Divers Paths to Justice - English - Forest Peoples Programme

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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
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast AsiaThe RFD played the leading role in launching reforestation programs inhighland areas, often through the Watershed Area Management Units(WAMU). One such unit will be examined more closely in this study, whichinvestigates the situation in the Mae Lan Kham river basin, where this unithas been active.Key issues and challengesLand ownership and conflict over land issues between the State and thepeopleThe nation of Thailand covers a total area of around 320 million rai. 8Roughly 47 million rai consist of water or sea. 82 million rai are covered byforest, of which 39 million rai have been designated for use. 104 million raiof land belong to the State. Land designated as titled land consists of around130 million rai (if allocated equally, each person in Thailand would have 2rai).The richest 10% of the population (or 6.5 million people) own 90% of theland. Out of the other 90% of the population (the middle class and poor),58% own the remaining 10% of land, representing less than 1 rai perperson. Approximately 811,871 families have no land of their own forfarming. At the same time, around 30 million rai of land lie neglected bytheir owners. 9Problems of legality and land ownership have affected 2,700 communities(1,200,000 people) who settled and began farming in areas of land whichwere only later designated by the State as protected areas. These peoplehave effectively become trespassers on their own land and their settlementsand farming are considered illegal by the State. They have been forced toresettle away from their customary lands, face limits and restrictions ontheir development projects, are arrested, sent to court and put into jail, and8 The rai is a unit of area, equivalent to 1600 square metres, used for measuring landarea in Thailand.9 Based on research by Pricha Vathanyu, expert on land economics at the LandDevelopment Department. “Pracha Thai Newspaper”, Jan 1 2009.136
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Divers Paths to Justice - English - Forest Peoples Programme

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