Chinese Farmers Revolt Against Government Land Grab As China Mulls New Laws

Chinese Farmers Revolt Against Government Land Grab
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In this photo taken on March 2, 2013 a village boy plays in a smashed up car damaged in civil unrest in the village of Shangpu in China's southern Guangdong province. Villagers in southern China were locked in a stand-off with authorities on March 3 and were demanding democratic polls after a violent clash with thugs linked to a local official over a land transfer. Just over a week ago, residents of Shangpu in Guangdong province fought with scores of attackers whom they claimed were sent by the village communist party chief and a business tycoon after they protested against a land deal. AFP PHOTO / Peter PARKS (Photo credit should read PETER PARKS/AFP/Getty Images)

By James Pomfret

SHANGPU, China, March 7 (Reuters) - Torched vehicles and violent clashes in the Chinese village of Shangpu as farmers protest the loss of land to developers is an uncomfortable reminder to Beijing's incoming leadership that, for many, pledges of reform to prevent land grabs ring hollow.

Seizures of land across China have been fuelled by soaring prices and Beijing's urban expansion drive. But outdated laws mean farmers have little legal recourse to oppose land grabs - commonly where village leaders sell off plots to a developer with little or no consultation - or to demand fairer compensation.

Following a spate of high-profile cases, including that of Wukan -- a southern village that openly revolted over murky land sales in 2011 -- outgoing Premier Wen Jiabao pledged last year to overhaul the regime for land expropriations to give farmers more power. But turning draft policies into law is taking time and in some cases laws are being watered down, leaving land grabs as a leading cause of social unrest.

The case in Shangpu is typical of thousands of others in China each year, according to the accounts of villagers. They say a 33 hectare plot of land now being used to grow rice on the outskirts of the village, also in southern China, was sold off without their consent to make way for the construction of an electric cable factory.

They want the land back and the contract scrapped. Tensions boiled over on February 22 when thousands of residents fought and chased off several hundred men wielding steel pipes and spades who were hired as thugs to try to intimidate the villagers into acquiescing on the deal, they say.

Residents then gutted and overturned more than 20 vehicles driven by the intruders. The smashed jeeps and cars still litter the roads.

"We had every right to fight back and protect ourselves," said a 16-year-old villager who declined to be identified for fear of reprisals. "The land is our livelihood. We can't survive without it."

RULE OF LAW

Residents have now barricaded the village. Groups of young men - rocks, sticks and walkie-talkies at the ready - watch and block roads from makeshift guardposts, while others have petitioned authorities and are waiting for them to come to their aid.

"Every day we wait but the officials here are ignoring us. The police sit around and won't help. We haven't heard anything. The pressure is building," said a middle aged village leader, who would only be quoted by his family name of Li.

About 90,000 "mass incidents" - a euphemism for social unrest -- occur each year in China, of which some two-thirds are triggered by land related disputes.

The Landesa Rural Development Institute - a body advocating land rights that made this estimate based on wide-ranging surveys in China - says land reform is crucial to safeguard the rights of the country's 700 million rural people and mitigate a growing source of social upheaval.

Bringing greater security to China's farmers is also seen as crucial to developing a consumer-led economy in China, a pillar of Beijing's vision for the future. Policymakers hope that more assured land rights would encourage farmers to save less and spend more and also feel more secure about seeking urban jobs.

While all farmland is state-owned, Chinese laws allow farmers long-term land lease rights under village collectives charged with oversight. Land certificates are imprecise at best and over half of rural households lack documentation -- leaving possession dependent upon villagers' knowledge and officialdoms' whims.

A revised land management law now being debated by China's parliament, stipulates farmers be paid a "fair" commercial or market value, rather than 30 times the land's annual agricultural output as before -- a small, but significant distinction often exploited by officials who buy cheap and sell the farmland for a massive markup to businesses.

NEW LAWS TAKE TIME

"The rural land system is central to maintaining rural stability and ensuring China's long-term development," Wen said at this week's parliamentary session that will formally confer China's new leader Xi Jinping with full power.

"We intensified protection of farmland and farmers' rights and interests, and made a lot of preparations to improve the system of compensating for expropriation of rural collective land," he said in a report on China's policy blueprint for 2013.

Wu Xiaohui, a Chinese land expert and Beijing-based lawyer with Landesa, said revisions to the land management laws would "introduce procedural safeguards" so the likes of Shangpu's farmers can be heard and local government power restricted during land expropriation.

"The revision will not fix all the problems but it will be a significant improvement over the current laws," said Wu.

But the wheels of Chinese lawmaking turn slowly, involving multiple parties and government agencies. Already the scope of proposed revisions to the laws have been substantially watered down since Wen's push last year.

The Legislative Affairs Office of China's cabinet, the State Council, has backed the push to change laws. But some government entities, including the Agriculture Ministry and State Forestry Administration, "oppose any substantive revision", China's state-run Legal Daily reported recently.

The Forestry Administration was quoted as saying more study and time should be taken on the issue.

The draft laws have already been submitted to the heads of the National People's Congress, China's parliament, but at least two more reviews are needed before they can be passed.

Even when new laws are in place, the challenge of ensuring adequate enforcement is unlikely to be resolved so long as oversight of local officials nationwide is patchy and lax.

For now, only places that go to extremes such as Wukan and Shangpu tend to get noticed.

"This is a movement for justice," said a Shangpu elder dressed in green army fatigues as he drank tea with others.

"Xi Jinping said the whole country must fight corruption. This is good for China and the policy is correct. Our village supports the Party and Xi. We are only asking the Party gives our village justice." (Additional reporting by Grace Li and Jason Subler; Editing by Neil Fullick)

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Before You Go

China's New Leaders
Xi Jinping(01 of07)
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The new party leader is seen as a pro-market reformer and a staunch believer in party power. The son of a veteran revolutionary, Xi spent much of his career in economically vibrant provinces. Little known abroad, Xi took a side trip during a key visit to the U.S. this year to meet privately with the Iowans who had hosted him on a 1985 study tour when he was a mid-level provincial official in charge of the pork industry.Caption: New Communist Party General Secretary Xi Jinping speaks during a press event to introduce the newly-elected members of the Politburo Standing Committee at Beijing's Great Hall of the People Thursday Nov. 15, 2012. (AP Photo/Vincent Yu) (credit:AP)
Li Keqiang(02 of07)
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Expected to be the next premier, Li, 57, is a protege of outgoing President Hu Jintao. The two worked together in the Communist Youth League in the 1980s. Hu initially wanted Li to succeed him as party chief before accepting Xi. Li ran two important industrial provinces, and as vice-premier his portfolio includes health reforms, energy and food safety. Still, questions of inexperience on economy have dogged him as he prepares to take the post of premier, the top economy job in the country.Caption: Li Keqiang, one of the seven newly elected member of the Politburo Standing Committee, waves during a press event at Beijing's Great Hall of the People, Thursday Nov. 15, 2012. (AP Photo/Vincent Yu) (credit:AP)
Zhang Dejiang(03 of07)
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A vice premier who was called on to run the mega-city of Chongqing after the ouster of the ambitious but tainted Bo Xilai, Zhang is seen as a capable, low-key administrator. The son of a former army general, Zhang, 66, ran two economic powerhouse provinces and oversaw safety issues in recent years as a vice-premier. A Korean speaker, Zhang studied economics at North Korea's Kim Il Sung University and is an ally of party elder Jiang Zemin.Caption: Zhang Dejiang, one of the seven newly elected members of the Politburo Standing Committee, attends a press event at Beijing's Great Hall of the People, Thursday Nov. 15, 2012. (AP Photo/Vincent Yu) (credit:AP)
Yu Zhengsheng(04 of07)
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Yu, 67, is a member of the red elite, but with a problematic family history. His brother, an official in the secret police, defected to the U.S. in the mid-1980s. Yu's pedigree helped salvage his career. His father was the ex-husband of a woman who later married Mao Zedong. A missile engineer by training, Yu has run the financial hub of Shanghai since 2007. His family connections to patriarch Deng Xiaoping kept his name in the running for promotion to the top leadership.Caption: Yu Zhengsheng, one of the seven newly elected members of the Politburo Standing Committee, attends a press event at Beijing's Great Hall of the People, Thursday Nov. 15, 2012. (AP Photo/Vincent Yu) (credit:AP)
Liu Yunshan(05 of07)
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As head of the party's Propaganda Department for the past 10 years, Liu has tightened controls over domestic media even as he encouraged big state media to expand overseas to purvey the government's line. Liu, 65, rose through the ranks in Inner Mongolia. He has a foot in each of two political camps. He started his career in the Youth League, outgoing President Hu Jintao's power base, but in the past decade also served a conservative ideology czar who was a staunch supporter of party elder Jiang.Caption: Liu Yunshan, one of the seven newly elected members of the Politburo Standing Committee, attends a press event at Beijing's Great Hall of the People, Thursday Nov. 15, 2012. (AP Photo/Vincent Yu) (credit:AP)
Wang Qishan(06 of07)
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A technocrat with deep experience in finance and trade issues, Wang, 64, is a vice premier and a top troubleshooter. Over his career, Wang cleaned up collapsed investment firms in southern China, calmed Beijing amid the SARS pneumonia scare and, more recently, fended off U.S. pressure over China's currency policies. Son-in-law of a now-deceased conservative state planner, Wang would bring added experience on economic policy.Caption: Wang Qishan, one of the seven newly elected members of the Politburo Standing Committee, attends a press event at Beijing's Great Hall of the People, Thursday Nov. 15, 2012. (AP Photo/Vincent Yu) (credit:AP)
Zhang Gaoli(07 of07)
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A low-key technocrat who is said to adhere to the motto "Do more, speak less," Zhang, 66, has presided over the development boom in Tianjin and less successful efforts to turn the northern port city into a financial hub. Trained as an economist, Zhang rose through state oil-and-gas companies in the south before entering government service. He has served in a string of prosperous cities and provinces and is a protege of party elder Jiang.Caption: Zhang Gaoli, one of the seven newly elected members of the Politburo Standing Committee, attends a press event at Beijing's Great Hall of the People, Thursday Nov. 15, 2012. (AP Photo/Vincent Yu) (credit:AP)