While the TNR is currently the only terrestrial protected area in Tanintharyi, plans are being made to massively extend conservation zones in the region [1]. Despite being promoted as a successful conservation project by the Myanmar government and the Wildlife Conservation Society [see 2 and 6], a new report, published in 2018 by an alliance of seven civil society groups, argues the protected area has a “troubling history of human rights violations” [Conservation Alliance of Tanawthari (CAT) report, see 1, page 12. See also related conflict, Yadana gas field and pipeline, Myanmar).

For generations, the forests located in the Nature Reserve have supplied ample livelihood resources for Karen, Dawei and Mon communities. In the past, they lived in dispersed settlements across the area and practiced shifting cultivation - a land use practice recognized for its important positive effects on biodiversity [3]. The area also hosted villagers’ betel nut and fruit orchards and the forest provided them with food, medicine, water and shelter [1, see also 4]. 

During the civil war, most villagers were forced to move into controlled settlement areas and many of those who refused to do so had to flee to bordering Thailand. The civil war and the military measures to establish controlled hamlets left many areas temporarily vacated, which were later taken to establish the TNR. However, the land was “neither virgin nor vacant”, the report says “but the land of IDPs and refugees who would soon return to reclaim their homes and agricultural lands” [1].

There was no prior consultation and consent of local communities and the internationally recognized rights of internally displaced people (IDPs) to return safely and voluntarily to their homelands have not been respected, says the report [1]. Instead of considering the rights of the IDPs, and the biodiversity sustained by indigenous practices [see e.g. 3, 5], many of their traditional livelihood activities were subsequently considered as “chief threats to [the] conservation targets” [2, page 20]. Many who are returning now following the 2012 ceasefire agreement find themselves unable to resettle but dispossessed of their traditional livelihood resources and cultural environment [1]. 

The CAT alliance of civil society groups says the “Tanintharyi Nature Reserve legalized the forced exclusion of Karen people from their customary lands under the guise of conservation”. Given the plans to massively extend protected areas in Tanintharyi region, the groups remind that “new protected areas in the region must not repeat this same human rights violation” [1, page 13]. Instead of top-down conservation planning, approaches led by and centred on indigenous people are required. 

The establishment of the Tanintharyi Nature Reserve is closely linked to the establishment of the three pipelines running through it. According to the consultancy report by The Biodiversity Consultancy [2], the budget for the protected area was 1.2 million USD for Phase 1 (2005-2009) and 1.2 million USD for Phase 2 (2009-2013), which involved the Motamma Gas Transportation Company (MGTC) pipeline from the Yadana Gas field and the Taninthayi Pipeline Company (TPC) that ships gas from the Yetagun field. For the construction of the third pipeline by Andaman Transportation Limited (ATL) - shipping gas from the Zawtika field - a budget of 1.8 million USD was announced (Phase 3 of the Protected Area development, 2013-2016). [see 2].

The MGTC company is a joint venture of Total Exploration and Production Myanmar, state-owned Myanma Oil and Gas Enterprise (MOGE), PTT Exploration and Production (PTTEP) and Chevron. The Yadana pipeline is operated by Total on a 30 years license and runs for 63 km in Myanmar before crossing to Thailand. 55 km of the pipeline are located within the Tanintharyi Nature Reserve (TNR) [2]. According to the consultancy report [2, page 21], the “Taninthayi Pipeline Company (TPC) is a joint venture of Petronas Carigali Myanmar Limited (PCML), MOGE, PTTEP and JX Nippon Oil and Energy. The pipeline is managed by Petronas on a 30 year licence”. The third pipeline is developed by Andaman Transportation Limited (ATL), a joint venture of PTTEP and MOGE. Of the 65 km onshore in Myanmar, 55 km run through the Tanintharyi Nature Reserve [2].

The Tanintharyi Nature Reserve consists of three zones [see 2]: i) a core zone (136,347ha), in which no villages, roads or whatsoever infrastructure is allowed, and access is restricted; ii) a buffer zone, in which subsistence activities are allowed, and iii) a Transportation Corridor where the pipelines, service tracks and metering stations are located.