ULA/AA Itself Violating Its Own Land Acquisition Law

Border News Agency
Mrauk-U, August 28.

Although the United League of Arakan/Arakan Army (ULA/AA) has officially announced that it will acquire land in Paung Doke Village, Mrauk-U Township, under the 1894 Land Acquisition Act, the ULA/AA is allegedly violating provisions of the law by failing to follow the procedures stipulated under the Act.

Regarding the land issue, the ULA/AA has stated that it is handling the matter in accordance with the 1894 Land Acquisition Act.

However, instead of following the required procedures step by step, the ULA/AA reportedly set compensation at 1.8 million kyats per acre from the time the land survey was announced, effectively bypassing the compensation process.

Because the amount was many times lower than the prevailing market price, the landowners refused to accept the compensation of 1.8 million kyats per acre.

The 1894 Land Acquisition Act specifies a series of procedures, including land surveying, inviting objections, reviewing the objections, issuing a land acquisition order, and determining compensation.

Under the 1894 Land Acquisition Act, compensation is not limited to the current market value of the land. It is calculated by combining the market value, all resulting losses and damages, and an additional 15 percent solatium. The Collector, or district administrative officer, is responsible for conducting an assessment and making a decision.

If the person whose land is acquired is dissatisfied with the Collector’s decision, the Collector is required to inform the affected landowner of their right to apply to a court for the amount of compensation they believe they are entitled to.

After receiving such notice, the affected landowners can submit an application to the Collector requesting that the compensation matter be referred to the court.

The Collector must then refer the case to the court and appear before the court either personally or through a representative.

In the Paung Doke Village land acquisition case in Mrauk-U Township, the landowners have already formally submitted objections, stating that the compensation determined by the Collector is far below the prevailing market value.

Therefore, the Collector is required to implement the landowners’ right to apply to the court.

However, instead of implementing this process, reportedly attempting to avoid paying compensation based on the prevailing market value, ULA/AA personnel have installed boundary posts on the land to be acquired and allegedly intimidated landowners by deploying armed security forces.

Such actions seriously undermine the rule of law of the Arakha People’s Revolutionary Government and the institutional strength and credibility of the United League of Arakan (ULA).

Local residents also confirmed that Arakan Army (AA) soldiers have forcibly detained civilians, including workers, Rakhine drivers, and Muslim landowners, while the original landowners were carrying out cleaning work on their land.

U Kyaw Zan, Secretary of the Central Land Management Committee of the United League of Arakan (ULA), said that the committee is basing its land acquisition activities on the 1894 Land Acquisition Act and selecting and applying what it considers to be the most appropriate methods.

He also urged the public to accept the hardships they are currently experiencing as a temporary sacrifice if they will ultimately benefit future generations, calling on people to make sacrifices for the long-term future.

Following an interview with U Kyaw Zan, Secretary of the ULA Central Land Management Committee, additional boundary posts were reportedly installed on land in Paung Doke Village, accompanied by a show of force.

In addition, while compensation based on the prevailing market value required under the 1894 Land Acquisition Act has reportedly not yet been paid, landowners are allegedly being threatened and pressured. Hundreds of acres of shrimp farms in Mye Bon Township have also reportedly been forcibly seized under the leadership of U Aung Thar Win, head of the Department of Law Enforcement and Public Security (DLEPS), who is related to General Tun Myat Naing, Commander-in-Chief of the Arakan Army, as his uncle. Armed personnel have reportedly been stationed on the seized land.

In AA-controlled areas, the ULA Central Land Management Committee is chaired by Brigadier General Kyaw Han, with U Kyaw Zan serving as Secretary. Former Arakan National Party (ANP) Amyotha Hluttaw representative for Pauktaw Township U Tet Tun Aung, along with U Maung Oo Kyaw, U Tha Tun Shwe, and others, are serving as committee members.

Landowners also confirmed that there are cases in Kyauktaw Township where public land along the Kyauktaw–Mrauk-U road has been fenced off and seized on the verbal order of Colonel Min Khant of the AA Intelligence Department, without formally notifying the landowners.

In addition, Arakha residents say that in AA-controlled areas, the ULA/AA has forcibly acquired public land without notifying or consulting the original landowners or providing compensation.

International human rights observers have reportedly warned that such forced land acquisitions not only violate the land acquisition laws that the ULA/AA itself claims to follow, but also contravene international land policies.

They have assessed that this could lead to declining international assistance and support for the ULA/AA and potentially expose it to sanctions and other punitive measures.

Rohingya rights activists have also said that the ULA/AA’s development and use of former Rohingya village sites in the Maungdaw area, which are subject to provisional measures ordered by the International Court of Justice (ICJ), could violate international law and destroy evidence related to allegations of genocide, potentially exposing those responsible to prosecution under international law.

The Arakha public has endured land confiscations under successive previous governments, and residents say they now fear that they will continue to suffer similar land seizures under the Arakha People’s Revolutionary Government.

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