Dear friends,
The Asian Human Rights Commission has learned that 65 farmers in Myanmar (of the Kanbalu Township, Shwebo District, Sagaing Division) are languishing in prison for ploughing their own fields, and over 350 more are headed for the same fate. This miscarriage of justice continues be-cause, in the words of the No. 1 Kanbalu Township judge, the military is telling the courts what judgments to make. The situation came to a head when the military destroyed the fields of the farm-ers during a “training exercise” but then charged the farmers with trespass and destruction of mili-tary agricultural land. This incident illustrates the reality of the land grabbing culture practiced by Myanmar military officers, which has wreaked havoc on the lives and livelihoods of farming commu-nities across Myanmar.
CASE NARRATIVE:
In 1997, No. 2 Shwe Bo Logistics Battalion confiscated over 3,000 acres of land, for a sugarcane plantation project, from Khaowntha, Paygyi, Htautsharai, and Ngetpyawtine villages, without providing any compensation in accordance with the Land Acquisition Act. The land was then handed over to, and contin-ues to be operated by, the 13th and 16th Light Infantry Battalions, under the 33rd Light Infantry Division. Then, in 1999, over 10,000 acres of land in the area was seized by Logistics Battalion and transferred to the Myanmar Economic Corporation for the establishment of a sugar production factory. Again, no compensation for the land was provided to the original owners. This made these confiscations nothing more than illegal land grabs.
In time, the farmers, finding that their land was still lying fallow, began to till the same. However, the military subsequently destroyed the farmer’s agricultural work during a “training exercise”, while simultaneously accusing the farmers of having destroyed the military’s own sugarcane fields. Since this time, the farmers have been on strike and have even held ploughing contests on the land.
The military officials tried to prosecute the farmers last year, but the township police station and court re-fused to file the case, as the farmers were able to provide legal documents proving ownership (e.g. tax records). However, after the President informed Parliament on July 2nd that the government could not return over 350,000 acres of confiscated land, as the Myanmar State was using the same, the military recommenced its efforts to prosecute the farmers.
The military has filed cases against the farmers for trespassing on the land – filing separate cases for each plot – and insisted that sentences be served consecutively. Additionally, on the orders of the military, farmers renting their land back from the military have been made to open cases against other farmers, accusing them of mischief. Before giving his first judgment the No.1 Kanbalu Township judge told the farmers that he was being forced to make his decisions by the military.
The judgments began being delivered in the second week of July, and over 65 farmers – including numerous elderly individuals and one woman – have been sent to different prisons across the country. Most of these victims have not even had the opportunity to defend themselves in court. Only 6 had full trials. Others are still awaiting their verdicts. Over 450 farmers of the area are being victimised in this way.
ADDITIONAL INFORMATION:
In Burma, during the military regime, the military confiscated farmland for different reasons and purposes. They conspired with companies owned by their cronies, sold the land to other businesses, and built military owned factories on the land. After new government reform, the Commander-in-Chief of Defence Services ordered the land to be returned back to the original owners, but that order has been ignored and prosecution of the farmers continues (See AHRC-UAC-090-2014 and AHRC-UAC-049-2014).
A Farmland Investigation Commission report to the National Parliament states that the commission has received 26,371 complaint letters, from all regions and states of Myanmar. The National Parliament has to solve the problem in accordance with the commission report and give orders to the Administrative Committee to make a determination who the original owners are and ensure that the land is handed back. Likewise, Parliament must remain vigilant to guarantee that such a decision is enforced.
For more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: http://www.humanrights.asia/countries/burma.
REQUESTED ACTION:
Please write a letter to the following government authorities to urge them to dismiss the case against the farmers and release them as soon as possible. Please note that for the purpose of the letter, Burma is re-ferred to by its official name, Myanmar.
Please also be informed that the AHRC is writing separate letters to the Special Rapporteurs on human rights in Myanmar and on the independence of judges and lawyers, as well as 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 …………,
BURMA/MYANMAR: Over 450 Farmers Victimised by Myanmar Military Land Grabbing
Names of Victims: A total of 450 farmers, who include:
1. Residents of Ngetpyawtine village, Kanbalu Township, Sagaing Region: Daw Soe, U Tun Naing, U Myint Aung, U Saw Tun Naing, U Than Swe, Maung Pu, U Kyaw Aye, U Htway Hla, U Mya Lin, U Thaung, U Ngwe Gyi, U Sein Kyaw, U Kan Htoo, U Kyaw Thaung, U Pwe Shaung, U Win Maung, U San Aye, and U Tin Oo;
2. Residents of Htautsharai village, Kanbalu Township, Sagaing Region: U Thaung Tun, Ko Zaw Min, Ko Kyaw Yin, U Than Myint, Ko Zaw Min Tun, Ko Zaw Htike, and village administrative officer U Sein Tun;
3. Residents of Paygyi village, Kanbalu Township, Sagaing Region: Ko Swe Hla, Ko Maung Maung Lin, and Ko Maung Maung;
4. Residents of Khaowntha village, Kanbalu Township, Sagaing Region: U Hla Thaung, Ko Khin Maung Lin, and Ko Sein Kyaw.
Names of Alleged Perpetrators: Major General Min Zaw & Lieutenant General Myint Soe
Date of Incident: 16 July 2014 – present
Cases Against Farmers: Penal Code Section 427 and Section 447
Place of Incident: Kanbalu Township Court, Sagaing Region, Myanmar
Name of Judge: U Okka Maung, Kanbalu Township Court No.1
I am upset to hear that more than 450 farmers from Kanbalu Township, Sagaing Region, have been unjustly prosecuted by the military. There are over 65 farmers in jail, including some elderly people and one woman, and many more are still awaiting verdicts. In their villages, only the children, women, and elderly remain, as almost all the men are in jail and/or facing trial.
In 1997, No. 2 Shwe Bo Logistics Battalion confiscated over 3,000 acres of land, for a sugarcane plantation project, from Khaowntha, Paygyi, Htautsharai, and Ngetpyawtine villages, without providing any compensation in accordance with the Land Acquisition Act. The land was then handed over to, and contin-ues to be operated by, the 13th and 16th Light Infantry Battalions, under the 33rd Light Infantry Division. In 1999, over 10,000 acres in the area was seized by Logistics Battalion and transferred to the Myanmar Economic Corporation for the establishment of a sugar production factory. Again, no compensation for the land was provided to the original owners. This fact makes all these confiscations nothing more than illegal land grabs.
In time, the farmers began to till the still vacant land for their agricultural use. The military, however, subsequently destroyed the farmer’s agricultural work during a “training exercise” and simultaneously accused the farmers of having destroyed the military’s own sugarcane fields. Following this, the farmers went on strike and held ploughing contests on the land.
The military officials tried to prosecute the farmers last year, but the township police station and court re-fused to file the case, as the farmers were able to provide legal documents proving ownership (e.g. tax records). However, the military restarted prosecution of the farmers after the President informed Parliament on July 2nd that the government could not return over 350,000 acres of the confiscated land as the Myanmar State had been using it.
The military filed cases against the farmers for trespassing on the land – filing separate cases for each plot – and insisted that sentences be served consecutively. Additionally, on the orders of the military, farmers renting their land from the military were made to open cases against other farmers, accusing them of mischief.
Prior to delivering his first judgment, the No.1 Kanbalu Township judge confided to the farmers that he was being forced to make his decisions by the military. The judgments began being delivered in the second week of July, and over 65 farmers – including numerous elderly individuals and one woman – have been sent to different prisons across the country.
The farmers have testified that they got permission to work the vacant land after discussions with Major General Min Zaw. However, on 16 July 2014, three farmers – including Village Administrative Officer from Htautsharai village and one Village Administrative Officers from Pay Gyi – were sentenced to two years imprisonment, under Section 427/447 by the Kanbalu Township Court, Sagaing Region.
A farmer who had been falsely accused of burning a field has also been sentenced to one-year imprison-ment under the same law. There are 18 farmers who have been sentenced to jail on 17 July 2014, while 14 farmers have been sent to jail on 18 July 2014. In addition, the court has sent summons to 9 other farmers who informed the court they would not be able to attend their hearings in court on 18 July; they have been sentenced to imprisonment without any court procedure, in 18 minutes of court time. Most of them have multiple cases filed against them, despite the charges being essentially the same. There are 65 farmers who have been sentenced in 4 days and nearly 400 farmers are awaiting verdicts. Over 450 farmers in the area have been victimised in this way.
Therefore, I urge the courts to dismiss the cases, set the farmers free, and return the land to its original owners as soon as possible. Furthermore, as it is obvious that the judges are influenced by the military and fair trials are in urgent need in Burma, I urge the government to intervene and put an end to military interference, unjust prosecution of those protesting land grabs, and the unfair practice of using multiple cases to compound punishment for the same act.
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 of 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
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
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/ 071/ 078/ 067 or + 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/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
