One cannot step into
the same river twice:
making the Kaladan
Project people-centred
a report by the Kaladan Movement
One cannot step into
the same river twice:
making the Kaladan
Project people-centred
June, 2013
www.kaladanmovement.org
Front (clockwise from upper left): Farmers engage in riverside cultivation; woman preparing tobacco leaves
for transportation on the Kaladan River; fishing with a hand-net; local residents depend on water from the
Kaladan River for household use such as drinking and washing
Back: Fishing boats set-off near Paletwa Town
Design & Printing: Wanida Press, Thailand
One cannot step into the same river twice:
making the Kaladan Project people-centred
2
Table of Contents
Executive Summary ..............................................................................................
Recommendations ................................................................................................
The Kaladan Movement ........................................................................................
4
6
8
Part 1: Introduction to the Kaladan Multi-Modal Transit Transport Project ....
1.1 Specifications of the Kaladan Multi-Modal Transit Transport Project ..
1.2 Context of the Kaladan Project: India-Burma relations .......................
1.3 Economies of Mizoram, Arakan, and Chin States ..............................
1.4 The natural environment in the Kaladan Project area ........................
9
14
20
24
27
Part 2: Potential Impacts of the Kaladan Project ...............................................
2.1 Potential beneficial impacts of the Kaladan Project ............................
2.2 Potential negative impacts of the Kaladan project ..............................
28
28
29
Part 3: Current Impacts of the Kaladan Project .................................................
3.1 Lack of consultation ...........................................................................
3.2 Lack of information provided to the community and
lack of government transparency ........................................................
3.3 Lack of comprehensive and public Environmental,
Health and Social Impact Assessments .............................................
3.4 Labour discrimination ..........................................................................
3.5 Land confiscation and forced eviction ................................................
3.6 Destruction of local cultural heritage ...................................................
3.7 Riverine ecological destruction from aggregate mining
and dredging .......................................................................................
38
38
Conclusion .............................................................................................................
Endnotes ................................................................................................................
K a l a d a n
M o v e m e n t
39
41
42
44
46
48
49
50
One cannot step into the same river twice:
making the Kaladan Project people-centred
3
Figures
Figure 1 -
Kaladan Multi-Modal Transit Transport Project: the 4 Phases
of construction .....................................................................................
10
Figure 2 -
Population along the Kaladan Project route by Township/District .......
11
Figure 3 -
Key Players Implementing the Kaladan Project ..................................
12
Figure 4 -
Construction of a deepsea port and trans-shipment terminal
at Site-tway, Arakan State ...................................................................
15
Figure 5 -
Satellite imagery showing progress of Site-tway Port land reclamation
17
Figure 6 -
Phase 4 highway construction in Lawngtlai District, Mizoram State....
20
Figure 7 -
Map of infrastructure along India-Burma border. .................................
22
Figure 8 -
Political cartoonist Harn Lay addresses the Kaladan Project ..............
23
Figure 9 -
Livelihoods along the Kaladan River ..................................................
26
Figure 10 - Local residents engage in a variety of economic activities along
the Kaladan River ................................................................................
29
Figure 11 - Survey results show Paletwa residents concerned about
negative impacts from Kaladan Project ...............................................
31
Figure 12 - Agriculture and fishing are the main livelihoods along the
Kaladan River ......................................................................................
33
Figure 13 - Map of Burma Army Camps in Paletwa Township, Chin State ............
33
Figure 14 - Location of protected areas along the Kaladan project route,
as well as other areas of high biodiversity ..........................................
36
Figure 15 - Burma government pamphlet on the Kaladan Project .........................
39
Figure 16 - Workers strike at ESSAR office in Site-tway, Arakan State .................
43
Figure 17 - Planned location of port and starting point of Phase 3 highway
at Paletwa Town, Chin State................................................................
44
Figure 18 - Arakan Historical Heritage being destroyed for the Kaladan Project...
47
Figure 19 - The construction of the Site-tway Port has altered the
harbour environment ...........................................................................
47
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
4
Executive Summary
The Kaladan Multi-Modal Transit Transport Project (hereafter “Kaladan Project”) will see
the construction of a combined inland waterway and highway transportation system
connecting Mizoram State in Northeast India with a Bay of Bengal deepsea port at Sitetway, Arakan State in Western Burma. The Indian government is entirely financing the
Kaladan Project, and these funds are officially classified as development aid to Burma.
Once completed, the infrastructure will belong to the Burma government, but the project
is unquestionably designed to achieve India’s economic and geostrategic interests. The
Kaladan Project - conceived in 2003, formalized in 2008 and slated for completion in 2015 - is
a cornerstone of India’s “Look East Policy” aimed at expanding Indian economic and
political influence in Southeast and East Asia. The Kaladan Project is being developed in
Arakan and Chin States - Burma’s least-developed and most poverty-prone states - where
improved infrastructure is badly needed. Yet it remains an open question whether the
Kaladan Project will be implemented in a way that ensures the people living along the
project route are the main beneficiaries of this large-scale infrastructure development.
This report from the Kaladan Movement provides an update on the progress of the Kaladan
Project; assesses the potential Project-related benefits and negative impacts for people
living in the project area; provides an overview of the current on-the-ground impacts,
focusing on the hopes and concerns of the local people; and makes a series of
recommendations to the Burma and India governments.
The Kaladan Project has the potential to provide a number of benefits for local people,
such as:
•
•
•
•
•
improved transportation infrastructure
increased trade opportunities for local farmers and producers
lower food prices and improved access to food
employment opportunities on project construction and maintenance
economic development for local small and medium sized enterprises
The Kaladan Project also has the potential to bring a number of negative impacts to local
communities, such as:
•
•
•
•
•
•
•
•
K a l a d a n
the use of forced labour during project construction
land confiscation and forced eviction
disruption of and loss of livelihoods
increased presence of Burma Army troops
restrictions on freedom of movement and access to transportation
illegal taxation and extortion
pollution and environmental degradation
violations of indigenous peoples’ rights
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
5
This report is based on the findings from field research conducted by the Arakan Rivers
Network in Arakan State, the Chin Human Rights Organization in Chin State, and the Zo
Indigenous Forum in Mizoram State. Kaladan Movement field research includes baseline
survey research and information collected from locally-based key informants. This field
research is supported by analysis of official documents and media reports related to the
Kaladan Project. The report also highlights relevant Burmese and Indian laws, and
international human rights and environmental legislation, in assessing the Kaladan Project’s
current and potential impacts.
Whether the Kaladan Project provides a net benefit or a net loss to local people depends
on the way in which the Project is implemented. The Kaladan Movement urges the project
implementers to be pro-active in identifying potential negative impacts before they happen.
In this light, the report examines the current impacts in the project area at this early stage
of project implementation. It focuses on highlighting problematic impacts and proposing
sensible practices and policies to prevent and mitigate these impacts in the future.
To date, six major negative impacts have been experienced by people living along the
Kaladan Project route:
1.
2.
3.
4.
5.
6.
lack of consultation
lack of information and transparency
labour discrimination
land confiscation and forced relocation
threats to local cultural heritage
ecological destruction
The Kaladan Movement believes that the people living along the route of the Kaladan
Project should be the main beneficiaries of this large-scale infrastructure development.
Under no circumstances is it acceptable for human rights violations to be perpetrated
during the implementation of the Project. The implementation of the Kaladan Project
should be fully transparent, and should ensure full local public consultation and participation;
the benefits of the project go to the least advantaged communities; and accountability for
ALL stakeholders involved in the project. Unless and until these essential elements are
fulfilled, the Kaladan Project should be suspended.
The Kaladan Movement recommendations to the governments of India and Burma:
1. Conduct fully-participatory consultations with local people
2. Prevent human rights abuses
3. Conduct Health, Environmental and Social Impact Assessments and make results
public
4. Identify and develop a mitigation plan for potential negative health, environmental,
social and economic impacts
5. Prioritize economic development for local residents
6. Prioritize employment opportunities for local residents
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
6
Recommendations
Kaladan Movement recommendations to the Burma government
1. Conduct fully-participatory consultations with local people: the government of
Burma must conduct community consultations along the proposed project route, and
further ensure that the concerns and demands of the local people are meaningfully
taken into account during project implementation. This should include taking all
necessary steps to ensure that the project has the free, prior and informed consent of
those living directly in the project area, that alternative options are explored, and that
a transparent remedy process for those with project-related grievances is established.
2. Prevent human rights abuses: the government of Burma must be proactive in ensuring
that no human rights abuses occur in connection with the Kaladan Project. This should
include human rights due diligence for all elements of the project, and cooperating with
the ILO to hold workshops on forced labour and its prevention for all stakeholders
(including Indian companies and all project sub-contractors).
3. Conduct Health, Environmental and Social Impact Assessments and make results
public: the government of Burma must ensure that comprehensive third-party Health,
Environmental and Social Impact Assessments are conducted for all Phases of the
Kaladan Project. Further, the name, qualifications and methodology employed by the
firms conducting the impact assessments must be made public, and the findings must
be widely distributed in the project area in local languages as appropriate.
4. Identify and develop a mitigation plan for potential negative health, environmental,
social and economic impacts: the government of Burma must be proactive in
identifying - through public consultations and third-party Health, Environmental and
Social Impact Assessments - and developing policies to mitigate potential negative
health, environmental, social and economic impacts that may result from the Kaladan
Project. These policies must be widely publicized at the local level.
5. Prioritize economic development for local residents: the government of Burma
must conduct an Economic Impact Analysis for the Kaladan Project, and based on the
findings provide economic development assistance to local communities to ensure that
they have the capacity to benefit from new opportunities that may come with the Kaladan
Project. These measures should include the provision of low-interest agriculture
extension credit, small business loans, and assistance accessing markets in India and
other parts of Burma.
6. Prioritize employment opportunities for local residents: the government of Burma
must ensure that local people have access to employment opportunities related to the
Kaladan Project. This should include developing quotas on the number of local workers
hired during the construction phase, and government-led training programs to ensure
that local workers have the skills needed to enter operation and maintenance positions
in the future.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
7
Kaladan Movement recommendations to the Indian government
1. Conduct fully-participatory consultations with local people: the government of
India must conduct community consultations along the proposed project route, and
further ensure that the concerns and demands of the local people are meaningfully
taken into account during project implementation. This should include taking all
necessary steps to ensure that the project has the free, prior and informed consent of
those living directly in the project area, that alternative options are explored, and that
a transparent remedy process for those with project-related grievances is established.
Indian companies should be strongly encouraged to run operations in Burma in
accordance with Indian national laws, as an example of best practice.
2. Prevent human rights abuses: the government of India must be proactive in ensuring
that no human rights abuses occur in connection with the Kaladan Project. This should
include human rights due diligence for all elements of the project, and cooperating with
the ILO to hold workshops on forced labour and its prevention for all stakeholders
(including Indian companies and all project sub-contractors).
3. Conduct Health, Environmental and Social Impact Assessments and make results
public: the government of India must ensure that comprehensive third-party Health,
Environmental and Social Impact Assessments are conducted for all Phases of the
Kaladan Project. Further, the name, qualifications and methodology employed by the
firms conducting the impact assessments must be made public, and the findings must
be widely distributed in the project area in local languages as appropriate.
4. Identify and develop a mitigation plan for potential negative health, environmental,
social and economic impacts: the government of India and Indian implementing
companies must be proactive in identifying - through public consultations and thirdparty Health, Environmental and Social Impact Assessments - and acting to mitigate
potential negative health, environmental, social and economic impacts that may result
from the Kaladan Project.
5. Prioritize economic development for local residents: the government of India must
provide economic development assistance to local communities to ensure that they
have the capacity to benefit from new opportunities that will come with the Kaladan
Project. The Indian government should provide technical and financial assistance to
ensure that farmers and entrepreneurs from Arakan and Chin States will be able to
access markets in India’s Northeast Region as well as the Indian sub-continent through
the Kolkata port.
6. Prioritize employment opportunities for local residents: the government of India
must ensure that local people have access to employment opportunities related to the
Kaladan Project. Indian companies must follow non-discriminatory labour practices,
and prioritize the training of local workers to meet the qualifications of ‘skilled’ positions
in the future.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
8
The Kaladan Movement
This report was jointly produced by the Kaladan Movement, an alliance of civil-society
organizations concerned about the human rights, social, economic, and environmental
impacts of the Kaladan Project for local residents. The core members of the Kaladan
Movement are the Arakan Rivers Network (ARN), the Chin Human Rights Organization
(CHRO) and the Zo Indigenous Forum (ZIF).
We urge the governments of Burma and India to ensure that the Kaladan project is
developed with full local public consultation and participation; to ensure that the benefits
of the project go to the least advantaged members of the local communities; and to ensure
full transparency and accountability for all stakeholders involved in the project.
The Arakan Rivers Network (ARN) is a civil society organization whose vision is a future
where the people of Arakan have the knowledge and the right to protect their rivers from
destruction, enjoying total sovereignty over their main source of food and means of travel.
Further details about ARN can be found at: www.arakanrivers.net
The Chin Human Rights Organization (CHRO) is a non-governmental, non-profit human
rights and advocacy organization committed to promoting democracy in Burma, and
documenting previously unreported human rights violations being perpetrated against the
Chin people by the Burma army and State authorities. Since it was founded, CHRO has
documented extra-judicial killing, arbitrary arrest and detention, torture, rape and sexual
violence, land and property confiscation, violations of religious freedom, military conscription
and the use of child soldiers, and forced labour in its bi-monthly publication Rhododendron
News. Further details about CHRO can be found at: www.chro.ca
The Zo Indigenous Forum (ZIF) is an indigenous peoples’ organization based in Mizoram,
Northeast India. ZIF works for the protection of and promotion of human rights, in particular
to the social, economic and cultural rights of Zo indigenous peoples. Its activities include
awareness raising and education on human rights, promotion of traditional knowledge
including campaign for the recognition of indigenous language rights, campaign and
advocacy to combat child labour and trafficking, empowerment of women, children and
youth, and management of natural resources. Further details about ZIF can be found at:
www.zoindigenous.blogspot.com
This Kaladan Movement report builds on the previous published work of civil society
organizations including Kaladan multi-modal transit transport project: a preliminary report
from the Arakan Rivers Network (2009) and Collected News Articles and Essays about
the Kaladan Multi-Modal Transit Transport Project (2011).
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
9
Part 1:
Introduction to the Kaladan Multi-Modal
Transit Transport Project
The Kaladan Multi-Modal Transit Transport Project (hereafter “Kaladan Project”) will
connect India’s eastern seaport of Kolkata with its landlocked northeastern state of Mizoram
by traversing Arakan and Chin States in Burma through a newly constructed river and
highway transport system.1 The project was conceived by the Indian government as a
means to develop a trade route between its mainland and Northeast Region, and as a
key element of its “Look East Policy.” The Indian government expects the Kaladan Project
to lead to increased economic linkages with Burma and the rest of Southeast Asia. The
original plan conceptualized the Kaladan Project as a pre-cursor to establishing a gas
pipeline along the same route.2 The financing for the entire Project - currently estimated
at US $214 million - is being provided through the Indian Ministry of External Affairs (MEA).3
In April 2008, Burma and India signed a foundational agreement titled the “Framework
Agreement between the Government of the Republic of India and the Government of the
Union of Myanmar for the construction and operation of a multi-modal transit transport
facility on Kaladan River connecting the Site-tway port in Myanmar with the state of
Mizoram in India.”4 Since the Framework Agreement work has progressed sporadically,
and the Project is expected to be fully operational by 2015.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
10
The Kaladan Project area
Approximately one million people live along the Kaladan river, the majority of who are
dependent on the river for their livelihoods: as a fishing-ground, a means of transport,
and a source of water for irrigation and household consumption.5
Figure 1 - Kaladan Multi-Modal Transit Transport Project: the 4 Phases of construction
CH
INDIA
INA
U
R
M
Lawngtlai District
A
AND
A IL
TH
B
MIZORAM
STATE
BANGLADESH
Paletwa
B
A
Y
CHIN
STATE
O
F
Kyauktaw
A L
N G
B E
Mrauk-U
Ponnagyun
Legend
ARAKAN
STATE
Phase 1 deepsea port
at Site-tway harbour
Phase 2 inland waterway
transport system
Phase 3 highway connecting
Paletwa with the Burma-India border
Phase 4 Land Customs Station at
Zorinpui, Lawngtlai District
Phase 4 extension of Indian National
Highway #54 to Burma-India border
K a l a d a n
M o v e m e n t
Site-tway
© Kaladan Movement
Phase 2 port & trans-shipment
terminal at Paletwa town
Pauktaw
One cannot step into the same river twice:
making the Kaladan Project people-centred
11
The Kaladan Project construction can be conceptualized as four major Phases:
Phase One is the construction of jetties and a port facility at Site-tway in Arakan State to
accommodate large cargo ships. The Inland Waterways Authority of India6 and ESSAR
Projects Ltd.7 are the implementing partners, and the estimated completion date is June
2014.8
Phase Two is the dredging and widening of stretches of the Kaladan river into a 160 km
inland waterway transport system for cargo ships, including the construction of a port and
transshipment terminal at Paletwa Town in Chin State. The Inland Waterways Authority
of India and ESSAR Projects Ltd. are the implementing partners, and the estimated
completion date is June 2014.
Phase Three is the construction of a 130 km two-lane highway from Paletwa Town to the
Burma-India border crossing at MyeikWa/Lomasu. The exact route of the highway on the
Burma side is not known as the revised Detailed Project Report has never been made
public.9 10 The Burma Ministry of Construction and an as yet unnamed Burmese construction
company - widely expected to be Max Myanmar Group of Companies based on the
previous plan - will be the implementing partners for the road construction in Paletwa
Township, and the estimated completion date is 2015.11
Phase Four is the construction of a 100 km two-lane highway in Mizoram State from
Lomasu to Lawngtlai, at which point it will connect with the existing Indian National Highway
#54. Phase four also includes the construction of a Land Customs Station at Zorinpui in
Mizoram State. The Ministry for Development of North Eastern Region, the Mizoram State
Public Works Department and local contractors Ram Dayal Sharma and ARSS-Atlanta
will be the implementing partners, and the estimated completion date is early 2014.
Figure 2 - Population along the Kaladan Project route by Township/District12
Township / District
Population
Site-tway (Arakan State)
303,614
Pauktaw (Arakan State)
180,740
Ponnagyun (Arakan State)
152,355
Mrauk-U (Arakan State)
220,414
Kyauktaw (Arakan State)
214,298
Paletwa (Chin State)
91,030
Lawngtlai (Mizoram State)
117,444
Total population
1,279,895
K a l a d a n
M o v e m e n t
12
One cannot step into the same river twice:
making the Kaladan Project people-centred
Figure 3 - Key Players Implementing the Kaladan Project
Development Partnership
Administraion (DPA)
• Oversees and manages India’s
internaional development aid
for the MEA.
• Created in January 2012, DPA-II
is responsible for Indian aid
going to Burma.
Ministry of External Affairs (MEA)
• Joint signatory (with the Burma
Ministry of Foreign Affairs) of the
Kaladan Project Framework
Agreement in April 2008.
• India’s “nodal agency” for the
implementaion of the project.
• Distributes funds for the Kaladan
Project through its official Budget.
IRCON Internaional Limited (previously
India Railways Construcion Limited)
• State-owned infrastructure
construcion company operated by the
Ministry of Railways.
• Responsible for producing the Detailed
Project Report for the Phase 3 highway
construcion.
Inland Waterways Authority of India (IWAI)
• Sub-department of the Indian Ministry of
Shipping.
• Appointed as the Kaladan Project
Development Consultant in March 2009
through its Kaladan Project Management
Unit.
• Submited a revised version of the RITES
2003 Detailed Project Report in
September 2009.
Bi-Lateral
K a l a d a n
M o v e m e n t
India
Rail India Technical and
Economical Services (RITES)
• Conducted iniial feasibility
studies for the project and
submited iniial Detailed
Project Report in 2003.
Ministry of Development of
North Eastern Region (DONER)
& Indian Ministry of Roads and
Highways
• Responsible for overseeing the
extension of Highway #54
from Lawngtlai to India-Burma
border through the Mizoram
Public Works Department.
Public Works Department
(PWD) Government of Mizoram
• Responsible for implemening
highway construcion in
Mizoram.
• Responsible for hiring of
Indian contractors to
implement the Mizoram
highway component.
Lai Autonomous District Council
(LADC) (autonomous from Mizoram
government under the Sixth Schedule
of the India Consituion)
• Responsible for the administraion
of forest, land and revenue in the
Lawngtlai district where the Kaladan
Project crosses the Burma-India
border.
Indo-Myanmar (Burma) MuliSectoral Group
• Incremental review mechanism
sipulated in the 2008 Framework
Agreement.
• Held its first meeing in Naypyidaw on
22 May 2010 where it was decided to
change the route of the Kaladan
Project and to begin the Phase 3
highway at Paletwa Town rather than
Kaletwa Town.
One cannot step into the same river twice:
making the Kaladan Project people-centred
13
Ministry of Transport
• Responsible for
management of Site-tway
port and inland waterway
through Port Authority.
Ministry of Foreign Affairs
• Joint signatory (with the Indian
Ministry of External Affairs) of the
Kaladan Project Framework
Agreement in April 2008.
• Burma’s “nodal agency” for the
implementaion of the project.
Burma
Ministry of Construcion
• Responsible for hiring
Burmese contractor to
implement Phase 3.
Working Commitee for Kaladan
Project
• Created by the Government of
Burma to oversee implementaion of
the Kaladan Project.
• Hosts regular meeings atended by
Indian Mission, IWAI, IRCON and
Essar Projects.13
CONCORDIA
• Yangon-based consultancy
that conducted hydrographic
survey of the Site-tway Port
site under contract to IWAI in
October 2009.15
ESSAR Projects India Ltd.
• Formed in early 2010 through a
de-merger of ESSAR Shipping Ports
& Logisics Ltd.
• Signed a $75 million 36-month
contract with Indian Ministry of
External Affairs in May 2010 for the
construcion of the port and inland
water transport components of the
Kaladan Project.14
Max Myanmar
• Widely expected to be the
contractor hired by the
Burma government to
construct the Phase 3
highway.
Scot Wilson India Pvt. Ltd.
• New Dehli-based
consultancy firm hired as
the Kaladan Project
Supervision Consultant
under contract to IWAI.
Corporate
Ram Dayal Sharma (RDS)
Projects Limited - Aizawl office
• New Delhi based company
holds contract for two parcels
of the Lawngtlai-Lomasu
highway construcion; Km0-38
and km71-100.
ARSS-Atlanta [Joint-venture]
(previously ARSS Infrastructure
Projects Limited)
• Bhubaneshwar-based
publicly-traded company that
holds the 163 rupees crore
contract, signed in 2010, with
Mizoram PWD for construcion
of highway from km38-71.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
14
1.1 Specifications of the Kaladan Multi-Modal Transit
Transport Project
Transport Project
Cost of the Kaladan Project
The Kaladan Project is India’s largest infrastructure development project in Burma to date.
The total cost of the project is currently estimated at US $214 million - approximately
1,135 Rupees crore16 - and is being entirely financed by the government of India through
the Ministry of External Affairs (MEA). In fact, the financing for the Kaladan Project is
officially classified as development aid to Burma, and is now being overseen by the
Development Partnership Administration (DPA) department within the MEA.17 At the signing
of the Framework agreement in 2008 the estimated project cost was just under $120
million: $68.25 million budgeted for the Site-tway Port and inland waterway and $49.14
million budgeted for the highway from Kaletwa to the Indian border.18 Current estimates
put the total project cost at close to double the 2008 figure - due to the shifting of the
inland port from Kaletwa to Paletwa, and the related lengthening of the highway component
of the project. The latest estimates put the total cost for the Kaladan Project at US $214
million.19
Within the Indian government there is concern that the project is behind schedule and
over budget. In a recent Standing Committee of External Affairs 14th Report on Ministry
of External Affairs Demands for Grants (2012-2013) it is shown that the MEA requested
448 Rupees crore for the Kaladan Project, but that only 220 Rupees crore was subsequently
approved.20 In response to the Standing Committee’s inquiries the MEA claimed that the
Kaladan Project is over-budget due to the lengthening of the Phase 3 highway component,
but that Phase 1 and 2 are on-budget and on schedule.
Kaladan Project Timeframe
At the time of the groundbreaking for the project in December 2010 the estimated project
completion date was June 2013.21 This date has been pushed back a number of times,
and the current official estimate is that the project will be fully operational by 2015.22
There appears to be some degree of controversy within the Indian government surrounding
the ballooning project costs and delays in the implementation of the Project.23 That being
said, the Kaladan Project has been a centre-piece of the many official bilateral India-Burma
visits through 2012, and it is clear that the highest levels of the Indian government are
pushing for the project to be completed as soon as possible. During his visit to Burma in
May 2012, the Indian Prime Minister Manmohan Singh stated that “India is implementing
the Kaladan multimodal transport project that involves upgrading the Site-tway port and
constructing a highway to connect the town of Paletwa in Chin State to the Indian border
in Mizoram State. This flagship project will revitalize the economy of the area and link it
with important commercial and shipping arteries. We hope to complete it by 2015.”24
Speeding the completion of the Kaladan Project was reportedly a key agenda item during
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
15
Figure 4 - Construction of a deepsea port and trans-shipment terminal at Site-tway,
Arakan State
Burma Minister for Transport and
Rakhine (Arakan) State Regional
Commander with officials from the
Indian Ministry of External Affairs,
Indian Embassy, IWAI, and ESSAR
at the Site-tway Port foundaion
stone laying ceremony at Sitetway, Arakan State, December
2010
State Regional Commander gives a speech Sign for the ceremony
Fishing boats dock at Myo Ma market;
January 2013 (Google Earth)
Shoppers at the Myo Ma market;
May 2008 (Google Earth)
ESSAR machinery at Site-tway Port construcion site; May 2013
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
16
a February 2013 official visit of India’s Speaker of the Lower House Meira Kumar.25 26 With
intense pressure to quickly complete the Kaladan Project coming from the highest levels
of the Indian government, there is great potential for short-cuts and willful overlooking of
problems in order to meet unrealistic deadlines. The Kaladan Movement believes that
this is the wrong way to move forward on the Kaladan Project, and that the Project should
not go ahead unless it is implemented in a manner that prioritizes full local public
consultation and participation; ensures that the benefits of the project go to the least
advantaged communities; and provides accountability for all stakeholders involved in the
project.
Current Status of the Four Phases of the Kaladan Project
Progress on the four phases of the Project is as follows:
Phase 1: Construction of a deepsea port and trans-shipment terminal at Site-tway
Phase One of the Kaladan Project is the construction of a new port at the Site-tway harbour
in Arakan State.27 Construction of the port began on 19 December 2010 with a foundationstone laying ceremony attended by officials from MEA, the Indian Embassy and IWAI
as well as the Burma Minister for Transport and the Rakhine (Arakan) State Regional
Commander. The piece of land chosen for the new port is a former public access coastal
area and recreational site in central Site-tway which is surrounded by commercial and
residential buildings including the Site-tway General Hospital.
According to the 2008 Framework Agreement, the Indian MEA will provide all financing
for the new port, while the Burma government is responsible for providing the land for
construction and for ensuring project security. The Burma government has earmarked six
hectares of public land for the construction of the new Site-tway port.
Next to the new port site is an older port and jetty dating from 1917.28 The existing jetty
is currently being used by the Burma Port Authority to serve domestic ships travelling
from Rangoon, Mon State and Tanintharyi Region. Next to the existing jetty is the Myo
Ma fish market where local fishermen sell their catch. The Myo Ma market is managed
by the Township Governmental Municipality Office.
The new Site-tway deepsea port - locally referred to as the “Indian Port” - will feature two
large jetties, measuring 219 metres by 15 metres and 54 metres by 15 metres respectively,
able to accommodate large cargo ships. The port itself will be built on 60,000 square
metres (6 hectares) of public land provided by the Burma government and 48,000 square
metres (4.8 hectares) of land reclaimed from the surrounding harbour. The six hectares
of public land provided by the Burma government consists of coastal/delta land which
was previously used by local fishers and boatmen, and as a recreational site for local
residents. The reclaimed area of the new port has been created using 560,000 cubic
tonnes of soil dredged from the nearby channel approaching the mouth of the Kaladan
River.
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Figure 5 - Satellite imagery showing progress of Site-tway Port land reclamation29
29 OCT 2010
14 JAN 2012
11 NOV 2012
The dredging operation at the mouth of the Kaladan River served the dual-purpose of
providing the aggregate material used to reclaim land for the new Site-tway port as well
as transforming the surrounding 55 hectares of harbor waters into a deepsea port with
an eight to nine metre underwater draft to accommodate large cargo ships.30 Once
completed, the new Site-tway port will be able to service ships of up to 20,000 dead weight
tonnage.31
The other key infrastructure being constructed at the Site-tway port is a trans-shipment
terminal, including off/on-loading equipment and a complex of 29 warehouses, where
cargo from the larger ships will be shifted to smaller vessels suitable to navigate the
Kaladan River inland waterway transport system north to Paletwa Town in Chin State.
Phase 2: Development of Kaladan river inland waterway infrastructure from Sitetway to Paletwa
Phase Two of the Kaladan project is the dredging and widening of stretches of the Kaladan
River into a 160 km inland waterway transport system for cargo ships. Phase Two also
includes the construction of a port and trans-shipment terminal at Paletwa Town, as well
as the manufacture of six cargo vessels which will ply the waterway between the Site-tway
and Paletwa ports.32
In May 2010 the Indo-Myanmar (Burma) Multi-Sectoral Group decided to deviate from
the original Detailed Project Report by shifting the terminal-point of the inland waterway
transport system from Kaletwa to Paletwa. The reason for the change was that the stretch
of the Kaladan River between Paletwa and Kaletwa was going to require a significant
amount of dredging and widening for it to be navigable by cargo vessels due to the
existence of many shallow shoals, rapids and rocks.33 34 At the time it was stated that the
stretch of river between Site-tway and Paletwa is naturally quite wide and deep; requiring
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large-scale dredging at only three points.35 More recently the Indian Ambassador to Burma
stated that dredging will need to take place at four or five points between Site-tway and
Paletwa.36
The “dredging” required is actually a mix of earthwork operations including the removal
of shoals and rapids using standard dredging techniques, the removal of exposed rocks
and boulders; the blasting of submerged boulders and rock-outcrops is no longer required.
The aggregate material produced during these dredging operations will be moved into
designated aboveground or underwater dumping areas.37
Additional riverine infrastructure to be built in Phase Two includes 10 navigational buoys
placed in the stretch of river between Site-tway and Kyauktaw, and 70 fixed shore markers permanent six metre concrete posts on the river banks - installed in the stretch of river
between Kyauktaw and Paletwa.38
The terminal-point of the Inland Waterway Transport system will be a port complex to be
built at Paletwa Town. The port will be able to accommodate cargo ships up to 200 metres
in length with a capacity of 6,000 DWT. The main element of the port complex will be a
trans-shipment terminal to transfer cargo from the waterway to trucks which will ply the
new highway to the Burma-India border. The riverbed adjacent to the Paletwa port will be
dredged to a depth of two metres to enable the easy docking of the IWT cargos ships.39
The Burma government has pledged to provide three hectares of land for the port complex,
as per its responsibilities in the 2008 Framework Agreement.40 The land was previously
used to cultivate beans and peas, as well as for banana and mango orchards.41
In November 2012 local residents reported that a ferryload of ESSAR workers arrived in
Paletwa Town with heavy equipment to begin work on the port. To date, the construction
work on the Paletwa port has entailed the construction of company offices and housing
for the workers. Construction work will need to cease between April and November 2013
because of the monsoon season.
Finally, Phase Two includes the manufacture of six 260 ton cargo vessels which will ply
the route between the Site-tway Port and the Paletwa Port along the Kaladan River.42
Phase 3: Construction of a highway between Paletwa and the Mizoram border
Phase Three of the Kaladan Project is the construction of a 130 km two-lane highway
from Paletwa Town to Myeikwa at the India border. When the decision was made to shift
the terminal point of the inland waterway system from Kaletwa to Paletwa, the length of
the required highway doubled from 62 km to 130 km. Phase Three is the most landintensive component of the Kaladan Project, and as the Burma government is responsible
for providing all required land for the Project the Burma Ministry of Construction is directly
overseeing this Phase.
The Burma Ministry of Construction and an as yet unnamed Burmese construction company
(widely expected to be Max Myanmar Group of Companies based on the previous plan)
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will be the implementing partners for the road construction in Paletwa Township.43 Estimated
completion date for Phase Three is 2015, yet to date construction work has not started.
A Detailed Project Report for Phase Three has never been made public, and local people
are completely in the dark about the exact route and timeframe for this Phase.44 There
have been rumours in the Indian media that the revised Phase Three DPR has already
been completed by the MEA, but it is not available publicly.45 The original DPR stated that
the 62 km Kaletwa-Myeikwa highway would run along a valley parallel to the Kalet (Chaung)
River. There are fifteen villages situated near the originally proposed route. The original
highway DPR includes the construction of 387 culverts, 11 bridges to cross streams as
well as a protection wall. The DPR also includes the construction of eleven bus rest-areas
and three truck rest-areas. Road construction materials will be obtained by dredging
aggregates from nearby rivers or will be imported from India. The DPR also states that
sufficient local labour for the road construction is not available and imported labourers
are not willing to work in such a remote and malaria-prone area, therefore machineryintensive methods will be used to construct the highway.46
As no revised DPR has been released for Phase Three it is impossible to know exactly
how and when this Phase will be implemented. It seems likely that the Kaletwa-Myeik Wa
route will remain the same, but local people can only guess as to the route of the PaletwaKaletwa section. One likely route for the Paletwa-Kaletwa highway will be along the
Kaladan River valley. Southern Paletwa Township is much more densely populated than
the Northern part, and this route would pass nearby over 50 villages. With the lengthening
of the Phase Three highway from 62 to 130 km, the land and dredged aggregates needed
for construction will also increase. An EIA for the new project route in Chin State is essential,
particularly if the highway construction requires extensive aggregate mining from nearby
rivers, streams and creeks.
Phase 4: Construction of highway from Lawngtlai to Lomasu
Phase four of the Kaladan Project is the construction of a two-lane highway from Lawngtlai
to Lomasu at the Indo-Burma border; a distance of approximately 100 km.47 This new
section of highway will be an extension of Indian National Highway #54, and is being
constructed under Phase A of the Indian Ministry of Development of North Eastern Region’s
Special Accelerated Road Development Program of the Northeast (SARDP-NE).
The Lawngtlai-Lomasu highway will be 12 metres wide, although it may be wider in specific
areas where there is increased likelihood of landslides.48 Two Indian construction
contractors - RDS Projects and ARSS-Atlanta - will be laying the highway under contract
to the Mizoram Public Works Department. RDS will construct two parcels. The first RDS
parcel stretches from kilometer 0 at Lawngtlai to kilometer 38. The second RDS parcel
stretches from kilometer 71 to kilometer 99.83, and travels alongside the Zocha River.49
The ARSS-Atlanta parcel covers the middle-section from kilometer 38 to kilometer 71.50
With the initial contract signed in September 2010, the contractors of the Lawngtlai-Lomasu
highway have committed to completing the project within the agreed four year timeframe.51
A September 2014 completion-date target was recently reiterated by the Indian Ministry
of Transport and Highways.52
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Figure 6 - Phase 4 highway construction in Lawngtlai District, Mizoram State
Truck owned by project sub-contractor
RDS Projects Limited
The highway construcion passes through
steep terrain
Phase 4 also includes the building of a Land Custom Station at Zorinpui (close to
Zochachhuah) on a 112,200 square meters parcel of land provided by the Revenue
Department of the Lawngtlai Autonomous District Council.53 The Zorinpui LCS facility will
be financed by the Indian Ministry of Commerce through the ASIDE Scheme.54
1.2 Context of the Kaladan Project: India-Burma relations
From conception to implementation, the Kaladan Project is an Indian project. The Indian
Government proposed and developed the plan for the project. The project is being entirely
financed with Indian government funds. Indian companies, overseen by Indian government
ministries, are the key implementing agents. The benefits of the project are framed in
terms of India, namely the economic development of the Northeast Region and the
geo-strategic advantages for India in Burma, ASEAN, and Asia as a whole.55
“The Kaladan Multi-Modal Transit Transport Project is being developed to provide
an alternate route for transport of goods from eastern sea board to North-East
India. However, the completion of the project will open up possibilities for better
connectivity and movement of goods between India and Myanmar (Burma).”56
Indian Minister of Foreign Affairs
One of the main motivations behind the Kaladan Project is the economic development of
the land-locked states of Northeastern India. Among the economic benefits that the Indian
government is expecting to reap from the Kaladan Project is an increase in intra-India
trade with a shorter and faster transportation route between mainland India and the
Northeast Region, as well as growing trade between India and Burma and the rest of
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ASEAN.57 India’s business press is well aware of these opportunities, stating that “our
businesses can explore possible commercial ventures that can ride on the back of some
of the infrastructure that will be created from the Indian government-assisted Kaladan
project.”58
The Kaladan Project is geo-strategically important for India as a way to stake its claim in
Southeast and East Asia. Indian pundits often point-out that China’s influence in the region
is expanding quickly, and that India must make its presence felt or risk being left behind.
The Chinese state-backed Shwe oil and gas pipelines and Special Economic Zone at
Kyauk Phyu on the Arakan coast is of concern for Indian security analysts, as it is expected
that China Naval presence in the Bay of Bengal will be increased to protect this economically
and strategically important infrastructure.59 The Kaladan Project port at Site-tway can be
seen as a counter-balance to China’s growing influence in the Bay of Bengal. Site-tway along with the Coco Islands and Kyauk Phyu - are often mentioned as the major Burmabased locations in the so-called Chinese “String of Pearls” strategy.60 61 The Indian
government considers the Bay of Bengal its sphere of influence, and wants to maintain
the status quo. India-Burma Naval cooperation has been increased recently; with the first
bilateral naval exercise in the Bay of Bengal taking place in early 2013, ostensibly to patrol
the two countries’ maritime border.62
Pre-cursor to a pipeline
The Indian government has additional strategic aims with the Kaladan Project; originally
the project was conceived as a pre-cursor to establishing a gas pipeline along the same
route as illuminated by former Indian Ambassador to Burma Shyam Saran in 2011.63 64
While the immediacy of the Burma-India pipeline plan has lessened since India lost-out
to China’s state-owned China National Petroleum Company in a bid to secure buyingrights to the A-1 and A-3 natural gas blocks off the Site-tway coast, Indian companies and
government bodies maintain an interest to exploit oil and gas resources in Western
Burma.65
A number of Indian firms are interested in investing in Burma’s oil and gas sector. ESSAR
Oil Ltd. holds exploration rights to Bay of Bengal offshore block A2 and onshore Block L.
Indian Oil has publicly stated plans to explore for investment opportunities in Burma’s oil
and gas sector.66 ONGC Videsh Ltd. (OVL) and Oil India Ltd. (OIL) - both connected to
the Indian government - have expressed intention to bid in an upcoming auction for offshore
and onshore oil and gas blocks in Burma.67
Different Indian government bodies have also expressed interest in seeing a Burma-India
pipeline come to fruition. The Meghalaya Governor recently publicly mentioned a plan to
pipe Burma gas to Northeast India.68 A recent statement from the “Bangladesh-ChinaIndia-Myanmar (Burma)” regional grouping reinforced the fact that Burma is viewed by
neighbouring countries as ripe for resource exploitation, as it was noted that there should
be increased number of energy and resource exploration joint ventures within the group
as all countries except Burma face energy shortages.69
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India’s Look East Policy
The Kaladan Project is a fundamental element of India’s Look East Policy as it seeks to
strengthen the country’s economic and political influence in Asian countries to the east.
In official discussions about India’s connectivity strategy towards East and Southeast
Asia, the Kaladan Project is often grouped with the two other large-scale transportation
infrastructure projects presently being developed by India: the Thai-Burma-India Trilateral
Highway and the India-China Stilwell Road.70
The current Indian government appears determined to redouble efforts to follow through
with previous Look East Policy projects which have so far failed to materialize as planned.
In a recent Budget announcement, Union Finance Minister Chidambaram stated that
“combining the ‘Look East’ policy and the interests of the North Eastern States, I propose
to seek the assistance of the World Bank and the Asian Development Bank to build roads
in the North Eastern States and connect them to Myanmar (Burma).”71
Figure 7 - Map of infrastructure along India-Burma border
Legend
Moreh-Tamu border crossing [existing]
Zowkhatar-Rih border crossing [existing]
Changlang-Pangsau border crossing [existing]
Ukhrul-Somra border crossing [proposed]
Lomasu-Myeikwa border crossing [proposed]
Thai-Burma-India Trilateral Highway [proposed]
India-China Ledo (Stilwell) Road [proposed]
Probable Kaladan Project Route
KACHIN
Htamanthi Dam (1,200 megawatts) [proposed]
Chi
INDIA
ndw
in R
iver
Kolodyne-II Dam (460 megawatts) [proposed]
SAGAING
CHIN
Mandalay
Kaladan River
BANGLADESH
SHAN
Naypyidaw
ARAKAN
KARENNI
BAGO
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Bay of Bengal
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India’s Trade Agenda
India’s willingness to generate new economic ties with Burma waned for political reasons
in the 1980s and 90s, but in recent years India-Burma bilateral trade has been steadily
increasing. In 2009-10 bilateral trade stood at US$1.2 billion.72 In 2010-11 bilateral trade
stood at US$1.3 billion, and was projected to double to $3 billion by 2014-15.73 In 2012
India-Burma bilateral trade pushed closer to $1.4 billion, but with the overwhelming majority
being Indian imports from Burma.74
Recent high-level meetings between the two countries have largely focused on increasing
bilateral trade and developing the infrastructure to facilitate it.75 Despite India and Burma
sharing a 1643 km border, the amount of official cross-border trade stands at a negligible
1% of all bi-lateral trade.76 While unofficial border trade is estimated at $400 annually, this
still represents a small share of overall bilateral trade.77
India-ASEAN trade has been growing steadily - averaging 20% annual growth over the
last decade - yet there remains much growth potential which India’s Look East Policy is
aiming to capture. At present, India-ASEAN trade accounts for only 3% of ASEAN’s total.78
The India-ASEAN free trade agreement, including trade in services component signed in
December 2012, means that it is likely this growth trend will continue.79
In addition to the Kaladan Project border crossing at Zorinpui-Myeikwa, there are three
existing India-Burma border crossings: Moreh-Tamu, Zowkhatar-Rih, and ChanglangPangsau. A fourth border crossing is set to open in the near future at Ukhrul-Somra in the
Naga Autonomous Region.
Figure 8 - Political cartoonist Harn Lay addresses the Kaladan Project
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In 1994, India and Burma signed a border trade agreement, and the following year the
Moreh-Tamu border crossing was established. In 2001 this crossing was improved with
the construction of the so-called “Indo-Burma Friendship Road” connecting Manipur’s
National Highway #39 to Tamu, Sagaing Region. The Indian government provided a grant
to upgrade this 150km stretch from Tamu to Kalewa to a 5.5 metre width, although it has
yet to be given full Asian Highway standard.80 Some have noted that the original 2001
Friendship Road failed to meet its potential because the Burma government neglected to
fulfill its part of the deal; namely continuing the highway from Kalewa in Central Burma
and upgrading the 71 existing bridges along the route.81 During his visit to Burma in 2012
Indian Prime Minister Manmohan Singh agreed that India would repair and upgrade 71
bridges along the Friendship Road.82 The Moreh-Tamu border crossing will continue to
grow in importance, and is the planned starting point for the Burma section of the IndiaBurma-Thailand Trilateral Highway slated for completion by 2016.83 84 All of the India-Burma
border crossings are set to expand in line with India’s Look East Policy, and the Indian
government is looking to enlist the support of regional multilateral development banks to
assist with the implementation this policy.85 86
India-Burma Bi-lateral Trade
The main items that India imports from Burma are agricultural products; especially beans,
pulses, broken rice, livestock and forest products.87 The main items that Burma imports
from India are raw materials and manufactured goods; especially steel, machinery and
pharmaceuticals. Traditionally, bilateral trade has been hampered by the relative poverty
in the border areas, trade restrictions, poor transportation infrastructure as well as regional
instability due to a number of insurgencies taking place along the border.
In recognition of the increased trade opportunities that the Kaladan Project and other
initiatives will create, in September 2011 leaders from the two countries pledged to double
bi-lateral trade by 2015. In order to achieve this goal the governments agreed to implement
a range of projects to enhance bi-lateral trade including: increasing the number of permitted
tradable items from 22 to 44, building a Land Customs Station at Zokhawthar, and opening
new border trade points.88 Undoubtedly this drive to increase bilateral trade will impact
the people living in the border states of Mizoram, Arakan, and Chin States.
1.3 Economies of Mizoram, Arakan, and Chin States
Mizoram State
Four of India’s seven northeastern states share borders with Burma.89 Mizoram - the state
which the Kaladan project transport route will connect to - has a predominantly agriculturalbased economy with a large portion of its population practising slash and burn agriculture
(known as Jhum cultivation).90 In 2008-9 Mizoram imported large quantities of food to
meet its domestic needs, although some rice is produced in Mizoram, as it is the staple
food crop Mizoram relies on rice imports to meet demand. The Mizoram government’s
New Land Use Policy aims at improving livelihoods in Mizoram by reducing dependence
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on Jhum cultivation and promoting sustainable farming including agri-horticultural crops,
micro-enterprise, modernisation of cottage industries, increased rice cultivation, expansion
of markets with competitive pricing for farming products and improved transport networks.91
With the New Land Use Plan the government of Mizoram is betting that the improved
production of agri-horticultural produce including crops such as ginger, turmeric, chilli,
passion fruit, oranges, pineapple, tung oil, medicinal herbs as well as bamboo resources
will lead to increased exports from the state, much of it going to neighbouring countries
including Burma.
Chin and Arakan States
In 2012, Burma was ranked 149 out of 187 on the UN Human Development Index.92 The
country is categorized as having low human development compared to other countries
in the region.93 Within Burma, Arakan and Chin States are two of the poorest and least
developed. 94 According to the UNDP Burma 2009-10 IHLCA survey the poverty incidence
in Chin and Arakan States was 73% and 44% respectively compared to 25% nationally,
and the food poverty incidence was 25% and 10% respectively compared to 5% nationally.95
The Kaladan Project will affect a significant proportion of the population in these states
as approximately one million people live along the Kaladan river.96
In Chin State, agriculture is the main livelihood activity; including upland crops, shifting
cultivation and fruit trees.97 Maize and pulses are the staple foods in the state. Fish and
meat production are comparatively low. As rice paddy production locally is low, rice supply
comes from surplus paddy production in other areas of Burma, namely the Ayeyarwady
region. The main pressure on agricultural production in Chin State is that a limited availability
of arable land coupled with a growing population has lead to shorter cycles of field rotation
resulting in poor soil fertility and lower crop yields.
From late 2006 to 2010, a cyclical rat infestation devastated agricultural production in
Chin State, leading to famine-like conditions in many areas.98 Food insecurity remains a
wide-spread problem across the State. 99 This insecurity impacts people’s lives in a number
of ways: people have been forced to forage in forests to find food; there is increasing
dependence on external food aid; and households are facing mounting debt after taking
out loans to purchase food items.100 These food security related hardships have also
contributed to a widespread out-migration from Chin State.
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Figure 9 - Livelihoods along the Kaladan River
River water is used to irrigate
riverside farmland
Fishing with a hand-net
Local residents depend on water from
the river for household use such as
drinking and washing
Woman preparing tobacco leaves for
transportaion on the river
Small-scale agriculture is also a major livelihood in Arakan State.101 The main types of
agriculture production in the State are rice, pulses, oilseeds and nipa palm.102 A 2009
FAO/WFP Crop and Food Security Assessment found that Arakan State accounts for
about 7% of the total sown rice paddy area nationally, although production of pulses, fish
and meat is relatively high compared to other areas of Burma. 103
Agriculture and fishing are crucial to the lives of people living in the State. A 2010 livelihood
and food clusters joint assessment livelihood report104 included findings on Pauktaw
township in Arakan State, which borders the Kaladan river. The study found that the main
source of livelihoods of households in Pauktaw Township included crop production (27%),
casual labour (25%), combination of crops and fishing (19%) and solely fishing (17%).
The majority of agricultural land in Pauktaw Township is dedicated to wet paddy land (75%)
with 13% as orchard. Despite these figures, many parts of Arakan State face food insecurity.
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The 2011 WFP food security assessment found that Northern Arakan State was a food
deficit-area largely depending on food trade from surplus areas within Burma.105 The study
found that the main underlying factors contributing to food insecurity in Northern Arakan
State included low levels of access to agricultural land and limited purchasing power,
which is related to limited wage labour opportunities and low wages on the one hand, and
high food prices partly linked to limited market integration with surplus regions on the
other hand.
1.4 The natural environment in the Kaladan Project area
The terrestrial environment surrounding the Kaladan project route is part of the ‘Burma
Coastal Rain Forests’ ecoregion, characterized by lowland evergreen and semi-evergreen
rain forests on the western side of the Arakan Yoma.106 This is one of the most speciesrich ecoregions in Burma; an area supporting many threatened and endemic plant and
animal species. Birdlife International has identified 14 species of restricted-range bird
species in the Eastern Himalayas Endemic Bird Area adjacent to the Kaladan project
route.107
The Kaladan river itself is an important ecological system. The river is one of the largest
in Western Burma; flowing 350 km from its source into the Bay of Bengal at Site-tway.
The lower part of the river opens up to form a fertile alluvial plain that covers a total area
of 3,640 square km. Due to the relative inaccessibility and instability of the area little recent
research exists on the ecology of the Kaladan river, although it has been recognized as
an area of exceptional biodiversity meriting further research and conservation.
The marine environment in which the Kaladan Project is being constructed is characterized
by exceptional biodiversity, especially in the delta area. The ecology of the Kaladan delta
includes fragile seagrass and mangrove ecosystems which provide habitat for many
species of fish, crustaceans, sea turtles and sea mammals such as the dugong. The
potential environmental impacts of the Kaladan Project are explored in greater detail in
Part 2 of this report.
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Part 2:
Potential Impacts of the Kaladan Project
2.1 Potential beneficial impacts of the Kaladan Project
If implemented in the right way, the Kaladan project offers a range of potential opportunities
for local communities. Potential benefits from the Kaladan Project include:
•
•
•
•
•
potential for improved transportation infrastructure
potential for increased trade opportunities for local farmers and producers
potential for lower food prices and improved access to food
potential for employment opportunities on project construction and maintenance
potential for growth opportunities for local small and medium sized enterprises
Arakan and Chin States in Western Burma and Mizoram State in Northeastern India are
in need of people-centred development policies which will improve the livelihoods of all
residents and enable local residents to participate in the decision-making processes that
impact their lives. As shown above, Arakan and Chin States have the highest levels of
food insecurity and poverty in Burma. The Kaladan Movement believes that the local
population should be the core beneficiaries of the Kaladan Project. We ask a simple
question: if the Kaladan Project is not a net benefit to the local people, what is the purpose
of implementing this project?
According to Article 2 of the UN Declaration on the Right to Development, States have
the responsibility to formulate development policies that “aim at the constant improvement
of the well-being of the entire population...on the basis...[of] the fair distribution of the
benefits resulting therefrom.”108 The Kaladan Project, if implemented with sensitivity to
the needs of - and with the full participation of - the local people, has the potential to bring
many benefits to the project area and beyond.
In concrete terms, the improved transportation links with India could enable increased
cross-border trade, bringing economic opportunities for local residents and improving the
problematic food security situation in western Burma. For people living in Arakan and Chin
States increased access to markets in India would serve a dual-purpose. On the one
hand, increased access to markets for consumers could enhance the supply of food locally,
reducing food prices and improving overall access to food. On the other hand, increased
access to markets for producers could provide local people with additional sources of
income with which food and other goods could be purchased. The same is true for
communities living in remote areas of Mizoram State close to the Burma border.
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Additionally, the Kaladan Project itself could be a source of employment for the local
people in a region with high levels of unemployment. There will be employment opportunities
during the construction stages and, to a lesser degree, in the long-term as infrastructure
operators, ship drivers and maintenance workers.
Economic multiplier effects from the increased cargo traffic on the Kaladan River - especially
around the ports at Site-tway and Paletwa - could provide opportunities for local small
and medium-sized service providers and retail businesses.
Overall these positive impacts could improve local livelihoods and help alleviate food
insecurity and poverty in the area. These beneficial impacts are all complementary with
the Burmese government’s Rural Development and Poverty Reduction Strategy.109
Figure 10 - Local residents engage in a variety of economic activities along the
Kaladan River
Riverside culivaion and Kamone
processing for export
Fishing boats near Paletwa Town
2.2 Potential negative impacts of the Kaladan Project
While the Kaladan Project brings a number of potential benefits it also has a number of
potential negative impacts. Local people have expressed concern about the potential
negative impacts of the Kaladan Project, including:
1.
2.
3.
4.
5.
6.
7.
8.
potential for the use of forced labour during project construction
potential for land confiscation and forced eviction
potential for disruption of and loss of livelihoods
potential for increased presence of Burma Army troops in project area
potential for restrictions on freedom of movement and access to transportation
potential for illegal taxation and extortion
potential for pollution and environmental degradation
potential for violations of indigenous rights
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2.2.1 Potential for forced labour during project construction
Burma has ratified the International Labour Organization (ILO) Forced Labour Convention
(1930)110 and the Freedom of Association and Protection of the Rights to Organize
Convention (1948).111 In March 2012, the Burma government and the ILO signed a
Memorandum of Understanding (MOU) including the commitment to the elimination of all
forms of forced labour in Burma by 2015. In May 2012 a comprehensive joint ILOgovernment strategy was agreed upon to reach the goals set-out in the MOU.
Despite this positive progress, civil-society groups continue to report cases of forced
labour in Burma. A recent CHRO advocacy report notes that “although forced labour is in
decline [in Chin State], it is still the second-most prevalent abuse, with the military
responsible for 54 percent of the 28 incidents documented since March 2011.”112 CHRO
has documented a case of forced portering for the Army as recently as January 2013.113
While there have not been any documented cases of forced labour directly connected to
the Kaladan Project, based on past experience of large-scale infrastructure development
projects and increased militarization in Burma this is an issue that deserves scrutiny as
the project moves forward.114 Phase Three - the construction of a highway from Paletwa
Town to the India border - is the type of construction project where there is a high risk of
forced labour.
Any instance of forced labour associated with the Kaladan Project is unacceptable, and
due diligence must be taken by the project implementers to ensure that neither they nor
their sub-contractors are implicated in this serious human rights violation. The Kaladan
Movement urges project implementers to engage with the ILO to ensure there is no forced
labour connected to the Kaladan Project.
2.2.2 Potential for land confiscation and forced eviction
Experience in Burma shows that large-scale infrastructure development project are often
connected to large-scale land confiscation. Land confiscation happens in Burma for a
number of reasons including: top-down development decision-making processes, a lack
of consultation with local residents, corruption among military and civilian authorities,
land-grabbing by crony capitalists, a legal framework (including the 2008 Constitution115)
which gives the Central Government ultimate ownership of all land in Burma and official
ignorance of local customary land-use systems. Large public demonstrations against land
confiscation have been violently repressed by the Burma government as recently as
February 2013.116
The September 2011 report of the UN Special Rapporteur on human rights in Burma,
noted that ethnic groups in Burma face serious human rights violations and discrimination
in relation to land rights including “the impact of infrastructure projects…and developmentinduced displacement.”117 The report notes that “estimates of the number of people forcibly
displaced in Myanmar since 1962 owing to natural disasters, armed conflict and
increasingly, to infrastructure and development projects, place the figure over 1.5 million.”118
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Phase 3 of the Kaladan Project is the most land-intensive Phase of construction, and thus
holds the biggest risk of project-related land confiscation. As no revised Detailed Project
Report for Phase 3 has been publicly released, the location and amount of land required
for this Phase is completely unknown to people living in the project area in Paletwa
Township. A pro-active policy of full public consultations and Free, Prior, Informed Consent
by the Burma government is necessary to ensure that there is no land confiscation and
forced eviction connected to the Kaladan Project.
A CHRO baseline survey covering 621 people living along the probable Kaladan Project
route showed that of the 89% of people who felt they would suffer “severe” or “major”
impacts from the Project, the majority said loss of access to their land was the most
concerning impact.
Figure 11 - Survey results show Paletwa residents concerned about negative impacts
from Kaladan Project
Figure 11 [A] - Are you concerned about
the potential impacts of the Kaladan
Project on you and your family?
Figure 11 [B] - Which potential impacts
from the Kaladan Project are you most
concerned about?
Slight
impact
11%
Very severe
impact
37%
Major impact
52%
We will lose our
land or lose access
to our land due to
the Project
52%
We will be
forced to pay
increased fees
to travel on the
Kaladan River
38%
The water in the river will become polluted 10%
Local residents from Paletwa Township have recently reported to CHRO that an interpreter
named U Ye Win has been meeting with residents along the proposed highway route and
offering compensation for the land they will lose to the Kaladan Project.119 Local residents
say they are not clear who the interpreter is working for, and report disappointment with
the small amount of compensation being offered. In one instance, villagers were offered
50 Kyats (0.6 of 1 US cent) per banana tree lost to the Project.120
Land confiscation and forced relocation to make way for large-scale infrastructure
development has been increasing under the Thein Sein government’s “opening” of Burma
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to foreign investment. Land grabbing by crony capitalists in the areas surrounding these
infrastructure projects has also been on the rise.121 With the Burma government obligated
to provide the land for the Kaladan Project, local communities are concerned that they
may be forced from their land without compensation. Any land acquisition done in the
name of the Kaladan Project, must be conducted in a fully transparent manner based on
the principal of free, prior and informed consent, and compensation offered to affected
communities must be on par with global best practice.
2.2.3 Potential for disruption of and loss of livelihoods
According to Kaladan Movement research, in the Project area approximately 90% of
residents depend on fishing and riverbank shifting-cultivation as a major part of their
livelihood. There is concern that local livelihoods will be at risk from project-related river
dredging and bank erosion caused by waves from large cargo vessels.
The United Nations Declaration on the Rights of Indigenous Peoples states that “indigenous
peoples have the right to redress [or] fair and equitable compensation, for the lands,
territories and resources which they have traditionally owned or otherwise occupied or
used, and which have been confiscated, taken, occupied, used or damaged without their
free, prior and informed consent.”122
Project implementers must ensure that the Kaladan Project does not negatively impact
the livelihoods of local residents. They should prioritize economic development for local
residents by conducting a comprehensive Economic Impact Analysis for the Kaladan
Project; from the macro-level to the micro-level. The respective governments should
provide economic development assistance to local communities to ensure that they have
the capacity continue their previous livelihoods unhindered and, if they choose, to benefit
from new livelihood opportunities that may come with the Kaladan Project. These measures
should include the provision of low-interest agriculture extension credit, small business
loans, and assistance accessing markets in India and other parts of Burma.
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Figure 12 - Agriculture and fishing are the main livelihoods along the Kaladan River
Farmers engage in riverside culivaion
Local fisherman brings in his catch
Figure 13 - Map of Burma Army Camps in Paletwa Township, Chin State
Maring Wah
Karamaih
Suilanpui
Ungtiwa
Singleh wa
KantlangNupoe
Kintal
Utalin
Turalng
Seipipin
Lapahwa Deletme
Taung Pyo
Dochaungwa
Paletwa
Kaa naung
Sami
Legend
Burma Army Camp
probable Kaladan
Project route
PALETWA
TOWNSHIP
© Kaladan Movement
Kuwah
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2.2.4 Potential for increased presence of Burma Army troops in
project area
The Kaladan Project Framework Agreement states that the Burma Government must
provide “adequate security for the machinery, materials and personnel” brought into Burma
under the Kaladan Project implementation.123 In previous large-scale projects in Burma
this “provision of security” has meant increased militarization and increased human rights
violations against local residents.124 Paletwa Township is already the most militarized
Township in Chin State, with 19 Burma Army camps. Local residents are concerned that
the presence of the Burma Army along the Kaladan Project route could be increased
under the guise of “project security.” The bottom-line is that in Burma there is an undeniable
relationship between increased militarization and the increased incidence of human rights
violations against local people.
2.2.5 Potential for restrictions on freedom of movement, access
to transportation, and illegal taxation and extortion
Given the dependence of local populations on agricultural land, rivers and forests for their
livelihoods, increased military or police presence under the pretext of providing security
for the Kaladan Project could deny local communities their freedom of movement to access
their livelihoods. According to Article 13 of the UN Declaration on Human Rights “everyone
has the right to freedom of movement…within the borders of each state.” In a recent
CHRO survey of over 600 Paletwa Township residents living along the Kaladan Project
route, 38% of respondents reported concern about increased obstacles to accessing river
transportation once the Project becomes operational. Local media have previously reported
on illegal taxation levied by authorities on local traders and residents along transport
routes including the Kaladan river.125 Civil society organizations have documented
incidences of arbitrary taxation of local people by the authorities towards the cost of
infrastructure construction and maintenance.126 Residents of Paletwa Town have reported
to CHRO that local traders have recently been charged a 2.5 percent tax.127 Such practices
could seriously hinder access of local people to the benefits offered by the Kaladan project
and could have a detrimental effect on local people’s livelihoods.
2.2.6 Potential for pollution and environmental destruction
A large-scale infrastructure development project like the Kaladan Project by its essence
impacts the environment in which it is built. Western Burma and Northeast India are
regions that are relatively isolated and ecologically diverse. Some of the major ecological
risks posed by the Kaladan Project are:
•
Disturbance to marine and freshwater ecosystems; including the destruction of mangrove
forests and seagrass beds and an alteration to the brackish water line in the Kaladan
River impacting farmers who use the river water for irrigation
• Increased levels of air and water pollution
• Destruction of lowland wet evergreen rainforest
• Loss of endangered and endemic animal and plant species
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•
Disruption of officially recognised protected areas which provide a habitat to threatened
species in the proximity of the Kaladan project area
• Loss of access to traditional medicine for local indigenous peoples
The potential loss of mangrove forests and sea grass ecosystems is linked to the coastal
area development and pollution. Mangrove forests protect against coastal erosion and
storms, are a source of fire wood, charcoal and timber for construction as well as providing
a favourable environment for fish and shrimp farming.128 Seagrass beds are important for
coastal stabilization, and as habitats for marine life including the endangered Dugong.129
With the significant loss of mangrove forests and sea grass beds in Burma in recent years,
their conservation going forward is of vital importance.130 River dredging and significantly
increased ship traffic can affect the brackish water line river deltas. An alteration to the
brackish water could lead to loss of soil fertility due to salination of riverbank farmland
where farmers use river water for irrigation.
The Phase Three highway construction is likely to lead to the degradation of areas of
lowland wet evergreen rainforest, which is known to be one of the most species-rich
ecosystems in Burma.131 Conserving the forests of Burma is important because these
areas act as sinks and reservoirs of greenhouse gases, crucial for combating climate
change. These forests also support numerous plant and animal species, and provide
livelihoods for local people through the collection of non-timber forest products. Protection
of forests in Burma is particularly important now, considering that the country had the
fourth most rapid annual net loss of forest areas globally between 1990 and 2010.132
The Kaladan Project could lead to a loss of threatened and endemic animal and plant
species due to pollution and destruction of habitats. Threatened mammal and reptile
species found in the vicinity of the Kaladan Project include the Hoolock Gibbon (hoolock
hoolock), Clouded Leopard (neofelis nebulosa), Arakan Forest Turtle (heosemys depressa),
Loggerhead turtle (caretta caretta), green turtle (chelonia mydas), hawksbill turtle
(eretmochelys imbricata), olive ridley turtle (Lepidochelys olivacea), gaur (bos gaurus),
Asiatic Black Bear (ursus thibetanus), Tiger (panthera tigris), Himalayan serow (capricornis
thar), Asiastic wild dog (cuon alpinus) and Asian elephant (elephas maximus).133 Threatened
bird species found in the vicinity of the Kaladan project include rufous-necked hornbill
(aceros nipalensis), Asian white-backed vulture (gyps bengalensis), oriental darter (anhinga
melanogaster), Lesser adjutant (leptoptilos javanicus), white winged duck (carina scutulata)
and white-browed nut hatch (sitta victoriae).
An assessment of the Kaladan River found a high number of endemic freshwater fish,
mollusc and odonata (dragonfly and damselfly) species and cited a study that recorded
42 species of fish in the Kaladan river.134 Birdlife International has identified the Kaladan
estuary as a Key Biodiversity Area worthy of conservation.135 Similarly, the International
Union for Conservation of Nature has identified the Kaladan river as an area of high
biodiversity, but also one with many data deficient species that would merit further
environmental research.136
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There are four recognized protected areas in the proximity of the Kaladan Project area;
three in Burma and one in Mizoram State. In Burma, the Nat Ma Taung (Khonumtung)
National Park, the Kyuk Pan Taung Wildlife Sanctuary, and the Wunbaik Reserved Forest
(a Marine Protected Area of mangrove forest) are all in close proximity to the Kaladan
Project area.137 In Mizoram State, the Phase Four construction will pass nearby the
Ngengpui Wildlife Sanctuary. This is significant insofar as the UN Convention of Biological
Diversity, which Burma and India have ratified, states that contracting parties are
responsible to “promote environmentally sound and sustainable development in areas
adjacent to protected areas with a view to furthering protection of these areas.”138 To date,
environmental protection plans of this kind either do not exist or have never been made
public.
Figure 14 - Location of protected areas along the Kaladan project route, as well as
other areas of high biodiversity139
These protected areas represent a
very small land area, and should be
increased. Only 4% of the Burma
Coastal Rainforest Ecoregion is
protected, and only 7% of forestland
in Burma has conservation of
biodiversity as its primary designated
function. 140 Much of the land
adjacent to the Kaladan Project,
though not officially protected, is
characterised by exceptional
biodiversity and therefore also
merits protection. The Kaladan
estuary has been identified as a Key
Biodiversity Area for bird habitat,
and two Important Bird Areas can
be found near the Kaladan project
site: one located in Kyuk Pan Taung
Wildlife Sanctuary and the other in
Ngwe Taung on the Kaladan river,
near the Chin State border.141 142 143
Protection of forests and other
marine and freshwater ecosystems
is enshrined in international laws
that Burma has ratified including:
the Kyoto Protocol (1998),144 the UN
Framework Convention on Climate
Change (1992) 145 and the UN
Convention on the Law of the Sea (1982).146 Domestic laws seeking to protect forest,
marine and river ecosystems include the Burma Forest Law (1992),147 Conservation of
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Water Resources and Rivers Law (2006)148 and the Territorial Sea and Maritime Zone
Law (1997).
The entire Kaladan Project area is rich in traditional medicine. Habitat of traditional
medicinal species such as Mizoram Achyranthes aspera, Alstonia scholaris, Actephila
exelsa, Aporusa octandra, Heyotes scandens, and Mimosa pudica will be threatened by
the Kaladan Project if protection initiatives are not given priority. Research undertaken by
the Zo Indigenous Forum shows that “the region is home to a diversity of indigenous
communities [who are] dependent on natural resource-based livelihoods [and] this diversity
of communities comes with unique socio-cultural, agro-ecological and land-holding
systems.”149 This complex interrelationship between environmental protection, natural
resource management, Indigenous Peoples’ traditional livelihoods and culture must be
seriously addressed during the implementation of the Kaladan Project.
2.2.7 Potential for violations of Indigenous Rights
The majority of the people living in Arakan and Chin States in western Burma and Mizoram
State in northeast India are ethnic and indigenous peoples who are national-level minorities
in their respective countries. To date, there has been precious little official effort to involve
these indigenous peoples in the decision-making processes surrounding the planning
and implementation of the Kaladan Project.
State-led large-scale infrastructure development projects that do not include the full
participation of local indigenous peoples are in breach of the UN Declaration on the Rights
of Indigenous Peoples (UNDRIP), which Burma and India both voted in support of at the
UN General Assembly.150 The Declaration provides for the protection of indigenous peoples
from forcible removal from their lands and stipulates that no relocation may take place
without their consent and compensation.151 The concept of Free, Prior and Informed
Consent is fundamental to ensuring the rights of indigenous peoples, and has become
global best practice for state-led infrastructure development projects. If the free, prior and
informed consent of local indigenous peoples is not sought and achieved for the Kaladan
Project, then it is clear that the Project is in violation of the UNDRIP.
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Part 3:
Current Impacts of the Kaladan Project
Work has begun on all four Phases of the Kaladan Project, although progress is still at
an early stage for Phases 2, 3 and 4. Despite being some time from full operation, significant
impacts have already been experienced by local residents in the Kaladan Project area.
A comprehensive accounting of these impacts is essential at this time in order to find
suitable solutions to any negative impacts that have already occurred, as well as to predict
and prevent potential negative impacts going forward.
This report groups the current impacts of the Kaladan Project into six categories:
1.
2.
3.
4.
5.
6.
Lack of consultation
Lack of transparency
Labour discrimination
Land confiscation and forced relocation
Threats to local cultural heritage
Ecological destruction
3.1 Lack of consultation
Surveys conducted by the Kaladan Movement in Arakan and Chin States demonstrate
that to date there is a general lack of awareness among the local population about the
Kaladan Project. Residents reported they have been provided with very little official
information about the scope of the Project or the potential positive and negative impacts
to their communities. People have not been able to participate in any decision-making
processes concerning the Kaladan Project in order to express their hopes and concerns
for this kind of large-scale infrastructure development project in the region.
The UN Declaration on the Rights of Indigenous Peoples provides for the protection of
indigenous peoples’ right to influence decisions about the development of their land and
resources, and requires that states must consult and obtain consent on development
initiatives affecting the land and resources of Indigenous Peoples’.152 To this end, the
Declaration stipulates the need for states to ensure that indigenous peoples provide their
free, prior and informed consent before implementing large-scale development projects
where they live. It is clear that local residents have not given their free, prior and informed
consent for the Kaladan Project.
In April 2012, CHRO field staff conducted survey interviews with over 600 people across
Paletwa Township, and not a single interviewee reported being involved in any public
consultation process regarding the Kaladan Project. Without any official information about
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what the Kaladan Project actually entails, local residents are very concerned about potential
negative impacts in their communities. There is widespread concern among local residents
that they will suffer serious negative impacts due to the Kaladan Project. The top three
potential negative impact concerns reported by survey interview respondents were: 1)
potential for loss of land due to project construction; 2) potential for increased obstacles
to current Kaladan River use-rights; and 3) potential for increased pollution in the Kaladan River.
A survey conducted by Kistpanaddi Working Group153 members’ the Rakhine Coastal
Environment Conservation and the Gender and Development Initiative among local
residents in Arakan and Chin States in late 2011 found that few people had heard of the
Kaladan Project. The findings of this “Kaladan Listening Project” suggest that limited or
no consultation on the project with local communities has taken place in Burma to date.154
The organizations’ concluded that many local people neither know they have rights to
organize in response to the Kaladan Project, nor do they know how to respond positively
due to a lack of information, fear, and a militarized civil administration culture.
Local residents must be consulted about the plans for the Kaladan Project and be able
to voice their hopes and concerns in a meaningful way before they can consent to having
this large-scale development project in their area.
3.2 Lack of information provided to the community and
lack of government transparency
Related to the lack of consultation among the local residents, to date very little official
information about the Kaladan project has been made available to the public by the India
and Burma government in Arakan and Chin States. A key element of Free, Prior and
Informed Consent is for affected communities to have access, in their mother language,
to detailed information on implementation plans, impact assessments, and other project
documents before any construction starts. This level of information has not been made
available by the project implementers. This lack of information provided to affected
communities is related to the more general lack of government transparency which is
status quo for large-scale infrastructure and resource extraction projects in Burma.155
Findings from the Kaladan Movement show that these concerns about lack of transparency
remain at present with the Kaladan Project.
Figure 15 - Burma government pamphlet on the Kaladan Project
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The Burma Ministry of Transport and Burma Port Authority have produced a Burmeselanguage pamphlet about the Kaladan Project, but this effort at public information falls
short in a number of ways. The information in the pamphlet is very basic. The pamphlet
makes no mention of the potential negative impacts that local residents may experience
as a result of the Project, nor ways that locals may mitigate these impacts or communicate
their concerns with the government. The pamphlet has not been produced in the languages
widely spoken within the project area, namely Arakanese, Khumi and Mara. There is no
indication that this pamphlet was distributed widely in the project area. None of the 621
respondents to the CHRO survey reported receiving such information.
Among residents along the Kaladan Project route there is very little public awareness of
what the Project actually entails or how it will impact their lives. Kaladan Movement findings
show that very few local people have a real understanding that a large-scale international
infrastructure project will be passing through the area where they live. Those that are
aware of the project had learned about the Kaladan Project through a variety of informal
means such as through local gossip and by seeing project engineers or labourers working
nearby their villages. Many people living in the project area feel it is a project being
implemented for foreign benefit and call it ‘The Indian Project.’
The India and Burma governments have an obligation to share project plans with local
residents, yet detailed implementation plans have never been made public. Important
information for local residents, such as the location of construction sites and work schedules
for the various project components, are not available. An English-language Executive
Summary of the Detailed Project Report guiding ESSAR’s Phase 1 and 2 implementation
was available on the internet, but the full DPR was never released publicly. The DPR or
other information about the project was never translated into local languages, and was
never distributed among communities in the project area.
A DPR for the Phase 3 Paletwa-Myeikwa highway has never been publicly released, and
there is a great deal of uncertainty among local people as to what this land-intensive
infrastructure construction Phase will entail. The bidding process for the Phase 3 highway
construction contract has not been transparent, and the main contractor for this Phase is
still not publicly known. Early indications were that the Burma Ministry of Transport had
selected the Burmese conglomerate Max Myanmar to complete Phase 3 construction.
This process for selecting the Phase 3 contractor must be conducted transparently and
all related documents must be made publicly available in local languages.
While the early stages of the Kaladan Project were conducted in a very non-transparent
manner, the parties implementing the project can ensure that everything is conducted
transparently in the future. President Thein Sein’s government has recently made a public
commitment to work towards full transparency in Burma’s resource extraction sector,
through initiatives such as the Extractive Industries Transparency Initiative.156 Critics claim
that this was a cynical move aimed solely at attracting foreign investment, with only lipservice being paid to the civil society monitoring side of the equation. If the Burmese
government is serious about democratic development, the Kaladan Project should not go
ahead unless basic principles of transparency and accountability are guaranteed for local
people.
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3.3 Lack of comprehensive and public Environmental,
Health and Social Impact Assessments
The Kaladan Project tender documentation states that “no Environmental Impact
Assessment study is required” for the Burma-side project construction, thus removing this
responsibility from any future Indian contractor.157 The document does go on to state that
“permission from local authorities on account of environmental or any other clearance
required under local laws of Myanmar (Burma) are to be facilitated by the Consultant as
per the provisions in Article-5 of the Framework Agreement” meaning that any environmental
clearance is the responsibility of the Burma government alone.158 The Indian government
has effectively cleared itself of any responsibility to ensure environmental best practice
for the Kaladan Project.
The Indian embassy in Burma continues to stick to this position in the face of calls from
local communities for a full EIA to be conducted. In January 2011, a spokesperson from
the Indian Embassy in Burma made a statement dismissing the need for impact
assessments for the Kaladan Project, stating that there is “no value in a third party
reassessment of the environmental, social and health impact of a clean project of this
kind.”159
However, an EIA has been conducted for the Phase 4 construction in Mizoram State,
revealing that different standards are being applied in Burma and India.
That being said, according to field research by the Zo Indigenous Forum, local residents
in Lawngtlai have complained that the EIA conducted in Mizoram State for the Phase Four
construction has been unsatisfactory. Locals feel that the issues raised by community
representatives at the Public Hearing have not been taken into consideration during project
implementation and the commitments made by government officials at the hearing have
never been implemented.
The Kaladan Project is being entirely financed by India, and the Indian government should
take all necessary steps to ensure that best-practice is used on the Burma-side as well
as the India-side. A bare minimum for best-practice would be deferring to equivalent Indian
laws in cases where Burmese law does not exist or is unclear. As there is no clear
requirement for Environmental Impact Assessments in Burmese law, India should defer
to its own 2006 Notification on Environmental Impact Assessment which would require
an Environmental Impact Assessment and Environmental Clearance for an infrastructure
development project such as the Kaladan Project.160
There are also international guidelines161 - such as the World Bank’s Safeguard Policies162
and the International Finance Corporation’s Performance Standards163 - under whose
criteria a project the size of the Kaladan Project must be preceded by a full EIA. The World
Bank states that projects that are likely to have significant adverse environmental impacts
and therefore require a full EIA include port and harbour development and river basin
development projects.164
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To date, no Environmental Impact Assessment (EIA), Health Impact Assessment (HIA)
or Social Impact Assessment (SIA) have been conducted for the Burma-side implementation
of the Kaladan Project - or if they have the findings have never been made public. In
February 2012 Burmese government officials promised to conduct an EIA and SIA for the
Kaladan Project. At a 15 February 2012 press conference presidential adviser U Ko Ko
Hlaing - alongside representatives of the Burma Port Authority and Inland Waterways
Authority of India - pledged that the Burmese government would conduct an EIA and SIA
before any future large-scale development project.165 The following week, in response to
a question raised by Dr. Aye Maung chairman of the Rakhine Nationalities Development
Party in the Amyotha Hluttaw, Minister for Transport U Nyan Tun Aung stated that the
government would coordinate with India to conduct an EIA and SIA in order to reduce any
negative effects from the Kaladan Project.166 According to Kaladan Movement research,
to date, people living in the Kaladan Project area are not aware of any concrete action
taken by the government to follow-up on these important promises.There have been
rumours that an EIA for the Phase 3 of the Kaladan Project has been conducted by a
South Korean Consultancy under contract to the Indian Ministry of External Affairs, but
no evidence of this work, nor the findings of the assessment have ever been made public.
The Rio Declaration on Environment and Development Principle 10 states that
environmental issues are best handled with the participation of all concerned citizens,
which includes ensuring that individuals have access to information and the opportunity
to meaningfully participate in decision-making processes. Considering the large size of
the Kaladan Project - and the scope of its potential negative impacts - the government of
Burma must be proactive in working with the Indian government to ensure that
comprehensive impact assessments are completed and made public before the project
goes any further.
3.4 Labour discrimination
Labour discrimination is embedded in the Kaladan Project’s 2008 Framework Agreement.
Article 17 of the Agreement states that “Indian labour laws, including rates of payment
and compensation, will apply to Indian personnel including technicians [while] Myanmar
(Burma) workers shall be subject to Myanmar labour laws.”167 On the ground this stipulation
has resulted in unrest among local labourers who feel as if they are being treated as
second-class citizens in their own state. At the Site-tway Port site, local labourers face
discrimination in terms of their working conditions and wages. The unrest has been growing.
On 8 August 2012, approximately 40 ESSAR workers from the Site-tway Port construction
site staged a strike in front of the local ESSAR office to bring attention to their grievances
about not being treated equally to Indian workers on the site.168
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
43
Figure 16 - Workers strike at ESSAR office in Site-tway, Arakan State
According to field research conducted by the Arakan Rivers Network, the workers had
four main demands in response to what they consider to be unfair treatment compared
to Indian workers at the site:
1. Local workers should receive a standard minimum wage of 5,000 kyats per day. In
comparison Indian workers receive at least 700,000 kyats per month (approximately
23,000 kyats per day).
2. Local workers should receive their wages in a timely and standardized manner. At
present wages are often distributed late, and managers are able to cut workers wages
at their discretion.
3. Local workers should receive the pay raises that were promised when they were hired.
4. Local workers should be provided with adequate equipment. At present Indian welders
receive two boiler suits, whereas local welders have only received one boiler suit and
are reprimanded if the suit is dirty. At present local labourers are made to work all day
in the rain without proper rain protection gear (hats, jackets and boots).
During the strike, Burma army soldiers brandishing machine guns approached the crowd
and dispersed the strikers. ESSAR has to date not responded to any of the strikers’
demands.
One of the potential benefits of the Kaladan project is the provision of employment
opportunities for local people, which can help improve livelihoods and contribute towards
poverty alleviation. However, for this benefit to be realized it is important that fair
remuneration and employment standards are maintained for all employees on all Kaladan
Project construction sites.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
44
3.5 Land confiscation and forced eviction
Article 3 of the Kaladan Project Framework Agreement states that “the land required for
the project will be provided gratis by the Government of the Union of Myanmar (Burma).”169
As per its responsibilities in the Agreement, the Burmese government has committed to
providing six hectares of land to accommodate the new port complex at Site-tway, and
three hectares to accommodate the new port complex at Paletwa.170
The six hectares of public land provided by the Burma government at Site-tway consists
of coastal/delta land which was previously used by local fishers and boatmen, and as a
recreational site for local residents.
The three hectares of public land provided by the Burma government at Paletwa Town
were previously used to cultivate beans and peas, as well as for banana and mango
orchards.171 The area of the port and trans-shipment terminal will be nearly the same size
as Paletwa Town itself.
Figure 17 - Planned location of port and starting point of Phase 3 highway at Paletwa
Town, Chin State
To India
border
PHASE 3
HIGHWAY
PALETWA
TOWN
PORT
The Burma government is also responsible for providing the land on which the Phase 3
highway is to be built. Local residents are concerned that significant land acquisition will
be needed for the highway construction between Paletwa Town and MyaikWa at the India
border. As the DPR for this Phase has not been made public, it is unknown what route
the highway will take or exactly how much land will be required for its construction. This
is concerning for locals as it is anticipated that much of the land acquired will be agricultural
land that local residents depend on as a crucial element of their livelihoods.
In Mizoram State, construction of the Phase four Lanwgtlai-Lomasu highway has been
halted since December 2012 in response to “stay-orders” and physical blockades organized
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
45
by the Indo-Burma Border Road Land Owners Association (LAO) representing local
residents upset over the little or no compensation they have been offered for land that is
marked for confiscation. 172
Out of a total of 913 land compensation claims along the planned Lawngtlai-Lomasu
highway route, only 166 had been paid-out, with the government denying the validity of
the 747 outstanding land claims.173 The LAO is demanding that these 747 land claims be
assessed by the Mizoram District Commissioner, and that the rate of 50 Rupees per
square foot be paid as compensation.174 The President of the LOA stated that “the
compensation in Lawngtlai is very low compared to other places . . . for the Aizawl-Lunglai
highway the Mizoram government paid compensation of Rs 50 per square foot, and for
the Indo-Bangladesh Border Fence the Central government of India paid the same
compensation rate . . . we are only being offered compensation of Rs 3.50 per square
foot.”175
The disagreement stems from discrepancies between the national, state and local level
land tenure records as well as the recognition of customary land rights. The main issue
is that land titles for “Degraded jhum land” issued by the Lai Autonomous District are not
recognized by the Mizoram State and National governments. To date, the 747 outstanding
claimants from Lawngtlai District have made land claims based on their title papers for
“Degraded jhum land”; land which had been re-classified as “Forest land” in the revised
DPR for the Phase four highway construction.
The original 2008 Detailed Project Report (DPR) prepared by the Mizoram Public Works
Department, in cooperation with the Lai Autonmous District, states that three classifications
of land are required to be appropriated for the Lawngtlai-Lomasu highway construction:
“Private land” (42.84 ha), “Forest land” (15.24 ha) and “Degraded Jhum land” (181.50
ha). In July 2009, the North East Region Ministry of Environment and Forest requested
the Environment and Forest Department of Mizoram State to re-examine the 2008 DPR,
specifically concerning the classification of “Forest land,” and create a revised DPR based
on their findings. As there is no national-level recognition of the classification “Degraded
jhum land,” the Environment and Forest Department disregarded the Lai Autonomous
District’s land title papers for “Degraded jhum land.” All land previously classified as
“Degraded jhum land” - by far the largest category - were re-classified as “Forest land”
without the consent of the Lai Autonomous District Council, the principal authority on land
and land revenue in Lawngtlai district. This re-classification effectively blocked the owners
of the 181.50 hectares of “Degraded jhum land” from accessing compensation for their
lost land.
The Deputy Commissioner of Lawngtlai District sent a letter on 10 December 2012 to the
Mizoram State Chief Minister’s office outlining the grievances of the LAO, and requesting
that a solution be found.176 The Lanwgtali Deputy Commissioner suggested that the
Mizoram State Environment and Forest Department work to reverse the re-classification
from “Degraded jhum land” to “Forest land” in the revised DPR, so that the Lawngtlai
Distrist Commissioner would be able to accommodate the demands of the LOA.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
46
The root of the problem is that the central Indian government, the Mizoram State
government and the local government - the Lai Autonomous District Council - have all
been issuing different classifications of land title papers for the same area of land. Mizorambased anti-corruption NGO PRISM has reported that the process for documenting land
ownership in the area is seriously hindered by duplication and corruption. The organization
used Right To Information requests to calculate that for Mizoram State, government
documents from all levels record land holdings of 435,446,533 square kilometers while
the entire land area of Mizoram State is only 21,080 square kilometers.177 This massive
discrepancy is caused by multiple claims being made over the same land through
duplications of Land Settlement Certificates and pattas (land ownership document from
the Revenue Department).178
While there is clearly a serious problem with the way that land title documents have been
issued in Mizoram State, this does not mean that the grievances and land claims of the
local residents in Lawngtlai district can be bulldozed. The Indian government must ensure
that every person who will lose land to the Kaladan Project Phase four highway construction
will received adequate compensation for their loss.
3.6 Destruction of local cultural heritage
“These mountains are historically significant places and are 73 miles from Sitetway. If they really need stones for the Kaladan project, there are a number of other
mountains along the river. It is illogical to dig the stones from the Shwe Taung and
Ngwe Taung mountains. This is the destruction of the beliefs of an ethnic nationality
and more importantly, our valuable historical heritage.” [protesters at Shwe Taung
and Ngwe Taung]
Two important local cultural sites at Shwe Taung and Ngwe Taung villages in Mray Bon
Township, Arakan State have been destroyed due to stone mining for the Site-tway port
construction. The Shwe Taung and Ngwe Taung mountains are respected locally as ancient
Arakanese monuments. It is believed that these monuments were built in AD-792 by King
Saw Mwan in dedication to the Arakanese kingdom. King Saw Mwan originally built six
monuments, four of which have since been rebuilt. Shwe Taung and Ngwe Taung were
in the process of being rebuilt when the mining operation was started.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
47
Figure 18 - Arakan Historical Heritage being destroyed for the Kaladan Project
Figure 19 - The construction of the Site-tway Port has altered the harbour environment
Site-tway harbor area before land
reclamaion process began;
January 2011
Sand and rocks being displaced during
land reclamaion process at the Site-tway
deepsea port site; December 2011
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
48
Rakhine State Chief Minister U Hla Maung Tin hired local businessman U Than Shwe
Maung to mine aggregates and large slabs of stone from the Shwe Taung and Ngwe
Taung mountains. On 12 February 2012, without prior warning or consultation, U Than
Shwe Maung and 20 of his employees arrived at Ngwe Taung mountain, and began
digging-up stones. It is believed that the aggregates mined from the mountain were to be
used for the Site-tway port construction.
In response to the mining operation, approximately 150 local people staged a protest at
the site. The protesters state that the mountains are ancient Arakanese heritage sites.
Local residents are angry because they did not give their consent for this mining operation.
Residents feel that this is a disrespectful attempt to destroy their local cultural heritage.
In order to complete this work in the face of opposition from local residents, U Than Shwe
Maung collaborated with current Mray Bon Township Administrator Min Khine Win. The
protesters successfully suspended the mining work for twelve days, but on 24 February
2012 Mray Bon Township Administrator Min Khine Win ordered the village to end the
protest. Min Khine Win vowed that the mining would go ahead, and threatened the use
of heavy machinery if the villages did not cooperate. Min Khine Win then appointed a new
Village Head, U Maung Ba Sein, to quell protests.
3.7 Riverine ecological destruction from aggregate mining
and dredging
Residents of Site-tway have complained of pollution and destruction of local coastal land
and beaches as a result of the port construction.
At the end of 2011, a local newspaper in Arakan state reported that residents of Site-tway
complained of dust and sand pollution linked to the deepsea port construction.179 This
was of particular concern due to the proximity of the construction site to the Site-tway
hospital. Arakan River Network field research has found that the natural beauty of Point
Beach in Site-tway has also been damaged due to sand being removed and used for
landfill at the port construction site. These concerns were raised by a local MP to the
regional government and a local campaign started in January 2012 in protest at the
damage to the environment.180
There are concerns about the environmental impacts of the dredging operations that will
be conducted at various points along the Kaladan River between Site-tway and Paletwa,
and at the Paletwa Port site itself, to clear the way for the up to 200 metres long IWT
cargo ships. Additional dredging of local streams and creeks is planned in order to collect
aggregates to be used for the construction of the Phase Three highway. Local residents
are concerned that this dredging will negatively impact the fragile stream and creek
ecosystems in remote areas of northern Paletwa Township.
Comprehensive environmental impacts assessments must be conducted for all dredging
operations related to the Kaladan Project; including those on the Kaladan River as well
as its tributaries and nearby streams and creeks.
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
49
Conclusion
As this report has shown, the Kaladan Project has the potential to be either a net benefit
or a net loss to the people living along the project route. The Kaladan Movement believes
that the people living in the project area should be the main beneficiaries of this largescale infrastructure development. Under no circumstances is it acceptable for human
rights violations to be perpetrated during the implementation of the Project. The
implementation of the Kaladan Project should be fully transparent and should ensure full
local public consultation and participation; the benefits of the project go to the least
advantaged communities; and accountability for ALL stakeholders involved in the project.
Unless and until these essential elements are fulfilled, the Kaladan Project should be
suspended.
This report has examined some of the potential benefits which the Kaladan Project may
bring to local people, including: improved transportation infrastructure; increased trade
opportunities for local farmers and producers; lower food prices and improved access to
food; employment opportunities on project construction and maintenance; and economic
development for local small and medium sized enterprises.
This report has also examined some of the potential negative impacts which may be
experienced by local people due to the Kaladan Project, including: the use of forced labour
during project construction; land confiscation and forced eviction; disruption of and loss
of livelihoods; increased presence of Burma Army troops; restrictions on freedom of
movement and access to transportation; illegal taxation and extortion; pollution and
environmental degradation; and violations of indigenous peoples’ rights.
To date, six major negative impacts have already been experienced by people living along
the Kaladan Project route. These are: lack of consultation; lack of information and
transparency; labour discrimination; land confiscation and forced relocation; threats to
local cultural heritage; and ecological destruction.
Whether the Kaladan Project provides a net benefit or a net loss to local people depends
on the way in which the Project is implemented. The Kaladan Movement urges the project
implementers to be pro-active in identifying potential negative impacts before they happen.
This report has aimed to highlight problematic impacts and propose sensible practices
and policies to prevent and mitigate these impacts in the future. In this light, the Kaladan
Movement makes the following recommendations to the governments of India and Burma:
1. Conduct fully-participatory consultations with local people
2. Prevent human rights abuses
3. Conduct Health, Environmental and Social Impact Assessments and make results
public
4. Identify and develop a mitigation plan for potential negative health, environmental,
social and economic impacts
5. Prioritize economic development for local residents
6. Prioritize employment opportunities for local residents
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
50
________________________________________
Endnotes
1
Zel Thang, Thawng. “Kaladan Project Resumed in Chin State.” Chinland Guardian, 3 November 2012. http://www.
chinlandguardian.com/index.php/news/item/1420-kaladan-project-resumed-in-chin-state
2
Institute of Peace and Conflict Studies. “India’s Strategic Interests in Myanmar: An Interview with Shyam Saran.”
IPCS Special Report 98, February 2011. http://ipcs.org/pdf_file/issue/SR98-ShyamSaranInterview.pdf
3
Marshall, Andrew R.C. “India Seeks to Heal Bad Blood on Myanmar Visit.” Reuters, 27 May 2012. http://www.reuters.
com/article/2012/05/27/us-myanmar-india-idUSBRE84Q06W20120527
4
The Framework Agreement between the Government of the Republic of India and the Government of the Union of
Myanmar for the construction and operation of a multi-modal transit transport facility connecting Sittwe port with the
state of Mizoram (2008). http://iwai.nic.in/nit/Frameworkagreement.pdf
5
Arakan Rivers Network. Kaladan Multi-Modal Transit Transport Project: A preliminary report from the Arakan Rivers
Network. November 2009. http://www.arakanrivers.net/wp-content/uploads/2009/11/Preliminary-Report-of-KaladanMulti-Mulda-Transit-Transport-Project.pdf
6
See “Invitation for Expression of Interest for Shortlisting of Main Contractor for Construction of Multi Modal Transit
Transport Facility in Myanmar” for more detail of Kaladan Project construction phases: http://iwai.gov.in/nit/
EOIdocument030609.pdf
7
Essar Group. “Essar Wins Prestigious Project in Myanmar.” Corporate press release, 14 May 2010. http://www.essar.
com/article.aspx?cont_id=ywBmcC5QmHU=
8
In internal DONER meetings IWAI has confirmed that Phase 1 and 2 will be completed by June 2013 pending timely
approvals by the government of Myanmar, but if these approvals are not forthcoming IWAI estimates the completion
date will be June 2014. See “Minutes of the 6th Meeting of the Indo-Myanmar Inter-Ministerial Group” for more details.
9
The Executive Summary from the original Detailed Project Report is available here: http://iwai.gov.in/misc/highway.
pdf
10
As of May 2012, the revised Detailed Project Report was under preparation by IRCON, according to “Minutes of the
6th meeting of Indo-Myanmar IMG - 4.5.2012 – point 3.”
11
MEA Update “Status as on 28 February, 2011”; Thein, Cherry. “Kaladan Transport Project in Spotlight.” Myanmar
Times. 5-11 December 2011. http://mmtimes.com/2011/news/604/news3160407.html
12
Arakan and Chin State Township population data from the Myanmar Information Unit, see “MIMU841v03_5 Feb
13_Chin_St_Population_HMIS-2011_A3” at http://www.themimu.info/docs/MIMU841v03_5%20Feb%2013_Chin_
St_Population_HMIS-2011_A3.pdf &“MIMU841v03_6 Feb 13_Rakhine_State_Population_HMIS-2011_A3” at http://
www.themimu.info/docs/Population%20Map_Rakhine%20St_HMIS_2011_MIMU841v03_5Feb13_A3.pdf. Lawngtlai
District population data taken from http://www.census2011.co.in/census/district/392-lawngtlai.html
13
Previous meetings took place on 30 May 2011 and 14-15 February 2012.
14
Project Monitor. “ESSAR to construct jetties in Myanmar.” 17 May 2010. http://www.projectsmonitor.com/PORT/
essar-to-construct-jetties-in-myanmar
15
Inland Waterways Authority of India. “Newsletter.” Issue 1, 2011 http://iwai.gov.in/Jaltarang/Jaltarang_I_issue_11_Final.
pdf
16
One Rupee crore is equal to ten million Rupees. As of early 2013, one million US dollars could be exchanged for
approximately 53 million Rupees, or 5.3 Rupee crore.
17
For more on the DPA, see http://www.mea.gov.in/development-partnership-administration.htm & the Aspen Institute
India video “Session on ‘India’s Foreign Policy: New Initiatives for Development Partnership” at http://www.youtube.
com/watch?v=KCLgsNtqtq4&list=UUIvdd1ncT8Z9OtE6gEXc8HQ&index=5
18
Framework Agreement, Article 3.
19
Marshall, Andrew R.C. “India Seeks to Heal Bad Blood on Myanmar Visit.” Reuters, 27 May 2012. http://www.reuters.
com/article/2012/05/27/us-myanmar-india-idUSBRE84Q06W20120527
20
Bihar Times. “MEA Demands for Grants (2012-2013).” http://www.bihartimes.in/Newsbihar/2012/May/MEA%20
Demand%20for%20Grants%202012-13.pdf
21
Narinjara Independent Arakanese News Agency. “Kaladan Multimodal Transit Project Hollow for Arakanese People.”
21 December 2010. http://www.narinjara.com/details.asp?id=2835
22
Press Information Bureau, Government of India. “Prime Minister’s address to the think-tanks, intellectuals and Business
Community in Yangon.” 29 May 2012 http://pib.nic.in/newsite/PrintRelease.aspx?relid=84565
23
Another potential delay is related to inter-ministerial mis-coordination regarding three dam projects upstream of the
Kaladan Project IWT: the Kolodyne–II Hydroelectric Dam on the Kaladan River, and the Chhimtuipui and Lungleng
storage reservoir dams on nearby tributaries. There is concern about maintaining sufficient water-levels to accommodate
large cargo ships in the IWT section of the Kaladan River if/when these three upstream dams are constructed. See
Dikshit, Sandeep. “India-Myanmar transport project hits roadblock.” The Hindu, 2 May 2012. http://www.thehindu.
com/news/national/indiamyanmar-transport-project-hits-roadblock/article3377718.ece
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
24
Press Information Bureau, Government of India. “Prime Minister’s address to the think-tanks, intellectuals and Business
Community in Yangon.” 29 May 2012 http://pib.nic.in/newsite/PrintRelease.aspx?relid=84565
25
Mizzima News. “Myanmar, India aim to step up pace on Kaladan project.” 15 February 2013. http://www.mizzima.
com/news/inside-burma/8910-myanmar-india-aim-to-step-up-pace-on-kaladan-project.html
26
Draitser, Eric. “Race on for ports, pipelines in Myanmar.” Asia Times, 28 March 2013. http://www.atimes.com/atimes/
Southeast_Asia/SEA-01-280313.html
27
IWAI “Standard Request for Proposals/Tender for Selection of Consultant (2009)” available here: http://iwai.nic.in/
nit/TDFOKALADANMULTIMODALTRANSITTRANSPORTPROJECTINMYANMARHQ120109.pdf.
28
The existing jetty dating from 1917 is approximately 16 metres wide and 80 metres long.
29
Archival satellite images from Google Earth.
30
Inland Waterways Authority of India. “Standard Request for Proposals.” January 2009.
31
Deadweight tonnage (DWT) is a measure of how much weight a ship is carrying or can safely carry.
32
See http://www.indiaembassy.net.mm/index.php?option=com_content&view=article&id=304&Itemid=112&lang=en
33
Inland Waterways Authority of India. “Standard Request for Proposals.” January 2009.
34
Inland Waterways Authority of India. “Executive Summary of DPR for Port & IWT.” http://iwai.gov.in/misc/portiwt.pdf
35
Inland Waterways Authority of India. “Standard Request for Proposals.” January 2009.
36
Thein, Cherry. “Govt agrees to Kaladan impact assessments.” Myanmar Times, 12-18 March 2012. http://www.
mmtimes.com/2012/news/618/news61814.html
37
Inland Waterways Authority of India. “Standard Request for Proposals.” January 2009.
38
Inland Waterways Authority of India. “Standard Request for Proposals.” (page 52) January 2009.
39
Unni, N. (Project Coordinator from Inland Waterways Authority of India) “Objective of the Project: To develop a transport
link between Sittwe and Myanmar-India border.” PowerPoint presentation.
40
Sanyal, Santanu. “New inland water transport route from N-E faces hurdles.” The Hindu Business Line, 26 August
2 0 1 2 . h t t p : / / w w w. t h e h i n d u b u s i n e s s l i n e . c o m / i n d u s t r y - a n d - e c o n o m y / l o g i s t i c s / a r t i c l e 3 8 2 4 4 1 7 .
ece?homepage=true&ref=wl_home
41
CHRO Field Staff interview with Paletwa resident, April 2013, on file with CHRO.
42
Inland Waterways Authority of India. “Executive Summary of DPR for Port & IWT.” http://iwai.gov.in/misc/portiwt.pdf
43
Inland Waterways Authority of India. “Executive Summary of Detailed Project Report for a Highway from Setpyitpyin
(Kaletwa) to India–Myanmar Border in Myanmar.” http://iwai.gov.in/misc/highway.pdf
44
Thein, Cherry. “Kaladan Transport Project in Spotlight.” Myanmar Times, 5-11 December 2011. http://mmtimes.
com/2011/news/604/news3160407.html
45
Sanyal, Santanu. “New inland water transport route from N-E faces hurdles.” The Hindu Business Line, 26 August
2 0 1 2 . h t t p : / / w w w. t h e h i n d u b u s i n e s s l i n e . c o m / i n d u s t r y - a n d - e c o n o m y / l o g i s t i c s / a r t i c l e 3 8 2 4 4 1 7 .
ece?homepage=true&ref=wl_home
46
Indian Ministry of Road Transport and Highways. “Special Accelerated Road Development Programme for North East
(SARDP-NE) (As on 5.7.2010).” http://www.mdoner.gov.in/sites/default/files/silo3_content/railways/List_of_Roads.
pdf
47
Government of Mizoram. “Multi Modal Transport Project Site Visit.” Government press release, 28 June 2011. http://
dipr.mizoram.gov.in/press-release/multi-modal-transport-project-site-visit/lang/en
48
Indian Ministry of Road Transport and Highways. “Special Accelerated Road Development Programme for North East
(SARDP-NE) (As on 5.7.2010).” http://www.mdoner.gov.in/sites/default/files/silo3_content/railways/List_of_Roads.
pdf
49
Government of Mizoram. “Multi Modal Transport Project Site Visit.” Government press release, 28 June 2011. http://
dipr.mizoram.gov.in/press-release/multi-modal-transport-project-site-visit/lang/en
50
The Telegraph (Calcutta, India). “Mizo road link makes progress.” 29 June 2011. http://www.telegraphindia.com/1110629/
jsp/northeast/story_14170839.jsp
51
All of the roads constructed under Phase A of SARDP-NE are slated for completion by March 2015, see http://www.
mdoner.gov.in/content/sardp-ne#road
52
Project Monitor. “Inter-ministerial team to visit Myanmar to review Kaladan Project.” 20 February 2012. http://www.
projectsmonitor.com/PrintArticle.aspx?aid=9004&sid=0
53
Directorate of Trade & Commerce, Government of Mizoram. “Citizen’s Charter 2012.” http://tradeandcommerce.
mizoram.gov.in/uploads/files/citizen-charter.pdf
54
Minutes of the 6th meeting of Indo-Myanmar IMG - 4.5.2012 – point 5. http://mdoner.gov.in/sites/default/files/silo2_
content/Look%20East%20Policy/MINUTES%20OF%20IMG%20MEETINGS/Minutes%20of%20the%206th%20
meeting%20of%20Indo-Myanmar%20IMG%20-%204.5.2012.docx
K a l a d a n
51
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
52
55
A 19 March 2008 cable from the US Consulate in Kolkata stated, “a project of the magnitude of the [Kaladan Project]
is bound to have environmental, social, and political consequences, yet [none of Indian government officials who met
with the US Consulate] appeared concerned about such issues [other than the economic benefits].” See Cable
Reference ID 08KOLKATA99 http://wikileaks.org/cable/2008/03/08KOLKATA99.html
56
Indian Ministry of External Affairs. “Lok Sabha unstarred question no. 246 Kaladan multimodal project to be answered
on 23.02.2011.” http://meaindia.nic.in/myprint.php?id=220217218&d=22&sz=c&m=&y=&pg=&flg=&searchdata1=
57
Vibhanshu Shekhar and Papori Phukan. “Kaladan multi-modal project in Myanmar.” 28 August 2008. http://saeagroup.
com/articles/2008/august/Kaladan%20Multi-modal%20Project%20in%20Myanmar.pdf
58
Seshadri, V.S. “An invitation from a neighbor.” The Hindu, 19 April 2013. http://www.thehindu.com/opinion/lead/aninvitation-from-a-neighbour/article4634190.ece
59
Since 2012, Chinese ships on anti-piracy missions have docked at Burma’s ports, although there are no official
Chinese naval facilities in Burma despite speculation about Chinese presence on the Coco Islands.
60
Chellaney, Brahma. “Countering China’s ‘string of pearls’.” The Washington Times, 6 May 2013. http://www.
washingtontimes.com/news/2013/may/6/countering-chinas-string-of-pearls/
61
Mohan, C. Raja. “India-Myanmar Naval Diplomacy.” Indian Express, 11 March 2013. http://carnegieendowment.
org/2013/03/11/india-myanmar-naval-diplomacy/fpjh
62
Dragon, Daring. “1st India-Myanmar naval exercise.” Deccan Herald, 8 March 2013. http://www.deccanherald.com/
content/317533/1st-india-myanmar-naval-exercise.html
63
Institute of Peace and Conflict Studies. “India’s Strategic Interests in Myanmar: An Interview with Shyam Saran.”
IPCS Special Report 98, February 2011. http://www.ipcs.org/pdf_file/issue/SR98-ShyamSaranInterview.pdf
64
“Gas pipeline is planned along the Kaladan River from Nengpui in Southern Mizoram to Sittwe Port.” (page 96)
Chapter Four: Manipur. http://www.ide.go.jp/English/Publish/Download/Jrp/pdf/133_6.pdf
65
Shwe Gas Movement. “Sold Out: launch of China pipeline project unleashes abuse across Burma.” September 2011.
http://www.shwe.org/sold-out-new-report/
66
Gulf Daily News. “MTI renews Indian Oil contract.” 12 May 2013. http://www.gulf-daily-news.com/NewsDetails.
aspx?storyid=353114
67
Jacob, Shine. “OVL, OIL may buy India energy ticket to Myanmar.” Business Standard, 25 April 2013. http://www.
business-standard.com/article/companies/ovl-oil-may-buy-india-energy-ticket-to-myanmar-113042400538_1.html
68
Tayal, S.K. “Need to tap Myanmar’s gas reserve for North-East: Meghalaya Governor.” The Hindu Business Line, 21
March 2013. http://www.thehindubusinessline.com/news/states/need-to-tap-myanmars-gas-reserve-for-northeastmeghalaya-governor/article4534012.ece
69
Rahman, M. Azizur. “Bangladesh, China, India, Myanmar urge joint ventures in energy sector.” Platts, 25 February
2013. http://www.platts.com/RSSFeedDetailedNews/RSSFeed/ElectricPower/8175242
70
Press Information Bureau, Government of India. “Joint Statement on the occasion of the visit of Prime Minister of
India Dr Manmohan Singh to Myanmar.” 28 May 2012. http://pib.nic.in/newsite/PrintRelease.aspx?relid=84517
71
Singh, Bikash. “Budget 2013: In Look East Policy, FM finally eyes linking Northeast India with Myanmar.” The Economic
Times, 28 February 2013. http://articles.economictimes.indiatimes.com/2013-02-28/news/37353079_1_myanmarfinance-minister-northeast-india
72
Indian Ministry of External Affairs. “India-Myanmar relations.” Government press release, May 2012. www.mea.gov.
in/mystart.php?id=50044503
73
Roy, Shobha. “India, Myanmar bilateral trade likely to double.” The Hindu Business Line, 13 September 2012. http://
www.thehindubusinessline.com/economy/india-myanmar-bilateral-trade-likely-to-double/article3892379.ece
74
Whittle, Thomas. “India-Myanmar joint venture talk to by held in Myanmar.” Xinhua, 1 April 2013. http://www.nzweek.
com/world/india-myanmar-joint-venture-talk-to-be-held-in-myanmar-57310/
75
Military cooperation being the other key issue of discussion at these high-level meetings.
76
IBNS. “Indian Chamber of Commerce delegation explores Myanmar.” 13 March 2013. http://www.indianoon.com/
news/business/indian-chamber-of-commerce-icc-delegation-explores-myanmar-3824.html
77
Pulipaka, Sanjay. “India-Myanmar Connectivity: A Strategic Imperative.” Indian Council for Research on International
Economic Relations (ICRIER) Issue Brief, Volume 3 Issue 1, 31 March 2013. http://icrier.org/ICRIER_Wadhwani/
Index_files/issue%20Brief-%2031-March-2013.pdf
78
Nehru, Vikram. “Six Reasons for India to Look East.” Carnegie Endowment for International Peace, online article, 26
February 2013. http://carnegieendowment.org/2013/02/26/six-reasons-for-india-to-look-east/fktk
79
India also has Free Trade Agreements with East Asian countries Japan and South Korea.
80
Naing, Tin Htoo. “Myanmar’s Important Position to Enhance Regional Connectivity.” Power point presentation, 20-21
September 2012. http://ris.org.in/images/RIS_images/pdf/20-21%20sept%202012%20meeting/Tin.pdf
81
Hartley, Morgan, and Chris Walker. “Burma’s second chance for trade with India.” Forbes, 26 February 2013. http://
www.forbes.com/sites/morganhartley/2013/03/26/burmas-second-chance-for-trade-with-india/
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
82
Gottipati, Sruthi. “India Reaches Out to Myanmar.” New York Times – India Ink, 29 May 2012. http://india.blogs.
nytimes.com/2012/05/29/india-reaches-out-to-myanmar/
83
The Trilateral Highway Project was initiated in 2005 under the Mekong-Ganga Cooperation Initiative with an estimated
cost of US$700 million. The 1,360 km highway will start at Moreh, India passing through Bagan, Burma before
terminating at Mae Sot, Thailand. The Trilateral Highway overlaps other regional highway initiatives the East West
Economic Corridor and the Asian Highway #1.
84
Parashar, Sachin. “Driving to Thailand from India Could Be a Reality by 2016.” Times of India, 29 May 2012. http://
articles.timesofindia.indiatimes.com/2012-05-29/india/31887358_1_trilateral-highway-sittwe-president-u-thein-sein
85
“Full text of Chidambaram’s Budget speech.” 28 February 2012. http://www.indiatvnews.com/budget/news/full-textof-chidambaram-s-budget-speech-35.html?page=9
86
That being said, the infrastructure is not always as well-developed as stated by officials or hindered by other obstacles,
as noted by an Indian academic Jabin T. Jacob, “while the land customs station at Zokawthar on the border with
Myanmar has an authorized State Bank of India (SBI) branch, this branch has no authority to conduct foreign exchange
transactions [and] only the SBI branch in Champhai, 27kms away from the border that has permission to do so.”
http://indiandchina.com/2013/02/28/issues-and-considerations-in-connectivity-projects-in-the-bcim-region/#more-463.
87
“Approved trade items include: mustard/rape seed; pulses and beans; fresh vegetables; fruit; garlic; onion; chillies;
spices; betel nuts and leaves; food items for local consumption; roasted sunflower seeds; minor forest produce
(excluding teak); bamboo; tomato; reed broom; coriander seeds; resin; ginger; sesame; tobacco; katha; soyabean;
teak; natural resin; gum and oleo resins; ground nut seeds/oil/peanuts; rice (restricted to 50,000 M.T. per year);
bamboo based household products and bamboo caps; pepper; agarwood; animal skin and hides; raw cotton and
mats.” Kabra, K. Economic growth of Mizoram: Role of business and industry. India: Concept Publishing, 2008.
88
Chakravarty, Shanker. “India, Myanmar to double bilateral trade to $3 billion.” The Hindu, 27 September 2011. www.
thehindu.com/business/article2490804.ece
89
The four states are Arunachal-Pradesh, Manipur, Mizoram and Nagaland.
90
See http://mizoram.gov.in/home/economy.html
91
“Comprehensive project proposals under New Land Use Policy (NLUP) for sustained economic development and
the uplift of the poor of Mizoram, Government of Mizoram” see http://mizoram.gov.in/home/nlup.html
92
The United Nations Human Development Index (HDI) provides a composite measure of three basic dimensions of
human development: health, education and income.
93
See http://hdrstats.undp.org/en/countries/profiles/mmr.html
94
The Integrated Household Living Conditions Assessment Survey (IHLCA) is a joint initiative between the UNDP, the
Ministry of National Planning and Economic Development, UNICEF and Sida. See http://www.mm.undp.org/IHLCA/
95
Poverty incidence represents the percentage of the population who are poor. Food poverty incidence is the percentage
of the population who are food poor according to the food poverty line which measures how much consumption
expenditure is required to meet basic caloric needs.
96
In Burma, the Kaladan Project passes through six townships: Sittwe, Ponnagywan, Kyauktaw, Mrauk-U, and Pauktaw
in Arakan State, and Paletwa in Chin State. The population of these six townships is approximately 1,162,451.
97
Food and Agriculture Organization, and World Food Program. “FAO/WFP Crop and Food Security Assessment
Mission to Myanmar.” 22 January 2009. http://reliefweb.int/sites/reliefweb.int/files/resources/
DE3A16C4A1D06D428525754A006F4DBB-Full_Report.pdf
98
Chin Public Affairs Committee. “Project Activities Report - July 2009.” cited in On the Edge of Survival: the continued
rat infestation and food crisis in Chin state, Burma, Chin Human Rights Organization. www.chro.ca/images/stories/
files/PDF/special_reports/On_The_Edge_of_Survival.pdf
99
Chinland Guardian. “More villages hit by low harvest yield in Chin State.” 26 November 2012. http://www.
chinlandguardian.com/index.php/news/item/1451-more-villages-hit-by-low-harvest-yields-in-chin-state
53
100 World Food Program. “An Overview of the Food Security Situation in Chin.” May 2009.
101 Food and Agriculture Organization, and World Food Program. “FAO/WFP Crop and Food Security Assessment
Mission to Myanmar.” 22 January 2009.
102 Ibid.
103 Ibid.
104 Cyclone GIRI – Livelihoods Recovery Cluster. “Livelihoods and food clusters joint assessment.” February 2011. www.
themimu.info/docs/Giri%20Livelihoods%20Joint%20Assessment%20Report_Feb%202011.pdf
105 World Food Program. “Food Security Assessment in Northern Rakhine State, Myanmar.” February 2011. www.wfp.
org/content/myanmar-food-security-assessment-northern-rakhine-state-february-2011
106 Based on the book Terrestrial ecoregions of the Indo-Pacific: a conservation assessment, see www.worldwildlife.
org/wildworld/profiles/terrestrial/im/im0132_full.html
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One cannot step into the same river twice:
making the Kaladan Project people-centred
54
107 These are species with a global breeding range of less than 50,000 km2. Birdlife International. Myanmar: Investment
Opportunities in Biodiversity Conservation. 2005. http://birdlifeindochina.org/content/myanmar-investmentopportunities-biodiversity-conservation
108 UN Declaration on the Right to Development (1986). See www.un.org/documents/ga/res/41/a41r128.htm
109 See http://reliefweb.int/node/441318
110 ILO Forced Labour Convention (1930). See www.ilo.org/ilolex/english/convdisp1.htm
111 A full list of international ILO Conventions ratified by Burma can be found at: www.ilo.org/ilolex/cgi-lex/ratifce.
pl?Myanmar.
112 Chin Human Rights Organization. “Human rights violations perpetrated against the Chin in Burma March 2011 – March
2013” Advocacy report, 8 April 2013. http://chro.ca/index.php/action-alerts/advocacy-campaign/423-advocacy-briefinghuman-rights-violations-perpetrated-against-the-chin-in-burma-march-2011
113 Chin Human Rights Organization. “Soldiers forced Chin villager to carry military ration.” Rhododendron News, Volume
XVI, Issue I, January-February 2013. http://chro.ca/index.php/publications/rhododendron/97-rhododendron-2013/426rhododendron-news-volume-xv-issue-i-january-february-2012
114 Ta’ang Students and Youth Organization. “Pipeline Nightmare: Shwe Gas fuels civil war and human rights abuses in
Ta’ang communities in Northern Burma.” November 2012. Page 25. http://www.palaungland.org/wp-content/uploads/
Report/S%20P%20N%20Report/Pipeline%20Nightmare%20report%20in%20English%20version%20(Final).pdf &
EarthRights International. “We are not free to work for ourselves: Forced Labor and Other Human Rights Abuses in
Burma (January 2002-May 2002)” June 2002. http://www.earthrights.org/sites/default/files/publications/We-Are-NotFree-to-Work-for-Ourselves.pdf
115 The 2008 Constitution of Burma/Myanmar states that “citizens have the right to property; the Union will protect...
properties of every citizen,” however the Land Acquisitions Act (1894), which is still valid today, empowers the state
to acquire land where it is needed for any public purpose, or for a company.
116 Allchin, Joseph. “Burma farmers fear Land Act.” The Irrawaddy, 3 February 2012. http://www2.irrawaddy.org/article.
php?art_id=22972; Paung Ku / Transnational Institute. “Land Grabbing in Dawei (Myanmar/Burma): a (inter)national
human rights concern.” September 2012. http://www.tni.org/report/land-grabbing-dawei; Displacement Solutions.
“Myanmar at the HLP Crossroads.” October 2012. http://displacementsolutions.org/files/documents/MyanmarReport.
pdf; Mizzima News. “Land confiscation a major concern for Burma’s rights groups.” 23 October 2012. http://www.
mizzima.com/news/inside-burma/8271-land-confiscation-issue-major-concern-burmas-rights-groups.html; Burke,
Jason, and Swe Win. “Burma: riot police move in to break up copper mine protest.” 29 November 2012. http://www.
guardian.co.uk/world/2012/nov/29/burma-riot-police-mine-protest; Karen Human Rights Group. “Losing Ground: land
conflicts and collective action in Eastern Myanmar.” March 2013. http://www.khrg.org/khrg2013/LosingGroundKHRGMarch2013-FullText.pdf
117 Situation of human rights in Myanmar (16.09.2011) United Nations General Assembly
118 Ibid.
119 Report from CHRO Field Staff, April 2013. On file with CHRO.
120 Ibid.
121 Boot, William. “Land grabs intensify as Burma ‘reform’ races ahead of law.” The Irrawaddy, 15 May 2012. http://www.
irrawaddy.org/archives/4239; Martov, Seamus. “Report urges govt to address land grabbing issue.” The Irrawaddy,
26 October 2012. http://www.irrawaddy.org/archives/17424; Eleven Myanmar. “Farmers to submit list of land grabs
to the president.” 6 February 2013. http://elevenmyanmar.com/national/2373-farmers-to-submit-list-of-land-grabs-tothe-president; McCartan, Brian. “Land grabbing as big business in Myanmar.” 8 March 2013. http://www.atimes.com/
atimes/Southeast_Asia/SEA-01-080313.html
122 United Nations Declaration on the Rights of Indigenous Peoples, Article 28. http://www.un.org/esa/socdev/unpfii/
documents/DRIPS_en.pdf
123 Framework Agreement, Article 5.
124 EarthRights International. Total Impact. September 2009. http://www.earthrights.org/sites/default/files/publications/
total-impact.pdf
125 Narinjara Independent Arakanese News Agency. “Local traders suffer from illegal taxation by naval ships in Arakan.”
8 August 2011. http://bnionline.net/index.php/news/narinjara/11326-local-traders-suffer-from-illegal-taxation-by-navalships-in-arakan.html; Chin Human Rights Organization. “ADVOCACY BRIEFING: Human rights violations perpetrated
against the Chin in Burma March 2011 – March 2013” April 8, 2013. http://chro.ca/images/stories/files/PDF/HRVs_
Mar_2011_Mar_2013.pdf
126 Network for human rights documentation – Burma. The hidden impact of Burma’s arbitrary and corrupt taxation.
September 2010. http://www.nd-burma.org/about-us/press-releases/604-the-hidden-impact-of-burmas-arbitrary-andcorrupt-taxation.html
127 Report from CHRO Field Staff, April 2013. On file with CHRO.
128 Department of Fisheries, Fishing grounds of Myanmar and Landing Sites. “National Report of Myanmar on the
Sustainable management of the Bay of Bengal Large Marine Ecosystem.” www.boblme.org/documentRepository/
Nat_Myanmar.pdf
K a l a d a n
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One cannot step into the same river twice:
making the Kaladan Project people-centred
55
129 The Dugong is a large marine mammal found in Arakan state which has been recognized by the International Union
for Conservation of Nature (IUCN) as an endangered species.
130 Food and Agricultural Organization. Global Forest Resources Assessment Report. 2010. www.fao.org/forestry/fra/
fra2010/en/
131 Based on the book Terrestrial ecoregions of the Indo-Pacific: a conservation assessment, see www.worldwildlife.
org/wildworld/profiles/terrestrial/im/im0132_full.html
132 Food and Agricultural Organization. Global Forest Resources Assessment Report. 2010.
133 See the IUCN Red List of threatened species at www.iucnredlist.org/
134 International Union for Conservation of Nature. The status and distribution of freshwater biodiversity in the Eastern
Himalaya. 2010. http://data.iucn.org/dbtw-wpd/edocs/RL-2010-001.pdf
135 Birdlife International. Myanmar: Investment Opportunities in Biodiversity Conservation. 2005.
http://birdlifeindochina.org/content/myanmar-investment-opportunities-biodiversity-conservation
136 International Union for Conservation of Nature. (2010)
137 Istituto Oikos and BANCA. Myanmar Protected Areas: Context, Current Status and Challenges. Page 48. Italy: 2011.
www.banca-env.org/ebook.pdf
138 United Nations Convention on Biological Diversity, Article 8e.
139 Location of protected areas in the map are sourced from Istituto Oikos and BANCA (2011) Myanmar Protected Areas:
Context, Current Status and Challenges; location of Important Bird Areas are sourced from Birdlife data zone of
Birdlife International www.birdlife.org/datazone; Seagrass distribution is sourced from UNEP global distribution of
seagrasses dataset http://data.unep-wcmc.org/datasets/10; Location of Wunbaik park is sourced from Marine Protected
Areas (WDPA 2010) http://data.unep-wcmc.org/datasets/17; turtle distribution is sourced from National Report of
Myanmar on the Sustainable management of the Bay of Bengal Large Marine Ecosystem (2003) Department of
Fisheries, Fishing grounds of Myanmar and Landing Sites. www.boblme.org/documentRepository/Nat_Myanmar.pdf
140 For more on Ecoregions, see www.worldwildlife.org/wildworld/profiles/terrestrial/im/im0132_full.html#features
141 Food and Agricultural Organization. Global Forest Resources Assessment Report. 2010.
142 Birdlife International. Myanmar: Investment Opportunities in Biodiversity Conservation. 2005.
http://birdlifeindochina.org/content/myanmar-investment-opportunities-biodiversity-conservation
143 Important Bird Areas (IBAs) is a term used by Birdlife International to denote key sites for conservation. They do one
(or more) of three things: Hold significant numbers of one or more globally threatened species; Are one of a set of
sites that together hold a suite of restricted-range species or biome-restricted species; Have exceptionally large
numbers of migratory or congregatory species.
144 Kyoto Protocol (1998) http://unfccc.int/resource/docs/convkp/kpeng.pdf
145 UN Framework Convention on Climate Change (1992) http://unfccc.int/resource/docs/convkp/conveng.pdf
146 UN Convention on the Law of the Sea (1982) www.un.org/depts/los/convention_agreements/convention_overview_
convention.htm
147 Burma Forest Law (1992) www.blc-burma.org/html/myanmar%20law/lr_e_ml92_08.html
148 Conservation of Water Resources and Rivers Law (2006) www.burmariversnetwork.org/resources/burmas-river-law.
html
149 Lalremruata, C. “Mega Dams in North East India.” Paper presented at the Eleventh Meeting of the Conference of the
Parties to the Convention on Biological Diversity (COP 11), 8 - 19 October 2012, Hyderabad, India.
150 United Nations Declaration on the Rights of Indigenous Peoples. www.un.org/esa/socdev/unpfii/documents/DRIPS_
en.pdf
151 For an example of indigenous communities claiming their rights to free, prior and informed consent see the Another
Development for Burma video “Villagers Reject Academics’ Public Consultation Meeting” at https://www.youtube.
com/watch?v=PdCT8MfGMH0
152 United Nations Declaration on the Rights of Indigenous Peoples.
153 The Kistpanaddi Working Group is a coalition of 15 Burma-based civil society organizations working to reduce the
environmental, social and health impacts of the Kaladan Project. Kistpanaddi is the local name for the Kaladan River.
See Thein, Cherry. “Govt agrees to Kaladan impact assessments.” Myanmar Times, 12-18 March 2012. http://www.
mmtimes.com/2012/news/618/news61814.html & Project Maje. “Chinland in Transition.” April 2012. http://www.
projectmaje.org/chinland_in_transition.htm
154 The survey was conducted by Rakhine Coastal Environment Conservation and the Gender and Development Initiative
among 140 residents in Arakan and Chin states. See Thein, Cherry. “Kaladan transport project in spotlight.” Myanmar
Times, 5-11 December 2011. www.mmtimes.com/2011/news/604/news3160407.html & Thein, Cherry, and Thomas
Kean. “India defends project after review call.” Myanmar Times, 30 January – 5 February 2012. http://www.mmtimes.
com/2012/news/612/news61221.html
K a l a d a n
M o v e m e n t
One cannot step into the same river twice:
making the Kaladan Project people-centred
56
155 Martov, Seamus. “Burma’s natural resources sector ranked least transparent in global study.” The Irrawaddy, 16 May
2013. http://www.irrawaddy.org/archives/34728
156 See http://eiti.org/news/myanmar-appoints-eiti-lead
157 Inland Waterways Authority of India. “Standard Request for Proposals.” January 2009.
158 Ibid.
159 Thein, Cherry, and Thomas Kean. “India defends project after review call.” Myanmar Times, 30 January – 5 February
2012. http://www.mmtimes.com/2012/news/612/news61221.html
160 See http://old.cseindia.org/programme/industry/eia/eia_notification2006.pdf
161 The following international and regional instruments, which have been signed by Burma/Myanmar and India, include
provisions for EIAs or similar processes to be undertaken in relation to development projects: UN Declaration on the
Rights of Indigenous Peoples (Article 32); Rio Declaration on Environment and Development (Principle 17); UN
Convention on Climate Change (Article 4.f.); UN Convention on Biological Diversity (Article 14a); UN Convention on
the Law of the Sea (Article 204 and 206); ASEAN Agreement on the Conservation of Nature and Natural Resources
(Article 14).
162 See http://go.worldbank.org/L0WZ82PW60
163 See http://www1.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/
publications/publications_handbook_pps
164 World Bank (1993) Environmental Screening, Environmental Assessment Sourcebook Update No 2, Environment
Department, The World bank, Washington D.C. cited in Topic 4 of UNEP Environmental Impact Assessment Training
Resrouce Manual (second edition) www.unep.ch/etb/publications/EIAMan2editionToc.php
165 Thein, Cherry. “Govt agrees to Kaladan impact assessments.” Myanmar Times, 12-18 March 2012. http://www.
mmtimes.com/2012/news/618/news61814.html
166 Ibid.
167 Framework Agreement. http://iwai.nic.in/nit/Frameworkagreement.pdf
168 Radio Free Asia (RFA) Myanmar Video Channel. “Sittwe Port Workers Protest.” RFA video news piece, 9 August
2012. http://www.youtube.com/watch?v=p8ZEh0vhV7Q
169 Framework Agreement. http://iwai.nic.in/nit/Frameworkagreement.pdf
170 Sanyal, Santanu. “New inland water transport route from N-E faces hurdles.” The Hindu Business Line, 26 August
2012.
171 CHRO Field Staff interview with Paletwa resident, April 2013, on file with CHRO.
172 Land acquired for the Kaladan project in Mizoram, India has been compensated for with an initial amount of Rs.
2,77,65,142 distributed to the Deputy Commissioner Lawngtlai. This was challenged by land owners in the Gauhati
high court, Aizawl bench when the full award was withheld. Guwahati high court rules in favour of indigenous land
owners in Mizoram (Dec. 2011) http://zoindigenous.blogspot.com/2011/12/guwahati-high-court-rule-in-favour-of.html
173 Shillong Times. “Kaladan Road Project Runs Into Roadblock” 27 November 2012. http://www.theshillongtimes.
com/2012/11/27/kaladan-road-project-runs-into-roadblock/
174 Seven Sisters Post. “Indo-Myanmar road hits land hurdle.” 1 November 2012. http://sevensisterspost.com/indomyanmar-road-hits-land-hurdle
175 Mizo News. “Mizoram Land Owners Want Stay Order on Kaladan MMTTP Road Project” 22 January 2013. http://
www.mizonews.net/mizoramnews/mizoram-landowners-want-stay-order-on-kaladan-mmttp-road-project/
176 A copy of the letter is on file with Zo Indigenous Forum.
177 http://indiandchina.com/2013/02/28/issues-and-considerations-in-connectivity-projects-in-the-bcim-region/#more-463
178 Ibid.
179 Narinjara Independent Arakanese News Agency. “Construction of Indian port harms residents in Sittwe.” 4 November
2011. www.narinjara.com/details.asp?id=3160
180 Narinjara Independent Arakanese News Agency. “Local youth campaign for relocation of Indian seaport in Sittwe.”
8 January 2011. http://www.narinjara.com/main/index.php/local-youth-campaign-for-relocation-of-indian-seaport-insittwe/
K a l a d a n
M o v e m e n t
The Kaladan Multi-Modal Transit Transport Project - conceived in 2003, formalized
in 2008 and slated for completion in 2015 - will see the construction of a combined
inland waterway and highway transportation system connecting Mizoram State
in Northeast India with a Bay of Bengal deepsea port at Site-tway, Arakan State
in Western Burma. The Project - classified as development aid to Burma - is a
cornerstone of India’s “Look East Policy” aimed at expanding Indian economic
and political influence in Southeast Asia. It is currently being constructed in
Arakan and Chin States - Burma’s least-developed and most poverty-prone states where improved infrastructure is badly needed, yet it remains an open question
whether the Kaladan Project will be implemented in a way that ensures the people
living along the project route are the principal beneficiaries of this large-scale
infrastructure development.
This report from the Kaladan Movement provides an update on the progress of
the Kaladan Project; assesses the potential Project-related benefits and negative
impacts for people living in the project area; provides an overview of the current
on-the-ground impacts, focusing on the hopes and concerns of the local people;
and makes a series of recommendations to the Burma and India governments.
The Kaladan Movement believes that the implementation of the Kaladan Project
should be fully transparent, and should ensure full local public consultation and
participation; the benefits of the project go to the least advantaged communities;
and accountability for ALL stakeholders involved in the project. Unless and until
these essential elements are fulfilled, the Kaladan Project should be suspended.
www.kaladanmovement.org