Divers Paths to Justice - English - Forest Peoples Programme

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiaare the result of the autonomist struggle of the 1970s to the 1990s,culminating in the signing of the CHT accord of 1997 and the revival oflimited self-rule in the region through bureaucratic, elective and traditionalsystems of governance. 14CHT: an example of legal and juridical pluralismIt has been said that “[the] CHT is the example of a legally and juridicallypluralistic system. Legal pluralism exists on account of the concurrentapplication of customary, regional and national laws to the region. Juridicalpluralism is reflected through such matters as the co-existence of traditionaland State courts, based upon different traditions of justice, litigationprocedure, penal and reform systems, restitution and compensationprocesses, and so forth”. 15Conflict of systems and authorities in land allotmentFormal land grants through Deputy CommissionersThe CHT land administration system, especially with regard to the systemof land allotment, shows a conflict of traditions, particularly since the1970s. Prior to 1971, land grants to outsiders was not permissible by law.Except for the small extent of commercially valuable lands in marketcentres and the scarce valley-floor lands suitable for intensive irrigationorientedagriculture, CHT residents did not go for private titles.Amendments to the CHT Regulation of 1900 (to rule 34) in 1971 and 1979,led to the introduction of the practice of providing land grants to outsiderindividuals and companies. 16However, the practice of providing grants only after consulting the mauzaheadmen for specific cases, and the Circle Chiefs, in a general manner, was14 Roy 2000; Khan 2004; Martin 2004:21,74-7915 Roy 2004a:12716 Roy 2004b:30110