Divers Paths to Justice - English - Forest Peoples Programme

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast AsiaLikely trends: challenges and opportunitiesReforms to the Land Commission LawRecent trends show a mixed bag of events. No doubt the challengesconfronting the indigenous peoples are difficult, but they are perhaps notinsurmountable. As regards the Land Commission, a likely positivedevelopment is a forthcoming meeting to be hosted by the Minister forLand, to which indigenous leaders from the CHT have been invited, todiscuss possible reforms to the Land Commission Law. 39 This is the fruit ofrelentless lobbying by indigenous activists and by progressive civil societyactors.Conduct of a land surveyThe aforementioned proposed land survey is a disturbing development, butit can perhaps be resisted if the indigenous leadership is united. So far theyseem to be, at least on this issue. In this regard, the Hill District Councilscould perhaps play the most assertive role, since they are mandated by lawto have the last say on land allotment and transfer matters. Whether a landsurvey should be carried out is entirely a matter for them to decide, wherethey deem it appropriate, after all the refugees and displaced people arerehabilitated, as stipulated in the CHT Accord, and when so proposed by theCHT Regional Council.The Hill District Councils have not framed any regulations to help themguide them in their land administration and land management role. TheGovernment has not framed any rules either (which it is obliged to frame inconsultation with the councils). However, the District Councils are nowconstituted with government appointees – pending elections – and it isuncertain to what extent they will act in an independent manner. None of the39 The meeting is scheduled to be held on 22 September 2010 in the Ministry ofLand, which is expected to be attended by the author in his capacity as a member ofthe commission, along with the chairpersons of the CHT Regional Council and thehill district councils.119