Nay Pyi Taw
Date : 10 May 2016
Issue : Request for returning the lands confiscated by Yuzana Company in Hugawng
We, 8603 local people from Hugawng area would like to request seriously to consider the case related with the above mentioned issue.
Since 2007, Yuzana company grabbed the land from the local farmers by destroying our houses, farmlands, orchards, vegetables and trees with big machines but they never gave any compensation to the local farmers. After growing the interest of both national and international level when the news was spread widely, they gave unfair and very small amount of the compensation to the local with pressure to take it. Some farmers received the money because of the various reasons; they did not know the trick of the company, some afraid off, some are very poor. However, there are many farmers still did not accept their offer rate and they still are asking the compensation for their lands according to the real situation.
A total of more than 300 houses have been moved as Yuzana Company not has grabbed farmlands and yards but also has force relocation to four villages. The farm lands and other lands being grabbed are from Naungmee, Shuduzut, Bankok, Wahyazut, Nansai, Aungyar, Lajarpa villages within Phakant Township and Shinanpyat, Tainkauk, Naunglonkaung villages within Tanine Township.
People who suffer land grabbing became as daily wages employers because they have no lands for their livelihoods. Actually, the villagers living in Hukaung village completely depend on their farmlands and natural forests for their livelihoods. As they lost their main livelihoods, they are now facing the difficulties in their children’ education, health and social issues.
The Yuzana Company’ industry situated in Bangkok village has no preparation for the dumping of waste and excretion. The villagers are breathing these terrible smells every day. Moreover, a plenty of fishes eaten and used by villagers are dead as these wastes are dumping into Nansan streams. Besides, villagers are depending on this only stream for the use of water and it is threatening to the villagers for health security with the poisonous water.
During the last eight years, the villagers from Huu Kaung region sent appeal letter to authorized persons many times requesting to get back their land which were grabbed by Yuzana Company. Although the local people went for litigation process at local court, any solutions for the grabbed land have not come out till now.
In September 2014, a campaign to stop the project of Yuzana Company was held in six villages including Taint Kaut and Naung Lon villages from Naung Mee, War Yar Zwat, Aung Yar, Sha Duu Zawt, and Ta Naing townships. At this event, over 1000 of local people from 10 villages voted and the result showed that 94.94 percent of local people do not want Yuzana company project.
The activities incompliance with the laws implemented by Yuzana Company are:
a) This company never released any public announcement or mentioned the information publicly even in the related villages or wards officially for taking land from local farmers. Besides, the lands, housing, orchards, plantations, vegetables and others fruit trees of the farmers are grabbed by the company without having any FPIC or negotiation or agreement from any villagers. At the same time, there was no legal permission from government for getting land like this in Hugawng Area. According to the land Act 1894 section 4(1) and Criminal Act Section 447/427, it showed clearly that they broke the existing rules.
(b) Yuzana Company implemented over 50000 acres which was more than permission and they even started implementing in 10000 acres which had no official license permit from the government yet. Such kind of action of the company totally broke the special order no. 44/91 (Government Order No. 1/98 for the date of 28 September 1998) of land use permit’s code of conduct section 3 (a).
(C) In addition, the company also invaded and destroyed not only on the land of the local farmers but also protected forest area and national park (Hugawng valley wildlife reservation area) in Hugawng valley area. Therefore, company broke the following laws specifically on forest law section 43/44 and wildlife conservation law section 36/E so that government authority must take effective action to the company seriously on what they did.
9. According to investigation team report on land issue of farmers in Parazut village tract, Par Kant township, the local villagers’ farm lands and village lands were grabbed by the Yuzana company in 2015.
10. Therefore, local people in Hu Khaung area would like to request to our president to consider seriously this issue with the following special points.
Special Request ;
(1). To return all the grabbed farmland and village owned land by Yuzana Company to Hu Khaung local farmers with fair compensation
(2). To make sure for returning all village owned lands (farmland, forest plantation, pasture land, grave yard) which fully enough to live and work for the Hugawng local people.
(3). To stop the project implementation of the company and take action strongly for what they had been done so far on breaking the existing domestic rules and exploitation of the local people
Hu Khaung Local Farmers (8603)
(Attached with the lists of the signatures)
Chairman, Lower House, Nay Pyi Taw
Chairman, Upper House, Nay Pyi Taw
Chairman, Kachin State Parliament, Myit Kyi Na
Chief Minister, Kachin state ministry office, Myit Kyi Na
Wildlife Conservation society (WCS), Yangon
Natural resources and Environmental Conservation Ministry