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Kyaikmayaw Township landowners complain after village head illegally sells land to Zaykabar Company

Framers in the Ni Don area, Kyaikmayaw Township, Mon State, already contending with the threat of land seizer and paltry compensation by Zaykabar Company Ltd., now report even further losses as the nominal compensation that is handed down has been seized by the local headman who have falsely signed over villager farmland to Zaykabar Company.

The following accounts gathered in mid January, 2011, are interviews taken from Ni Don land owners who have each had land illegally sold to Zaykabar Company without their permission or knowledge by the local headman Ko Kyaw Htun. As a result, Ko Kyaw Tun has been awarded the nominal compensation rate of 350,000 kyat per acre, rather then the land owns[1].

These land owners, though land has been passed down for multiple generations, posses land grant titles, and are the legal registered owners of the property. As noted by several of the interviewees who posses these tiles, they have written personal appeal letters in the third week of January. These duplicate letters have been sent to Nai Pyi Taw, the leadership of Zaykabar Company, the local senior commander of Southeast Command, the new Mon State government, Ministry of Agriculture and Irrigation, and the Land Record Department, highlighting the illegal nature of their land being sold by the headman. A response or resolution to the issue of compensations prices for land has yet to be reached.

Due to significant security issues in the interviewing area, details of interviews are concealed and false names are applied. For specific information regarding the persons interviewed, please contact HURFOM directly.

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This farm has been cultivated by not only us, but also by our parents and grandparents. We depend on this farm [for] growing not only beans but also other crops. Having heard that our farmland would be taken over since last year, our family has been very concerned about it as the land [would] no longer belong to us. That is because we are heavily dependent on it and have worked on it for our livelihood almost the whole [of] our lives.

Now, we are coerced by Zaykabar Company in various ways. We do not want to hand our farmland over the Zaykabar even though it demands [the land]. In fact, even if they came to buy our farmland with…the price we demand, we will not sell. Since Oct. 2010, until we finally have to hand our farm over to Zaykabar Company, no one is on our side – even the government servants [are] on Zaykarbar Company’s side. Best yet, the head monk in our village is on Zaykabar Company’s side.

Finally, our village head, Nai Kyaw Htun, and his younger brother, Nai Win Htun, together, with Zaykabar company manager U Hein Aung Shwe, said that they need to take our farm land, and they will coerce us whenever they see us. They also said that if we do not accept 350,000 kyat per acre as compensation, we will get nothing later. They [worked in various ways to] intimidate us to hand over our farm. Even worse, the village head himself asked whether we want to leave the village [if we do not give up our farm to Zaykabar], and again, they come to intimidate us to sign over our 5.59 acres to Zaykabar on Dec.6, 2010.

I thought about this, and I did not accept the compensation as I realized that without signing [it] over, they cannot take over my land, according to the laws, even though they want to take our farm land.

What happened later on is that the village head and his younger brother, together with members of the VPDC [Village Peace and Development Council], sign [our land] over on behalf of us – everyone who did not sign over and accept the compensation, and they took the compensations [for] themselves.

We only know about this: they have already signed over on behalf of us in the last week of December. In 1^st week of Jan it was obvious that they [are] cheating us. The persons who signed are the village head Nai Kyaw Htun, and Nai Kom Par and Nai Maung Aye who both are members of the VPDC. So, my farmland was signed over for the compensation without my permission and illegally taken over. I cannot put up with this. Together with other farmers, I signed a petition letter sent to the State or Central government, two times.

I might say that bad luck [has] come to us. That is because the government itself is on Zaykabar Company’s side. Now, as I only owned a 5.59 acre farm, it is taken over and I have nothing left. We have not harvested the beans on our farm yet.  Even though my farmland is on their list, I am still going to our farm to work. Unlike me,  [others] whose farmlands were singed [in exchange] for the compensation by the village head and members of [the] VPDC, do not want to go to the farms. That is because they are disappointed. In fact, our farm lands are valued at 3,000,000 kyat per acre, and we still have Farm grant passed on by our father. On the government land survey list, our farm land is marked as no. 123, as in our certificate, and the paddy field no. [is] Be Lo 587. For the current price, it is valued as 17 million kyat – but now there is nothing left for us.

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Zaykabar company took over my 5 acres of farm land without even getting my permission. It has been three months now that I did not sign my farm over for the exchange and accept the compensation. They, Zaykabar owner U Khin Shwe and [Zaykabar company general] manager U Hein Aung Shwe , let Ni Done village head Kyaw Htun and some members of VPDC sign, and then seize my farm. It seems [they are] signing on behalf of [the] land owner and take the compensation. Those who actually signed are the village head, U Kyaw Htun and a member of VPDC, Chit Taung.

They signed by themselves without getting our permission in [the] last week of December. I only knew about that in 1^st week of January. I am very disappointed with this cheating as, even myself, the owner of the farmland, did not know that they signed and took over the land. Now, we, a second time, sent a petition letter to the central government. We sent two letters; one is for Senior General Than Shwe and another one is for Zaykabar Company. We are still waiting for their responses.

If they do not respond, or do nothing, I am positive that I will be unemployed. I will definitely encounter many difficulties for survival. I hope that the State will respond [with] something as it does not seem to be right [to be] cheated by the village head Nai Kyaw Tun and Zaykabar Company. It is not only me but also over 40 other farmers whose farmland was taken over after being signed by the VPDC members without notifying the farmers. The number of farmers who did not sign over, but the VPDC signed instead is [in the] majority, and totally, for a reasonable price, my farm land costs 15 million kyat. I want to get that amount for a price – not less than this price. Also, we are the persons who really depend on the farm, so without our farm, our family will face a big problem.

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My farm land which is over 3 acre in length – listed on the Zaykabar Cement surveying map – is lying westerly, near Ni Done Mountain. It is good land, with rich soil, and it [per acre] can produce 80 tin[3] of rainy season rice. This land is so good, with its rich soil, that we can grow several kinds of crops. In the last 5 years, we hired U Than Nyein’s family to work on our farm. We hired them as they are also our relatives. Even though we also have our land grant titles, without letting me know, the village head Nai Kyaw Htun sign my farmland over to Zaykabar.

I do not know exactly when they signed it, but I think it was in [the month of] December. Also, I think, there is one reason why they thought they could do like that. It is case that, once we farmers got an extension of our farm grant registration, we [had to] give [them] copies of our farm grants titles. Because of this, the village head, Nai Kyaw Htun, thinks, as he has the farm grant title with him, together with members of VPDC, they can just sign up. And, with his name, the village head, Nai Kyaw Htun, signed our farm lands over to Zaykabar Company, and took the land compensations [for] himself.

The village headman also took my land compensation, which [was] 350,000 kyat per acre, so in total he got 1,050,000 kyat for 3 acres from my land compensation. For us, we are very disappointed with this cheating done by the village head, Nai Kyaw Htun, and Zaykabar Company Dr Khin Shwe. We are also angry with them. Therefore, we sent [a] petition letter to the Central Government. I [was] also included in the list of sending [on] the petition letter. If the Central government does not respond and does not want to sort out [this cheating], they can take my farm land over. Yet, I will not accept this tiny amount of compensation. My farm land is valued 8 times [more] than the price they give which is 300,000 kyat per acre. The villagers are very disappointed with this as their farm ands have been taken over by cheating and abuse [of] their [VPDC] power.

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This farmland is essential to our lives and it is as important as our lives. It is inherited from my grandparents. We farmers gathered and sent a petition letter to the Central Government after learning that Zaykabar Company would take over our farmlands for their cement production project. That’s [gone on] since Oct.2010.

After sending the petition letter to Central government, U Kyaw Thein, who is the head of Land Registration Department, some representatives of Zaykabar company, and the Ni Done village head, said that they would not take over our farmland [because it] belonged to [us] farmers. That was after we had sent the 1^st petition letter. Because they said like that, every one was very glad.

However, later on, they – some Zaykabar company staff, Ni Done village head Nai Kyaw Htun, and village head’s younger brother, Nai Win Htun [a retired member of the navy], planed to usurp our farmland. Since last November and December 2010 till this January 2011, they have intimidated us several times to hand our farmland over to them. Because of this intimidation, some farmers signed their farmland over to Zaykabar Company while some do not want to sign away [their land] and they no not accept any compensation.

Now, [it is the] case that our farm lands have been taken over after being signed away by the village head Nai Kyaw Htun without letting us even know, even though those farm lands are ours. Judging by the laws or ta-yar[4], this is totally unfair. This case has been notified to Central Government.  If the Central Government does not want to sort out this case or problem, [Then the Zaykabar can] take our farm lands. Those who take over our farm lands [through] such manipulative behavior will be sent to trail or judged by ta-yar.

[3] 1 tin is equal to approximately 40.9 liters of rice.

[4] ‘Ta-yar’ approximately translates as ‘justice’ but also implies a sense of religious morality. A negative act will have longer term spiritual impacts.

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