Law unfair to poor in land cases : defenders
Law unfair to poor in land cases : defenders
By Janjira Pongrai
Atthayut Budsribhom
The Nation
Published on July 20, 2010
Defenders of the poor yesterday lamented about how laws - particularly those involving land - more often than not had become tools for the government and the rich to suppress them.
Suttipong Laithip from the South said there were now more than 1,500 disputes over land plots in the Andaman provinces and the rich clearly had an advantage.
"Rich people can file a legal complaint to have poor people fined or evicted," he said at a seminar.
The Centre for Peace and Conflict Studies of Chulalongkorn University's Faculty of Political Science organised the event in collaboration with 21 non-governmental organisations. While the seminar attracted more than 200 people, PM's Office Minister Satit Wongnongtaey failed to show up - to the dissatisfaction of many participants.
"If key government figures are not here, how can the government solve our problems?" a participant was heard saying.
Satit was scheduled to speak about government policies to tackle poverty and reduce social gaps.
Suttipong said fines imposed on the poor were sometimes as high as Bt1,000 a day, much higher than the Bt100 fines imposed on some law-offending department stores in Bangkok.
"When poor people are in court, we have the honour of facing a high level of bond," Suttipong said sarcastically.
He found it hard to accept that a bond for a poor man could be as high as Bt300,000.
"In the South, convicted poor people rarely receive suspended jail terms," he complained.
Speaking at the same seminar, Prayong Doklamyai from the North said the poor were usually portrayed as encroachers, but that was not always the case.
He said, for example, a 1964 Cabinet resolution offered new land plots for poor people affected by the Bhumibol Dam's construction.
He said some of these villagers received initial documents-but before they could move, authorities suddenly chose to issue land-rights documents based on people occupying the plots at the time of the survey.
"Then, through manipulation, rich people received title deeds for those plots and used them as collateral. When poor people returned to their home provinces during the economic crisis, they found problems accessing their own lands. Banks were taking action against them," Prayong said.
He said negotiations with the government, then led by Thaksin Shinawatra, were fruitless.
"His Cabinet initially offered to launch probes - but just weeks later, authorities seriously pursued charges against poor individuals who had stood up for their rights," Prayong said.
He said up to 109 people had been charged and detained for 59 days pending efforts to seek bail. With bonds set at Bt100,000 per person, it was tough work seeking temporary releases.
"We had to persuade MPs and senators to help," Prayong recounted.
He said the Court of Appeals ordered 19 protest leaders to serve a six-month jail term, but they were petitioning the Supreme Court.
Pramote Phonpinyo from the Northeast questioned why the authorities did not use negotiation to solve disputes.
"They should try administrative measures first, not legal measures," he said.
He also complained that the court usually ignored people's rights in rulings on land disputes.
Bamrung Kayotha, who previously chaired the Assembly of the Poor, said he himself had been convicted in many cases for trying to fight for poor people's rights.
"Prosecution depends very much on what government figures have decided," he said, "For example, we may face immediate action when a new government comes to power".