2015年7月26日 星期日

Land rights ignored in the hunt for quick profit

Many Taiwanese might find themselves in a difficult situation as government plans nominally intended to benefit the public interest actually deprive people of their land and the homes which they rely on for their survival.
Why do we have this problem? It is primarily due to financial and political factors. As the government is laden with debt, it constantly makes plans for major construction programs, overstates economic efficiency and population growth and relies on urban planning measures to turn non-taxable farmland into urban land in order to collect land tax and the incremental land tax.
In 1990, the Executive Yuan ordered that farmland should be converted into urban land, all of it by means of zone expropriation. Through this process, the government created large lots of land that could be sold off to private buyers for construction purposes, thus giving the government a financial boost. In the words of former Miaoli County commissioner Liu Cheng-hung (劉政鴻), this strategy was a “cash cow” for his government. To increase the self-liquidating rate of public construction projects, land development has been used to finance construction. Regular expropriation has also been used.
Land has huge underlying profit potential that can be converted through political forces. This is the reason over half of all local political factions are engaged in industries related to land development. Local politics is tantamount to land politics, in which urban planning has become a field for political-economic interest exchange and for co-opting local power brokers.
Local development is dominated by an alliance of political-economic interest groups that promote land development and view land as a lucrative commodity. This alliance of interest groups are like vultures that, aside from using urban planning projects and land expropriation, use self-managed urban land rezoning and urban renewal measures and have savagely devoured the land and homes of good people.
Although the Constitution explicitly stipulates that “The right of existence, the right to work and the right of property shall be guaranteed to the people,” the alliance between government and business does not only ignore their importance, it also intentionally misinterprets them. For example, zone expropriation has been misleadingly interpreted as cooperative land development between the government and the private sector in order to avoid the strict requirements that are placed on land expropriation. In addition, self-organized rezoning committees are full of nominal members and as long as the directors and supervisors control half the property rights and members, they also control the remaining property rights.
These practices are quite shocking and could possibly be serious constitutional violations. In particular, rezoning plans that do not go through fair, just and open democratic review processes, but are instead passed by a majority vote, is nothing less than bullying the minority.
Unfortunately, national plans and programs that should be in the public interest have now developed into a system of land exploitation controlled by the alliance of political and business interests. This is a severe invasion of basic human rights, which has led to an increase in difficulties for a number of people. Pope Francis recently said that the poor should be given the right to work, abode and land and that these rights should be protected, calling them “sacred rights.” One can only speculate as to whether this is enough to open the eyes of those in power to the suffering of the poor.
Translated by Zane Kheir
發表於Taipei Times,2015/07/17,P. 8.

兇殘禿鷹,難民哀嚎


國際間戰亂頻繁,造成嚴重的國際難民問題。不知在國際難民之外,是否也有國內難民呢?有的,許多以增進公共利益為名的國家各項計畫,強制剝奪了許多人賴以維生的土地及住家,致使其生活及生命皆遭致嚴重的打擊。

為何會發生國內難民?主要是財政及政治因素。由於政府負債累累,因此不斷地虛構國家重大建設計畫,浮報經濟效益及人口增量,經由都市計畫手段,將不用繳稅的農地變更為市地,得以課取地價稅及土地增值稅。1990年,行政院更下令農地變市地,一律採區段徵收,經此途徑,政府更可獲得大量可建築用地,經標售後,獲得財政挹注,而這就是劉政鴻口中的「金雞母」。晚近,為了提升公共建設的自償率,藉由土地開發來籌措建設經費,一般徵收也被運用。

由於土地隱藏龐大利益,可以透過政治力予以創造,因此,地方派系過半數以上皆是從事於土地開發相關行業,地方政治其實就等同於土地政治,都市計畫變成是政治經濟利益交換及拉攏選舉樁腳的場域。地方發展被以促進土地開發炒作的政商利益聯盟所掌控,其視土地為獲取暴利的商品。這個聯盟宛如禿鷹一般,除了運用都市計畫與土地徵收,更使用了自辦市地重劃及都市更新手段,兇殘的吞噬善良百姓的土地與住家。

  雖然憲法明文規定財產權及生存權應予保障,但是政商利益聯盟不僅未予重視,並刻意曲解。例如,區段徵收被誤導為「政府與民間合作的土地開發」,以此來規避土地徵收所需具備的嚴謹要件;另外,充斥人頭的自辦重劃會,只要理監事掌握過半產權及人數,竟然就可霸凌其他幾乎一半的產權,這真是駭人聽聞,恐有嚴重違憲之虞,尤其是重劃計畫書未經公平公正公開的民主審議程序,僅憑多數決就予通過,這為多數暴力。


    很遺憾地,原本應該是要追尋公共利益的國家各項計畫,如今卻都成為政商利益聯盟所共築的土地剝奪體制,嚴重侵害基本人權,造成國內難民四起。近日,天主教教宗方濟各大聲疾呼「賦予並確保窮人勞動、居住與土地是神聖權利」,不知這是否能讓掌權者聽見難民的哀嚎?

(發表於「自由時報」,2015/07/13,A15)