Our forest laws have inflicted immense hardship on more than 10 million people living in national forests.
A policy U-turn is seriously needed to protect both the forest ecosystem and the fundamental human rights of forest dwellers. Unfortunately, instead of allowing the incoming administration and recently elected lawmakers to provide a new solution, the outgoing Prayut Chan-o-cha government strengthened the autocratic power of forest authorities to suppress forest communities.
The outgoing cabinet on July 11 approved a draft decree authorising the Department of National Park, Wildlife, and Plant Conservation (DNP) to develop land use programmes in national parks to set rules for forest dwellers.
Currently, the DNP has sole control over 67,633 million rai of forest land, or approximately 20.67% of Thailand's total land area. Over 3,000 forest communities reside in these parks, safeguarding more than 200 community forests across the nation.
The DNP land use programmes will initially begin in seven national parks before expanding to cover all 133 national parks in the country.
The DNP claims the programmes align with the National Park Act 2019 which is intended to assist people who live in national parks. That justification is wide of the mark. In reality, this law is too oppressive to help anyone. It contains severe penalties, such as a maximum jail term of 20 years and a maximum fine of two million baht for certain offences. It also grants forest officials the authority to demolish forest dwellers' homes on the spot without prior warning or court orders.
Many forest dwellers have lived in these areas long before they were designated as protected forests. However, their customary land rights were ignored after governments over the past four decades declared the areas national parks or protected forests. Such policies have given way to persecution, arrests, imprisonment, and forced evictions.
Under the new law, people residing in national parks must join the DNP's land use programmes and adhere to the farming and forest conservation method dictated by the DNP. They are also prohibited from expanding, leasing, or selling their farmland.
If they still continue their traditional way of life and do not follow the set conditions, they will not be allowed to stay and will face severe legal action for forest encroachment, even though they have been living there for generations. Even if they strictly adhere to the stringent DNP rules, land occupancy rights are limited to only 20 years.
Furthermore, participants must be Thai citizens or in the process of obtaining Thai citizenship. As a result, ethnic minorities and hill tribes who have lived in these areas for generations without Thai citizenship are excluded from participation. Worse, they will face arrest or eviction from their ancestral land.
It is clear that the DNP does not acknowledge the cultures of the various ethnic groups in the forest, disregarding ecological practices such as the traditional rotational farming system used by the hill tribes, despite its recognition as part of Thailand's cultural heritage in 2013.
Moreover, park laws and land use regulations violate the rights of local communities. Section 43 of the constitution acknowledges their rights to conserve, restore, promote their heritage, and manage natural resources and the environment sustainably.
Research shows the traditional way of life and sustainable farming systems of forest communities effectively maintain the health of forests, as recognised by the Intergovernmental Panel on Climate Change (IPPC). However, forest authorities refuse to acknowledge this, prioritising their monopoly control over valuable forest resources over forest protection.
Ironically, while forest authorities aim to evict forest dwellers, claiming that humans harm wildlife, they eagerly welcome mass tourism in national parks. An important objective of the National Park Act is to allow the parks to keep all tourism money without having to send it to the government.
The top-down land use programmes will aggravate the persecution and suffering of forest dwellers. Prohibiting their traditional farming practices also jeopardises the health of the forest. Giving forest communities a say in land use is crucial but insufficient. The draconian law must be amended to protect both the forest and empower forest communities. By doing so, we can ensure a more sustainable future for forest communities and the forest ecosystem.