A/HRC/39/CRP.2
(b)
Findings
429. The Mission found a pattern of the Tatmadaw arbitrarily appropriating land from
ethnic Rakhine villagers across Rakhine State, and forcibly evicting them. 972 Land was taken
for various purposes, including construction of infrastructure and food production for
soldiers.973
430. Land is frequently taken arbitrarily and immediately, not allowing the affected person
or family to prepare or to plan an alternative. A small group of up to 10 soldiers would arrive
on a plot, and put up a military flag or place a sign indicating that the land was taken. 974
Reports were received that soldiers place fences or bamboo poles around the land and destroy
existing properties on the land, for example sheds. 975 There is little or no consultation with
the affected individual or family. 976 Furthermore, land confiscation by the Tatmadaw could
affect multiple individuals and families at the same time, such as groups of villagers with
adjacent small land-holdings.977 One victim stated:
On 8 February 2012, when I was having lunch at home, I learned that the military
was taking my paddy field. I went back immediately. I saw six soldiers who had put
up bamboo poles around my paddy field. I begged them not to take the land, pleading
that it was the only thing I had and that we were dependent on it. They did not listen.
They arrested me and took me to the office of the village head. I saw many villagers
there, their hands tied up with rope. I managed to flee when I went to the toilet. The
same day the military took away the lands of three other families. 978
431. Furthermore, the affected persons generally received no compensation, and were not
informed of how to make any claims. 979 There are instances where minimal compensation
was offered, with the amount viewed as derisory compared to the actual value and the
economic loss.980 In other cases, promised compensation was never received.981 One victim
stated:
Four soldiers came while I was on my land, asking to show my land documentation.
After showing all documents, one of them said: “The military wants to build
infrastructures here. We take your land. If you don’t agree, talk to our officer.” I went
to the office with my mother. We were offered 9,000 Kyat. The market value was
900,000 Kyat. When we refused, the officer said it was government land and that they
would take it anyway. The next morning, the military came again and destroyed my
tent near the land. They planted a military flag and left.982
432. After being evicted, the affected persons no longer had access to their land and efforts
to reclaim usage were routinely met with warnings, beatings and death threats.983 Ethnic
Rakhine who objected to the confiscation, or who attempted to file complaints or find legal
recourse, were subjected to beatings or detention. 984 One interviewee explained how he was
beaten when he sought recourse:
When I discovered that my land had been confiscated, I went to see the chief of the
local military camp. When I complained the first time, I was told that they need the
land for military buildings and for crop cultivation. When I went back, I was ill-
972
973
974
975
976
977
978
979
980
981
982
983
984
CI-055, CI-056, CI-059, CI-060, CI-158, CI-162, DI-015, DI-016, DI-031, DI-033, QI-072, QI-073.
The Mission documented 14 cases in Kyaukpyu, Kyauktaw, Mrauk-U, Maungdaw, Minbya,
Rathedaung and Sittwe in Rakhine State.
CI-055, CI-056, CI-158, QI-073.
CI-055, QI-072, QI-073.
CI-055, CI-059, QI-073.
CI-055, CI-158.
CI-056, CI-059, DI-016, QI-073.
CI-059.
CI-055, CI-158, CI-162, DI-016.
CI-055, CI-158.
CI-158.
CI-055.
DI-033, QI-072, QI-073.
CI-059, CI-162, DI-016, DI-033, QI-073.
105