Confiscation and Compensation in Kachin State: What's a Farmer supposed to do?!

9^th August 2009, Kachin State, Myanmar by Mangshang

A lion tirelessly chases and catches a prey. But before it can taste the fruits of its arduous labor, a flock of hyenas robs it and all it can do is helplessly look at the perpetrators. Such is a common example we often see on television programs aired on Animal Planet.

Just like the poor lion, Mr. Lahpai Gam (a pseudonym) has had to abandon his well-tended farm after the National Defense Army-Kachin (NDAK) confiscated his land.

On his nearly five acre farm, Mr. Lahpai Gam has already grown numerous crops such as rubber plants, walnut trees, hardwood trees bearing a pungent smelling edible fruits (locally known as Tanyin Tee) and pineapples. He has already invested a lot of money, four years of time, passion and effort in the farm.

Since 2004, farmers have engaged in slash-and-burn cultivation to sustain long-term gardening in the area. They knew that the new road which is part of the Ledo Road (also known as General Stilwell Road which was used during WWII) will pass along the Sadung river. This gave them incentive as they dreamed of easy transportation. The road will be a major commercial route connecting India and China in the future. It was already completed in 2007.

As usual, farmers do not have land ownership permits (Land Grant) because they do not know whether it is wise to apply for land owner permits from the government. In fact, no one applies for land ownership permits in Sadung Township areas. Since they did not apply for land ownership permit, the areas are essentially free land before the government.

NDAK later also came to start large scale farming covering hundreds of acres in the areas. They applied for land ownership permits from the government and as a result local farmers’ lands have now fallen under the control of the NDAK and their newly acquired land permits.

NDAK then confiscated land from local farmers and gave them a measly 50,000 Kyat each (approximately US$50) as compensation. There are about fourteen farmers so far whose land has been confiscated.

Since losing their land in 2008 to the NDAK, farmers are now opening up new lands for farming nearby. Everyday they can see the plants they cultivated before having their land confiscated and feel deeply saddened for losing them.

When asked why the farmers were compensated so little, an NDAK official in Sadung Pa town who has knowledge of the story (he asked to remain anonymous) dared not comment on the subject.

The NDAK signed a ceasefire agreement with the Burmese military government in 1989. It attended the government-orchestrated National Convention which drafted the constitution that was ratified in the 2008 referendum. Recently, under government pressure, the NDAK has also agreed to transform itself into a border security force.

When asked why he did not complain to the officials, Mr. Lahpai Gam said that he is afraid of being recognized and subsequently targeted.

Sadung area is under the control of three officials – the military government, NDAK and Kachin Independence Organization (KIO). Sadung area became a new township in 2008.

As a result, there are now more government offices such as immigration, labor department office, telecommunication and fire station, in addition to a police station and military base. According to sources, these offices were built on private land and compensation for confiscated land was far from satisfactory.

A local resident complained that none of the three authorities are fulfilling the needs of the people who now have to serve three masters.