In the report released on January 14, the commission said that the clashes occurred when protesting farmers found themselves confronted by a line of police. Several people on both sides were injured due to poor management by police.
At the time of the fencing, the Salingyi Township General Administration Department had imposed a curfew under Section 144 of the penal code, which was in effect until December 31, 2014 in the project area. The Sagaing Region Police Office also adopted a seven-step security procedure for the fencing on December 20, 2014.
However, police and security agents failed to follow the the third step in te procedure - to disperse the crowd with water cannons. Police were also unable to use tear gas and to control the crowd as they were not well-equipped.
Instead, police fired gunshots into the air to disperse the crowd, which is not within proper riot control regulations, while villagers attacked them with sticks, knives, sickles and slingshots, the report says.
According to local people, Khin Win was standing when she was shot dead. Local reports conflict over whether she was shot by police or someone else.
The MNHRC formed an investigation commission following the clash of protesters with police and Chinese security agents on December 22, which left Khin Win from Moegyopyin village dead.
They protested as police and workers from the Myanmar Wanbao Mining Copper Co (MWMCCL) tried to erect a fence on land that local farmers say was seized from them.
The commission’s main task is to investigate the death of Khin Win and other injuries sustained by villagers and security officials during the clashes. From December 30, 2014, to January 2, 2015, the commission in went to Monyawa and Salingyi townships to investigate the incidents and met with the Sagaing Region chief minister, the region's security and border affairs minister, police officers, the regional medical superintendent, the township forensic doctor, the general manager from the Union of Myanmar Economic Holdings Ltd (UMEHL) and local people, the report says.
However, MNHRC did not say whether the commission met with heads of MWMCCL.
The report was released as police are prosecuting six people arrested in Yangon in protests last month against the mine. On January 14, two more were charged and these people could receive imprisonment term for up to five years.
Small but regular demonstrations have been held in recent weeks outside the Chinese embassy in Yangon and its consulate in Mandalay following the fatal shooting last month of a female protester near the Letpadaung mine.
False claims about farmers
Residents of Salingyi have denounced claims published by state-owned daily newspapers on January 12 that local farmers were thankful when the Myanmar Wanbao Copper Mining Co Ltd, which operates the controversial Letpadaungtaung copper mine project, harvested the crops of local farmers free of charge.
Headlines in the state-run dailies claim farmers in 11 villages thanked the mining company for harvesting their crops. The farmers deny this claim.
In fact, the farmers claim that many acres of crops were damaged in the process of fencing in the copper mine project site on land that was previously seized from them. Thousands of acres have been grabbed for the project so far.
Authorities in the area did not accept the claim that the local farmers wanted to harvest their crops themselves.
“We want to harvest by ourselves just as we grow the crops by ourselves. Even though the company says it offers compensation, the farmers do not accept it. The state-owned newspapers said that the farmers were happy when the company harvested free of charge. This news is not accurate. We want to harvest by ourselves. We are now facing shortages of food for our cows and other animals. Our pastures have been fenced by the company,” farmer Win Win Htay said.
The company fenced Sede village on the pretext of the needs of the mining project. Almost all the seized land remains in the project area.
Regarding the damage of the crops due to the fencing, the General Administration Department of Salingyi Township started to pay cash assistance for the crops to the farmers on January 12, but only few farmers accepted it.
“The cash assistance paid to the farmers varies depending on kinds of crops and per acre yield. The highest market price is offered to the farmers. The concerned authorities harvested the crops of the local farmers and sent them to their houses,” said Minister of Agriculture and Irrigation Saw Myint Oo.
“If others harvest our crops, there may be more damage. The state-owned dailies are writing false stories and hiding the real truth. They are telling lies,” local farmer Kyaw Aung said.
“The local farmers have no reason to thank the company. The company unfairly fenced our farmlands. The company cleared the farmlands with bulldozers, damaging the crops. We want to get back our lands. We value and cherish our lands. The State-owned dailies misled the readers. No one is happy. We need not thank the government. We are not the ones who eat rice and curry supported by the government. The government does not supply power to us. Our efforts to get power have been self-reliant,” said Thwet Thwet Win from Wethmay village.