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 AsiaThe 10 step ladder for certifying/proving community land rights1. Create understanding and consensus in the communityregarding land-related laws, policies and rights2. Map the land at a ratio of 1:40003. Develop regulations on land management4. Conduct a civil society forum to investigate and analyseinformation on the land and its management5. Produce documents concerning communal land titling6. Establish a land cooperation fund7. Issuing of municipal laws for protecting land rights byadministration organisations or municipal administrationorganisations8. Develop and encourage forms of land use which areenvironmentally sustainable9. Establish a land management learning center10. Push to have certification rights recognised in Stategovernment policySource: Prayong 2009 23Using policy and law to support the issuance of communal land titlesThai policy and law can indeed act as mechanisms by which the problemsof land management can be resolved and the rights of indigenouscommunities to their land recognised and supported. Article 85 of theConstitution of the Kingdom of Thailand 2007 stipulates that the State mustcarry out and follow its policy on land resources and the environment asfollows:“To disseminate justice on land ownership and carry this outby giving ownership, or land ownership to farmers whopractise agricultural cultivation by land reforming or others23 Prayong 2009153
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiamethods/processes. This includes providing water resourcesfor farmers so they have enough for the purposes ofcultivation appropriate to their chosen form of agriculture.”Article 66 states that:“Persons who gather together to become a community,whether that be understood as a local community or traditionalcommunity, have rights to preserve or recover their customaryrights, local knowledge, local arts/culture and to participate inthe management of the natural environment and resourcespromoting biological diversity in a balanced and sustainableway.”Article 67 states that:“Persons/individuals have the right to participate together withthe State and community to conserve/preserve, nurture, takecare of and receive the benefits from natural resources andbiological diversity, and to protect, support and nurture theenvironment in order to have normal livelihoods and survivewithout danger from issues of health, security or poor qualityof life. In this, they should receive the appropriate protection.”In addition to the above mentioned clauses in the Thai Constitution that areof direct relevance to the situation of the Karen in terms of land and modesof livelihood is the Prime Minister’s Office’s Communal Land TitleRegulation, which has already passed in Parliament and awaits signing fromthe royal decree. This regulation will establish communal land titles inforest lands and recognise the collective right of communities to landownership. However, one limitation of this regulation is that the communityland title is only valid for thirty years, although it is renewable. At the sametime, the Royal Forest Department, is contesting this regulation. At the timeof writing, the communal land title committee was in the process ofcarrying out a survey throughout a pilot area.Whilst the overall findings were deemed suitable to the passing of thisregulation, there remains some confusion over rotational farming in termsof the necessary number of cycles of RF and the size of RF land needed foreach period of the year. Further research will be essential in order to raise154
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Divers Paths to Justice - English - Forest Peoples Programme

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