Thread: Law unfair to poor in land cases : defenders

Bangkok Post : Villagers demand 35 land deeds

Villagers demand 35 land deeds

• Published: 7/03/2011 at 12:00 AM
• Newspaper section: News

The cabinet has been asked to pass a resolution to ensure 35 entitled communities are granted community land deeds before the next election is called.

Prayong Doklamyai, an adviser to the Land Reform Network of Thailand _ which has led thousands of people without land to gather in Bangkok for a month _ said the group was unsure whether the policy on community land deeds would be consistent after the election.

(More at the link)

http://www.nationmultimedia.com/2011...-30150515.html

Villagers elated over MoU on land

By Chularat Saengpassa,
Jeerapong Prasertpolkrang
The Nation
Published on March 10, 2011


Move seen as bid to woo votes; protesters worried Suwit could be a stumbling block

More than 1,000 protesters left Bangkok yesterday - pleased, but still concerned - after eight government agencies signed a memorandum of understanding (MoU) on community land-title deeds.

The MoU has bolstered the landless people's hopes for a better life but they remained clueless as to how long it would take for such dreams to finally materialise.

"We remain worried because the Natural Resources and Environment Minister, Suwit Khunkitti, didn't show up at the ceremony," People Movement for a Just Society (P-Move) adviser Pongthip Samranjit said. "His ministry will have an active role to play because hundreds of communities are in forest zones."

As the ministry has also pursued legal action against 223 villagers on charges of encroaching on forestland, Pongthip still did not fully trust the government's sincerity.

"We know the government is wooing votes with the MoU on the community land-title deeds. But if this is going to benefit people, we won't mind it," she said.

PM's Office Minister Satit Wong-nongtaey said the government would try to deliver concrete results urgently from the policy based on the issuance of community land-title deeds.

"This is the main election policy of the Democrat Party," Satit said.

Representatives of P-Move, which led a month-long protest in Bangkok and pressed many demands, were present during the signing ceremony at Government House yesterday.

During the ceremony, Prime Minister Abhisit Vejjajiva said his government had given priority to the community land-title deeds.

"This policy will ease conflict about land use. We have encouraged people to gather as a group and together manage land plots assigned to their community," the premier said.

Abhisit said more than 200 communities had submitted applications requesting community land-title deeds. If all applications were approved, more than 100,000 families would benefit.

Abhisit agreed there were some legal obstacles before the policy could be implemented. However, he said all agencies could work together in removing such problems.

Satit, who chaired a coordination committee on the community land-title deeds, said the MoU would foster closer cooperation among agencies, helping to speed up work procedures.

Currently, his panel had already approved applications for 35 communities. Two of them had already received land-title deeds.

Satit said with the MoU, 33 other communities should get their land-title deeds within a month. He expected to see 100 communities secure deeds before the end of this year.

Pongthip, so far, was not convinced.

"All people know it will take a very long time before we can get the community land-title deeds," she said. "The people were somewhat happy, though."

Pongthip said the MoU would at least give local people a way to defend themselves against official attempts to prosecute them on land-encroachment charges.

She said the Natural Resources and Environment Ministry did not seem willing to cooperate with the government's policy on the community land-title deeds.

Satit tried hard to reassure the villagers that the ministry would have to embrace this policy. "The government policy is binding on all ministries and ministers," he said.

The ministry's permanent secretary, Chote Trachu, yesterday showed up at the signing ceremony. He denied speculation that Suwit had deliberately ignored the ceremony as a protest against the community land-title deed policy. "He fell ill. We were scheduled to show up together," Chote said.

Although the P-Move was somewhat satisfied with the government policy about the community land-title deeds, it issued a statement condemning the government on many other issues, particularly the Cabinet's latest resolution deferring any decision on the opening of the Pak Mun Dam's sluice gates for 45 days.

All a bit of a fucking joke really, isn't it? Not one of them gives a shit apart from how much money they can make out of it.

http://www.nationmultimedia.com/2011...-30150498.html

BURNING ISSUE

Poll shadow over land for the poor

By Somroutai Sapsomboon
[at]jin_nation
Published on March 10, 2011

Prime Minister Abhisit Vejjajiva once again has been criticised for his indecision in tackling the problems of poor villagers who have been camping near Government House for weeks.

However, it is also likely that his government's failure to solve the problems is aimed at luring the villagers to support his Democrat Party in the next election later this year, in the hope it will return to office and complete its work for them.

Villagers affiliated with a group calling itself the People's Movement for Fair Society (P-Move) are demanding government action on 500 problem cases, ranging from homelessness and urban poverty to landless farming and poor livelihoods caused by the Pak Mun Dam in Ubon Ratchathani province. Some of these problems have persisted for two decades.

In late 2008, when it came to power, the Abhisit government announced a plan to solve the problem of forest encroachment and land squatting through "community title deeds" and a "land bank".

A community title deed would be given to an eligible squatting community that has existed, mostly on state land, for at least three years before June 2010. A land bank is a fund set up to buy in instalments for squatting communities privately owned abandoned land.

As the villagers stepped up pressure by moving their protest site closer to Government House, the government agreed to talk to them.

PM's Office Minister Satit Wongnongtaey told the villagers the government would guarantee that the 34 squatting communities selected by a government committee chaired by Satit were eligible for community title deeds and would not face legal action. The community residents were concerned that if the ruling Democrat-led coalition fails to return to power after the general elections, the next government may not implement its policy of giving out these community title deeds.

Regarding the land bank, Satit promised the government would issue a royal decree for the setting up of the bank within seven days so that the bank could begin operations in 30 days. This is to help hundreds of residents of many squatting communities being detained due to complaints by landowners.

After meeting Satit, the villagers' representatives also called on the prime minister, who backed the deal reached by Satit and the villagers.

Of the 35 squatting communities selected by the Satit panel in October last year to be eligible for community title deeds, only one - the Klong Yong community in Nakhon Pathom province - was actually given its title deed in a high-profile ceremony chaired by the prime minister last month. More than 180 communities all over the country applied to be eligible for community title deeds.

As it turned out, the Cabinet on Tuesday resolved that the eight relevant ministries sign the MoU and the signing ceremony was held yesterday.

However, one big obstacle stands in the way of the 34 communities and their title deeds - Natural Resources and Environment Minister Suwit Khunkitti, who has made it clear that he will not allow his ministry's occupied land to be given away to the squatting communities.

Seventeen of the 34 communities occupy land belonging to the Ministry of Natural Resources and Environment.

Suwit did not attend the Cabinet meeting on Tuesday and was the only Cabinet member absent from the MoU signing ceremony yesterday. He said the fact his ministry sent a representative to the signing did not mean the ministry would hand over its occupied land to the squatting communities.

This has raised the question as to why the prime minister had failed to make Suwit follow government policy.

Prayong Doklamyai, a P-Move leader, said he did not think the MoU would work as many agencies had made it clear they would not give their land to the communities. "As the election is getting near, the agencies are increasingly shifting into neutral gear," he said, referring to their tendency to stay idle about government policies.

The villagers' problems have not been solved, but it appears they are being used as a campaign tool by the ruling Democrat Party ahead of the next election. The Democrats certainly will regard the MoU signing as one of their government's achievements.

Abhisit, the Democrat leader, said after the MoU signing: "I will expedite issuance of community title deeds. Hopefully, within this year the work will be done for at least 100 communities."

Apart from the prime minister's indecisiveness, some observers suspect the Democrats may leave some work unfinished so that they will be re-elected and form the government once again.

However, as long as there is still a big gap between the rich and the poor and unfair ownership of land - with a handful of wealthy people holding the largest share while poor people are left landless - the streams of poor villagers and farmers calling for fairness will never cease.

Three PMs ignored me, says desperate granny

Three PMs ignored me, says desperate granny

By The Nation
Published on April 5, 2011

A desperate grandma yesterday camped outside Government House seeking help to reclaim her property in Kalasin after appeals to the two previous governments fell on deaf ears.

Khambeng Mulchiangtai, 67, said she had been appealing for help after a group of people threatened her and took over her land. She first wrote to the Thaksin Shinawatra administration in 2001, then filed a complaint with the Surayud Chulanont government. Last October she submitted her grievance to the Abhisit Vejjajiva administration and has travelled to Government House countless times to follow up.

She said she has spent about Bt40,000 travelling up and down to no avail and now her land in Kalasin has been awarded to a stranger in a court. The woman, who has set up her protest at Government House's eighth gate, cried loudly as she begged for help and showed documents to reporters as security officials quietly observed the scene.

One policeman said Khambeng had filed a complaint there many times before, while another was heard quietly telling others that she should be taken out and banned from returning as she created a scene. The woman appeared to calm down after an official from the public complaint centre came out to speak to her.

Phuket group fights reclamation moves

Phuket group fights reclamation moves

By The Nation
Published on April 7, 2011

People living in prime areas may face eviction because they lack title deeds

Under strict National Reform Committee rules concerning the reclamation of property that is owned but not officially certified by ownership documents, a group of landowners are gravely concerned that their properties are being targeted because they are in prime areas where prices have skyrocketed.

At a recent seminar, a group of seven residents from the popular tourist area of Rawai Beach in Phuket said they would soon become tenants on the land on which their families had lived for more than 200 years, and be forced to pay people who possess the actual title deeds.

Phanuphong Pramongkij, a fisherman like his ancestors for generations before him, said a group of people had approached him recently and claimed the rights to his land, demanding that he pay monthly rent or face an eviction lawsuit.

"I am stunned over how that could be possible, as we have lived here for a very long time," he said.

He said those "landlords" also demanded that he sign a lease in addition to paying rent. "All I know is that it will never be possible for them to own the land on which I have lived since birth. It is possibly because the land that we live on is an ideal plot to build a resort."

Phanuphong and his six neighbours are now fighting eviction suits, using volunteer lawyers.

"We rely on vintage and family photos proving their [our families'] acquisition of the land before title deeds or land ownership documents were issued," he said.

He added that fishermen or villagers living on tourist islands, and who had acquired their land under similar conditions, were facing the same problem.

"They have become prisoners in their own homes, on their own land. Those locations are Ban Tukkae in Phuket, on Phi Phi Islands off the Krabi coast, and on Koh Li Pe off the Satun coast.

"Many of them now cannot even make small catches of fish and clams in coastal areas now designated as government property, or raise chickens or grow vegetables in areas proclaimed as the private property of those landlords," he said.

"Of those catching fish or harvesting clams, about 20 to my knowledge have been arrested and charged with encroaching on state property without permission. Many of them who could not pay bail for temporary release during trial have been detained," he added.

In Patong Beach on the other side of Phuket, a number of people whose homes were swept away by the tsunami in 2004 built makeshift shelters near the beach, only to have the land later designated as government property.

Anurak Rakbanjong, one of the tsunami victims, said he believed it was because the area was a prime location looking out along the entire beach, which later prompted a local politician to designate it as government property.

Anurak now pays Bt1,000 daily for the privilege of not having to move away, besides having to fight an eviction lawsuit.

"I refuse to leave, because I have no place to go. If they want me to leave, they must find me a place. They just can't chase me away," he said.

Quoting his lawyer, Anurak said the local authorities were permitted under certain conditions to designate any area as state property.

"I believe that it was done to lease the land for profitmaking purposes, in favour of some businesspeople," he said.

Meanwhile in Nonthaburi, where such landownership problems are not reported, or at least not widespread, the ineffective enforcement of civil planning regulations, or the total lack of such rules, has contributed to urban environmental problems.

These include traffic congestion, toxic industrial discharges and hygiene problems due to poor garbage disposal, which go hand in hand with the development and expansion of urban areas.

Nanthana Srithanomwong, a resident of a community near Wat Lanna Bun, said debris from construction was dumped illegally in roadside sewage, which caused regular flooding and decay during the wet season or after heavy rain, in addition to constant traffic congestion she said had not existed in her childhood.

A large number of restaurants and pubs have sprung up along the newly built Rama V Road, which causes traffic congestion and contributes to road accidents caused by drunk driving, in addition to an increase in the frequency of burglary or mugging.

"A number of residents have even contemplated selling their homes and finding new ones elsewhere," she said.

Phuket's Patong Now Asking 80m Baht a Rai - Phuket Wan

Phuket's Patong Now Asking 80m Baht a Rai

By Chutima Sidasathian
Friday, April 8, 2011

PROPERTY prices on Phuket continue to soar with the asking price for a single rai of premium real estate in Patong now at 80 million baht, the Director of the Thai Real Estate Information Centre, Dr Sophon Pornchokchai, said yesterday.

Other west coast beaches also reflected dramatic increases in the past five years, Dr Sophon added. He was on Phuket for talks.

Back in 2006, land at Phuket's then relatively undeveloped Mai Khao beach fetched five million baht a rai, Dr Sophon said. Today the price had gone up 60 percent.

Back in 2006, land at Bang Tao fetched 7.5 million baht. Prices there had risen 50 percent, he said.

Surin and Kamala prices were nine million baht a rai in 2006, Dr Sophon said. Now real estate in Kamala was going for 70 percent a rai more, he said.

Back then, Karon beach was fetching 20 million baht a rai, while nearby Kata was fetching half that. Nai Yang was at six million baht, with Nai Thon at seven million baht. Dr Sophon did not provide updates on those beaches.

However, he did say that the most expensive property in Patong, Phuket's most enduringly appealing and most developed west coast destination, was going at an asking price of 80 million baht a rai, double the price of 2006.

No one gives a shit about poor people. the government keeps guns out of their hands because they know if they had them a lot of the people who abuse them (the weathhy) would be in their sights. At the same time the poor are just stupid people so they probably deserve what they have gotten from their superiors, the rich. They poor were born to be slaves of the rich in Thailand. The Thai elite and top family seem to approve of this.

Bangkok Post : Farmers regain land

Farmers regain land

• Published: 16/04/2011 at 12:00 AM
• Newspaper section: News

More than 2,000 farming families occupying land now designated as national park land can breathe easily after the parks decided to give the land back to them.

Thong Pha Phum National Park and Khao Laem National Park will give up more than 16,000 rai of land to farmers to put an end to land battles after the parks were created over land which the farmers already occupied.

Suchat Ninmuang, president of Pilog Tambon Administrative Organisation, said Thong Pha Phum National Park has agreed to set aside about 6,000 rai of land for farmers in the Ban Itong area of Kanchanaburi, while Khao Laem National Park will set aside about 10,000 rai of land for farmers in Thong Pha Phum district of the same province.

Farmers making a living on the land will be required to pay taxes to their respective tambon administrative organisation, said Mr Suchat.In 1991, the government announced the establishment of the Thong Pha Phum National Park and Khao Laem National Park.

The parks cover more than 17,000 rai of farmland occupied by more than 2,000 families in tambon Pilog.

Proposed land bank penniless

Proposed land bank penniless

By Pongphon Sarnsamak
The Nation
Published on April 20, 2011

There were claims yesterday that the proposed Land Bank Administration Institute, whose job will involve redistributing abandoned land to landless people, will face an immediate financial crisis because the Council of State has taken away its ability to collect money from land taxes.

Last month, the Council of State revised a draft law to establish the Land Bank Administration Institute (LBAI). The institute's job will be to collect abandoned land owned by the private sector and the state and distribute it among landless people through community title deeds.

The original draft law proposed to allocate 2 per cent of land taxes to the LBAI each year, to run the institute and purchase land from privatesector owners.

However, Union for Civil Liberty secretarygeneral Pairoj Polphet said yesterday that the Council of State had deleted this part of the original draft, disabling the institute before it was formed by denying it enough money to purchase land from private owners.

He was speaking at a seminar titled "Land Bank Administration Institute and the Way to Resolve Problems for Poor and Landless People", organised by the Land Reform Network, the Local Action Group and Chulalongkorn University's Political Economy Study Centre.

Without money from land taxes, the LBAI will be allocated a budget directly from the government, with no certain figure, he said, adding: "The Land Bank's budget will depend on government policy, and this is always uncertain."

The government has already established the Agriculture Land Reform Office to provide land for poor people, but it has received too little money from government to resolve land problems, Pairoj said.

"The big issue is: We have to think how the Land Bank can have its own budget," he said.

An economist from Thammasat University, Duangmanee Laovakul, said the Land Bank needed at least Bt10 billion to run its administration and to purchase land from private owners. But it would be able to get only Bt1 billion from land taxes, which was not enough for its administration and the purchase of land.

"There is no clear financial security for the land bank," she said, adding that there was also no protection for agricultural areas under the new law.

A Chulalongkorn University law lecturer, Ittiphon Srisaovalak, said there was no regulation under the new law that enabled the Land Bank to force state agencies or private owners to hand over their land to the bank.

"Negotiation with landowners is the only thing the bank can do. It has no authority to force other agencies or privatesector owners to give it their land," he said.

At present, about 30 million rai (4.8 million hectares) of land that is held as nonperforming assets will represent a priority for purchase by the land bank for distribution to landless people.

However, Pairoj said he worried about the independence of the LBAI's administration, as the proposed bank's executive board was unbalanced between representatives of state agencies and civic groups.

The LBAI will have 10 executiveboard members, but four of them will be permanent secretaries from the Interior, Agriculture and Cooperatives, and Natural Resources and Environment ministries and the Office of the Prime Minister.

It will have only two members from community organisations and three appointed experts.

"We hope this institute will not be a bureaucratic organisation that cannot make any decisions," Pairoj said.

Bangkok Post : Dept forms special task force to crack down on land grabs

Dept forms special task force to crack down on land grabs

• Published: 7/05/2011 at 12:00 AM
• Newspaper section: News

The Royal Forest Department has set up a special task force to crack down on land grabs of protected forests for cash-crop plantations.

Kanchanaburi, where at least 10,000 rai of forest reserve areas have been turned into palm oil and rubber plantations, has been selected as the pilot site for the operation, according to department chief Suwit Ratanamanee.

The most forest land grabs have been found in Thong Pha Phum, Sangkhla Buri and Sai Yok districts.

The Kanchanaburi operation should serve as a warning message nationwide, Mr Suwit said. Nan and Phayao are next on the task force's agenda.

Forest encroachment has become widespread recently following the government's promotion of palm oil and rubber plantations in the wake of rising crop prices.

The special task force will conduct regular patrols and destroy mono-crop plantations if they are located in protected forest areas, Mr Suwit said.

Under law, forestry officials can destroy plantations in reserved forest if no one claims their land rights within 45 days. If a claimant shows up, the case will be brought to court to prove ownership.

The country is at risk of losing its world-famous western forests if authorities failed to stop the invasion of cash crop plantations into the forest, Mr Suwit said.

Forestry officials on Monday arrested 22 people in Khao Chang Phuek forest reserve in Sangkhla Buri district, where about 330 rai of forest was being used for rubber plantations.

Mr Suwit said about 12 local officers have been implicated in the case. He conceded that it was difficult to get the "big fish" who were behind the forest encroachment.

The department has estimated that more than 100,000 rai of forest reserves nationwide have been encroached on by cash crop planters.

Over the past few years, the department has managed to seize back about 5,000 rai.

State offIcIals 'Involved In land encroachment'

State offIcIals 'Involved In land encroachment'

By THE NATION
Published on May 20, 2011

The Office of the Public Sector Anti-Corruption Commission (PACC), probing forestland encroachment around Chiang Rai's Doi Lan pagoda, claims to have found state officials issuing land title deeds which did not relate to this kind of terrain.

PACC secretary-general Ampol Wongsiri said complaints had been filed with his agency that land title deeds were issued for investors encroaching on nearly 1,000 rai of forestland around Doi Lan. PACC officials initially believed the land in question was located on fertile forestland and the deeds were issued for this terrain. In fact it was located in an over 45 degree declination area for which the law prohibits the issuance of land title deeds.

Today Ampol will join with Royal Forestry Department chief Suwit Rattanamanee and National Parks and Wildlife Conservation Department chief Sunan Arunnopparat to inspect the area and make enquiries. He said the initial probe found some state officials were involved, especially a Chiang Rai land official who has been transferred to Samut Prakan. If the probe finds under Category 8 officials were involved, the supervisors will be notified to punish them under criminal law and disciplinary regulations. If investigators find involvement by over C8 officials, the Office of National Anti-Corruption Commission would be notified to take legal action against them.

In Ranong yesterday, a 50-strong team of forestry officials seized 21 rai of land they claim investors obtained by encroaching on the La-oon and Ratchakrud conserved forestland in Ranong's Meuang district. Officials allege the plan was to grow coconut trees first, and then move to rubber trees or oil palms.

Recent land encroachment has cost the government Bt1.5 million in damages. As a result officials are speedily reforesting the area by growing plants and patrolling the land to prevent further encroachment.

Violence erupts in Buriram

Violence erupts in Buriram

May 26th, 2011 by Meghann Venus and Cassie Peabody

Kao Baat headman and community leaders , three men charged with trespassing, display the Kao Baat village flag they carried to Bangkok to protest for land reform.

Vilaiwaan Phatbrasat, 37, looks up from the hospital bed to which she has been confined. After being thrown to the ground by her hair and knocked unconscious, she is only now regaining the ability to move her head, neck, and arms. Vilaiwaan is a victim of the violence that erupted on May 13 2011 near her home in the village of Kao Baat, located in the Dongyai forest preserve in Buri Ram province. This act of intimidation is only the latest indicator that the Thai government is threatening to evict the Kao Baat community with military force.

In 1977 the government relocated Kao Baat villagers out of the forest because of conflicts with the Communist Party. According to residents of Kao Baat, the government said villagers could return to the land after the conflict subsided.

Hostilities with the Communist Party ended in 1982, but instead of fulfilling their promise to return Kao Baat’s land, the government leased it to the Siam Forestry Company, a subsidiary of Siam Cement Group Paper Company (SCG Paper).

When the lease between the government and Siam Forestry ended in 2009, Kao Baat villagers decided to reclaim the forest on which they once lived and relied.

“We came back because we never lost our connection to this land. People still came back to find mushrooms and bring the cows here,” community leader Phaitoon Soisod says. “The government promised to give back this land.”

However, a government official in Non Dindaeng District in Buri Ram Province, who wishes to remain anonymous, has a different perspective. Although he would not confirm that the military has orders to evict Kao Baat, he states the government’s position clearly. “Kao Baat villagers are there illegally, they need to leave.”

On May 13, nearly 7,000 people from provinces throughout Isaan came to the Dongyai forest under the pretense of planting trees. Kao Baat villagers believe this operation was organized by Internal Security Operations Command, a unit of the military devoted to national security issues.

Ten Kao Baat villagers met these unannounced guests at the entrance of a neighboring village. “We just wanted to talk to them and know where they were going and what kind of trees they were planting,” explains Nobnam Soodmee.

Although none of the outside villagers were uniformed, Nobnom explains, “There were three people clearly from the military.” Phaitoon adds, “One of the military men had an M16 rifle.”

Violence quickly erupted between the two groups. “Because their trucks started driving and there was pushing from the villagers behind us, Viliawaan ended up on the hood of one of the trucks,” Nobnom says, “then one of the military men pulled her by the hair onto the ground and told the truck to drive over her.” Fortunately, Nobnom was able to pull Viliawaan out of the way and rush her to the hospital.

After using force to push through Kao Baat villagers, this group of outsiders moved into a neighboring village where they captured nine monks and burned down the local temple.

The use of such force in a land tenure case is unique, though many other communities in Thailand are facing similar lands right issues.

The Ministry of Interior states that 4.2 million land ownership disputes have been registered throughout Thailand. The Thai Land Reform Network (TLRN), an organization advocating for villagers’ right to land, believes these disputes stem from unequal land distribution.

The Thai government’s efforts at land conservation are a large cause of this disparity. Although the government says it evicts people to preserve nature, the land is often used to plant cash crops like eucalyptus trees.

“The government gave land to the company because the company said they would fix the dilapidated forest by growing eucalyptus trees,” the Non Dindaeng official says.

In response to this idea, Kao Baat headman Muan Tainpimai describes his community’s efforts to sustainably manage the forest, “The villagers are already replanting the forest and don’t need the government’s help. We have planted many native trees that are successfully growing.”

Eucalyptus trees do not contribute to villagers’ survival. Instead, Siam Forestry uses the eucalyptus trees in Kao Baat to make paper. In 2010 alone, SCG Paper, of which Siam Forestry is a subsidiary, made over 3 billion baht from this industry.

An article published by the United Nations Development Program explains that the Thai government benefits from the eucalyptus industry as well. The government owns reserve forests on which eucalyptus is grown, and therefore they profit by charging another party, like Siam Forestry, for the permission to use this land.

“The company does not want to let go of the land and will do anything to hold onto it. If the company comes then the government makes money. If the villagers stay, then the government gets nothing,” Phaitoon explains.

The government has employed many tactics to keep this land out of the villagers hands, including lawsuits against village leaders for trespassing and destruction of government property. According to Pramote Ponpinyo, a NGO with the TLRN, there are at least 111 people in Isaan facing such charges, including Phaitoon, his father Loon Soisod, and Muan, three community leaders from Kao Baat.

In most other communities struggling with the government over land tenure, the government’s tactics to evict villagers end with these court cases, but in the Dongyai forest the government has escalated their attempts by involving the military.

According to former member of the National Human Rights Commission Wassan Panich,“The violence in Kao Baat was an attempt to continue the eviction process.” Wassan explains, “The military insists on using violence and won’t talk at all. There is no chance at negotiating when the military knows they have this power.”

Kao Baat villagers are certain May 13 was not the last time they would see violent military efforts in their community. “I am afraid. It’s hard to sleep at night. There is a feeling that keeps me awake,” Nobnom admits.

Although the future of Kao Baat remains uncertain, villagers are committed to asserting the right to their land. Less than 24 hours after the incident, Kao Baat villagers organized meetings with nearby communities and national organizations like the People’s Movement for a Just Society. Phaitoon says, “If the military comes back, we will be calm rather than violent and sit in the sala. They can do what they want, but we will not leave.”

Forests cleared for rubber and palm oil: DNP

Forests cleared for rubber and palm oil: DNP

By Pongphon Sarnsamak
The Nation
Published on June 9, 2011


The county's national parks, wildlife sanctuaries and forest reserves are being heavily encroached upon by illegal plantations, with more than 10,000 rai destroyed over the past eight months, the National Parks, Wildlife and Plant Conservation Department (DNP) revealed yesterday.

About 1,707 rai had become rubber plantations and 219 rai were now oil palm plantations, said Atthaphon Charoenchansa, chief of the DNP Prevention and Suppression Division.

"National parks and forest reserves have been encroached on by investors and local villagers. The damage to forest areas is worth more than Bt950 million," he said.

Tub Lan National Park in the Northeast saw the most destruction, with 1,250 rai cleared to make way for rubber plantations. Next came Bundarik-Yoddom Wildlife Sanctuary, where 122 rai were cleared.

Meanwhile, 81 rai of forest in Nakhon Si Thammarat, Surat Thani and Songkhla had been cleared for oil palm plantations.

"Increasing forest encroachment by illegal rubber plantations has been caused by rising rubber prices over the past few years," Atthaphon said.

"The problem of forest encroachment by rubber plantations could be compared to shrimp farming in mangrove forests, which creates a lot of damage for national parks and preserved forests," he added.

Atthaphon said investors had hired local villagers to cut down trees in national parks and forest reserves. After that, they forced them to plant rubber trees.

The investors tapped the rubber themselves and sometimes sold these illegal plantations to other investors.

"In some cases we found that state officials had helped investors and local villagers to encroach on forest areas in national parks," he said.

Meanwhile, a study by a researcher at Prince of Songkla University found that 122,587 rai or 28.26 per cent of Khao Pu - Khao Ya National Park in the South were now rubber plantations.

Plantations have also been seen in the Khlong U-Tapao watershed in the South. Encroachment on first- and second-tier watersheds is believed to affect biodiversity, he said.

Rubber trees are less able to absorb water and this can lead to lower natural water levels and landslides.

"We found that some illegal rubber plantations in national parks have encroached on the territory of the Sakai people, an indigenous people who live peacefully in forest reserve areas," Assistant Professor Somboon Chareonjiratrakul, who conducted a study on the subject, said.

He suggested that the Forestry Department and DNP should have a policy to recover forest areas that were heavy encroached upon by illegal rubber plantations. The department should set up a national forest database to monitor forest areas in real time.

The government should provide knowledge about rubber plantations so they plant rubber in the right way. Farmers should know about the positive and negative impacts of improper rubber tapping, he said.

As the price of raw rubber is increasing, farmers should save money from selling rubber to maintain their plantations, he said.

Moreover, the government should release accurate information about the change in size of forest areas between 1998 to 2009, as a recent study found that only 23 per cent of forest areas remained. The Forestry Department reported that the number of forest areas had increased from 86 million rai in 1998 to 107 rai in 2009, which was opposed to the real situation, he said.

Investor claims submerged land

Investor claims submerged land

By The Nation
Published on June 15, 2011

Upset residents say land is theirs

A row has broken out on the shores of the Gulf of Thailand in Samut Prakan Province over rights to a large expanse of land that now lies under the sea at high tide.

Boasting about a project to develop a new and important attraction for the country, an investor has been trying to acquire land documents for 1,000 rai (160 hectares) of submerged land at Tambon Laem Fa Pa, in Samut Prakan's Phra Samut Chedi district.

"I will have a hotel and a marina constructed here. This project will cost more than Bt10 billion," Kris Anantarangsi said yesterday. He urged locals to not oppose his plan.

"Although they will no longer be able to collect scallops on my plots anymore, they will be able to sell something to tourists," he said.

Local people have complained to authorities about his moves. They have accused him of seeking deeds for plots already owned by others.

One local resident, Samphan Cherdchid, said Kris had attempted to claim about 80 rai belonging to him.

"I had to show evidence [of my ownership] before he backed down. He brought officials in to survey land plots that are mine," Samphan said. "I have title deeds to prove my ownership. I wonder how he had land-rights documents for the same plots?"

Many locals are accusing Kris of using fake land-rights documents or acquiring them by illegitimate means - an allegation he hotly denies.

"I would have no courage whatsoever to produce fake documents," he said, "Besides, I am willing to back down if surveys of my land plots seem to overlap with locals' plots."

Kris said he bought more than 1,000 rai of land many years ago, but did not start working on the plots right away because of economic problems.

"When the situation improved, I decided to seek land-rights documents. Now, I have a plan to create a new attraction for the country," he said.

Samphan said he was not interested in Kris's fanciful project.

"My family has earned a living as traditional-style fishermen for decades. Our income is also good. We can get Bt500 from collecting scallops in just two hours," he said.

Samphan also said he hated the idea of having an alien structure near the shore.

Ban Khun Samut Chine village head Samorn Kengsamut said the investor had upset locals because he tried to raise intrusion charges against them.

"He has accused them of encroaching on his land. His accusation is untrue," she said.

Tambon Laem Fa Pa Administrative Organisation chief Udon Boonchuaylaew said local people had already complained to the Lands Department.

Due to severe coastal erosion, several plots of land have become submerged by seawater over time.

A lands official in Samut Prakan said that if the investor could produce evidence that he had constantly maintained his rights as the owner of the submerged plots over time, he stood a chance of getting the land-title deeds.

"Now, we have set up a committee to check if he has done so," Kukiat Khamharn said, adding that after the committee reached its conclusions, the Lands Department would decide whether to issue the land-title deeds.

Originally Posted by StrontiumDog

"I have title deeds to prove my ownership. I wonder how he had land-rights documents for the same plots?"

Originally Posted by StrontiumDog

State offIcIals 'Involved In land encroachment' By THE NATION Published on May 20, 2011 The Office of the Public Sector Anti-Corruption Commission (PACC), probing forestland encroachment around Chiang Rai's Doi Lan pagoda, claims to have found state officials issuing land title deeds which did not relate to this kind of terrain.

Originally Posted by StrontiumDog

Bangkok Post : Dept forms special task force to crack down on land grabs Dept forms special task force to crack down on land grabs Published: 7/05/2011 at 12:00 AM Newspaper section: News

Here we go...

Originally Posted by StrontiumDog

"Although they will no longer be able to collect scallops on my plots anymore, they will be able to sell something to tourists," he said.

You will no longer be lowly, self-sufficient, free men, but great fortune has fallen upon you this auspicious day. A glorious transformation will make you into what every person outside of my immediate family truly are: my vassals, serfs, and tenants.

https://teakdoor.com/the-teakdoor-lou...-campaign.html

Bangkok Post : Have Democrats lost the plot over property rights?

Have Democrats lost the plot over property rights?

Farmers say the Abhisit government has the right intentions, but has proven just as ineffective as past administrations in battling bureaucracy and putting redistribution plans into practice

• Published: 19/06/2011 at 12:00 AM
• Newspaper section: Spectrum

Land reform _ a key component of which is granting community land title deeds to ensure a more equitable land distribution system _ is one of the cornerstones of the Abhisit government's policy. But those who would most benefit from it say changes are coming too slowly. Somnuk Putnuan, leader of a farmers' association in Trang province, credits the Abhisit Vejjajiva government for making land reform a priority, but adds that landless farmers have yet to see any real benefit.


TAKING IT TO THE STREETS: Members of Thailand Land Reform Network march on Government House last February. Governments come and go, but many farmers say they are still suffering because they have no land.

''The government lacks the political will to tackle the land issue; those in government don't really understand us or the underlying problems,'' said Mr Somnuk.

Community land title deeds are thought to offer more protection against fraud, as control cannot be transferred to wealthy or powerful interests.

It's an issue the Democrats understand well. Scandals related to land reform were the major reason for the Democrat-led government dissolving parliament in 1995.

It was made public then that some affluent party members were in possession of Sor Por Kor 4-01 land documents, which are supposed to be only for the landless.

Mr Abhisit announced in a policy statement on Dec 30, 2008 that his government would endorse the communal land rights scheme, which is favoured by many poor farmers nationwide.

But after 20 meetings between the government andvonnes farmers' representatives under the umbrella of the Thailand endorses the communal land rights scheme which is favoured by many poor farmers nationwide. But after 20 meetings between the government and farmers representatives under the umbrella of the Thailand's Land Reform Network, there has been little progress. Mr Somnuk acknowledged that the Democrats were encountering many difficulties in getting the coalition parties and various bureaucracies to go along with the system, and also said the Democrats ''lack the courage to do it''.

The job of answering such criticism falls to Prime Minister's Office Minister Sathit Wongnongtoey, who is quick to say his party has kept its promises on land reform.


HAPPY HANDOVER: Prime Minister Abhisit awards 1,182 farmers in Pathum Thani the rights to lease 7,900 rai of public land in 2009.

''We have granted communal land rights to people in two areas, the Klong Yong Community Cooperative in Nakhon Pathom province and the Mae Owl community in Lamphun,'' said Mr Sathit, adding that 33 more locations are on the list for communal land rights.

According to Mr Sathit, 195 communities in 36 provinces have expressed a desire to operate under the communal or collective land rights approach, which will benefit about 300,000 people. He admitted that there are legal barriers stemming from the fact that the land is under the authority of different agencies. To solve the problem he has set up a special committee and and issued regulations from the Prime Minister's Office regulations covering all these agencies.

Mr Sathit stressed that if the Democrats are able to lead the government again, land reform will be a priority.

''We will set up the Land Bank Fund as a public organisation in order to buy land that would then be given to landless farmers. We have already provided 1.7 billion baht to buy land and another 1.2 billion to improve infrastructure of the land.'' Mr Sathit said the government is considering whether to make land information public, but is weighing the effects on personal privacy.

He also said his government is trying to bring about more social equality through the implementation of a progressive tax rate on people owning more than 50 rai of land.

''This is under the scrutiny of the Council of State and I guess that it would not be finalised soon,'' he said, but added that this too would be a priority if the Democrats keep control of the government.

A few months back, Prime Minister Abhisit stated that he wanted legislation establishing an inheritance tax passed within his term of office, but obviously this is not to be.

The Democrat Party's website does not mention progressive or inheritance taxes on its website but promote its campaign for communal land rights and various other measures for farmers such as such as increasing funding for irrigation systems and improving soil quality.

PM Abhisit has also endorsed the proposals of the National Reform Committee (NRC) concerning on land reform. The NRC concluded that the issue of agricultural land ownership is a root cause of social, political and economic disparity and proposed five major measures to address the disparity. These are to restrict agricultural land ownership to 50 rai per household, set up a national agricultural land ownership database that can be accessed by the public, establish a land bank to buy inactive land and reallocate it to landless farmers, levy a progressive land tax and clearly demarcate agricultural zones.

Hemarat Lopnongbua, a farmers leader from Chaiyaphum province, said the NRC's proposals are in line with the wishes of landless farmers. ''Whoever forms the next government, they should address land rights issues by taking up the NRC proposals. There is no need to set up a new committee to 'buy time','' he said.


GROW WITH IT: Below, Prime Minister Abhisit Vejjajiva throws rice seedlings in Klong Yong in Nakhon Pathom, one of the first two communities to implement the government’s communal land rights scheme, in February.

But it is no secret that the NRC's proposals are meeting wide opposition, including from government officials. Among these is Natural Resources and Environment Minister Suvit Khunkitti. Krisadakorn Silarak, an adviser to Forum of the Poor, predicted that the NRC proposal would be ''another master plan on a shelf''. Mr Krisadakorn said that without bureaucratic reform, the NRC proposal would only look good on paper. He was referring to the Agricultural Land Reform Office (Alro) which is officially tasked with the implementation of land reform. Due to inefficiency, legal loopholes and abuse by many influential people, Alro has been unable to deliver.

During its 28 months in office, the Abhisit government has championed many good land-related policies. It has promised to initiate communal land rights, a land bank, a progressive tax rate and so on, but although it generally gets good marks for intentions, the government is not seen as being much different in practice from its predecessors. Farmers who struggle to obtain land rights or seek government assistance in battling trespassing cases say they are tired of waiting.

''The government lacks political will to tackle the land issue; those in government don't really understand us or the underlying problems,'' said Mr Somnuk.

Mr Hemarat, who is in the middle of a legal battle after land worked by his family for generations was declared state land, compared politicians to landlords. ''They don't understand how hard farmers' lives are when they have no land. They make promises, but when they come to power they try to prolong our problems by setting up committees and sub-committees and holding endless meetings where nothing is ever done.'

Bangkok Post : Pheu thai: Old promises, New promises

Pheu thai: Old promises, New promises

Solving land reform was never high on the list during the Thai Rak Thai years, but a spokesman for TRT's heir apparent promises that will change if it comes to power

• Published: 19/06/2011 at 12:00 AM
• Newspaper section: Spectrum

Direk Kong-ngoen, a landless farmer in Chiang Mai, is pleased at the attention land reform is getting before the July 3 election from both major parties.


PLEDGING ACTION: Thaksin Shinawatra speaks to more than 5,000 farmers in Chiang Mai in April 2002 about land reform.

''I wish we could have just one more month of the election campaign, because we want more time to express our concerns and needs to politicians. We want them to listen to our problems and take them to heart,'' he said.

He'd like the candidates to hold debates on land reform and other issues important to low-income rural people, and for those discussions to be recorded so that the public could have a tool to ''to follow up on these politicians and see whether they keep their promises or not''.

Mr Direk said he remembers well how the government of former prime minister Thaksin Shinawatra promised to act on land reform.

''He [Thaksin] came to the Chiang Mai City Hall and said before more than 5,000 farmers and hilltribe people that he will tackle our issues. That was in early April of 2002,'' said Mr Direk.

On April 9, the Thaksin cabinet agreed to set up a joint committee comprised of representatives from government and the Northern Farmers Network to look into the problems of farmers occupying idle land in Lamphun and Chiang Mai provinces.

On April 23, however, Thaksin issued a cabinet resolution allowing authorities to enforce existing laws and arrest farmers occupying state or private land for trespassing and property damages.

Not many farmers remember what Thaksin promised in his first and second terms concerning land reform because he spoke much more often about economic mega projects. In fact, Thaksin's Thai Rak Thai (TRT) Party barely touched on the issue of land reform directly; it merely became one of 11 economic goals outlined in a policy statement on Feb 26, 2001 and got a small mention in the National Resources and Environment policy statement of March 23, 2005.

The 29-page policy statement from 2001 listed a number of urgent priorities, among them a three-year debt moratorium for farmers, the one-million baht village fund, a national asset-management company and the 30 baht healthcare programme.

Other priorities were the establishment of a people's bank, support for small- and medium-sized state enterprises, more rehabilitation centres for drug addicts and public participation in drug suppression.

The ambitious statement also promised to resolve structural problems that cause poverty, create jobs and reform the rural production structure. But it was never clear what TRT meant by reforming the rural production structure. It was unclear whether the party understood that any attempt to address structural problems that cause poverty must focus on land rights issues.

TRT promised in 2001 to distribute land more fairly and efficiently, with better use made of unoccupied land. At the time Thaksin was deposed in September 2006, however, almost no progress had been made in this area. Today the situation is the same, despite similar promises from subsequent governments.

In frustration many landless farmers began occupying land that had been left idle for more than 10 years. Mr Direk was arrested along with friends in Chiang Mai for trespassing after occupying such land.

Mr Direk said this was unfair, and that the rights to many plots of land in his area had been issued illegally through the assistance of Land Department officials.

On several occasions Thaksin floated the idea of turning ''assets into capital'' by letting poor farmers borrow money using as collateral land documents which do not give clear title. But the plan faced strong opposition and never materialised.

Thaksin had another plan _ to make it easier for foreign investors to lease land for 99 years. He said this would help the property market, as 70% of available land is lying idle. Of course, this is the same land that landless farmers want the use of.

Rangsan Saensongkhwae, a farmers' association leader in Lamphum province, said land doesn't lie inactive because there is no one to cultivate it. Rather it's because the land rights have been issued, often illegally, to people who are looking to profit from the sale or lease of the land.

Mr Rangsan, like Mr Direk, said he no longer believes in the government's promises. ''Often we have to take to the streets in order to make these politicians commit to their promises,'' he said.

When asked to evaluate the performance of his party on land reform, Pheu Thai Party deputy leader Plodprasop Suraswadi said: ''I don't think we have a policy on land reform.''

As Pheu Thai can be considered the successor to TRT after it and another incarnation were dissolved by the courts, Spectrum asked him to comment on TRT's policies and performance in the area of land reform.

After several days he called back and said that TRT never had any policy directly addressing land reform. But he was willing to air his own views on land reform and land distribution, and the former permanent secretary of the National Resources and Environment Ministry had obviously done his homework. He noted that 2.6 million farmers are landless, another five million don't have adequate land and 12 million rai of state land is being encroached upon.

He pointed out the weaknesses in past land reform schemes. ''We have no land designated for allocation in land reform. We have no effective [administrative] tools to bring it about and we have no unity to do the work.'' Moreover, he added, the policy changes all the time depending on who the minister in charge of implementing it is.

Mr Plodprasop said that if Pheu Thai wins the election he hopes to again head the Natural Resources and Environment Ministry, and to usher in a new era of fair land distribution.

''We will apply a progressive tax rate on those who hold the big land plots. We will use state land for land reform and provide infrastructure on the plots used for land reform, '' said Mr Plodprasop. He added that the military is a major holder of state land that might be used.

He also proposed a land bank, and said Pheu Thai might set up a new Land Ministry. He promised to execute land reform fairly and emphasised the participation of those affected. He stopped short of endorsing communal land rights, saying, ''I would revise the Sor Por Kor land reform scheme.''

There is no mention of land reform on Pheu Thai's website, but Mr Plodprasop's words sound very ''promising'' for those pushing for land reforms.

Bangkok Post : Land group says govt reform 'silences voice of the people'

Land group says govt reform 'silences voice of the people'

• Published: 21/06/2011 at 12:00 AM
• Newspaper section: News

The Thailand Land Reform Network has called on the next government to stop legal action against those who try to protect their land from state management policies.

The TLRN is a non-government organisation working with villagers to encourage them to fight for land and community rights,

TLRN coordinator Pongthip Samranjit said her organisation understood there were about a thousand cases of people who had been accused by the state of encroaching on public land.

The legal process could not serve as an effective tool in the fight against the alleged encroachment but rather was seen as an attempt to silence the voice of people trying to protect their land ownership rights, Ms Pongthip said.

She said the government's policy to declare public land as protected forest areas was creating problems for people who had been living in communities in those areas previously, as the state would accuse them of encroaching on public land.

Ms Pongthip yesterday addressed the problem of villagers who had been allegedly accused of occupying public land at a seminar titled "Community Rights and Land and Forest Disputes".

The seminar, jointly hosted by the TLRN, the Environmental Litigation and Advocacy for the Wants and the Human Rights Lawyers Association at Thammasat University's Faculty of Law was aimed at proposing solutions for public land disputes.

Ms Pongthip said the 2007 Constitution stated community people should have their rights to participate in managing, preserving and using natural resources and the environment.

MR Akin Rabibhadana, a former member of a defunct National Reform Committee led by former prime minister Anand Panyarachun, proposed that members of each community should be juristic representatives in the sense that they would have the right to claim ownership of their land and sue the government if issues arose.

TLRN lawyer Somnuek Tomsuphap said there had been 33 criminal and civil cases on land and forest disputes last year. There were 223 residents involved in the cases who were alleged to have trespassed on public land.

Boonrit Pirom, a representative from the Southern Farmers Network, called on authorities to be fair when dealing with cases of villagers accused of public land encroachment.

http://www.nationmultimedia.com/2011...-30160034.html

Probes into land encroachment

By Pongphon Sarnsamak
The Nation
Published on July 12, 2011

Forestry officials will look into alleged land encroachment in Wang Nam Kiew in Nakhon Ratchasima next month after reports that hotels and resorts had claimed land from forest reserves for tourist facilities.

They will also look into the problem of rubber trees being planted in reserves in four districts in Phitsanulok.

About 20 big houses and resorts were located in sloped areas in Phu Luang National Forest in apparent violation of the Forest Reserve Act, the Forestry Department chief Suwit Rattanamanee said.

"These 20 houses belong to rich people and we are now investigating, by using satellite images, to study whether these houses are located in forest reserve areas or not," he said at a press conference yesterday.

Wang Nam Kiew in Nakhon Ratchasima province is known as the "Switzerland of Isaan", a place where tourists can breathe fresh air and stay in a tranquil country atmosphere.

Suwit said a preliminary look at satellite images found that the homes were located in hilly areas. The department plans to spend two weeks checking the satellite images and surveying the area next month.

Suwit said the department would also conduct another inquiry into encroachment in four districts in Phitsanulok - Wang Thong, Chart Trakan, Nakhon Thai and Wat Bot - after finding forest reserves were being encroached on by rubber plantations with trees planted by local villagers hired by "capitalists" from the South.

Large areas of forest reserve encroachment were found in upper areas near Kwai Noi Dam close to a royal project.

Chiang Rai had the most land encroachment for rubber in the North, followed by Nan and Phitsanulok. And Nong Khai had the most encroachment in the Northeast, followed by Loei.

Officials had found 56 suspected cases of illegal encroachment last month involving more than 6,000 rai of forest reserves. About a third of this involved planted rubber.

The problem of rubber trees being planted in forest reserves has increased drastically in the past few years since the price of rubber soared.

Suwit said his agency had faced difficulty in arresting wrongdoers who encroach on forest areas due to "influence" in local areas and a lack of cooperation from relevant agencies to check on documents which link wealthy people to the forest encroachment.

Lawmakers behind land encroachment

Lawmakers behind land encroachment

By The Nation
Published on July 14, 2011

National politicians known to residents in Nakhon Ratchasi-ma are behind a land-encroachment scheme in which 20 resorts have been built illegally on national parkland in Wang Nam Khiao district, a leader of the non-governmental organisations campaigning against the projects alleged yesterday.

Tawan Srikanil, of the Network of Those Loving Khao Yai, said the politicians had exploited state authorities in obtaining vast plots in Wang Nam Khiao through false ownership documents, and had later sold them to developers.

He said there were now 20 resorts built illegally along a 56-kilometre stretch of Wang Nam Khiao-Phang Ma-Pak Chong Road, which runs parallel to national parkland.

Documents and evidence compiled by a local forestry office were yesterday handed over to Royal Forest Department director-general Suwit Rattanamanee.

However, Suwit declined to give a specific answer to reporters' questions as to why he had acted slowly with regard to the extensive encroachment, which was known to the NGOs, local residents and the media.

"I am aware that there have been such allegations, as well as questions over why the department has only taken action now, at the start of a new government taking power. Is there any hidden agenda behind this? I say no," he said, without elaboration.