Premier Jiang Yi-huah and the Cabinet heard the Ministry of the Interior's (MOI) report on the Dapu land development project today. The premier affirmed that the government respects citizens' right to express dissenting opinions but called on protesters of the Dapu development to make their appeals in a legal, rational manner.
The long-running dispute arose from the Miaoli County government's decision to demolish four houses in Dapu, a community in the county's Zhunan Township, as part of a project to develop a science park together with residential and commercial complexes. After the residents refused to comply with the county government's demolition orders, the local authorities forcibly tore down the houses on July 18. Many people have rallied in protest of this action since then.
Premier Jiang noted that the case began in 2009 and can be divided into two phases. In the first phase, over 20 households opposed the planned expropriation of their farmland for the project, and to settle the dispute, then-Premier Wu Den-yih invited the residents to a meeting in the Executive Yuan to discuss the matter in August 2010.
Afterward, Wu gave instructions to find land where the households which agreed to the government's plan could relocate their farms. This was the first time the government allocated new farmland to replace lands expropriated for industrial use, and the Dapu issue was mostly settled as a result.
The second phase involved the four remaining households which did not agree to swap land. The issue lies with the location of the houses, not the farmland, indicated Premier Jiang. As these houses were located in a future traffic artery, the MOI's urban planning commission and the Miaoli government decided after further review that they, too, needed to be demolished.
The Land Expropriation Act (hereinafter referred to as the Act) was amended in 2010 to incorporate most of the requests of Dapu farmers as well as the views of experts and scholars, such as the principle that land expropriation must be necessary and in the public interest, Jiang stated.
Only a few of these suggestions were not made part of the amendment. The premier explained the government's reasoning for rejecting those recommendations as follows:
- Abolishing zone expropriation: No local governments supported this, Jiang stated.
- Allowing only experts and public welfare groups to participate in land expropriation committees and excluding all central and local government representatives from such groups: while state representatives could account for less than half the committee members, to exclude them entirely would be infeasible, the premier maintained.
- Obliging the central government, not local authorities, to hold public hearings on all land expropriation cases: Since there are over 1,000 such cases per year, this would require an enormous amount of manpower and would be impractical, Jiang declared.
- Requiring land appraisals by three private-sector specialists and excluding local government officials from participating: This might surpass the capacities of private appraisal agencies, and the matter of whether these groups could have public authority could be problematic as well, the premier explained.
Each provision of the amended Act was fully discussed, and most citizens' demands were adopted. The amendment passed the Legislature with the approval of both ruling and opposition parties. It will still be open to public discussion in the future, the premier pointed out.
With respect to the protests, Jiang said, "It is regrettable to see any civil group label its own interpretation of any regulation as absolute justice, view any regulation contrary to its appeals as evil or brand central and local authorities as draconian. That is not how democratic dialogue should be conducted in a civil society."
Jiang directed the MOI to continue to gather suggestions on legal amendments and communicate clearly to the public about the content of today's briefing while providing updates on the Miaoli County Government's demolition progress.
The appeal to suspend the Dapu development project has been overruled by the Supreme Administrative Court on the grounds that this would not be in the public interest, pointed out Jiang. In addition, Premier Wu's conclusion on the case was a statement of policy principle whose concrete application had to be approved through administrative procedure by the urban planning commission. The case has passed through the judicial system, and the administration respects its ruling, Premier Jiang said.
"Land expropriation is a necessary means for the government to develop public infrastructure," he stated. "Whether it is zone appropriation or general expropriation, both central and local governments must face related issues such as demolition of homes and relocation of families. When considering annulling or revising the Land Expropriation Act, safeguarding people's rights and interests must be a consideration in addition to overall social and national development," noted the premier.
The premier also expressed regrets over protestors' recent trespassing into government offices and buildings, where they sprayed graffiti and put up posters, among other acts.
"In a democratic country under the rule of law, people certainly have the right to express dissenting opinions, but this must be done in a legal and rational manner," Jiang said. "The government must fully respect the public's differing views, as well. Protestors expressing dissent must do so in a democratic manner and abide by the Assembly and Parade Act.
"Although the protestors cited the academic concept of civil disobedience, their manner of expression was that of destruction of public property and assaults on civil servants, contradicting the very concept they claimed to uphold. The word 'civil' signifies not only 'citizen' but also 'civilization.' I hope protestors will use peaceful methods rather than resorting to violence or irrational behavior in their future protests."
The premier instructed relevant government agencies such as the National Police Agency and Ministry of Justice to be more patient and tactful in conducting their operations in order to avoid stirring social conflicts while firmly adhering to the rule of law.