LAND PROBLEM

Background of the Bahn Ruam Jai Project.

The Bahn Ruam Jai Project (BRJ) was established in January 1984 in response to the expanding educational needs of Thai hill tribe children and teenagers. The project was started by five founders, including two tribal members - Hmong and Mien - and three lowland Thai - one anthropologist, one merchant, and one government teacher from a hill tribe community (all quite knowledgeable about tribal lifestyles. The main reason for initiating the project was the conviction that one of the major causes of problems in hill tribe communities is a general lack of quality education. �@

As the project did not have any financial resources,its beginnings were indeed humble. It borrowed money from respected people and friends of the founders, and also relied on donations made by the founders themselves and others wishing to contribute. One of the activities to raise money was an exhibition and presentation of hill tribe culture in Bangkok, which managed to raise 897,876 baht and makea profit of 140,763 baht (at that time $US = 25 baht). This made it possible to support the living expenses and education of 30 children in the first year. After moving several times in 1988, BRJ found a plot of land for a permanent location. A foundation in Thailand bought the land and a representative issued a document granting official permission to use the land for the duration of the project. WhileBRJ is more or less an autonomous organization, since 1989 it has come under the auspices of the Highland Quality of Life Development Association. From 1984 to 2001, the Bahn Ruam Jai Project has supported more than 400 children in their education.

The land in question, by order of events.

2. In 1987, BRJ had no financial resources, and the representative (a founding member of the Foundation) told BRJ that he could arrange for BRJ to borrow money from the Foundation . A proposal for financial support was prepared by the Bahn Ruam Jai Projec, and approval by another donor organization. At that time, BRJ was not an 'official' organization, as we were still in the process of registering our organization with the government. Therefore, we could not receive funding directly, requiring it to be sent through the Foundation. The Foundation was repaid by BRJ,which also offered to pay for their administrative costs, but they declined.

Building supported by Japanese donation.

3. We then asked for the extra money we received from our donors to be transferred to us, so we could set up an account and begin running our own organization. The Foundation refused and instead the extra money was put in the Foundation's name, with an agreement to transfer money to the BRJ account every three or four months, effectively giving the Foundation control over BRJ's own financial resources. In addition, the Foundation required BRJ to submit financial reports, even though BRJ was completely independent of the Foundation.

4. The BRJ was looking for land where they could permanently establish accommodations for the hill tribe school children, rather than renting. The representative told BRJ that he would like to provide funds from the Foundation to help pay for the land.

5. In 1988, BRJ located the land where the project is currently located, at a price of 420,000 baht (at that time $US = 25 baht), or $16,800. BRJ then went to the Foundation and requested the money they were 'holding' for BRJ (about 230,000 baht) in order to purchase the land (along with funds borrowed from BRJ Committee members). The representative refused to transfer the money, stating that the money should be kept at the Foundation o run the BRJ program instead of buying land. He said that the Foundation would be willing to buy the land and allow BRJ to use half of the area for the entire duration of the project.

In BRJ, 50 children are living in domitory for studying.

6. BRJ proceeded with the land purchase, using funds from the Foundation. However, when the BRJ Committee and the Foundation representative went to register the land at the land office in Chiangmai, the representative did not have the documentation required to register the land in the Foundation's name. Under Thai law, you need written permission from your organization before you can buy land and register it under that organization. To solve the problem, the representative temporarily registered the property under his name (al though the funds were provided by the Foundation) on the condition that it would be transferred to the Foundation fter all documents were submitted to the land department. However, the land title was never transferred; therefore, the representative still officially owns the land.

7. The representative issued an official letter authorizing BRJ the right to use the land on 11 July 1989. This letter was prepared under the Foundation's letterhead, with the Chairman signing as witness. In 1989, the Foundation informed BRJ to look for funds to develop, landscape, and construct buildings elsewhere, as the Foundation was not interested in helping financially with construction. Also, they told BRJ that they no longer wished to use their half of the land, and the BRJ could utilize the entire area. We then looked for funds to help build dormitories, and other buildings on the land, and received assistance from the Canada Fund in Thailand and the Australian Embassy.

Building supported by Australian Embassy.

8. In 1989, the Foundation sent their staff to inform the BRJ Project that the Foundation took an estimated 80,000 baht from the BRJ account to pay for their 'administrative costs'. Later, the representative came to BRJ and asked to use part of land that the BRJ had just constructed buildings on for Foundation office purposes. Since the landscaping and buildings were paid for by donors to the BRJ Project, the BRJ held a meeting with its Committee, the donors, and the Foundation to discuss the matter. A decision was made that the donations were made for the BRJ Project and not other projects and, thu, the land should be used only for the BRJ, and not for other purposes. Since that time, there has been constant difference of opinion between BRJ and the Foundation regarding the land.

9. On December 13 1990, the Foundation representative issued a letter revoking the official right of BRJ to use the land and ordered BRJ to cease the remaining construction. However, since BRJ had already invested the donation money in building the new facilities, BRJ hired a lawyer and refused to accept this revocation. 10. In 1993, the Foundation told BRJ that it should either purchase or rent the land from the Foundation. BRJ wished to purchase the land and began fundraising in this regard. Also, BRJ hired someone to officially survey the land and estimate its value - 2.4 million baht. Te BRJ then informed the Foundation of this estimate and received no response.

Boy's domitory supported by Canada Fund.

11. In August 1999, three men came to survey the land. We learned from them that since 1991 the representative had used the land (supposedly the property of the Foundation) and buildings (which belong solely to BRJ project) as collateral for a bank loan of 4 million baht (US $88,888.88). This worried BRJ, as the buildings did not belong to the representative and the land was purchased with funds donated by the Foundation.

12. The representative then hired a lawyer who informed BRJ that he would sell the land for 7.5 million baht. Inasmuch as the land had been recently valued at 2.4 million baht and was purchased for only 420,000 baht, this figure was clearly much too high. The representative hasincurred debts from his bank loans and realizes that the BRJ needs to buy the land. We have very few choices, because our buildings have already been built on the land. In other words, the representative is attempting to earn a huge profit on land that was purchased with donation money (and is only in his name by default) at the expense of a non-profit organization. BRJ sent a letter to the Foundation informing them that the original objective for purchasing the land was to help needy children, not to make a profit. Again, there was no response.

Girl's domitory supported by Canada Fund.

13. In September 1998, the diretor of BRJ was named as the defendent in a court case in Chiang Mai, with the representative of the Foundation named as the plaintiff, requiring the defendant:

" To remove all property from the plaintiff's land."
" To compensate the plaintiff in the amount of 1,000,000 baht (at this time $US = 45 baht) and pay him damages of 15,000 baht per month from the date of the suit (October 1998) until the defendant complies with item number one (removing all of the property from the land)."
" To pay the court costs and legal fees of the plaintiff."

14. The initial court date was set for September 27, 1999, wherein the plaintiff testified that he had borrowed money from the Foundation (of which he is a founding member) in order to buy this land. He claims that he repaid the Foundation after using the land and all buildings on that land to borrow money from the bank (although there is no record of this payment). The Chairman of the Foundation testified that the representative did indeed borrow money from the Foundation andre paid the Foundation. The representative and the Chairman of the Foundation accepted that these were not agreements made with or by the Foundation. The representative claims sole ownership of the land.

This is the history of the current land conflict. We have documents which clearly gives BRJ legal permission to use the land (as well as supporting documents) while we are providing housing and assistance for needy children. The land in question is approximately three acres and contains a girl's dormitory, boy's dormitory, recreation hall, cafeteria , staff quarters, and a new service building. Also we have two fishponds and an organic fruit and vegetable garden. BRJ is registered with the Thai government as an Association and has been given the right to use the land by the Foundation.

Water supply system supported by German Development Foundation

BRJ is fighting for justice for everyone, not only BRJ, as the funds used by the representative to purchase the land came from donations (as well as the funds used to develop the landscape and construct the buildings). The land and the buildings are public property, intended to benefit our society, not to profit a single individual. In late 2001, the court ruled against the director of Bahn Ruam Jai. This decision is presently under appeal.

Ponds supported by Canada Fand.

In the interest of justice

If we lose the appeal or cannot raise sufficient funds, we will lose this land and it will no longer serve as a residence for disadvantaged tribal children. We are fighting for justice to all because the original purpose to buy this land was always for the needy children.

Therefore, I would like to bress you and ask for your help, or whether you know of any charitable international organizations which can provide financial support. Please kindly let me know. Also if you have any friends who would like to make donation, please help us to inform them about our project.Bank account details are as follows;

Account No : 390-061368-2
Account Name : The Highland Quality of Life Development Association
Name of Bank : Bangkok Bank Limited
Changpuak Branch, Chiang Mai, Thailand

If any information is required please do not hesitate to contact us. Thank you very much for your kind attention and support. We are looking forward to hearing from you soon.