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 AsiaHowever, a controversial cabinet resolution on forest recovery was passedby the Ministry of Resources and Environment and the Royal ForestDepartment on April 29 th 2008. This resolution was in support of a proposalby the Ministry of Resources and Environment for the recovery of 22.7million rai of forest. 1,010 million Thai Baht were invested in 2008 alonefor the planting and rehabilitation of forest areas, with one million rai offorest to be recovered by 2009. The plans, to be implemented between2008-2011, called for planting in conservation areas and mangrove forestsin three stages as follows:Target areaRai1. Conservation area (national parks, wildlifesanctuaries and botanic department) 7,400,0002. Area of Reserve Forest area to promote treeplantation (Royal Forest Department) 15,050,5003. Mangrove forest (sea resources and coastalareas) 329,500Total 22,780,000Source: Ministry of Resources and Environment, April 2008RecommendationsIn the light of the situation faced by the Karen people of Thailand, a set ofrecommendations and strategies can be offered in order to solve theproblem of land rights and enable local communities to participate in comanagingforest land in a just and rights-based manner. These include thefollowing:• Increasing the protection of forests from trespass by clearly mappingand delineating zoning lines• Solving the problem of farmers losing their land by supporting theadoption of communal land titles and funding community landcooperation projects151
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asia• Securing land rights and use by regulations determined and controlledby local communities and supporting the legal code from localmunicipal organisations• Preventing people from being forced to prove their rights to land basedon the unfair cabinet resolution of June 30 th 1998• Proving and demonstrating with documented evidence thatcommunities are fully capable of managing their own land bythemselves in an environmentally sustainable wayFurthermore, cases of conflict, injustice and poverty resulting fromdiverging legal frameworks and implementation can be prevented by:• Forbidding trespass on forest land• Engaging in a multi-stakeholder dialogue between villagers, the Stateand relevant companies or businesses• Ensuring that land and land ownership are not taken from farmers whoare the original owners and users of that land• Avoiding changing uses of land from subsistence to commercial orindustrial plantations without the free, prior and informed consent oflocal inhabitants• Creating and assuring security for local communities in terms ofrights, food, income and poverty alleviation such that poorer peoplecan live happy, healthy and fulfilling lives152
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Divers Paths to Justice - English - Forest Peoples Programme

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