Resource information
Synopsis of the Paper:
"It is most fundamental to be able to hear voices of farmers as they are in resolving farm land
problems which pose the greatest challenge to Myanmar. Therefore, it is expected that the
"Voice From The Farm" paper will be supportive to a certain extent. This paper was compiled
based on cases that reached the office of 88 Generation Peace and Open Society from
respective region and reinforced with discussions resulting from the VOICE OF
FARMERprogramme which collects and organizes farmers' voices as well as with observations
during field trips to rural areas.
Out of those which reached the office, 800 were selected and reviewed. The review of the cases
was made after dividing them into six categories, namely, 1) problems concerned with the
government, 2) problems concerned with the army, 3) problems concerned with companies, 4)
problems concerned with organizations, 5) other problems and 6) farm land crimes. Upon
reviewing, the problems concerned with the government counts 394 (49%) and stand as the
greatest number. Problems concerned with the government involve ministries, administration
departments, corporations, respective levels of local administrative bodies and individuals from
them. Upon categorizing the cases based on their type, the cases about land seizures count 606
(76%) and end up being highest. Out of these land seizures, the army's seizures count 99 (16%)
and stand as the second highest. (This numbers are based on the count of the cases not on the
total number of acres.). Out of cases from respective states and regions, 232 cases are from
Ayeyarwaddy Region, 149 from Yangon Region, 88 from Mandalay Region and they stand at
the top among Regions. Out of the states, Shan State has 33 cases and is at the top among
States.
It is found that most of the cases involve township and village authorities and individuals from
Land Record Department. Besides, local military units, police forces and the wealthy are also
found involved in the cases. Names of top-ranking government members, parliamentarians and
military officials are also found among those who carried out seizures.
Land problems arise because of projects and town area and military area expansions. Seizures
greater than necessary are found in many. It is also found that seized landhas been left vacant
without any businesses operations on them, leased back to former owners or others on a rental
basis, made over into plots and sold out and shared for self interests. Farm land pieces with
legal deeds and grant certificatesare also found to have been seized. Besides, it is found that
authorities and the wealthy connived at seizing public religious land pieces, cemetery land
pieces and pasture land pieces. It is also observed that people with low basic education and
little knowledge were tricked by various means including undue pressure and threats into
signing their consents. That power was abused against the law is obviouslyfound in incidents
whereland pieces were seized and returned by verbal orders and promises were not delivered.
Worst, there are cases where land pieces were seized in a style of robberies with such bullying
acts as show of guns or gun fires into the air. Farmers are being bullied to the point that not
only their land pieces were seized, but also they were framed up with charges and sent to jail.
It is also found that farmers came to face difficulties because land pieces given as replacements
for seized ones are not cultivable, raw andsituated on sides of ravines. Such injustice is also
found as compensations were not obtained in full amount, promises were not delivered and
only 20 feet x 60 feet plots were given despite 40 feet x 60 feet ones were promised. There are
incidents where companies and the army turned their land tenants against former land owner
farmers.
It is viewed that most of above-mentioned land problems have arisen because of power abuses,
corruptions and poor administration and management.Therefore, in resolving land problems,
rule of law is crucial. Power abuse and bribery needs to be effectively combated. Legislation
and statements by the Union Government and the Parliament alone will not be able to resolve
the problems; accountability at various regional levels is needed.
Responsibilities that must be urgently undertaken are drawing and amending laws, bye laws
and land policies which can guarantee the interests of vast majority of national rural populace.
Most of land problems are found to have arisen due to weaknesses of Land Record Department.
Reforming Land Record Department in line with the current era, taking of a land census and
readjusting maps with ground situations need to be undertaken without delay. Moreover, since
promotion of role of farmers' unions can directly secure public participation, it can be largely
supportive to resolving land problems. In a nut shell, the extent to which land problems can be
resolved greatly hinges on how willing the government in power is to serve the interests of
farmers.