Lawyer Pho Phyu, also known as Yan Naing Aung, is helping farmers from different parts of Burma whose lands have been illegally confiscated. He was arrested and imprisoned in 2009 while working on a case in Magwe Division. Since his release, Pho Phyu has focused not only farmers but also child soldier cases and getting appropriate compensation for fishermen who died after being swept out to sea in March.
Irrawaddy reporter Ko Htwe interviewed Poe Phyu about his recent trip to Rangoon and Irrawaddy Divisions, where he was working for a number of land confiscation cases.
Question: Please tell us why farmers in Rangoon and Irrawaddy Divisions have faced land confiscations.
Answer: Farmers have lost their lands because they don't have enough money for farming. A farmer can only receive an agricultural loan of 20,000 kyat [US$ 27] per acre, which doesn't cover their needs.
In Irrawaddy Division, farmers have to borrow money from financiers at a 10-15 percent interest rate. They borrow 40,000-50,000 kyat[$55-69] at the beginning, but the amount they have to return becomes 150,000-200,000 kyat [$208-278] at rice production time.
They could pay off the debt if they had good production, but couldn't when they encountered bad weather in rice growing season which resulted in bad production. If they couldn't return all of their loans they still had to pay interest for the rest. Consequently, farmers had to allow financiers to grow rice for one or two years on their land.
During the period of being able to work on farmers' land, financiers tried to make the land their own by changing the name of growing permits with the help of the Settlement & Land Records Department. Even if they didn't change the name they joined hands with local authorities to gain recognition that they were doing rice cultivation on this land.
When farmers thought they had paid off their remaining debt and started to sow paddy fields again, the financiers told the police and authorities that they were the ones who were currently working on those lands and the farmers had no right to do so. As a result, farmers were charged with trespassing while working on their own land.
Many others were also charged with stealing while harvesting their own paddy fields. As far as we know there are powerful people, in terms of money or capital, behind those financiers.
Q: Who do you mean are the people behind the financiers?
A: According to information I received from farmers, I think they are those who want to seize farmlands and do other business with them.
Farmers tell me that companies currently based in East Dagon Township are close to the authorities. They say that military personnel from the rank of major up to general are holding shares in those companies.
Under such circumstances, farmers are in a very difficult situation whenever they face land cases. They have to go on trial while working on their own lands. Also, there are no lawyers in these areas to help defend them in court and prove that they deserve the right to re-cultivate and re-own their land.
Q: What has been achieved because of your help? Have there been any successes?
A: I was thrown into jail after I worked for farmers with more than 5,000 acres of farmlands in Natmauk, Magwe Division. One month later, they got back all.
I don't think I have succeeded in every case—I mean complete success. In January this year, about 400 farmers in Rangoon marched to an administrative office in Eastern District to file land cases. They demanded their lost lands. They got back over 100 acres of land. But local authorities stopped them when they grew paddy fields in those lands.
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