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Navy calls in DSI to resurrect Bang Khanun encroachment probe

Navy calls in DSI to resurrect Bang Khanun encroachment probe

PHUKET: Pol Capt Piya Raksakul, Deputy Director-General of the Department of Special Investigation (DSi) arrived in Phuket today (Aug 15) to inspect firsthand areas in the Bang Khanun Protected Forest Reserve that are occupied by farmers and to speak with senior Navy figures about their plans to build military installations there.


By The Phuket News

Tuesday 15 August 2023 05:37 PM


 

DSI Director-General Pol Maj Suriya Singhakamol had instructed Capt Piya to carry out the inspection, reported the Phuket Info Center today.

Joining the inspection were officers representing the Department of Air Defense and Coastal Defense Naval Police Department and a representative of Rear Adm Arpakorn Yookongkaew, Commander of the Royal Thai Navy Third Area Command, which is based on Cape Panwa, on Phuket’s east coast.

The inspection was carried out in the forest reserve’s hills located in Moo 5, Sakhu, located just a handful of kilometres south of Phuket International Airport.

According to the report, the inspection confirmed many areas where the forest had been replaced with plantations of rubber trees, and areas completely cleared of natural forestation to make way for durian plantations.

Permanent buildings were found on the hills, which were described as more like “vacation homes”, built to take advantage of the high sea views overlooking Nai Yang Beach. The panorama also offered views of aircraft taking off and landing at the nearby airport, which was pointed out as “an area of aviation security”.

It was also found that the buildings had been constructed without any permits issued by Sakhu Tambon Administrative Organisation (OrBorTor), the nearest local government authority for the area. However, the report did not recognise that the land was previously under the protection of the Royal Forest Department (RFD), and it was not confirmed whether or not the RFD had allowed the homes to be built.

Photos that accompanied the report posted today showed modest structures, including a shack, that would provide for nothing more than simple living needs only. However, more elaborate homes have already been found within the forest reserve, and have been ordered to be removed.

Capt Piya explained that the DSI had accepted to investigate as a special case (No. 59/2564) a complaint of encroachment into the forest following the attempts by Thalang Technical College to extends its campus on land within the forest that the Royal Forest Department had already given its express permission to use.

Not specifically pointed out in the report today was that complaint ‒ filed by Jamroon Kerddam, Chairman of the Gulf of Thailand - Andaman Area Conservation Network, was filed and accepted two years ago, with the result of that investigation never reported by the DSI.  Today, it was resurrected, in coordination with Navy personnel present for the inspection.

According to the report by Phuket Info Center today, the investigation is to resume with focus on individuals illegally occupying areas within the forest for personal gain.

“The Department of Special Investigation is a law enforcement agency. When investigating, it was found that there were violations of various laws. according to the powers and duties entered into the Special Case Investigation Act. Therefore, it is necessary to enforce the law fairly and equally,” the report said today, without citing the source of the quote.

“Vice Admiral Apakorn, Commander of the Third Navy Area, said today he met with a representative from the Department of Special Investigation, thus providing in-depth evidence about individuals and groups,” the Phuket Info Center report said.

“It is likely to be an offence to destroy natural resources for trade and enter the base of money laundering. Following this, in the investigation and prosecution of offenders, it should be the Department of Special Investigation.

“As for the Third Area Command, it will serve to support the Special Investigation Officers of the Department of Special Investigation. As for the use of the area, it will strictly follow the conditions of the Royal Forest Department and try to grow native forests to diversify in the deforested areas of monocultures,” the report said.

Of note, in the initial investigation into illegal encroachment of the Bang Khanun Protected Forest Reserve area located behind Thalang Technical College, the DSI noted, “From the preliminary examination of the documents it is believed that the land use record of persons in the forest area (Form TorPor 4) prepared do not comply with the laws and regulations of the Royal Forest Department, and [the DSI] believes that such documentation is likely to have been made arbitrarily… Also found that there is a complex process which may be unlawful to occupy the area of Pa Bang Khanun National Forest Reserve.”

The TorPor 4 document cited is the basis of the claim by farmers that they have rights to continue to use the land in the forest, which has now been handed over to the Royal Thai Navy to build military installations.

A TorPor 4 is a tax receipt which serves as evidence of possession of land, but does not confer ownership rights. However, it is useful when applying for a Certificate of Possession (SorKor 1). 

Once a SorKor 1 has been issued for a parcel of land, the occupier can then start the process to elevate the document for land possession status, over time and step by step, all through way through to full ownership through a Chanote.

Meanwhile, the Royal Thai Navy is continuing with its push to build three military installations in the forest, which covers more than 3,700 rai.

The Royal Thai Navy plans to use the forest land to create a new home for the 22nd Anti-Aircraft Battalion, the 2nd Anti-Aircraft Regiment, the Anti-Aircraft Command Unit, an Air Defense and Coastal Defense Center and the 4th Naval Police Battalion of the Naval Police Department.

V/Adm Arpakorn in June said, “People in the area come to make a living in the forest. We can confirm that no villagers have been pushed out of the area. You can still cut the rubber. But when those rubber trees expire, it must be stopped. Do not plant new trees.”.

V/Adm Arpkorn recognised that 265 “cases” had been approved use of areas within the forest, which has been officially classified as “degraded forest”.

However, there are many others with no such legal right to occupy areas in the forest. Such people will be forced to vacate the area, he said.

“After clearing the forest and planting rubber plantations in this area, we have to cooperate with local conservation groups on how to help the forest recover,” he added.