Divers Paths to Justice - English - Forest Peoples Programme

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.