Reflections on the Human Condition - Api-fellowships.org
Reflections on the Human Condition - Api-fellowships.org
Reflections on the Human Condition - Api-fellowships.org
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<strong>the</strong> drought.<br />
Since <strong>the</strong> early 1990s, <strong>the</strong> RFD in collaborati<strong>on</strong> with<br />
university researchers, and NGOs began to formulate<br />
draft of Community Forest Act in order to solve<br />
<strong>the</strong> problems of forest resource management in <strong>the</strong><br />
country. After nearly a decade debate, <strong>the</strong> law is now<br />
waiting ratificati<strong>on</strong> by <strong>the</strong> current Chaun II Cabinet.<br />
While <strong>the</strong> proposed act has not yet been approved,<br />
<strong>the</strong> c<strong>on</strong>cept has gained legal support under <strong>the</strong> new<br />
c<strong>on</strong>stituti<strong>on</strong> and decentralizati<strong>on</strong> laws. The 1992<br />
Tamb<strong>on</strong> Administrati<strong>on</strong> Organizati<strong>on</strong> (TAO) Act<br />
streng<strong>the</strong>ns <strong>the</strong> role of village (tamb<strong>on</strong>) government in<br />
forest use and planning decisi<strong>on</strong> making. (Puntasen,<br />
1996)<br />
At present, <strong>the</strong> Royal Forestry Department (RFD)<br />
has been promoting a new forest law namely <strong>the</strong><br />
Community Forest Act that provides community rights<br />
for <strong>the</strong> large number of communities living <strong>on</strong> forest<br />
land that depend <strong>on</strong> forest products, as well as authorize<br />
some forest communities independently to protect,<br />
manage, and use forest resources in designated areas. It<br />
will give people in <strong>the</strong> community a “sense of bel<strong>on</strong>ging”<br />
to community forest and a sense of resp<strong>on</strong>sibility for<br />
protecting and improving forest resources.<br />
The definiti<strong>on</strong>s used in <strong>the</strong> proposed act: Community<br />
Forestry means forest land or nati<strong>on</strong>al reserved forest<br />
land that has been previously designated under <strong>the</strong><br />
Forest Act and Nati<strong>on</strong>al Reserved Act, and which<br />
is designated as community forestry under this act;<br />
Village Committee means a village committee that<br />
has been appointed under <strong>the</strong> Local Administrati<strong>on</strong><br />
Act, including <strong>the</strong> village committee which is set up<br />
pursuant to this act. It is required that an area to be<br />
established as a community forest must be located near<br />
<strong>the</strong> c<strong>on</strong>cerned village. In short, <strong>the</strong> draft of Community<br />
Forest Act (CFA) proposed by <strong>the</strong> RFD will provide<br />
forest villagers with <strong>the</strong> necessary rights. The act will<br />
encourage people to get involved and take resp<strong>on</strong>sibility<br />
for forest ecosystems and be willing to protect and<br />
manage forest as sustainable resources for <strong>the</strong>mselves.<br />
(Attanatho: 1993, 97)<br />
According to Secti<strong>on</strong> 4 of <strong>the</strong> draft CFA, forest land that<br />
village committee requests for community forest must<br />
be land that has been previously designates as forest<br />
land under <strong>the</strong> Forest Act of 1941 of <strong>the</strong> 1964 Nati<strong>on</strong>al<br />
Reserved Forest Act. Land in nati<strong>on</strong>al reserved forests<br />
that can be designated as community forest should be in<br />
<strong>the</strong> degraded areas that are unsuitable for cultivati<strong>on</strong> or<br />
o<strong>the</strong>r agricultural activities will come under government<br />
reforestati<strong>on</strong> projects, or may be leased by any pers<strong>on</strong> or<br />
HERITAGE, IDENTITY, CHANGE AND CONFLICT<br />
corporati<strong>on</strong> wanting to replant trees. In additi<strong>on</strong>, small<br />
patches of forest areas scattered around villages that are<br />
used for purposes such as grazing land, sacred areas,<br />
cemeteries, sources for wood, fuel wood, or natural<br />
food, and which are being protected and c<strong>on</strong>served by<br />
<strong>the</strong> villagers, should also be designated as community<br />
forest.<br />
Those of community-oriented policy and legislati<strong>on</strong><br />
within forestry development in <strong>the</strong> country were<br />
expressi<strong>on</strong> of <strong>the</strong> implementati<strong>on</strong> <strong>the</strong> 1997 C<strong>on</strong>stituti<strong>on</strong><br />
of Thai which clearly stated that traditi<strong>on</strong>al communities<br />
have <strong>the</strong> right and duty to manage resources where <strong>the</strong>y<br />
live. The government of Thai has been willing to give<br />
more authority to local people, indigenous communities<br />
and forest-dependent people in particular, so that <strong>the</strong>y<br />
are able to benefit from <strong>the</strong> forest and c<strong>on</strong>tribute to<br />
forest c<strong>on</strong>servati<strong>on</strong> and improvement. In short, <strong>the</strong><br />
government hopes that <strong>the</strong> new Community Forest<br />
Act will make people perceive <strong>the</strong> value of forest and<br />
natural resources and also involve <strong>the</strong>m in resource<br />
management and c<strong>on</strong>servati<strong>on</strong>.<br />
Malaysia<br />
Malaysia’s forests essentially comprise of an evergreen<br />
rainforest with several different kinds of natural forests,<br />
raging from beach and lowland rainforests to mountain<br />
forests. In terms of forest formati<strong>on</strong>, Peninsular Malaysia<br />
is part of <strong>the</strong> Indo-Malayan rainforests and forms part<br />
of <strong>the</strong> Malesian floristic regi<strong>on</strong>. Slightly more than a<br />
quarter of Malaysia’s total land area is categorized as<br />
being under Permanent Forest Estate (PFEs). In <strong>the</strong><br />
peninsula, about 77 percent of <strong>the</strong> total forest area is<br />
classified as such: <strong>the</strong> ratio is 75 percent in Sabah, while<br />
it is <strong>on</strong>ly 52 percent in Sarawak.<br />
As with land and o<strong>the</strong>r natural resources, forestry is<br />
under <strong>the</strong> jurisdicti<strong>on</strong> of state government. Thus, <strong>the</strong><br />
main policies and instituti<strong>on</strong>s are reflective of state<br />
government attitudes. Forest management policies<br />
and legislati<strong>on</strong>s have different impacts in Peninsular<br />
Malaysia, Sabah and Sarawak prior to end since<br />
integrati<strong>on</strong> into <strong>the</strong> Federati<strong>on</strong> of Malaysia in 1963.<br />
There have been a number of initiatives to define and<br />
implement federal forestry policy. Federal forestry policy<br />
and related instituti<strong>on</strong>al initiatives did not really develop<br />
until <strong>the</strong> 1970s. In 1971, <strong>the</strong> federal government set up<br />
<strong>the</strong> Nati<strong>on</strong>al Forestry Council (NFC) to serve as a forum<br />
for discussing and coordinating forestry policies in <strong>the</strong><br />
peninsula. The NFC comprises <strong>the</strong> chief ministers of<br />
all states in <strong>the</strong> peninsula as well as <strong>the</strong> relevant federal<br />
ministers. (FAO, n.d., 62)<br />
Ref lecti<strong>on</strong>s <strong>on</strong> <strong>the</strong> <strong>Human</strong> C<strong>on</strong>diti<strong>on</strong>: Change, C<strong>on</strong>flict and Modernity<br />
The Work of <strong>the</strong> 2004/2005 API Fellows<br />
49