Governance and Micropolitics of Traditional ... - IPRsonline.org

are of national significance as protected forest for conservation, they contain endangered
species, or they are watershed areas. Dr Santita Ganjanapan (1996) notes also that in Thailand
bureaucrats are still sceptical about local people being stewards of nature as well as about the
value of indigenous knowledge itself. The knowledge is often regarded as inefficient, inferior
to scientific knowledge and an obstacle to development.
Opposing them are pro-community individuals and organisations, who argue that there is a
long history of local practice within certain community forest areas, and that such broader
concerns in recent years have had the effect of excluding communities and limiting
community rights. They argue that in fact their long history of conservation and sustainable
use through decentralised and people-centred development is more appropriate.
The Bill has changed significantly since it was first drafted in close consultation with local
communities, but it still retains some of the most important principles of the first draft. The
Bill essentially attempts to provide for a system of co-management of forest resources. The
Appendix contains a chronology of events during the negotiation of the Community Forests
Bill.
The remainder of this section discusses the content of the CFB from a tentative translation of
the document since it has entered the joint parliamentary committee (version 12).
Chapter 1 of the CFB provides a series of definitions. Many of these definitions are still
undergoing consideration and could change considerably.
Chapter 2 of the CFB establishes committees for the administration of the Act and community
forest areas. A primary Policy Committee on Community Forests is established to develop
policies of community forests establishment, to enact ministerial regulations and other organic
laws, to assign experts in the field to province governors where they are appointed to
Provincial Community Forests Committees, to prepare annual reports on the conditions of
community forests, to consider appeals of community forests prohibition and other
responsibilities.
Chapter 3 of the CBD establishes Provincial Community Forest Committees. These
committees are to be administered by the provincial governor and are made up of a balance of
government officials and ‘qualified people’ being community members, academics or experts
to act on the board. Apart from general administrative duties, the committee administers
community forest management plans and considers community expressions and opinions of
such plans.
Chapter 4 provides for community forest establishment. A group of at least 15 adults (over 18
years) dwelling in a locality containing forest areas may make a petition for community forest
establishment. The petition must include identification of the individuals that make up the
community, a brief history of their occupation of this area including a map showing its
territories and neighbouring areas, and a plan for preservation or restoration of the natural
resources and ecosystem diversity. This petition is decided by the Provincial Community
Forest Committee.
Chapter 5 describes community forest management. Once a community forest is approved by
the Provincial Committee, the community must abide by the Community Forest Management
Plan, and work with the relevant government officials to look after the forests and natural
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