SHARE MERCY
No. 43, 1st Floor, 7thStreet, 2nd Ward, Lamadaw Township, Yangon, Myanmar
Tel: (95) 09-7316-1510, (95) 09-420-119-420, (95) 09-7320-5924, Email: sharemercy@gmail.com
"Legal Intensive Knowledge and Experience Support" Training Report (Draft)
Narrative Overview
Training Participants
Not more than (40) Representatives as well as the Land Problems Resolving Support Committee
Members from six different districts in Pathein Regional Government, including observers; peasants
whose land were concessed joined the six days training; which includes two parts; first part was
from 16-18 Nov 2014 at Regional City Hall and second part of the training was from 27-29 Nov 2014
in Phyu Sin Myitta Training Hall, Pathein City, Pathein Region, Ayeyawaddy.
Intensive Training Methodology and Learning Materials
Trainees were highly interactively participating in the process of brain-storming, cases
buildings, and solving the Land Concession Cases currently arising in Ayeyawaddy which were
submitted to the “Land Problems Resolving Support Committee” by the peasants for solving.
Altogether 18 cases of five different forms of land concessions were solved by the trainees during
the training out of (80) cases and complaint letters.
By learning so during the training, organizers believed that trainees could gain the practical
knowledge of coping with the land concessions cases, ways to solve the Land and Land
related disputes, and received the valuable guidelines and comments, professional advices in
solving the cases in advance. Those could be valuable inputs for the committee members which are
very note-worthy; as they have already synthesized, analyzed, suggested the cases for the regional
government in the training as group works.
Throughout the training, tools mainly used were Moot Court, Tribunal, Debating thus it
enlightened the trainees that they are supposed to understand the law thoroughly so that it would be
great assistance to them and survive.
Trainers, Facilitators, Funders and Organizers
U Han Shin Win (Legal Advocate), U Myint Thwin (Legal Advocate) and U Phoe Phyu (Lawyer)
provided the guidelines and legal knowledge throughout the training and they were facilitated by
Wayan Tin Maung Win and Ni Ni Than from Share Mercy Myanmar NGO. Training was jointly
organized by Land Problems Resolving Support Committee, Share Mercy Myanmar NGO. The six
day training was funded by Global Witness (UK), Myitta Resource Foundation (MRF), Tampadipa
Institute and Land Core Group (LCG).
Achievements
Share Mercy Myanmar NGO (Vice President- Daw Ni Ni Than) and U Aung Moe Win (Chairman of
Land Problems Resolving Support Committee) could talk to the media by phone, The Farmer and
Doh Taung Thu, San Daw Chain (Standard Time), VOA (TV News), RFA about the training. Media
confirmed that they will be published on the printing media to make sure that positive engagement
made between CSO and Regional Government can be very good example for other region in
Written by Ni Ni Than, Share Mercy
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response to Land Concessions. Lawyer U Phoe Phyu was also interviewed by VOA/RFA on the
same theme.
Results
Not more than 40 trainees were provided the legal knowledge particularly as shown below:
First day of the training: Understanding five types of Land Concessions, Procedures of the Vacant
Land Administration Committee, Criteria to be considered in time of case filing, recording the case,
Solving Land Disputes Arising out of Land Management Committee.
Second day of the training:
Third Day of the Training, understanding procedures to follow when returning the land to the
original owners, Committee’s Orders and Instructions, Characteristics of an officially acceptable
case and practical coping with the cases and solving, highlighting from the legal point of view,
analyzing, weak and strong points of the case and presenting and commenting by the trainees and
legal experts, Understanding Civil Code and Penal Law.
Forth Day of the Training: Practical Solving of the Cases, type of case, Intra-Communal
Disputes; Understanding Tax Slip, Court Documents, understanding the Map (105) in general
and details explanations, symbols of the map, solving U Win Kyaw Vs U Myo Kyaw case in
details whose deadline 2 PM, 28 Nov 2014.
Fifth Day of the Training: Understanding factors to be considered in time of accepting the case,
hearing by the jury members, community members, Land Concessed Companies, Peasants
whose land was concessed by the Company by mean of having tribunal. Similarly, Solving the land
concession cases for Fisheries, and Livestock Industries by mean of tribunal was also learned.
18 Cases were built by the trainees as they gained the knowledge of key characteristics of Legal
Strong Cases.
Six day of the training: Sharing of the Policy related experiences, and suggestions by legal experts
in dealing with the Land Disputes, Debating on solving land concession for National Program:
Pantanaw Urbanization Programme, Distribution of the confiscated Land to the non-original owners,
intra-communal land disputes, the ways to best solve the land disputes.
Kyeik latt (Ko Win Kyaw) case is one of the very urgent cases out of 80 cases and complaint
letters submitted by the delta residents across six districts. Kyeik Latt Township Judge accepted the
appeal for Ko win Kyaw case though it was one day behind the deadline to appeal due to the willful
and remarkable assistance by the Share Mercy Legal Consultant U Han Shin Win, legal advocate.
For Nyaung Done Township, Ma-U-Bin District, 39 Villages Vs Dr.Than Htut Case where one of
the trainees as well as the Secretary of the Land Problems Resolving Support Committee could
make a deal possible for 39 peasants families Vs Dr.Than Htut Case.
Ko Maung Maung Tar, the trainee discussed about the issues with Regional Irrigation and
Agriculture Department Head U Htin Kyaw, as well as District and Towship Level Officers for solving
the issue as it involves more than 200 communities’ members from his township. Regional Irrigation
and Agriculture Department Head, U Htin Kyaw was planning to sue the 39 peasants including
anyone who are involving in this case, our trainee was seriously warned on the arrival to high
officer.
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However, after Ko Maung Maung Tar’s counter attacked by explaining about the Vacant Land Law
to the high officer, where he heighted that Dr.Than Htut had not been working for this land for more
than four years that this land will automatically be the state own. Due to this, local communities’
members of 39 families did the farming, working on less than 200 acre of land out of one thousand
acre of land; the remaining acre can still be working by Dr.Than Htut if he wished. After knowing the
Vacant Land Law, High Officer got the second thought and agreed with Ko Maung Maung Tar to
negotiate for the interests and livelihood of the local people, officer declared.
18 cases were synthesized, analyzed, suggested, received legal recommendations from the
legal advocates for the regional government to solve the issues.
18 cases were commented by Legal Advocates and Trainees’ also highlighted the weaknesses
and strengths of the cases
Trainees gained confidence to solve the problems or giving suggestions and guidelines to the
regional government thought they had no clue or ways to deal with the case filing and building and
solving at the beginning or at the very first day of the training. After having training, solving 18
cases, trainees came to have a clear picture in their mind about their roles and tasks to do. They
are very positive that they can do the job successfully.
Communication, Networking, Coordination
Formation of the Lawyer team for legal guidelines and suggestions was done by the leadership of
Legal Advocate U Han Shin Win, Lawyer U Zaw Zaw Htike, and another Lawyer, with the support of
“Land Problems Resolving Support Committee”. Three of the legal practitioners committed that they
will be working very closely with the committee and keep on supporting the committee for one year
period for helping out the difficult situations voluntarily.
Media Campaigning: Share Mercy Myanmar NGO could propose and accepted by Lawyer U Phoe
Phyu to keep the news corner available for “Land Problems Resolving Support Committee” activities
on the journal that they are going to publish very soon. The success and failure stories will be
published, as well as cooperation with the regional government, interview with the Prime Minister,
Ayeyawaddy, and meeting with Members of Parliament Members will be highlighted, Small
Peasants Voices will be reached to the Big Ears and do the media campaigning for the remaining
time of the existing government.
Share Mercy could discuss with U Zaw Min Htet, who is currently Paung-Ku Mentor, not only one of
the advisors of “Land Problems Resolving Support Committee” but also had 15 years working
experience as Deputy Officer at Land Records and Registration Department, Bogale, Ayeyawaddy
to know Dos and Don’ts of in dealing with this department and important highlights in solving
the land confiscations. His sessions gained high interest as all the information were new to the
trainees as well as the Legal Advocate U Han Shin Win and U Phoe Phyu as the knowledge he is
sharing is very much vital for the issues they are dealing. Having Ko Zaw Min Htet for this intensive
training is “Valuable Asset” for all of us, he will do similar training on request for one of the law firms.
Meeting with Prime Minister: Share Mercy Myanmar NGO Legal Consultant could meet the Prime
Minister for solving the land related issues and cooperation between Ayeyawaddy Regional
Government and Land Problems Solving and Support Committee.
Issues and Issue Management
Share Mercy Legal Consultant U Han Shin Win, and SM team members had many sleepless
nights as intensive training called for a lot of consultations with beneficiary team and
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preparation: Land Problems Solving Support Committee before hand the training days and during
the training days.
Training was designed in advance and redesigned again till the training night as all the partners
wanted to suit the practical needs by the Land Problems Solving Support Committee Members as
well as the Legal Experts.
Understanding and good-will towards the undergoing process, and strong cooperation
among the Legal Experts, CSO, and Share Mercy help overcome the difficulties. As a result, three
of the different groups become closer and have higher motivation to work closely in the future too.
Though Share Mercy wanted to inform about the Public Consultation on Land Use Policy but as
Share Mercy and her partner, Land Problems Solving Support Committee is fully occupied with
Intensive Training for "Legal Intensive Knowledge and Experience Support” that finally Share
Mercy had to decide to let Public Consultation go but arrange the sharing session by taking the
opportunity of the present of Legal Advocate, U Myint Thwin, to 36 trainees on 28 Nov 2014. By
doing so, SM hopes that they could be able to multiply this information to the community members
and proper actions could be considered in timely manners.
Gaps and Support Needed
Share Mercy did only the intensive training with the available budget from four donors, but after final
day of the training, at the special request of highest officer in the region, Land Problems Resolving
Support Committee chairman and his team went to Mawlamaying Gyun where more than one
thousand peasants (families members) were sued most commonly with 427, 447 for more than 400
sue cases as they did the “Ploughing-Strike” on their previous farmland.
Land Problems Resolving Support Committee studied the problems and found that things can be
sorted out and request for possible assistance for the people involved in the cases. Out of those
cases, team believeed that around 20 cases can be appealed at the court so that it will not be
filed to the court. For twenty cases, to do the necessity for documentation, and appealing will
cost about 300,000 Kyat (Myanmar Currency). Those who can assist with this financial matter
are welcome to SM and LPRSC.
Monthly Expense for the Local Lawyer who will be based in Mawlamyainggyun Township, for
solving 400 sued cases there, he/she will be working under the guideline of Saya U Han Shin Win
who is working voluntarily.
After receiving the intensive training Land Problems Resolving Support Committee will be doing
monthly or bi-weekly meeting based on the urgency of the issues being solved. On this
meeting day, presence of Legal Expert is essential, if there is support for this expert traveling
(Highway), (Local), and meal costs for the expert will be great assistance for the committee.
Plan for the future
Conducting Para-Legal Training
We needed to publish the newsletters: it was taken cared by Lawyer U Phoe Phyu that we don’t need to
think anything in response to this one.
We have to revitalize the Land Campaign Task Force in such a way that small land campaign voices can
be reaching to the big ears and will be receiving proper actions like Ayeyawaddy Region in other part of
Myanmar.
Written by Ni Ni Than, Share Mercy
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Annex
Intensive Training Photos
Group Exercises on Case Buildings
Group Exercises for Case Management
Feedbacks towards the training and its Evaluation
“I am zero with Legal Knowledge, just helping the peasants as they have to suffer extraordinary in the
community. The knowledge I gained by joining the six days training is really amazing , much applicable to the
practical land problems and disputes solving, and much supportive. I gained much practical knowledge by
directly applying on Ko Win Kyaw Case whose deadline to appeal is one day behind. Sir, U Han Shin Win
helped out Ko Win Kyaw professionally with personal special efforts. Legal Advocate U Han Shin Win made
things possible to appeal by taking an oath. I highly appreciate Sir, U Han Shin Win, not only teaching,
coaching, guiding, but also teaching practically at the court. Let me join future training that Share Mercy will do
in the future too. “ (Daw Than Than Swe, Committee Member, Trainee, Kyeik-Latt Township, 53 Years,
Married Women with three children).
“This time, we have done the right thing, I feel quite confident with the trainees’ solving problems (committee
members), they know how to read the case, case filing, documents to check, get and look for, I can say that
they can be able to solve the problems (Land Disputes), they can lead the government officers in term of legal
knowledge and problem solving. Good job! (U Aung Moe Win, 55 Years, Chairman of Land Problems
Solving Support Committee, Ayeyawaddy).
I have never seen such a thoroughly prepared and perfectly designed from every perspective training so far,
in my experience with NGOs. You did a great job; your beneficiaries are enjoying your perfect arrangements.
You are quite special, impressive task you are doing for delta community, well done. (U Phoe Phyu, Lawyar,
34 Years).
Schedule of the Training is very draft as it has been changed time by time.
AGENDA FOR SIX DAYS INTENSIVE TRAINING
FROM 1ST OCT 2014 TO 17TH OCT 2014,
AYARWADDY REGION, MYANMAR
Written by Ni Ni Than, Share Mercy
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Sr.
1
Resource Person
U. Wayan
Qty
1
2
3
D. Ni Ni Than
U. Myint Thwin
1
1
4
U. Myint Thwin
2
5
U. Myint Thwin
3
6
U. Myint Thwin
4
7
U. Han Shin Win
1
8
U. Han Shin Win
2
9
U. Han Shin Win,
U. Phoe Phyu
2.5
0.5
9
U. Han Shin Win,
U. Phoe Phyu
3.0
1.0
10
U. Phoe Phyu
2
11
U. Phoe Phyu
3
12
U. Myint Thwin
5
13
U. Myint Thwin
6
14
U. Myint Thwin
7
15
U. Myint Thwin
8
Laws & By-laws for Peasants: Acts for Village
Tract Administrators Manuals
16
U. Myint Thwin
9
Laws & By-laws for Peasants: Police Access Laws
U. Han Shin Win,
U. Phoe Phyu
U. Han Shin Win,
U. Phoe Phyu
U. Han Shin Win,
U. Phoe Phyu
U. Han Shin Win,
U. Phoe Phyu
3.5
3.5
4
4
4.5
4.5
5
5
Case
Exercises: 6 Cases
Analysis, and
Recommendations _ Group Work
Case Exercises:
(3 Groups) Presentation &
Discussions
Case Exercises:
(3 Groups) Presentation &
Discussions
17
18
19
20
21
22
23
24
Theme of Facilitation
JD of Central Committee for Management of Arable
Vacant, Fallow, Virgin Lands
Learning on Types of Land Concession
1894 Land Acquisition Act: Acts that must exercise
when Land is Confiscated
1953 Famland Nationalization Acts: Acts that must
exercise when Land is Confiscated
1963 Famland Leaseholding Acts: Acts that must
exercise when Land is Confiscated
1963 Famers Interest Protection Laws: Acts that
must exercise when Land is Confiscated
Resolving Disputes of Lands (Order of Central
Land Committee, Procedures to Exercising Lands
Returned)
Facilitation on Case Study: Comparative Study on
Exercising Land Concession between Legal
Framework and Actions of Land Administration
Committees
Case Study Representation (Group 1, 2 and 3):
Comparative Study on Exercising Land Concession
between Legal Framework and Actions of Land
Administration Committees
Case Study Representation (Group 1, 2 and 3):
Comparative Study on Exercising Land Concession
between Legal Framework and Actions of Land
Administration Committees
Laws & By-laws for Peasants: Penal Codes & Civil
Laws
Laws & By-laws for Peasants: Penal Codes & Civil
Laws
Laws & By-laws for Peasants: Acts for Contracts &
Timeline
Laws & By-laws for Peasants: Acts for Contracts &
Timeline
Laws & By-laws for Peasants: Towns Act
Closing Remark & Advices
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Date & Timing
16-Oct-14,
11:00-12:15
13:30-15:00
16-Oct-14
15:20-17:05
17-Oct-14
9:15-10:15
17-Oct-14
10:35-12:05
17-Oct-14
13:30-15:00
17-Oct-14
15:30-17:15
18-Oct-14
15:30-17:15
18-Oct-14
11:05-12:10
18-Oct-14
13:15-14:00
18-Oct-14
14:40-16:10
18-Oct-14
16:20-17:20
27-Oct-14
10:00-11:00
27-Oct-14
11:20-12:20
27-Oct-14
13:35-15:05
27-Oct-14
15:25-17:00
28-Oct-14
9:15-10:45
29-Oct-14
10:50-12:00
29-Oct-14
13:20-14:00
29-Oct-14
14:35-15:35
29-Oct-14
15:35-16:35
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Written by Ni Ni Than, Share Mercy
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