Divers Paths to Justice - English - Forest Peoples Programme

More documents

Recommendations

Info

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiathe awareness and increase the knowledge of the communal land titlecommittee and public or civil society regarding the RF process. At the sametime, local communities practicing RF will need to prove themselvescapable of managing their own RF processes.Finally, communal land title regulations will have to be linked to anothernew cabinet resolution on “Recovering Karen Livelihood in Thailand”which was approved on August 3rd 2010. This Act is considerably clearerregarding support for the rotational farming process which may in turn helpthe communal land title implementation process related to RF to beapproved by the committee and the government.The Cabinet Resolution Act on “Recovering Karen Livelihood in Thailand”(August 3 2010) stipulates as follows:In the short term (six months to one year):1. Cease the arrest and detention of the Karen people who are localtraditional communities settled on disputed land which is traditional land onwhich they depend for their livelihoods and subsistence.2. Set up a forum, a demarcation committee or another suchmechanism to specify land use zoning for local settlements in order toeliminate conflict concerning land use or land ownership by Karen peopleand government agencies. This should be carried out by bodies includingthose other than the official agencies. To resolve the problem of trespassingin State forest area, the participatory nature and process of communitydialogue and negotiation must be emphasised, for it is indigenous peoplesand local communities who have most to lose from such decisions.Moreover, constructive negotiations should include the active participationof academics and persons who are involved with the people whose culturallivelihoods are at risk, including sociologists and anthropologists, as well ashuman rights agencies.3. Support the biodiversity of highland communities. This could beachieved by preserving the genetic and species diversity of seeds and plants,and the balance of the ecosystem and the environmental benefits brought155
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiaabout by the processes of the rotational farming system.In the long term (one to three years):1. Repeal the declarations concerning protected areas, reserve forestsand settlements of Karen people who have already demonstrated theirability to prove that their settlements, livelihoods and use of these lands hasexisted for a long time and/or since before the declaration of laws orpolicies that now overlap with these areas.2. Support and recognise the rotational farming systems which belong tothe Karen ways of life and livelihood, and which support the sustainable useof natural resources and self-sufficiency, including through the promotion ofthe Karen rotational farming system as a potential cultural world heritage.3. Support self-sufficiency or alternative agriculture instead of cash cropproduction or industrial agriculture.4. Support and recognise the ways of using the land and themanagement of local traditional communities, for example, through theissuing of communal land titles.The challenge remains as to how these recommendations will beimplemented on the ground. A committee for recovering the livelihoods ofKaren people will hold a meeting in the near future to design and implementa work plan, as well as request government funding to implement this workplan. The key to the success of this committee will be the inclusion andactive participation of different stakeholders including Karen leaders,activists, academics and government representatives with interests in thisissue.156
Page 2 and 3:
Divers Paths to Justice: Legal plur
Page 4 and 5:
Page 6 and 7:
Page 8 and 9:
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106: Divers Paths to Justice: Legal plur
Page 155: Divers Paths to Justice: Legal plur
show all

Divers Paths to Justice - English - Forest Peoples Programme

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?