Kayah (Karenni) State’s civil society organizations’ statement on the announcement of the Working Committee on the Drafting the National Land Law and Harmonization of the laws related to Land Management on the National Land Law Action Plan (Draft)
Date: 8th September, 2020
The below points, submitted as suggestions prior to the deadline of September 15th 2020, represent the stance of the civil society organizations of Kayah (Karenni) State regarding the announcement of the Working Committee on the Drafting the National Land Law and Harmonization of the laws related to Land Management on the National Land Law Action Plan (Draft) of 17th August 2020:
It is crucial that the National Land Law provides genuine protections for the security of the land rights, land management rights, and land ownership of Myanmar nationals, smallholder farmers, indigenous people, subsistence farmers, and grassroots people.
Although it is stated that the National Land Use Policy will be used as a guide for the drafting of a new National Land Law, as the National Land Law will cover all laws concerning land, all actions towards the National Land Law must be reviewed and scrutinized through transparent and inclusive processes.
Before proceeding with drafting the National Land Law, there must be priority given to evaluating and improvingthe present substance, influence and consistency of the National Land Use Policy, that was approved in 2016. Primarily, there must be time taken to review it against human rights standards and; international land, natural resource, and environmental standards, as well as the Myanmar Sustainable Development Plan, the National Environment Policy, and the Union Accords from the Union Peace Conference – 21st Panglong.
The coverage, capacity, independence and genuine representation of those holding responsibilities and authority within the working committees and sub-working groups for producing a new National Land Law must be reviewed.The 2016 National Land Use Policy, the institutions established under this policy; the National Land Use Council, and other working committees; and sub- working groups and supporting working groups and their actions evidence that they have strongly worked to form wholly centralized groups. Thus, we have no confidence and gurantee in the emergence of a genuine National Land Law that will provide protections benefitting all of the stakeholders mentioned in point (1).
The 2016 National Land Use Policy, and all of the presently enacted land management laws lack protections and actions affording respect, recognition; and specific, concrete provisions concerning the management and decision-making rights of ethnic minorities, tribes and indigenous peoples over their customary land management, land, natural resources, and territory. Moreover, there is no trust in the present processes to establish a new National Land Law as the Union Accords and the points covering the whole country relating to the sector of the land and the environment that were signed at the Union Peace Conference – the 21st Panglong have also disregarded the strengthening of recognition and protections for the land rights of local residents, and indigenous people.
In particular, extreme caution must be exercised in taking sensitive, simplistic actions towards the drafting of a National Land Law in a period of implementing national peace, national reconciliation and the establishment of a federal democratic union. Otherwise, it will not only significantly detriment these processes, it will also create new problems.
Therefore, there must be actions, agreements and coordination with all relevant stakeholders to prioritize political transformation and the construction of a genuine federal democratic union. Only then can the land sector be transformed by step by step actions truly oriented towards establishing a genuine federal democratic union.
List of the Kayah (Karenni) State’s Civil Society Organizations endorsed in issuing the statement
Progressive Karenni People Force (PKPF)
Union of Karenni State Youth (UKSY)
Karenni National Youth Organization (KNYO)
Karenni State Student Union (KSSU)
Kayan Women Organization (KyWO)
Kayan New Generation Youth (KNGY)
Karenni State Ethnic Youth Steering Committee
Karenni Civil Society Network (KCSN)
Karenni Ever Green (KEG)
Karenni Social Welfare Development Center (KSWDC)
Karenni Mobil Health Committee (KnMHC)
Karenni Development Research Group (KDRG)
Karenni Student Union (KSU)
Karenni National Youth Organization (KNYO)
Karenni Education Department (KnED)
Karenni National Women Organization (KNWO)
Karenni Legal and Human Right Center (KLHRC)
Karenni Refugee Committee (KnRC)
Karenni Literacy and Culture Development Committee (KLCDC)
Kayah Earthrights Action Network (KEAN)
Myamar Alliance for Transparency and Accountability (Karenni-MATA)
Local Development Network (LDN)
Mizzima Hnalone Thar Youth (Loikaw)
Karenni State Farmer Union (KSFU)
LAIN Technical Supporting Group
Mawduklarmar Social Development Association (MSDA)
Women for Women Foundation (WWF)
Karenni Human Rights Group (KnHRG)
Future Women Association (FWA)
Kayah Baptist Association, Christian Social Service and Development Department (KBA-CSSDD)
Kayah Liphu Youth (KLY)
Kawyaw Youth (KYY)
Kayaw Youth Organization (KYO)
Yintaleh Youth (YY)
New Generation Youth of Karen (Karenni State)
Karenni Mega-Investment Watch (KMIW)
Karenni Land Policy Developing Committee(KLPDC)
Karenni State Youth Network (KSYN)
Karuna Mission Social Solidarity-Loikaw (KMSS-Loikaw)
Condemnation on Proceedings against and Attempted Arrest ofEnvironmental Activist Saw Tha Boe
10 March 2020
We, LIOH, are aware that there is a legal proceeding under Penal Code Section 505-b (Public Mischief) against and an attempted arrest of environmental activist Saw Tha Boe. We are also aware that the incident is related to traditional praying ceremony of village communities from Nat Kone Village of Bakat village Tract, happened on 17 January 2020.
We, LIOH, STRONGLY CONDEMN such legal proceedings and attempted arrest.
Legal proceedings and attempted arrest based on traditional ceremony mean insulting customary practices and violating human rights & democracy standards.
Legal proceedings and attempted arrest of an environmental activist for practicing his/her rights to Peaceful Assembly & Freedom of Expression mean violating human rights & democracy standards and threatening the role of civil society.
Such unjust charges and attempted arrests are blemishes to current peace process and future federal nation building.
Therefore, we, LIOH demands the government to respect human rights, civic rights, indigenous people’s rights, democracy standards and to immediately drop all the charges against environmental activist Saw Tha Boe.
– Contact – Si Thu: 09790739488 Mi Kamoon: 09401601822
LIOH’s Statement regarding the State visit ofthe President of the People’s Republic of China to the Republic of the Union of Myanmar
17 January 2020
Land in Our Hands (LIOH) is a multi-ethnic national network of civil society organizations working for land issues, peasants’ unions and allies.
We, LIOH, heard that the President Xi Jinpin of the People’s Republic of China, is having a State visit to Myanmar during January 2020 and investment agreements will also be made during the visit; thus release the statement regarding them as follows.
Land conflicts and forcible land grabbing in Myanmar remains unsolved and complicated till the present day. Existing land related regulatory & legislative frameworks and conflict settlement mechanisms do not have ability for solving those problems effectively and even legitimizing unjust land grabbing therefore creating more complications. It is threatening and making landlessness to internally displaced persons (IDPs) and ethnic peoples who are practicing customary land management systems.
Investment projects (especially under China-Myanmar Economic Corridor – CMEC) are directly related with land problems; many of them remains unsolved till now. Local communities are rising their concerns upon upcoming projects and agreements – [especially countless people who are at risk of losing their land even without compensation as they practice customary land tenure systems which are excluded from legal protection].
Moreover, the following are a few concluded findings on deciding, agreeing & implementing of projects under CMEC:
The decision making on the projects and agreements are excluding local communities, potentially affected peoples, ethnic political parties, ethnic armed organizations and civil society organizations.
Agreeing or signing the agreements for new projects while existing land conflicts unsolved poses the risks to both local communities and investors.
Armed conflicts widening in ethnic areas are obvious evidences of complicated land sector with many conflicts potentials.
Projects without transparency and lack of sufficient information are potential receiving public objections and potential of cultivating more corruptions.
Investments creating more conflicts would also damage bilateral diplomatic relations of two neighboring countries.
Therefore, we (LIOH) demand the following points, in order to maintain the good relations between two neighboring countries;
The peoples from project affected areas, ethnic political parties and ethnic armed organizations must be in the first place along the course of designing, agreeing and implementing the projects.
Existing & upcoming projects have potentials creating complications on existing land conflicts thus must be accountable for it and for resolution prior to agreements & implementation.
Customary land tenure systems must be recognized and IDPs’ land rights must be fully guaranteed.
Land rights are human rights – China’s investment projects must be responsible & accountable for not uplifting human rights violations.
The investments must also be responsible & accountable for affecting ecosystems – as evidences of investment related environmental & ecological defects are already existed.
The projects and the projects from the areas without above conditions must be on hold.
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.
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. ###
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.
“Kaw” Customary Land Seminar
“Our Customary Land, Our Life and Our Future”
May 30, 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.
Reference: Sylvia Mallari, PCFS Global
Co-chairperson – email@example.com
the 2012 VFV Law in Burma!
a genuinely pro-people land reform policy!
Coalition on Food Sovereignty (PCFS) joins the international clamor demanding
the repeal of the 2012 Vacant, Fallow, and Virgin (VFV) Lands Management Law in
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
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
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.
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.”
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! ###
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
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.