Supanusorn, S. (2010) The Possibility of Judicial Recognition on Community Rights Concepts: A Case Study of Ban Mae Om Ki in Tak Province

Title: The Possibility of Judicial Recognition on Community Rights Concepts: A Case Study of Ban Mae Om Ki in Tak Province

Author: Sothonsinee Supanusorn

Year: 2010

Keywords: COMMUNITY RIGHTS/ BAN MAE OM KI/ TAK PROVINCE/ JUDICIAL PROCESS

Download PDF of Abstract: English Thai

Abstract:

 

This study aims to examine the possibility of judicial recognition community rights concepts. First, the study examines the concept of community rights as recognized under international human rights law and constitution of Thailand. Second, the study attempts to examine conditions of recognition community rights perspectives and the way of life of the affected communities and their experience of getting legal recognition of their rights.

The concept of community rights is recognized under the 1997 and 2007 Constitution of Thailand. It has also been recognized by the international human rights legal framework. However the laws in Thailand still do not recognize community rights. In this scenario, the judges have played an important role while adjudicating cases before them that pertains to community rights.

In this context, the research aims to study the case of Ban Mae Om Ki where two villagers were arrested under the charge of 'encroachment over forest land' while they were preparing the land for swidden farming or shifting cultivation. Although only two individuals were arrested, the arrest was significant for the entire community. The exercise of self-management of natural resources by the community, though guaranteed under international human rights law and the constitution, is unacceptable at the level of law enforcement. The officers of the forest department, the police and the prosecutors do not recognize this system of management and apply the law on forests on all people and arrest them for violating the law. However, co-operation of civil society networks and legal assistance helps the arrested persons to present evidence before the court that explains swidden farming and supports the concept of community rights. In this way, new judicial principles are formulated. This is a one case of human development as explained under the framework of Human Right-Based Approach to Development (RBA). The process of empowering the villager and cooperation inside community network helps in recognition of human rights. It shows how litigation and judiciary can help in shifting paradigm shifting of the state in order to protect the rights of citizens. For the purpose of balancing the state power influence by law which is violated people rights under Critical legal study (CLS) concept.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER CIVIL SOCIETY COASTAL GOVERNANCE COMMUNITY CORPORATE SOCIAL RESPONSIBILITY COUNTRY RECONSTRUCTURE CURRENT EDUCATION IN THE CAMP DEMOCRACY IN BURMA DEMOCRATIZATION DEVELOPMENT DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE GOVERNANCE FACTORS HIGHER EDUCATION HUMANITARIAN ASSISTANCE ICM INDONESIA INSTITUTIONS INTEGRATED COASTAL MANAGEMENT KAREN REFUGEES KHMER ROUGE LIVELIHOOD MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE SHADOW STATE POLITICS SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL MOVEMENT SUSTAINABLE COASTAL DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAI FEMALE THAILAND THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM

Komonjaroon, P. (2005) Education and Work Opportunities: A Path to Social and Economic Development of Thai-Karen Communities in the Border Districts of Tak Province

Title: Education and Work Opportunities: A Path to Social and Economic Development of Thai-Karen Communities in the Border Districts of Tak Province

Author: Phalehcher Komonjaroon

Year: 2005

Keywords: SOCIAL AND ECONOMIC DEVELOPMENT / EDUCATION / WORK OPPORTUNITIES / THAI-KAREN PEOPLE / TAK PROVINCE

Download PDF of Abstract: English Thai

Abstract:

 

The objective of the research is that, firstly it is going to study the situation of the livelihoods of Thai-Karen communities living in the border districts of Tak province. Secondly it is going to examine their contemporary social and economic development. Thirdly and finally the research is going to explore the interrelationship between education, work opportunity and economic development of Thai-Karen communities in the area. The research hypotheses are that; (1) formal tertiary education of Karen students provides work opportunities in NGOs, and for the provision of tourism business and regional economic cooperation projects in the local districts; (2) their informal education, such as English language and local dialects proficiencies from apprenticeships and occupational trainings, enhances their work opportunities; and (3) social and economic development of Thai-Karen people can be appraised in terms of opportunities of Karen young adult students towards education and works. Qualitative research was employed as methodology of study. From July 2005 to January 2006 the anthropological field study, documentary research, focus group discussions with primary and secondary students, non-participatory observations in the Thai-Karen villagers, and in-depth interviews and formal and informal interviews with NGOs staffs, village administration staffs, foreign missionaries, farmers, Karen students and young adults were conducted as methods of information and data collection.

The research findings are as follows. Firstly, if taken as a whole the livelihoods of Thai-Karen communities in the border districts of Tak province rely on different kinds of agricultural farming, and their economic status is at subsistence level. Secondly there are disparities among different groups. The poorest are farmers who own or not own a piece of farmland for household consumption. A big number of young people have approached to cities and urban areas for low-paid jobs in factories and shops. Farmers with a bigger piece of farmland can earn extra crops and improve their earnings. Very few better-off Thai-Karen families own home-shops or family business based on farming. Thirdly farmland scarcity, a lack of skills, low education and a lack of supports for tertiary education pursuits of Thai-Karen students, remote and scattered communities, and a lack of adequate public services are the main burdens to their development. Lastly but not least the research has found that the attainment of Thai-Karen young adult students for formal tertiary education at government education institutions such as Rajabhat University, Vocational Training College or any other University in Thailand, together with informal education, informal in the sense that students learn it from outside school, such as English language skills and local dialects from apprenticeships and occupational trainings provided by non-governmental organizations (NGOs), has enhanced their work opportunities in NGOs and for the provision of tourism business and regional economic cooperation projects in local area. These kinds of livelihoods have provided better earnings for Karen young adult students, which lead to social and economic development of their communities. Therefore it can be concluded that formal and informal education of Thai-Karen young adult students will be a tool for their work opportunities, and it will be a path to the social and economic development of their communities.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER EDUCATION RESISTANCE SOCIAL AND ECONOMIC DEVELOPMENT TAK PROVINCE THAI-KAREN PEOPLE WORK OPPORTUNITIES WORLD SOCIAL FORUM