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 Asiafinally have had their lands invaded by commercial plantations orreforestation schemes, both carried out under the directive of the State.Moreover, many villagers in this situation face serious economicdifficulties. Although rotational farming as traditionally practised by localpeople can be a sustainable form of agriculture, its sustainability isthreatened when it is not recognised as a legitimate practice by the State.This leads some villagers to migrate to the city to find work as labourers,whilst other villagers find themselves having to shift into unsustainable cashcrop cultivation. Even when villagers are able to pursue more sustainableagricultural practices such as planting fruit trees, they may find it difficultor impossible to sell the products, or may be forced to sell them at lowprices. Ultimately, if farmers find themselves unable to survive in theseconditions, they may be forced to cut their fruit trees and resort to plantingcorn and other cash crops.The cabinet resolution passed on June 30th 1998 stipulated that for villagersto continue using land, they must farm the same area of land on a permanentbasis, with the additional stipulations that a) farming of the area in questionmust not be deemed harmful to the ecosystem and b) the land must have aslope of less than 35 degrees. The implementation of the resolution relies oncomplicated procedures and a scientific model of land use which does notsupport the rights of farmers to land as owners. As a result of theseinadequacies, from 1998 to 1999, only 9,687 cases or 16% of the 61,249submitted cases were approved and 51,567 cases or 84% were rejected.The following details show the breakdown of court cases related totrespassing in forest areas:Table 1. Cases of accusation of trespassing in forest areasYear Number of cases Area trespassed(rai)2007 6,711 35,9882008 2,265 19,039Source: Ministry of Resources and Environment 2009137
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast AsiaTable 2. Cases of accusation of trespassing in areas of reserve forest andnational parks in Northern ThailandYearNumber of cases inreserve forests138Number of cases innational parks2005 981 912007 1144 103Total cases 2125 194Source: information from Appeal Court with regards to Chiang Mai,Chiangrai, Lampun, Maehongson, Phayao, Nan and Phrae 2008Rights to land, forests and resourcesThe right of communities over their lands, forests and resources is clearlystipulated in the 2007 Constitution of Thailand in Chapter 3, Section 66.However, the various forestry laws and Cabinet Resolutions of Thailand aremajor obstacles to the realisation of these rights. The majority of these lawshad come into force before the passing of the present Constitution. Theyclassified the areas inhabited by indigenous peoples as part of reservedforests, protected watersheds, national parks or wildlife sanctuaries, thusdisenfranchising indigenous and other communities who have been living inthese areas for many decades but have no official title deeds to prove theirownership over their land and forests. These laws have been used as toolsby the State to establish control over forests and the country’s naturalresources. This is evident in the Land Law according to which all land thatdoes not have a title is owned by the State. Consequently, the State claimsownership of all forest land, and therewith the territories of indigenouscommunities, for which no titles exist.With these laws and resolutions, indigenous peoples’ access to land andresources have become severely restricted. Those who have lived andfarmed on these lands for generations find themselves treated andconsidered as encroachers and violators of the law. Many communities,especially in the mountainous, upper Northern provinces are thus living inconstant fear of being arrested or relocated. Moreover, since farming hasbeen severely restricted, yields are insufficient, resulting in food insecurityand increased poverty.
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Divers Paths to Justice - English - Forest Peoples Programme

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