With only our voices (English)
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‘<strong>With</strong> <strong>only</strong> <strong>our</strong> <strong>voices</strong>, what can we do?’<br />
fraction of it having been returned or compensated for. 368 Over the last two years, KHRG<br />
continued to receive information regarding past land confiscations, corroborating the finding<br />
of the FIC, as villagers in southeast Myanmar continue to report suffering repercussions from<br />
land confiscations perpetrated at different times over the past several decades.<br />
Although the Myanmar government acknowledges widespread land grabbing by the<br />
Tatmadaw, 369 they have been slow to follow through with commitments to restitution and<br />
compensation of land, 370 and have admitted that some land seized by the military will never<br />
be returned. 371 In particular, land confiscated prior to the 2012 Farm Land Law may not be<br />
returned, as it was confiscated under La Na 39, or Article 39 of the 1953 Land Nationalisation<br />
Act of Myanmar. 372 La Na 39 states that agricultural land may be used for other purposes,<br />
such as rubber plantation or military camps, with permission from the President or his<br />
appointees. 373<br />
1. Occurrences and actors<br />
Since December 2012, KHRG has received 22 reports documenting 10 separate incidents<br />
involving the confiscation of land by Myanmar government sponsored groups, related to<br />
militarisation. These incidents occurred in Thaton, 374 Toungoo, 375 Hpapun, 376 Dooplaya, 377<br />
and Hpa-an districts 378 and were perpetrated by or with the cooperation of the Tatmadaw, 379<br />
Karen BGFs, 380 KPF, 381 and Myanmar government officials. 382<br />
According to KHRG reports, villagers and KHRG researchers reported that land confiscation<br />
for military purposes occurred primarily without prior consultation and without compensation<br />
in the majority of incidents. Of the ten separate incidents of land confiscation that KHRG<br />
documented, <strong>only</strong> two incidents involved compensating villagers for their land, 383 one of<br />
which involved <strong>only</strong> partial compensation below what villagers believed to be fair. 384 Only one<br />
368 Yearning to Be Heard, HURFOM, 2015, 16.<br />
369 In March 2013 the Farmland Investigation Commission, a parliamentary investigation, submitted a report to<br />
Burma’s Union Parliament outlining massive land grabbing by the Tatmadaw. The Myanmar government agreed<br />
to return 18,364.49 acres of the approximately 300,000 acres of land confiscated by the Tatmadaw over the past<br />
several decades. See: “Military involved in massive land grabs: parliamentary report,” The Irrawaddy, March<br />
2013; See: Zarni Mann, “Only Fraction of Land Seized by Military Will be Returned: Minister,” The Irrawaddy,<br />
July 18 th 2013.<br />
370 “MPs urge prompt return of confiscated land,” The Irrawaddy, September 26 th 2014.<br />
371 The Myanmar government announced 50,000 acres of land where projects had already been constructed<br />
would not be returned, but that compensation would be arranged instead. See: Shwe Aung, “Ministry Agrees to<br />
Return Meagre Fraction of Land Confiscated by Military,” DVB, July 18 th 2013.<br />
372 For example, in Kyauykkyi Township, Nyaunglebin District, villagers reported being told by the Township<br />
administrator that land confiscated under La Na 39 would not be returned to villagers, see “Nyaunglebin<br />
Interview: U A--, December 2012,” KHRG, July 2014; “Nyaunglebin Interview: Daw U---, December 2012,”<br />
KHRG, July 2014.<br />
373 The Land Nationalisation Act (1953), Myanmar.<br />
374 For example see s<strong>our</strong>ce #3.<br />
375 For example see s<strong>our</strong>ce #88.<br />
376 For example see s<strong>our</strong>ce #106.<br />
377 For example see s<strong>our</strong>ce #100.<br />
378 For example see s<strong>our</strong>ce #15.<br />
379 For example see s<strong>our</strong>ce #88.<br />
380 For example see s<strong>our</strong>ce #100.<br />
381 Ibid.<br />
382 For example see s<strong>our</strong>ce #2b.<br />
383 For example see s<strong>our</strong>ce #1b.<br />
384 For example see s<strong>our</strong>ce #22.<br />
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