This month marks the two-year anniversary of the start of an unprecedented crackdown on forest encroachment by large resort developments in Thap Lan National Park. But after a series of spectacular raids led by park chief Taywin Meesap, some of them involving hundreds of rangers in night-time operations, the forest take-back operation has languished. The chief reason for this is the retirement of Damrong Pidech last year as head of the National Parks, Wildlife and Plant Conservation Department. Mr Damrong gave Mr Taywin his full backing.
LOOKING DOWN ON ENCROACHERS: Damrong Pidech, former NPD chief, on a helicoptor inspection of illegally built resorts in Thap Lan National Park.
Shortly after he replaced Mr Damrong, Manophat Huamuangkaew assured park staff and the public that further deforestation would not be allowed and the department will do all it can to block encroachment. However, he stopped short of promising the sort of strong action endorsed by Mr Damrong, saying he would adopt a "less aggressive" approach toward encroachers. He also advanced the idea of allowing resort operators to rent forest land so they can continue their businesses.
This sort of compromise was out of the question under Mr Damrong, at least during the last part of his tenure when he made his reputation for being tough on encroachers. With his encouragement, Mr Taywin undertook an extensive examination of land documents and old legal cases between involving the park and alleged encroachers in Thap Lan National Park, part of the Dong Phayayen-Khaoyai Forest Complex. The investigation resulted in the discovery of more than 400 cases of encroachment, 140 of which involved resort properties.
Back then, Mr Taywin said that "those encroaching upon the forest are not the ones who are poor, they are rich and influential".
STUCK IN NEUTRAL: Thap Lan Chief Taywin Meesap wants to resume the encroachment fight.
After obtaining court orders requiring encroachers to surrender their properties, 50 properties were marked for reclamation _ which entailed the dismantling of buildings on the premises. The first three properties were reclaimed in September 2011, and dismantling raids were conducted on a total of 24 more up until Mr Damrong retired last October.
At a seminar last week organised by Thammasat University's faculty of law, titled "Forest Encroachment Problems in Thap Lan", Mr Damrong said: "Today the work is sluggish, and I would like to ask people to help look into this". He stressed that for authorities to enforce Section 22 of the 1961 National Park Act, which empowers park officials to take action against encroachers and remove offending structures, it is necessary to have the backing of the Parks Department from the top down.
FRUSTRATIONS MOUNTING
Off the record, some officials at the seminar said they have been left frustrated since Mr Damrong left. Neither Mr Taywin nor his park staff spoke of any possible disagreements or discomfort they may have with the appointment of the the new park chief, but say they are still waiting on court orders to go ahead with actions against the remaining 23 properties deemed to be encroaching in Thap Lan.
However, a number of environmentalists and law experts at the seminar left no doubt that they believe the mission against forest encroachers has been hindered by inaction from top forest officials.
Law professor Prinya Thaewanarumitkul of Thammasat University said he has visited park officials at Thap Lan twice and learned that they are doing their best to reclaim forest land. He said top officials in Bangkok should not sit idly by and leave park officials to fight alone.
Mr Prinya said that the law enforcement actions against resorts at Thap Lan in 2011-12 signified a turning point in forest conservation in modern times in Thailand. It was unprecedented for park officials stand up against resort developers. He also feels that success or failure in Thap Lan will define the fate of forest protection in the country as a whole. There is no other way but to enforce the law, which means the removal of properties encroaching on forest lands, Mr Prinya said. If enforcement fails, it is likely that the laws will no longer command any respect and people will encroach on the nation's forest lands freely.
"We have been playing with high stakes here," Mr Prinya said. "What will happen if people continue to encroach in the forest even after the court has ordered that they must leave? This is serious and critical. It's not just a problem concerning law enforcement at the field level; it encompasses the whole justice system."
Mr Prinya said it would be possible to amend Section 22 to require top forest officials to take action when the court finds violations, but this process would take time and might be obstructed in parliament. He suggested that the Administrative Court may provide a means for enforcing Section 22.
Mr Prinya also cited the case of the Map Ta Phut industrial estate, when villagers affected by pollution from Map Ta Phut filed a complaint with the National Environment Board, chaired by Prime Minister Yingluck Shinawatra. This prompted officials to take action in line with court orders to enforce environmental laws. The same thing can happen with forest encroachment in Thap Lan, Mr Prinya said.
To ensure that justice will be delivered to all, he added, alleged encroachers must be allowed their day in court. He also said it was important for the Parks Department to resolve the issue of unclear forest and national park boundaries, which is at the root of the problem as it allows resort developers to consort with locals whose land rights documents are under verification and to exploit the murky situation.
He said those people whose families were living in forests before their declaration as national forest or protected forest should not be subject to legal actions, but resort developers who come to buy land from these people are in a different category and are subject to such actions.
Mr Prinya said forest and law enforcement officials must separate these two groups and handle them differently to avoid emotional and angry conflicts with legitimate landowners.