News,
Personal Accounts, Report & Analysis on Human Rights Situation in Mon Territory
and Other Areas Southern Part of Burma
The Mon Forum
Issue
No. 3/2000
March
31,2000
The Publication of Human Rights Foundation of Monland
(BURMA)
Contents
News:
(1) Forced labour
in motor road for Total Oil and Gas Company,
(2) More land
confiscation in northern part of Ye Township for military deployment,
(3) Forced labour
in taking in railway in Ye Township,
Report:
Levying tax for porter fee and
development projects in Mon State.
Some
Acronyms in This Issue
SPDC
- State
Peace and Development Council,
SLORC
- State Law and Order
Restoration Council,
DDSI
- Directorate
of Defense Service Intelligence,
BADP
- Border
Area Development Program,
IB - Infantry
Battalion (of Burmese Army),
LIB
- Light
Infantry Battalion (of Burmese Army),
KNU - Karen
National Union,
News
Forced
Labour in Motor Road for TOTAL Oil and Gas Company
(March
2000)
Since the end of 1999 until February 2000, the local
villagers near Yatana on-shore gas-pipeline area have to contribute free labour
in building a 6 miles long road from The-chaung to Kin-taung, under the order
of LIB No. 273, which received an agreement contract from France's oil and gas company,
TOTAL.
Since November, 1999 until February, without using any type
of machines, the soldiers from LIB No. 273 have forced the villagers from
The-chaung village tract to contribute free labour in the building of this
6-miles-long motor road. In The-chaung village tract, there are totally 6
villages and they are The-chaung, Talaing-myaw, Thingun-taw, Taput-chaung,
Kadot-chaung and Kin-taung. In these villages, there are over 700 households
and the population are Mon and Tavoyan inhabitants, who have occupations as
farmers and fishermen.
In building The-chaung-Kin-taung road, LIB No. 273 has used
30-50 villagers every day and the village headmen from the above mentioned
villages have to provide the labourers with rotation basis. In conscripting of villagers to work in the
construction, LIB No. 273 battalion commander Col. Htin Kyaw, his two column
commanders, Maj. Ngwe Lin and Maj. Kyaw Win have taken responsibility. They have instructed and ordered the
villagers to provide how many villagers for how many days and when.
When the army ordered, every household have to send at
least one villager and depending on the pieces of works in the construction,
the 30-50 villagers everyday have to work for 3-5 days. After one group of
villagers completed one piece of work, another group would replace them. When
the villagers went to their work-sites they also have to bring their own foods
and tools along with them. If one villager failed to go to the designated
construction site, they also have to pay 500 Kyat per day fine to the army or
to hire a substitute with payment 500 Kyat per day.
Types of works in the construction are, digging the earth,
carrying dusts and stones, collecting stones and crushing stones into small
pieces, and building the embankment. In carrying stones from the far places to
the embankment, the army also conscripted the oxen-carts from every village.
So, the oxen-carts and driving villagers also lasted many days in carrying
stones. If one family could not provide the requested oxen-cart to the army,
the also have to pay 1,000 Kyat to army.
This motor road also passed some paddy farms owned by
Thingun-taw villagers and the army did not give them compensation cost for
those pieces of land. When the road passed a stream and built a bridge, the
villagers also have to contribute their free labour in building the bridges.
According to villagers, although they knew that LIB No. 273
received some budget from TOTAL company for construction contract, the army
never paid them for their labour or fed them during they were working in the
construction. However, this road is directly supporting the oil and gas
companies in the area including Unocal and Premier Oil for better communication
to carry their staff, workers and facilities that they brought from the sea.
More
Land Confiscation in Northern Part of Ye Township for
Military Deployment
(February,
2000)
Besides the previous land confiscation in northern part of
Ye Township, additionally, SPDC's LIB No. 343 confiscated another about 100
acres of land from 13 fruit and rubber plantations Mon farmers in February 2000
for military deployment. Previously in September 1999, the same military
battalion also confiscated about 800 acres of land from 90 Mon farmers of
Aru-taung and Kundo villagers of Ye township, to deploy LIB No. 343 troops and
another one artillery battalion. These new confiscated
lands
about were
also owned by Aru-taung villagers, and the government authorities and army did
not give them compensation costs for the lands.
The new confiscated lands were owned by (1) Nai Kun Ba, (2)
Nai Myo Lwin, (3) Nai Nyan Thein, (4) Nai Na, (5) Nai Bar, (6) Nai Thar, (7);
Nai Aung Shein, (8) Nai Taung Aye, (9) Mi Kin, (10) Nai Tee, (11) Nai Pan Tin,
(12) Nai Khin Aung and (13) Nai Yeah. Among these farmers, 8 farmers grew both
betel-nut fruits and rubber trees in their plantations while 3 farmers owned
betel-nut plantations and the remaining 2 farmers grew rubber trees. According
the farmers estimation, the total worth for these plantations is about 9.75 million Kyat.
All these land confiscation ordered by Southeast Military
Command bases in Moulmein, the capital of Mon State and LIB No. 343 has
actively participated in this land confiscation. After the previous land
confiscation, LIB No. 343 has managed in clearing some spaces of lands but not
all. The army also planned too take betel-nut fruits
and rubber from the plantations and so they have instructed the villagers, who
were conscripted as forced labourers, to clear only required lands for the
building of military barracks and training grounds.
After land confiscation, when the villagers knew the army
plan not only to use their lands for military deployment, but also to take
their fruits for battalion profit, 97 farmers, who lost the lands also wrote a
letter to Southeast Military Command and requested three points as compensation
from their views. The first request was to give compensation costs for their
lands and the second request was, if the army did not agreed to give
compensation costs, another choice is to give them another equal spaces of land
to create new plantations. The third request that the villagers applied to army
was, if the army could not allow the above two requests, to allow them taking
their own fruits for three years.
After that request was applied to army, a strategic commander,
Col. Cho Tun Aung also called a meeting with farmers who lost the lands on
January 31, 2000. In the meeting, the commander explained that due to urgent
requirement by the army, they have no choice but to confiscate these lands and
said the army would allow the farmers to collect their fruits for three years
if their plantations are not cleared to build the buildings in there. But the
commanders also threatened and instructed the farmers that if they enter to
their plantations, they must take permission letters along with them, the
origin owners must come and take fruits and the army must not allow any other
persons and if something happens in their plantations that harms to the army,
the plantation owners must be arrested and taken trials according to laws. Then
the plantation lands must be confiscated immediately.
After the strategic commanders
explanation and threat, one commander of LIB No. 343, Maj. Lin Oo, also
instructed the farmers that after they are allowed to gather their fruits for
three years, they must have to give or pay battalion fund with one-fourth of
products produced from the plantations. The battalion only requests fund as
cash after they sell one-fourth of fruit products of rubber and fruits.
Because of this restriction from the battalion, most
farmers decided to not re-enter into their plantation again. Some who tried to
go also face various restriction and delay made by army and authorities.
As result, the villagers have totally abandoned their lands.
Forced
Labour in Taking Security along Railway in Ye Township
(March
2000)
Since the beginning of dry season, September 1999 until
March 2000, under the instruction of Township PDC and the local military
battalions, at least about 4-5 villagers from each village have to take
security along the road, both northern and southern part of Ye town, Mon State.
The railways are from Moulmein to Ye and then, from Ye to Tavoy. Because of the
regular conscription of villagers' labour, many villagers lose opportunity to
work in their works full time and also lose income.
As the railway authorities and military battalions in this
area worry for the possible destruction of railway due to land-slide and
sabotages done by rebels, they have forced the local villagers from every
village to build at least one hut for one village in the designated places and
instructed them to take security. The authorities and local army officers
always give order to village headmen to provide villagers and send them to the
security huts on a rotation basis. One family must send one villager and so, in
one village, the headmen must send 4-5 villagers for one round. Those villagers
must take security for 24 hours.
Besides waiting in the huts, the villagers were ordered to
walk along the roads and if they faced something wrong on the way or suspicious
rebel activities, they must inform the officers in the nearest railway
stations. In the railway from Moulmein that connects to Ye, the road was built
over 50 years and was not strong enough and it could be easily destroyed. Similarly,
the regular land-slides always occur in Ye-Tavoy motor road, and the villagers
are also ordered to check the possible land-slide. The authorities worry for
the possible sabotages in
both parts of railway, because the rebel troops have been active near the whole
rural area of Ye Township.
During the villagers are taking security along the road in
many huts, the authorities or the troops also came and made surprise check to
them. If one villager from a village failed to take security accordingly their
instruction, that villager will have to pay fine 500 Kyat. In this forcing the
villagers to take security in the railway, although big villages which have
more population have less problems in arranging and providing the villagers,
the small villages which have few number of household are facing a lot of
difficulties because the villagers have to go many rounds to take security. The
small villages in the northern part of Ye Township such as Sontalin, Pingone,
Thingun-taw, Saung-phan and Pharan-maw are facing a lot of difficulties because
the villagers have less time to do their own works, because they have to go to
take security in railway about 4-5 rounds in one month. By combining with the time, that the villagers traveled to the security huts, one
villager from those small villages has to spend nearly 10 days within one
month.
In Ye Township area, the villagers are forced not only for
taking security in the railways, they are always conscripted to contribute
their labour in many types of works such as clearing small trees and bushes
alongside of railway and motor roads, using them as civilian porters for army,
making fence or building for army bases and others. Therefore, within one
month, the villagers have to do their own works for 10 days to 15 days.
Report
Levying
Tax for Porter Fee and Development Project in Mon State
I.
Analysis on SPDC's Taxation
I.
Under the rule of the current military regime, SPDC, since
it could not allocate enough budgets in its various branches of administration
and hundreds of army battalions, and the government gave new instruction to
support themselves, or creating battalion business fund. As a result, the government authorities and
army have collected various kinds of tax from the local civilians in many parts
of Burma, where they have more activities for military operation, adopting administration
and other cases related maintaining their power. Similarly, the authorities and army in Mon
State also collected various kinds of tax from the civilians.
As our analysis, in levying tax from the local civilians,
the government or the higher administration office in SPDC has no systematic
procedures and the higher authorities just give instructions to the local level
authorities and army battalion officers to find the way by themselves to get
tax from civilians or from our sources.
The amount of tax even for the same purpose, it was varied from one
township to another.
Sometimes, the civilians were arrested for some days and
the remaining families have to find the requested amount of tax or crops such
as paddy and others to give the authorities for the releases of their family
members. Sometimes, the army also requested tax from the civilians and when
they did not receive the set amount of tax, or the villagers failed to give,
the armed troops suddenly went into villages and made looting and sometimes,
kidnapping the villagers for tax. These
are terrible violations that normally have happened in many villagers in Black
Area, where the rebel troops have more control and the government has less
control. So, the civilians also said
"the acts of the government authorities are not accordingly to the laws,
and we have been suffered from the looting, stealing and kidnapping."
Depending on the geographical area, the authorities and
army collected tax from various civilians, farmers, fishermen, plantation
owners, day-labourers and sometimes even the government servants. Under unsystematic and unequal situation in
levying tax from the civilians, although rich families, who own more
properties, could manage paying the regular tax accordingly to the authorities
and army requested, many poor families in poor villages could not manage and
harder and harder to pay all kinds of tax.
Most types of tax are, (1) porter fees for the local
military battalions or for military operations, (2) tax for government's and
army's development projects, (3) tax for army battalion fund and other
occasional activities, (4) taxation from farmers, fishermen and day-labourers
cashes or crops, and (5) unofficial tax, by looting, stealing and confiscation
of belongings by army. The last type of
unofficial tax is always related to the punishment to the civilians in Black
Area, by the SPDC battalions. The rural
civilians' native villages are always suspected as rebel bases. (One type of taxation that the government
authorities and army are taking crops from farmers by purchasing at low price
which the farmers have to sell the set amount of crop already mentioned in the
previous The Mon Forum, Issue
No. 1/2000 and 2/2000.)
Note: In
this report, we focus on only the issue of taxation as porter fee and tax or
fund for development projects.
II.
Levying Porter Fee
Although the recent military government SLORC and current
SPDC agreed for ceasefire with NMSP, main armed group that has fought against
the Rangoon government over forty years, the civilians in Mon State still
suffered from paying regular and emergency porter fee to the military
battalions that base in their areas.
After ceasefire, the government has no major offensives in Mon State,
but still operates offensives against KNU and other rebel groups in Karen State
and Tenasserim Division.
NMSP leaders also expressed to Mon civilians soon after
1995 ceasefire that the government authorities and army officers might
discontinue collecting porter fee because of ceasefire. They also said there was one point in the
agreement that both sides of armed forces (SL ORC and NMSP) must not
take any illegal tax collection from the civilians and some SLORC officials
gave promise to not collect porter fee.
However, the agreement was done with DDSI (Directorate
of Defense Services Intelligence) led by Lt. Gen. Khin Nyunt, and most
military officials under the supervision of the military commands have not
cared on the agreement and so the troops from the Light Infantry Divisions and
Southeast Military Command still require porter fee from civilians.
During 1997 offensives against KNU, the collection of
porter fees was enormous and the arrest of porters were
widespread in Mon State again. Before the offensives started, SLORC's Southeast
Military Command from Moulmein ordered to its concerned local battalion
battalions to provide the possible number of porters to the military operations
that would launch offensives to carry ammunitions and foods for troops. As a good chance, the local military
battalions arrested more number of porters from every township of Mon State and
requested cash from the remaining family members to pay for the releases. This was one type of kidnapping the
villagers for cash. Or, sometimes, the
battalions instructed in the villages to provide how many porters and how much
for the porter fees. For example, when
a battalion instructed one village to provide four porters, they required only
two civilian porters but asked money for another two porters with amount from
10,000 Kyat to 50,000 Kyat per head depending on the wealthy of that village. Normally, to avoid being porters, many
wealthier villages gave money to the battalions. The more households in one village, the more
porter fees the army would receive.
Some villages with over 500 households had to pay army porter fee from
100, 000 Kyat to 300, 000 Kyat and during 1997 offensives, the army could make
a lot of income from the porter fees.
However to get the set number of porters, the soldiers from the
battalions tried to arrest many hundred of civilian porters in public places
such as markets, theaters and coffee-shops in some middle of cities, town and
villages. Then the military operations
were conducted in the battle-fields, the soldiers went into villages in black
area and arrested all men and took them as porters.
After 1997 offensives, the government
have not launched such big offensives later, and however the levying tax
as porter fees has continued until the beginning of 2000. In every dry season, the Burmese army always
operated offensives, the levying of porter fees have been conducted by the
local military battalions. Moreover,
whether the Burmese Army operates offensives or not, the local military always
collect porter fees from the civilians in a regular basis, once a month or twice
a month. The amount of porter fee for
each month is differed from one area to another, and the rate of it is from 100
to 500 Kyat per household in every month.
When the Burmese Army launched the military operations, the local
authorities and army battalion took more porter fee from the civilians.
For an instance,
Before the Burmese Army launched on offensives against KNU
and God's Army
which based in Tenasserim Division during September and October, 1999, the load
military battalions in Mon State, by coordinating with local Township/ /Village
tracts/ Village PDC authorities had collected porter fees from every villages
and towns under the government control area or "White Area", and the
battalion arrested many porters in government loose control area or "Brown
Area". So, many villages in White
Area have pay porter fee from 10, 000 Kyat to 100, 000 Kyat depending on the
population and household number of a village.
In collecting porter fees, the headmen in the village or town ward had
to take responsibility and gave the money to army. In some villages and town wards, the
corrupted headmen collected more porter fee than instructed by battalions and
took them into their pockets. For examples,
a Mon village with name Zinkyaik in Paung Township, with about 500 household
have to pay 50,000 Kyat porter fee and the headmen collected about 150 Kyat per
household. The headmen also took some extra porter fee into their pockets. Similarly, the headmen and militia troops in
Kwan-hla village of Mudon township also collected
porter fee about 200 Kyat from every household.
In this offensives, the local authorities and army received
many millions Kyat porter fee in Mon State alone. Similarly, the authorities and army also
collected porter fee from Karen State and Tenasserim Division. As the government or army has no tax
procedures or accounting system for the levying such porter fee, the civilians
could not estimate how much the army received porter fee and how it spent these
cash.
Besides the offensives against the rebel groups, SPDC
authorities and army always take regular porters to take security on the main
motor roads and railway roads and in their military patrol or operation in the
rural area. Whenever the concerned
battalions requested some number of porters from one village, sometimes they
just asked for porter fee, because they really did not want porters. Or, sometimes, if one battalion needed 2
porters from one village to carry ammunitions and food supplies for military
patrol (different from offensives) around the rural villages, they
requested four porters from headmen and actually took two porters and asked
money from another two porters from that village. Similarly, when the army
asked porters to take security along the motor roads or railway roads to act as
informers to inform about the activities of the rebels, if one village failed
to go to the designated places, they might have to pay 500 Kyat per head for
one day to the nearest military battalions or to headmen.
Besides this type of porter fee, the authorities also
collected the regular tax from the local villages. Depending on the area condition, the
authorities have less levy tax from the area in their control, White Area,
while they have collected more in Brown Area, where they felt the civilians in
that area are the supporters of rebel armies.
Most Brown Areas are situating in some part of Ye
and Thanbyuzayat townships in Mon State, and the civilians in these areas have
been suffered more from the levying of porter fee.
As an instance,
In Ye Township, there are over50 small villages in Brown
Area, recognized by authorities and army.
Since November 1999, when the army launched offensives in Tenasserim Division,
the authorities and army instructed the village headmen to collect porter fee
with amount 500 Kyat per household
Thus, the headmen took responsibility and collected porter fee from
villagers. On December 7, when the headmen collected porter fee from Duya
village of Ye Township, they also had argument with villagers and some villagers
refused to pay porter fee,
because they complained that since there was no offensives in Mon
area or against NMSP, they did not want to pay.
Many households did not porter fee to headmen and at the end, headmen
said if the villagers did not give porter fee, the army would come and take
porter fee. On the next day, the
soldiers from IB No. 61 went to that village and threatened the villagers that
if someone refused to pay porter fees, they might arrest and use them as
porters in front lines or detain in battalion headquarters in Ye to use them as
permanent porters. Then, every
household has to pay 500 Kyat per month until now. With this rate of porter fee, the authorities
and army could get about 15 million Kyat porter fees every month.
However, the people had no rights to complain against the
illegal collection of porter fees which does not exist in the laws or
constitution. The general population
has not satisfied to the government and army's abuses of power in levying
porter fees after NMSP-SLORC ceasefire.
According to their belief, when the government has agreed ceasefire with
many ethnic armed oppositions, such arrest of porters and collection of porter
fees should not be widespread or exist.
III.
Levying Tax for Development Projects
When the government and army are implementing development
projects, such as new land exploration; building roads, bridges, hospitals,
schools, telephone exchange offices; and establishment new satellite town
section, they also collected tax from villagers and also have conscripted their
labour. In this report, we just focus
on how the authorities and army have levied tax from civilians in the whole Mon
State for their development projects, but not about conscription of forced
labour.
After NMSP-SLORC ceasefire, under the name of Border Area
Development Program (BADP), SPDC's Ministry of Progress of Border Areas and
National Races and Development Affairs also created a department for
development projects in Mon area and have implemented
various types of projects such as building roads, dams, dikes, water canals,
schools, hospitals and others. Whenever
the Department of BADP implemented one project, sometimes, the government
allocates only small amount of budget, which could not cover for all
expenditures of the projects, and so the authorities and army battalions in the
area again collected tax for these development projects. Or, the department just gave order to the
local authorities and did not provide any budget and instructed to do such
development with self-help fund. The
authorities and army also enjoyed in collecting fund from the civilians in the
area, because they could get some extra amount of cash from civilians.
As an instance,
When Ye Township authorities and army from LIB No. 299,
which bases near Ye town, planned to build a 12 miles-long motor road from
Hangan village to Khawia under the direction of department of BADP, the
authorities have collected about 2,400 Kyat tax from every household in
January, 2000 for that road building project.
A bout 7 Mon villages of about 2, 000 households which
were on the road had to pay this tax.
Before the authorities came and collected tax from the villages, an
officer Lt. Col Myint A ye from Department of BADP came to Ye township and
explained to the villagers that the government adopted budget for the building
of that road and he asked the villagers to help the government. In meaning of help the government, the
villagers must have to provide tax to the authorities and army battalion, who
took responsibility of building the road.
According the local authorities, every household near the road or on the
road, who may use the road, when it is completely constructed must have to
provide with two Kyins of stones for the road.
These 2 kyins of stones had a cost about 2,400
Kyat and so every household had to pay for that amount of cash. So, the authorities received a lot of fund
for the building of the road and on the other hand, they still have conscripted
the villagers to contribute free labour in the construction.
Similarly to this project, when
the government widen and re-build Ye-Tavoy motor road; bridge that connects Mon
State and Karen State, and other infrastructure, the government collected a lot
of tax from the civilians. Not only
infrastructure projects, when the government planned to build hospitals,
schools, and other buildings for public, the government had adopted very lack
amount of budget, and then the authorities collected fund from the civilians.
As
an instance,
When Ye Township authorities built a clinic in Kyaung-ywa
village in the township, at the beginning of 1999, the authorities have ordered
the headman near that village to give donation with amount 100, 000 Kyat per
village. A (cording to authorities, the government has not provide any budget
and instructed them to build that clinic with self-help fund. Thus, the headmen in 6 wards on the towns and
over 15 villages collected fund from the civilians. Sane villages had only 50-60 households, the
headmen were quite difficult to manage to get the full amount of fund from
their villagers. So, some villages could
not give the set amount of fund to authorities, while some that had over 100
households could give the set amount of
fund Thus, at the end, after the
authorities could not receive the set amount of budget to build that clinic, an
army battalion LIB No. 343 also set checkpoint or gate in one place on Ye river
and collected tax from fruit growing farmers who use the river for travel. The farmers who have fruit plantations along
Ye river travel in the river and send their fruits, such as betel-nut,
cashew-nut, lime, orange, durian and others to Ye Town. When the farmers arrived to checkpoint, they
had to pay tax to army with amount 500-1500 Kyat per boat depending on the
amounts of fruits carried in their boats.
Similarly, they also collected tax from passenger boats, which carried
the travelers from villages along Ye river to Ye Town. Sometimes, some immigrants from Thailand
returned to their natives and used this river.
If the army met someone who came back from Thailand, they took 2000-5000
Kyat from one immigrant worker.
The above mentioned instance for
the building a clinic was under the program of border area development
project. Not only in the areas close to
border or government's loose control area, the authorities also collected
various types of tax for development projects in their firm control area. The implementation of these development
projects under the government firm control areas are not under the BADP. Under the different ministries, or sometimes
under the supervision of Southeast Military Command or local battalions, the
government authorities or soldiers implemented some type of development
project, normally collected tax from the civilians, to complete the whole project.
As
an instance,
In December 1999, when the authorities in Chaungion
Township, Mon State planned to buy teaching supporting facilities for 5
government high school in the whole township, the authorities ordered to
headmen in all villages and town ward to collect 100 Kyat per household, Under the plan of State Education Committee
led by Lt. Gen. Khin Nyunt, it has a slogan that to uplift the educational
level in the whole country, and so the committee ordered Chaung-zon township
authorities to implement the plan to fix computers in all high schools in the
township. However, the government did
not provide any budget but instructed township authorities to seek township
fund
Such type of tax collection for
upgrading education and health always taken place in government control area
and the civilians are always suffered from various type of levying tax by
authorities. According civilians, they
have to regularly provide tax to authorities for many types of
developments, road building, bridge building, dam and dike construction and
others, every month.
On the other hand, for the stabilization of local military
battalions and creation of battalion's regular income, many military battalions
in southern part of Burma, under the command of Southeast and Coastal Region
Military Commands, the local battalions have planned to explore new lands and
to build dams, dikes and water canals to get available water for their farmers.
According to State instruction, the battalions must grow 2 seasons' crops for
more paddy crop production in their own farms.
As the battalions require water for their farms, they have built dams,
dikes and water canals. When the army
battalions implemented these types of development projects, they always
collected fund or tax from the civilians, by showing reasons that this water
storage system could also be profitable to the local farmers.
As an instance,
A t the beginning of 1999, when Kyaikmayaw township
authorities, including Township PDC, police station and army from the Southeast
Military Command planned to build 20 feet wide 14 water canals in their
confiscated 1,000 acres of land, they also ordered the headmen in villages and
town wards to collect 1,000 Kyat from each farmer family and 500 Kyat from
non-farmer fondly to get fund for canal construction. So, from the whole Kyaikmayaw township, the authorities received many millions Kyat for
this construction.
Under the rule of the military government, since the
government has no accounting system to check the income and expenses of the authorities
that they have collected fund from civilians and how they have spent them, most
authorities and army officers have enjoyed in corruption of taking public money
into their pockets. Therefore, those authorities and army officers have been
getting unusual rich under the slogan of SPDC to do development in the whole
country.