Dear friends,
The Asian Human Rights Commission (AHRC) has obtained information that farmers in the Delta region of Burma are being prosecuted by the Burmese army. The army has accused them of trespassing on paddy land, which originally belonged to the farmers but was confiscated by army captains at gunpoint. The farmers face trial in several cases lodged against them; this has turned their life upside down.
CASE NARRATIVE:
In 1997-1998, Ponemawaddy Navy Headquarter, the 51 Infantry Battalion, and No. 6 Pathein Training Battalion confiscated 250 acres of land from farmers of Thabaung Township, Ayeyarwaddy Region. The original landowners have had no choice but to continue farming their land. However, in November 2013, Battalion Captains have prosecuted the landowners who have attempted to cultivate the land, under Penal Code Section 447/427.
The Commander-in-Chief of the Defence Services has since ordered the Ayeyarwaddy regional government to order the battalions to return the land to the original owners. The military shall relinquish the land to the owners if the land is not occupied for a special project, said the Commander-in-Chief of the Defence Services.
For its part, Ayeyarwady Regional Government has ordered the Battalions to transfer back the land as soon as possible but no farmers have received their land back. According to Ayeyarwady Regional Government, village leaders and Settlement and Land Records Department have “recorded” the land.
However, the farmers have not got back their land to date.
Battalions and Military Units under the Ministry of Defence did transfer the land to the General Administrative Department and the Settlement and Land Records Department. However, the Battalions, the Military Units, and the Settlement and Land Records Department in the Ayeyarwaddy Region have conspired to sell the land to businessmen, rather than ensure its return to the rightful owners.
According to the Commander-in-Chief of Defence Services, the 51 Infant Battalion from Myan Aung confiscated 50 acres of land, and the Ponemawaddy Navy Headquarter confiscated 200 acres; they need to relinquish 50 and 200 acres respectively. Additionally, according to the Commander-in-Chief, No. 6 Pathien Training Battalion confiscated 193.69 acres, and need to relinquish 52 acres. Farmers are using a total of 111 acres of this confiscated paddy land right now, and a total of 89 acres are lying fallow.
When they first grabbed the land, nearly two decades ago, army officers threatened the farmers not to step into the flooded areas of the paddy field. If they dared to enter the areas they would be arrested or shot, they were told. As a result of this threat, farmers stopped growing paddy on the land. The land became uncultivated and abandoned. Once this land became virtual jungle, the Settlement and Land Records Department and a Senior Administrative Officer decided to mark it as vacant, fallow, and virgin land; subsequently they transferred the land to the army units.
When the land was confiscated, the authorities involved did not follow the law of state ownership of agricultural land; rather, the land was grabbed at gunpoint. There was no compensation for the land either. Later, the Battalions and Units in fact offered tenancy to the farmers to grow paddy on the land; they enriched themselves on the misery of the farmers in this way. Despite the new land law having countermanded the tenant land law, the farmers still had to utilize the land for paddy.
Now the military units have prosecuted the farmers, the owners of the land, by accusing them of trespassing and damaging their land. There are several cases faced by the farmers; they cannot work; and they spend whatever money and time they have to go to trial. The cases are ongoing, and the farmers have no respite despite it being rainy season, i.e. the time to grow paddy.
REQUESTED ACTION:
Please write a letter to the following government authorities to urge them to dismiss the case against farmers and return their land back quickly. Please note that for the purpose of the letter, Burma is referred to by its official name, Myanmar.
Please also be informed that the AHRC is writing separate letters to the Special Rapporteur on human rights in Myanmar, on the independence of judges and lawyers, on the Right to Food, and the regional office of the OHCHR in Bangkok, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………,
MYANMAR: Army prosecutes farmers for trespassing on their own land
Names of victims: Soe Win, Soe Than, Thein Tun, Daw Than Than Htay, Daw Htay Htay, Ahr Si Lat, U Ah Maw including 57 peoples
Farmers are resident of Gone Min and Own Pin Su Villages, Thabaung Township, Ayeyarwady Region
Names of alleged perpetrators: Captain Own Kyaw, Ponemawaddy Navy Headquarter, Captain Aung Win, 51 Infantry Battalion, Captian Soe Ye Htut, No.6 Pathien Training Battalion
Date of incident: November 2013 and Ongoing
Cases against farmers: Penal Section 447/427, Case No. 26/2014, Case No. 167/2014, Case No. 194/2013, Case No. 61/2014, Case No. 62/2014, Thabaung Township Court, Ayeyarwady Region
Penal Code Section 447, Case No. 63/2014, Case No.64/2014, Case No. 112/2014, Thabaung Township Court, Ayeyarwady Region
Place of Incident: Thabaung Township, Ayeyarwady Region, Myanmar
I am upset to hear that Captains from army battalions are persecuting farmers from the Ayeyawady Delta. According to the information that I received Ponemawady Navy Headquarter, which is 100 miles far away from villages, and 51 Infantry Battalion, Myan Aung Town, and No. 6 Pathien Training Battalion, confiscated 250 acres of land from 29 farmers of Own Pin Su village, Thabaung Township, Ayeyarwady Region in 1997-1998.
And, now Captain Aung Win, Captain Soe Ye Htut, and Captain Own Kyaw from the respective battalions have prosecuted the land owners who tried to grow the paddy on the land, under Penal Code Section 447/427.
The Commander-in-Chief of the Defence Services ordered the Ayeyarwady regional government to order the battalions to return the land to the original owners. The military shall relinquish the land to the owners if the land is not occupied for a special project, said the Commander-in-Chief of the Defence Services.
For its part, Ayeyarwady Regional Government ordered the Battalions to transfer back the land as soon as possible but no farmers have received their land back. According to Ayeyarwady Regional Government, village leaders and Settlement and Land Records Department have “recorded” the land. However, the farmers have not got it back.
Following Burma’s move from a dictatorship to a country having some of the trappings of democracy, the administration is now giving back the land to farmers and original owners. But there is widespread corruption in the process.
In this case, Battalions and Military Units under the Ministry of Defence did transfer the land to the General Administrative Department and the Settlement and Land Records Department. However, the Battalions, the Military Units, and the Settlement and Land Records Department in the Ayeyarwaddy Region have conspired to sell the land to businessmen, rather than ensure its return to the rightful owners.
According to the Commander-in-Chief of Defence Services, the 51 Infant Battalion from Myan Aung confiscated 50 acres of land, and the Ponemawady Navy Headquarter confiscated 200 acres; they need to relinquish 50 and 200 acres respectively. Additionally, according to the Commander-in-Chief, No. 6 Pathien Training Battalion confiscated 193.69 acres, and need to relinquish 52 acres. The farmers are using 111 acres of this confiscated paddy land right now, and a total of 89 acres are lying fallow.
When they first grabbed the land, nearly two decades ago, army officers threatened the farmers not to step into the flooded areas of the paddy field. If they dared to enter the areas they would be arrested or shot, they were told. As a result of this threat, farmers stopped growing paddy on the land. The land became uncultivated and abandoned. Once this land became virtual jungle, the Settlement and Land Records Department and a Senior Administrative Officer decided to mark it as vacant, fallow, and virgin land; subsequently they transferred the land to the army units.
When the land was confiscated, the authorities involved did not follow the law of state ownership of agricultural land; rather, the land was grabbed at gunpoint. There was no compensation for the land either. Later, the Battalions and Units in fact offered tenancy to the farmers to grow paddy on the land; they enriched themselves on the misery of the farmers in this way. Despite the new land law having countermanded the tenant land law, the farmers still had to utilize the land for paddy.
Now the military units have prosecuted the farmers, the owners of the land, by accusing them of trespassing and damaging their land. There are several cases faced by the farmers; they cannot work; and they spend whatever money and time they have to go to trial. The cases are ongoing, and the farmers have no respite despite it being rainy season, i.e. the time to grow paddy. The right to livelihood is a fundamental human right, which is being denied to the farmers.
I urge you to take immediate action against the Captains who, despite the commands of the Commander-in-Chief of the Defence Services and the Ayeyawady Regional Government, refuse to return the land to the rightful owners. This issue must be taken into consideration by local authorities, including elected representatives from the locality; a remedy needs to be found. The land needs to be transferred to the farmers as soon as possible and cases against them should be dismissed.
I look forward to your immediate attention in this matter.
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 for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079
+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+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+ 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145+ 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+95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
