BMA reneges on Mahakan Fort promise
Conflicts over the Mahakan Fort community continued to escalate this week, and it’s about time the Prayut Chan-ocha government steps in to find a solution. The situation became tense early this month when the Bangkok Metropolitan Administration (BMA) began demolishing the first batch of houses in the community that has struggled against eviction. Under the first phase, 12 houses would have to be torn down.
However, after negotiations mediated by the National Human Rights Commission, the BMA initially agreed it would not dismantle any houses further until a multi-party committee was set up to work on a conservation and development plan for the area — which is listed as a heritage site — and that no more demolition of houses would be carried out without the consent of residents.
But the BMA has breached its promises. The agency said it adhered to its eviction plan and announced a timeframe for clearing the community by the end of November. It tried to kick off the second phase of demolition this week.
The uncompromising stance of the BMA is worrisome. It has turned a deaf ear to calls by academic and civic groups which see the potential of the community as being a living museum.
More importantly, it ignored a policy U-turn by the Committee for the Conservation of Rattanakosin and Old Towns which allows coexistence between the community and the heritage site as long as the community helps conserve the fort — a role that it has played for decades. And that is a shame.
The community cried foul over “dirty tactics” employed by the BMA eviction team.
“It has tried to tear down community bonds,” a community leader alleged.
Some house owners want to leave the community without prior notice. The leaders said it is believed that some BMA officials must be behind the move which, he insisted, aimed to create a picture that the community is about to crumble.
“Anyone who wants to move out of the community can do so. We will not stop them. We just ask them not to dismantle any structures right now,” he said, adding that the BMA should honour its word that there would be no demolition until the multi-party panel is established.
Town planning academic Paranee Sawasdirak said there is no reason for the BMA to rush demolition work. The community said it will call the PM’s Office Ministry next week to follow up its petition.
“It’s understood that the BMA is not authorised to set up the proposed committee as the power to do so belongs to the government,” she said.
Ms Paranee pointed out that the community has not blocked anyone from leaving, as alleged by some factions and the BMA, but demolition must wait until the committee is set up and a conservation plan is worked out.
She said the ongoing confrontation between the community and the BMA must be solved.
Some civic members have voiced concerns that the stand-off could end up in violence as the community will be cornered.
“The BMA should no longer focus on ownership rights of the land,” she said, adding it must look at development with a participatory approach which is possible under the laws that recognise community rights and the importance of the cultural landscape.
Ms Paranee said many have questioned BMA claims that it is obliged by the law to stick to the eviction plan. It cited verdicts by the Administrative and Supreme Administrative courts.
Prinya Thaewanarumitkul, vice-rector of Thammasat University who is a law lecturer, has offered legal advice to the community. He said legal issues are not an obstacle for the community to be part of conservation efforts.
He said not only laws can solve the problem as the issue has many angles. “It’s up to the policy,” he said.
Mr Prinya said City Hall needs to change its conservation paradigm and accommodate poor people.
It should be noted that these people do not call for ownership, they just want the right to stay. Community land title deeds are one option.
“In any city, there must be space for poor people who offer some kind of service, like selling food, to enable the city to move on,” he said.
City Hall needs to change its conservation paradigm and accommodate poor people.