This Land is Your Land, This Land is My Land

With the 2008 Summer Olympics in Beijing fast approaching, the People’s Republic of China continues to turn heads as it unveils modern architectural wonders constructed for the games. However, behind the splashy designs lie the human consequences of the blistering pace of infrastructure development – the nearly 1.5 million Chinese citizens displaced by construction connected with the Games of the 24th Olympiad. Western media outlets are paying close attention to the plight of the displaced as tensions over China’s unclear property laws simmer both in urban centers and the rural hinterlands. Increasingly sensitive to its international image in advance of the Beijing Olympics, the Chinese government – which received a poor score of 2.67 out of 7 for its protection of property rights in the 2007 Countries at the Crossroads report – has cracked down, resulting in increased criticism regarding public ownership of all land in the Middle Kingdom.

A new property law adopted in 2007 was hailed by the Economist as a “breakthrough” and offered new legal protections, predominantly for urban “landowners” (70-year lessees) within the rapidly emerging Chinese middle class anxiously seeking protection for their assets. The article notes that the very passage of such a law is an indication that “the party is showing itself somewhat more responsive to public opinion than it was in the past.” This latest property law, however, stops well short of a revolution in Chinese land ownership rights. Indeed, recent episodes in the run-up to the Olympics have underscored the ever-present threat of expropriation in a nation where the state owns all of the land. At the root of the issue is the fact that, as in many developing countries, a massive gap still exists between Chinese property rights in theory and in practice, with images of forced evictions starkly contrasting the Chinese government’s stated aims of “protecting private ownership” and “promoting social harmony.”

Chinese officials vehemently deny any wrongdoing in relocating people in advance of the games, adding that individuals have been adequately compensated by the state for the inconvenience. But the Centre on Housing Rights and Evictions (COHRE), a Geneva-based NGO advocating for property rights, is not convinced, naming the Beijing Municipality and the Beijing Organizing Committee of the Olympic Games (BOCOG) its Housing Rights Violator of 2007. Government compensation is hardly far-reaching, with many individuals fully excluded from receiving any remuneration. COHRE observed that “the process of demolition and eviction is characterized by arbitrariness and lack of due process.”

In spite of efforts by the government to limit discussion, China’s broader human rights record will inevitably be under the microscope during the games. Commenting directly on the recent Chunlin case, President Bush pledged to raise human rights concerns during the Olympics with President Hu Jintao and push for greater freedoms for Chinese citizens. Trying to appear accommodating, China has also stated in recent days that it would be amenable to reopening a pre-existing but stalled set of discussions regarding its rights record.

Property rights issues were again thrust into the foreground this past week as the trial of a land rights activist in China garnered international attention. Yang Chunlin, 52, faces charges of “subverting the power of the state,” as the laid-off factory worker was imprisoned after collecting 10,000 signatures on a petition entitled “We Want Human Rights, not the Olympics.” Chunlin had spent recent years helping farmers in the northeast province of Heiliongjiang receive remuneration for property seized by local officials. Through its recent actions, the Chinese government is sending a clear signal that the screws will be tightened in the coming months to prevent land rights activists from creating a stir in conjunction with the Olympics.

While property disputes are becoming increasingly common in China, the controversy has not been limited to urban areas. Indeed, the land rights issue is acute in the Chinese countryside, where millions of peasant farmers are subject to arbitrary land seizures by local officials without adequate compensation. The uneven application of the property law is creating an additional disparity between urban and rural dwellers beyond the income gap, as the latter lack sufficient economic and political clout to pressure the Chinese state. However, as the Financial Times observes, Chinese peasants are growing increasingly restive, with thousands of rural farmers whose land has been seized protesting every month. While not a new occurrence, land rights demonstrations are now becoming increasingly organized. Some farmers across the country now utilize modern communications technology to coordinate their protest actions, thereby amplifying the attenuated voice of the victims whose land has been seized. 

Although their outlook varies greatly from that of urban “landowners,” the underlying source of discontent for the rural peasantry is fundamentally the same: the absence of adequate property rights and protection against land grabs. All indications point toward increasing tensions in the Chinese system of land tenure, as both segments of society continue to pressure the state for more rights.

Photo Credit: Flickr user tashu1

Comments

[Suffering groups]

APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS

Dear Sir
From 1972 after independent many of the Bangladeshi Citizens started to Established Industries investing family resources & adopting innovative technology as SELF EARNER & to create job opportunity for million of unemployed youth for achieving economic freedom. And Government also started to help these growing PRIVATE SECTOR INDUSTRIES having fund from International Loan giving Agencies, through different Bank. From 1989.
But the Industrial Entrepreneurs becomes victims of deep rooted conspiracy & Anti Propaganda .The Bank Official refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending total non-cooperation, negligence or even to receive back their money if any Industrial Entrepreneur decided to pay back the loan amount so as to jeopardize the Government Policy of privatizations.
This way Thousands and Hundreds of Industries of Medium and Small Type of Private Sector of Bangladesh have been destroyed by Bank Officials .

Due to Such conspiracy & negligence’s , Non Banking Activities of Bank Official & Policy Maker, most of the these Industries have became inoperative & have lost their Cash Capital, Expatriate Capabilities, and helpless victims of such deep rooted conspiracy having similarity having no legal protections .
HISTORY WHICH REMIND US THAT THE HANDS OF THE TECHNICIAN OF MUSLIN FABRICS “ ,THE FINEST QUALITY FABRICS WHICH WERE EVER MADE IN BENGAL ONLY “ WERE CUT DOWN BY THE THEN COLONIAL RULER OF UNDIVIDED INDIA.”
In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker due to lack of Accountability .which are no more hidden matter . But unfortunately the SICK INDUSTRIES REHABILITATION CELL are now closed. & have no power to help Industries of private sector.
Although The INDUSTRIAL ENTERPRENEUR of Bangladesh are looking desperately for JUSTICE but the same have been closed for unknown reason.
Industrial Entrepreneur of Bangladesh are completely deprive of Legal Right due to enactment of BANK RUPTCY ACT of 1997 and ARTHA RIN ACT of 1989 which were amended on 2003 and 2007 treating the INDUSTRIAL ENTRPRENEURS OF PRIVATE SECTOR as like as SLAVE of Primitive Age.
But these laws are not applicable in Nationalized Sector where Billions of Dollars are invested with no result. Total outstanding Defaulted Bank Loan are about 60 to 70 % lying with Government Sector / Nationalized Concern ,
And less then 10 % with Small & Medium Size Industries of Private Sector & Bank Official can explain well about the remaining out standing Loan amount

LAW OF TORTS ARE MOST COMMON LAW even in neighboring countries not to speak of USA , EUROPE or AUSTRALIA, BUT NOT APPLICABLE IN BANGLESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY BANK OFFICIAL AND POLICY MAKER including other Agencies .
The Owner of Industries under Private Sector can not CLAIM ANY COMPENSATION OR SET OPF on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities of Bank officials for their huge loss and damages .

As a result NUMBER OF SICK / DISTRESSED INDUSTRIES are increasing in Every Year due to lack of accountability of Bank Official / policy maker & due to restriction as per SECTION NO 18 ( 2) & ( 3 ) of ARTHA RIN ACT of 2003 Bank Official / Loan Giving Agencies have been given total indemnity in all respect . These have been done to hide out existing high profile malpractices, corruption as per opinion of Expert Personals at organizational level .
Industrial Entrepreneur have no legal right to protect themselves from the oppression of Bank Official & Policy Maker which are no more hidden matter rather a part of deep rooted conspiracy till date
Bank official have given absolute Indemnity for Violation of Contract , Negligence Malpractices & Fraudulent Activities Industrial Entrepreneurs can file a separate suit for compensation in separate civil Court creating more complicacy for life long litigation WITH OF NO RESULT due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF OTHER COURT or even of by HIGHER COURT THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR.

Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT are directly repressive types violating of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and self contradictory to the policy of Government to resist Malpractices and Corruption and Privatization programmed ax Mentioned in Industrial Policy

Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help for JUSTICE to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such deep rooted conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies including Policy Maker to ensure for National Interest

( A ) - Humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or compensation on suit filed by the Bank / loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right between Banks / Loan Giving Agencies and of Industrial Entrepreneurs keeping similarity with on going process of ECONOMIC and ADMINISTRATIVE ,REFORMS PROGRAMME OF Bangladesh to maintain balance of law .

( B ) - All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal Right and Opportunity to prove and fix up the actual responsibility .

(C)- The Identified and Government Registered SICK INDUSTRIES of 1992 & 1996 of Private Sector have suffered heavy loss and damages since last 25 years due to Non-Banking Activities of Bank Officials and Policy Maker may kindly be allowed 100 % weaver of all type of loan liabilities .

( D )- The system of mortgage of Land & Properties from the Industrial Borrowers by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing corruption including fraudulent activities in Banking Sector which are proven matter now and may kindly be completely abolished at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or other Loan Giving Agencies.

( E ) - And the above mentioned Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT may kindly be abolished immediately to restore accountability & check against existing Negligence , Malpractices & Fraudulent Activities of Banking Sector.

More surprising are in this moment about 40,000 thousand suits have been filed by the banks in the Court for recovery of bank loam of this poor country , but no body speaks why such large numbers of Industries in Private Sector are getting more & more sick in each year

(F) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were enacted to misguide the International Community & Bangladesh National so as to serve the interest of the Vested Group & to hide the above

( G ) - It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of above mentioned facts .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization of Bangladesh.

********* N.B. the Summery of above mentioned Section of Arthatha Rin Act at a Galance:

(A)- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set – off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.
(B)- Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool .
(C) -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even .
(D) - As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence’s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice.
(E) - Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence’s Malpractices, including fraudulent activities or any fault of the bank official uni laterally

(F)- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of Policy Maker and the Law Maker .

Suffering Groups of Industrial Entrepreneurs of Bangladesh

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