BURMA: More farmers complain about illegal destruction of crops 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-307-2006
ISSUES: Right to food,

Dear friends,

The Asian Human Rights Commission (AHRC) has received documents and information from the Yoma 3 news service (Thailand) that another group of farmers in the delta region of Burma have complained that crops have been flooded due to the destruction of irrigation embankments by local officials. In recent times, other complaining farmers or their supporters have themselves been prosecuted. Close attention to this case is needed to see that the farmers’ complaint is heard and that they are not threatened by local authorities.

On 31 July 2006 farmer Ko Tin Aung on behalf of himself and 12 others submitted letters of complaint to the departments of agriculture and fisheries in Burma. In his complaints he said that on July 8 local administration officials together with some workers came and illegally destroyed irrigation embankments in Set-hsan village tract of Bogalay that had been used since 1995. As a result, 86 acres of rainy season paddy crops were flooded out of a total 463 acres being cultivated by the 13 farmers.

Tin Aung notes in his letters that on June 30 the fisheries department had ordered the demolition of embankments where it would not cause damage to the paddy crop, in consultation with concerned farmers. But he says that none of the 13 farmers who lost their crops were consulted by the authorities before they broke the embankments.

According to various sources, the reason for the destruction of the embankments is to make use of the water, under contract, for fisheries.

One source has said that after Tin Aung repaired and replanted the 30 acres of his own land that were flooded then a team of officials–including some involved in the original action–came to see and take photographs, allegedly threatening him that they would lodge a case against him for making a false complaint, like other persons in the region who have dared to do so.

BACKGROUND INFORMATION:

The AHRC has already reported on how U Tin Nyein, also from Bogalay, was in March sentenced to 2 years’ jail for complaining about destruction of his crops by the authorities there (UA-155-2006).

Similarly, in August U Tin Kyi was sentenced to four months in jail for supposedly insulting government authorities over a government agricultural project also involving concessions to a businessman (UA-292-2006).

In December 2005 two other farmers in Bogalay, U Aye Min and U Win Nyunt, were sentenced to jail for complaining about extortion of money from farmers by local officials (UA-071-2006 and UP-054-2006).

And lawyer U Aye Myint who helped farmers in Pegu lodge a similar complaint was himself jailed as a result and only released after heavy international pressure (UA-119-2005UP-125-2006UP-139-2006).

These are just a handful of cases from a few areas of Burma. Across most of the country, farmers face coercive government practices, many of which were documented in detail in the 1999 Voice of the Hungry Nation report of the People’s Tribunal on Food Scarcity and Militarisation in Burma, as well as the lack of opportunities for complaint against officials in that country. Increasingly, short-sighted, ill-advised and thoroughly corrupted joint projects between government ministries and “national entrepreneurs” are causing serious misery to farmers in the country. See for instance a recent article in The Irrawaddy magazine (Thailand) on the authorities’ enthusiasm for growing physic (castor oil) plants: A nutty idea.

Further discussion on these and related topics can be found on the AHRC Burma homepage: http://burma.ahrchk.net.

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SUGGESTED ACTION:

Please write to the agriculture minister calling for a proper investigation into the complaint of Ko Tin Aung, and to ensure that there is no punitive action taken against him.

Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Irrawaddy as Ayeyawaddy.

Please also note that–as many readers will be aware–government ministries in Burma have in recent times been relocated to the new capital of “Naypyitaw” in the centre of the country. Until such a time as the AHRC has reliable contact information for ministries there, we are continuing to use the addresses in the former capital.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

MYANMAR: Complaints of Ko Tin Aung & 12 others concerning destruction of agricultural land in Bogalay Township

Names of victims: Ko Tin Aung, farmer, of Bhyaing Chaung village, Set-hsan village tract, Bogalay Township, Pyapon District, Ayeyawaddy Division and 12 others 
Names of alleged perpetrators: 
1. U Aung Swe Myint, Chairman, Set-hsan Village Tract Peace & Development Council
2. U Thein Lwin, 100 house head, Bhyaing Chaung village; together with around 20 labourers
Date of incident: 8 July 2006

I am writing with regards to the 31 July 2006 complaint of farmer Ko Tin Aung of Set-hsan village tract in Bogalay on behalf of himself and 12 others concerning the destruction of rainy season paddy due to government authorities' negligence (sent to the Department of Agriculture, Naypyitaw, Pyinmana).

According to his complaint, on June 30 the local Department of Fisheries office issued an order for the demolition of unauthorised irrigation embankments, in consultation with farmers, and where no damage would be caused to crops.

However, on July 8 the village tract chairman, U Aung Swe Myint led officials and workers, together with two businessmen, U Kyaw Htun & U Aye Lwin, to whom contracts had been awarded, to destroy embankments without consulting the farmers. As a result, Ko Tin Aung and 12 others who have submitted names and signatures lost 86 acres of rainy season paddy, out of a total 463 acres that they are cultivating.

I urge you to ensure that this complaint is properly investigated, and if wrongdoing is found to have occurred, to ensure that the concerned persons are punished.

I have heard of many instances in recent times where farmers in Myanmar who have complained about negligence or corruption among local officials have instead themselves been put in jail. I urge you to ensure that this is not the outcome of this case, and that without regard to other factors there will be no sanctions against U Tin Aung or any of the other farmers concerned, due to his complaint.

It is well known that the government of Myanmar places a strong emphasis on the development of agriculture. Successful agricultural development depends upon active participation by farmers. This means more than invitations for meetings to be told government policy, or even exchange of ideas at such events. It means that where abuse of power, corruption and other wrongdoing occurs, it is possible for complaints to be made, investigated and where found to be true, for those responsible to be punished. I therefore urge that in this and every such case the allegations must be taken seriously and treated accordingly.

I look forward to your intervention to protect the needs and interests of farmers in Myanmar. 

Yours sincerely

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PLEASE SEND YOUR LETTERS TO:

Maj-Gen. Htay Oo
Minister of Agriculture & Irrigation
Ministry of Agriculture & Irrigation
Thiri Mingalar Lane
Kaba Aye Pagoda Road
Yankin
Yangon
MYANMAR
Tel. +951 665 601 
Fax: +951 663 984
E-mail: dap.moai@mptmail.net.mm


PLEASE SEND COPIES TO:

1. Lt-Gen. Soe Win
Prime Minister
c/o Ministry of Defence
Signal Pagoda Road
Yangon
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624

2. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Corner of Saya San Street and No 1 Industrial Street,
Yankin Township
Yangon
MYANMAR
Tel: +951 250 315 / 374 789
Fax: +951 549 663 / 549 208

3. U Aye Maung 
Attorney General
Office of the Attorney General
101 Pansodan Street 
Kyauktada Township
Yangon 
MYANMAR
Fax: + 95 1 371 028/ 282 449 / 282 990

4. Brig-Gen. Thura Myint Aung
Commander of Southwest Command
Chairman
Ayeyawaddy Division Peace & Development Council
Pathein, Ayeyawaddy Division
MYANMAR

5. Professor Paulo Sergio Pinheiro
Special Rapporteur on Myanmar
Attn: Ms. Audrey Ryan
Room 3-090
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 9179 281
Fax: + 41 22 9179 018 (ATTN: SPECIAL RAPPORTEUR MYANMAR)
E-mail: aryan@ohchr.org

6. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066 
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010


Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-307-2006
Countries : Burma (Myanmar),
Issues : Right to food,