Voices from the Ground:
Concerns Over the Dawei Special Economic Zone and Related Projects.
Written and Published by: Dawei Development Association (DDA) Date: September 2014 Editing Team: Robert Finch, Alex Moodie, Rebeca Leonard, Luntharimar Longcharoen, Jessica Armour, Ratawit Ouprachanon, Areewan Sombunwattanakun Design: Napawan Sittisak, Surapongman Cover Photo: The road to ‘Kilometer 0’ of the Dawei SEZ, cutting directly through an existing rich and protective coastal mangrove area. Rear Cover Photos: DDA and Dawei people movement against coal fire power plant at Muangmagan Beach
This work is licensed under the Creative Commons Attribution 4.0 International License. This license lets others distribute, remix, tweak, and build upon work, as long as credit is given to the original creation. Contents
Acknowledgements 4 Executive Summary 5 Introduction 7
Background Part DSEZ project 9 1 Current status of the project 10 Project locations 12 Industrial estate area and port (inside the DSEZ boundaries) 12 Near the DSEZ area 14 Road links 15 Water supply reservoir 15 Research Methodology 16
Findings Part Livelihoods of those affected by the DSEZ projects 19 2 Lowland villages 21 Roadlinks: upland villages 23 Water supply reservoir: Kalonehtar 24 Non land-related livelihoods in the affected areas 24 Incomes in affected areas 24 Summary 26 Losses and impacts reported 27 Processes of land confiscation 33 Access to information 33 Printed materials and documentation 33 Knowledge of the project 33 Meaningful consultation 36 Community meetings 36 Lack of consent 38 Intimidation by officials 41 Meaningless consultation and image building 43 Compensation 44 Information on compensation process and entitlements 44 Payment of compensation 44
02 Contents 03 68 52 60 66 67 57 67 70 62 62 63 64 66 46 47 50 50 53 56 69 72 79 75 85
76
Conclusion Recommendations Right to education rights Indigenous peoples’ obligations State responsibility and extra-territorial Business and human rights Regional standards Thai domestic law Myanmar domestic law from responsible parties Commitments to displaced persons of displacement Case studies Summary of findings standards, and and domestic legal obligations, International, regional, responsibilities Fundamental human rights of living Right to adequate standard evictions forced from Right to housing and protection Right to information, participation, and adequate compensation Receipts of compensation Amounts for with international of compensation Alignment standards involuntary resettlement payments Use of compensation future Preparing for the arrangements Resettlement Dawei Deep Seaport & SEZ, Chronology of Events 2008-2013 Thai Human Rights Commission Submission to the 3 4 Part Part Annex II: Annex I: Acknowledgements
This report has been made possible by the help and Development Committee (CSLD), Tarkapaw, Tavoyan support from many individuals and organisations Women’s Union (TWU), Dawei Research Association during its long journey and process. On behalf of the (DRA), Tenassarim River and Indigenous Peoples research team, we would like to express our gratitude Network (TRIP NET) and Burma Partnership (BP) towards these significant contributors and advisors. for their involvement in the process of research First and foremost, we would like to thank design, data collection, data analysis and report writing. all the local people from the 20 villages who have We are grateful to TERRA, EARTH, Mekong Watch, supported and provided information to make this Earth Rights International (ERI), Patrick Oswald and happen, including the participants in the focus group Ko Zaw Aung for their valuable comments and discussions, who gave us valuable inputs reflecting additional information for this report. We also would their situation on the ground for this report. In like to thank Daw Khine Khine Maw for her hard work particular, we would like to thank to U Aye Swe and for the quantitative data analysis. A special thanks is Daw Ma Lay at Bawar resettlement area, U Soe Naing due to Rebeca Leonard and Luntharimar Longcharoen from Cha Kan village and Daw Lay Po from Yawdut who supported and advised the research team Thar salt making village who allowed us to interview throughout the process. them. In addition, we are thankful to the abbots of Finally we would like to thank to Paung Ku Mayin Gyi monastery and Kalonethar monastery for and Spirit in Education Movement (SEM), as well as providing space for the research team to carry out their donors, for providing financial support for this data collection in these areas. research and spending time and energy in finalising We would also like to thank all 64 local this report. We would also like to thank to those who we research team members, including 48 data collectors, did not mention, but also gave important contributions 11 data entry volunteers, four research co-ordinators to this report. We are grateful for such a wide-ranging and one research team leader who conducted the collaboration among people and organisations at quantitative survey, focus group discussions and case local, national and international levels. This report study interviews. We also would like to express our would not be possible without all of them. gratitude to Community Based Sustainable Livelihood
Dawei Development Association (DDA) August, 2014
04 Executive Summary 05 land is a land for the majority of people in the in the people of the majority for The research surveyed of 20 villages locatedresearch total a The that conclude study of the findings Main All villages included in this study have already already have this in study All villages included occupation. with planted only not are cases, fields many In either uses, whichprovide of mix a have but crop, one just not are livelihoods both. Land-related or income, food or and fisheries, rearing, - livestock crops from derived only 13 for incomes significant also provide products forest surveyed. allOf all households households of percent surveyed, expect their land of lose to some 71 percent all or directly, either land lost already have Many DSEZ. the to ports, roadlinks, reservoirs and resettlement areas. Also as areas. resettlement and reservoirs roadlinks, ports, the Dawei, 20 km from just area in a populated is the site the rural, coastalfrom people more many capital, regional to highly likely District, are Dawei of populations urban and other and environmental negative be to subjected impacts petrochemical and the industrial from emanating goes ahead. if it complex, DSEZ (9 in villages), ofthe boundaries the officialwithin lie in 3 villages that (8 villages), and the roadlinks areas affected directly nevertheless are but area outside the SEZ resettlement one for thelocations theyas are theproject, by reservoir. supply water small the large port, and one village, teams local collected was by research data Questionnaire every visiting sample, a random on 1,583 households from with complemented was This in each village. house third villages.18 in discussions focus group from inputs additional the document to held interviews up were follow addition, In the to been due displaced who villagers have experience of DSEZ. critical livelihood asset affected of majority The by DSEZ. the be areas to affected be to their primary agriculture consider percent) (71 people villages are planned to receive the populations that will be that villages the populations receive to planned are areas. the project from displaced of current On the project. basis by the been affected directly is it be to carried out, works the future about information 20-36 villages, within (comprising people that estimated - 43,000 22,000 or households 4,384 - 7,807 approximately of by construction the be affected directly would people), the DSEZ estate, industrial and including projects, related - - - Executive Summary Executive The project was launched in 2008. Land has has in 2008. been Land was launched project The In November 2013, concession rights for the the for rights 2013, concession November In The DSEZ is a bilateral economic cooperation cooperation economic bilateral is a DSEZ The pipeline to Thailand. A large water supply reservoir is also supply water A large Thailand. to pipeline a small port the the DSEZ, to of the northeast to planned a quarry severalsouth, the north, and resettlement to also being constructed linking the DSEZ with Thailand. Thailand. with also linking the being DSEZ constructed also are route a similar links along transport Additional gas and new a oil of the construction with along planned, medium and light industry factories; and one or more electric more or one industry and factories; light and medium alsobeyondproject extends infrastructure The plants. power roadlink is international an zone, economic the demarcated industrial estate area including: a deep seaport and a deep seaport and including: area estate industrial dockyards; mill;fertilizersteel and refinery oil complex; an plant; processing paper and pulp petrochemical plant; initial infrastructure development and in certain areas cleared an primarily willproject comprise begun. already The has owned (50:50) by the governments of Myanmar and Thailand, and Myanmar of the governments (50:50) by owned for responsibility direct both countries which underlines project. SEZ the Dawei referred a new company type to of transferred project were is SPV jointly The (SPV). Purpose a “Special as Vehicle” to investment and the search for new investment partners be new investment for the search and investment the project been so has far fruitless.Consequently, but gan stalled. currently is the Dawei Development Company Ltd. (DDC) a joint ven (DDC) a joint Ltd. Company Development the Dawei Myan Max and ITD (75 percent) by owned company ture its withdrew Myanmar 2012, Max mar (25 July In percent). Thailand and Myanmar, initiated in 2008. A 60 year concessionyear in 2008. A 60 initiated Myanmar, and Thailand Plc. (ITD) in Development Italian-Thai to granted was of been in the so name far carried out have 2010. All works implementation of the project. of implementation of governments between the national jointly owned project by which the DSEZ project has unfolded, and the extent to to the extent and unfolded, has project which the DSEZ by and being protected the local of are which the rights people in the corporations and States the relevant respected by would be one of the largest petrochemical industrial estates petrochemical estates industrial the largest of be one would a quantitative of the results presents It Eastin South Asia. the process understanding at aimed study, qualitative and This report examines the Dawei Special Economic Zone SpecialZone Economic the Dawei report examines This which, if realized, Myanmar, in Southern project (DSEZ) by confiscation, or indirectly, as their lands are ren- DSEZ have thus far failed to adequately consider or dered unusable as a result of landslides and water channel incorporate affected communities into the decision-making blockages due to DSEZ project operations. and development process. By removing access to farm and The research discovered critical flaws in the other lands without putting in place adequate arrangements process of land confiscation and payment of compensation. for compensation, resettlement and rehabilitation, the project Firstly, the community was given limited information is putting at risk affected people’s livelihood and means of about the DSEZ project and displacement. Two thirds (66 survival, in violation of the human right to adequate standard percent) of households surveyed did not receive any infor- of living. The DSEZ project has proceeded without the free mation from the government or company at all. Of those prior and informed consent (FPIC) of affected communities that received information from the government or company, in violation of the rights of indigenous peoples. The research the majority, around three fifths, said that the information and analysis also shows that the DSEZ project partners did revealed only positive impacts and benefits of the project. not adhere to relevant international, regional, and domestic Only six percent of households surveyed knew of the oil, legal obligations, standards, and other responsibilities of gas and petrochemical industrial complexes to be built in the project partners, including international standards on their neighbourhood, despite the fact that these are central involuntary resettlement. components of the SEZ development plan. Like many developing countries, Myanmar still Secondly, there was no meaningful consultation lacks adequate laws to regulate industrial investment and with affected persons. Only 27 percent of the respondents economic development. As a good neighbor and joint-owner had attended any meeting about project implementation. of the project, the Thailand government must ensure the Focus group participants described these meetings as “one- investment complies with its own domestic legislation as way” presentations. Of those who attended the meetings, 82 well as all international instruments in relation to forced percent did not actively participate in the discussion, mostly evictions, rights to adequate food and housing, and indigenous because they did not understand what was happening or peoples’ rights. The Thai Government should investigate and there was no opportunity to ask questions. Only 8 percent of take appropriate measures against all companies domiciled households gave the government their consent prior to the in Thailand that abuse the human rights of communities start of the project. affected by development projects, regardless of where company Thirdly,the compensation process is deeply operations take place. flawed. The calculation and payment of compensation was The National Human Rights Commissions of uneven and not transparent, and there has been no list of Thailand and Myanmar should collaborate to carry out a compensation payments made public. Overall, only around full investigation in a transparent, consistent and proactive 15 percent of all households surveyed reported having manner, into all complaints of human rights abuses, relating received compensation payments. Where compensation to land confiscations and forced evictions as a consequence has been provided, there have been significant delays. Four of the Dawei SEZ project activities or operations conducted fifths of those compensated are still waiting for completion of by companies domiciled in Thailand and Myanmar. payment. Only 9 percent of those receiving compensation Systematic failures in the initial implementation were given official documentation, indicating the high of the DSEZ project are causing hardship for affected possibility of corruption. In addition, the amounts received people. Many people have expressed a deep sense of injustice have mostly been inadequate to sustain the recipient family’s from their treatment. Local people have expressed that they future. Resettlement arrangements have also been inadequate, are not against development, but want development that is as the living standards of those who have been moved out not harmful to people or the environment. The governments have been considerably lowered and, in some cases, resettled and other project partners should take people’s concerns families are living in circumstances of great hardship. seriously and work towards sustainable development by Project proponents and partners, in particular the improving the livelihood security of the local communities Myanmar and Thai governments, have legal obligations to and environmental sustainability. respect and protect the human rights of communities and individuals affected by the DSEZ. Those in charge of the
06 Introduction 07 Key findings from the study raise important important raise study the from findings Key policysectionout sets concluding The
people have raised several important objections objections raised several important have people in been has implemented the project the way to and actions several Their on occasions. their area to letter detailed in the complaint are initiatives Rights Commission, Human National the Thai in both included the project, of a chronology and this report. to the Annexes necessary to access local to people’s related concerns consent, informed and free prior information, work, and food, housing adequate to the rights evicted of the relocation for preparations payment calculation, of the process communities, as compensation/reparation, of sufficiency and those for whose remedy effective to access as well The of DSEZ. the by development the affected the findings of part focuses a discussion third on and laws international applicable of in the light of provisions and standards, regional principles, laws. domestic Thai and Myanmar parties who the various for recommendations the Dawei of development in the future a role have Thai the government, the Thai including SEZ, the Commission, Rights Human National Parliament, the Myanmar Government, Myanmar the Commission, Rights Human the Myanmar potential future and ITD Union, National Karen Local community. the international and investors, qualitative data from households in 20 villages households from data qualitative including project, by the been affected have that the roadlinks port area, and estate in the industrial area. supply water villages and resettlement area, Introduction The first part of this report contains a contains report ofpart this first The The study will be of direct interest to the will interest direct of study be The
This is followed by a short profile of the Dawei Dawei ofthe profile short by a followed is This their livelihood activities. The and people its area, and collecting quantitative methodology for Dawei Special Economic Zone (DSEZ) projects, projects, Dawei(DSEZ) Zone Special Economic known. publicly as far as status their current and are struggling against similar projects. similar struggling against are the of a profile outlining introduction short national and Tanintharyi regional parliament, as as parliament, regional Tanintharyi and national support to working who are organisations as well who elsewhere or in this area local communities sector investors who are currently considering considering currently who are sector investors report will The in the project. involvement future the Myanmar of Members to also interest be of private sector corporations who have invested in invested whohave sectorcorporations private public sector and the private as well as theproject, Thai National Human Rights Commissions, to Rights Commissions, Human National Thai by 2013 been raisedduring have appeals whom the relevant to and groups; local community equal have who governments, Thai and Myanmar and the Myanmar project; in the DSEZ stakes rights of the local people are being protected and and beingprotected the local of are rights people corporations and States the relevant respected by the project. of in the implementation DSEZ project has unfolded from the perspective from unfolded has project DSEZ which the to the extent the local and of people, be one of the largest petrochemical industrial petrochemical industrial the largest of be one the results presents It East in South Asia. estates which the by the process understand to a study of This report relates to the Dawei Special Economic to the Dawei relates report This Myanmar, in Southern project (DSEZ) Zone could what develop in 2008 to initiated which was Figure 1 : GMS Southern Corridor; Source : DDC website, accessed May 2014
08 Part 1 09 Part 1 Part Background The infrastructure project also extends beyond the designated designated the alsobeyond project extends infrastructure The The project was launched in 2008 and infrastructure infrastructure in 2008 and launched was project The
planned to the northeast of the DSEZ, a small a port the the south, DSEZ, to of the northeast to planned to planned villages are quarry several the north, and resettlement to production include the construction of a 3,000 MW LPG power a 3,000 MW LPG power of the construction include production about public made information been has little there now, Until plant. Preparatory the project. of components many of form the scope or Kilometer near land of the clearing include completed already works VIP housing, and centre, a small port, a visitor a quarry, “Zero”, constructions. other amongst linking being constructed roadlink is international An area. DSEZ a similar links along transport Additional Thailand. with the DSEZ and a new oil of the construction with along also planned, are route reservoir is also supply water A large Thailand. to pipeline gas area 20 km to the north of Dawei. Dawei is the capital of Tanintharyi Tanintharyi of the capital is Dawei Dawei. the of 20 km north to area of 350km west around located is and Myanmar, in Southern Region Bangkok, Thailand. primarily willproject comprise begun. already The has development dockyards; a deep seaport and including: area estate industrial an of mill;fertilizersteel plant; and petrochemical refinery oil complex; an industry factories; light and medium plant; processing paper and pulp estate industrial the for of power The source electricity generation. and establishment the original included plan The stillis discussion. under power for plans Current plant. 4,000 MW coal-fired power a large of DSEZ project an in has been declared (DSEZ) Special Zone Economic The Dawei agricultural 204.51 sq to km, which lies in a populated extending area receive the populations that will be displaced in Dawei to be transported to Thailand. The project from the project areas. would connect the East-West Economic Corridor The DSEZ project is a bilateral economic (Myanmar, Thailand, Lao and Vietnam) with the cooperation project owned jointly between the Southern Economic Corridor (connecting to national governments of Thailand and Myanmar, Cambodia) and the North-South Economic who must take overall responsibility for the Corridor via rail links to Kunming in China. It is management and conduct of this project. The also expected to increase trade between member project was formally agreed in May 2008, shortly states of the Association of South-East Asian Nations after Cyclone Nargis brought about Myanmar’s (ASEAN), particularly following the inception of worst recorded natural disaster. In the following the ASEAN Economic Community in 2015. month, the Myanma Port Authority signed an MoU with the Thai construction company Italian- Thai Development Corporation (ITD) to develop the DSEZ. Until the present, all works have been carried out in the name of the Dawei Development Company Ltd (DDC) a joint venture com- pany owned by ITD (75 percent) and Max Myanmar (25 percent)1. If realised, the Dawei SEZ project will establish one of the largest industrial zones in Asia. Dawei is projected to become a hub of logistical activity in the Greater Mekong Sub-region (GMS), connecting cargo ships Dawei Watch Thailand from India, the Middle East and Europe to the Southeast Asian The Dawei Deep Seaport and Industrial Estate Development Project site. mainland and China, significantly reducing transportation costs by bypassing the Current status of the project Malacca Straits, one of the busiest shipping lanes Project partners have encountered many problems in the world. in securing the US$50 billion in investment capital Its development is a key element in the they have estimated will be required to develop East-West Economic Corridor envisaged by the the Dawei SEZ projects. In July 2012, ITD’s local Asian Development Bank. A proposed highway partner, Max Myanmar announced that it was leading to Bangkok, and possibly beyond, will withdrawing its investment from Dawei Devel- provide Thailand an outlet to the Andaman Sea, opment Company, leaving ITD searching for and allow for oil and industrial products produced new investment partners.2
1 Max Myanmar later sold its stake in 2012, as described below 2Italian-Thai seeks investors to replace Max Myanmar in Dawei,’ Reuters 6 July 2012, http://uk.reuters.com/arti- cle/2012/07/06/us-myanmar-dawei-italianthai-idUKBRE86506C20120706
10 Part 1 11 . - 8 . However the construction of of the construction . However 9 . 7 Local people have been told that the coal- been that Local told have people that indications are there Nevertheless,
plans to construct coal-fired power plants in the plants coal-fired construct to power plans been has release A press been revived. have area ITD Mitsubishi, corporations, three from issued on 26 Electricity (Thailand) and Generating building their interest 2013 indicating November in the DSEZ plants power gas natural coal and MW 7,000 to up of capacity output an with a decision also that reported have press Myanmar of government been the regional has taken by plants, power coal-fired five build to Tanintharyi pending 2,640 megawatts, 50 to from ranging the by reports SIA and the EIA of approval Bank, citing the World and national government Electricity Industry the regional as and their source Swe Win Minister area in DSEZ the project plant a coal-fired power tothe local announced been officially not has people. process not is It delayed. beenhas significantly in future see any whether investors known yet who will the financial or the stalled take on project, possible, as far as repairing, for responsibilities incurred. already the damages has A beenproject cancelled. plant fired power 9 January on made was announcement public Khin Electricity Minister Myanmar’s by 2012 Soe the 4,000 MW coal-fired cancel to Maung “environmental citing (CFPP), project plant power problems”
4 and 3 . The Terms of Reference and and selection of Reference Terms . The 6 Clearly there is a major shortfall in the a major is there Clearly 5 Both Thai and Myanmar governments governments Myanmar and Both Thai It has been agreed that seven been special has that agreed It The search for new investment partners new investment for The search DDC website, accessed on 17 April 2014 http://www.daweidevelopment.com/index.php/en/about-ddc/introduction 17 April accessed on DDC website, 2012, http://www.dvb.no/news/burma-cancels-huge-tavoy-power-plant/19539 10 January AFP, plant’, power Tavoy huge cancels ‘Burma According to the 2nd Joint High Committee Meeting on 17 June 2013, and later formalised in an MoU in November 2013. The 2013. The in November MoU in an formalised later 2013, and 17 June on Meeting Committee High Joint the 2nd to According
Mitsubishi to build massive power plant in Myanmar with Egco, ITD, 26 Nov 2013 http://www.nationmultimedia.com/business/ 26 Nov ITD, Egco, with in Myanmar plant power massive build to Mitsubishi http://mmbiztoday. 2014 April, | 7 Today Business Myanmar | Aung Thu Shein protests” despite plants 5 power plans “Tanintharyi ‘Dawei seizure claim stuns ITD,’ Bangkok Post, 16 November 2013, http://www.bangkokpost.com/business/news/380111/dawei- 16 November Post, Bangkok ITD,’ stuns claim seizure ‘Dawei ‘Dawei ready to roll,’ Bangkok Post, 31 December 2013, http://www.bangkokpost.com/business/news/387346/dawei-ready-to-roll. Post, Bangkok roll,’ to ready ‘Dawei com/articles/business-news-brief-8 8 Mitsubishi-to-build-massive-power-plant-in-Myanmar-30220558.html 9 ing Countries Economic Development Cooperation Agency (NEDA) respectively. (NEDA) Agency Cooperation Development Economic Countries ing 5 6 7 seizure-claim-stuns-itd. 4 Neighbor and the (FERD) Development Relations Economic Foreign by the represented are governments Thai and Myanmar lasted since November 2013, the SPE tender tender 2013, the SPE November since lasted 3 However given the current hiatus in decision- hiatus the current given However has which government the Thai of power making have hosted public events to encourage Japanese Japanese encourage to events public hosted have major as join to investors interested other and project. revised to the DSEZ financial backers criteria for the bidding process have not been not have process the bidding for criteria public. made SPEs, to be selected on a tender basis. ITD has be ITD has basis. to selected a tender saidSPEs, on the in all of participate to bid to intends it that seven SPEs road link, industrial estate, electricity, water supply, supply, water electricity, link, estate, industrial road links. rail Foreign and telecommunications, in these invest to will be encouraged companies the SPV corresponding to seven components of of the seven to components corresponding the SPV specifically deep project, the seaport, SEZ Dawei project finances at present. present. at finances project will under (SPEs) bepurpose established entities oversee the Dawei SEZ project. The initial initial The project. SEZ theDawei oversee US$ to amounts in this company investment 400,000. The SPV, which was established on 17 June 2013 June 17 on established was which SPV, The the governments (50:50) by owned jointly is and to responsibility has Thailand, and Myanmar of rights transferred to a new type of company a new company type to of transferred rights referred (SPV). Purpose a “Special as Vehicle” to has so far been fruitless and the project is currently is been so the project has far fruitlessand concession the 2013, 60-year November stalled. In cancelled 2010 was ITD since to granted
Project Locations 6 villages”11. When a subsequent announcement The sites of the Dawei SEZ industrial estate, deep was made to the press, however, about the revisions seaport and the routes of the road links and water to the project area in Yangon on 2 December 2013, supply reservoirs appear to have been selected on no civil society groups were invited or informed. technical criteria, focussing on suitability for Legal notification of new boundaries has construction and trade. There is little evidence not yet been published in the official gazette, and that the choice of location was examined on social local administrations have not yet been formally and environmental criteria before the project began notified of any change. In this context, the situation to be implemented. remains unclear for the affected populations. By selecting the current project sites Villagers in the areas supposedly “exempted” to however, it is certain that entire villages will be the southwest were informed by the Township required to move, other villages will lose productive Land Department in early 2014 that their lands farmland and fisheries, forests will be cleared, are not eligible for land registration because they coastlines destroyed and cultural sites enclosed. are still within the area demarcated as the DSEZ. Four areas can be distinguished (inside the SEZ and three areas outside the SEZ) as follows:
Industrial estate area and port (inside the DSEZ boundaries) Official notification of the boundaries of the DSEZ was made on 12 May 2012, in accordance with the Dawei Special Economic Zone law10. In 2011, it had been explained that 19 villages would have to be moved as a result of the DSEZ project. This was later revised to 16 villages (see table 1). The boundaries of the industrial estate area may be changing again. An unofficially obtained map produced by ITD dated 17 August 2013, shows that a large area in the southwest of the DSEZ has been exempted and a new area to the north now included. On 9 September 2013, a report by the supporting working group of the Dawei Special Economic Zone during the visit of the Speaker of the Lower House to the DSEZ reported that the demarcated area for the Dawei SEZ project has been revised “enclosing a total of
10 Although the DSEZ law has now been annulled as a result of the new Myanmar Special Economic Zone Act passed in January 2014, section 93 states that previous notifications of Special Economic Zones remain valid. 11 Unpublished report, prepared by supporting Working Group for the Speaker of the Pyithu Hluttaw [Lower House].The boundaries in the Report appear to be revised to enclose a total area of 196 sq km, or 8.51 sq km less than the original plan.
12 Part 1 13 x x x x x x 2/12/13 x x x x x x x x x x x x x x x x Centre Centre At Visitor At Included in official list on list in official Included x x x x x x x x x x x x x x x x x x x 2011 Each of the above villages are located inside inside located villages are the above Each of 451 509 821 328 145 449 746 603 2029 1662 2253 2391 2668 3337 1453 2111 1623 2212 1524 1060 2063 1900 areas, despite the fact that they have already been been already they the fact have that despite areas, described (as project directly by DSEZ the affected overleaf). Note: boundaries. area SEZ the current to in close proximity or these from omitted villages, are other many However, water areas, roadlink inthe for example lists, official smallresettlement port, reservoir and area, supply Population 93 49 52 23 99 268 135 626 335 393 162 320 197 101 378 210 347 314 405 287 340 421 Families 41 52 18 82 92 236 136 610 104 339 411 169 333 205 369 196 343 321 415 242 348 410 Households according to government statements 2011-2013 to government according Table 1: Villages and people affected by DSEZ project DSEZ by affected people and Villages 1: Table (no date) Villages listed in the map of affected of in the map listed Villages date) (no Management Project (2 Dec 2013) Dawei (2011) ITD and Government data, Thai Thai data, Government (2011) ITD and Thit Teo Htouk Htouk Teo Thit (22 villages) Total Lae Shaung Seik Bin Nyaung Ngapidat Chaung Wet Chaung Kha Maung Htein Gyi Gyi Htein Dut Min Haung Myo Pu Net Sin Twin Net Gyi Mayin Daung Shaung Shaung Daung Shaung Pein Thout Kyauk Mudu Paradut Yalaing Pagawzone Chaung Thabyu Tabinin Khat Kya Kone Whet Kyauk Village Name Village centre. villages posted in the visitor ITD in Yangon. Conference Press Committee 2011 Dawei, at Show Trade 6 7 8 9 1 2 3 4 5 21 22 18 19 20 16 17 13 14 15 10 11 12 Source of data: data: of Source Near the DSEZ area Several households outside the SEZ area will also affected by the project. For example, local rice be affected by the DSEZ project, or by ancillary farmers are already experiencing the direct impact or preparatory works related to the DSEZ, some of construction of new roads, which is causing of which have already begun operation. More often irrigation channels to be blocked and paddy fields than not, these villages are omitted in the official to be flooded at the wrong time. Other farmers estimates of people affected by the DSEZ. nearby the DSEZ may see access to irrigation reduced by the diversion of water resources to • Small port In the coastal town of the DSEZ project. The fisherfolk villages and Ngapidat, village leaders report that approxi- populations along the coast may also expect their mately 70 families have already lost their land fisheries to be disrupted by the operation of the to the ITD company to make way for the port and heavy industries. None of these construction of a coastal road and a small households, families, and populations outside the port for marine access to the DSEZ site. The boundaries of the DSEZ are currently recognised land was lost approximately 3 years ago in in official lists of affected people. There are at 2010-2011. This village lies outside the official least two fishing villages in the immediate DSEZ demarcation area to the south. neighbourhood of the DSEZ projects -Bawar to • Resettlement area In Bawar village, the north and Pandat Inn to the south- which are which has been designated as the first village also likely to be disrupted. to host the resettlement of displaced households, approxi- mately 15 households have lost their land to make way for 480 new houses. This village lies to the north of the DSEZ. • Stone quarry A hill has been destroyed in the village of Paradut to the north of the DSEZ boundaries, which has affected neighbouring Mayin Gyi village. In Mayin Gyi Figure 1.2 : Road, rail, gas, electricity links schematics, DDC website, 2013 approximately 28 households have lost paddy land during 2010 as a result of works to access the quarry. The quarry is operated by ITD and is expected to produce up to 3,000 tonnes of gravel per year.
Outside the designated DSEZ area, it is expected that the livelihoods of many other households will also be directly
14 Part 1 15 to serveto the main as 2 has beenhas selected the northeastto in the hill areas the by occupied currently area in an the DSEZ, of homes established who have Kalonehtar, of people village, the entire a result, As there. farmlands and approximately or 182 households comprising of out move beento notified have 1,000 people These villages include Kha Ta Ra Khee, Wahtaw, Wahtaw, Ta Ra Khee, Kha These include villages Lay, Pho Htee Ngayatni, Iwine, Tine, Phyu Hsin Taw, Pyin Tha Ni, Htaung Kalatgyi, Ka Myitthar, is It Yaypote. and Kalonehtar, Chaung, Thabyu average these an villages each of has that estimated 5 of average an with 150 households, around of perpeople household. reservoir supply Water to dam a large construct to in place are Plans of 7-12 km area floodan location Its the DSEZ. reservoir for supply water Figure 1.3 : Overview of the transborder corridor to Thailand to 1.3 : Overview corridor Figure the transborder of land belonging to households in at least 13 villages13 least at in households to belonging land road. access to construct the beenhas confiscated links in will be location, in the same constructed So far, will diverge. routes the two places other highway, transmission lines, oil and gas pipelines pipelines gas and oil lines, transmission highway, points some link a rail 1.2). At (seeand Figure the highway and road the access the route, along not yet completely surfaced, is now open for traffic. for open now is surfaced, completely yet not carving roadlink wider, willmuch The second be 8-lane an accommodate wide to 200 metres a route though the Tanintharyi Mountain Range. The The Range. Mountain the Tanintharyi though Nam Phu from road”, “access an termedis first and while project, to DSEZ the in Thailand Ron farmlands for will way make be to displaced routes will main There be two their construction. The road, rail, pipeline and electricity and transmission pipeline rail, road, The project the DSEZ part of integral an links are Many Thailand. to the DSEZ connecting Road links the area. However residents have raised serious Research Methodology objections to the project. Kalonehtar is doubly Scope marked by the DSEZ as it is not only due to be Research was undertaken in a total of 20 flooded but also has already been affected by the villages, located within the official boundaries of construction of the roadlinks described above. the DSEZ (9 villages), in the roadlinks areas (8 villages), and in 3 villages that lie outside the SEZ Summary area but will nevertheless be directly affected by In summary, there is still uncertainty about the the project (see table). Villages were selected on the precise area, numbers of households, and even basis that these were the larger villages in the the total number of villages, that will be directly affected area. affected by the DSEZ project. Without clearer data, it is impossible for government to measure Team and consider the full impacts of the project. There were two teams conducting Equally, in the absence of comprehensive data, research: one team, for the SEZ area and nearby project investors will not be able to understand villages had 39 data collectors, while the other, the full costs they must take responsibility for, for the road link area had nine data collectors. The such as to repair and compensate the damages data collectors for each village were also residents that they will create for the affected people if the of that village, thus able to account for any local project goes ahead. variations of the dialect. The teams participated At this initial stage in the project devel- in a three-day training in early September 2013, opment, from the figures noted previously, it can before undertaking the field study. All questionnaires be estimated that people from within 20 - 36 villages, were completed by 25 September 2013. In Dawei (comprising a total of 4,384 - 7,807 households city there were 11 data entry volunteers, four or approximately 22,000 - 43,000 people), are coordinators and one overall team leader. expected to be directly affected by the construction of the DSEZ and related projects, including Sampling industrial estate, ports, roadlinks, reservoirs and Researchers used the random sampling method resettlement areas. of visiting every third house. However, in some Finally, the rural and urban populations, instances an anomaly with data collection occurred: from the estimated population of 790,000 people in Ngapidat village, percentage of households in living in Dawei District, that are likely to be each village interviewed jumped sharply to 82 subjected to negative impacts from the operation percent, due to excessive fervour by the research of the industrial and petrochemical complex, if it team in carrying out the survey in this small village. goes ahead, are also not yet known. Comprehensive If the household owner was uncomfortable health and environmental impacts of the planned answering or simply did not want to, the researchers projects must be studied to assess the risks and would move on to the next house. Interviews in extent of the potential damage to the entire the lowland areas were held in the home of each community, not only those currently located in respondent. In the Karen areas, interviews were the project sites. held in the local church building. The teams collected information from 201 households in the upland villages, from 1,303 households in the lowland villages, and from 79 households in Kalonehtar, as listed in table 2,
16 Part 1 17 8 73 35 72 80 28 13 17 81 25 19 10 79 121 250 135 152 113 108 164 1583 interviewed Households TOTAL • Access to information about the project about information to • Access sub-projects its and • the project of Knowledge provide additional information. Respondents Respondents information. additional provide were about: questions asked had finished some form of formal education, education, formal of form finishedhad some (11 percent), education monastic including primary middle (15 school (60 percent, school had 1 percent high school (7 percent), percent), were 2 percent and university, from graduated of percent four Only schooled elsewhere. respondents read. to unable were Relevant DSEZ project DSEZ Relevant SEZ SEZ SEZ SEZ SEZ SEZ SEZ SEZ Area) (Relocation SEZ Nearby Area) (Small Port SEZ Nearby Roadlinks Roadlinks Roadlinks Roadlinks Roadlinks Roadlinks Roadlinks Roadlinks Reservoir & Roadlinks Supply Water SEZ
Table 2: Survey 2: Sample Table Area Uplands Uplands Uplands Kalonehtar Lowlands Lowlands Lowlands Lowlands Lowlands Uplands Uplands Uplands Uplands Uplands Lowlands Lowlands Lowlands Lowlands Lowlands Lowlands Village A questionnaire was given to the household to given was A questionnaire Approximately 60 percent of interviewees of 60 percent Approximately Kalonehtar Myitthar Taw Pyin Thar Chaung Thabyu Yaypote Wahtaw Bawar Ngapidat Tine Phyu Hsin Kalatgyi Ni Htaung Ka Mayin Gyi Mayin Mudu Pagawzon Paradut Chaung Wet Yalaing Htein Gyi Htein Chaung Kha Maung Lae Shaung
with an explanation, and spoken answers were were answers spoken and explanation, an with 18 of between person the ages one from obtained would members household other 65, although and Tools Questionnaire The vast majority (94 percent) of respondents respondents of (94 percent) majority vast The were female, 38 percent male, and, in 2 percent of of in 2 percent and, male, 38 percent female, were responded. a woman and both a man households, 3,699 households are officially registered in these registered officially are 3,699 households villages. bringing the total to 1,583 households. A total of of A total households. 1,583 to the total bringing • Participation in meetings with government who had not received compensation. and company officials • Calculation and appropriateness of com- Limitations pensation entitlements A different style was used for reporting focus • Receipt of compensation entitlements; group discussions in 10 villages (Hsinphyu Tine, • How compensation money has been used Kalatgyi, Kah Taung Ni, Myitthar, Pyin Thar Taw, • Existing sources of livelihood Thabyu Chaung, Yaypote, Wahtaw, Yalaing and • Access to water resources Pagawzone), than for the remaining nine villages. • Household demographics. As a result, unfortunately, it is not possible to report the gender of contributors in the former Focus Group Discussions groups. While women were well represented in In addition to the quantitative survey, 18 focus the quantitative study, due to a lack of sufficient group discussions were organized, so as to allow attention to gender balance, women’s voices were participants to express in their own words their less well represented in the focus group discussions experiences, concerns and recommendations in all villages. relating to the DSEZ project. One focus group The research team decided not to hold a discussion involved participants from 2 villages focus group discussion in Ngapidat village, taking together, Wahtaw and Hsin Phyu Tine. There was into consideration that, in this exceptional case, no focus group discussion in Ngapidat. most of village had participated in the household For each discussion, the village elder was survey. As a result, relevant qualitative data was asked to organize groups of 8-12 people. Participants not collected in Ngapidat, which is unfortunate. were selected on certain prescribed criteria so as to involve people of different genders, ages, and occupations, as well as those who had and those
Local research team collating data
DDA
18 Part 2 19 Figure 2.1 Figure 35% Part 2 Findings spices and herbs. and spices along the coasts the coasts along and in Resourcesthe hill areas. fruits, animals include oysters, fish, (including mushrooms, crabs), medicinal bamboo, generations of families. Altogether 71 percent of households reported that that reported households of 71 percent Altogether families. of generations livestock or farming paddy farming, orchard was their primary occupation children and women, men, areas, lowland and both the upland In rearing. local from resources other food and gather to also being able reported wild spaces, and forests Livelihoods of those affected by the DSEZ projects Livelihoods of those affected The majority of households depend on agricultural livelihoods and natural resources critical livelihood are forests and fisheries land, studied, the areas In various to employment and food, income which provide resources, Fertile and diverse farmlands are the main livelihood asset for villagers in the proposed SEZ area DDA
The ruins of Thagara, a place of historical and cultural importance for Dawei people
DDA
20 Part 2 21 In the villages located near the coast, the coast, near the villages located In However, orchard farming was reported reported was farming orchard However, in lowland of the people majority The
fishing. fishing. Roadlinks: upland villages section, described the Nabule As in the previous project. by the affected area the only not are plains been roadlinks constructed through have The range, mountain the Tanintharyi of the uplands whose Karen, are ethnic group the main where farmland, though 18 percent of households do households of 18 percent though farmland, was all. Landlessness at farmland any hold not to up where village, in Lae Shaung common most of agricultural land no had respondents 25% of reporting households landless with their own, their as livestock, raising and labour wage daily occupation. main production. and salt fishing include livelihoods in seasonal engage villagers lowland Some farming conducting the coastal to areas, migration seasons. activities in different fishing activities with the along used be to found forests Mangrove the DSEZ of edge the western forms that coast to cleared was 369 acres of area a large before (see the DSEZ digital a coastal into build road provide used to a forests 2.2). These image map and breed, feedand to fish for rich environment for forests as well as fisheries important thus were and Gyi Htein Ngapidat, of people the nearby 13 around for income provided Fisheries Bawar. villages, in the lowland the households of percent where in Ngapidat particularly important are but from income obtained respondents of percent 69 harvested both for family consumption and for for and consumption family harvested both for sale. in livelihood of source be important to the most all respondents of 75 percent with areas, lowland crops cash different Many land. orchard holding commonly the most in the orchards; grown were rubber by followed cashew nuts, was reported palms. Other common coconut and nut betel trees, durian, lime, rambuttan, include fruit crops mango. and pomelo of area some owning landowners, villages are Paddy fields produce not only only rice in the not produce fields Paddy Rice farming was an important component component important an was Rice farming As elsewhere, the majority of people in the people of the majority elsewhere, As Many of the Dawei community traditions, traditions, community the Dawei of Many
after the annual rice harvest. These crops are are rice harvest. These crops the annual after focus group participants in Mudu village reported in Mudu participants focus group red roselle, watermelon, as such crops growing their fields paddy on vegetables other pepper and families in these villages owning paddy land. land. paddy in thesefamilies villages owning example For also crops. other season but rainy Htein Gyi, Paradut, and Mudu also have many many also have Mudu and Paradut, Gyi, Htein of 54-57 percent approximately ricewith fields approximately three quarters of families hold hold families of quarters three approximately their farming paddy considered and lands paddy Yalaing, of villages The primary occupation. in lowland livelihoods with almost 45 percent of of percent 45 almost with livelihoods lowland in mostThe village fields. paddy owning households Gyi, where Mayin is fields paddy on dependent to have diverse sources of food and income from from income food and of sources diverse have to livelihoodtheir security. enhancing fields, different have developed more than one type of farm field, field, type farm of one than more developed have upland fields, paddy fields, orchard including chance them the allowing other lands, and fields lowland villages depend primarily on agricultural on villages depend primarily lowland of 41 percent around more, is What livelihoods. villages surveyed thein lowland landowners surrounded by the heavy industrial zones of the of zones industrial the heavy by surrounded goes ahead. if the scheme DSEZ, central to Thagara traditions, are located in in located are traditions, Thagara to central the villages near compound Pagoda Kyidawyar This pagoda will be Paradut. and Laeof Shaung The site of Thagara is located very is closelocated tothe Thagara of site The of footprint A revered site. project DSEZ current Bull, the King of footprint and Buddha, the Lord represented in festivals, songs, dialects and dialectssongs, and in festivals, represented the sacred the story of based around pagodas, are millennium. in first the established Thagara of city the respondents in these villages identified as in theseas villages identified the respondents people. Tavoyan populations to settle there for centuries. The The centuries. for settle there to populations area the DSEZ around in and ethnic group main of 99 percent as many As group. the Tavoyan are The selected site of the Dawei SEZ is located in an in located is SEZ of the Dawei The selected site known locally Nabule, known as area for its prime attracted have fertile that coasts and farmland Lowland villages Lowland Figure 2.2
existence in the area has been recorded for over a as in the lowlands, with as many as three quarters thousand years. of upland households holding orchard fields, on Upland communities are even more which they have planted rubber and betel nut dependent on land and other natural resources trees amongst other cash crops. Betel nut processing, than lowland communities. As many as 94 percent which is highly labour intensive, is often carried of households in the upland villages own farmland. out in these villages. The produce is sold locally, Orchards are as important in the uplands as well as traded for sale in Yangon.
22 Part 2 23 - holds. livelihoods resources for their are a key livelihood Coastal communities activity in lowland and economy by providing strengthening the local labour opportunities for rely primarily on natural non-land owning house upland areas, while also Plantations and orchards As part of an integrated farming system, system, farming integrated an part of As holding swidden fields, almost all of whom derive of whom all almost swidden fields, holding from income an also generate food but only not their swidden harvests. well, graze which as cattle raise often households raising some, For land. fallow and vacant on livestockprimary a as occupation, reported was in Myitthar households of 12 percent including Paddy fields are not common in the in the common not fields are Paddy DDA DDA
fertility. Two thirds of uplands households reported households uplands of thirds fertility. Two food crops at different timesdifferent at ofcrops food a given year, and years severalfor regenerate to left is then the land restore and regenerate to the forest allow to upland areas, however many households in the the in households upland many areas, however swidden By rice farming. practice villages upland other with rotation in this practice, rice is grown
village. Fisheries are also important in the Karen in the survey. villages, which are located close to rivers, such as On average, about a third of households Yaypote (where 63 percent of households derived in the lowland villages reported that one or more an income from fishing), Thabyu Chaung (58 member of their household was working outside percent), Ka Htaung Ni (53 percent), Kaletgyi the region, either in other regions of Myanmar or (46 percent), and Pyin Thar Taw (32 percent). in Thailand. Approximately 45 percent of this remote labour force are women. This phenomenon Water supply reservoir: Kalonehtar was much less common in the upland villages, Kalonehtar is also located in the uplands but, with only 15 percent of households reporting being close to the Nabule plains, most households that members of their adult labour force were (95 percent) identified themselves as Tavoyan working outside the region - 55 percent of these ethnicity. Thus, it may be distinguished both workers were women. from the villages in the lowlands and also from About 15 percent of households in the the Karen villages in the uplands. lowland villages reported that one or more of their The landholding situation of Kalonehtar family members were working for the companies village is quite different to other villages. In this involved in developing the DSEZ, such as ITD. In village, 94 percent of families own orchard plots, Kalonehtar and the upland villages however, no with very few respondents holding other types of households reported any member of their family agricultural land. being employed by the DSEZ companies. Orchard farming provides an income for 81 percent of households surveyed, while livestock Incomes in affected areas rearing provides a supplementary income for 44 As reported above, incomes derived from agriculture percent of households. and natural resources are important to majority of households in the area affected by the DSEZ. Non land-related livelihoods in the Additional data show that 71 percent of households affected areas reported income from orchard harvests, 47 percent Landless and other members of communities of households reported income from livestock obtain daily, seasonal or full-time agricultural raising, and 36 percent of households reported work with landowners, or are employed in cashew income from paddy harvests (see figure 2.3 and nut processing and rubber production. Other 2.4). households, also directly dependent upon the Income figures reported by each wealth of the community, engage in small-scale household12 of annual income in 2013 indicate trading. A minority of respondents are working that, approximately half, or 47 percent of all full time (2 percent). Daily wage labour is much households reported an income of less than 23 more commonplace, though it is only reported as lakh kyats per year, or approximately 1 dollar a the primary livelihood in 7 percent of households day per person13, and almost three quarters, or 73
12 It is notable that many households in the upland villages did not report any income. This may be because livelihoods in the Karen communities can be founded more on the wealth and fertility of the local environment than on monetary income. A full inventory of non-monetary livelihood resources was unfortunately out of the scope of this research. 13 This figure was derived from a household income of 23 lakh kyats divided by 365 days (or 6,300 kyats per household per day) and then again by 6.5 persons (or approximately 970 kyats per person per day). This is because the results of the survey indicate that in the study areas, households tend to be large, with the average family size of 6.3 persons per household in the lowland areas and 7.8 persons per household in the upland areas, and an overall average of 6.5 persons per household in all villages studied. 1 US$ is approximately 1,000 kyat.
24 Part 2 25 fall. This underlines the urgency for responsible responsible for the fall. urgency underlines This affected households to support parties provide to avoid to manner in a timely projects DSEZ the by in thea critical area. poverty deepening of Figure 2.4 Figure Figure 2.3 data on source of income reported by households surveyed households by reported income of source on 2.3 data Figure a day per person. With low levels of income, it is is it income, of levels low per With person. a day to been able have families most that unlikely make savings incomes towhen help themselves percent, reported an income of less than 2 dollars 2 dollars than less of income an reported percent, Access to clean water sources are vital for communities in the Kalonehtar watershed DDA
Dawei is a place of DDA ecological diversity, with many species endemic to the area
Summary In summary, land is a critical livelihood asset for occupation. The loss of land can therefore be the majority of people in the areas to be affected expected to affect people in the areas studied by the DSEZ. The majority of affected people (71 profoundly. percent) consider agriculture to be their primary It is also clear that land-related livelihoods
26 Part 2 27 Figure 2.5 Figure , so far, affected communities are are communities affected , so far, 14 The table below summarises summarises losses the below The table Households were asked about the land the land about asked were Households
some further detail is presented later in this in this later furthersome presented detail is the 1,583 households of that found was It report. 1,116 farmland, own surveyed,1,331 households which will in land be hold included households expect to Of these, 964 households the DSEZ. In the DSEZ. to lose farmland all their current surveyed households of 71 percent words, other the to expect their all land of lose or to some 2.5. summarised in figure is This data DSEZ. of the participants by so reported far impacts and not appear to have been studied. ITD began to hire to ITD began been studied. have to appear not assessment environmental conduct to consultants studies theOf three 2011. September in studies commissioned assess to - the one study EIA one of aware only still was being study This the roadlink project. roadhad the after in mid 2013, years conducted village been lands. already through constructed in projects, by which will DSEZ the be affected particular included in whether are these lands the whether and affected areas, project DSEZ were results been The has paid. compensation and they hold that each type land recorded of for - - Prior to the imple to Prior Many of the other income sources in the sources income the other of Many TEAM Consulting Engineering and Management Co. Ltd., Panya Consultants Co. Ltd., and the Environmental the Environmental and Ltd., Co. Consultants Panya Ltd., Co. Management and Engineering TEAM Consulting
Research Institute of Chulalongkorn University (ERIC) University Chulalongkorn of Institute Research 14 mentation of activities, activities, of mentation impacts losses and potential do the localof populations constructed and is now open open now is and constructed traffic. for 150 km long road from Phu Phu from road 150 km long border the Thai on Ron Nam been has site, the project to VIP housing, have been built been built have VIP housing, constructions. other amongst a mountains, the Through the roadlink to Thailand. Thailand. the roadlink to a small a quarry, Furthermore and centre, port, a visitor near Kilometer “Zero”, which “Zero”, Kilometer near the of the location indicates the start of deep seaport and project activities began in 2010 near the coast and and the coast activities began in 2010 near project works the roadlinks. Preparatory 2011 on in early land of the clearing include completed already Losses and impacts reported its initial implemen has begun project DSEZ The local from residents, Based reports phase. on tation account in any arrangements to support the local support to arrangements in any account by DSEZ. the affected populations drop in agricultural production and the potential the potential and in agricultural production drop of The full range the local of economy. collapse be taken into in the locallivelihoods must area particular, agricultural processing work and jobs and work agricultural processing particular, the community, of the wealth whichdepend on by the be to affected likely therefore which are of all households surveyed. all households of in to land, related indirectly are areas affected livelihoods are not only derived from crops - crops from derived only not are livelihoods products forest and fisheries, raising, livestock 13 percent for incomes significant also provide several uses may be made of one field including including field one beseveral of made uses may which the year, throughout crops various land-related Also, income. both food and provide are diverse. Several fields are developed and and developed Several fields diverse. are are A giant construction vehicle in the village DDA
ITD construction vehicles on a villager’s farm
DDA
28 Part 2 29 - Other Impacts being. worry. a constant now is Poverty by the means having not of Fears especially loss eat, since which to fields. paddy Socialof impact, people many to due anxiety land. constantly into entering Cha Khan village : Former resi villageCha : Former Khan dents in being prosecuted are to disobeying orders for court place no have We the area. leave boats. our put to or dwell to staying are families three or Two in roof the same under together tent. the same ITD village: The Gyi Htein compound been with has fenced school pupils Now barbed wire. difficulties have merchants and the village. in accessing daily be for hired cannot Tenants Local have people jobs now. a living. make to nothing before. than better is Transport forthe time no conflict is There - previously “freely available”. Other impacts raisedOther impacts available”. “freely previously depression, social poverty, of include impacts related concerns as well as worry, to the influx from dust of thehealth impacts strangers, of road increaseddeteriorating and traffic road impacts. other amongst safety, Resources Loss of Other Natural Other Natural Loss of we grew. hill Gyi being was Mayin demolished for rocks provide to villagers until the harbour This caused this project. stopped field thepaddy earthenter to is There the streams. block and Cha Khan village : We used to villageCha : We Khan was one but wells, two have one have only destroyed. We well now. construc village: The Gyi Htein destroyed the compound of tion can We forests. themangrove seashellsear find pork longer no are the mangrove.They from no firewoodis extinct. There Specific of types anymore. be longer no can mushrooms found. road of the construction The demolished that trees the edible - during Focus Group Discussions in study area during Focus Group Loss of Land Loss of have gone either to the hand of a of the hand to either gone have Owners of farms had to stop stop to had farms Owners of and trees nurturing and growing were their farms after crops surveyed. Farmlands and orchards have have Orchards been damaged. been confiscated. which people (on fields Paddy Due to cultivable. not depend) are floods, and all paddy landslides lost. to were hillsidenext the fields used cultivate we to that Lands the road village: Since Gyi Htein the paddy through stretches now as flow not could water the fields, there no drainage is There usual. are fields some While anymore. other the water, under submerged irrigation have not do that fields lands. barren into turned have Cha Khan village*: homes de village*:Cha homes Khan destroyed. fields salt molished, any have do not residents Former to hand themselves jobs, feeding labour. daily through mouth - Table 3: Impacts of the initial implementation of the DSEZ raised by participants initial implementation of the 3: Impacts of the Table Htein Gyi Gyi Htein Village Name Village Mayin Gyi Mayin Lae Shaung Kha Maung Kha Maung Chaung the administra boundary tive of village Htein Gyi Htein * Cha Khan is within village drinking and domestic use. In certain areas, the domesticdrinking certain and areas, In use. already has forests caused of loss many impacts, foods firewood of the loss of to the loss from of various types of farmland, which provide both provide which farmland, types of various of to access also of the loss but income, food and water irrigation, on for which rely people many the focus groups. They include not only the loss loss only the not They include the focus groups. Village Name Loss of land Loss of other natural resources Other impacts
rich guy or to the hand of the no more firewood available. Since company. We no longer have land cement and pipes were placed at to cultivate. a bridge site, water stopped flowing into the stream. After Linetat mountain was demolished, there is no more forest which could preserve the water. The water now rushes down force- fully and creates floods.
Mudu Farms and trees have been We have problems with water, Constant threat of being moved bulldozed. Food crops that are lost so we have to buy it to drink. is causing depression. Poverty is have caused a double problem – We cannot use firewood or increasing. “85 percent of the incomes were lost and now farmers charcoal from our farm any more people” are facing financial have to buy food too. Some can no for power, so we may have to use difficulty. Last year, 270 villagers longer grow watermelon, formerly electricity. Crabs and shellfish applied for jobs with the DSEZ a major income crop for this village. from the stream behind the project, none of us got a job. Dust Impossible to find animal manure. village are dead and gone now. is swirling around the village. There are no trees around any more, the climate is now abnormal – it’s either very cold or very hot.
Pagawzone Farmland was locked after they Water draining from the machines Mountain pathway used as a came and measured the farmlands. of project operators have dripped route by motorcycles has been Wage workers used to have jobs into the stream, so the water is destroyed. The road to the local every year such as clearing the not usable anymore. Landslides pagoda to which all villagers pay forest, cleaning the orchards etc. but blocked the stream from homage is now separated from now farm owners do not hire upstream, we don’t know why. the village by a fenced road. It daily workers any more, because As a result of these problems, was promised that the pagoda the farms will be confiscated. we no longer have our own would be moved properly to the The project has dug water for drinking, cooking and mountainside, but this has not trenches and put up fencing, bathing. Fish in the river are happened. Young educated people which has meant that village tractor becoming scarce now. Fishing is in the village are jobless. Streets carts cannot access farms any more. becoming an obsolete career. have been damaged by big vehicles. Farmlands have been bulldozed The price of fish has gone up. Dangerous for children to be on when no one was there. Dirty the road. Parents have extra task water entered into the paddy to take their children to and from fields, which made them perish. school.
Paradut Farmlands were lost. Due to the Roads were flooded up to knee Dust from cars all day causes project, the water stopped flowing deep, even monks could not go concern for breathing. Vibrations so that our fields cannot be gathering food from pious from heavy traffic. A lot of car farmed any more. Paddy fields donors. Water becomes scarce accidents, some people died, some have been confiscated. People now, there is a drought. Bodies got hurt. Some hit and run cases. have been prevented from building of water 12 elbows deep have Problems of drivers driving on new houses and planting mango subsided, streams have dried the wrong side of the road and and rubber trees in vacant land. up, wells also dried up. This is speeding. Fears about lack of unprecedented. The mountains food and economic survival in and forests (where we used to after displacement.
30 Part 2 31 Dust is being inhaled. Orchids, being inhaled. is Dust Orchids, taken were wild a few animals and to Thailand. Religious and social and Religious difficulties of labourers. the influx of a result as stolen. were roots honeys, Orchids, Jobs to live by are getting rare. rare. getting are by live to Jobs to have workers tenant Daily from living alternate an make from charcoal manufacturing few are there since but the forest, and jobless left, are trees they difficulty. economic facing jobs. no have graduates Young - Forests are becoming devastated. devastated. becoming are Forests became dirty undrink and Water able. paddy fields so the rice crop fields so paddy the rice crop perished. to have we scarce is water When no is There drink dirty water. well. pump water underground has environment natural The Because lack been of damaged. fish have and meat water, of become scarce. the lack to due the moment, At purchase to have we rain, of consumption. for purified water growing are vegetables and Meats vegetables find can’t We scarce. trees, available Freely eat. to gone. were leaves fruits, and devastated. becoming are Forests dirty become has and Water fewer are There undrinkable. fewer and monkeys, fewer trees, fish. get falah, tarots and dog fruits and falah,get tarots gone. in season) are being eroded. are ways Water the and trees, no are there Since been have palm plantations oil hotter is the climate bulldozed, before. than constructed, was the road When flooded, were streams the excessive filled dirty the water Loss of other natural resources Other resources natural other impactsLoss of
Loss of land land Loss of Farmlands destroyed Farmlands been vandalised and have Lands been lost. have farms has been lost due to water shortage. shortage. water to beenhas due lost watermelon, like Seasonal crops cucumber also cannot flowers, harvest from Fruit be grown. account dwindled on have farms shortage. water of hurt is land The do can’t We lost. Farmlands husbandry animals. our of the trees and orchards. and the trees our cultivate or on work can’t We ever since now, 3 years for farm They farms. our they measured the clear to us allow also don’t new farms. create to forest disrupted the company When farms the stream, of the course water The filled water. with were Paddy been has damaged. system Once the farms were measured measured were the farms Once grow to us for right no was there not were we more, any trees allowedbulldozedThey plant. to Myitthar Ka Htaung Ni Htaung Ka Wahtaw Kalatgyi Hsin Phyu Phyu Hsin and Tine Bawar Yalaing Wet Chaung Wet Village Name Name Village Village Name Loss of land Loss of other natural resources Other impacts
Pyin Thar Taw Farmlands destroyed Rivers and streams utterly So what can we eat? damaged, aquatic animals reduced. Freely available trees, fruits and leaves have perished. Forests are being devastated. Water has become dirty and undrinkable.
Thabyu Chaung The farmlands have been lost Trees, fruits and leaves that we can find without buying have been demolished. Rivers and streams are diminished, forests are degraded. River water is saturated with impurities. Rivers have become shallower, river banks eroded, river species are disappearing.
Yaypote The land we can cultivate has Forests are becoming devastated. Dust is being inhaled. Orchids, been reduced. Water became polluted and and a few wild animals were taken undrinkable. to Thailand.
Kalonehtar Lost crop land due to the project. Earth has fallen into the stream A negative impact of the Deep Farms and orchards were taken which means that we can no Sea port was that since June 2010, for the road construction. The longer catch fish there. Water is rich people have come to buy Falah forests which provided a undrinkable. River banks were land in the village. They knew high annual income for people eroded and have collapsed in about the project before we did. here (90 million kyats per acre some places. We did not know their objective. per year) have been chopped There is a scarcity of land now in down. the region. There is strife and tension as a result of competition for land. Some people who lost their land have become jobless.
The results of the quantitative study their water sources. In the lowland villages shows that overall 25 percent of the households meanwhile, 17 percent of households reported are suffering problems related to access to water experiencing problems so far related to the access resources. Such problems were reported much and quality of water sources after initial project more frequently in the upland villages than in activities. lowland villages. In the upland villages as many as Of the households reporting difficulties, 71 percent of households responded that DSEZ those problems most often experienced included project activities (including road construction, a change in colour or cleanliness of the water (57 dam building or other constructions) had affected percent), sediment in the streams (50 percent),
32 Part 2 33 Most commonly, groups knew of the knew of groups commonly, Most This data demonstrates that the vast the vast that demonstrates data This Two thirds (66 percent) of households households of (66 percent) thirds Two
groups in any of the villages revealed knowledge the villages revealed knowledge of in any groups gas and oil involve would the project that petrochemical industries. and the deep seaport (especially of construction those (especially the highway and area), in the SEZ those of aware were groups Five in the roadlinks area). would told which they were in general, factories project, with the remainder, or two fifths, being fifths, two being or the remainder, with project, negative the potential of some alsoabout informed impacts. Printed materials and documentation receiving reported respondents of 8 percent Only However, materials. via printed information project they said not could thosehalf respondents of provided. understand information the written not did (92 percent) affected persons majority of in document project information official receive of the distribution that indication – an form in its limited extremely was materials printed coverage. Knowledge of the project to activities appear dissemination Information and nature The full been ineffective. wholly have be to unknown appears project the DSEZ scope of households of 6 percent Only the communities. to the focus of participant a single surveyed, not and project only when officials came to survey to came whentheir officials only project the witnessing by or gardens; and farms land, activities. Only construction of commencement survey said the in entire respondents of 7 percent project by the theybeen about had that notified authorities. the government information of form any surveyed receive did not all. those Of at company or government from thatinformation received in some form from the majority, the the company, or government the information fifths three that said around of the benefits revealed and impacts positive only Most affected persons found out about theabout out found affected persons Most Overall, 96 percent of households in the households of Overall,96 percent
many cases, affected persons learnt about the about learnt cases, affected persons many about what the project involves. Reports from Reports from involves. the project what about in that reveal Discussions Group the Focus through word of mouth (70 percent), and local and (70 percent), mouth of word through in later reported as however, media (13 percent). still thein dark are people thissection many about the Dawei SEZ and its sub-projects. its and SEZ the Dawei about commonly – most informally project SEZ Dawei half of those who received them. Community them. Community thosehalf who of received or participatory consultative, not were meetings information sufficient share failed to and inclusive, majority of affected persons. Printed materials materials Printed affected persons. of majority only by understood and few by received were consultation have been limited and ineffective. ineffective. been and limited consultation have company by activitiesconducted Information the reached not have officials government and information about the Dawei SEZ, its sub-projects sub-projects its SEZ, the Dawei about information will effects. be As reported displacement and meaningful for in this section, opportunities Access to information veryto had access little have Affected persons Processes of land confiscation hardship, as described as further in a case study hardship, in this report. later presented on them, unless other adequate sources are urgently are sources adequate them, unless other on (Htein in Cha Khan Villagers available. made facing are and well a shallow lost already have Gyi) shallow wells are protected, as their contamination as protected, are wells shallow immediate an destruction be can or expected have to depending the families theof health on impact households also use this source for feeding their feeding for use this source householdsalso for also use thissource 30 percent and animals that therefore very is important It irrigation. crop percent) use these wells also for washing and and washing use also these wells for percent) of percent uses. Fifty one domestic other their drinking water they obtain that report area (95 equal number almost An wells. shallow from and the drying up of water sources (54 percent). (54 percent). sources the water dryingand of up Table 4: Extent of knowledge about the DSEZ project reported in focus group discussions 2013-2014 SEZ area and nearby: Htein Gyi We learned they would build a coal factory and a deep sea port, buildings will be constructed.
Wet Chaung We don’t know what kind of buildings will be built. We heard that enterprises and alcohol manufacturing factories would be built there. A construction scheme about building a coal factory has been told to us once.
Kha Maung Chaung A deep seaport, factories and working facilities will be built. Lae Shaung We learned that they would construct a deep seaport, an 8 lane and 6 lane road between Thailand and Myanmar, cement factories, garment factories and work-related facilities.
Mayin Gyi We knew about the deep seaport although there was no announcement. They told us they were going to construct a coal factory.
Mudu The land is being taken for the deep seaport Pagawzone A highway connecting Thailand and Myanmar, factories and working facilities are to be built. We learnt that they would construct a second-class factory.
Paradut We were told they were going to do some work at the beach in the village called Mayingyi. Yalaing We heard they were going to build a coal factory. Also that they would build a cement factory. Bawar We have heard of the resettlement programme. Factories may appear but not in Bawar.
Roadlinks area
Pyin Thar Taw We learned there would be a road, a “coal-mill” factory, a dam. Thabyut Chaung Some people know there will be construction of a deep sea port, others do not. We know that they are building a road. Hsin Phyu Tine An international sea port will be constructed, a tunnel for the electric railroad will be built. Ka Htaung Ni We have learnt that it is for a road construction, a coal mill factory, and building a dam. Kalatgyi The only thing we know about the project is the road construction. Yaypote The project is to construct an Asian highway. Myitthar We only know about the road. Kalonehtar We saw miniature models of the deep seaport, and a model of the dam at Kalonehtar. A factory is being constructed in Pagawzone.
create jobs for the unemployed. A few types of well as cement manufacturing (see table 4). factories were mentioned in particular, each Five groups mentioned the coal-fired relating to the light and medium industries only, powerplant (CFPP)15, but expressed the belief that e.g. garment factories, an alcohol distillery, as this project has now been cancelled. As mentioned
15 referred to as a “coal factory” in local shorthand
34 Part 2 35 farmlands due to the destruction of due to the destruction aquatic habitats, resulting A section of the road links A from construction activities area cutting through existing Supplementing livelihoods by Supplementing livelihoods catching fsh has been affectedcatching fsh has been As mentioned above, only six percent of of six percent only above, mentioned As
project. Only 1 percent of all those surveyed, all those of surveyed, 1 percent Only project. Amongst identify allcould sub-projects. those the components, different of who heard had link, the the road these were: of known well most plant. the coal-fired and power project, dam and surveyed gas theoil, allknew of households specific components (sub-projects) of the SEZ of the specific (sub-projects) components were corroborated by the household survey. survey. the household by corroborated were reported having knowledge about any of the the of any about knowledge having reported grounds grounds percent) (27 respondents of third a Lessthan local the public to in contradiction and people Soe Khin Maung Minister by given commitment environmental on the project cancel in 2012 to earlier, there are signs that CFPP projects may may projects CFPP that signs are there earlier, the to unbeknownst resurface, be to allowed petrochemical industrial complexes Source : Amalgamated images from DDC website (accessed on 26 to be built in their neighbourhood, April 2014). Note : Also included in the plan but not labelled are the despite the fact that these are medium industries area in the zone outlined in yellow and the light central components of the SEZ industries area in the zone outlined in dark blue, the water supply development plan (see DDC graphic reservoir in the distance alongside the transborder corridor (roadlink). of industrial zones planned below). The website also makes it clear that upstream and downstream petrochemical plants are also included in the current plan.
Figure 2.6
Meaningful consultation There is very little evidence of meaningful rarely informed prior to the start of construction consultation of the communities affected by the activities, meaning they could neither discuss DSEZ projects. When community meetings were compensation nor contribute to resettlement held, only limited groups were invited to participate, plans at the right time. and rarely were people invited to contribute their views, concerns, questions, conditions, Community meetings and recommendations. Limited access to prior Collating the results of the household survey, it information also undermined the ability of affected appears that community meetings related to the persons to engage in meaningful consultation. DSEZ were held in all villages. However, not all Affected persons had little or no time to discuss affected people were called to attend. Only 27 the implications of the project in detail amongst percent of respondents reported having attended themselves before or after meetings, and were a community meeting about the implementation
36 Part 2 37 ‘Although ‘Although , resident Thabyu Thabyu , resident Figure 2.8 Figure Meetings were described by focus group described focus group were by Meetings Important questions have questions Important never been ‘They just spoke out with only one-way speech speech one-way only with out spoke just ‘They asked’ not were wishes our village Chaung no discuss, to privilege no given] were ‘[We Note: Re Language barrier, Karen, Dawei and and Dawei Karen, barrier, Re Language Note: areas in project Burmese spoken are • • meaningful consultation with affected persons. affected persons. with meaningful consultation the meeting of describedThey the approach organisers follows: as paddy farmer in Mayin Gyi village Gyi said in Mayin farmer paddy development the for was SEZ] Dawei [the said they why question a raise to like would we state, the of citizens are we for lost, being are possess to rights our too.’ country this of by being akin as presentations to participants of any kind constituting ratherthan officials of those attending was that there was no clarity clarity no was there that was those attending of whether the purpose and the meeting of about speak to (see The below). bethey invited would the before provided information inadequacy of contributed have to likely is meetings community of the process of understanding of the lack to of 42 percent as many as by meetings community of a quarter over addition, In the respondents. organisers meeting specifiedthe that respondents contributions or questions any invite did not them. from male a example, For answered. satisfactorily - - - ‘only people useful to them useful them to people ‘only Figure 2.7 Figure ‘When they announced the session… the announced they ‘When ‘they came to us, but didn’t hold consulta hold didn’t us, but to came ‘they Of those who attended a community a community Of those who attended partici not for the reasons asked When In the upland areas, focus group partici focus group areas, the upland In In focus group discussions, respondents respondents discussions, focus group In tions, nor did they ask the desire of the villagers. the of desire the ask they did nor tions, it.’ That’s back. went and up showed just They Lae from Shaung farmer male orchard elder An village: acquainted are who people invited only they ITD’. and them with An elder woman farmer and salt-maker in salt-maker and farmer woman elder An village: Gyi Htein involved.’ get couldn’t we invited, were Chaung Wet from farmer orchard A young village: • • • pating in meetings, the most common response response common thein meetings, most pating participate in the discussion. participate meetings, which focussed only on compensation. on which focussedmeetings, only they said did not 82 percent as many meeting, as those “beenwho had only hurt that noted pants the to invited were the roadlinks project]” [by are a selection of testimonies from affected affected persons: from testimonies a selection of are to community meetings were those who the were meetings community to would believed officials government and company following The the project. support to be likely most invited people occasions, many described on how of the DSEZ project. The majority of affected affected of majority The project. the DSEZ of such any attended not have [73 percent] persons meeting. community opportunity to express our wishes’, resident, • Resident in Yaypote village: ‘The government Kaletgyi village or the company never has asked us about our • ‘The only thing they told us was that the companies intention and wishes regarding the project.’ were coming on the way. We were not permitted • A young male worker from Wet Chaung to speak out what we would like to say’, resident village: ‘Due to the fact they hadn’t told us Hsin Phyu Tine village what they were going to do, we didn’t have an • Elder female paddy farmer from Mudu village: opportunity to express whether we agree or ‘The question as to when our village had to be d i s a g r e e .’ moved was not an- swered. None of our questions were an- Figure 2.9 swered.
Overall, meeting facilitators failed to create a space where affected per- sons could ask questions, be confident to participate in discussion without fear, and be able to par- ticipate meaningfully in the discussion overcom- ethnicity ing language barriers.
Lack of Consent As discussed above, people in both the upland Overall 79 percent of households were and lowland areas are being threatened with clear that if they were free to decide, they would displacement as a result of the DSEZ project. not want to move out of their home village. There Land confiscation was not discussed in meetings, was a significant difference in this data among as the fact that the land would be confiscated lowland areas and upland areas - whereas 75 percent had already been decided prior to talking with of households in the lowland areas are certain that affected villagers. The household survey indicated they do not want to move, 87 percent in Kalonehtar that only 8 percent of households felt that the and as many as 99 percent of households in the government had taken their consent before the upland areas clearly stated that they do not want project activities had started. to move. Various participants in the focus groups Reasons for not being willing to move described the situation as follows: were expressed in many focus groups, ranging from satisfaction with the livelihood obtained in their • A male paddy farmer from Mayin Gyi village: current environment, community interdependence, ‘the administrator of the quarter and a group ties to their birthplace, association of the land of people gathered themselves in a secret place with identity, ethnicity to fears of the unknown. and discussed confiscating paddy lands. They For example, didn’t let people know about it.’
38 Part 2 39 “The “If we are to move and live somewhere somewhere live and move to are we “If “If there would not be an improvement, improvement, an be not would there “If In the lowland areas, a minority of people, of a minority areas, the lowland In Female orchard farmer from Wet Chaung Chaung Wet from farmer orchard Female village: be would becauseit move we not would suffer, to not are people If so. do to meaningless to are they If a move. make to able be could we moving.” not are we suffer, n o w.” village: Lae in Eldermale farmer Shaung place the is that move to like don’t we reason the since around been has Shaung Lae called that pagoda is a There ancestors. our of time move to are we If time. a long for there been has it.” forsake to we have would away, Elder female farmer from Paradut village: Paradut from farmer Elderfemale own our in stay to like would we old, are “We newlocation, the in no fruits are There place. a make to have and there, jobless be would we jobs”. wage daily hand-to-mouth of out living village: Mudu from Elder farmer male paddy our have not do and move to will have we “If become would we then dwell, to own place persons without country race” and Bawar from farmer paddy and orchard Male village: It mentally. heavily burdened will be we [else], right normally live as [we] same the be won’t • • • • • moving: (19 percent), households of fifth one around like whether would theyabout definite not were in participants focus Some group not. or move to be theywilling might that thesevillages expressed to in place put were if the conditions move to new farmland, to access as them, such support in participant One water. electricity and housing, in thethe specificclause to referred Gyi Mayin to 8 section 34) according (chapter law DSEZ so support must be given which affected persons inferior not is relocation after their situation that (see 3). The further their original status in Part to discussions focus group from statements following considered those the thinking who of have illustrate “The “We are quite quite are “We : “We want to live in in live to want : “We “We don’t want to move. move. to want don’t “We Figure 2.10 Figure “In our own place, everything is ready is ready everything own place, our “In our native place. Our native place has assurance.” has place native Our place. native our village: Mudu from owner paddy Male are We trees. shady has in] living are [we place we and place, a tranquil in live to accustomed like the tranquillity.” haven’t considered moving out.” moving considered haven’t in Myitthar: Resident our in live to want only We it. mean we Really land.” native Tine Phyu in Hsin Resident Young male paddy farmer from Mayin Gyi Gyi Mayin from farmer male paddy Young village: which matter no eat and go in could we and mountain, the to go up we If be. would that house shoots bamboo up picking problem no have we we Therefore, eat. and vegetables, some and lacking of firewood either. The climate is fine is climate The either. firewood of lacking the whether enough sure not are We here. us or for right is quite to shift to are we place might We place. present this to is incomparable perhaps.” face, to obstacles so many have Resident in Thabyu Chaung: Chaung: in Thabyu Resident have don’t we eating, For here. living with right not are we fish, and meats vegetables, buy to • • • • • Landslides as a result of road construction have blocked waterways, inhibiting access to water for crops and TRIP-NET domestic use
DDA Only 15% of surveyed households have received compensation for confiscated land, of which four-fifths are still waiting for completion of payment
40 Part 2 41
- Female paddy and and paddy Female In Kalonethar, where the dam for the for the dam where Kalonethar, In Other focus group participants also spoke participants Other focus group “We didn’t want to accept the reim the accept to want didn’t “We farms, stealthily when nobody is there.” nobody when stealthily farms, [it] accepted we but money, bursement because lost.our already were belongings Prices range price were the not and assessed, company the submitted, had villagers the that land the clear to came They it. on bargained letting without bulldozers with farms and a on this did they it, about know anybody Sunday when the Before no there. was one palms nut [betel] the of exactquantity they announced, and counted be to started nut cheatedthose by pushingof down some the accept to unwilling Though palms. fear.” in it accepted we money, reimbursement village.Myitthar in affected person An is, that organisation which know don’t “I the is bulldozing it from personnel the but desired, it seemed like an act of destruction destruction of act an like seemed it desired, here”. brought being 1,500 for signed had withheld] “[name actually he it, took he time the by but lakhs, because fear in it took he 750 lakhs, received whether care didn’t they that him to said they not.” or it take would he village. in Paradut farmer orchard discussion focus group bereservoir to is built, Working the Supporting that reported participants preparing campaign, Body started a propaganda They SEZ. Dawei about documents information villagers’ outlining letters agreement also prepared without happening clearances land evictions and of farmer orchard a female example For notice. village stated: Chaung Wet from Elsewhere, focus group participants spoke of fear fear of spoke participants Elsewhere, focus group against compensation accept them to leading example: their will. For - ‘We don’t want to to want don’t ‘We “As forme, I absolutely “As “We felt that a different country came came country a different that felt “We ig also government state us. The and bullied consultation. no was There fact. that nored they way whatever Sincedid and came they this is the project of the state, so [we] should should so [we] state, the of project is the this offering were they when [compensation] take future… the in much that get wouldn’t [we] or their sold and shocked were villagers the land.” “There are crony brokers who were sent by sent were who brokers crony are “There [Name inside. were who government the is a huge party, Hput Kyant from withheld] by people told and there came They broker. that bullying and cheating of a system using on it, and the rest couldn’t do so. If cultivable cultivable If so. do couldn’t rest the and it, on I substituted, be could field paddy and land things If time. no in out move can we that think is good.” it way, go that themselves, and if they obeyed the written written the obeyed they if and themselves, zone.’ economic the legislation regarding farmer orchard and malepaddy elder An village said: Mudu from Only compensation. offered] [the accept won’t survive could locals the among three of out one An elder male fisherman and paddy field field and paddy male fisherman elder An village: Mudu from worker economic as an area that claiming them stop the if it accept could We state. the of zone company survive by people outside helped • • were noted: were (USDP), agitated for the villagers to move out, out, move to the villagers for agitated (USDP), the for a “must” was this project that insisting testimonies following The development. country’s gain consent for the project. Reports from one focusone Reports from the project. for consent gain from the local that politicians indicated group Party Development and Solidarity the Union Intimidation by officials and deception that appears it Worryingly, local beingused officialsby to are intimidation “There is more need [for] money where no forest exists”. Access to local resources has been strongly impacted by the confscation of land for the DSEZ.
DDA
DDA NO DAM and NO RELOCATION campaign by Kalonehtar villages during a meeting with ITD representatives
42 Part 2 43 16 Elsewhere, the company has been found been has found Elsewhere, the company discontent that ITD staff took photographs of photographs took staff ITD that discontent – and ITD staff with in conversation monks in thesephotos reproduced – consent without were that the project for materials promotional subsequently displayed in centre’ the ITD ‘visitor at this to responded villagers Kalonehtar Dawei. cleardisplaying by signageincident expressing activities in subsequent project with discontent this ensure to a measure as meetings, community misappropriation ITD could by of their images occurnot again. had not been issued; only people from certain from people been only issued; not had raising thus invited, villagesin the village tract were divide designedto was the effort that suspicions too short; time was themeeting communities; purpose the meeting and was of the agenda and affected a result, As notified beforehand. not refusedto village personsChaung Thabyu from consultation. in this meaningless participate local of in people images beto use making of which implies falsely campaigns, their promotional theproject. in participation local For example, in reported have affected persons village, Kalonehtar Elder village. “They (the government and company) did did company) and government “They (the Since people. local the to attention pay not honest.” not were they beginning the from Kalonehtar gardener orchard male See: Paung Ku, LIFT report 2014 (Kalonethar Case Study) 2014 (Kalonethar LIFT report Ku, See: Paung 16 points of dissatisfaction with the process. These the process. with dissatisfaction of points invitations official written the fact that included resulted in displacement. Affected persons from Affected from persons resulted in displacement. the about village complained Chaung Thabyu several adding further belated“consultation” the road link. This effort at consultation occurred consultation at link. effort This theroad of commencement the after years three some already had activities that construction road from Thabyu Chaung village as part of the process of as the village part Chaung Thabyu from on (EIA) assessment impact the environmental of In May 2013, academics from the Environmental the Environmental academics2013, from May In University, Chulalongkorn Institute, Research villagers with a consultation organized Thailand Meaningless consultationsand image building authorities: However, this pressure and intimidation created created intimidation and this pressure However, local national of and distrust of amount a huge villagers to sign the agreement letters villagers villagers letters villagerssign the agreement to banner and a poster held but silent remained Relocation”. “No and Dam” “No firmly saying refused. Finally when USDP MPs, local authorities local authorities MPs, Finally when USDP refused. police with the in village along arrived ITD and the get to attempt in a fourth (“bodyguards”) agreement letters. They refused again. Next, a refused Theyagain. letters. agreement asked and to the came village, officer township timevillagers third A sign again. to thevillagers summoned the village elders to come to the Dawei to come to the village elders summoned to to sign office andthem the persuade SEZ try Kalonethar village, which they attempted to get get to which theyvillage, attempted Kalonethar refusedto sign sign. villagers The to villagers then authorities Localthese letters. township consent to building the dam and relocation of of relocation and the dam building to consent Compensation
Information on compensation process payments. Where compensation has been and entitlements provided, there have been significant delays in Sixty three percent of respondents said that payments to affected persons, and payments have company and government officials had not provided not always been made in full. Four fifths of those or disclosed accessible information about the who had received some level of compensation pricing and process of compensation. payment were still waiting for completion of payment. The vast majority of households Payment of compensation surveyed have not yet received compensation Overall, only around 15 percent of all households despite being located in areas that will be directly surveyed reported having received compensation affected by the DSEZ project.
Figure 2.11
Figure 2.12
44 Part 2 45 Of the Almost Almost Around Around Amongst These testimonies of of These testimonies Paddy fields Upland plots Orchard land percent report that they have they have that report percent compensation.received the of illustrative are respondents compensation: in issuing delays learned that their orchard fields fields their orchard learned that for designated in the area are project. the DSEZ use by 1 in 5 of than less However, percent) (18 thesehouseholds of level some received haves land. orchard for compensation owners paddy of all (90 percent) inside fields located have 8.5 percent over Just area. DSEZ received have owners paddy of their for compensation some report fields, while 91.5 percent nothing received they have that all. at developed who have households 30 percent plots, upland have their lands been that informed will project. be the DSEZ used by 9.09 or 5 households So only far Housing plots Housing surveyed who the households four plot, their housing own in living are (79fifths percent) the use by for designated areas of 1 percent Only project. DSEZ they that reported households for compensation received had and theirhomes of the loss land. housing the households of 84 percent have land orchard who have Figure 2.13 Figure • A female farmer in Htein Gyi village: robbing the farms. It was too bad that we had “[Its been 3 years since they constructed the to pursue them in order to ask those people to road]. We haven’t made money for 3 years. give us [compensation] after they had first taken Although they promised to give us reimburse- away.” ment, they didn’t. They took pictures of our orchard, but they didn’t give us anything. Though Of those who had been partially or fully we waited in hunger with expectation, they compensated, most payments were made by didn’t give us anything.” company officials (37 percent), government • Female orchard farmer in Wet Chaung officials (29 percent) or at a meeting attended village: “If [the authorities] are going to by government officials, company officials and pay the reimbursement to a specific farm local authorities (30 percent). that they have designated, they should survey that farm alone. But, they instead measured Receipts every farm, and they didn’t allow us to plant Only 9.3 percent of respondents that received [on surveyed land]. They can [survey] if they compensation were issued with official reimburse for everything after they have done documentation to record the calculation and t h e s u r v e y.” payment of the compensation. As many as 59 percent of those who received compensation • A female resident in Yalaing village: “It received no documentation of the compensation has been 3 years now that they came and payment; 30 percent received some unofficial measured our farm, but we haven’t received any piece of paper. Photographs of payment records reparation yet. We are frustrated. Our farm is show that a wide variety of formats were used. under guard by my husband in fear of it being Some were fairly detailed, such as the one from bulldozed. They don’t allow us to work it, or to Htein Gyi village (overleaf) which includes the clear any forest. Since then, we haven’t cultivated. company name and details the number, type and The trees were small in the time of their age of tree crop to be compensated, along with measurement, [but] they are now big and tall, details of date and various signatures indicating so we wonder how they are going to compensate approval by representatives of both ITD and the them. We want them to grant the reparation as Max Myanmar company, the owner, the Village soon as they have measured, not waywardly, Administrator, the Township Perennial without discipline. What they are doing right Farms Officer, and the Township Land Records now is just bullying.” Officer. Others are a simple paper slip typed or handwritten in English and including details • A male resident in Htein Gyi village said: only of the name of the owner, the total area, and “We would be satisfied if we received what they the total amount of compensation (a signature promised us. They said that they would do and date has been added in one example). It must everything properly so that no one should be assumed that the amount of compensation worry. If they were good to their word, then recorded in the typed example (7.68 kyat) is there is nothing further for us to say.” incorrect. In the final example, a scrap of paper was issued with handwritten Burmese script • A male paddy farmer in Mayin Gyi village indicating the name of the owner and the sum of said “We thoroughly couldn’t accept the manner compensation paid. that the Thai had done this, [it was] like
46 Part 2 47 - village, for example, example, for village,
Sixty nine percent of of percent nine Sixty Affected closer persons the focus group participants participants the focus group reported business private that speculation in land engaged persons communities to prior acquisition and project about being informed access to activities, in order compensation funds. addition, just over half of all half of over just addition, thathouseholds reported the rate changed, only not compensation of 4 Only frequently. changed but percent responded of households all. at change did not the price that the that reported respondents calculation was compensation of it focus groups, In equal. or fair not officials company that reported was bargained had authorities and over households individual with payments. compensation to authorities received reportedly compensation. of higher amounts access with better Affected persons stronger a and information to the trans capacity understand to to able were involved actions negotiate higher compensation. In Kalonehtar Amounts of compensation of Amounts respondents of percent two Seventy did the company that reported pricing a standard establish not the determination for structure compensation. of allocation and and sure not were percent Eighteen a although that said percent three been had system explained to applied. not was them, this system households of 7 percent Only reported a standard was there that for rates set of compensation. In Figure 2.15 Figure Figure 2.14 Figure
: There was no standardisation of payment records issued to households households to issued records of payment standardisation no was There :
compensation were not issued with records. with issued not were compensation
following payment of compensation. As many as 59% of households who received who received households 59% of as many As compensation. of payment following Figure 2.16 Figure said “we didn’t know which organization came and performed the task or who were the people that gave us compensation. We didn’t know how to respond to the people who came and asked us things.” • A female paddy field and orchard farmer from Paradut Figure 2.17 village described how her neighbour received 75 lakhs of compensation per acre The following testimonies paraphrase while she received only 45 lakhs per acre, information given by focus group participants: despite the fact that they both grow the same kind of mango trees. She suggested Lack of transparency and equity in compensation that the compensation was allocated on the basis that “the person who knew how to speak • Company representatives bargained over the well received more while another person who compensation amount (paraphrased from didn’t got less.” She went on to say that “if they words of farmer from Pagawzone village) feel well-disposed towards a certain person • Some people received 80 lakhs per acre, whilst whose farm is on a hill, they offer him the others received only 4 lakhs per acre (paraphrased same price as that for an orchard on the plain, from discussion amongst Htein Gyi village whereas if they are not well-disposed towards farmers) someone, no matter that his farm is located on • A fisherman and paddy field farmer from Mudu the plain, they give him the same amount of village explained that “what is happening money as they would offer to the owner of a right now is that the company has paid 500 farm on a hill, which is usually lower than lakhs, but the locals received only 5 lakhs. The that for an orchard on the plain.” local people have no idea where the missing • A fisherman from Htein Gyi village,“the money is.” guys who turned our lives upside down granted • Furthermore, a female paddy field and us a only a little bit of compensation, just a orchard farmer from Paradut village: “In the tiny little bit. We don’t know how much they act of giving the reimbursement there wasn’t did offer. Right now, they kicked us out via the any mutual contract on the paper. It was given broker. We are given nothing. They intentionally by writing down something with a soft pen on drove us out.” a piece of card like a token. For example, let’s say the appraisal is 100 lakhs; when they actually give me the money, there are a bunch of go- Incorrect calculation of entitlements to compensation between people. So that’s why when it reached to my hand, it was only about 70 lakhs” • 2 acre plots were measured as only 1.5 acres • An orchard farmer from Wet Chaung village (Pagawzone villagers)
48 Part 2 49 (young male orchard male orchard (young “[however] all brought brought all “[however] “If the paddy fields are considered, they they considered, are fields paddy the “If “I have 900 plants. I received reimbursement reimbursement I received plants. 900 have “I dependent for our living.” our for dependent Gyi village Mayin from worker field A paddy floodedwere fields described paddy his how a hill behind the of the collapse to due lost and of development result as a – fields his near road work. for reimbursement The 200 acres. about are all.” at been granted yet not has fields those village also said Lae from Shaung Villagers for be offered should compensation that have that livelihoods and orchards farmland, its and work development by beendamaged has that land for only [not consequences been confiscated]. On land where various types of tree were grown were tree types of various where On land – rubber was it whether tree, of kind one from only were trees The it. appreciate don’t I mango. or 8 came, company Thai the before planted me reimbursed they so, Even now. ago years tree.” of kind one for only Chaung) Wet farmer, Chaung Wet from worker orchard Another trees nut betel and mango village that said calculations, in compensation included not were the rubber – trees just are we which on income, of as a means money No compensation for persons affected by project project by affected persons for compensation No activities • • • •
“we (Yalaing (Yalaing “In order to tend the cattle we planted planted we cattle the tend to order “In for cattle, cattle, for would there Although shade. for trees mango received be would 10 lakhs only 10 acres, be there.” grown 10 trees only were there because villagers) (Mudu Compensation was offered for the trees on the trees for offered was Compensation the value and itself the land for not but land, shade providing as example – for provides it i.e. because they did not have official official have because theyi.e. did not rights. their land of documentation was not sufficient, and was paid in advance advance paid in wasand sufficient, not was people. a few just to they that reported Pyu Tine in Hsin Farmers because: compensation given not were hands” our in grant” a “land have don’t commensurate to the land surveyed, the land to and commensurate compensated, been had properly land if that purchase to been happy have they would site. the SEZ outside land alternative orchard consider they they did not that said However, it to by ITD be legalas offered the money farmland or paddy field not remotely reflecting remotely not field paddy or farmland it for paid the price or the crop of thevalue originally. village that said Lae from Shaung Farmers was that compensation promised ITD had to other locations of the same size, with the with size, the same of locations other to should what of being 30 percent only rate per been acre. received have village suggested Lae of Shaung Residents dictated were allocations compensation that of acre class a first for the price with bias, by “They made the assessment as 200 plants per plants 200 as assessment the “Theymade acre]” [per 250 planted we but acre, villagers). village that said Bawar from worker A farm equivalently priced not was the compensation • Calculation of compensation did not take into into take not did compensation of Calculation by affected livelihoods of diversity the account displacement • • • • • Alignment of compensation with In order to meet the principle of restoring livelihoods international standards for involuntary to pre-displacement levels, compensation must resettlement take into account the market value of replacement Ninety one percent of households surveyed said land, not just that of the land being acquisitioned. that compensation is not enough to sustain their This issue is illustrated by the testimony family’s future. The main concern expressed in of affected persons : focus group discussions is that compensation is insufficient to restore livelihoods, pre-displacement • An elder male from Mudu village said: “Right levels, let alone support improvement of livelihood now, the price of the piece of land in the village options. The implication is that compensation of Bawar [is] from 250 to 300 [lakh kyats]. At payments that have been made or offered are the village of Mudu, the offer [of compensation] inconsistent with that to which affected persons for the piece of land is 20 to 30 [lakh kyats] per are entitled by law. acre. So after selling with 20, an acre of farmland could only be bought with 300 - we couldn’t afford to do it. If some people who deserve to have something of value are given 200 lakhs, we also like to be given 200 lakhs. We couldn’t accept it if we will be given 100 or 50 lakhs while some people receive 200 lakhs.” • A male paddy farmer in Mayin Gyi village said: “If we were to receive 30 lakhs for an acre, we may need hundreds of [lakhs] to buy a paddy field out there like the one we had here. We only know how to farm. With what are we to eat if Figure 2.18 there is no paddy field? If we are to buy land somewhere else, and grow paddy, In many cases reported, compensation was given the price of paddies beyond this vicinity would only in consideration of the loss of the trees also skyrocket. They [other landholders] also planted on land and not for the land itself. Even grow up eating rice.” when a figure was given to compensate for the confiscated land, some respondents indicated Use of compensation payments that this was based upon the market value of land As noted above, some people in lowland villages in the area from which displacement occurred. expressed that they would be more willing to accept However as discussed in Part 3, compensation displacement if the compensation offered was must be sufficient to enable affected persons to sufficient to enable them to purchase equivalent purchase or otherwise access land in another land elsewhere to sustain their livelihoods. Of those location – where land may be more expensive than who had received cash payments, only 30 percent the land from which one has been displaced. An of respondents invested this compensation in equivalent area of land in an alternative location potential income-generating activities (land and should be suitable to sustain similar livelihoods business investments); only 3 percent reported and at least the pre-displacement standard of living. saving the cash. Reports from the focus group
50 Part 2 51 - - - - “The reim management of of management though Even money. the sup money is posed beto deposited have we a bank, in the of heard only don’t We term ‘bank.’ works, it how know have we don’t and to how idea any themanage com money’ pensation (Affected person in Chaung Thabyu village). (Female paddy and and paddy (Female
(Male paddy farmer in farmer paddy (Male Figure 2.19 Figure Many respondents indicated they were they were indicated respondents Many ‘Not only is the compensation money money compensation is the only ‘Not orchard farmer in Paradut village) in Paradut orchard farmer insufficient, we don’t know about the the about know don’t we insufficient, bursement money been has received we boys my turning in and donations usedin [miscel in and monks, into men young from use to how know I didn’t spending. laneous] well.” moneys those [to pursue work].’ work].’ pursue [to village). Gyi Mayin could be compensation cash that confident not livelihoods their because restore used to effectively experience the skills required or have they do not a period over of cash of amounts such manage to financial of the development for support No time. by beenprovided have to skillsliteracy appears officials. company or government In some instances, compensation funds funds compensation instances, some In Servicing debt was the most common Servicing common the most was debt ‘There is not even one half left right right left half one even not is ‘There up, used been has money the all After now. Thailand to gone have who some are there having spent most or all of the compensation the compensation all of or most spent having expenditure: essential on they received that village, for example, focus group participants participants focus group example, for village, the covered only has compensation reported that reported respondents Some so earnings far. of loss have been spent to pay for essential items such as as such items essential for pay to been spent have regular any of in the absence clothing, food and Myithtar In livelihoods. displaced restore to income
of compensation and the accumulation of debt debt of the accumulation and compensation of affected persons. by displacement in Myanmar and other parts of the parts of other and in Myanmar displacement correlation a direct is there that indicate region, payment unsystematic and betweenthe delayed reported expenditure with 39 percent of respondents respondents of 39 percent with expenditure reported whichthe in thethis primarywas way saying Experiences spent. of were funds compensation land. described above may be a major reason why the described why reason bea major may above compensation who received households of majority additional purchase to use their money did not indicate that the low rates of compensation compensation of rates the low that indicate Preparing for the future
As discussed, agricultural lands are being been depending are not possible to cultivate confiscated to make way for the DSEZ project, any more. With what shall we eat?” but agriculture is the primary means of livelihood • Elder male paddy farmer in Paradut village: in the project areas. In areas that have been “Since the waterway had changed, we demarcated but not yet confiscated, farmers have couldn’t work on the farm again any more. been instructed by officials not to invest in their The paddy fields were gone. [the (unnamed) fields, preventing them from planting new crops organisation] responded us that they would even while their land is still in their possession. channel the water down when … the dam is In other areas, lands are being rendered unusable [constructed]. I asked them who would take as a result of landslides and water channel that responsibility. They answered me that blockages due to DSEZ project operations. As there wasn’t anyone who could take that the environment is deteriorating, people are less responsibility. It could be a real weakness for able to access resources that were previously easily the next generation if we don’t have a place to accessible. Without adequate compensation for work for a living.” people to secure alternative livelihoods to replace • A resident in Pagawzone village noted, “because those lost, many households expressed great [the company] blocked the upstream there oc- concern over their future. curred landslides and water could not be used Only 5 percent of house- holds could confi- dently state that they have already prepared for relo- cation by preparing an alternative livelihood. Even fewer (1 percent) Figure 2.20 had confidence that the government was making arrangements to in the time of flood. And because of such ensure that their livelihoods would be secured in blockage, there was a lack of fish in the water, future. and in the process, fish are becoming scarce. In When focus groups discussed the loss the past fishing business for the family was of land, they mentioned not only the loss of quite alright, but now things have changed, agricultural land but also of other lands and natural and fishing is becoming an obsolete career. resources from which they source food and water. And the price of fish has gone up.” The following testimonies describe vividly the • Male orchard and paddy farmer in Mudu fears of local people about their current and future village: “Trees which had been planted were livelihoods. bulldozed. There were a group of [orchard farmers] who couldn’t harvest their [tree] • Male paddy farmer in Mayin Gyi village: crops even for the first time. They were crying” “Currently the paddy fields on which we had • Male orchard farmer in Kalonehtar village:
52 Part 2 53 “If the project happens for sure, the the sure, for happens project the “If So far 480 houses have been built in a large in a large been built have So 480 houses far have nothing to make a living… We would like like would We a living… make to nothing have not. or is accomplishable project] [the if know to [If] project the certainty. for know to want We the plant might we continued be to going is not we happen won’t project] [the If again. trees again. plants the for a nursery do to need immediately.” know to like would we why That’s Male orchard farmer in Khamaung Chaung Chaung in Khamaung farmer orchard Male village: and inside enter and come could people jobless could farmer a tenant now Right money. make people local the we job, a daily for hired be not newly built houses. The collapse of a roof, following following roof, of a collapse The houses. newly built confidence in any the built not quality has storms, demanded in Mudu a Villagers construction. of guarantee from the thehouses that authorities they that 10-20 report but for beyears, safe would Resettlement arrangements to made promises despite that report Villagers provided seen very support them,they have little in neighbouring communities other any them or to a central are arrangements villages. Resettlement displays Various centre. the ITD visitor of feature scale containing the exhibition at presented are houses, the types resettlement three of of models been the families designed house to which have area. the DSEZ from displaced these houses however village, Bawar within area beneficiaries target as empty, lying mostly are the of some into move to villagers reluctant are surrounding the future of the project and the delays and the project of the future surrounding the stress to adds implementation in project of lack The theaffectedin areas. expressed informationof questions address to failure and their prepare unable them leaves affected people action of their best course decide on and future, example: For now. • - “In the “Jobs to live by are are by live to “Jobs , taro, and dog fruits ap fruits dog and , taro, 17 “After the paddy season is season paddy the “After “Back in [the past], everything everything past], [the in “Back A young unemployed male in unemployed A young In these circumstances, the uncertainty the uncertainty these circumstances, In where no forests exists.” forests no where business. We could use charcoal in cooking cooking in use charcoal could We business. couldn’t we gone, are they when Now meals. do anything.” village also thesame said: money of need more is There rare. getting shell fish, oysters, and crabs, etc. Right now now Right etc. crabs, and oysters, fish, shell been has livelihood our changed, have things h i t .” village: Chaung in Wet farmer orchard Female members family our around, are forests “When manufacturing charcoal on by get and live could the paddy fields have been [taken]… since [taken]… been thehave fields paddy the are we how work, farming know only farmers to survive?” village: in Mudu Elder unemployed gather and up pick to accustomed were we past Elder male orchard and paddy farmer in farmer paddy and Elder male orchard village: Paradut falah natural; was to able were We season. own their in peared ease. with live could We them. eat and search When gone. theNow and mountains forests are foods to eat as well as money out of them. them. of out as money as well eat to foods village], resettlement the [to moved we if What there grow we would vegetables of kind what to easy be not would leaf a roselle Even then? find”. stream also are not caught on account of earth earth of account on caught not are also stream alsono is water The it. into fallen was that palatable”. longer in shopkeeper and farmer orchard Male village: Paradut got We vegetables. and crops grew we over, “We lost our pieces of land due to the project. project. the to due land of pieces our lost “We reimbursement the receive us didn’t of Most our lost We road. the of construction the from live and vegetation grow we where own place the in fish to accustomed we that fish The on. A type of spicy nut used for chewing and cooking. and chewing used for nut A type spicy of 17
• • • • Relocation model house DDA at the visitor centre
Lack of farmland and low DDA quality construction are key reasons why families are unwilling to resettle to the official site in Bawar
54 Part 2 55 Farmers are concerned about how they how about concerned are Farmers “if I really have to move the [resettlement] [resettlement] the move to have “if I really a school. and a monastery I need And I now, place village our addition, In a clinic. and a hospital need must have okay is all It water ready. and electricity trees mango of as is a forest there if they said. The achieved, be must housing and farmland we require moving”. be will not we or of the resettlement houses. In Mudu, villagers villagers Mudu, In houses. the resettlement of process to be they taught would that told were of out companies big seeds, “make tamarind and new machineries the using by fibres, coconut details additional no However they have”. that them when more they to asked provided were how. and where be done, would what about if they their families are and will feed themselves Bawar, at site the resettlement to move to forced parched “a as Yalaing described of villagers by in Khamaung farmer orchard male a As field”. it, village put Chaung - - resettlement. from ITD after being informed of compulsory Illustrating the complete documentation received suffcient documentation, suffcient lack of standardised and this woman holds the only Farmers resettled to this community will thiscommunity to resettled Farmers One of the most frequent concerns concerns frequent themost of One SEM agricultural methods to be able to grow crops crops grow to beagricultural methods to able space in front garden of in the patch intensively they cannot access farmland. Some authorities authorities Some farmland. access theycannot they new will that people be taught told have compensation the villagers. to livelihood if of source another find to beforced which are expected to be moved there. As reported As there. expected be to moved which are reportedly in the local are prices land area earlier, in offered several the rate times higher than expressed about the relocation site is that there is is there that is site expressed therelocation about Bawarin farming the for available land insufficient all families the farming accommodate to area scribed 1. in case study Housing, no guarantees were given. Currently Currently given. were guarantees no Housing, resettle in the Bawar living is family one only as de in a verysituation, difficult site, ment following an inspection by the an Departmentfollowing of Case studies of displacement
Hardship of family moved to Bawar resettlement site Case Husband and wife Aye Swe (48 years old) and Ma Lay (45 years old) moved to the Bawar Study resettlement site from March 2013. Their house used to be located in Cha Khan fishery village nearby Kilometer “0” in Dawei DSEZ project, but their homes were destroyed to One clear the land for the project. Altogether, 4 families moved to resettlement site, but they experienced many problems because lack of water, lack of transportation and their children couldn’t go to school. Three families moved out after a couple of months, finding somewhere else to go. However, Aye Swe and Ma Lay remain. Before when they lived in Cha Khan, the family’s livelihood depended on fishing. They were able to earn around 5,000-10,000 kyats per day. Before they lived together with their children. But now two of their children, who are 7 and 9 years old, have to live in a monastery. One daughter, who is 13 years old, has had to drop out of school and now works in a nearby fishing village where she earns a daily wage processing fish catches, amounting to 90,000 kyat per month. She sends this money back to her parents, who rely on it for their main income. The daughter currently stays with the boat owner for whom she works. Aye Swe has to hunt small wild animals in the bush such as rats and squirrels around the site for their living. When work is available, they earn around 1,000-1,500 Kyats (US$1-1.50) per day for daily labour. But work is not available everyday. They received 1,000,000 Kyats in compensation for the loss of their land, but all the money has been spent and the family is now in debt. The only support that the company has given them after they moved here was to fetch water once every 3 days. Since ITD left the project in November 2013, they do not have electricity for their household. Unlike the other three families, they do not have anywhere else to go, so they live at the resettlement site alone.
Livelihoods threatened, villagers prosecuted in Cha Khan village Case Soe Naing (45 years old) was born at Cha Khan village and his family has relied on fisheries Study since his parents’ generation. Cha Khan has an old spirit house which fishery communities around the area give respect to and they hold a ceremony once a year. Villagers recall Two that Cha Khan was established more than 100 years ago, and is as old as Htein Gyi village. There are currently 30 households in this village and 3 boat owners. Each boat needs 10 workers to go fishing which means that these boats provide livelihoods for the whole village. Villagers earn around 5,000-10,000 Kyats per day from fishing. During July-August every year, 15 families return to Htein Gyi village where they have a house but no farmland, and work as daily wage labourers. Meanwhile the remaining 15 households who only have houses in Cha khan, continue year-round fishing at Cha Khan. Before there were mature casuarina trees, known as sea pines, along the 4-5 miles of the beach. Fish used to come to feed under the shade and villagers could catch the fish. Three years ago, ITD company destroyed all the sea pines, and also destroyed around 300 acres of mangrove forest where the villagers used to hunt for crabs, shrimps, worms, shells, mussels and other kinds of mangrove products. Soe Naing and other villagers were informed last year that they would have to leave their village without compensation. He and his neighbours refused to leave. All three boat owners, including Soe Naing, are being prosecuted by the authorities for disobeying a public servant under article 188 of the Myanmar Penal Code. They had to hire a lawyer and go to court already several times. Their lives have become difficult and they hope to be able to find a new place to live where they can continue fishing as their livelihoods.
56 Part 2 57 Only 8 percent of respondents had receivedhad respondents of percent 8 Only the project, to related information written they half said those understood only of written. was what of unaware largely were Respondents the government or company in any form. form. any in company or thegovernment information those who of did receive Most to relating information only received impacts. positive potential • • The information dissemination activities of activities dissemination information The ineffective: wholly were officials project • Most families earned around 8000 kyats/bowl of salt or about 40,000 kyats per 40,000 kyats about or salt of 8000 kyats/bowl earned families around Most Dispersal of families, loss of income and loss of food in Yawdut Thar salt Thar Yawdut in food of loss and income of loss families, of Dispersal making village There alllife. her there lived village the making salt and born was at old) (45 years Po Lay Theyusedspiritual to a 50 people. perform around or in this village, 11 households were their community. protect to each year ceremony Other families from the salt making village have been scattered in Htein Gyi, where 5 families had had 5 families where Gyi, in Htein been scattered village the making have salt Other from families She has started working as a daily labourer, earning about 1000-1500 kyats /day. Sometimes there is is there Sometimes /day. 1000-1500 kyats about earning labourer, a daily as started working has She Most households (70 percent) received received (70 percent) households Most mouth. of word by information (66 percent) households of thirds Two from information any did receive not Only 7 percent of households said they said households of 7 percent Only by project the beenabout had notified authorities. the government Case Study Three • • • formally inform affected persons prior to the prior affected persons inform formally surveying construction of and commencement activities: Company and government officials failed to officials government and Company Now these people have to buy food from vendors, or at the market, and their situation is steadily deteriorating. steadily is their situation and the market, at or vendors, food from buy to these have people Now the DSEZ). construct to relocation for still earmarked are villages that these (both are of in Paradut and land, the from also food families used depend gathered on to making,many salt Besides from money earning living families affected only not has loss ITD in 2011, its by destroyed was the mangrove Since mangrove. village estimated Gyi interviewed in Htein Villagers village. Gyi also in Htein families but the coast, to next in particular landless. those who are the mangrove, food used 1 in 5 people depend from on to around that went to school but now only one can go to school because she can’t afford to send the others. to send the afford can’t because school she to go can one only now school but to went medicinal finding leaves, from materials roofing weaving from also money them. makes She hire to one no in (US$ 3,000) 3,000,000 kyats of debts accumulated has stall. She running a small sale, shop and for plants main her lost has She plot. salt her and land of the loss for compensation fair get to wants She 3 years. the last livelihood. of source day. Now no one can make salt anymore. Without any prior warning, ITD destroyed their houses in 2011 to in 2011 to their houses ITD destroyed warning, prior any Without anymore. salt make can one no Now day. are there Now, out. move to had them and stop to anything do not could the beach.Po Lay along a road build they all children.with her 3 Before sister, older her of house inthe living is She life. difficulties her in more • Limited access to information prior to Limited access to and after displacement Summary of findings the nature and scope of all components because they did not understand the of the DSEZ. Only 6 percent of households process or they were not invited to ask surveyed and none of the participants questions, there were language barriers or of the focus group discussion were because they were afraid. Prior to meeting aware of the oil and gas industries or the company and government officials, affected petrochemical complex to be included persons had little or no ability to discuss in the DSEZ. the project in detail amongst themselves. Meetings were described as akin to “one- way” presentations. No meaningful consultation with • EIA consultations were being held in some affected persons villages in May 2013, three years after the commencement of road construction • Free prior and informed consent was not given activities through their village. by the majority of affected people. • Only 8 percent of households stated that the government had taken their consent Deeply flawed compensation process before project activities started. Participants in focus groups indicated that some local • Losses have already arisen as a result of the officials used deception and intimidation DSEZ and more losses are expected. tactics. • Focus group participants report that • Most people do not want to move. local people have already suffered losses • 79 percent of households stated that if of farmland and natural resources which they were free to decide, they do not want used to provide both food and income to be relocated. In the lowland villages, 19 to affected families. Social and health percent percent were not certain if they impacts are also of concern. would like to move or not. In the focus • 71 percent of households expect to lose groups, participants explained that this some or all of their land to the DSEZ decision depends on whether adequate project. conditions were put in place to support • Very few families have received full compen- them in the new location, such as access sation payments. to new farmland, housing, electricity and • Only 15 percent of households have water. In the upland villages, 99 percent received compensation and only 3 percent of households stated they are not willing of households surveyed consider that to move out. they have been paid in full. • Community meetings organised by company • Four fifths of those who received and government officials did not constitute compensation are still waiting for meaningful consultation with affected persons. completion of payment. • Only 27 percent of respondents attended • Where compensation has been paid, it has a community meeting about project been insufficient and inappropriate. implementation. Invitations to meetings • Ninety one percent of respondents said were not inclusive. Of those who attended, the amount of compensation paid was 82 percent did not actively participate, insufficient to sustain their family’s future
58 Part 2 59 paper, while 59 percent received no record record no received while 59 percent paper, all. at payment of the living that indicate Case studies been moved those who of have standards been lowered. have out could households of percent 5 Only already theyhave that state confidently their for preparations their own made confidence had 1 percent Only future. making was thegovernment that arrangementstheir ensure them,to for be secure would in thelivelihoods future. • • Resettlement arrangements are inadequate. are arrangements Resettlement • Only 9 percent of those receiving those receiving of 9 percent Only official given were compensation documentation. of 30 percent Around of unofficial scrap an those received paid Focus group participants reported that that reported participants group Focus received officials to connected people compensation. of higher rates Focus group participants report that that report participants group Focus of income losses suffered who have families because of works, project because of flooding, as such impacts landslides been not have shortages water and compensated. in payments, incorrect calculation of of calculation incorrect in payments, the and compensation, to entitlements all as livelihoods, compensate to failure focussed on the often was compensation crop. one of value was established. Focus group participants participants group Focus established. was officials and company that reported individual with bargained had authorities of the amounts over households compensation Testimonies be to paid. equity and transparency of a lack noted The company did not set a standard standard set a not did company The often were . Calculations structure pricing inconsistent. and inaccurate reported households of 7 percent Only compensation for system standard a that farmland in the resettlement village and village and the in resettlement farmland elsewhere. to money used compensation 39 percent service debt. Only 27 percent of households used households of 27 percent Only purchase to payment their compensation participants group Focus land. additional paid compensation of rates that explained alternative purchase to insufficient were • • • • • • • Many people raised suspicion of corruption corruption of raised suspicion people Many process. in the compensation Calculation and payment of compensation compensation of payment Calculation and transparency. lacking hoc ad uneven, and was • • Villagers try to stop road construction, undertaken without prior informing or DDA consent – Thabyu Chaung
DDA Kalonehtar villagers release a “No Dam” balloon during the full moon festival in November 2012 to declare that they do not want a dam to be built in their community.
60 Part 3 61
Part 3: Part standards, and responsibilities standards, International, regional, and International, regional, obligations, domestic legal This section briefly summarises some of the domestic, regional regional domestic, ofthe some summarises briefly This section
When undertaking a project like the DSEZ, which will have significant significant which will the DSEZ, like have undertaking a project When of analysis be adequate must there impacts, social environmental and communities, affected with consultation proper as these well as impacts, appropriate and compensation, adequate rights, human of protection These laws the DSEZ. to applicable standards and laws international and the local safeguard of the people, rights protect to exist standards and justice. to seek affected people for mechanisms provide and environment, Fundamental human rights majority of households throughout the villages studied. Systematic failures failures Systematic the villages studied. throughout households of majority hardship causing are project the DSEZ of in the initial implementation from injustice of a deep sense expressed have Many affected people. for protect to company and the government of the failure and their treatment their rights. provide adequate information about the project; lack of meaningful meaningful of lack the project; about information adequate provide inadequate in decision-making; participate to opportunity and consultation to respect rights to fundamental a failure offered; compensation no or forthose displaced. support insufficient food; and health, or livelihood, as findings the rather but events, isolated stem from not do Theseissues cases, the experienced by in many and, been widespread have indicate, the findings of the quantitative study presented above illustrate, however, however, illustrate, above presented study quantitative of the the findings consider adequately failed to far thus have in the DSEZ those involved and the decision-making into affected communities incorporate or issues rights human of number to a led has This process. development to a failure including: responsibilities, and legal rights of violations and Project proponents and partners, including the Myanmar and Thai Thai and the Myanmar partners, including and proponents Project and the rights protect respect and to legal obligations governments, have As by DSEZ. the affected individuals and communities of dignity human resettlement provisions. As outlined in Part 2, the States have the following existing obligations to DSEZ has not satisfied these requirements. respect, protect, and fulfil the right to adequate Instead, the activities undertaken by the corporate food: and government actors involved violate or jeopardize a variety of affected peoples’ human 1. The obligation to respect existing rights. access to adequate food requires State parties not These rights are enshrined in multiple to take any measures that result in preventing agreements, including the Universal Declaration of such access; Human Rights (UDHR), International Convention 2. The obligation to protect requires on Civil and Political Rights (ICCPR), and the measures by the State to ensure that enterprises International Convention of Economic, Social, and or individuals do not deprive individuals of Cultural Rights (ICESCR). Many of these rights are their access to adequate food; customary international law, and must be protected 3. The obligation to fulfil (facilitate) regardless of location or domestic commitment. means the State must pro-actively engage in Myanmar is not a party to the ICCPR or the activities intended to strengthen people’s access ICESCR, but has acceded to other international to and utilization of resources and means to instruments, including the Convention on the ensure their livelihood, including food security; Rights of the Child (CRC) and the Convention and on the Elimination of All Forms of Discrimination 4. Whenever an individual or group is Against Women (CEDAW), which provide for unable, for reasons beyond their control, to many of the rights included in the ICESCR and enjoy the right to adequate food by the means the ICCPR. Thailand has acceded to both the at their disposal, States have the obligation to ICCPR and the ICESCR. Both Myanmar and fulfil (provide) that right directly.19 Thailand must respect universal human rights. Furthermore, it is not only the obligation of As the UN Special Rapporteur on the Right States to respect, protect, and fulfil these rights, to Food explains, a minimum core obligation corporations must also respect human rights. under the right to food is that “States are prohibited to take retrogressive measures, i.e. deliberate Right to adequate standard of living measures which result in the deterioration of current Everyone has the right to a standard of living level of fulfilment of the right to food”.20 Equally, adequate for health and well-being, as recognised States must regulate activities of individuals or in the UDHR and the ICESCR18. One important groups so as to prevent them from violating the component of this right is the right to adequate right to food of others.21 food, which is necessary for basic survival. It has As noted in Part 2, most people in the been clarified by the Committee on Economic, study areas depend on access to land for their living. Social and Cultural Rights (ECOSOC), that The majority, around 71 percent of households in
18 Ibid, art. 11; CRC, art. 27; CEDAW, art. 14; UDHR, art. 25. 19 Ibid., para. 15. 20 UN Office for the High Commissioner for Human Rights, Special Rapporteur on the Right to Food, http://www. ohchr.org/EN/issues/food/Pages/FoodIndex.aspx. 21 UN ECOSOC, CESCR General Comment No. 12- The right to adequate food, UN Doc. E/C.12/1999/5 (May 12, 1999), para. 19.
62 Part 3 63
- - 24 States States 23 presented to the Human the Human to presented Forced evictions constitute evictions constitute Forced 25 22 The Special Rapporteur on adequate on adequate Special The Rapporteur recognized human rights, including the human the human including recognized rights, human health, food, water, housing, adequate to rights security the person. of work, education, measures other and legislative that ensure must needed, punish where and prevent, adequately they have that shown is parties it where private safeguards. proper evictions without carried out activities further on guidance provided has housing Principles ‘Basic evictions. The for safeguards and Evictions Development-based on Guidelines and Displacement’ and evictions to any Council in 2007, callRights for rights human with consistently be carried out call for standards international and principles with consistently be evictions to carried out any international and principles rights human (1) the eviction in that means This standards. necessary; (2) be absolutely and must question before, respect rights must government the relevant risk affected people’s livelihood and means of means and livelihood affected risk people’s adequate to right the human of survival, in violation to act must governments The living. of standard food to the right of further violation any prevent for affected people. from and protection Right to housing evictions forced legal instruments severalare international There refrain to States of the obligations establish that evictions from forced against, protect and from, housing. and land internationally of a range of violations gross Thus, those involved in the development in development the those involved Thus, A total of 71 percent of households households of 71 percent of A total Annex I to the ‘Implementation of General Assembly Resolution 60/251 of 15 March 2006, entitled “Human Rights Council”: Council”: Rights “Human 2006, entitled 15 March 60/251 of Resolution General Assembly of the ‘Implementation I to Annex UN Office of the High Commissioner for Human Rights, http://www.ohchr.org/EN/Issues/Housing/Pages/ForcedEvictions. Rights, Human for HighCommissioner ofthe UN Office UN evictions, Doc. forced (Art. 11.1): housing to adequate 7- The right UN ECOSOC, No. CESCR General Comment including the UDHR, the ICESCR (Article 11(1)), the CRC (Article 27(3)), the non-discrimination provisions found in Arti found provisions (Article (Article theUDHR, 11(1)), the 27(3)), the CRC non-discrimination the ICESCR including
DOC/GEN/G07/106/28/PDF/G0710628.pdf?OpenElement. E/C.12/1999/5 (May 12, 1999), para. 19. 12, 1999), para. E/C.12/1999/5 (May 25 2007, http://daccess-dds-ny.un.org/doc/UN 5 February A/HRC/4/18, Housing,’ Adequate on theReport Special Rapporteur of 23 aspx. 24 22 the ICERD Article 5(e) of and CEDAW, 14(2)(h) of cle place adequate arrangements for compensation, for arrangements adequate place resettlement at putting are rehabilitation, and and funding of the DSEZ, by removing access access removing by the DSEZ, of funding and in putting without lands other and farm to from other lands such as forests, grazing land, land, grazing forests, as such lands other from reduced. being are fisheries and so far, any redress. In addition, focus group focus group addition, In redress. any so far, participants also access the highlighted fact that derived certain livelihood resources to food and In other areas, farmlands are being rendered being rendered are farmlands areas, other In channel water and landslides of a result as unusable without, operations, project DSEZ to due blockages invest in these fields, preventing them from them from preventing in these fields, invest crops existing nurturing or new crops planting even while still is in their their possession. land that have been demarcated but not yet confiscated, confiscated, yet not but been demarcated have that to not been officials instructed by have farmers already been confiscated, but in many of these many in alreadybut been confiscated, rehabilitation and resettlement cases, compensation, areas In been inadequate. have arrangements surveyed expect or lost, to already either have have areas Some theDSEZ. to farmland lose income, their these derive families that implying particularly their food, entirely and livelihood, resources. natural and their land from fisheries. Approximately 36 percent of households of 36 percent Approximately fisheries. monetary any report villages did not in the upland primary occupation. The land and environment environment and land The primary occupation. land, their own from families for incomes provides or products, forest gathering livestock, raising the study areas, reported that agriculture was their their was agriculture that reported areas, the study during and after the eviction.26 If either one of is established with all parties involved, including these conditions is not met, the eviction is affected communities, local authorities, contrary to international law, and constitutes a government, companies, etc.; violation of human rights.27 (3) all affected people are provided with An eviction cannot be considered fair and just compensation; “absolutely necessary,” if the State cannot (4) all affected people are provided with demonstrate that there is a genuine public interest adequate and reasonable notice of any evictions; requiring the eviction and that all possible means (5) government officials are present during of avoiding the eviction were considered.28 In any evictions; the case of the Dawei SEZ project, the authorities (6) the officials or authorities conducting have not demonstrated or provided any analysis any evictions must identify themselves and that the SEZ and transport links could not their intentions; reasonably have been located somewhere else where (7) any evictions take place at a safe time, fewer communities would be at risk of eviction. i.e., not at night or during bad weather; The project has failed to protect against the kind (8) those carrying out the eviction do of forced evictions prohibited by international law. not use force or endanger the security of affected people; Right to Information, Participation, and (9) all affected people are provided with Adequate Compensation alternative land and housing; and In addition to ensuring a necessary public interest, (10) such alternative land and housing is the governments involved must also respect and adequate.30 protect people’s human rights before, during and after any evictions.29 This obligation includes There is little evidence that these obligations ensuring that affected people are granted access have been met, or that any meaningful effort has to information, provided an opportunity to been made to include affected communities in the participate in decision making, and given adequate analysis and approval process or that appropriate compensation. At a minimum, the corporate and notice, consultation, and compensation have government actors involved with DSEZ should been provided. Instead, the evidence presented ensure that: in this report indicates that for the most part, evictions carried out or threatened as a result of (1) affected people are provided with the DSEZ project are illegal under international prior information about any evictions; law. The DSEZ activities have failed in the following (2) a consultation and negotiation period ways:
26 Centre on Housing Rights and Evictions, ‘A Guide to Land, Property and Housing Rights in Burma, 2009,’ p.28, http://www. globalprotectioncluster.org/_assets/files/field_protection_clusters/Myanmar/files/HLP%20AoR/Myanmar_Guide_HLP_ Rights_2009_EN.pdf. 27 Ibid, p.29. 28 Ibid. 29 UNCESCR, General Comment 7, 1997. 30 Centre on Housing Rights and Evictions, ‘A Guide to Land, Property and Housing Rights in Burma, 2009,’ p.32 (more detail is provided on pp.33-39), http://www.globalprotectioncluster.org/_assets/files/field_protection_clusters/Myanmar/files/HLP%20 AoR/Myanmar_Guide_HLP_Rights_2009_EN.pdf.
64 Part 3 65 Case of households had confidence that the the that confidence had households of to arrangements making was government be secure would their livelihoods that ensure in future. to buy an equivalent area of land in the village land of area equivalent an buy to are the displaced of many where Bawar, of beenno have There expectedresettle. to the loss for compensation for arrangements agricultural of loss as such livelihoods, other of derived local other incomes and work, labour farmland. than other land from Alternative and adequate land and provided. been has not housing been who the have families few of studies resettled village indicate in the resettlement been not have arrangements alternative that out moved subsequently Families adequate. afterthere live not could they finding because and transportation of lack water, of lack difficulties to school. children in sending in the resettlement remains family one Only confidence little have to appear People village. the resettlement of construction of in the quality households of 5 percent only and houses, in are arrangements surveyed that reported 1 percent Only livelihood. their future for place However, although compensation has been has compensation although However, needs a farmer crops, lost for only provided as in a new location land purchase to funds thenew on production crop in invest as well losses. her or his recoup to order in land therefore so far payments Compensation the displaced allow to been inadequate have equivalent elsewhere start a farm to farmer by required as lost, the one than better or Information laws. and guidelines international that, indicated participants focus group from displacedto offered compensation of the levels cases been insufficient in many have farmers • Only 27 Only Most affected people affected people Most
has been received by only only by been has received of households who been had reported paid households of According incomplete). was their payment that has compensation reports, focus group to or trees the losses of for beenonly provided itself. the land for than rather the land on crops of meaningful consultation or dialogue with or meaningful consultation of affected persons. Compensation not, than often More households. of 15 percent fifths (four been incomplete have payments did not invite any questions or contributions contributions or questions any invite did not cases, those other attending them. In from could take part to or afraid theysaid were Meetings being said. was what understand not presentations of describedwere consisting as any kind constituting ratherthan officials by those who attended, 82 percent said they said did 82 percent those who attended, often, Most in the discussion. participate not not were this because those was attending the of the purpose process and about clear also because organisers meeting meeting, or remainder, or two fifths, being informed also informed fifths, two being or remainder, impacts. negative the potential of some about parties. all with Consultation having reported respondents of percent the about meeting attended a community Of project. the DSEZ of implementation from government authorities. Of those that Of those that authorities. government from the government from information received said fifths three around the company, and positive revealed only this information that with the project, of the benefits and impacts affected persons first heard about the project the about heard first affected persons survey to came land, when officials their only the witnessing by or gardens, and farms, activities. construction of commencement surveyed said respondents of percent 7 Only the project they been about had that informed Prior information. informally, project theDSEZ about out found the what about uninformed they remain and the focus Reports from willinvolve. project cases, many in that reveal discussions group • • • Right to Education Myanmar law, the Karen and Tavoyan people The right to education is guaranteed by both the identify themselves as two of the 135 ethnic ICESCR and the CRC.31 States must take measures groups recognized by the Myanmar government. to facilitate regular attendance at school and Accordingly, any decision to relocate them should recognize a child’s right to be protected from be done with their free, prior and informed consent performing hazardous work or work that interferes (FPIC). with his or her education.32 Case studies presented As the Office of the High Commissioner in this report indicate that some evicted families for Human Rights (OHCHR) states, FPIC means are no longer able to send their children to school. that: There is therefore a risk that further evictions will • “free” implies that there is no coercion, raise pressures on household incomes and intimidation or manipulation; increase food insecurity to the extent that more • “prior” implies that consent is to be sought children will be forced to leave school to seek work sufficiently in advance of any authorization or to assist their families in obtaining basic needs, commencement of activities and that respect directly interfering with the right to education. is shown with regard to the time requirements of the consultation processes with indigenous groups; and Indigenous peoples’ rights • “informed” implies that information is provided that covers a range of aspects, Myanmar, Thailand and Japan voted in favour of including the nature, size, pace, reversibility the adoption of the UN Declaration on the Rights and scope of any proposed project or activity; of Indigenous People (UNDRIP) at the UN the purpose of the project as well as its duration; General Assembly on 13 September 200733. Article locality and areas affected; a preliminary 10 of the UNDRIP34 states that: “Indigenous assessment of the likely economic, social, peoples shall not be forcibly removed from their cultural and environmental impact, including lands or territories. No relocation shall take place potential risks; personnel likely to be involved without the free, prior and informed consent of in the execution of the project; and procedures the indigenous peoples concerned and after that the project may entail.35 agreement on just and fair compensation and, where possible, with the option of return.” While The OHCHR also stresses that a process there is no definition of indigenous people in to seek the free prior and informed consent of local
31 ICESCR, arts 13, 14; CRC, arts 28, 29 32 Ibid, arts 28(1); 32(1). 33 The UN General Assembly also adopted the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities on 18 December 1992, A/Res/47/135, http://www.un-documents.net/a47r135.htm. 34 UNDRIP, adopted by the UN General Assembly on 29 June 2009, https://www.un.org/esa/socdev/unpfii/documents/DRIPS_ en.pdf. In addition, the Convention Concerning Indigenous and Tribal Peoples in Independent Countries 1989 (No. 169) of the International Labour Organization (ILO Convention) deals specifically with the rights of indigenous and tribal peoples. The ILO Convention’s provisions are compatible with the provisions of the UNDRIP, and the adoption of the UNDRIP illustrates the broader acceptance of the ILO Convention’s principles. For the ILO Convention, see:http://www.ilo.org/dyn/normlex/en/f?p= NORMLEXPUB:12100:0::NO:12100:P12100_ILO_CODE:C169. 35 Ibid.
66 Part 3 67
- 39 38 1. The duty of theState protect to against implementation. The UN Guiding Principles on Principles Guiding UN The implementation. Principles) (Guiding Rights Human and Business the Ruggie, John Professor by developed were the Secretary-General of UN Special Representative transnational and rights human of the issue on to enterprises, business other and corporations business of the globalized of nature take account unanimously activities. Endorsed corporate and 16 June on Council (HRC) Rights the UN Human by guidelines seen the2011, they benchmark as are to adhere must States and both businesses that that abuses rights minimize human in to order cause. can operations business and investment and standards international accepted provide They government and corporate serve for guidance as like developments in large-scale involved actors implement Principles Guiding The the DSEZ. framework, Respect, Remedies” the “Protect, responsibilities: key three which articulates obligations to respect, protect, and fulfil human human fulfil and respect, protect, to obligations Indeed, project. by the affected people of rights beyond extend States of obligations rights human borders. their own human rights Business and governments for a matter only not are rights Human recognition increasing years, in recent address: to and corporations the need been to for has given rights human observe to international investors project and theirin decision-making standards The DSEZ project project DSEZ The 37 The OHCHR has also clarified clarified also has OHCHR The 36 Other countries, who may seek to get seek get to who may Other countries, UN Guiding Principles on Business and Human Rights, endorsed by its resolution 17/4 of 16 June 2011, http://www.ohchr. 16 June 17/4 of resolution its by endorsed Rights, Human and Business on Principles UN Guiding Ibid. see Maastricht borders, national beyond extend that obligations rights human a very useful For summary international of Ibid.
org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf. mission of Jurists in September 2011, http://www.maastrichtuniversity.nl/web/Institutes/MaastrichtCentreForHumanRights/ in September Jurists of mission MaastrichtETOPrinciples.htm. 39 37 38 Com the International and Rights Human of Centre the Maastricht by expert an convened meeting of the outcome Principles, 36 of their public and private sector corporations sector corporations private and their public of the DSEZ of in the implementation involved get their of also be aware must however in the future, see may or some financially in the project involved related to the DSEZ, Dawei SEZ Development Development SEZ Dawei the DSEZ, to related between the venture (DDC) a 50:50 joint is Co., governments. Myanmar and Thai for the project from its very first MoU in 2008. 2008. in MoU very its first from the project for has which Vehicle” “Special Purposenew The operations take over to 2013 in beenestablished and overseen the activities at the DSEZ, and and the DSEZ, the activities at overseen and government while evicted the Thai households, and backing political the financial provided has Both the Myanmar and Thai governments are are governments Thai and Both the Myanmar the DSEZ of results and the conduct for responsible approved has government Myanmar The project. extra-territorial obligations State responsibility and communities. As such, confiscated land should should land confiscated such, As communities. consultation and participation and bereturned, meaningful consent. undertaken acquire to “right to restitution” or to reclaim land that has has that land reclaim to or restitution” to “right FPIC. been taken without affected of the FPIC without proceeded has consent process. consent peoples include indigenous of rights thethat communities to withhold their consent (ie to reject (ie to their consent withhold to communities consultation that and being proposed), the project a of crucial components are participation and communities should explicitly offerexplicitly should thecommunities option for human rights abuses: States must prevent environment (Article 1(4)); human rights abuses from third parties, 2. To alleviate poverty and narrow the including businesses. development gap within ASEAN through 2. The corporate responsibility to respect mutual assistance and cooperation (Article 1(6)); human rights: All businesses must undertake 3. To strengthen democracy, enhance good due diligence to avoid abuses and address human governance and the rule of law, and to promote rights impacts in which they are involved. and protect human rights and fundamental freedoms, with due regard to the rights and 3. Access by victims to effective remedy: For responsibilities of the Member States of ASEAN victims of human rights abuses, both judicial (Article 1(7)); and non-judicial remedy must be available. 4. To promote sustainable development so as to ensure the protection of the region’s It is therefore the responsibility of the environment, the sustainability of its natural governments of Myanmar and Thailand, and the resources, the preservation of its cultural businesses involved in the DSEZ, in this case ITD, heritage and the high quality of life of its as well as current and future investors, to protect peoples (Article 1(9)); and respect human rights as well as provide 5. To enhance the well-being and livelihood effective remedies where adverse human rights of the peoples of ASEAN by providing them impacts have already been identified. with equitable access to opportunities for human development, social welfare and justice (Article 1(11)); and Regional Standards 6. To promote a people-oriented ASEAN in which all sectors of society are encouraged to Myanmar’s role as Chair of the Association of participate in, and benefit from, the process of South-East Asian Nations (ASEAN) places the ASEAN integration and community building country in a symbolic leadership position, one that (Article 1(13)). should prompt the government to set an example and critically examine its observance of regional The ASEAN Human Rights Declaration standards, including its human rights commitments (AHRD) was adopted on 19 November 2012, and protections. The ASEAN Charter, signed on 20 and reflects the purposes and principles of ASEAN November 2007 by all ASEAN countries including stated in the ASEAN Charter that relate specifically Myanmar and Thailand, states the purposes of to “the respect for and the promotion and protection ASEAN, which include the following relevant of human rights and fundamental freedoms, as provisions:40 well as the principles of democracy, the rule of law, and good governance.” The principles protected 1. To ensure that the peoples and Member under the AHRD include the right to an effective States of ASEAN live in peace with the world and enforceable remedy,41 non-discrimination at large in a just, democratic and harmonious and equal protection before the law,42 all rights in
40 ASEAN Charter, http://www.asean.org/archive/publications/ASEAN-Charter.pdf. 41 AHRD, Principle 5. 42 Ibid, Principle 3.
68 Part 3 69 47 The National Health Act 2007 lists 11 Act 2007 lists Health National The of analysis for therequirement Despite Thai environmental law, specifically the law, environmental Thai Act Health the National Furthermore, organizations in the field of the environment environment the of field the in organizations institutions education higher from and health and environment, the of field the in studies providing health. or resources natural
2007 requires any projects or activities that may may activities that or projects any 2007 requires quality, environmental on impact seriously cause an conduct health to and/or resources natural Assessment Impact Health and Environmental stakeholder and public allow to and (EHIA), comments of the submission including involvement, independent by projects such any regarding organizations. activities that or projects of types categories or and communities to serious harm cause may projects These include EHIA. an require therefore the DSEZ. within thoselike be to implemented to relevant would be that project of categories The reclaimed (1) land include: project SEZ the Dawei (2) coalareas; mining; coastal existing seas off from (4) petrochemical industry estates; (3) industrial (5) ports. and factories; or or EHIA no EIA to date, law, Thai under impacts that analyses Any been has public. report made National Conservation of and Enhancement 1992, further Quality clarifies Act Environmental infrastructure projects or with development that conduct must impacts environmental significant prior (EIA) Assessment Impact Environmental an projects. such of the commencement to - the right to work; the right the right work; to the right 44 and the right to an adequate adequate an to the right and 45 As ASEAN members, Thailand Thailand members, ASEAN As a prohibition against arbitrary arbitrary against a prohibition 46 43 The Thai Constitution 2007 (Section Constitution Thai The consisting of representatives from private the environment and on public health have have health public on and environment the hearing a public and assessed and studied been the consulting for conducted been has process the and persons as interested well as public been has organization independent an of opinion organization independent such with obtained, any project or activity which may seriously affect affect seriously may which activity or project any of quality the to respect with community the health and resources natural environment, the the to prior unless, permitted, be not shall of quality the on impacts its thereof, operation Ibid, Principles 17; 21. Principles Ibid, 31. Principle Ibid, 28. Principle Ibid, Ibid, Principles 10, 26. Principles Ibid, Notification of Ministry of Natural Resources and Environment, ‘Type, size and implementing procedure of project or activity project of procedure implementing and size ‘Type, Environment, and Resources Natural Ministryof of Notification
go.jp/thailand/pdf/hia.pdf. 47 government a requires that community a health of and resources natural environment, of quality to impact severe a cause may that 2010, http://www.jetro. report,’ assessment impact environmental prepare to enterprise a private or enterprise, a state agency, 44 45 46 43 67(2)) states that: 67(2)) states tation. Thai law governs the behaviour Thai Thai the behaviour governs law Thai tation. actors. corporate government and company, the government of Thailand has direct direct has Thailand of the government company, implemen project’s the DSEZ for responsibility Thai Domestic Law Thai Domestic the development of owner a joint as above, noted As protect and fulfil human rights. human fulfil and protect environment. that ensure must governments Myanmar and respect, to commitments their public by they abide standard of living, which includes the rights to to the rights which includes living, of standard sustainable and clean, a safe, and food, housing, deprivation of property and interference with with interference and deprivation property of home; privacy and education; an to the UDHR, have been conducted, would not be in accordance above. with Thai or international law unless affected The DSEZ law does however refer to communities were adequately consulted or provided people indirectly, by setting out the obligations an opportunity to comment. of investors in paying compensation and making In the case of the process conducted by the transfer arrangements for a set of people who are Environmental Research Institute Chulalongkorn not clearly specified. Article 34 of the DSEZ Law University to carry out an EIA of the DSEZ roadlink, states that, after the road had been constructed, local people raised several complaints as noted in Part 2, the developer or investor shall bear the expenses indicating that they have not been adequately or of transferring and paying compensation of properly consulted. No information has so far houses, buildings, farms and gardens, orchards, emerged relating to either of the other two fields, plantations on land within the Dawei planned EIA studies on other components of the Special Economic Zone, if these are required to DSEZ project. be transferred. Moreover he shall carry out to fulfil fundamental needs of persons who transfer so as not to lower their original standard. Myanmar Domestic Law The DSEZ project has not complied with The law in Myanmar is in the process of changing. these requirements. For example, the payment of In 2014, a new Myanmar Special Economic Zone compensation has been inadequate to maintain (MSEZ) law passed in 2014 which revokes the the original standard of living of those displaced; previous MSEZ law of 2011 and the Dawei Special payments have been incomplete, compensation Economic Zone Law of 2011 (DSEZ Law).48 has only covered crops (“plantations”) and not land However the DSEZ project began when the (farms, gardens, orchards, fields) no arrangement DSEZ law applied. Thus, both the 2011 DSEZ has been made to address the loss of other law and the new MSEZ law are relevant to an livelihoods from the loss of common lands which analysis of DSEZ project activities. provided food and incomes. In other words, the The first and most important point to company has not borne the costs of transferring note in the 2011 DSEZ is that it does not refer homes and farms to a new location, as the law directly to those who hold land rights in the area requires, and has not ensured that the fundamental to be covered by the SEZ. Therefore it omits the needs of affected people have been fulfilled so important issue of community consultation and that they, at least, maintain their original standard consent, the conditions under which land can be of living. taken from existing landholders, and the safeguards As in the DSEZ law, the new MSEZ law required to ensure the rights of the local community. 2014 also requires that compensation is not limited This oversight appears to violate Myanmar’s to crops, but covers land and buildings. As before, existing human rights responsibilities, as discussed the obligation is to pay not only compensation,
48 DSEZ Law, http://www.dica.gov.mm/includes/DSEZ.pdf. which was enacted under Article 4 of the Myanmar Special Eco- nomic Zone Law 2011 (MSEZ Law). http://www.mcpt.gov.mm/sites/default/files/pdf/laws%20and%20regulation/Miscellane- ous/The%20Myanmar%20Special%20Economic%20Zone%20Law.pdf.
70 Part 3 71
- - 54 The new The failure failure The 50 51 In 2003, Thailand’s Thailand’s 2003, In 52 while activists have while activists have 53 Indeed, there is little doubt that the that doubt little is there Indeed, Thailand gives some indications as to the potential to as the potential indications some gives Thailand environmental project the DSEZ that damage Phut Tha the local Map on area. have could industrial the Gulf on in Rayong, located is zone in the early established was and Thailand, of water a deep seaport, to waste home is 1990s. It one is and factories, plastics and plants treatment The petrochemical hubs. largest the world’s of the zone from health impacts and environmental from emissions been Toxic devastating. have permanent caused have petrochemical industries including supplies, the local to water damage canals, and rainwater and wells water shallow soil contamination. caused of rates that found Institute Cancer National cervical, throat stomach, nasal, breast, bladder, the were Province in Rayong blood cancers and in thehighest country, the pollution to 2,000 deaths attributed over zone. industrial Phut Tha the Map from emitted satisfactorily must partners project DSEZ The the Dawei Special Economic Zone.” Special Economic the Dawei “follow to investors requires 2014 law, MSEZ in the Myanmar contained norms and standards international Conservation and Law Environmental Likewise,the2012 Myanmar norms”. and standards environmentally bars Law Investment Foreign industries. and harmful businesses the environ of assessment adequate complete to these contradicts the DSEZ of impacts mental legal mandates. environmental significant willDSEZ have in zone industrial Phut Tha Map The impacts. 49 Thirdly, Myanmar law requires that that requires law Myanmar Thirdly, As all activities have been brought to a to been brought all activities have As A second point to note is that, Article that, is note to point A second prescribed term in the original agreement or up up or agreement original the in term prescribed to permission of day the from years two to operate. shall permission the completed, not If and returned be shall land said The revoked. be removed.” be shall land this on buildings the In the Dawei Special Economic Zone, the developer developer the Zone, Economic Special Dawei the In [sic] affectively operate to intends investor or permitted land the on enterprises permitted the contained enterprise the such use. As or lease to the within completed be shall agreement the in ‘Dawei: Points of concerns,’ TERRA, August 2012, http://www.terraper.org/mainpage/images/keysub/1348571066_th.pdf. TERRA, August concerns,’ of Points ‘Dawei: http://www.nytimes. 18 Times, 2009, December York New The Collide,’ Business Concerns and Health Thailand, Industrial ‘In This language directly reflects Article 34 of the MSEZ law. MSEZ reflects ofthe directly 34 Article This language the customary to negative and (a) “detrimental section which are: all 4 (a)-(d). businesses Law, Investment Foreign Myanmar This language directly reflects Article 37(e) of the MSEZ law. MSEZ reflects ofthe directly 37(e) Article This language
com/2009/12/19/world/asia/19thai.html?pagewanted=1&_r=3&emc=eta1. ronment and ecological system;” and (d) “industries harmful to the community or are toxic,” (among others) (among toxic,” are or the harmful community (d) “industries to ecological and system;” and ronment 52 53 50 51 the envi to races in the country;” (c) “detrimental the the people;” national health of (b) “harmful of to tradition and cultures 49 harm. The DSEZ law instructed developers and and instructed developers law DSEZ The harm. pollution environmental cause to “not investors in enterprise his in respect of pollution air and environmental significant cause do not developers are entitled to ask that the land in question in question the land that ask to entitled are ultimately and returned, be immediately should the local to back people. distributed in force and there is currently no developer or or developer no currently is there and in force for take responsibility to committed investor communities displaced the project, of completion still was law 2013, when the DSEZ late since halt that: stated the DSEZ 35(e) of words, as before, these obligations again extend extend again these obligations before, as words, just not their homes, from forced allto who are landowners. of living, their fundamental needs are fulfilled needs are theirfundamental living, of other In smooth”. easy and is the transfer and affected people. As before, investors and developersand investors As before, affected people. leave to who have persons “the that ensure must standard their fall previous below do not the land but also pay for transfer and resettlement of of resettlement and transfer for also pay but demonstrate how they will avoid similar extensive, etc) and many laws will be needed to address the serious, and long-term impacts in the implemen- issues arising such as environment and health tation of the DSEZ. regulations, town planning laws, land use laws, access to information, pollution control. Without Further legal reform is needed these, the government will be opening itself up to Land evictions and confiscations are occurring a lot of legal claims in several years time, not only on a large scale all over the country, and people’s from local communities but also from investors. land tenure rights need to be better protected by Myanmar can improve its participatory domestic legislation. Moreover, such legislation approach and build up its regulatory system should be consistent with international human (including laws, Parliamentary committees, rights law with regard to evictions, the provision independent authorities, and other mechanisms) of adequate food and housing, and the protection learning from relevant experience of other of indigenous rights, with the principles of free, countries, to avoid creating situations where prior and informed consent and provision of fair people’s rights will be abused. compensation for confiscated land fully enshrined in the legislation. Any such legislation should also provide for fair and transparent judicial and Commitments to displaced non-judicial dispute resolution mechanisms for persons from responsible parties handling land conflicts as they arise. These mechanisms must be completely independent of The project developers and responsible parties, the Myanmar parliament and government, and namely, the Governments of Myanmar, Thailand, must be accessible to all Myanmar citizens. Farmers, and the Italian-Thai Development Company, communities and civil society should play a full have all affirmed that the DSEZ project would be and active part in the consultation process in planned and implemented in a manner consistent relation to such legislation. with international standards on resettlement. Many countries still lack laws to regulate industrial investment and economic development. The standards recognised by the responsible As a country newly experiencing many of these parties are (1) the World Bank 2001 Involuntary issues, Myanmar can benefit from the lessons Resettlement Policy, and (2) the Asian learned in other countries. Environmental Development Bank 2009 Safeguard Policy regulation reform in many countries has been Statement. The claims of developers and adjusted step by step after many problems and investors, and the content of the commitments negative experiences arose including the negative they have made, are outlined below: effects of economic development and many industries. • Dawei SEZ project activities will be planned As Myanmar is opening its borders to and implemented consistent with applicable foreign investors, many potential conflicts can be ‘International Standards’: generated (between and within communities, with • Dawei Development Company Limited various levels of govt, and different businesses (2013), Envi-News, Article 1/June
54 ‘Toxic Thailand,’ Al Jazeera 101 East, 24 April 2010, http://www.aljazeera.com/programmes/101east/2010/04/20104219545638882. html
72 Part 3 73 - 56 The above objectives cover direct the cover objectives above The The Government of Myanmar, GovernmentMyanmar, of The Government World of the objectives overarching The in relation to persons and communities communities and persons to in relation 55 Relocation or loss of shelter; of loss or Relocation assets; or to access assets or Loss of a) Involuntary resettlement should be avoided be avoided should resettlement Involuntary a) all exploring minimized, or feasible, where designs. project viable alternative resettlement, avoid to feasible not is it b) Where be conceived activities should resettlement development sustainable as executed and investment sufficient providing grams, pro- by displaced the persons enable to resources benefits. in project share to the project Displaced be meaningfully should persons to opportunities have should and consulted implementing and in planning participate resettlement programs. in be assisted should persons c) Displaced and livelihoods their to improve their efforts them, restore to least at or living of standards to or levels pre-displacement to terms, in real the beginning to of prior prevailing levels higher. is whichever implementation, project results in: results • • are and social projects, and of impacts economic land taking of when the involuntary applicable documented made have ITD and Thailand of the aforementioned to commitments stated and resettle involuntary on standards international ment the below Thus project. SEZ the Dawei by displaced applicable policies are resettlement involuntary affected by communities all and persons for the project. SEZ Dawei Policy Resettlement 2001 Involuntary Bank’s affirm that: - - - - - ment Company Limited (2012), Dawei Deep (2012), Dawei Limited Company ment Development Estate Industrial Seaport and February, presentation] [Powerpoint Project, 29 slide Seaport and Industrial Estate Development Development Estate Industrial Seaportand May, presentation] [Powerpoint Project, 73 slide Develop / Dawei Development Italian-Thai Deep Seaport and Industrial Estate Devel Estate Deep Industrial Seaport and presentation] [Powerpoint Project, opment 29 slide February, Develop / Dawei Development Italian-Thai Deep (2013), Dawei Limited Company ment the New Asian Gateway–presentation to to Gateway–presentation Asian the New Project 28 Dawei page Roadshow, Tokyo to Gateway–presentation Asian the New 28 page Roadshow, Tokyo Devel / Dawei Development Italian-Thai Dawei (2012), Limited Company opment with assistance from Myanmar authorities authorities Myanmar from assistance with Resettlement Bank’s the World with in line is Boonsongpai H.E. Niwattumrong Standard.’ Minister’s the Prime of Minister former san, Project Dawei May 2013), (22 Thailand Office, Asian Gateway–presentation to Tokyo Tokyo to Gateway–presentation Asian 28 page May, 22nd Roadshow, DSEZ at practice resettlement ‘The current Dawei Development Company Limited Limited Company Development Dawei Article 2/August (2013), Envi-News, former Boonsongpaisan, H.E. Niwattumrong Office, Minister’s the Prime of Minister New the Project (2013), Dawei Thailand • • • • • • Dawei SEZ project activitieswill be project planned SEZ Dawei Policy ADB with consistent implemented and Dawei SEZ project activities will activities be project planned SEZ Dawei Bank World with consistent implemented and Policy: Resettlement is considered to be involuntary when persons or communities affected by a project are not allowed the right to the right allowed not are project by a affected communities or when persons be to involuntary considered is Resettlement 4.12 (2001) Policy Operational Policy, Resettlement Bank Involuntary World 55 livelihood options. assets or their shelter, of in displacement results that land of therefuse acquisition 56
• • • Loss of income sources or means of livelihood, whether or not the affected persons must move to another location.
Objectives of the Asian Development Bank’s Safeguard Requirements on Involuntary Resettlement are: • To avoid involuntary resettlement wherever possible; • To minimize involuntary resettlement by exploring project and design alternatives; • To enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and • To improve the standards of living of the displaced poor and other vulnerable groups.
The ADB involuntary resettlement requirements apply to: • Full or partial, permanent or temporary physical displacement (relocation, loss of residential land, or loss of shelter) and; • Economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) resulting from (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.
The evidence presented in this report and discussed above show that the implementation of the project by partners and developers has fallen very short of their stated commitments, and failed to ensure that the human rights of affected people are respected, protected and fulfilled.
74 Part 4
Conclusion
The Dawei Special Economic Zone (DSEZ) project has highly suspects the presence of corruption in the been carried out through a poor process which breaches investment and compensation process. We request many fundamental human rights, indigenous peoples’ the parties involved make public the list of compensation rights, and the public commitments made by both payments made so that the local people can compare the Myanmar and Thai governments on involuntary the amount of compensation they received with the resettlement and protection of the environment. published amount. In all cases where records are not The community was given limited access to correct, action must be taken to ensure adequate information about the DSEZ project and displacement. compensation is fully paid as quickly as possible. Two thirds of households surveyed did not receive The above problems have left affected people any information from the government or company in a vulnerable position. The people affected by the at all. Of those that received information from the DSEZ project relied on agriculture on their own lands Part 4 government or company, the majority said that the and depend on the environment for their income. The information revealed only positive impacts and benefits loss of lands and other resources, and lack of access to of the project. Very few households surveyed knew of adequate lands and resources in compensation, will the oil, gas and petrochemical industrial complexes to affect them profoundly. Already, affected people are be built in their neighbourhood, despite the fact that in need of urgent assistance so that they can recover these are central components of the SEZ development new livelihoods and feed themselves and their families. plan. This project is a collaboration between two There was no meaningful consultation with countries, Thailand and Myanmar. If the relationship affected persons. Only 27 percent of the respondents had with the local people is not improved, the actions of attended any meeting about project implementation. those involved in the project could have a long-lasting Focus group participants described these meetings as negative impact on cross-border relations between “one-way” presentations. Of those who attended the Myanmar and Thailand. Myanmar should learn from meetings, 82 percent did not actively participate in the the missteps of other countries in developing industrial discussion, mostly because they did not understand estates to avoid generating major problems for all what was happening or there was no opportunity to parties now, and deeper problems decade later. ask questions. Only 8 percent of households gave the Local people have expressed that they are government their consent prior to the start of the not against development, but want development that project. is not harmful to people or the environment. The The compensation process has not been fair governments and other project partners should take and transparent. Only 15 percent of surveyed households people’s concerns seriously and work towards sustainable have received compensation. Rates of compensation have development by improving the livelihood security of been set too low to ensure a sustainable future livelihood the local communities and ensuring environmental for the affected people in the future. The research team sustainability.
75 Recommendations
To the Thai government:
• Ensure that it complies with all domestic and complaints of human rights abuses, relating international legislation in relation to forced to land confiscations and forced evictions as evictions, rights to adequate food and housing, a consequence of the Dawei SEZ project and indigenous peoples’ rights. activities or operations conducted by companies • Investigate and take appropriate measures domiciled in Thailand and Myanmar, regardless against all companies domiciled in Thailand of where such abuses are alleged to have taken that abuse the human rights of communities place. affected by development projects, regardless • Adopt a collaborative approach with national of where company operations take place. human rights commissions in other countries, • Require all Thai companies to conduct to ensure that the human rights of local environmental, health and human rights impact communities are protected and respected assessments before any further operations when the main actors are transnational and are commenced. cross-border activities and operations are • As joint owner of the project, the Thai involved. government (along with the Myanmar government) must provide clear information To the Myanmar government: to the public, and in particular to the affected communities, relating to the current status • Investigate all credible allegations of corruption of the project, including the results of the involved in the payments of compensation Environmental Impact Assessments, the to local communities. Government agents process of compensation and the arrangements must not be engaged as brokers in land deals. for resettlement. In addition, clarify the • The parties involved must make public the processes to be applied in the future list of compensation payments made to allow implementation of the project, giving clear local people to check that records are correct direction as to how the problems raised in and if they are not correct, to allow action to this report should be addressed, and indicating be taken to ensure adequate compensation is which parties precisely will take responsibility fully paid as quickly as possible. for addressing these problems. The project • Stop the criminal prosecution of people who must not continue while such problems refuse to move. People who have been made remain unresolved. homeless must be given urgent support. • Reconsider allowing industrial development To the National Human Rights in an area where it is likely to cause danger to Commissions of Thailand and Myanmar a large population. Reconsider the location and size of the DSEZ project, so as to minimise • Carry out a full investigation in a transparent, the potential impact on indigenous populations, consistent and proactive manner, into all the majority of whom do not want to be
76 Recommendations 77 people’s land tenure rights is consistent with with consistent is rights tenure land people’s regard with law rights human international adequate to rights evictions, fundamental to of the protection and housing, foodand rights. indigenous people’s fair for provides legislation such that Ensure non-judicial and judicial transparent and handling for mechanisms resolution dispute Comply with – and ensure that local that authorities ensure – and with Comply international and – all with domestic comply evictions and forced to in relation legislation rights. all companies take action against and Investigate communities of rights the human abuse that Myanmar. in projects by development affected abuses rights human victims of that Ensure non- and judicial full effective to access have independent, an including remedies, judicial land judiciary, competent and transparent rights human national and commission commission. basic include to the Constitution Amend rights the land respect for, and of, protection particularly of Myanmar, of the people of establish to and indigenous ethnic groups, citizens. its for tenure secure land which governs legislation that Ensure opportunities when land is confiscated. confiscated. is when land opportunities also reparation be to should paid Attention all which livelihoods for reimbursement and not project, by the affected will be negatively land-related. those which are only those to who have support urgent Provide health and hardship deepening poverty, suffered projects. the DSEZ of a result as problems water, to access, need support Affected people houses, work, health, education, electricity, and land. local to be given communities must Priority resources. in allocating local water • • • • • • • • To the Myanmar parliament: To the commencement of the project, if not to a to if not the project, of the commencement higher standard. through compensation, just and fair Provide displaced enables that approach, a systematic livelihoodand land equivalent afford to people support networks, to ensure the regeneration the regeneration ensure to networks, support communities the displaced of livelihoods of continue must All elsewhere. affected people in housing food and secureto adequate to prior future enjoyed the level to least at to taking any decisions about the transfer of of the transfer about decisions takingto any rights. human with in accordance land be justified, may resettlement cases where In undertake clear, should the government the full with planning, sensible practical and and communities affected of participation consultation and participation of affected affected of participation and consultation concerns their needs and that ensure to people fair open, in an addressed and becan heard Seek prior the free, manner. systematic and prior affected people of consent informed and raised in this report should be addressed, beaddressed, should raised in this report will which parties precisely indicating and these addressing for take responsibility continue not must problems. project The unresolved. remain while problems such full transparent and for mechanisms Establish Assessments, the process of compensation compensation of theAssessments, process In resettlement. for the arrangements and be to applied clarify the processes addition, the project, of implementation in the future the problems how to as direction clear giving around the project location. the project around the Myanmar the project, of owner joint As government) the Thai with (along government to relating information clear provide must including the project, of status the current Impact the Environmental of the results moved. Explain in a public and transparent transparent and public a in Explain moved. location of the choice for the reasons manner clearly identifying projects, large-scale any of to populations and the villages, households and inside affected indirectly be and directly • • • • land conflicts as they arise, with such • Abide by the UN Guiding Principles on mechanisms to be independent of the Myanmar Business and Human Rights in all DSEZ Parliaments and government, and accessible project operations and policies. to all citizens of Myanmar. • Abide by their own commitments to interna- • Ensure that farmers, communities and civil tional standards on involuntary resettlement society play a full and active part in the as well as all human rights obligations related consultation process in relation to such to forced evictions and rights to adequate legislation. food and housing. • Study the experience of other countries in • In cases where resettlement may be justified, developing environmental legislation and ensure just and fair compensation to all mechanisms to regulate industrial development individuals and communities evicted. Ensure and management, in order to avoid the proper process of relocation and adequate oversights, omissions and mismanagement preparations for an alternative site with that have occurred elsewhere and gain the equivalent land, services and access to benefit of international experience. This livelihoods. should focus in particular on the protection • ITD should reveal its records on compensation of people’s health and environmental quality. payments to indicate who has received how • The foreign investment laws should be much for what. amended to put in place a proper system for • New investors should refuse to engage with public participation in relevant decisions the Dawei SEZ project as long as the human regarding foreign investment in their area, as rights of affected communities’ are not being well as legal protection for the human rights protected or respected. of people potentially affected by foreign investment projects. To the public in Myanmar, Thailand and internationally, who may be concerned about To ITD and any future potential investors: the situation facing affected people:
• Ensure that it complies with the principles of • Call on both the Thai and Myanmar govern- free, prior and informed consent, and engages ments to protect the human rights of those affected communities in full, frank and affected by the Dawei SEZ development meaningful consultation and participation, project in any way that they can. as well as provides all relevant information • Ensure that any companies domiciled in to affected communities in advance of any their respective countries abide by the UN decisions taken within this process. Guiding Principles on Business and Human • Ensure that it conducts full and transparent Rights, and all relevant international human environmental, health and human rights impact rights instruments. assessments prior to the commencement of • Ensure that any companies domiciled in any further operations related to the DSEZ. their respective countries conduct full and Ensure that impact assessment recommen- transparent environmental, social and human dations are carried out in ways to avoid, rights impact assessments. minimize or mitigate potential impacts. • Act responsibly and do not cause harm to the local people.
78 ANNEX I 79 - 57 Eighteen Thai civil society organizations held held civil organizations societyThai Eighteen governments the Thai question to release a press money public of baht take 52 billion to decision estate industrial in a deep seaport and invest to build to land expropriating as well as in Dawei, 21 schools, and 23 pagodas in 19 villages.19 pagodasin 23 and schools, 21 developers and called the government on DDA to: development sustainable and green to 1. Adhere local and the environment protect to principles in Dawei livelihoods locals when implementing desires 2. Prioritize project the with in accordance SIA and EIA an 3. Conduct standards international development sustainable and a green 4. Pursue of local interests and reflects desires the that communities. against a campaign locals and organized DDA at Plant Coal-Firedthe proposed Power ‘green called beach and for Maungmagan destructive environmentally not development, development. compensation was given. This road will This ex given. was compensation Karen 21 through cut and kilometres 160 tend villages. held (DDA) Association Development Dawei concerns express to in Yangon conference a press 32,279 local of people, the displacement about 2012 2012 4 January 2012 5 January 15 December 2011 - ANNEX I: ANNEX Dawei Deep Seaport and SEZ – Chronology of Events 2008-2013 of Events SEZ – Chronology Seaport and Dawei Deep Thailand after local communities their alleged communities after local Thailand no and thecompany by destroyed were lands links, and a township. links, and stopped (KNU) Union National Karen The and Dawei connect to construction road ITDs and MPA (Myanma Port Authority). A 60 year A 60 year Authority). Port (Myanma MPA and is Concession Transfer and Operate Build, a deep seaport, an develop to ITD to granted industries heavy (including estate industrial plant power mill, fertilizer a steel as plant, such pipeline and rail road, utilities), other and Framework Agreement signed between ITD Agreement Framework Development PLC (ITD) signed an MoU to to MoU signed (ITD) an PLC Development Pro the Dawei for study a feasibility conduct ject. Seaport and Special Economic Zone (DSEZ) (DSEZ) Zone SpecialSeaport Economic and a a deep seaport and which includes Project Bangkok. link to road Italian-Thai and Myanmar of government The The governments of Thailand and Myanmar Myanmar and Thailand of governments The Deep the Dawei establishing MoU signed an Compiled by TERRA by Compiled 57 2011 2011 19 July their lands were invaded or damaged without without damaged or invaded were their lands consent. or information prior 2010 2 Nov Local people started noticing construction going going Localconstruction startednoticing people that claimed villagers some and in the area, on 2010 19 June 2008 19 June 2008 2008 19 May a national highway specially to supplement extension project, as their losses were never this project. Additionally, the group also addressed/compensated by the company. ITD questioned the Electricity Generating Authority called for a temporary stoppage of work in the of Thailand (EGAT) on its plan to buy electricity area and left the site to work on other projects. from Myanmar, which may be too costly and The issue still remains unresolved. threaten Thailands national security in the 2 August 2012 future. Concerns over social and environmental In Kalonehtar, villagers expressed their impact were also presented. dissatisfaction with ITD’s plan to construct a 7 January 2012 dam that would flood their village and farm- A bilateral meeting between Ministers of lands while diverting the reserved water for Myanmar and Thailand to discuss cooperation industrial use. The villagers said they don’t on the deep seaport project. During this meeting, want to move. DDA sent an open letter to the Prime Minister 18 August 2012 of Thailand to express concerns over environ- Sulak Sivaraksa, a prominent Thai scholar; mental impacts and human rights. The group Veerawat Dheeraprasart, Chairperson of called on the Thai government to proceed with Foundation for Ecological Recovery; and caution and understanding, and to prioritize Penchom Sae-Tang, Director of Ecological human rights in its approach. Alert and Recovery – Thailand, at a press 9 January 2012 conference entitled “Stop Patronizing Dawei U Khin Maung Soe, Myanmar’s Minister of Project, Stop Public Debt Hikes”, questioned Electric Power, stated in a press release in the ethics and governance of the Thai government Yangon that the 4,000MW Coal-Fired Power and related agencies on the Dawei Deep Seaport Plant in Dawei would not be allowed due to its and Special Economic Zone development negative environmental impacts. project. Forty-two civil society organizations 6 April 2012 endorsed the statement expressing disagreement Villagers in Thabyu Chaung, a Karen community with Thai government’s intention to use public that would be directly affected by the road funding to support the project as it would not construction connecting the Dawei Industrial only increase public debt but also allow the Estate to Thailand, expressed strong opposition investments into a country that still lacks to the project. They walked out during a meeting strong laws and enforcement mechanisms to with the Environmental Research Institute of protect human rights and the environment. Chulalongkorn University (ERIC), who came The groups also called relevant government to collect data for an environmental assessment agencies to reveal all information to the public. report (EA). Villagers doubted the teams September 2012 neutrality as they arrived with ITD, the project Transnational Institute (TNI), a human rights developer. ITD was unable to give a clear answer group, in cooperation with local communities, on how it would compensate the people affected released a report, highlighting issues of land by the road construction. Locals were extremely grabbing, unfair compensation, and forced dissatisfied with ITD’s irresponsible attitude resettlement in the Dawei project site. The after its invasion of the community’s property. number of affected individuals, both directly This resulted in a road blockade by the villagers and indirectly, from land grabbing in Dawei is in order to prohibit ITD to continue its road estimated as high as 500,000.
80 ANNEX I 81 Japanese Prime Minister Shinzo Abe made an an made Abe Shinzo Minister Prime Japanese Prime Thailand’s Thailand. to visit official discussed the Shinawatra Yingluck Minister Nation The Abe. Mr. with project DSEZ interest an expressed has reported Japan that the Dawei develop to in taking part in the project in Myanmar. Port that no villager had moved out from their village from out villager moved had that no this time. at the deep of report the EIA that stated Media projects Estate Industrial Dawei seaport and the beginning by expected be to are completed while the Project that out Locals 2013. of point began in September 2010, ITD only started since Engineering TEAM Consulting hire 2011 to Consultants Panya Ltd., Co. Management and Research the Environmental and Ltd., Co. (ERIC) University Chulalongkorn of Institute studies assessment environmental conduct to (which includes areas project in the main three construction the dam DSEZ, the deep seaport and the roadlinkswith and in Kalonehtar, area any on no information present, At Thailand). been has local revealed to studies these EIA of communities. reservoir, and over 1,000 people would be be would people 1,000 over and reservoir, feedto would be diverted relocated. water The Locals stated in Dawei. the estate new industrial any prevent to negotiations for ITD asked that that On the day the project. on further delay the village to officials at arrived ITD and met explain they were plan, the resettlement Relocation.” “No and Dam” “No saying signs with which quoted a news report to response In the of the majority that saying CEO as ITD’s the Tavoyan been already had moved, villagers stated in Dawei, a local organization Voice, 28 November 2012 28 November 2013 2013 17 January 22 November 2012 22 November Communities held another protest against the against protest another held Communities 182 households as in Kalonehtar, project dam new the planned under be submerged would in relevant seasons. A local group named named A local seasons. group in relevant Project the DSEZ that stated Voice’ ‘Tavoyan authorities and businesses beneficialto only is created impacts the suffer to while locals have the project. by Locals in the Nabule area where the proposed the proposed where area Localsthein Nabule will Estate Industrial Dawei deep seaport and these for initial constructions that said be built their livelihoods deteriorated have projects their crops growing them from prevented and DSEZ Project among the three leading countries, leading the three among Project DSEZ other two as the Myanmar and Thailand with has Japan also revealed that He players. key financial provide willingness to its expressed infrastructure. to relating projects on support “Stop Building another Map Ta Phut in Dawei.” in Phut Ta Map another Building “Stop revealedIndustry his of Minister Thailand’s External Japan’s of the President with meeting Iuchi, Setsuo in Thailand, Organization Trade in the Dawei cooperation Japan’s confirming State; and 4) Foreign investment must be be must investment 4) Foreign and State; environmentally friendly. by the affected who are communities Karen a campaign organized roadlink construction saying signs opposition up putting activity, villagers, who will be affected by the dam whoby villagers, will dam the be affected Thein to express Sein project, President asked foreign for regulations four allegiancehis to the of the interests Protecting 1) investors: the dignity Protecting 2) Myanmar; of people the of sovereignty 3) Protecting the State; of Affected communities joined in a campaign to a in campaign joined communities Affected They in Dawei. Project the DSEZ oppose being highly polluting for criticized the project Kalonehtar friendly. environmentally not and 15 November 2012 15 November 28 October 2012 4 October 2012 20 September 2012 20 September 19 January 2013 involved in a public consultative meeting Thailand’s Transport Minister Chadchart organized by the Environmental Research Sittipunt, expressed confidence that Japan was Institute of Chulalongkorn University, the highly likely to invest in the DSEZ project, Thai agency hired by ITD to do the EIA report. adding that the extension of soft loans by the The villagers accused that the EIA team has Japanese government to support the project’s several times failed to provide information infrastructure would boost the project’s related to their study and failed to clarify critical feasibility, as the loans would help to lessen issues such as compensation for damage to the interest burden during the initial period of lands and crops. They also regarded the approach the project. taken by ITD and the Team, specifically, 25 January 2013 carrying out studies after construction had Cyclists and activists in Myanmar began a begun and properties were already damaged, 10-day bicycle ride campaign from Yangon to as a clear demonstration of their ‘lack of ethics’. the DSEZ project site in Dawei to raise public 25 May 2013 awareness of environmental issues of the project. Japanese Prime Minister Shinzo Abe began a 5 March 2013 visit to Myanmar. DDA submitted a complaint letter to the DDA submitted a complaint letter to Japanese’s National Human Rights Commission of Prime Minister Shinzo Abe, the Minister of Thailand in Bangkok, stating their concerns Finance, the Minister of Foreign Affairs, the on violation of human rights and community Minister of Economy, Trade and Industry, as rights related to the DSEZ project. The group well as the Governor of Japan Bank for pointed out that the human rights violations International Cooperation (JBIC), and the have been committed by Thai companies and President of Japan International Cooperation related agencies, for example, the violation of Agency (JICA), stating their concerns about rights of indigenous and ethnic people – no violation of human rights and community rights to information and no proper consultation rights related to the DSEZ project. The group to local indigenous and ethnic people, and noted that Japan must be accountable for any more than 32,000 local people are also environmental and social impacts and human facing involuntary resettlement and unfair rights violations caused by the project, if it compensation. decides to become involved in the project in 28 March 2013 any form, including investment or the provision 30 villagers from Cha Khan village in Htein of loans. The letter also highlighted key Gyi tract, are pressured by the local government obligations such as the compliance with authorities to move out from their village to human rights and international standards, make way for the construction of the DSEZ especially the right of indigenous peoples to project. The villagers have refused to move as FPIC (Free, Prior and Informed Consent); they have been living in Cha Khan for decades information disclosure in a timely and and have made their living from fishing and appropriate manner, and the meaningful salt farming for generations. participation of local people in the planning, 12 May 2013 implementation, and monitoring of the Local people affected by the construction of Resettlement Action Plan (RAP) as well as in the Dawei roadlink to Thailand refused to be the process of EIA; no coercion or intimidation
82 ANNEX I 83 first was a contract between the Dawei between the Dawei contract a was first DSEZ and Authority Zone Special Economic a special which is purpose Development, and Thailand by vehicle owned jointly (SPV) SPV will invite The a 50:50 basis. on Myanmar deal The second was the project. for investors the ITD, among memorandum a tripartite destroyed by the project construction without without construction the project by destroyed their knowledge. the that reports Eleven Media Myanmar’s a told government officialsJapanese the from meeting, that joint Japan-Thailand Myanmar- in the involvement its reconsidering is Japan is government Japanese “The project. DSEZ but SEZ, thein Dawei investing in interested the If yet. decision any making not they are in involved get to wants government Japanese So funding. use public to theythe have SEZ, any to they in Japan the will SEZ explain said Japanese interest,” takes an that company Sein, who Han Transport of Minister Deputy scrutinizing SEZ the Dawei of the chairperson is committee. Coordination Joint Thai-Myanmar The and (JCC)Bangkok in met Committee on agreement a new framework approved The signed. were MoUs Three Project. DSEZ Local villagers blocked a road in Thabyu Local in Thabyu a road blocked villagers accusing ITD, against protest village to Chaung to promise its keep to failing of the company the by losses caused them for compensate project. the DSEZ for new roads of building criticizing statement a alsoissued The group non-transparent and described it “unfair as what by ITD. offered compensation” project, the DSEZ to halt call for residents Dawei not has compensation promised claiming is dissatisfaction localbeen and paid peoples’ being are orchards and their farms as growing 16 October 2013 2013 21 November 29 September 2013 29 September and development of this region is the task of of the task is this region of development and thein economies the largest of one as Japan said. he region,” managing director, Masaki Takahara also said Takahara Masaki director, managing expertise its through share could Japan that infrastructure development, and planning also could be thewhile project financing the connectivity to considered. “Contribution Myanmar officials say they remain confident confident remain saythey officials Myanmar in developing role a major will play Japan that also officials said Japanese project. the DSEZ several mulling theythe are mediato that External Japan in Dawei. participate to options executive (JETRO) Yangon Organisation Trade invitation letter signed by ministers from from ministers signedby letter invitation to sent officially was Thailand and Myanmar invest to Japan encourage to 24 April on Japan in the DSEZ. U Thura Thaung Lwin, Chairman of the Dawei ofthe Lwin,Chairman Thaung U Thura Committee Management Zone Special Economic as a Japan to include the effort announced the with project the DSEZ partner for strategic coal clean technology to purpose obtaining of an that mentioned He electricity. supply Court by farmland owners in the Talaing Yar Yar in the Talaing owners farmland Court by of the amount District, disputed 14 persons their losses to for offered compensation farmland livelihoods. and The Dawei Watch Group stated that residents residents that stated Group Watch The Dawei loss land for ITD sue to planning are Dawei in through a highway incurred when ITD built Also, Township. Phyu in Yay land the villagers’ the Special to submitted a report to according of local people and community in the process in the process community localof and people of avoidance resettlement; involuntary of no feasible; involuntary where resettlement in all rights human respect for and corruption; activities. project 9 September 2013 9 September 4 August 2013 4 August 29 July 2013 29 July 24 June 2013 24 June DSEZ Authority and the SPV, which determines bank, speaking at a Rangoon business seminar the remaining operating rights of ITD before staged by Japanese media company Nikkei. it transfers them to special purpose companies 4 December 2013 (SPCs). The third is an agreement terminating The DSEZ project is temporarily suspended. the existing concession of ITD to construct Thai and Myanmar workers face unemployment. and manage the Dawei project. This concession Myanmar’s Deputy Minister for Social Welfare, right will be transferred to the SPV and put up Relief and Resettlement told The Irrawaddy for bids. that villagers from the six villages who will be U Set Aung, Vice Governor of the Central displaced still have not received compensation Bank of Myanmar, said the meeting on the and he has no idea who will be responsible for DSEZ Project was observed by representatives providing the rest of the compensation. from Japan. The management committee also 11 December 2013 invited investors from Japan to give their DDA issued a press release prior to the proposals for the first-phase development in Japan-ASEAN summit, calling on the Japanese the Dawei project. government, development agencies and investors 21 November 2013 to refrain from investing in the DSEZ until Dawei villagers block the road between international best practices are firmly in place. KM37-38 and seize 3 ITD vehicles as they said The group also urged that the Japanese investors ITD has failed to compensate for their plantations must not invest in dirty industries that will that were destroyed since the company started harm local communities and the environment. the road construction in 2011. 13-15 December 2013 22 November 2013 A Summit to mark 40 years of ties between Japan Mitsubishi announces that the company will and ASEAN is held in Tokyo. It was expected team up with Electricity Generating (EGCO) that Japan would announce its plan to invest and ITD to build a 7,000MW coal-fired power in the Dawei SEZ project at this meeting. No plant in Dawei, taking stakes of 30%, 50% and information has been made public about the 20%. The total output capacity will be equivalent discussions on the DSEZ at this meeting, up to of seven nuclear reactors. The first facility is the time of going to press. slated to go into operation in 2015. The plan is  to supply 3,000MW within the DSEZ and sell  the remaining 4,000 MW to Thailand. Local people have not received any official notification related to this plan. 25 November 2013 The Irrawaddy reports that Japan’s government and private sector are taking a renewed interest in the project after previously appearing lukewarm to the proposition. “Dawei Special Economic Zone [SEZ] is a very important project for the region,” said Mr. Tadashi Maeda, managing executive officer of Japan Bank for International Co-operation (JBIC), a state-owned
84 ANNEX I I 85 [email protected] Dawei Association Development Dawei Township, Tanintharyi Region,Myanmar Tanintharyi Dawei Township, Annex II: Annex MD. National Human Rights Commissioner; Chairperson of Sub‐ committee committee Sub‐ Commissioner; Chairperson of Rights Human National MD. , PhD. Chairperson of National Human Rights Commission of Thailand; Thailand; of Commission Rights Human National Chairperson of , PhD. Submission to the Thai Human Rights Commission Thai Human to the Submission 1) Violation of rights of indigenous and ethnic people – No rights to information and no proper consultation consultation proper no and information to rights ethnic – No people and indigenous of rights of 1) Violation era historical pre‐ since Nabule in living people Dawei on indigenous both impacts willproject cause The 1) The 204.5 square kilometer Dawei Deep Sea Port and Industrial Estate situated in Nabule area, 20 20 area, Nabule in situated Estate Industrial and Port Deep SeaDawei kilometer 204.5 1) The square reservoir will be a water constructed where city Dawei north of 36 kilometers village located 2) Kalonehtar 50,000 people of estimate an where Ron Nam Phu to SEZ Dawei from link area road long 3) 132 kilometers We, Dawei Development Association, write you to raise our deep concerns on human rights situation due due situation rights human on deep concerns our raise to you write Association, Development Dawei We, Myanmar signed was by Estate Industrial and Dewei Deep on Sea Port (MoA) Agreement of Memorandum Dr. Amara Pongsapitch Amara Dr. Pitakwatchara, Niran Dr. ethnic people and localto indigenous will be affected. be will agencies Rightsrelated occurred violations and companies Thai by Human will be evacuated. 182 households from 1,000 people about with River, Yar Talaing on project impacts to livelihoods and human rights of local people in three areas which include: local areas of in three people rights human and livelihoods to impacts project in 21 villageswill be evacuated. 3,977 households 32,274 from of kilometers population with City Dawei of northeast of Understanding (MoU) between Myanmar and Thai government in July 2012. The project consists of several consists project The 2012. July in government Thai and between Myanmar (MoU) Understanding of plant power coal‐fired factories, steel complex, petrochemical deep refineries, seaport, oil including components The Thailand. to road‐link and industries for water supplying reservoir project a water as well as factories other and ITD was agreement, to initial According 2008. June (ITD) in Ltd. Co. Development Italian‐Thai and Authority Port Memorandum under project Government‐to‐Government become now has it but the project for developer main to Dawei Deep Sea Port and Special Economic Zone (SEZ) Project being developed in Tanintharyi Region. We We Region. being in Tanintharyi developed Project (SEZ) Zone Special Economic and Deep Sea Dawei to Port to international uphold will willthat undertakemeasures Thailand of Commission Rights Human the National hope this project. to related rights human of standards Re: Concerns on Violation of Human Rights and Community Rights related to Dawei Deep Sea Port and Special and DeepSea Port Dawei to related Rights Community and Rights Human of Violation on Concerns Re: Economic Zone Project Rights Community on March 5, 2013 March Dear 120 Chaengwattana Road, Laksi120 Chaengwattana District, 10210 Thailand Bangkok National Human Rights Commission of Thailand Thailand of Commission Rights Human National Complex The Government (before Bagan era) and Karen ethnic people living on the road link project. Nevertheless, all the agreements and plans made between Italian‐Thai Development Co. Ltd. (ITD) and Myanmar government were signed without any consultation and informing to local indigenous and ethnic people. Although the project was started to implement in 2010, ITD has later commissioned TEAM Consulting Engineering and Management Co. Ltd., Panya Consultants Co. Ltd., and Environmental Research Institute Chulalongkorn University (ERIC) to conduct Environmental Assessment (EA) in Dawei Seaport and SEZ, water reservoir in Kalohtar and the road‐link area accordingly which was started only in September 2011. So far, no information concerning with EA has been disclosed to local indigenous people while the project is still going on. This kind of practices by ITD and other related agencies from Thailand do not respect rights of indigenous and ethnic people to make decision on management of their local resources and land in the communities. 2) Involuntary resettlement and unfair compensation More than 32,000 Dawei indigenous people in Nabule and 1,000 people in Kalonehtar village have been facing with forced relocation. There is no systematic survey related to relocation and meaningful consultation on the desire on local people. The relocation site has been building without any consent of local people. Worse, the houses in relocation area were built in a low quality as they usually collapse when the wind blows. At Kalonehtar village, ITD and government are trying to build a reservoir on nearby Talaing Yar Chaung River. The reservoir will cause over 3,000 acres of plantation that all the people from Kalohtar depends flooded and destroyed. The villagers are demanding not to move as they do not want to lose their forest and land with rich resources and biodiversity. But the company put pressure to the local villager with different ways to move. This practice of involuntary resettlement also does not respect social and economic rights of local people and threaten their livelihood and economic security in Nabule area. According to a research “Local People Understanding of Dawei Special Economic Zone”, 86% of local peoples at Dawei SEZ in Nabule rely on land and agriculture. However, the relocation site in Bawai, Htawa, and Wa Zun Taw located between sea and Tanintharyi mountain range is too narrow to do farming. If the local people in Nabule area are forced to resettle after the finish of construction in relocation site, there will be no place and land to grow food and do farming. Many unfair and unequal compensation cases have occurred in the project while lands are confiscated for buildings of company office and access road. Though one project implemented by one company, differences are occurred based on areas and power of the residences. There are serious discrimination practices for compensation by ITD. At some areas controlled by Karen National Union (KNU) local people have privileges to participate in decision making for compensation; while at some areas, particularly at Nabule area, local people are being threatened and receive less compensation. Government officials also try to influence compensation process. The worst thing is that the company does not disclose any information related to compensation and this leads corruption of government officials and exploitation of land brokers. We believe that Thailand as a signatory of Universal Declaration of Human Rights will uphold principles of human rights and fundamental freedom not only individuals and citizens in Thailand but also in other countries. Therefore, we local people from Dawei and Thanintharyi wish that National Human Right Commission of Thailand can take measures to investigate human rights situation and violation related to Dawei Deep Sea Port and Industrial Estate Project by Italian‐Thai Development Co. Ltd. and Government of Thailand to bring forth respect human rights of local indigenous and ethnic people in the communities. Thank you for your consideration of our request and we look forward to your response.
Yours respectfully, Originally signed by
‐ DDA ‐ Dawei Development Association
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