Arbitrary Confiscation of Farmers? Land by the State Peace and Development Council (SPDC) Military Regime in Burma

Description: 

Abstract" "This research was framed by a human rights approach to development as pursued by Amartya Sen. Freedoms are not only the primary ends of development but they are the principle means of development. The research was informed by international obligations to human rights and was placed within a context of global pluralism and recognition of universal human dignity. The first research aim was to study the State Peace and Development Council military regime confiscation of land and labour of farmers in villages of fourteen townships in Rangoon, Pegu, and Irrawaddy Divisions and Arakan, Karenni, and Shan States. Four hundred and sixty-seven individuals were interviewed to gain understanding of current pressures facing farmers and their families. Had crops, labour, household food, assets, farm equipment been confiscated? If so, by whom, and what reason was given for the confiscation? Were farmers compensated for this confiscation? How did family households respond and cope when land was confiscated? In what ways were farmers contesting the arbitrary confiscation of their land? A significant contribution of this research is that it was conducted inside Burma with considerable risk for all individuals involved. People who spoke about their plight, who collected information, and who couriered details of confiscation across the border into Thailand were at great risk of arrest. Interviews were conducted clandestinely in homes, fields, and sometimes during the night. Because of personal security risks there are inconsistent data sets for the townships. People revealed concerns of health, education, lack of land tenure and livelihood. Several farmers are contesting the confiscation of their land, but recognise that there is no rule by law or independent judiciary in Burma. Farmers and their family members want their plight to be known internationally. When they speak out they are threatened with detention. Their immediate struggle is to survive. The second aim was to analyse land laws and land use in Burma from colonial times, independence in 1948, to the present military rule by the State Peace and Development Council (SPDC). The third aim was to critically review international literature on land tenure and land rights with special focus on research conducted in post-conflict, post-colonial, and post-socialist nations and how to resolve land claims in face of no documentation. We sought ideas and practices which could inform creation of land laws, land and property rights, in democratic transition in Burma."

Creator/author: 

Dr. Nancy Hudson-Rodd; Sein Htay

Source/publisher: 

The Burma Fund

Date of Publication: 

2008-02-00

Date of entry: 

2008-03-29

Grouping: 

  • Individual Documents

Category: 

Language: 

English

Local URL: 

Format: 

pdf

Size: 

11.22 MB