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. They submitted letters of complaint to different levels and re-opened the case but they still don't have permission to cultivate to date.  

This kind of situation can only be altered if the agricultural policy of the state is changed and the government enacts new laws.

Q: How many acres of confiscated farmlands in Rangoon and Irrawaddy Divisions are you working on?

A: I am currently working on more than 10,000 acres in Rangoon and about 2,000 acres in Irrawaddy Division.

Q: Do you have any evidence to prove that over 10,000 acres of farmlands in Rangoon Division have been confiscated?

A: I think farmers who have to leave their lands must be the best evidence. In a couple of villages, farmers received official written orders saying if they don't leave their lands their huts would be destroyed. Those letters were not from division or township level authorities, but were sent by chairmen of the respective Ward Peace and Development Council. The rest of the farmers were ordered to leave their lands orally. They were threatened that if they don't leave their huts will be bulldozed. This is how they all had to move out of their lands.    

Q: Is helping farmers risky?

A: Before the election last year, there were attempts to make farmers and I not get along, and at the same time farmers were also indirectly threatened to stay away from me. The situation seems to be better after the election as authorities only collect information on what I do and I can make trips freely. However, I was not permitted as an overnight guest when I went to Irrawaddy Division to work for fishermen there.

Q: Please tell us about what you did for the fishermen.

A: Many fishermen from 11 villages in Pyarpon Township died during a tropical storm in March this year. Thousands of others were swept out to the Andaman Sea and separated from their families. When survivors came back they were not given wages and other support they deserved. As a result, they had to shoulder great hardships.

So, I went there to help them demand their rights and submit related cases to the court. Before filing cases, I had to educate them about what rights they have. After my discussion with them one evening, I couldn't come back from the village and had to stay overnight there. But, I was not permitted.

Anyway, I managed to file cases all along. I filed a case for 45 widows and each of them was compensated 50,000 kyat [US$ 66] from the state and 100,000 kyat [US$ 133] from the company their husbands were working for. The amount of compensation, however, could no way compare to the life of a human. They had much more risks and grievances than what they had been compensated. There is no law to cover such grievances yet.

Q: Why were you imprisoned in 2009?

A: There are over 5,000 acres of farmland in villages around Natmauk where Gen Aung San, Burma's independence hero, was born. A factory, located near the town, unnecessarily confiscated those farmlands with a pretext of security and defense. Then, whoever wanted to cultivate had to rent their own land from the factory. Also, whoever wanted to go inside their rice fields to herd their cows had to pay money. Furthermore, farmers were forced to grow castor oil plants.

Finally, Zaw Htay, a local resident, reported to the International Labour Organization (ILO) about what had happened. He was later charged with leaking government secrets. I defended him in court and also filed land cases. So the authorities detained me to stop the ongoing trial. They couldn't find any offense against me so they looked through my diary. After that they said my legal team was illegal and charged me with the Unlawful Association Act. I was sentenced to four years imprisonment. The ILO intervened in my case so I was released after being in prison for 14 months.  

Q: Why do you work for the plight of farmers?

A: They are starving right in front of my eyes, that's why I am working for them.

Q: We have heard that because of your full-time dedication to farmers you have had some problems with your family. Why do you continue your work under such circumstances? 

A: My family supported me until I was studying for my master's degree. They wanted me to continue studying and I wanted that too. A foreign university also accepted me. However, after I was released from prison I was dismissed from my university when I re-registered for my second year master's program to study international law. 

Farmers and workers are the closest people to me. I have seen and am well aware of how they live. I don't think they can survive by what they now earn each day. I want them to get the rights they deserve as long as they live and work. That's why I have been working for their plight.