The labor assistance law has been revised into the "Law on the burial of farmland". The regiment severely criticizes the destruction of agriculture and the destruction of the country, and a protest will be launched if it is not amended.
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After being examined by the Economic Commission yesterday (6), the draft amendment to the Labor Assistance Law, which originally intended to rectify the disorder of agricultural land and factories, not only failed to solve the problem, but also became the "overlord clause of destroying agriculture" over other laws. in addition to the provision of no sunset in the illegal factory of agricultural land, legislator Lin Daihua even proposed a number of "water release" provisions in an incidental resolution, and a number of ring groups today (7) named Lin Daihua to "destroy agriculture and destroy the country" and ignored the value of farmland. And put forward a number of reform demands, if the ruling party adheres to the existing version, it does not rule out launching a large-scale struggle. (please see the attachment at the end of the article)
Including the Earth Citizen Foundation, the Taiwan Rural Front, the Housewives Union Environmental Protection Foundation, the Environmental Rights Protection Foundation and the Environmental Law Association, the parties and groups are called upon to deal with the four major contents positively in the following party consultation: the Labor Assistance Law clearly stipulates the sunset time limit for "specific factory registration" and the time limit for factory relocation and closure of medium-and high-pollution factories. The provisions of "citizen litigation" should be included to allow the public to have channels for self-help; local legality should be clearly limited to sporadic and compatible industries in agricultural areas, and the pollution industry should be returned to the Environmental Protection Agency and the Council of Agriculture.
(from left to right) Taiwan Rural Front Wang Zhangyi, Environmental lawyers Association Lin Zilin, Environmental Rights Protection Foundation Tu Youwen (Photography / Duan Yaxin)
The report alone is invalid, the ring regiment: it should be explicitly incorporated into the compulsory enforcement of "citizen litigation"
Yesterday, the draft review committee did not directly pass the proposal to incorporate "citizen litigation" into the Labor Assistance Law, but reserved it for consultation between the government and the opposition, causing strong dissatisfaction among the ring delegation.
Wu Qirong, commissioner of the Earth Citizen Foundation, explained that on average, the association will receive complaint letters from local residents in three to five days, complaining about illegal new factories and factories around their residences, and the situation on behalf of illegal factories on agricultural land is very serious. and after the association received the report letter, the official documents forwarded to the local government were also "Shi Shenhai". Wu Qirong criticized that if the existing reporting mechanism is effective. How can there be 130,000 illegal factories on agricultural land?
Lin Zilin explained that the "citizen lawsuit" put forward by the ring regiment is a combination of "reporting" and "litigation." If a citizen discovers that there is an illegal factory, through the procedure informed by the citizen, ask the competent authority of the local government to deal with it (this is the "citizen notification" in the citizen litigation, and the mechanism is the same as the report). If the competent authority of the local government does not act actively, the citizen can bring a lawsuit in the administrative court, and the court decides that the competent authority does not act or break the law. The competent authority may be required to perform acts and deal with illegal factories (this is the "litigation" stage of citizen litigation).
The film produced by the Earth Citizen Foundation shows that the prosecution alone is invalid, and local illegal construction is springing up like bamboo shoots after a spring rain:
Tu Youwen, CEO of the Environmental Protection Foundation, added that citizen notification and litigation provisions are very common in environmental pollution laws and regulations. The reporting mechanism is handled through the administrative organs. in the past, because laws and regulations could not be actually implemented in Taiwan, and various administrative organs had human pressure, the so-called reporting mechanism was ineffective in China, and it was necessary to more actively formulate civil litigation bills. It is not that with the whistleblowing system, there is no need for civil litigation. "this is the reverse of the consequences," she said. "
Wu Qirong said that even if the bill moves in the direction of "leaning towards the interests of the factory," the right to maintain "citizen litigation" should not be ignored and should be actively protected in the bill, and it is also the bottom line for the protection of agricultural land.
Ring regiment: the draft Law on Labor Assistance is similar to the Law on the burial of farmland.
Wang Chang-Yi, commissioner of Taiwan's Rural Front, also said that the "Labor Assistance Law" should take agriculture as the premise, so as to create a win-win situation of agricultural land and industrial development. It seems that no matter what the people demand, the factory will be able to live on the farmland without sunset. He criticized, "it's not too much to call it the burial of agricultural land."
Wang Zhangyi said that during the review process, not only did it become legal on the spot, but several incidental resolutions proposed by legislator Lin Daihua have greatly relaxed the restrictions on agricultural land factories. For example, the limit of 1.5 meters of isolated green belt between factories and farmland has been relaxed, the factory screening rate has increased from 60% to 70%, and the factory volume ratio has increased from 240% to 300%. This means that factories can be built bigger and closer to farmland, and the risk of factories polluting farmland will increase.
Wei Yang, commissioner for the Housewives' Union Environmental Protection Foundation initiative, said that the "Labor Assistance Law" requires the government to establish an effective and meticulous system to guide the transformation and relocation of factories. He lambasted the incidental resolution put forward by Lin Daihua to give priority to the economy. Can we ignore the sustainability of farmland and food security?
The "dangerous safety risk" of the ironclad house of the illegal factory should be listed and regulated.
Apart from the issue of agricultural land, Zhu Zhiyu, secretary general of the Association for the Promotion of firemen's Rights and interests, pointed out that in past experience, illegal factories on agricultural land were often tin houses. In the event of a fire, at a high temperature of more than 600 degrees Celsius, the iron sheet not only carries the risk of collapse, but also because of its proximity to agricultural land, the waste water after fighting the fire is also discharged directly into irrigation ditches. He said that illegal factories should take inventory clearly, establish a database and manage them well, which is not only the protection of agricultural land, but also the protection of factories and firefighters.
Cai Peihui: the Labor Assistance Law should adhere to three major premises such as sunset clauses.
Tsai Pei-hui, a legislator from the Democratic Progressive Party, said that factories are ready to be demolished, farmland is strictly guarded, and sunset time is required for registration certificates as three major prerequisites for amending the Labor Assistance Law, while at the enforcement level, more detailed regulations are needed to enable local governments to implement them.
With regard to the results of yesterday's meeting, she said that with regard to the outrageous incidental resolutions of certain committee members, she asked the Council of Agriculture and the Ministry of Economic Affairs to strictly check and not pass them. She added that in Article 8 of the accompanying resolution, she proposed that "the competent authorities should regulate the sunset norms for the registration of specific factories, regularly review the management of unregistered factories and the acquisition of specific factory registration certificates." it is also agreed that the bill should be included in "civil litigation."
The ring regiment asked the ruling and opposition party groups to face it, and did not rule out the possibility of protesting.
At the end of the press conference, the ring delegation said that in addition to jointly reviewing the incidental resolution proposed by legislator Lin Daihua, it is also certain that Lai Ruilong, chairman of the committee, who tried to stop the doubting proposal during the review process, and legislators who actively raised objections, Tsai Peihui, Hong Ciyong, Xu Yongming, Chen Manli, Qiu Yiying, and Chen Tingfei.
However, the Huan Tuan stressed that Lin Daihua's "landslide" proposal could not become a smoke bomb and excuse for the rationalization of the "Labor Assistance Law" in the political Yuan version, and that if the government and the opposition did not have a dialogue with the ring regiment and the people, it would not rule out launching a larger-scale protest.
Annex I. amendment to the Factory Management guidance Law
Annex II. Resolution attached to the guidance Law on Factory Management
The darkest day on farmland! The amendment to the Labor Assistance Law stipulates that factories in violation of regulations will forever occupy agricultural land and set up all laws.
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