the farmer’s land by force. Then in 2010, NRDC made received a legal contract of permission to use 500 acres of land, by Order No 10/2010 dated 31 March, 2010, and a further 12,50 acres of land, by Order No 52/2012 on 2012. However, they have never produced these Orders in Court. Since then the NRDC has expanded the planting of teak in the area.
Moreover, the company, in 2011, dug a well for their base camp on about one acre of land at U Pho Thein and Daw Ngwe Yee without receiving permission and giving any compensation. The on 1 April, 2012, the company fired the forest land without informing the farmers. As a result the soy bean fields of U Aung Ko, U Mar Ku and U Pho Thaut Kyar’s son U Than Tun were destroyed and U Aung Ko and U Min Min’s huts were burnt down.
On 4 April the farmers informed the Pan Daung Township Administration, the Police Station and Fire Station but no action was taken. U Maung Nyo, U Tin Hla, U Aung Tin Win were fined and forced to work as their cows and buffalos had entered the company’s teak field. Over 10 acres of field which was connect with the paddy fields of U Nyo and U Tin Maung were forcibly occupied by the company in order to grow teak and the employees stole the cart and chickens belonging to U Than Tun who later died in police custody.
The company manager, U San Maw, prosecuted the farmers, accusing them of trespassing and destroying a teak field on 6 July, 2012, at Pandaung Police Station. However, as he felt that the police took too long to take action on 5 January, 2013, he applied directly to the Pandaung Township Court. However, according to U San Maw, the Pandaung Township Police Station made a lawsuit to U Sapal with six others by Section 447/427. By advice from the legal adviser they changed it to the Forest Act 40 (C)/ 43(A). Other farmers were sued by different case number with the same section.
The farmers state that they are innocent of the accusations of trespass and destruction of the teak fields. They were sued and attended court on 37 occasions. As a result they faced different problem for their living and were sentenced to terms of imprisonment.
I am concerned that as Myanmar moves towards a market-oriented economy its legal system has not been adapted or strengthened in response, these types of cases will become more and more common. I am particularly concerned at how the case shows the nexus between private company and economic interests in Myanmar. For these reasons, I demand that everything possible be done to protect the farmers in this case, and in other cases like it.
I also urge that though the decision of the judge is not justice and sentence to imprisonment is not the right way to solve the problem, the case be reconsidered and the farmers be set free as soon as possible. They should receive just compensation for their human rights abuses and for the loss of their land.
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)
