A/HRC/42/CRP.5
harvesters and dryers to harvest 30 to 40,000 acres of rice paddies in Buthidaung and
Maungdaw Townships “because farmers and owners left their places”. 219
123. Rohingya-owned and cultivated land was also confiscated in areas of northern
Rakhine State where Rohingya remained. Rohingya farmers living in Ah Lel Chaung in
Buthidaung described the situation as becoming increasingly difficult from around October
2017, when security forces began harvesting Rohingya fields to the west of the village and
took the crops away in trucks.220 According to the Rakhine State Minister of Agriculture,
Livestock, Forestry and Mining, the UEHRD oversaw the harvesting and sale of 45,000
acres of “ownerless Bengali land” in northern Rakhine State. 221 A Rakhine State lawmaker
was quoted as saying that farmland formerly owned and cultivated by Rohingya would be
leased out to local ethnic [Rakhine] farmers and private rice-growing companies.222
124. Recent amendments to the Vacant, Fallow and Virgin Lands Managament Act (VFV
Law)223 increase greatly the insecurity of tenure Rohingya people have over the land they
own and farm. Under the VFV Law as amended, anyone living on land categorized as
“vacant, fallow, or virgin” must apply for a permit to continue using it. Failure to do this
can result in harsh criminal sanctions, including imprisonment and fines.224 In May 2019,
the Government announced that it would confiscate 19,000 acres (7,689 hectares) of land
for not complying with the law.225 According to government estimates, “vacant, fallow or
virgin” land totals more than 20 million hectares, 30 per cent of Myanmar’s land area.
Seventy-five percent of this land is located in Myanmar’s most ethnically diverse states, as
a result of the Government’s failure to recognize the ethnic groups’ traditional and informal
documentation of land ownership.226 Rakhine State has one of the highest proportions of
land categorized as “vacant, fallow or virgin”, amounting to 42 per cent of its land area. 227
Under the VFV Law, Rohingya cannot apply for permits for their land as they are not
recognized as members of a “national race”. This could result in the confiscation of the land
owned by nearly one million forcibly displaced and deported Rohingya.
125. In 2019, seven Special Procedures mandate holders of the UN Human Rights
Council expressed serious concerns that the law could result in the dispossession of land
without adequate notice, loss of livelihoods and adequate food and that it could drive
people into poverty.228 Combined with the Government’s other land access restrictions, the
law will have a disproportionate impact on Rohingya.
219
220
221
222
223
224
225
226
227
228
38
Thai Biz, “Myanmar Rice Federation and Myanmar Agribusiness Public Cooperation made efforts to
develop the agriculture sector in northern Rakhine State”, 31 October 2017, available from
http://www.thaibizmyanmar.com/en/news/detail.php?ID=818.
V-371.
Consult-Myanmar, “UEHRD says Rakhine harvest will be returned to owners”, 16 November 2017,
The Irrawaddy, “Rakhine Govt Undecided on How to Use Farmland Abandoned by Rohingya
Refugees”, 31 May 2018.
Myanmar Library, Pyidaungsu Hluttaw Law No. 10/2012 - Vacant, Fallow and Virgin Land
Management Act. For additional discussion of this law in the context of noethern Myanmar see
Displacement, Livelihoods and Land.
Burma Library, Government of the Union of Myanmar Vacant, Fallow and Virgin Lands
Management Central Committee, 30 October 2018.
The Republic of Union of Myanmar, Ministry of Information, Over 19,000 acres of vacant, fallow,
virgin land to be confiscated, available from
https://www.moi.gov.mm/moi:eng/?q=news/24/05/2019/id-17794
Myanmar Library, Pyidaungsu Hluttaw Law No. 10/2012 - Vacant, Fallow and Virgin Land
Management Act.
News Deeply, “Land Confiscation Is Latest Barrier to Return for Myanmar’s Displaced”, 15 March
2019.
The Special Rapporteur on the situation of human rights in Myanmar; the Special Rapporteur on the
right to food; the Special Rapporteur on the rights of indigenous peoples; the Special Rapporteur on
adequate housing as a component of the right to an adequate standard of living, and on the right to
non-discrimination in this context; the Special Rapporteur on the human rights of internally displaced
persons; the Special Rapporteur on minority issues and the Special Rapporteur on extreme poverty
and human rights. MMR 5/2018, available from
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24275,
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