Divers Paths to Justice - English - Forest Peoples Programme

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiathe country. The Karen represent the biggest group among the indigenouspeoples of Thailand with a population of around 411,670, most of whoselivelihood is still strongly based on agriculture and rotational farming(henceforth RF).Throughout the last five decades, but also historically, the indigenouspeoples of Thailand have faced pervasive negative stereotyping anddiscriminatory government policies, as is the case in many parts of theworld. Underlying numerous Thai laws, policies and programmes targetingindigenous peoples, one finds the same prejudices and widespreadmisconceptions of indigenous peoples as drug producers who pose a threatto national security and to the environment.The indigenous peoples of Thailand, however, do not have the right to theirtraditional occupation or livelihood practices. Rather, seizure or exploitationof resources by private companies on the one hand, and the imposition offines or arrests for practising their traditional occupation and livelihoodsystems on the other hand, have been of frequent occurrence. Furthermore,the problems associated with RF agriculture, which the indigenouscommunities in the uplands have been practicing for their livelihood forcenturies, remain a significant problem. Officials of the State have beenarresting indigenous peoples for engaging in such activities without respite.In addition, villagers are now being penalised for “causing deforestation andrises in temperature”. Thus, making specific reference to climate change hasadded a new dimension to the nature of their so-called “crime”.Stereotyping and DiscriminationIn 1959, the term chao khao was coined by the Thai State to refer to “hilltribe” peoples living in the forest. This Thai term can also mean “otherpeople”. This new term emerged as part of and in support of a hegemonicdiscourse during the nation-building process aimed at building nationalunity. In particular, during the American war in Vietnam and during theCold War era, the so-called “hill tribes” came to be regarded astroublemakers with respect to national security, drug production and abuse,134