Squatting in Thailand

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Squatting in Thailand was traditionally permissible under customary law and adverse possession can occur after ten years of continuous occupation. As of 2015, the capital Bangkok had over 2 million squatters, out of a population of around 10 million. A survey of slums across the country noted in 2000 that most were rented not squatted; Khlong Toei District in Bangkok contains both squatters and tenants. There are also squatters in rural areas. The 1975 Agricultural Land Reform Act aimed to redistribute land to poor people (including squatters) under the Sor Por Kor program and as of 2019, 36 million  rai (5.8 million ha; 14 million acres) of land had been assigned.

Contents

In Thailand, adverse possession was traditionally possible and was known as cap coong. The customary law regarding possession of land was called latti-thamniam, in which all land ultimately belonged to the king and people could farm land, thus gaining de facto rights. In 1901, King Rama V (also known as Chulalongkorn) introduced a system of modern land rights based on ownership which led to general confusion. [1] A 1936 law aimed to clarify matters and the 1954 Land Code regulated land ownership, stating the maximum amount one person could own was 50  rai (8.0 ha; 20 acres). [1] [2] From 1925 onwards, adverse possession requires ten years of continuous occupation under Section 1382 of the Civil and Commercial Code. [3] [4] After he had seized power in 1957, the Prime Minister of Thailand Sarit Thanarat cancelled the 1954 act with Proclamation 49. [2] Following the popular uprising of 1973 and various peasant revolts, the Agricultural Land Reform Act was introduced in 1975. It was intended to redistribute state land, including to those already squatting on it. [2] The program was known as Sor Por Kor (SPK). [5] [6]

History

Squatter shacks under a bridge in Bangkok, 1980 Living under the Bridge Bangkok 1980.JPG
Squatter shacks under a bridge in Bangkok, 1980
Squatters living under a bridge in Bangkok, 2009 Shanty slum Bangkok Thailand Under the Bridge October 2009.jpg
Squatters living under a bridge in Bangkok, 2009

The Government of Thailand tended to evict urban squatters until 1977, when it set up the National Housing Authority (NHA). The NHA focused on community-led development and in 2003, the Baan Mankong slum upgrading project began, aiming to improve security of tenure for 300,000 households in 200 Thai cities. Squatter communities aided by Baan Mankong included Bon Kai in Bangkok, Book Kok in Uttaradit and various informal settlements in Ayutthaya. [7]

The capital Bangkok (or Krung Thep Maha Nakhon) had an estimated 500,000 squatters in the 1960s, making up 24 per cent of its population. [8] In the 1970s and 1980s, the city authorities negotiated with some squatters to develop the land they occupied without displacing them. Deals were made with 10,000 squatters. [9] By 2014, there were over 2 million squatters in Bangkok out of a population of around 10 million. [8] The squatters settlements were of three kinds: large occupations of land owned by the Port Authority or the State Railway of Thailand; smaller occupations of privately owned land; enclaves on land owned by the Crown. [10]

A survey of slums across the country noted in 2000 that most were rented not squatted. There were 125 squatted informal settlements in Bangkok, 181 in the Bangkok Metropolitan Region, 1 in Nakhon Pathom, 10 in Nonthaburi, 28 in Pathum Thani, 13 in Samut Prakan, 4 in Samut Sakhon and 112 in other cities. [11] One of the largest slums in Bangkok is in the Khlong Toei District, where there are 80,000 to 100,000 people, a total which includes tenants and squatters. [12] The overcrowded houses are constructed on stilts above stagnant water and there is little access to running water, sewerage and trash collection. [10]

There are also squatters in rural areas. The Hmong people moved into northern Thailand at the end of the 19th century. The Thai government has attempted to resettle them into villages, aiming to stop deforestation and the production of opium. [13] In 1986, 5,000 people were evicted from Khlong Hai in Kamphaeng Phet province and the following year over 1,000 Akha, Lahu and Lisu peoples were deported to Burma. [13] In 1981, farmers occupying land in forest reserves were offered land rights for up to 5 rai (or 2.4 hectares), known as STK licences. [14] [15] By 1987, at least 5.3 million hectares of land (that is to say 20 per cent of all land designated as forest) was being farmed by a million rural squatters. Even if the families had been living on the land for over ten years, they were still termed squatters, yet evictions were rare. [16] The Royal Forest Department slowly began to legalize occupations by giving out individual certificates, then the program was taken over by the Agricultural Land Reform Office, part of the Ministry of Agriculture and Cooperatives. STK licenses were replaced by SPK-4.01s (SPK being Sor Por Kor). [15] [17]

Sor Por Kor

Under the Sor Por Kor program, the government intended to distribute 40 million rai (or 6.4 million hectares) of land to poor farmers, some of them squatters. By 2019, 36 million rai (or 5.8 million hectares) had been assigned and 800,000 farmers were still waiting to receive land rights. The Ministry of Agriculture and Cooperatives announced it would be investigating cases in which farmers had illegally sold their land or were not qualified to receive it. [5] At Phu Thap Boek in Lom Kao District, Sor Por Kor plots were being built on by developers despite being supposed to be owned by the Hmong people. [18] In Wang Nam Khiao District, an area which attracts tourism for its natural beauty, an investigation by the Royal Forest Department (RFD) discovered that luxury resorts existed on 21 Sor Por Kor sites. [19] The RFD decided to take action against the wealthy encroachers but experienced opposition and the local police chief received death threats. [19] After 22 resorts and holiday homes were demolished, resort owners welcomed new proposals in 2020 for them to rent their Sor Por Kor plots. [20]

Related Research Articles

<span class="mw-page-title-main">Squatting</span> Unauthorized occupation of property

Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting occurs worldwide and tends to occur when people who are poor and homeless find empty buildings or land to occupy for housing. It has a long history, broken down by country below.

<span class="mw-page-title-main">Samut Sakhon province</span> Province of Thailand

Samut Sakhon is one of the central provinces (changwat) of Thailand, established by the Act Establishing Changwat Samut Prakan, Changwat Nonthaburi, Changwat Samut Sakhon, and Changwat Nakhon Nayok, Buddhist Era 2489 (1946), which came into force on 9 May 1946.

Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land —may acquire legal ownership based on continuous possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a tenant or licensee of the legal owner.

<span class="mw-page-title-main">Khlong Toei district</span> Khet in Bangkok, Thailand

Khlong Toei is a district in central Bangkok, long known for its slum. It is bordered by the Chao Phraya River and contains major port facilities. It is also the site of a major market, the Khlong Toei Market.

<span class="mw-page-title-main">Agriculture in Thailand</span>

Agriculture in Thailand is highly competitive, diversified and specialized and its exports are very successful internationally. Rice is the country's most important crop, with some 60 percent of Thailand's 13 million farmers growing it on almost half of Thailand's cultivated land. Thailand is a major exporter in the world rice market. Rice exports in 2014 amounted to 1.3 percent of GDP. Agricultural production as a whole accounts for an estimated 9-10.5 percent of Thai GDP. Forty percent of the population work in agriculture-related jobs. The farmland they work was valued at US$2,945/rai in 2013. Most Thai farmers own fewer than eight ha (50 rai) of land.

Squatting in the United States is the unauthorized use of real estate. Historically, squatting occurred during the California Gold Rush and when colonial European settlers established land rights. There was squatting during the Great Depression in Hoovervilles and also during World War II. Shanty towns returned to the US after the Great Recession (2007–2009) and in the 2010s, there were increasing numbers of people occupying foreclosed homes using fraudulent documents. In some cases, a squatter may be able to obtain ownership of property through adverse possession.

<span class="mw-page-title-main">Squatting in Australia</span> Occupation of land or buildings in Australia without permission of owner

Squatting in Australia usually refers to a person who is not the owner, taking possession of land or an empty house. In 19th century Australian history, a squatter was a settler who occupied a large tract of Aboriginal land in order to graze livestock. At first this was done illegally, later under licence from the Crown.

<span class="mw-page-title-main">Squatting in Spain</span> Occupation of unused land or derelict buildings in Spain

Squatting in Spain refers to the occupation of unused or derelict buildings or land without the permission of the owner. In Francoist Spain migrant workers lived in slums on the periphery of cities. During the Spanish transition to democracy, residential squatting occurred in Spanish cities such as Barcelona, Bilbao, Madrid, Valencia and Zaragoza. From the 1980s onwards a new generation of squatters set up self-managed social centres which hosted events and campaigns. The 1995 Criminal Code among other things criminalised squatting, but failed to stop it. Social centres exist across the country and in Barcelona and Madrid in particular. In the Basque Country they are known as gaztetxes.

<span class="mw-page-title-main">Squatting in Malaysia</span>

Squatting in Malaysia is the occupation of unused or derelict buildings or land without the permission of the owner. Squatting began after World War II and is governed by various laws. Recently the government has announced its intention to house squatters in affordable housing.

<span class="mw-page-title-main">Squatting in Zimbabwe</span>

Squatting in Zimbabwe is the settlement of land or buildings without the permission of the owner. Squatting began under colonialism. After Zimbabwe was created in 1980, peasant farmers and squatters disputed the distribution of land. Informal settlements have developed on the periphery of cities such as Chitungwiza and the capital Harare. In 2005, Operation Murambatsvina evicted an estimated 700,000 people.

<span class="mw-page-title-main">Squatting in Peru</span> Occupation of unused land or derelict buildings in Peru

Squatting in Peru is the occupation of unused or derelict buildings or land without the permission of the owner. From the 1940s onwards, land invasions to create shanty towns first called barriadas and later pueblos jóvenes have occurred. At first they were repressed, then the government tolerated them and by 1998 it was estimated 2.5 million inhabitants lived in pueblos jóvenes in the capital Lima. In Lima there are also slum tenements in the centre known as solares or tugurios. A Wall of Shame has been built to separate rich and poor areas of the city. During the COVID-19 pandemic in Peru, an increase in the occupation of UNESCO World Heritage Sites such as Caral and the Nazca Lines was reported.

<span class="mw-page-title-main">Squatting in Namibia</span> Occupation of unused land or derelict buildings without the permission of the owner

Squatting in Namibia is the occupation of unused land or derelict buildings without the permission of the owner. During the chaos of World War I, Khoisan and Bantu peoples squatted vacant land and farms. After Namibian independence in 1990, squatting increased as people migrated to the cities. Land reform became one of the biggest goals for those who had participated in the liberation struggle. By 2020, 401,748 people were living in 113 informal settlements across the country. Squatting continues to be regulated by the Squatters Proclamation of 1985; a challenge to this law was dismissed by the High Court in 2023.

<span class="mw-page-title-main">Squatting in Brazil</span>

Squatting in Brazil is the occupation of unused or derelict buildings or land without the permission of the owner. After attempting to eradicate slums in the 1960s and 1970s, local governments transitioned to a policy of toleration. Cities such as Recife, Rio de Janeiro and São Paulo have large informal settlements known as favelas. A more recent phenomenon is the occupation of buildings in city centres by organised groups. In rural areas across the country, the Landless Workers' Movement (MST) arranges large land occupations.

<span class="mw-page-title-main">Squatting in the Philippines</span> Occupation of derelict land or abandoned buildings

Squatting in the Philippines occurs when people build makeshift houses called "barong-barong"; urban areas such as Metro Manila and Metro Davao have large informal settlements. The Philippine Statistics Authority has defined a squatter, or alternatively "informal dwellers", as "One who settles on the land of another without title or right or without the owner's consent whether in urban or rural areas". Squatting is criminalized by the Urban Development and Housing Act of 1992, also known as the Lina Law. There have been various attempts to regularize squatter settlements, such as the Zonal Improvement Program and the Community Mortgage Program. In 2018, the Philippine Statistics Authority estimated that out of the country's population of about 106 million, 4.5 million were homeless.

<span class="mw-page-title-main">Squatting in Sri Lanka</span>

Squatting in Sri Lanka occurs when people are displaced by war or natural disasters, find it difficult to transfer title or build shanty towns. The Government of Sri Lanka has attempted to regularize squatter settlements. In 2020, there were reported to be over 600,000 squatters on state land.

<span class="mw-page-title-main">Squatting in Cambodia</span>

Squatting in Cambodia is the occupation of derelict buildings or unused land without the permission of the owner. Following the Khmer Rouge and the Pol Pot regime, the new democratic government introduced land reform. In the capital Phnom Penh, where in 2003 an estimated 25 per cent of the population was squatting, there are informal settlements and occupied buildings.

<span class="mw-page-title-main">Squatting in Taiwan</span>

Squatting in Taiwan is the occupation of unused land or derelict buildings without the permission of the owner. Squatting was fuelled by migrants from China from the 1950s onwards and in addition cities such as the capital Taipei were swelled by internal migrants from the countryside. In order to create Daan Forest Park, 12,000 squatters were evicted. The informal settlement at Treasure Hill has been recognized as cultural heritage.

<span class="mw-page-title-main">Squatting in Haiti</span>

Squatting in Haiti is the occupation of unused land or abandoned buildings without the permission of the owner. Following the Haitian Revolution (1791–1804), squatters acquired smallholdings across the country. As the capital Port-au-Prince grew, so did the informal settlements ringing it. In the Bel Air district, there is some squatting whilst most people pay rent, building their own homes. In 2004, President Jean-Bertrand Aristide was deposed in a coup and poor areas such as Bel Air and Cité Soleil erupted in violence. Peacekeepers from the United Nations Stabilisation Mission in Haiti later evicted ex-combatants squatting in the house of Aristide.

<span class="mw-page-title-main">Squatting in Kenya</span> Residential occupation in farms and cities

During the colonial occupation of Kenya, Black Africans working on farms owned by white settlers were called "squatters" by the British. As of 1945, there were over 200,000 such squatters in the Highlands and more than half were Kikuyu. The Mau Mau rebellion began amongst these squatters in the late 1940s and after independence in the early 1960s, peasants started squatting land in rural areas without the permission of the owner.

<span class="mw-page-title-main">Squatting in Scotland</span>

Squatting in Scotland is criminalised by the Trespass Act 1865. Following the Highland Clearances, land raids occurred across rural Scotland in the late nineteenth and early twentieth centuries, for example in Vatersay and Knoydart. More recently there have been land occupations as both road protests and as part of the Occupy movement. Baile Hoose was occupied during the 2021 United Nations Climate Change Conference in Glasgow.

References

  1. 1 2 Yano, Toru (1968). "Land Tenure in Thailand". Asian Survey. 8 (10): 853–863. doi:10.2307/2642084. ISSN   0004-4687. JSTOR   2642084. Archived from the original on 2 February 2023. Retrieved 13 April 2021.
  2. 1 2 3 Suehiro, Akira (1981). "Land Reform in Thailand: The Concept and Background of the Agricultural Land Reform Act of 1975". The Developing Economies. 19 (4): 314–347. doi: 10.1111/j.1746-1049.1981.tb00700.x .
  3. ↑ Yesilkaya, Ahmet (28 June 2013). "Land ownership through adverse possession". Bangkok Post. Archived from the original on 2 February 2023. Retrieved 24 January 2022.
  4. 1 2 Staff writer (9 September 2019). "Govt gets tough on plot squatters". Bangkok Post. Archived from the original on 2 February 2023. Retrieved 13 April 2021.
  5. ↑ Immigration and Refugee Board of Canada. "Thailand: Landownership documentation". Refworld. Archived from the original on 2 February 2023. Retrieved 2 February 2023.
  6. ↑ Boonyabancha, Somsook (14 May 2008). "Upgrading Thailand's Urban Settlements: A community-driven process of social development". In Dani, Anis A.; Moser, Caroline (eds.). Assets, Livelihoods, and Social Policy. World Bank Publications. pp. 195–214. ISBN   978-0-8213-6996-8.
  7. 1 2 Aldrich, Brian C. (2016). "Winning their place in the city: Squatters in Southeast Asian cities". Habitat International. 53: 495–501. doi:10.1016/j.habitatint.2015.12.001.
  8. ↑ Amirtahmasebi, Rana; Orloff, Mariana; Wahba, Sameh. "Urban Regeneration". World Bank. Archived from the original on 13 April 2021. Retrieved 13 April 2021.
  9. 1 2 Drakakis-Smith, David (26 July 2012). Urbanisation, Housing and the Development Process. Routledge. pp. 72–3. ISBN   978-1-136-86618-0. Archived from the original on 2 February 2023. Retrieved 2 February 2023.
  10. ↑ Pornchokchai, Sopon. City Report Bangkok (PDF). HABITAT. Archived (PDF) from the original on 13 April 2021. Retrieved 13 April 2021.
  11. ↑ Swift, Richard (2 January 2006). "The lease on life". New Internationalist. Retrieved 13 April 2021.
  12. 1 2 Tapp, Nicholas (1990). "Squatters or Refugees: Development and the Hmong". In Wijeyewardene, Gehan (ed.). Ethnic Groups Across National Boundaries in Mainland Southeast Asia. Institute of Southeast Asian Studies. pp. 149–172. ISBN   978-981-3035-57-7. Archived from the original on 2 February 2023. Retrieved 2 February 2023.
  13. ↑ Rigg, Jonathan; Salamanca, Albert; Phongsiri, Monchai; Sripun, Mattara (2018). "More farmers, less farming? Understanding the truncated agrarian transition in Thailand". World Development. 107: 327–337. doi:10.1016/j.worlddev.2018.03.008. S2CID   158477247.
  14. 1 2 Giné, Xavier. "Land Security in Rural Thailand: Evidence from a Property Rights Reform" (PDF). World Bank. Retrieved 24 January 2022.
  15. ↑ Feder, Gershon (1987). "Land ownership security and farm productivity: Evidence from Thailand". Journal of Development Studies. 24 (1): 16–30. doi:10.1080/00220388708422052.
  16. ↑ Jazairy, Idriss; Stanier, John; Alamgir, Mohiuddin; Panuccio, Theresa (1992). The State of World Rural Poverty: An Inquiry Into Its Causes and Consequences. NYU Press. p. 122. ISBN   978-0-8147-3754-5.
  17. ↑ Carlisle, Peter (21 June 2020). "Thailand's "Sor Por Kor" land - degraded forest tracts that the government gives to poor farmers - continually courts controversy". Thailand Construction and Engineering News. Archived from the original on 24 January 2022. Retrieved 24 January 2022.
  18. 1 2 Cohen, Erik (January 2014). "Tourism Encroachment on Reserved Forest Areas: A Case Study from Thailand". Tourism Recreation Research. 39 (2): 185–202. doi:10.1080/02508281.2014.11081766. S2CID   167642874.
  19. ↑ Tanraska, Panumate; Yonpiam, Chairith (22 June 2020). "Resorts embrace "Sor Por Kor" rental plan". Bangkok Post. Archived from the original on 2 February 2023. Retrieved 24 January 2022.
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