Authorities in Ye Township seize land ostensible for community development; development remains absent

March 4, 2011

HURFOM, Feb.28.2011, Southern Ye Township: Residents in Southern Ye Township, Mon State, are facing efforts by local village headmen and staff, to seize farmlands owned by local residents. These are being ostensibly sold for raising funds for community development. Residents whose land is has already been seized describe being upset and explain the effort as a ploy to provide extra income for the village head and staff. They also note that none of the promises of community development or public services have been met. While residents whose lands has been taken reported the seizer to District and Township authorities, no response has yet occurred. This seizure appears to signify a growing trend in which land seizure under the guise of community and economic development is on the rise.[1]Since late January the Khaw-Zar sub-township headman U Kyaw Moe, the Kaloh village headman, U Aye Lwin, and administrative staff, have been overseeing the measurement and division of private and community land in the area around Kaloh village. In February, sub-township and village authorities seized residents’ land that had been included in the measured areas. First documenting cases of land seizer around Kaloh sub-township,in late February, the Human Rights Foundation of Monland (HURFOM) has confirmed the seizure of over 210 acres of land.

According to residents, the land seizure is an illegal act and though it has been described by U Kyaw Moe as a means to raise funds for community development, residents believe the effort is intended to bring U Kyaw Moe and village administration extra profit. According to some residents portions of the land have already been given to members of U Aye Lwin’s family, though HURFOM has been unable confirm who other land buyers have been.

The land seized is being sold off as 60 by 40 foot residential plots. In many cases, while land was not cultivated, or had only been initially prepared for cultivation, land owners were not consulted about the seizure or warned in advance other then by the sudden presence of village administration taking measurements of their land. U Win Tin [a fake name], 55, a Kaloh villager, has already lost his land to the seizer by the Kaloh village administration. He describes what has happened to the land since then, and the result of his effort so far to bring the issue of land seizure to the attention of senior government officials:

Because of this situation of the [land seizure cases], I’m very upset. They, the authorities, also do not admit [that they have done] it. They, the village headman and township authorities, together came to oppress us, the landowners. I had my 2.9 acres of land taken over. As it is obvious that they took over my land illegally, one and half months ago, I reported about it to the District authorities in Ye town and Moulmein city, but they took no action. Last week U Kha and Daw Hla Bon who owned 2.7 acres of land, which is just next to my 2.9 acres of land, also had their land seized by the village headman U Aye Lwin. Now, that seized land has been divided into 71 land plots and each plot sized 40 by 60 ft in length. The money from that sold land…[has been announced] to be allocated as funds for community development, but, obviously, this money will go into the authorities’ pockets instead… If it were not risky to report to the State or Central government, I would report about it. I just want to get my land back.

Besides seizing portions of land that are privately owned, local residents report that the Kaloh village headman U Aye Lwin and administrative officers are also selling 30 plots of land from that had been designated public land for local residents, lying in western Kaloh village, and 20 plots of land located just next to the community cemetery. Such land has been used for public ceremonies, cremations, festivals, and markets in the past, and is important to the function of the community.

Residents’ fears that land is being sold only to benefit the sub-township chair and village administrative staff come from promises made by the village headman who said proceeds from sails would go towards community development. A Kaloh villager whose land was taken, describes specifically waiting to see if the village administration would follow through on its promises to use funds from land sales to buy a fire engine and crematorium:

Even thought they the village headman and his fellow workers promised to buy a fire engine and crematorium after selling these land plots, they have not done anything yet. I think they just coordinated with the Township authorities on this money they got from selling our land plots and they will share the money. That is what I heard. We’ll just wait for a while [to see] whether or not they will do what they promised to do.

According to local residents ,U Kyaw Moe, who initially began the process of seizing land to be divided and sold, has a history of similar abuses of power. A resident of Khaw-Zar sub-township, Ye Township, who works closely with village chairmen, described why he thinks township authorities haven’t responded to complaints about the land seizure and how U Kyaw Moe has abused his power:

U Kyaw Moe, 53, the Kaw-Zar Sub-township Chairman, said that he will sort out any problems committed by the village chairmen, but he [already] got some benefits from the village headmen, even though these cases are reported to district authorities and township authorities. U Kyaw Moe has power as high as at the level of the state authorities [because of his connections to the regime in Naypyidaw and the Mon State headman] and he is well known among the village chairmen. Besides, the Township Headman U Kyaw Moe is not only exposed as the person who took over the lands just this time, but he was also exposed 3 years ago, he sold the lands belonged to local residents near Kaw-Zar town. He demarcated the lands into land plots and sold out to people who are not natives of this region. He is also known as the person who collected Loh Ah-pay fees and charged arbitrary taxes often.

Mi Yin Aye, a Kaloh village resident, describes how gangs of thugs have been hired to suppress protest from villagers whose land has been seized. She also highlights that though land has been sold ostensibly for local development, actual projects undertaken for the community never receive support or assistance from the local administration or headman:

Kaloh village headman U Aye Lwin and his follow workers said that now if the Kaloh villagers who want to, regarding this land seizure case, they can report it to the State or Central government. They [the village headman and administrative staff] do not care what the villagers are reporting as what they [have said] they are doing is raise funds for community development. Also, in the village, to guard the village headman and his fellow workers, they hired some tough guys. [The leader’s] name is Myat Htun, who is brother in law of former village headman U Myo Lwin. He has a gang of tough guys who are always ready to violate [laws] if ordered to threaten any people who are not satisfied with [the administration] taking their land and selling the land for fund-raising. Because they use their power as they want, what can we do? In our village, neither of the two headmen – both the former headman U Myo Lwin and the present headman U Aye Lwin – are good. Both of them [have] threatened or oppressed the villagers after becoming village headmen. Now, we by ourselves have to build a small bridge in the village. They help with nothing in building the bridge. Now, the money from the seized lands will definitely go into their pockets.

The use of community development as an excuse for the seizer of private and community land is a significant concern that appears to be increasing with frequency in southern Burma. HURFOM has documented frequent cases of direct land seizure by military battalions around the Kanbauk to Myaing Kalay gas pipeline and other areas that see frequent violence, though these instances have decreased somewhat since 2005.[2] Instead, the above accounts add to a series of reports by HURFOM that indicate that in similar areas land seizure is now couched in terms of “community development” that either specifically gives money to local officials, or provides land and economic opportunities to government connected companies. To illustrate this point, Kaloh village is spontaneous and not connected to any of the larger land seizure and development projects occurring in southern Burma such as those found near the Tavoy deep sea port or the cement plant projects in Kyaikmyaw Township.[3]

Ownership of land is key to the livelihoods of local residents, even if it is not immediately cultivated, as the land embodies the potential for long-term multi generational investment. The seizure of such land, and use for either private government connected companies or for sales to profit local government officials, is likely to have a strong negative impact on the livelihood and function of local communities. As seen above, there is a desire amongst community members to seek justice for such abuses committed by local leaders. Communities that have the capacity to develop a strategic means to loge complains will be best able to address this threat locally as it appears in their areas.