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Published on January 20, 2008

The office of the spiritual head of Muslims in Thailand, Chularajmontri, last week admitted its ruling in favour of the project several years ago had been based on incomplete information.

Back in 2003, it ruled that there was no proof the project was being built on land subject to waguf, as claimed by opponents.

Waguf is a religious code that defines land that is supposed to be solely used by community members.

Most importantly, land subject to the code cannot be sold, transferred or given to others.

Many Muslim residents

of the southern province of Songkhla oppose the project because 7 rai of the sprawl-

ing 400-rai consumed by

the pipeline is subject to the code.

According to Islamic law, it cannot be used by the massive infrastructure project.

Project owner Trans Thai-Malaysia, or TTM, won approval from the office of the Chularajmontri to use the 7 rai. The land was swapped for a similar plot elsewhere.

A representative of the office said an expert committee had approved the deal, following a site visit.

"We found nobody at the site, so we visited the police and then returned," Imam Karim Abdulloh, an assistant of Chularajmontri, told hundreds of Muslims at Bangkok's Kamalul Mosque on Thursday.

The meeting was organised by Songkhla and Khlong Samwa Muslim communities, and the National Human Rights Commission.

Songkhla's Chana district residents wanted to know the details of the site visit. Karim admitted he and team members had gone to the wrong site in 2003.

At the time, the site was called Larn Hoi Siab, and local residents insisted it was not the land in question.

"If this new information is valid, our ruling could be amended. We should conduct a review. Can the Songkhla Muslims file a complaint through the local Muslim office?" Karim said.

Hundreds of Songkhla Muslims agreed to a review, but not in the way suggested.

"We will not repeat our mistake. We have been complaining to the local Muslim office for years, and nothing's happened. Right now, we can talk with Chularajmontri's office. Why go backwards?" Chem Sa-u, the leader of the local group calling for the return of the site, said.

"We want Chularajmontri to answer us now about how his office will handle this mistake, and when," another villager said.

The meeting ended with the promise of more talks the next day, and a concrete commitment.

On Friday, Chularajmontri delegated Hakim Abdulkasim to meet the Songkhla Muslims and agree to a review of the ruling within a week.

However, Hakim excused himself before the end of the meeting, saying he must attend afternoon prayers.

"I have been instructed by Chularajmontri's senior officials to end further negotiations," he told the Songkhla people later.

"We never thought we would be treated like this by our top religious organisation," one villager said.

Muslim expert Babonu Yeekabgee said the disputed pipeline land was "a sensitive issue" and would be a major test of Chularajmontri's integrity.

"According to village evidence, the land is subject to the waguf code. It is the duty of Chularajmontri to investigate and reverse the previous ruling," Babonu said.

Lawyer Yaowalak Anuphan, a member of the rights commission's subcommittee handling the dispute, said: "Several family members and witnesses insist the 7-rai site was donated decades ago."

Yaowalak suggested it be returned to the community. "Religious land is one of the most sensitive issues for a Muslim community.

"To ignore it could lead to conflict in the area, which we certainly do not want to see," she said.

"The admission of Chularajmontri's representative of a past mistake is a good sign the matter can be resolved," she added.

However, the pipeline project will be affected if the plot is returned, because it is part of a larger plot that will be used to build a gas-separation plant.

TTM officials were unavailable for comment.

The pipeline project will be 255-kilometres long when completed, and will bring offshore gas to a joint-development area and the separation plant in Chana district. It will then be distributed in Thailand and Malaysia via pipe.

The project has faced serious opposition from local residences for decades.

The Thaksin Shinawatra government approved it in 2002, when construction began. It is 80 per cent complete.

"It's good, at least, that we know which side Chularajmontri takes. We will not stop our movement, and will do everything to get our land back," Chem said.

Kamol Sukin

The Nation