NLD Agricultural report submitted t

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Subject: NLD Agricultural report submitted to 1997 May conference

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May 27, 1997

Report for 1996-97 Submitted by the Central Agricultural Workers 
Organization
National League for Democracy

Position Statement of NLD on the Living Conditions of
Agricultural Workers and the Agricultural Sector

Introduction

Agricultural must be given top priority in Burmese Economic Projects. 
40 percent of Burma's foreign earnings comes from export of rice. 
According to the reports published in local newspapers export 
earnings in 1996-97 from agricultural products amounted to kyat 
1,879,000,000. Rice is the staple food of the people in Burma. 

Agricultural employs the largest number of the population and export  
of rice remains Burma's most experienced and successful project. It  
is, therefore, the foremost responsibility of the authorities to 
promote the growth of the agricultural sector and to improve the  
living standards and welfare of the agricultural workers as 
agricultural forms the basis of the country's development and  
priority.

The agricultural workers as a whole must join hands and participate, 
with the rest of the population and only then can we succeed in 
establishing a genuine multiparty democracy and a free market economy 
and thereby the agricultural workers will be able to gain and enjoy  
all the rights and privileges they are entitled to.

1. NLD's  Policy regarding the Agricultural Sector

To improve the lot and welfare of agricultural workers, we must be  
able to follow the policy and guidance mentioned in the party's rules 
and regulations (temporary) as well as the undertakings given in the 
election manifesto of NLD. Only then, the agricultural workers who 
form the majority of the population will be able to attain and enjoy 
all the rights and privileges they fully deserve as the fruits of 
their mental and physical labor.

When NLD was first formed it was resolved that the following program  
must be adopted to develop the agricultural sector and to improve the 
living conditions of the agricultural works.

(a)  The right to own agricultural land as well as the right to  
transfer ownership (NLD's regulations (temporary) and draft policy 
statement.

(b)  Long and short term loans and grants to be given for the purpose 
of improving agricultural land. (NLD's regulations (temporary) and 
draft policy statement)

(c)  To cultivate, mill, store, sell/purchase freely (NLD's  
regulations (temporary) and draft policy statement)


(d)  To devote special efforts to expand cultivation on land remaining 
unutilized. (Election Manifesto)
(e)  To provide sufficient fertilizers as far as possible (Election 
Manifesto)
(f)  To promote the change over to agricultural products, which will 
produce more, export earnings instead of limiting the cultivation of 
rice and commodities to be used as raw materials in industries only. 
(Election Manifesto)

(g)  To guarantee private industrial agricultural and planting of  
long term plants on land remaining wild and unutilized for which 
grants will be issued. (Election Manifesto)

(h) To review land nationalization Act, Tenancy Act, Protection of  
Agricultural Workers Rights Act. (Election Manifesto)

(i)  To promote and formation of Agricultural Workers Unions, 
membership of which will include all strata of workers to facilitate 
the settling of issues affecting agricultural workers. (NLD's 
regulations (temporary) and draft policy statement)


2.  Agricultural Workers' Loss of Human Rights

Human beings can live with dignity only when human rights can be  
enjoyed fully. But in Burma today, it can clearly be seen that the 
agricultural workers have lost their human rights.

The authorities are forcing cultivators to leave their work  
unfinished and using them in road building, railway track laying, 
digging canals. In addition, the farm workers are forced to guard  
railway tracks day and night for so-called security reasons.

Another shameful and despicable act is the use of agricultural workers 
and their families as "porters" by the armed forces during their 
operations. Many lives have been lost as a result of 
exhaustion, torture, etc. 

The unfortunate cultivators are also required to attend so-called  
political rallies organized by the authorities whatever their feelings 
and whether their daily routine is adversely affected or not. Those 
who are unable to join these rallies due to sickness are compelled to 
give bribes to village authorities.

The cultivators also are forced to provide dry provisions to the army 
unit posted near them and when one unit moves out and another takes 
its place the poor farmers are called upon to pay "moving expenses and 
this is causing them a lot of difficulties and financial  distress.

If a cultivator is unable to perform forced labor he has to pay 
whatever charges he is assessed, however harsh such changes may be. 
When he personally performs forced labor he does not receive any 
payment but on top of that he is required to shoulder numerous 
expenses relating to porter duties. During the period of forced labor 
the cultivator does not get any medical attention, food, 
accommodation, welfare and because of lack of such facilities the  
cultivators suffer from malnutrition, diseases, wounded from 
accidents, loss of limbs and in several instances death as a result.

When a cultivator' piece of land is appropriated as a result of a 
state program or to test some military weapons no compensation either 
in cash or substitute land to the owner.

Farm lands are appropriated far in excess of the number required for  
government schemes and on completion of such schemes the surplus farm 

lands are not returned to the rightful owners but used by the 
government employees for their own gain. To work such farm lands  
these people in collusion with village officials force the cultivators 
to do the work without payment and then divide the spoils 
among themselves.

Without abiding by the provisions of the Tenancy Act 1963, farm lands 
confiscated from cultivators and newly developed land plots are 
reallocated by land survey clerks and village officials to those who 
could bribe them.

An additional burden for cultivators is the contributions collected by 
the village officials and organizations friendly to them under the 
guise of so-called development programs.
During harvesting season of 1997, cultivators in Pegu Division were  
forced to contribute to development fund on the scale of Kyat 200 for 
a farmer working up to 5 acres, kyat 300 for over 5 acres, kyat 150 
for a cultivator engaged in sowing beans up to 5 acres. Others  
residing in villages but not owing any land were assessed of kyat 150 
per household.

Cultivators residing at Pegu, Kawa, Thanatpin townships in Pegu  
Division who were unable to fulfil their quotas were taken to Taungoo 
in March 1997 to explain and discuss the matter with the Divisional 
Commander.

It is learnt that over 1000 people were involved. The cultivators 
instead of meeting the Divisional Commander were sent as porters to 
the front lines through Kyaukyi Town and forced to work there. There 
were many elderly people in this group among who was 65 years old, U 
Than Maung, Chairman of the banking committee of Katwin village, Pegu 
Township, who lost his life while slaving as porter.

Cultivators in Kyonmange, Moulmeingyur, Bogale, Labutta Townships, 
Irrawaddy Division while preparing to start work in the fields with 
the onset of the monsoon season are now in constant fear of being 
forcefully drafted as porters as these are happening daily. Some 
people in authority on the other hand are making money by releasing 
those drafted as porters on receiving monetary satisfaction.


3. Freedom to Cultivate, mill, store and trade

Producers are always intent on cultivating crops, which will benefit  
them most. However the cultivators do not fully enjoy the right to 
grow and trade in paddy, rice and agricultural products, as they like. 
They are restricted by existing rules and regulations or as  directed 
by governing bodies and authorities.

The cultivators have lost the right to own farm lands in spite of the 
existing law promulgated in 1953 know as "Land Nationalization Act" 
(Section 38, Part 16 Use of Agricultural Land) which clearly confers 
the rights and privileges to farmers.

Notification 4/78 of the Trade Ministry not only prohibited the  
cultivators from trading their produce freely but also adversely 
affected the cultivators' rights and the economy of the country.

During the period the Burmese Socialist Program Party (BSPP) the  
cultivators had to abide by the state planned cultivation scheme and 
suffered great losses. Then again under the SLORC regime the 
cultivators who were fed up with state planned cultivation schemes  

were forced to adopt three-crops a year scheme, causing hardship and 
economic downturn for both cultivators and the nation. Insufficiency 
of water added to the fact that inclement weather and unsuitability  
of crops to be cultivated on certain types of land are proving to be 
real deterrents to the country's agricultural development.

During BSPP's time although it was announced that apart from the  
quantity for one's own consumption and that needed as seed for the 
coming season only the quota fixed by the state need to be sold to the 
government but in actual fact the entire outturn had to be sold  to 
the state on the pretext that state procurement targets had not been 
fulfilled.

>From those who could not sell to government according to the quota  
earmarked the local authorities with the help of the armed forces and 
police forcefully confiscated the entire paddy including that for 
consumption and seed paddy. If even after such confiscation the quota 
was still not achieved, the defaulting cultivators were arrested and 
failed their rights to cultivate the land prohibited up to this day.

Under BSPP's rule, each farmer signed a bond to sell 12 baskets of  
paddy for every acre worked. Those cultivators, who could not fulfill 
their commitment due to diverse reasons had to forfeit the right to 
work the land, arrested or forced to stand for long periods under the 
scorching sun. As no food was provided by the authorities during 
arrest and detention families of these cultivators had to endure great 
hardship and anguish and travel from their villages to feed them. 
Imprisonment was also meted out.

In some parts of Irrawaddy Division, farmers who could not meet the 
required quota had to pay the market price in cash for the shortfall 
to the authorities. In some places flood prevented cultivation. There 
were some areas where crops failed all the three times they were  
cultivated. These cultivators not only wasted their efforts and 
suffered losses but also because of their ability to fulfill their 
quota were arrested by the hundreds.

In some localities the cultivators who could not sow the hot weather 
crop had to make payment at the rate of kyat 300 per acre to township 
and village authorities that lined their pockets with these fines. 
Those farmers who do not have ready cash had to pawn or sell their  
cattle, carts, houses, etc., to pay the fines. The poor cultivators 
had to face lots of difficulties.

Over 100 men and women cultivators from Syrium Township, Rangoon  
Division were prosecuted because they could not fulfill their quota. 
In Hmawbi Township cultivators who did not achieve 75 percent of the 
quota had to give kyat 300 to kyat 500 in addition to which they had 
to make up the difference at the rate of kyat 3 per basket of paddy. 
The reason given by those collecting the "levy" was that the money was 
to be used to come to an understanding with Land Records Department 
and Agricultural Department officials. Moreover, the farmlands of 
those who failed to provide the required quota were confiscated and 
transferred to those who were close to the  authorities. The original 

owners were therefore compelled to lease back these paddy lands farms 
the newly authorized farmers for sums ranging from kyat 3000 to kyat 
6000.

In Taungdwingyi Township, Magwe Division the township sugarcane  
purchasing committee sent a letter through village and township 
officials threatening sugarcane growers. The letter stated that 
sugarcane growers who failed to supply their produce would have their 
land confiscated and transferred to the army training unit and they 
themselves would have to proceed at their own expense to the Ann 
Valley Road building project and work there. This caused great alarm 
among sugarcane growers.

Paddy cultivation was a failure in 1996-97 in the Kanwe Kaboe tract, 
Pantanaw Township because the fields were flooded. However the 
cultivators were forced to sell paddy at the rate of 12 baskets per 
acre. Since the cultivators had no paddy to sell they had to settle 
the matter by paying the purchase centers kyat 26,000. Those who were 
unable to supply the paddy or cash in lieu were threatened with 
confiscation of their land.

The township authorities in Aunglan sent a letter to 71 infantry that 
it had been arranged to confiscated lands in the hands of farmers who 
failed to supply the allotted quota as stipulated the Land 
Naturalization Act 1963 and therefore if any armed personnel or 
welfare organizations formed for government servants wish to work 
those lands applications could be submitted.

About 300 farmers from 1. Gaungsu 2. Nagabo 3. Ywadangalay 4. PinHtwe 
Hnit 5. Tanaigyigon 6. Ohntabin 7. Inkabyin villages in Depayin 
township, Sagaing Division who objected to the gouts paddy purchase 
scheme marched to Depayin town 12 miles away shouting slogans and 
demonstrated along Monywa -Yeu road in the morning of 28 December 
1996. When they reached Kyakhat village, Byankya village and Kyinywa 
the demonstrators numbered nearly 1,500. Village situated along the 
route offered food and refreshments.

On reaching Kyinywa village bridge the authorities from Depayin town 
ordered demonstrators to proceed further otherwise they would be shot. 
At that point 5 women demonstrators surged ahead shouting, "there is 
no difference being shot to death and dying of hunger. Go ahead and 
shoot." The procession moved ahead and more residents from villages 
along the way 1. Kyakhat 2. Pyankya 3. Kyinywa 4. Payatut 5. Yin twe 
6. Lettee 7. Waba 8. Pinkegon villages joined the marchers 
making a total of 3,000 farmers from 15 villages.

The authorities in Depayin ordered the protesters to assemble in the 
town's play ground but the farmers refused saying they were going to 
march and demonstrate through the town which they did.
About 230 PM the Army Divisional Commander arrived and invited the 
protesters to come to Saya San Camp to discuss matters. 163 farmers 
met with the Divisional Commander. During the discussions 3 
representatives complained about the inhuman behavior of the members 
of the paddy purchase authorities and their underlings during 
the1995-96 season as well as rampant bribery, corruption and 
highhanded dealings of the authorities quoting several instances.


The representatives reported that in 1996-97 (a) destruction by pests 
and less yield due to insufficient rain late in the season (yield 
previous year 500 baskets paddy for every 10 acres and current year 
yield only 200 baskets) and when milled 100 baskets of paddy yielded 
30 baskets rice as a result of damage to crops by pests (b) obliged to 
pay land records office kyat 500 to kyat 1000 to get the officials to 
record the destruction and reduced yield © the Agricultural Department 
never supplies the necessary fertilizers and assistance but purchases 
of paddy at the rate of 12 baskets per acre (In actual fact they 
increased the quantity to 14 baskets per acre). Deduction of kyat 5 
per basket made as donation to township Administration fund (e) at the 
time of purchase of paddy last year soldiers were brought to the 
purchase centers and farmers who failed to fulfill their quotas were 
arrested, beaten, and the paddy confiscated. (Household goods were 
also taken away. Those arrested had to be redeemed by cash. Several 
villagers were beaten and needed medical treatment and 
a farmer's house were totally wrecked. (f) Rice mills in the area 
closed since 25 December 1996. (g) For the current year although the 
market price is kyat 350 per basket the purchase price at centers is 
only kyat 150 per basket.

The farmer's representatives presented their above mentioned 
complaints supported by facts and figures. Following the 
demonstrations by the cultivators the following people were arrested. 
: 12 farmers from Nagabo village, 13 from Pinswehnit village, 10 from 
Inbin village, 10 from Tanaipauktaw village, 1 from Ywadanleywa and 
some from other villages totalling about 50 farmers. 
Approximately another 40 farmers from Minswehnitywa were also 
arrested.

The authorities also threatened the villagers by declaring "If you 
don't want to supply the allotted quota we will send you to an 
uninhabitable place. Keep your carts ready. If you persist, come at 8 
o' clock. We will shoot you. Those who are prepared to supply the 
necessary quota can come at 8 o'clock in the morning and we will have 
discussions."

On 14 February 1997 the Minister of Trade come to Wanetkone village 
paddy purchase center in Hlegu Township and held discussions with the 
farmers. He told them "Paddy will be purchased at double last year's 
price so that cultivators do not suffer. The transactions must be fair 
and remissions of quota will be made in cases where the yield is 
affected xxxxx in order not to harm the interest of farmers special 
care will be made to only if the expected yield is achieved and not 
otherwise. The farmers assembled now will be able to present the 
difficulties facing them and to advise the state of paddy productions 
and yield."

The current year's paddy cultivation in the country has suffered due 
to infestation by pests causing deterioration in quality and quantity 
and this in turn resulted in late purchase of the produce. Meantime 
the farmers were being processed to repay the agricultural loans 
taken. The paddy taken for sale at purchase centers had to be brought 
back as the centers refused to buy because of inferior quality. Where 

farmers asked authorities to record the loss of yield and 
deterioration in quality they were just told them to fulfill their 
allotted quota.

The purchase center, on the other hand, had no one selling produce and 
they therefore kept on telling people to sell paddy at the centers. In 
many instances farmers who sold their paddy at the 
centers had to accept deductions from the purchase price on the 
grounds that the quality of the produced sold was below standard.

The purchase price fixed by the government for paddy belonging to the 
popular eimatch group was kyat 15000 per 100 baskets or kyat 150 per 
basket. However, the market price even at the start of the season in 
March/April was kyat 405 per basket. The cultivator therefore loses 
kyat 250 per basket selling to the state. A farmer working 10 acres 
must sell 120 baskets to the state according to quota and thus suffers 
a loss of kyat 30,000. This loss is directly attributable to lack of 
free trade.

Although the farmers want to cultivate their own land in peace they 
are unable to do so due to insecurity of land tenure, dander and 
threat of arrest/imprisonment, inability and lack of freedom to 
cultivate, store, mill, transport and sale and thus face great losses 
and difficulties. These cultivators have lost the right to till their 
own land.


4. The Right to Receive Agricultural Expenses in Full

Agricultural expenses are of utmost importance for cultivation work 
such as tilling, sowing, harvesting, etc., Such expenses involve cash 
payments. The farmers are always strapped for cash at the start of the 
cultivation season and this lack is the biggest hindrance to a smooth 
operation and prosperity.

It has been noticed that there is no uniformity in the disbursements 
of agricultural loans varying from district to district. Moreover, the 
authorities under one pretext or another deduct money from the 
insufficient loans given and the farmer ends up with a little more 
than half of the sanctioned month.
In Pegu Division, during 1996 in some areas loans were given at the 
rate of kyat 700 per acre but in some at kyat 1,000 per acre. Such 
loans were given to farmers who had fulfilled their commitment. 
Deductions of Kyat 100 per acre were made under orders from Township 
management authorities for purchase of some unnamed shares. It is 
learnt that these were refunded later under instructions from higher 
authorities when they came to know that the farmers expressed deep 
dissatisfaction.




5. Existing laws relating to cultivation and rights of cultivators

The laws and regulations enacted after independence are based on 
principles leading towards socialism in respect of land ownership and 
restricting free trade of agricultural products. In applying the Land 
Naturalization Act 1953 and bye-laws of 1954 pertaining thereto it was 
possible to achieve the grant of ownership and distribution of over 
3,300,000 acres of land only. Yet a cultivator was not permitted to 
decide on one's own to pawn sell, transfer or partition his allotted 
parcel.

Under section (9) and (10) of the agricultural lands Act 1953, 
landowners can transfer or partition their land only on receiving 

permission from the authorities. Under section (11) and (12) of the 
same act, they are not permitted to cease agricultural work, let the 
land lie fallow or lease the land to others. These are clear 
indications that cultivators do not really possess the land they own.

The Revolution Council promulgated (1) Tenancy Act 1963 (2) Bye Laws 
relating to Tenancy Act 1963 (3) Protecting the right of cultivators 
Act 1963 and (4) Tenancy Amendment Act 1965.

According to section (3) of the Tenancy Act 1963 the government by 
notification order any land to be leased to tenants and thus the state 
usurps the right of landowners to lease their land. Section (6) 
also stipulated that the state had the authority to issue regulations 
for the tenants working on the lands leased from the state. The 
cultivators who under the Land Naturalization Act 1953 possessed the 
right to own land became lessees under the new laws.

The State Law and Order Restoration Council, SLORC, has continued to 
exercise the same powers and the cultivators have not gained any 
relief from the state. The cultivators not only lost their basic 
rights but also suffered under the additional burdens imposed by 
SLORC.

Notification No. 4/78 dated 18 September 1978, stated that any failure 
to sow the allotted land with the earmarked crop to obtain optimum 
results, failure to sell the full quota at the stipulated 
price during a determined period would result in confiscation of the 
land. Presently such drastic powers are entrusted to village and 
township administration and the cultivators are compelled to follow 
their dictates without voicing any protest.

In the protection of the right of cultivation Act 1963 it was stated 
that the following were protected (1) agricultural land (2) cattle and 
ploughing implements (3) tractors and machinery (4) other 
implements whether animate or inanimate (5) prohibition from 
confiscation for any reason of agricultural produce and arrest of 
cultivators but at the same time it was stipulated that such 
protection will not apply in the case of (a) non-payment of dues owing 
to the state (b) disputes arising from inheritance cases © actions 
taken by the state for security reasons.

Cultivators are therefore in the position of "Given but not received." 
At the present moment village and township administrations are 
misusing the powers given under these regulations by arresting 
land workers, forcing them to stand under the scorching sun, canceling 
the right to work the land, prosecuting and jailing them.

According to existing laws dealing with grazing grounds near villages, 
these places have traditionally remained as pasture for the cattle 
nearby but now the village and township administrations in 
collusion with land records officials changed the designation from 
grazing land to agricultural land and either sold the cultivation 
rights or worked the land themselves and as a result there is no 
pasture for cattle which has created great difficulties for 
cultivators.

Every year about 3,000 to 5,000 acres of alluiral land are formed in 
riverine areas. There are rules and regulations how such land should 

be allocated. However, it is learnt that the village and township 
administrations ignored the regulations and allocated such land to 
relatives, people who offered bribes, veterans, or among the members 
of the administrative bodies. Some obtain over 50 acres, which they 
then sell at high prices to others. The real farmers are unable to do 
anything but just accept the situation.

6.Cultivators' Right to Own Land

Cultivators in Burma have always demanded the right to own the land 
they work on but the Revolutionary Government adopted the principle 
that only cultivators will be permitted to work the land. According to 
existing laws and regulations and methods adopted by respective 
administration bodies restrictions have always be imposed upon 
cultivators. The village and township administrators continue to 
revoke the right of cultivators to work their land citing one reason 
or another and then make use of such land for their own benefit and 
hence even the principle of "only bona fide cultivators possess the 
right to work the land" has disappeared into their air.

Cultivators have to renew their permit to cultivate annually and in 
this way have often lost their inherent right in doing so. It seems as 
though benefits from the market economy being practiced presently and 
the chance to develop individually do not apply to cultivators.

It is a far cry from the cultivators' ardent desire and constant 
demand to own the land one cultivates. It will only be possible to 
achieve the fair and noble objective of the majority of the population 
comprising of cultivators to own the land one cultivates if the policy 
outlined in page 17 of NLD's political objectives and methodology can 
implemented. Laws relating to agricultural matters must be framed to 
really guarantee the rights and privileges of the cultivators and only 
foundation laid for the development of the country.


7. The Current State of  Cultivators and NLD's Policy

(a)  To stop the confiscation of land from cultivators for one reason 
or another.
(b)  Such confiscated land to be returned to the original land 
workers.
(c)  To stop villages and cultivators being used as forced labor; to 
cease collecting money from those unable to work as laborers; to 
prohibit the forceful use of people as porters in military operations; 
to stop charging inexobtant fees if not willing to work as porters.
(d) To discontinue the practice of deducting sums of money under  
various guises from agricultural loans given to farmers.
(e) To permit cultivators to grow the type of crop they are conversant 
with based on the type of land worked with resultant benefits.
(f)  To provide sufficient fertilizers, pesticides, seed paddy, diesel 
oil, water.
(g)  To give timely and sufficient agricultural loans.
(h)  To cease using laws and regulations which do not benefit 
cultivators but to review, revise existing laws.
(i)  To allocate equitably in conformity with existing laws alluvial  
lands to qualified farm workers. 
(j)  To convert back as grazing ground land being used for 
agricultural purposes by village and     township administrations for 

their own benefit and ignoring existing regulations.
(k)  To protect existing grazing grounds.
(l)  To return to original agricultural workers land in excess of the 
acreage confiscated for various schemes or to make suitable 
arrangements to compensate the cultivators for their loss.


CONCLUSION

Burma is an agricultural country. Burma's economy depends on 
agricultural economy. The country's economic development is based 
agricultural development. It is essential that the cultivators enjoy 
physical and mental welfare with freedom to perform their role without 
restrictions in order to achieve progress in agriculture.

For the cultivators to enjoy the right to cultivate and trade freely 
and agriculture to develop by leaps and bounds it is of utmost 
importance for the government to adopt political and economic systems 
which will help in promoting the social and economic welfare of the  
farming community.

Agriculture is the largest economic factor for the country: the 
success of the existing market economy depends a great deal on the 
development of agriculture.

It will be impossible for the cultivators to achieve a satisfactory 
state of economic welfare in the absence of a political system framed 
to assist the cultivators and the agricultural sector. The country's  
entire economic framework will also be affected. Moreover, it will  
not be possible to build a truly democratic state. An economic 
structure in tune with the rest of the word will also be 
unattainable. Burma's future will fade away.

To prevent such an eventuality it is imperative to adopt measures to  
assist the cultivators and the agricultural sector to develop on a 
firm, sound footing.

To achieve this, the country must have a democratic system and the 
existing market economy must be in consonance with the agricultural 
sector, in addition to which the cultivators must participate 
wholeheartedly and thereby reap all the benefits attained.


Central Agricultural Organization
National League for Democracy

Dated 27 May 1997.












































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