Internally Displaced Persons (IDP) and Refugee Right to Land Position Paper

21st August 2019

INTRODUCTION

Since 2016 IDPs and refugees from different parts of the country, as well as the local frontline organizations that support them came together to discuss their land issues related to return and restitution in order to strengthen their advocacy on this issue.

Decades of war in Myanmar has resulted in the widespread displacement of ethnic nationality communities and undermining of their human rights including their right to land. Refugees and IDPs seeking justice, including the full and meaningful recognition of our right to land, face many challenges. With these challenges in mind, Internally Displaced Persons (IDP) and refugee communities from Mon, Karen, Karenni, Shan and Kachin States and from local civil society organisations(CSOs) that provide support to them, came together to share the challenges and experiences particularly regarding the IDP and refugee right to land and to deliberate on how to respond through a strategy of working together in the near future.

In this joint position paper, we first outline the similar and different situations we are facing, before proclaiming our basic principles and laying out our key demands. This position paper is a “living document”; with it, we do not claim to represent all IDPs and refugees, but rather we aspire to reach out, focus attention, generate discussion, and build political unity and momentum toward the full and meaningful recognition, restitution and protection of our IDP and refugee right to land.

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PCFS’s Statement to AIIB: Stop bankrolling landgrabs

14 July 2019

The Peoples Coalition on Food Sovereignty (PCFS) demands the members of the Asian Infrastructure and Investment Bank (AIIB) to stop funding projects especially of China’s Belt and Road Initiative (BRI) that result to landgrabbing and rural peoples’ displacement. On the occasion of the AIIB’s annual meeting this July 12-13 in Luxembourg, we stand with the rural peoples on their call for greater accountability and transparency, as well as justice for the violations of the people’s rights.

While AIIB asserted that it is a multilateral bank for the longest time, recent pronouncements show that it is ultimately a financing institution of the BRI with over 7,000 China-funded projects that focus on transportation, maritime navigation, energy, and trade spanning more than 60 countries in the Global South.

As a multilateral lender, AIIB has been consistently behind most of the BRI projects – as a co-funder or as a key lender. This will surely accelerate as AIIB President Jin Liqun declared to focus more on the bank’s own portfolio and sees the bank as a “twin engine” with BRI.[i] More than 60 out of the 87 member countries of the AIIB are part of the BRI. As it is, AIIB is currently bankrolling China’s expansionist lending strategy that ultimately impacts the most vulnerable in the Global South – the rural peoples.

Last month in Hong Kong, PCFS together with the Asia Pacific Research Network (APRN) conducted a forum on China’s BRI and its impact on the rural peoples.  Discussions and accounts of the participants from Asia, Africa, and Latin America regions paint a dismal picture of the BRI projects’impacts to rural peoples and the right to food sovereignty. Numerous cases of rights violations such as displacement, landgrabbing, harassment, corrosion of traditions, and aggravation of fragility in regions have been reported.

A threat to the right to land. Without adequate environmental and social assessment in the regions and countries, AIIB has been co-funding multiple BRI projects that are opaque and inaccessible to the public. As mentioned above, these include megadams, large roads, ports, and energy plants that often result in landgrabbing and displacement.

Today, China is the fastest growing landgrabber in the world. With over 5.6 million concluded deals and 12.7 million in the past decade alone,[ii]the BRI is fast becoming one of the key drivers of rural peoples ruin in the Global South.

In Cambodia alone, around 370,000 hectares under 42 ELCs have been granted to Chinese companies, including the 36,000-hectare sugarcane plantation of Guangdong Hengfu Sugar Group Co., Ltd. in the province of Preah Vihear. Thousands of farmers and Indigenous Kuy peoples are being displaced to produce sugar for export.

In the Philippines, the China government funded New Centennial Water Source-Kaliwa Dam Project in Quezon worth USD 374 million. It was pitched to be funded by the AIIB, and is set to displace thousands of farmers and Indigenous Peoples while tens of thousands more affected.

A threat to the right to food. Securing China’s position in the global agricultural trade is at the heart of the numerous BRI projects in agriculture. In a span of 14 years, China has invested USD 98 billion in agriculture[iii] –75% of which were in the last five years.[iv] According to a study by GRAIN, China has “gone on massive shopping sprees, buying up operations in global production chains like pork in the US and soybeans in Brazil, and gaining greater control over the global seed industry by taking on majority ownership of the Swiss-based seed giant Syngenta.”[v]

These agricultural land deals include large agro-industrial parks in Mozambique, Uganda, Zambia, Kazakhstan, and Laos. The pressure of Chinese imports in Brazil’s soybeans is one of the key drivers of the catalyzed destruction of the Amazon forest and the ejection of farmers and Indigenous Peoples in the region.

In Sri Lanka, the BRI Colombo Financial District, which AIIB funds some of the periphery projects,[vi] has dramatically reduced fishers’ access to their waters and decimated their fish catch. Beach erosion from offshore sand extraction for the reclamation project is displacing whole villages of fisherfolk.

The large-scale acquisition of farmlands and establishment of agro-industrial parks in Kazakhstan is a threat to the regional food sovereignty. Central Asia largely relies on the said area for grain and grain production. With China buying and controlling the agricultural production and supply chain in the region, rural hunger and malnutrition will not be abated.

A threat to biodiversity.According to World Wildlife Fund Hong Kong, China’s BRI will affect hundreds of already threatened animal species. This includes endangered tigers, giant pandas, saiga antelope, and much of the biologically richest real estate on the planet – some 1,800 important bird areas, key biodiversity areas, global biodiversity hotspots and global 200 eco-region.

The push of China’s BRI, with the full backing of the AIIB, will continue to adversely impact the rural peoples of the Global South. We call on the members of the AIIB to investigate and pursue the impacts of the projects funded by the multilateral bank. We call on the members and networks of the PCFS to actively engage their governments on AIIB funded project and demand for transparency and accountability. Finally, we reiterate our call that decisions and plans on infrastructure should be founded on the right of rural communities to decide their needs and development priorities. ###


[i] https://www.chinadailyhk.com/articles/18/35/125/1557557982955.html
[ii] Landmatrix (as calculated April 2019)
[iii] https://www.aei.org/china-global-investment-tracker/
[iv] Ibid
[v] https://www.grain.org/en/article/6133-the-belt-and-road-initiative-chinese-agribusiness-going-global
[vi] https://www.aiib.org/en/news-events/news/2019/20190404_002.html

Reference: http://foodsov.org/to-aiib-stop-bankrolling-landgrabs/

Community Forest Forum released a Statement (July 2019)

The First Community Forest Forum was held in Hpa-an District, Karen State, Kawthoolei from July 1 to 3, 2019; contributing to forest conservation as well as the global warming and climate change solution. There were 244 participants in total including indigenous peoples, representatives from civil society organizations, Kawthoolei Forest Department (Central, District and Township levels) and representatives of community forest committees.

During 2011 to 2019, 151 community forests have been established in 7 Districts within Kawthoolei; altogether 244,588.03 acres in total area. The forum set out 18 missions regarding community forest and also urged the government to halt the one-sided projects and activities (such as amending land related laws, specifying national park and expanding the conservation areas) those undermine the community practices and affect the livelihoods of indigenous peoples.

The Statement is available in Burmese and Karen.

“Kaw” Customary Land Seminar Statement “Our Customary Land, Our Life and Our Future”

“Kaw” Customary Land Seminar Statement
“Our Customary Land, Our Life and Our Future”

May 30, 2019

Group photo of participants in “Kaw” (customary) Land Seminar; taken on 30 May 2019

The “Kaw” Customary Land Seminar, held from May 29th to 30th, 2019, at Lay Wah, in the Karen National Union (KNU) administrated area of Hpa-an District was attended by 519 representatives from 56 organizations, including: local community and civil society representatives, donors, INGOs, political parties, and leaders of the KNU. The seminar discussed the problems and challenges facing “Kaw” customary land systems and the ways in which they can be strengthened and promoted, collaborating with other stakeholders.

“Kaw” are Karen customary land management systems. This is land which is collectively used, managed, conserved and governed. These practices are based on the conservation of land, forest, water, and other natural resources, and emerge from a combination of traditional value systems and traditional/customary law. Therefore, these practices are inherently linked to the preservation of Karen culture and beliefs and local biodiversity and ecosystems protection.

Therefore, the collective preservation of land, forest, water, natural resources and the environment inherently requires the preservation and maintenance of Karen “Kaw” management systems. We must have well-developed and well-maintained “Kaw” management systems which address the challenges of the current political situation. As a result of this, the KNU land and forest policies include a full recognition of “Kaw” land management systems, and have set up and begun implementing policies.

Importantly, the “Kaw” (Customary) management systems have never been influenced by any external authorities; they are a deeply entwined set of land management practices, strong local administrative justice mechanisms and traditional beliefs which holistically come together. These beliefs and practices are representative of a comprehensive traditional relationship to land, from which has emerged a strong set of land management and governance practices which we call “Kaw”.

According to research conducted between 2015 and 2018, it was found that there are 198 “Kaw” customary land systems in Kawthoolei. Community-based research focused on three “Kaw” found that these customary land management systems successfully provided land protection and sustainable livelihoods, and they are still very much relevant and applicable to the current situation.

The current Myanmar government’s Vacant, Fallow and Virgin (VFV) Land Management Law and other land laws fundamentally undermine the authority of Karen “Kaw” customary land systems. These systems, in contrast with Myanmar government land laws, allow for collective participation in political decision-making. Suppressing such customary systems hinders the peace building process, preventing the establishment of federalism. The Myanmar government’s land laws therefore must be abolished and accordingly rewritten. In addition, we strongly oppose the current survey law (draft) which will hinder the peace building process while posing threats to the maintenance of “Kaw” Customary land systems.

Therefore, in order to have strong and effective realization of “Kaw” customary land governance systems, as independently allow to be governed and in line with the KNU’s land and forest policies, we make a firm commitment to continue to strengthen and implement the “Kaw” customary land governance systems within our administrative territories.

Contact:

  • P’dohMahn Ba Tun – +66 613450533
  • P’doh Nay ThaBlay – +66 973503410
  • Saw Thuebee – +95 9785175874

Download the statement in English or Burmese.

The People’s Coalition on Food Sovereignty (PCFS) joins the international clamor demanding the repeal of the 2012 Vacant, Fallow, and Virgin (VFV) Lands Management Law in Burma

STATEMENT | 12 May 2019

Reference: Sylvia Mallari, PCFS Global Co-chairperson – secretariat@foodsov.org

Repeal the 2012 VFV Law in Burma!

Carry out a genuinely pro-people land reform policy!

The People’s Coalition on Food Sovereignty (PCFS) joins the international clamor demanding the repeal of the 2012 Vacant, Fallow, and Virgin (VFV) Lands Management Law in Burma.

Since its inception, the VFV Land Management Law has been used to facilitate large-scale landgrabs throughout Burma. It denies the Burmese rural peoples, which compose 70% of the county’s population, their customary and communal land rights by declaring all lands without official land titles as “vacant, fallow, and virgin,” in order to herald these lands for use of domestic and foreign investment. This has long been disputed in the country, yet the government of Burma has opted to bolster the law to fast track the turnover of these lands to corporate landlords.

The law was amended in September 2018, requiring land tillers to register for land use permits with 30-year validity within six months. Deadline lapsed on March 11, and now more than 20 million hectares of land – a third of Burma’s total land area – have become subjected to private interests. About 75% of the “VFV” lands are territories of ethnic minorities. And considering that 95% of the VFV land residents surveyed a month before the deadline of registration had no knowledge of the law, majority of the people in these areas are subject to penalties up to 500,000 kyats (US $328) of fine and/or two years in jail for “trespassing” the lands they customarily owned. 

There are, in fact, reports of local authorities filing charges against villagers for violating the VFV Land Management Law, and more are expected to arise with the amendment in implementation. These cases are ongoing despite the confirmation of a member of the ruling party National League for Democracy (NLD) executive committee that the law is yet to be enforced until the bylaws are completed. PCFS condemns the criminalization of occupying the land that the Burmese people have cultivated for decades even prior the law’s existence. The Coalition denounces such harassment that aims the massive displacement of rural communities.

PCFS slams the Aung San Suu Kyi-led Burma government for pushing this law and its impracticable amendments – a far cry from its promise of protecting the land rights of farmers. In fact, the VFV law was made stricter. Four years since NLD broke the country’s military junta, the government has opted to abide with the trends on land policies perpetuated by international and development finance institutions that undermine food sovereignty and deny the land rights of farmers and Indigenous Peoples. No plan to amend the law or even the constitution will be able to resolve landlessness in Burma if the development framework is to “draw more investment.”

We condemn the Aung San Suu Kyi government for implementing the VFV law. We call its attention to carry out a genuinely pro-people land reform policy that can not only alleviate the widespread poverty especially in rural areas, but also address the country’s peace situation. Burma is riddled with armed conflict with ethnic minority groups that seek liberation and self-determination. Given this context and with the VFV Land Management Law in order, the refugees – who are already made vulnerable by the ongoing civil wars – have no more lands to return to.

PCFS is one with the rural peoples of Burma in calling for the repeal of the 2012 VFV Land Management Law. We call our members, networks, and fellow food sovereignty advocates to support the struggle of the rural peoples in Burma in defense of their ancestral lands and natural resources! ###

. . . Download the statement here . . .

LIOH’s Statement on Nationwide Movement Calling to Abolish Myitsone Dam Project

All of the large dam projects built in Myanmar have had severe and negative impacts on peoples’ lives, as a growing body of evidence clearly shows. We, Land in Our Hands (LIOH) network, oppose efforts to construct large dam projects, and call for the far-reaching damage to peoples’ lives caused by existing and under construction projects to be fully addressed.

The Ayeyarwaddy River is a major artery of Myanmar’s cultural heritage. We oppose any acts that attempt to place a financial value on the Ayeyarwaddy River, the Myitsone and the larger river basin, whether it is calculated in kyat, dollars, euros or yuan. The Ayeyarwaddy is not for sale!

Plans and actions which support the conversion of the Ayeyarwaddy River and the Myitsone into electric megawatts are insulting to ethnic peoples residing in these areas, and continues to drive the country further from national reconciliation and sustainable peace.

We clearly warn that the five-year government does not have the authority to decide the future of societies living at the Myitsone or along the Ayeyarwaddy River and its basin.

We demand that the current government completely abolish the Myitsone Dam project, and the other 6 dams in the cascade, within its remaining 2-years term.

We denounce the Myitsone project proponents, including the Chinese Government and its State Owned Enterprises, for their attempts to force the project forward in a clear sign of disregard for the will of the people of Myanmar. We demand the immediate abolishment of Myitsone Dam project and the full restitution of land and livelihoods to those who have already suffered displacement and dispossession.

(Download statement in English or Burmese)

LIOH Statement regarding the World Bank’s 2019 conference on Land and Poverty

LIOH Statement regarding the World Bank’s 2019 conference on Land and Poverty

25 March 2019

From the 25-29 the World Bank is hosting its annual conference on “Land and Poverty Conference 2019”.  This conference is pitched as a platform for experts to gather and present on solutions to the world’s land issues, including those afflicting Myanmar’s people today.

We, the Land in Our Hands, [a multi-ethnic national network in partnership with civil society and community based organizations across Myanmar], firmly believes that the World bank is the wrong institution to be leading communities out of land related poverty at a global scale, and has a major conflict of interests as the Bank has arguably exacerbated land related inequality through its investments and structural adjustment programs.

Myanmar is facing a serious land crisis that has been built on decades of successive military government’s systematic and widespread land expropriations from the country’s people. The current semi-civilian government, led by the NLD, has followed in the footsteps of previous authoritarian dictatorships in attempting to corner land as an investment opportunity while ignoring the history of land expropriations and how they continue to fan the flames of inequality, conflict and poverty. 

Sadly, the NLD-led government’s land reforms are deepening the existing land tenure insecurities of millions of farmers across the country, and foreclosing opportunities for genuine federal democratic reforms and lasting peace.

The recently amended Vacant Fallow Virgin Land Management Law effectively designates 45 million acres of land in Myanmar as “untitled” or vacant land, leaving it open for investment – 82 per cent of this land lies in non-Bamar ethnic States. There is no such thing as vacant land in Myanmar, and by ignoring the diversity of existing land tenure systems practiced by local farming communities, this law will transform these farmers into landless criminals, deprive them of their livelihoods and strip them of their cultural heritage and identity. In response to this situation, 346 CSOs across Myanmar (https://lioh.org/?p=46); the ethnic political parties (https://lioh.org/?p=53) and war affected displaced community from Kachin (https://lioh.org/?p=61) issued statements calling on the Myanmar government to repeal the VFVL law.

Land conflicts that are now emerging throughout the country will worsen as foreign companies, supported by foreign governments and International financial institutions, rush in to profit before any meaningful or far-reaching political and economic reforms have taken root in Myanmar. The World Bank’s engagement in the Myanmar land issue will lead to an acceleration of land grabbing and compound the dispossession of local communities from their lands and resources; and further fuel conflict and rights violations including displacement in Myanmar.

Contact

https://lioh.org, landsinourhands@gmail.com, +95-9785175874

Download (English) (Myanmar)

PSLF’s Statement on VFVL

Palaung State Liberation Front (PSLF) / Ta’ang National Liberation Army (TNLA) released a statement on the Vacant, Fallow & Virgin Land Management Law (VFVL) on 11th March 2019. The statement is claiming that the peoples living & making lives on the land are the original owner of the land thus no need to use the VFVL; reminding the peoples from Ta’ang area to claim back the lands grabbed previously; promising PSLF/TNLA would uphold land policy that protect the community from losing land and would take actions against those any individual or organization attempting to grab the land from its people.

PPST’s Statement from its Special Meeting 03-2019

The Peace Process Steering Team (PPST) of Nationwide Ceasefire Agreement Signatory – Ethnic Armed Organizations (NCA-S EAO) released a statement from its special meeting (03/2019) happened during 5-7 March, 2019. The statement urged to review & amend the Vacant, Fallow & Virgin Land Management Law (VFVL) accordingly as it is opposing democracy norms and federal principles; and to stop enacting similar laws in the future.

Ethnic Literature & Cultural Development Organizations released statement on VFVL

Ethnic literature & cultural development organizations held a workshop reviewing the Vacant, Fallow & Virgin Land Management Law (VFVL) in Lashio of Shan State (Northern Shan). Together with Kachin, Ta-ang & Shan Literature & Culture Development Organizations, 62 participants representing 25 organizations participated in this workshop happened during March 5, 2019. A statement come out from that workshop demanding to cancel the VFVL, to recognize customary tenure practices and to ensure the land restitution for displaced persons by armed conflicts.