Land and Forestry Law Reform in Thailand : Challenges and Opportunities for Indigenous and Forest Dependent Peoples By Somchai Benjachaya Technical Forest Officer The 16 th Conservation Area Administration Bureau (ChiangMai) The National Parks, Wildlife, and Plant Conservation Department 17 November 2012 Furama Hotel, Chiang Mai, Thailand

There are 450,000 people in the area of 6.4 million Rai in the national forest reserve. In the protected forest area had approximate 200,000 people as 2.2 million Rai.

Before 1992 about 20 years ago the policy of government was giving and taking care for whom using the land of the state by themselves, community, land reform, forest village, and right for life. This method is used to solve the problem of land-used in Thailand. The resolution of the cabinet on 30 th June, 1998 was a solution for the problem of land-used in 2 targets; Due to management of Land and forest resources, and Due to the national reserve forest protection.

The Act at present 1. Forest Act 1941 was aimed for controlling/managing the logging. 2. Wildlife Preservation and Protection Act 1960 was aimed for protection of the forest area for wildlife’s habitat. 3. National Parks Act 1961 was aimed for national park land. 4. National Forest Reserve Act 1964 was aimed for controlling the usage of the forest area for example mining, plantation, land-used for people who inhabit, agriculture and etc. There had been 4 important acts for about 50 years. That’s mean many rules are not practical now.

And there had been another 2 Acts. Plantation Act 1992 for promoting tree plantation on private land and Chainsaw Act 2002 for controlling the chainsaw technology. Because if there is anyone, who use it without responsible, it can quickly destroy trees in the forest.

For Forest Community Act, about 20 years ago, the community of forest network, including the community in the forest area and NGOs, was trying to establish it. But, it was not successful because most of Thai people didn’t trust/believe in the community. They thought the community can not take care of the land-used area and forest environment/eco- system. I think this is the negative sign, which is sent to the cabinet members to not supporting or making this act.

Community problems in Thai forest There are about 20,000 villages, million households, 10 million people in Thai forest area (Thailand has 64 million people) However, Thai government take care of all people who live in the forest area by register them in the system of ministry of the interior.

Also Thai government and other organizations, for example the Royal Project, are trying with many patterns for highland development because these areas are head watersheds of Thailand.

Government’s Targets for Protected Forest Area At least 40% of Thailand should be forest area.

Thailand National Forestry Policy % of Thailand must be Forest protection area. 15% must be Forest production area

In 1988, there was a huge flood and land slide in southern Thailand, and about 200 people were dead. Therefore, Thai government banned the logging in all forest area, except mangrove forest.

The Land and Forestry Resources Management The Royal Forest Department. due to the resolution of the cabinet on 30 th of June, 1998 about the concurrently preservation of both community rights and woodland. The main principle is land rights will be provided to the community, if the community inhabits those areas before they’re announced to be forest area. On the other hand, if the community inhabits those areas after they’re announced to be forest reserved area, they will have to migrate to somewhere else or living under government control. All regulations listed above are according to the National Reserved Forest Act 1964

The Land and Forestry Resources Management The National Parks, Wildlife, and Plant Conservation Department Insist the government policy to not using the protected forest area due to agriculture reform act. There will be a surveying and controlling the forest community by referring to the resolution of cabinet on 30 th of June, 1998.

There isn’t any section about land usage in the act of protected forest area, however there is a Joint Management of Protected Area project (JoMPA) which help in finding the way to manage community and forest in protected area, by using forest officer to manage this case, which is allowed in the law. (Section No. 19 in The National Park Act. And Section No. 38 in The Wildlife Preservation and Protection Act) Otherwise, There is also a Promotion and Development by Community Participation project for watershed area.

The Royal Project 1) Area zoning 2) Career promotion and development 3) Promoting plantation and forest management by community participation 4) Promoting people knowledge 5) Promoting virtue and consciousness of the community in order for forest conservation The Land and Forestry Resources Management

Suggestion about Forest Resources Management of Community There are 12 steps 1) Set up a meeting with the head of the community for watershed management. 2) Set up a workshop with the village representatives. 3) Village representative will help in collecting the data from the village. 4)Analyze and synthesis the data. 5) Set up a community forum to confirm or adding data. 6)Community representative participate in the surveying the usage of forest resources.

7) Collect the community’s forest resources management model. 8) Collect and/or make products from forest resources as a lifestyle of the community. 9) Analysis and finding the relation of all data, in order to summarize the watershed area management model. 10) Draft the forest resources strategy for sustainable management. 11) Set up a workshop to create the final strategy. 12) Take action by following the final strategy. Suggestion about Forest Resources Management of Community

The local government organization Tambon Administration Organization (TAO) Vision Tactic Royal concept Take to give 6 items : Wood Non-wood Wildlife Eco-tourism Land-used and Water Propaganda Motivation Slogan Forest city

Challenge & Opportunity Understanding & Using the land-used History of inhabit and field Constitution 2007 Law, Cabinet’s resolution, Government’s Policy Mechanical of Development Seek for cooperation NGOs, Academic Institution Data & Challenge for practices from researcher, technocrat, thinker.

Challenge & Opportunity They should set their basic ideas and practices for their lifestyle, which should be able to be adapted to the situation in the present and the future. Local wisdom, forestry technique and royal concept should be used together in the forest management.

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