Songdej, A. (2010) Cambodian Child Beggars in Thailand: A Case Study of Rights and Needs Based Approaches in Legislation and Implementation

Title: Cambodian Child Beggars in Thailand: A Case Study of Rights and Needs Based Approaches in Legislation and Implementation

Author: Anne Anuchanan Songdej

Year: 2010

Keywords: CAMBODIAN CHILD BEGGARS/ RIGHTS-BASED APPROACH/ NEEDS-BASED APPROACH/ LEGISLATION/IMPLEMENTATION/HUMAN TRAFFICKING/ MIGRANT CHILDREN

Download PDF of Abstract: English Thai

Abstract:

This research aims to determine the extent that Thailand's Anti-Trafficking in Persons Act (2008) protects the rights of Cambodian child beggars as outlined in human rights conventions. This was done by assessing the level of policy coherence between Thailand's Anti-Trafficking in Persons Act (2008) and other related policies, by assessing the practicality of the guidelines used for screening victims of trafficking by Thai officials, and by assessing whether Thai officials' attitudes towards Cambodian child beggars affected whether the rights-based approach or the needs-based approach was followed in practice.

This research found that there was strong policy coherence between Thailand's Anti-Trafficking in Persons Act (2008) and other related policies, such as the Child Protection Act (2003), the Labor Protection Act (2008), and the Domestic Violence Victim Protection Act (2007). Despite this fact, there existed large policy incoherence between Thailand's Anti-Trafficking in Persons Act (2008) and the Beggar Control Act (19411) and Immigration Act (1979). The lack of policy coherence between Thailand's Anti-Trafficking in Persons Act (2008) and the two latter Acts was found to deeply affect whether Thai officials followed the rights-based approach or the needs-based approach when dealing with Cambodian child beggars. This was because some saw the Cambodian child beggars as victims of trafficking, while others saw them as voluntary migrants, illegal migrants, or both. This in turn made for a subjective screening process and affected whether Cambodian child beggars were taken under Thai custody at all. From interviews with Cambodian child beggars, it was found that although Thai officials do not follow the Anti-Trafficking in Persons Act (2008) for every Cambodian child beggar in this study, this may be a more practical approach so that the immediate needs of the majority of these Cambodian child beggars are met. Nonetheless, this raises concerns over how to more effectively address the structural causes of the child begging problem.

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

Tag Cloud

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

Sari, B. (2010) The Impact of Organic Rice Contract Farming on Farmer's Livelihood and Land Tenure in Cambodia: A Case Study in Kampong Speu Province

Title: The Impact of Organic Rice Contract Farming on Farmer's Livelihood and Land Tenure in Cambodia: A Case Study in Kampong Speu Province

Author: Bette Rosita Sari

Year: 2010

Keywords: CONTRACT FARMING / FARMERS' LIVELIHOOD / LAND TENURE/CAMBODIA

Download PDF of Abstract: English Thai

Abstract:

This study examines organic rice contract farming in Cambodia and its impact on farmers' livelihood and land tenure. The study's objective is to gain a better insight of the terms and conditions of rice contract farming scheme in Cambodia, and determine under what conditions contract farming could bring improvements to farmers' livelihoods and strengthen land tenure security. This study contributes new research findings on farmers' livelihood and land ownership changes due to organic-rice contract farming with a case study in Kampong Speu province, Cambodia.

Rice contract farming is not widespread in Cambodia at present, but is expected to expand significantly in the near future. Contract farming can increase investment into agricultural and infrastructure in rural areas. Contract farming can also enable farmers to access credit, inputs, technical advice and information about market condition and pricing trends. Yet, the disadvantages of contract farming include loss of farmer bargaining power and a potential reduction in profit margins, increased emphasis on improving production quality, land consolidation in favor of participating contract farmers, and less secure livelihoods.

In this study, the contract farming arrangements of Angkor Kasekam Rongroeung (AKR) Company is studied. A survey of 16 contract farmers and 20 non­contract farmers in Kampong Speu province has been undertaken to examine the AKR contract farming scheme arrangements and to identify farmer's motivations to participate in contract farming and the costs, benefits and changes in the community.

AKR rice contract farming improves farmers' livelihood because they get a higher income and rice yields. Higher price, good rice seed, and access to market are the main reasons for farmers to participate in AKR contract farming. However, strict requirements, heavy penalties, poor extension services, and lack of information about the contract terms and conditions reduce farmers' long-term participation in contract farming. In addition, contract farmers have less bargaining power to negotiate with the company due to the absence of a farmer association. The AKR contract farming does not strengthen farmers' land tenure, but deforestation has been widespread in the villages studied due to the expansion of land under (contract) cultivation.

Overall, the status of contract farming in Cambodia clearly points to the great potential for its expansion in the future. However, for this to be realized and for the benefits to be shared fairly between companies and the farmers themselves, the study concludes that issues about the role of the government, the regulatory framework, contract enforcement, the land tenure system and the formation of small-scale farmer organizations must all be addressed.

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

Tag Cloud

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

Lo, M. (2010) A Refugee Centered Perspective on Refugee Protection Mechanisms: The Case of the Lao Hmong Refugees in Thailand

Title: A Refugee Centered Perspective on Refugee Protection Mechanisms: The Case of the Lao Hmong Refugees in Thailand

Author: My Lo

Year: 2010

Keywords: REFUGEE, REFUGEE PROTECTION

Download PDF of Abstract: English Thai

Abstract:

In a state-centered paradigm, the refugee regime has diverted the application of its moral obligations of protection to serve state interests. It has moved away from the object of its protection the refugee herself—to prefer policies and practice of political convenience.

Looking closely at the experience of the Lao Hmong refugees in Thailand, this study contends that the refugee perspective must regain its validity in dictating protection policies. When asked to define refugee protection, their experience with it and their expectations of it, Lao Hmong refugees invoked basic principles of human rights: right of livelihood, freedom from fear, freedom of movement, right of education, cultural and religious freedom, etc.

Most importantly, they frame their protection demands within the respect and full realization of their human dignity, self-sufficiency and self-determination. Their experience validate the idea that refugee protection must not seek to provide solutions to the circumstances of being a refugee but rather it must seek to empower refugees to decide what solution suits their aspirations best.

Recommendations include practical programmatic considerations (e.g. the strategic use of technology to promote self-sufficiency) and wider policy guidelines (e.g. signing and ratifying the 1951 Refugee Convention).

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

Tag Cloud

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

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

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

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

Tag Cloud

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