Date: January 17, 2020

To

President Xi Jinping

The People’s Republic of China

Respectfully presented,

1. The year 2020 marks the 70th anniversary of diplomatic relations between the Republic of the Union of Myanmar and the People’s Republic of China, sharing a ‘pauk-phaw’ [fraternal] relationship. The local people of Kachin State cordially welcome the visit of the President of the People’s Republic of China, Xi Jinping, to Myanmar soil as a mark of 70 years of diplomatic relations. Kachin State and China share a border, and an amicable relationship has long existed, including through the trade of Kachin jade. Today, China is among Myanmar’s largest investors, with many projects slated to be carried out under the China-Myanmar Economic Corridor, as well as a range of other economic activity currently operating.

2. The people of Kachin State strongly believe that foreign investment is a critical factor in the state’s development. To date, there have been a number of China-backed projects in Kachin State, including the suspended Myitsone Dam and other hydropower projects, the Kanpiketee border trade zone and the Myitkyina economic zone project. China-based businessmen are also engaging in jade mining, tissue-culture bananas, sugar cane plantations, and rare earth mining in Kachin.

3. Despite the expectation of the various above-mentioned projects to support peace, stability and economic development in Kachin and promote the interests of local people, the present business operations have resulted in broad social and environmental impact including land problems and threats to nature and historical sites. Further, Chinese investment and projects in Kachin have disrespected local traditions and values and failed to consult local people. China has engaged with the central government and established bilateral trade agreements while neglecting to disclose their investment contracts to the public. We find China’s border trade policies to be unjust.

4. In order to successfully carry out projects under the China-Myanmar Economic Corridor and engage in cross-border trade and investment projects and businesses in a way which supports peace, stability and development in Kachin, we recommend the following actions:

• A. To respect international standards regarding all Chinese investment and projects in Myanmar;
• B. To respect local historical sites, traditions and values;
• C. To publicly and transparently disclose project-related contracts and provisions agreed upon between the Republic of the Union of Myanmar and the People’s Republic of China;
• D. To regularly facilitate assessments of social and environmental impacts of Chinese projects and investments in Myanmar; assessments should be conducted with full transparency, by third-party experts trusted by the local people;
• E. To consult with local people from the outset, so as to understand their perspective regarding the implementation of projects and mega-businesses;
• F. To ensure that local people do not suffer loss of housing, land or property on account of Chinese projects and investment, and that financial compensation for any losses be transparently provided, at an amount no less than the prevailing market price. In addition, local livelihoods should be sustained and guaranteed;
• G. To ensure public access to information regarding Chinese investment and projects; to establish conflict resolution mechanisms and public relations offices which ensure the public’s right to voice their concerns; and to carry out, at its own expense, joboriented capacity building projects which promote sustainable livelihoods;
• H. To avoid any investment or activity that exacerbates Kachin’s armed conflict or frustrates ethnic armed groups’ efforts to resolve political problems;
• I. To establish and abide by fair cross-border trade policies

5. The Myitsone hydropower dam project, located at the confluence of the Mai and Mali Rivers, fails to comply with the above-mentioned requests, and threatens the prosperity and wellbeing of the people of Kachin State and Myanmar as a whole. If resumed, the Myitsone hydropower project will affect the ‘pauk-phaw’ relationship between China and Myanmar. 6. To ensure the successful implementation of China’s projects and investment in Myanmar, including under the China-Myanmar Economic Corridor, it is essential to continuously support Myanmar’s peace process, and to provide aid which promotes safe and dignified return, resettlement and rehabilitation of internally displaced persons.

Endorsing Organizations

Presented on a separate sheet

Copies to:
– Office of the President

– State Counselor’s Office

– Kachin State Government Office

– The Embassy of The People’s Republic of China

Contact:
– Nwawt Naw Aung/ 09401538249

– Naw Hkrai Tu Hkawng/ 09456299256

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Endorsement

Issue : Request for returning the lands confiscated by Yuzana Company in Hugawng

Respected President,

1. We, 8603 local people from Hugawng area would like to request seriously to consider the case related with the above mentioned issue.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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

(4). To help getting land title registration and other requirement documentations for the local peoples’ safety of the belongings such as land and housing.

Requested by,

Hu Khaung Local Farmers (8603)

(Attached with the lists of the signatures)

CC to

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

Yuzana Company

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May 26, 2010
His Excellency President Hu Jintao
Zhongnanhai, Xichengqu, Beijing
People’s Republic of China
cc. Mr. Lu Qizhou
President China Power Investment Corporation (CPI)

Dear President Hu,

On behalf of communities suffering from the Myitsone Dam project in Kachin State, we appeal to you to immediately halt the forced relocation and destruction of the villages of those opposed to this project by China’s state-owned China Power Investment Corporation. The construction of this dam is against the will of local people and violates China’s own dam construction guidelines as well as international standards.

Recently Burma’s military government has ordered over 1,000 civilians from our capital Myitkyina to forcibly relocate all the residents of Tanghpre, the main village at the dam site, before the end of May 2010. If villagers refuse to leave, these civilians have been ordered to immediately tear down Tanghpre’s houses, schools and churches.

These brave Tanghpre villagers, who have been peacefully resisting illegal orders to leave their homes and farms, are not only defending their lands, but also Kachin State’s most treasured cultural landmark, the Myitsone confluence, and Burma’s main waterway, the Irrawaddy River. If the dam goes ahead, not only will 15,000 villagers lose their homes upstream, but millions downstream will face reduced water flows affecting fishing, farming, shipping and other vital economic activities. All of the profits from the dam will simply enrich Burma’s military government, while your country will receive the electricity.

By forcing Kachin State residents to destroy Tanghpre, Burma’s military government is cruelly forcing our people to destroy their very heritage and economic lifeline. China should not be complicit in this extreme form of collective punishment against people peacefully protecting their lands.
We have previously sent letters to CPI requesting a halt to the Myitsone project as it was clear CPI would be unable to follow its own Corporate Social Responsibility standards as well as China’s Nine Principles on Encouraging and Standardizing Foreign Investment.

The order by Burma’s military government to destroy the village of Tanghpre again proves it is not possible build this dam according to China’s own laws and standards.

We therefore appeal to China to halt the Myitsone Dam project.

Yours sincerely,
KDNG
Contact: (66) 0848854154

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January 17, 2010
Premier Wen Jiabao,
Office of the Prime Minister, State Council
Ximen Fuyou Street, Zhongnanhai West Gate,
Xicheng District, Beijing
People’s Republic of China
Postcode 100017

Dear Premier Wen Jiabao,

We, the Overseas Kachin Community, are writing to appeal to your Excellency to help advise the China Power Investment Corporation to strongly reconsider the pending construction of the Myitsone dam to be located in the Kachin State of Myanmar.

We seek your help to encourage the China Power Investment Corporation to realize the goals of promoting a conservation culture – ecological civilization [生态文明建设] in China and her humble adjacent neighbors, in this case, the Kachin State of Myanmar, as read out by President Hu Jintao in 2009 during the Meeting Marking the 30th Anniversary of Reform and Opening Up of China. We strongly applaud the environmental sensitivity beyond borders
initiative put forth by China in this speech.

The China Power Investment Corporation is building a 50-storey high dam at our Irrawaddy River in Myanmar in order to provide electricity for China. While this will increase the availability of energy supply and therefore promote the possibility of enhanced monetary economic opportunities, it will seriously wash away the bases of life for millions of people and for generations, too, in the Kachin State, for the following reasons:

1. This dam will flood and destroy the confluence of the Mali and N’mai rivers, one of the most significant ecological and cultural heritage sites for the Kachin people and animportant landmark for all of Myanmar.

2. Millions of people will be negatively affected downstream and 15,000 will be immediately displaced upstream. People will lose their homes, lands, and naturalresource base.

3. The Myitsone dam site is less than 100 km from the earthquake prone Sagaing fault line. In the case of an earthquake, resulting dam breakage or unnatural flood surges would be disastrous to millions of people living along the Irrawaddy, especially the people living in Myitkyina, the capital city of Kachin State.

Our people in Kachin State have already publicly stated their objections about the dam to the Myanmar government but these objections have been, unfortunately, ignored. Now we, the people of Kachin State and Myanmar, appeal to you to help prevent this potential man-made catastrophe from taking shape.

Sincerely,
The Overseas Kachin Community

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Subject – Demand to Stop Dam Projects in Kachin State, Burma

In regard to the June 21, 2009 Memorandum of Agreement signed between yourself and Burma’s Ambassador to China U Thein Lwin for “the Development, Operation and Transfer of Hydropower Projects in the Maykha, Malikha and Upstream Ayeyawady- Myitsone River Basins,” we, the Kachin Development Networking Group, are writing to express concerns about these projects, to bring your attention to the considerable local opposition to the projects, and to demand their halt in order to avoid negative consequences to the local population and to your company. We are a network of concerned residents that has been monitoring the project and its impacts since 2005.

Our immediate attention is with the imminent construction of the Irrawaddy Myitsone Dam at the confluence of the Mali and N’mai rivers. Specific concerns are as follows:

Social concerns: Over 60 villages are in the process of being forcibly relocated without proper resettlement plans. 15,000 people will lose their means of livelihood including farming, fishing, and non-timber forest product collection. This dislocation will cause many secondary social problems including conflicts over jobs and land, and an increase in migration and trafficking to neighboring countries. It will exacerbate existing problems of unemployment, drug addiction, and HIV/AIDS in the area. Women will be particularly impacted.

Environmental concerns: The reservoir, estimated at 766 square kilometers, will flood areas in one of the world’s “hottest hotspots” of biodiversity upstream of the dam. Blocking the confluence will prevent the seasonal migration of fish, impacting the number and diversity of fish. The dam will also impact the habitat of the endangered Irrawaddy dolphin downstream.

Livelihood concerns: In addition to the impact on fisheries, the dam will block sediment flows and alter the river’s flooding cycle, disrupting the natural replenishment of water and nutrients to floodplain areas downstream where agriculture is critical along the Irrawaddy’s banks. Further downstream, the delta region provides nearly 60% of Burma’s rice.

Safety concerns: The dams are located in a ceasefire area that is extremely unstable; an outbreak of fighting would put the project and Chinese personnel at risk. The dam is also less than 100 kilometers from a major fault line in anearthquake-prone area; if the dam should break, it would flood Kachin State’s capital of 150,000 that lies just 40 kilometers downstream of the dam.

Cultural concerns: The confluence is integral to Kachin identity and history and is a natural and cultural treasure for the whole country.

Standards are not being followed: No environmental, social or health impact assessments have been publicly disclosed; locally-affected residents have not been consulted about the project and their attempts to voice concerns have been ignored. The result is a forced relocation process that uses intimidation by military authorities and has no independent oversight or accountability mechanisms.

Given the current situation of the Myitsone project, it is impossible for CPI to follow the State Council’s “Nine Principles on Encouraging and Standardizing Foreign Investment,” the green guidelines that are awaiting approval by the Ministry of Environmental Protection (MEP) and the Ministry of Commerce (MOF COM), or CPI’s own Corporate Social Responsibility standards.

It is well-documented that development projects in Burma are accompanied by increased militarization and associated abuses, including forced labor and rape and it is well known that the military ruling Burma does not tolerate dissent. Yet there is considerable and growing local opposition to the Irrawaddy Myitsone dam, including public displays of objection. Open letters, including from respected elders and leaders from townships across Kachin State, have been sent to Senior General Than Shwe calling for a halt to the project but the appeals have been ignored. Now, based on the above concerns, we KDNG appeal to you.

We urge CPI to immediately stop construction of the Myitsone Dam and other dams in Kachin State and pull out from investment with Burma’s military regime for the sake of the good image of your company and to avoid being complicit in multiple serious human rights abuses associated with the project.

Sincerely,
Kachin Development Networking Group

Cc:
Mr. Hu Chunguang, Coordinator, CPI Myanmar Division
State Council
National Development and Reform Commission
Ministry of Environmental Protection
State-owned Assets Supervision and Administration
Ministry of Foreign Affairs
Ministry of Commerce

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To
Chairperson
Kachin State Peace and Development Council
Myitkyina

Subject: A report on the food disaster to be faced by there would be displaced residents and their opinion upon the hydropower project to be constructed at MayKha and Malikha Confluence

Concerning the above mentioned subject we, herely, submit this report to the State authorities through you for consideration about the probable destruction of the local people’s cultural heritage, properly and lives as well as the natural calamity caused by the construction of hydro-power project dam at the Irrawaddy confluence.

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Date: 6-7-2007
To
Your Excellency General Than Shwe
Chairperson of the State Peace and Development Council
Naypyidaw,
Union of Myanmar

Subject: Expression of concern regarding the construction of the Myitsone Hydroelectric power dam

We are respectfully expressing our concerns with respect to the above as follows:

According to the 6.5.07 issue of the New Light of Myanmar newspaper it has been discovered that a 3600MW hydroelectric power project is to be implemented at the confluence (known as Myitsone) of the N’Mai and Mali rivers where they become the Irrawaddy river.

Undoubtedly the government undertook fully comprehensive consideration prior to its decision to implement this project. However, we are making this presentation in order to alert the government of the concerns of the ethnic people from the Kachin State and the Kachin Independence Organization (KIO).

We believe that the Irrawaddy river, which results from the confluence of the N’Mai and Mali, is part of the natural heritage of the Union of Burma.
It is of great cultural importance that the Irrawaddy is the only river to flow unimpeded exclusively within the boundaries of our State from its source to the Andaman Sea.

We believe that the Irrawaddy River has played a vital historical role in Burma’s renowned past civilization and economic development, and will continue to be a vital part of its future too.

There are known to be more than 70 towns with a population of more than 3 million people situated along the banks of the Irrawaddy between Myitkyina, the capital of Kachin State, and Hinthada district of the Irrawaddy division. They all depend on the river in one way or another. Of the many essential facilities provided by the Irrawaddy River, some of the more pertinent arehighlighted as follows:

Due to the Irrawaddy having adequately high fluvial flow all year round it can be used continuously for vessel transportation between Bamao town (Kachin State) to Yangon City.

The river vessels are able to carry significant volumes of cargo (i.e. 500 – 1, 000 tonnes from Bhamao to Mandalay; and 800-3000 tonnes between Mandalay and Yangon) . The reliability of river flow and therefore transportation ensures faster & more efficient movement of traffic with minimal
technological disruption. This ensures smooth, fast and reliable cargo delivery which in turn assists the standardization of price control of goods. (Ref: Harmonious Development between Yunnan and Myanmar selected Documents of the Dehong Forum)

Apart from the ease of communication and transportation afforded by the reliability of the Irrawaddy’s natural fluvial flow down as far as the Delta area (a distance of approx. 1200 miles) this also allows the Delta to exist as one of the world biggest rice-producing areas.

The ports and other industries along the length of the Irrawaddy are a vital source of livelihood and services, including even basic needs, for millions of rural residents. Further urgent concerns have also been raised by the people of Kachin State as follows:

Due to the richness of natural resources (both renewable and non-renewable) at the confluence of the N’Mai, Mali and Irrawaddy rivers, it is an extremely biodiverse region with a great variation of rare flora and fauna. In comparison an equivalently biodiverse area in Khakabo Razi was designated a National Park on 1.12.98 by the government. Construction of a dam would irrevocably destroy unique natural resources and biodiversity.

The construction of any dam across the Irrawaddy increased the likelihood of a greater concentration of water pollutants by reducing flow and oxygenation. Any change in flow will also have an effect on the local microclimate, and correspondingly contribute to negative effects of global climate change.

Additionally a dam would prevent essential movement of fish species which rely on being able to migrate upstream to breed, which would reduce or potentially extinguish populations. Other fish populations sensitive to water temperature and rate of fluvial flow are also likely to be affected by
subsequent alteration of conditions above any dam. Increased algal growth (and corresponding reduced oxygenation) in more stagnant waters can induce toxic effects and suffocation for riverine species.

The creation of a dam lake will inundate currently productive farming land upstream and additionally cause increased soil erosion and silting of the river with all its negative impacts.

The most urgent concerns need to be considered of the people near the proposed site of the Myitsone hydroelectric power station project who, already experiencing flooding of their lands intermittently, fear their increases occurrence. The unimaginably disastrous implications for local residents, of any dam collapsing, due to natural or human influences, perhaps need emphasizing, as they will be living in fear day by day.

The landscape at the confluence of N’Mai and Mali rivers has a deep and abiding cultural significance for the people of the Kachin State due to its natural iconic beauty and has been the subject of significant national pride over many generations.

Therefore your Excellency General taking into account the above-mentioned points we strongly entreat you to abandon plans for the Myitsone hydroelectric power project thereby alleviating the concerns of the Kachin State people, and also recognizing the deep-rooted importance of the area
for the local people & biodiversity.

Respectfully,
Sd/–
Zawng Hkra
Chairman,
Central Committee
Kachin Special Region – 2 (KIO)

CC:
Ye Myint (Second Lieutenant General)
Department of Military affair Security, Naypyidaw

Major-General Ohn Myint
Northern Commander of Burmese Armed Forces Northern Command
Myitkyina

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Subject: Appealing to stop the hydroelectric power dam project at Myitsone, the confluence of
N’Mai Hka and Mayli Hka Rivers, Myitkyina, Kachin State

1. We, the signatories below are making an urgent request with respect to Chairman on the above said matter on behalf of the local villagers and the people of Kachin Sate.
2. According to the state press, New Light of Myanmar newspaper, on the 5th of May 2007, the government is planning to implement the seven hydroelectric power projects in the east and the north east of Kachin state, based on the Irrawaddy River. The two of those projects, Myitsone, the confluence of Nmai Hkaand Mali Hka Rivers, and Jehpwe, have been already started.

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