Report on Land Ownership Issues Involving Foreign Nationals and Sustainable Development Goals

Introduction

A joint initiative has been launched to resolve issues related to foreign nationals using nominees to hold land and real estate in Thailand within 30 days. The Ministry of Commerce is responsible for compiling a summary of findings, actions taken, and recommendations to be submitted to the Cabinet Secretariat for further review.

Background and Context

The Ombudsman’s Office has raised concerns in a letter to the Prime Minister regarding the practice of foreign nationals employing nominees to possess land and real estate across various provinces, including Bangkok, Phuket, Chonburi, and Chiang Mai.

Implications for Economic and Social Security

• The Ombudsman emphasized that this practice “has broad implications for economic and social security.”
• It warned of “severe damage to the country” if the issue is not addressed promptly.

Legal Review and Recommendations

The Ombudsman’s Office has been tasked with:

1. Studying relevant legal issues and specific cases involving land and property holdings by foreign nationals.
2. Proposing improvements to existing laws, regulations, and operational procedures.
3. Addressing practices that cause “hardship or injustice to the public, or impose unnecessary or excessive burdens.”

Definition and Methods of Nominee Arrangements

Initial investigations have defined a nominee as a Thai individual or legal entity who acts on behalf of a foreign principal to conceal ownership or possession that the foreign principal cannot legally hold.

Common methods to mask ownership include:

• Thai nationals holding land through family ties, such as marriage to a Thai citizen or ownership by children.
• Leasing or purchasing land through Thai intermediaries.
• Establishing Thai legal entities and transferring shares subsequently.

Emphasis on Sustainable Development Goals (SDGs)

This issue directly relates to several Sustainable Development Goals (SDGs), including:

• SDG 16: Peace, Justice, and Strong Institutions – Ensuring transparent and accountable land ownership laws to prevent corruption and injustice.
• SDG 8: Decent Work and Economic Growth – Protecting economic security by preventing illicit land ownership practices that distort markets.
• SDG 11: Sustainable Cities and Communities – Promoting sustainable urban development by regulating land ownership and use.
• SDG 10: Reduced Inequalities – Addressing social inequalities arising from unfair land possession practices.

Conclusion

The ongoing investigation and subsequent legal reforms aim to uphold Thailand’s economic and social security while aligning with the Sustainable Development Goals. The Ministry of Commerce’s forthcoming report will be critical in guiding policy decisions to ensure justice, transparency, and sustainable development in land ownership.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses legal and regulatory issues concerning land ownership by foreign nationals using nominees, highlighting concerns about justice, legal transparency, and governance.
2. SDG 11: Sustainable Cities and Communities
   • The issue of land and real estate ownership in urban and popular provinces like Bangkok, Phuket, Chonburi, and Chiang Mai relates to sustainable urban development and social security.
3. SDG 8: Decent Work and Economic Growth
   • The article mentions economic security implications, indicating connections to economic growth and fair economic practices.

2. Specific Targets Under Those SDGs Identified

1. SDG 16 Targets
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels – The article’s focus on improving laws, regulations, and procedures aligns with this target.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all – Addressing the misuse of nominees to conceal illegal land ownership supports this target.
2. SDG 11 Targets
   • Target 11.3: Enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning and management – The article’s concern about social security and urban land ownership relates to this target.
3. SDG 8 Targets
   • Target 8.3: Promote development-oriented policies that support productive activities, decent job creation, entrepreneurship, creativity and innovation – The economic security implications in the article connect to this target.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators related to SDG 16
   • Indicator 16.6.2: Proportion of the population satisfied with their last experience of public services – Implied through the Ombudsman’s role in addressing public hardship and injustice.
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms – Implied through efforts to address unlawful land ownership practices.
2. Indicators related to SDG 11
   • Indicator 11.3.1: Ratio of land consumption rate to population growth rate – Implied by concerns over land ownership and urban development in key provinces.
3. Indicators related to SDG 8
   • Indicator 8.3.1: Proportion of informal employment in non-agriculture employment, by sex – Implied through economic security concerns and the need for formal regulation of property ownership.

4. Table of SDGs, Targets and Indicators

Source: nationthailand.com