Divers Paths to Justice - English - Forest Peoples Programme

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiaand deforestation. 3 One result of this is the persistent negative connotationof the term “hill tribes”. These highland peoples effectively became“others” or “aliens” from the perspective of the Thai people and the Thaination-State. 4 The “hill tribes” continue to be seen as a national problem bythe State due to their practice of “shifting cultivation” which the Stateclaims causes deforestation and environmental degradation despite agrowing body of scientific evidence proving the contrary.The forest management policy of the Forestry Department adopted in 1960aimed at preserving 50% of the total national landmass as forested areas.However, this policy was decidedly unsuccessful and paradoxical as thegovernment simultaneously promoted the clearance of forests in relativelyflat areas in order to grow cash crops for the export market. In 1992, thegovernment lowered its target and subsequent forest zoning was directed atachieving a total forest cover of 40%, with at least 25% comprisingconservation forests. The figure of 40% derives from a water yield studythat indicated a need for at least 38% forest cover, especially in headwatershed areas. 5The goal of the Royal Forestry Department (RFD) was to develop forestareas, but the resulting reality was that it opened up channels to createcommercial tree plantations rather than areas of forest. 6 This policyconfusion created opportunities for logging companies to replant trees inplantations after having cut down the existing and far more ecologicallyvaluable forest trees (Art. 8). Private companies and government treeplantations as well as paper industries used the economic plantations forfast-growing tree varieties, such as eucalyptus and pine (Art. 11 & 12).Soon after, the government declared the Forest Orchard Act in support ofthese efforts, which formed the genesis of the tree-planting projectimplemented through the RFD. 73 Highland Communities First Master Plan 1992-19974 Thongchai 2002:56; Renard 2002:79-805 Thailand Forestry Sector Master Plan (TFSMP) 1989 vol.5 p.306 National Forest Policy, Articles 4 and 57 Anan et al 2004: 33-34135