Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that a Labour rights’ activist is being prosecuted for allegedly trespassing on land confiscated by the military. She was arrested in July 2015. The charge relates to her helping farmers’ whose land was seized in the Bago Region. She visited the region several times to discuss with authorities the claims of farmers on behalf of their land.
CASE NARRATIVE:
Su Su Nway, a well-known Labour rights activist was arrested on 23 July 2015 on a public bus when she was returning to Yangon from Nyaunglaybin Township. She has assisted farmers in land grabbing issues. About 30 police personnel from the Inn Da Kaw Township ordered the bus driver to drive directly to the police station to arrest her while other passengers were still on board. She was later brought to Bago Prison. The military filed a case against her in early June as she was allegedly trespassing on army land. She took part in helping Inn Da Gaw Township farmers in their complaints about their confiscated lands.
More than 5800 acres of land from the Thayargone village, In Da Gaw Township were appropriated by the army in 1993. Villlage leaders were ordered by the army to inform the land owners by 1996. Since then, the farmers asked for permission to grow rice on their lands, paying a fee to the army. After 1996 as the lands became army property, there was no tax collection from the farmers. But, military personnel arbitrarily took tax receipts from the farmers paid in previous decades.
In late 1996, the army provided some acres of land for the villagers to build their homes. However, it was not compensation for their lost lands. Farmers had to pay one thousand five hundred kyats (1.5 USD) to get a small piece of land for a house. Due to lack of money, some could not afford anything even for a small property
When the army grabbed the lands, there was no compensation paid, which was illegal. So, Su Su Nway, helped to write letters of complaint to the Commander-in-Chief of the Defence Services, the President and concerned departments to remedy the situation. In 2013, ignoring the local peoples’ request, the military built a wall, three miles long, across the lands. Entrances to the villages were blocked by the wall and children faced difficulties to get to school. Worst of all, the military forced the farmers to destroy their homes on the lands seized in 2014. Because the farmers refused to follow this order, their rice fields were destroyed by the soldiers.
Rights activist Su Su Nway went to the area several times to negotiate with the authorities. In September 2014 she tried to prevent violence erupting between the soldiers and the villagers. Armed with sticks, machetes and homemade local weapons, the farmers protested for the return of their lands. The Captain in charge of the confiscated lands said he would prosecute Su Su Nwey. Later he withdrew his threat. But in early June 2015, the military filed a lawsuit against her for allegedly trespassing military land. She is now in Bago prison awaiting trial.
Further details are provided in the sample letter below.
BACKGROUND INFORMATION:
Su Su Nway for years has been well known as a prominent voice fighting for farmers’ rights. She has been sentenced several times during the military regime. Her latest release was in 2011 with the Presidental Amnesty. Since then she has been working as head of the Myanmar Farmers Union.
A section of law, now being used with monotonous regularity in Myanmar, is Section 447 of Burma’s Penal Code. It is used to imprison democracy activists, farmers, striking workers and others who dare to claim the right to occupy land or premises owned by the military, cronies and other powerful capitalists. For the most part these lands have been obtained by force, fraud, or illicit methods.
For 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 requesting that they dismiss this case and release Su Su Nway as soon as possible. Please also be informed that the AHRC is writing separate letters to the Special Rapporteurs on the situation of human rights in Myanmar and, the regional office in Bangkok, calling for their interventions into this matter.
Do note that for the purpose of the letter Burma is referred to by its official name, Myanmar.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………,
BURMA/MYANMAR: Labour rights activist prosecuted for trespassing on confiscated land
Name of victim: Su Su Nway
Date of incident: 2013- 2014
Date of arrest: 23 July 2015
Place of incident: Thayargone village tract, In Da Gaw Township, Bago Region, Myanmar
Case details: Section 447 of the Penal Code, case number 3983/2015, Thaegone Township Court
I am disturbed to learn that Su Su Nway, a well-known Labour rights activist was arrested on 23 July 2015 on a public bus when she was returning to Yangon from Nyaunglaybin Township. She has assisted farmers in land grabbing issues. About 30 police personnel from the Inn Da Kaw Township ordered the bus driver to drive directly to the police station to arrest her while other passengers were still on board. She was later brought to Bago Prison. The military filed a case against her in early June as she was allegedly trespassing on army land. She took part in helping Inn Da Gaw Township farmers in their complaints about their confiscated lands.
More than 5800 acres of land from the Thayargone village, In Da Gaw Township were appropriated by the army in 1993. Villlage leaders were ordered by the army to inform the land owners by 1996. Since then, the farmers asked for permission to grow rice on their lands, paying a fee to the army. After 1996 as the lands became army property, there was no tax collection from the farmers. But, military personnel arbitrarily took tax receipts from the farmers paid in previous decades.
In late 1996, the army provided some acres of land for the villagers to build their homes. However, it was not compensation for their lost lands. Farmers had to pay one thousand five hundred kyats (1.5 USD) to get a small piece of land for a house. Due to lack of money, some could not afford anything even for a small property
When the army grabbed the lands, there was no compensation paid, which was illegal. So, Su Su Nway, helped to write letters of complaint to the Commander-in-Chief of the Defence Services, the President and concerned departments to remedy the situation. In 2013, ignoring the local peoples’ request, the military built a wall, three miles long, across the lands. Entrances to the villages were blocked by the wall and children faced difficulties to get to school. Worst of all, the military forced the farmers to destroy their homes on the lands seized in 2014. Because the farmers refused to follow this order, their rice fields were destroyed by the soldiers.
Rights activist Su Su Nway went to the area several times to negotiate with the authorities. In September 2014 she tried to prevent violence erupting between the soldiers and the villagers. Armed with sticks, machetes and homemade local weapons, the farmers protested for the return of their lands. The Captain in charge of the confiscated lands said he would prosecute Su Su Nwey. Later he withdrew his threat. But in early June 2015, the military filed a lawsuit against her for allegedly trespassing military land. She is now in Bago prison awaiting trial.
According to the Land Acquisition Act, if the military needs certain lands the government can seize the lands but they must give compensation. However, these lands were seized not in accordance with the law. The original owners are regarded as trespassers and are prosecuted. Activists who are helping the farmers also have had cases filed against them.
The prison where Su Su Nway is being held cannot provide her with proper medical care; I have serious concerns about her health. As the country claims to be heading towards democratic change, charges against activists should be dismissed as soon as possible. Furthermore, I urge the government to drop the charges against Su Su Nway and release her immediately. It is up to the government to solve the In Da Gaw Township farmers problem, provide land for cultivation and provide proper compensation.
I look forward to your positive and effective response in this case.
Yours Sincerely,
—————-
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
Fax: +95 67 412 439
2. U Thein Sein
President of Myanmar
President’s 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
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
Fax: +95 67 404 146/ 106
5. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Pythu Hluttaw Office
Naypyitaw
MYANMAR
6. U Aung Nyein
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the Amyotha 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. 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)
