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Scheda «Tribunale Internazionale degli sfratti»

Venerdì, 19 Agosto 2016 20:01:53

General Information

Taiwan
Taoyuan City
Dayuan District, Lu Jhu District. The plan covering 4687.22 hectares and land expropriation covering 3155.14 hectares.
Dayuan District: Haikou Vil (Donglong Kaiyue Community, Jyun pin Community), Jhuwei Vil (Jhuwei settlements), Shalun Vil, Houcuo Vil (Toutian community), Zuntou Vil, Hengfong Vil (near Shueiyuan road), Wucyuan Vil (Taiwan yuansheng farmers), Pusin Vil (along jhongjheng Road east and Sankuai cuo), Dahai Vil, Sandan Vil (organic farmers) and Guolin Vil (Hechuan Area construction land). 蘆竹區:坑口里(A11站附近)、山腳里(有機農民)、內厝里、長興里、蘆竹里(水尾地區-八股路、富國路二段、南崁路二段)、宏竹里(大竹北路與宏竹路附近)、新莊里。 Lu Jhu District: Kengkou Vil (near station A11), Shanjiao Vil (organic farmers), Neicuo Vil, Changsing Vil, Lu Jhu Vil (Shueiwei area, Bagu road, Fuguo Road section 2, Nankan Road section 2) and Hongjhu Vil (near Dajhu road north and Hongjhu road), Sinjhuang Vil.
1 (Housing), 3 (Entire neighbourhood), 4 (Cultivated land)

Description of case of forced evictions

2 (underway)
In February 1979, Chiang Kai-Shek International Airport started its operation and renamed as Taoyuan International Airport in 2006. Its land was obtained through oridinary expropriation. Thus many nearby residents still remembered the first forced expropriation. On 16 May 1997, the Executive Yuan approved the ‘Taoyuan Air Cargo Park cum Passenger Transit Area (Dayuan South Area) Special Region Project’ (that is the Taoyuan Air City Development Plan at the Initial Stage), it aimed at utilising the existing infrastructure of the Taoyuan International Airport to promote Taiwan as the Asia-pacific Operation Center, thereby targeting the adjacent area of the airport as the priority area. In May 1999, the government announced to expropriation 221.2835 hectares, it includes the Cargo Park 44.5874 hectares, Passenger Area 176.6961 hectares. The originally proposed 44 hectares of Cargo Park has been expanded to 107 hectares in the recent Aeropolis plan.. 3. In 1999, to cope with the construction of the western high-speed railway, the government proposed the “High-speed railway Taoyuan station Special Zone Project” which took High-Speed Rail Taoyuan Station as the centre. This project aimed to attract industries across exhibition, meeting, medicine and residential population. The project area covering 490 hectares with an estimated expropriating area 442.3 hectares. About three-fourths of the plan locates in Zhongli District and one-fourth of the plan belongs to DaYuan District. 4. In 1996, it was originally planned to build airport MRT in the way of Build-operate-transfer. But because of the lacks of investors’ capital and coordinated contractors, the plan was failed. In 2002, the government took up the project in the form of self-built. There were 26 stops along the MRT line. Those stations located in the scope of Aeropolis include A11 station (Luzhu Vil and Kengkou Vil), A15 station (Dayuan District Dayuan Vil), and A16 station (Dayuan District Hengfeng Vil). Therefore, the above mentioned areas are facing a second time of eviction. Besides, because of the need to build repairing depot around A11 station, the Bureau of High-Speed Rail of the Ministry of Transport signed the contracts of borrowing land with the residents in 2006, which later arouse controversy. Nearby the Aeropolis, the A10 station which located at Luzhu District Shanbi Vil has also developed and expropriated in the name of MRT zone. 5. As above mentioned, the residents living near the Aeropolis or their relatives may experience evictions for more than once under various excuses of public infrastructure projects.
20 thousands people People who threated by direct eviction: Toutian Cuo(townhouse) residents, farmers, self-sustained old farmers, residents of informal settlements, residents with only benefitial rights, apartment residents with little right to land, tenents (with indigenous), and illegal factories. People who are suffered from latent (and indirect) evictions: Albeit part of the areas have been removed from the estimated land expropriation area. However, some communities might still face the dillemma to move away because of the construction work that affects their living environment.
Official reasons: The egg yolk zone, it was originally planned as Taoyuan International Airport. There is the need to build the third runway, free trade zone, and thus, the necessity to land expropriation. For the egg white zone, citing the concept of Aeropolis, it is believed that the passenger transit capacity would bring about commercial and residential area demand. Thus, it is necessary to bring land expropriation. Unofficial reasons: Officials and democratic representatives lobbied for excluding the use of military land, and requested the plan to expand from the egg yolk area to the nearby locations, in order to boost the land development. Officials and representatives and those informed investors conducted land transactions in the adjacent areas and thus pressurised for the expansion of the plan. Source: 2013-06-28,自由時報,「被爆炒捷運地皮 桃副縣長李朝枝請辭獲准」http://news.ltn.com.tw/news/politics/paper/692110。
1997.5.16 The Executive Yuan passed Taoyuan Air Cargo Park cum Passenger Transit Area (Dayuan South Area) Special Region Plan (also known as the Initial Planning Phase for Taoyuan Air City Development Plan). 2009.1.23 The International airport development law is passed 2010.4.30 The Taoyuan city government announced the total area of the Taoyuan Air City Regional Plan to be of 6150 hectare, expropriation reached 1000 hectares. 2011.4.11 The Executive Yuan authorised the Framework Plan for the Taoyuan International Airport Zone. 2013.4.25 The Ministry of the Interior Regional Planning Commission passed the “Revised Taoyuan International Airport Zone and Adjacent Areas Special Regiona Project”, expropriation expanded to 3000 hectares and above. It is rumored that the then Head of the Construction and Planning Agency Ye Shiwen has pushed for the expansion of the plan. 2013.6.3 The head of the Construction and Planning Agency Ye, Shi-wen applied for early retirement. 2013.6.28 The original Taoyuan City Vice-president Li Chaozhi was allowed resignation because of his scandal of speculation on lands and ponds, starting from 1 July. On 15 July, Taoyuan mayor Wu, Zhi-Yang took up the position as vice president and he would be responsible for promoting the plan of Aeropolis. 2013.7.24 The first public exhibition for the Aeropolis Plan. 2013.10.29 The Construction and Planning Agency convened the seventh meeting of the City Planning Commission to scrutinise the Taoyuan Aeropolis Plan. The Self-Help Association first protested against “destroy schools then remove homes”. Taiwan Rural Front,Taoyuan Education Union both supported the protest. 2013.11.9 83 years old farmer Lu, A-Yun of Dayuan District Guolin Village committed suicide with pesticide. 2013.12.24 The Construction and Planning Agency scheduled a house meeting to scrutinise the Air city plan, but was faced by the protest of the self help association with the picture of the deceased, and turned the meeting room to mourning hall for intense worshiping. This successfully paralysed the meeting. 2013.12.30 The Construction and Planning Agency convened the meeting again and passed the revised plan for development. 2014.2.25 The Air City Plan had its second pubic exhibition. 2014.5.31 Prosecutors confirmed that Taoyuan City Vice-president Ye Shiwen has received bribes of 26 hundred thousands from Yuan-Xiong airport free trade limited company in the Bade Adequate Housing Plan (as one of the resettlement plan). 2014.6.22 Taoyuan Aeropolis Anti-Eviction Alliance, Taoyuan Education Union, Taiwan Alliance for Human Rights etc. organised the demonstration of “Publicly Scrutinising the Aeropolis Project”. It demands anti-corruption, anti-eviction, anti-brainwashing and public hearing, over 500 people joined the march. 2014.7.29 Construction and Planning Agency approved the Taoyuan Air City Specific Plan. 2014.11.8 The Taoyuan Aeropolis Anti-Eviction Alliance organised the Aeropolis Landscape Art Festival and created art pieces with residents, local artists and volunteers, among where a 7-neter-tall art piece called “the lost teddy bear” is the most popular. About 50 thousands people joined the festival. 2014.11.29 The Kuomintang candidate Wu Zhiyang, who pushed for the Aeropolis plan, lost the election, the Democratic Progressive Party member Cheng Wen-tsan won the election unexpectedly. 2015.4.15 The authorities initially planned to organise 12 preparatory meetings for public hearings on the Taoyuan Aeropolis plan on four consecutive days starting on 18 April. However, it was controversial because only landowners of special farming zones in the Airport area were allowed to join. On 15 April, in the meeting of Transport Committee of the Legislative Yuan, several legislative councillors moved a temporary motion to demand a regional public hearing for the whole coverage of the plan and passed the motion. They also called for suspending the preparatory meetings. The Ministry of Transport therefore stop the preparatory meetings accordingly and revise the plans. 2015.10.1 The president candidate from the Democratic Progressive Party Tsai Yingwen proposed an Asia Silicon Plan and chose Taoyuan as the base of operations. 2015.10.3-11.15 There were again 24 meetings of preparatory public hearing, but they again excluded residents of the egg white area. 2016.4.29-5.1 Public hearings were organised. 2016.5.8 Mayor Cheng Wen-tsan said that the Asia Silicon project including Air city plan and expansion of capacity for operation, must be viewed together. He added that the area of the Aeropolis plan should be reviewed by the Ministry of the Interior.
Those who did not remove from the area of expropriation will face forced demolition of the house. Amongst them, those residents who do not possess landownership or with a small portion of possession of land would not be able to be compensated for land to build their homes. For those residents who has the right to receive redistributed land lot but economically could not afford to the rebuilding of their houses, they scenarios are similar. For those who have been removed from the expropriation area but still stay in the Aeropolis Project Area, they might encounter the decision of whether to move away since the construction works would inevitably affect their living quality. Last but not least, the old farmers would lose their farming lives because their means of production would be expropriated. Environmental aspect: Loss of farmland, loss of functions of pond. Social aspect: right to housing, right to life, rights to employment and right to education
XXX
Authorities in need of land : Ministry of Transport for egg yolk area, and Taoyuan city government for egg white area. Planning authorities: Construction and Planning Agency, Ministry of the Interior

Support, measures taken and follow up

sì (yes: which?)
(Taiwan Association for Human Rights)、元貞律師事務所(Primordial Law Firm)、環境法律人協會(Environmental Jurists Association, EJA)、台灣農村陣線(Taiwan Rural Front)、桃園在地聯盟(Taoyuan Development Opposition)、桃園市教育產業工會(Taoyuan Education Union)
Writing letters of petition, attending meetings of urban planning commission of the Ministry of the Interior, holding press conference, political lobbying, organising land art festival at the site, running for election for the Legislative Yuan. With regards to the construction of the third runway, we have appealed to conduct Environmental Impact Assessment. With regards to the overexpansion of the plan, we demand the government to organise a regional public hearing for the whole coverage.
Same as above
It is not entered the phase of demanding compensation.
extra (yes: which?)
Taiwan Association for Human Rights, Primordial Law Firm, Environmental Jurists Association, EJA, Taiwan Rural Front, Taoyuan Development Opposition, Taoyuan Education Union, etc. recomend that to utilise the original military airport area as the ‘Egg Yolk area’ to reduce the expropriated area.As for the egg white area, it is proposed to utilise the adjacent urban area whereby the population density are remained low and the idled industrial land nearby, thus not requiring land expropriation.
1. With regards to houses which do not affect public infrastruction and house building, residents petitioned for planning for the first type residential area, that is keeping it as it is, and removing it from land expropriation. 2. With regards to houses which build on the farmland and do not affect public infrastructure, the government raises the ‘alternatives’ by the measures of zone expropriation. Namely by donating the posession of land to exchange the compensate land which reserves at the original location of their house. Aganist this arrangement, residents petitioned for planning for the third type residential area, and should be remained to be housing in the way of farmland rebating. For those land value of expropriated land which lower than the value of redistributed location, they will need to compensate for the price difference. Besides, for those whose houses are informal settlements, they won’t be accredited when applying to locational reservation.
Same as question 15.
We hold appeal and petition for scrutinising the procedures. Outside scrutiny procedures,we host press conferences to expose the unreasonable parts of the plan or to reply the government’s statements. During the election season, we continue to organise Landscape Art Festival and to run the election campaign in order to maintain the heat of the issue.

Details of the person registering information

田奇峯(Tien Kei-Fung)、蔡美齡(Tsai Mei-Ling)
Spokeperson
Taoyuan Aeropolis Anti-Eviction Alliance
XXX
Taiwan
0988975351
standforpeople@gmail.com
http://antieviction.blogspot.tw/
Chinese
The same

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