Questions/Answers

Maetha Sub-district in Chiangmai province is partially located in the national forest, which has caused conflict over land rights between the community and the national government. The population of Maetha subdistrict is about 5,000 families, most of whom are farmers or have forest-based occupations. Based on the survey, the land of Maetha Sub-district is about 3,558 acres, located in national forest with no official land title. Local families, whose livelihoods are dependent on this land, are vulnerable to lose their occupation and also do not have access to any services from government authorities. Land security and natural resource accessibility are the main problems for the community, because these issues cause an inequality in their ability to secure income and access to public service from the Maetha Sub-District Administrative Organization. The Participatory Land Use Planning Initiative was a planning and decision-making process facilitated by the Maetha Sub-District Administrative Organization in collaboration with many partners, using legal tools and official institutions. In 2015, the Sub-District Administrative Organization obtained the certified communal land rights from the national government. Once the land was officially certified, the development program in Maetha Sub-District was initated to improve the quality of life and livelihood of the Maetha people. There are 7 villages that benefit directly from the land rights security and development program. This is the first pilot case of a supportive development program in Thailand, where the national government delivered the communal land rights to the local people living in a nationally protected forest.

Participatory Land Use Planning for Sustainable Development at Maetha Sub-District is the initiative facilitated by the Sub-District Administrative Organizaion to engage local people be in the process of land use planning in order to secure the communal rights and access to natural resources for sustainable use. By using existing legal tools of Maetha Sub-District Administrative Organizaion and combining formal mechanisms with local knowledge and traditional practices, this project can resolve conflicts over land and resources management between national institutions and local people.

This initiative is linked to Category 2 – Making institutions inclusive and ensuring participation in decision-making. The initiative is a participatory process that was developed with collaboration between the local people, the village council, local administrative officers, government officials, and universities. This process can empower all local people to recognize their own rights in planning and decision making by land use planning and developing local rules governing its uses. While the local community has very little knowledge of formal legal and administrative procedures, they were able to create their own planning and local ordinance for improving their livelihoods and protecting the natural resources which they depend on, such as agriculture land, stream, and forest products. This initiative is an exemplary case of community-based natural resource management in Thailand. The project demonstrates how communities can conserve vulnerable ecosystems and support local livelihoods by empowering the local community and strengthening local management institutions.

During the working process, GIS technology was introduced to the local government institutions. A GIS system was used to collect and coordinate information related to development planning. This technology provides the local institutions with a better system for managing land use and natural resources of the forest. Additionally, the initiative led to the development of basic infrastructure and access to water resources. Within the region, there are about 1,380 families in 7 villages who used to live and farm informally on vulnerable land, but the initiative allowed them to secure communal land rights for about 2,879 acres for 30 years from national government. This certified land has been recognised by national government and is now eligible for the development of basic infrastructure and water resources. The livelihood and income of the local people has been improved through sustainable farming and animal husbandry.

Foremost, this initiative aims to bridge the legal gap between forest conservation at the policy level and livelihood development at the local level. The land use plan intended to provide an equitable collective framework for managing shared communal resources that would improve the livelihood of the local people who had been living and farming in a vulnerable situation. The land use plan, with local rules and regulations, are only effective tools of the local government institutions to provide the infrastructure development. After the approval of communal land right from the national government, the local government is responsible for providing roads, electricity, and water resources that are necessary for the livelihood of the residents, and to oversee the future of the development and natural conservation according to the land use plan.

Based on the research, approximately 3.44 million acres of land in Thailand has unclear ownership, overlapping between community claims and the Royal Forest Department and/or the Department of National Parks Wildlife and Plant Conservation. Approximately 1 million households, or 40 percent of Thai farmers are living and farming on vulnerable land, with risk to their livelihood and possible relocation. This initiative is a successful case of participatory land use planning that has become a role model for solving land conflict in Thailand. Its success and positive outcome has helped to advocate for policy change at the national level and improved the local governance procedure in land planning, which goes beyond formal planning and legal processes. The working methodologies become a model to be applied in 273 sub-districts in 500 villages across Thailand. As a milestone project in Thailand, the lesson learned and working processes can be shared in other Asian countries that share similar culture and challenges. Based on a study by RECOFTC - The Center for People and Forests - throughout Asia, three-quarters of the forests and tens of millions of people are affected by similar land conflicts.

Conventionally, land use planning in Thailand is conducted by professional planners at the Department of Public Works and Town & Country Planning with very little public participation. Even though the national constitution provides a legalised channel for the local level to initiate land use plans, there is no example of this happening in a rural area, especially areas in conflict with national protected forest. This is the first time in Thailand that the government officials at Sub-District Administrative Organization developed participatory land use planning tools and processes for helping the local people enable their own land use plans, create village by-laws that can serve to formalize and strengthen local land rights, and resolve conflicts over land and resource management using traditional management practices.

This innovation is original in terms of working processes and methods; even though the GIS technology and application tools in planning process have been used in the project are not original. There are two key processes that are original innovations: 1) The entire process of information collection, systematic analysis, demarcation of different land use zones, and drafting village by-laws was fully done by local people and facilitated by government officials at the Sub-District Administrative Organization, researchers, and professionals. 2) Before the local people had officially obtained the communal land rights for 30 years from national government, the Maetha Sub-District Administrative Organization created an official document to verify that the local people had rights to the land. This process helps local people gain confidence and security to continue living and farming the land in traditional way, and to continue practicing forest conservation.

1) Financial Resource: Maetha Sub-District Administrative Organization supported the budget of about 1,595 USD for facilitating the land use mapping and surveying. Community Organizations Development Institute (Public Organization) supported a budget of about 9,565 USD to a community architect and planner to help facilitate the participatory land use planning process. 2) Human Resource: Representatives of each occupation, officials of TAO, forest committee, network of sustainable agriculture, youth and young farmer group, local school, temple and hospital, village council and committees were the main participants in the working process throughout the project. Researchers and a professional architect and planner participated in facilitate the working planning. 3) Material Resources: Basic stationary and licensed GIS application and GPS tools were supported by the Maetha Sub-District Administrative Organization. And local people contributed local material that was used in the fieldwork.

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This initiative has been the pilot case of a nation-wide policy for managing land use conflicts between the nationally protected forest and the local community. In 2014, the Land Administration Division had been established to implement and disseminate this practice at a national scale. The working processes from this project have been transferred to another 12 provinces of Thailand; where 5 sub-districts have already obtained the communal land rights from government. Maetha Sub-District Administrative Organization has become the learning center for both local and international development organizations that are concerned with people’s livelihood and forest conservation, for example: the Network of Environment and Natural Resource Management - Maehongson, Community Organizations Development Institute (Public Organization) under Ministry of Social Development and Human Security, and Asia Forest Cooperation Organization. Also, this project has been the best case study of community forest management for research institutes and universities, for example; Chiangmai University, Prince of Songkla University, and The Center for People and Forests (RECOFTC).

The fundamental aspect of this initiative is the integration between local practices in land resource management and formal legal institutions, with official budget of Sub-district Administrative Organization, to empower local people in protecting their communal land for agriculture together with national forest management. Also, this initiative can equally uplift household income and living standard by delivering basic infrastructures for people.

By having village councils and sub-district committees that work with sub-district planners and related officials in partnership, this initiative has been recognized in and accountable to local and national frameworks. All land use plans, together with the annual budget for development projects, have been annexed in the development policy of Maetha Sub-District Administrative Organization. All collected data and information has been systemized in the way that allows access to edit and improve future planning with skilful and trained officials. By intensively working with youth groups and young farmers, the local people will transfer the knowledge and spirit on sustainable living with forest to newer generations.

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This initiative was evaluated by the Office of the Decentralization to the Local Government Organization Committee, Prime minister‘s Office during 2013-2015. In 2013, Maetha Sub-District Administrative Organization was awarded the best practice of good governance in the decentralization process of local governance and public services, which have accountability and transparency to meet local problems. In 2014, Maetha Sub-District Administrative Organization was awarded of best practice of good governance in the decentralization process of local conservation and environmental protection together with improvement of community livelihood. In 2015, Maetha Sub-District Administrative Organization was awarded for excellence and innovation in local development and good governance in participatory land use planning, which become the pilot case for other local government organizations.

From above awards and evaluations, Maetha Sub-District Administrative Organization have been continuing to develop the working process to improve the delivery of public services to the local people more effectively through a detailed household survey system for development planning. Infrastructure development projects such as roads, electricity and water supply for agriculture have been implemented in each zone according to the land use plan. Local people have gained confidence to grow native timbers on their land, extending the forest zone and spurring reforestation. The role of local people, together with the Sub-District Administrative Organization, have been recognized and publicized to other organizations as an example of the working process for land use planning and facilitating participatory planning and decision-making.

1) The expansion of deforestation through farming was ended and the amount of tree and diversity of species in the community protected forest zone has been increasing. 2) Household incomes of local people have been increasing. 3) Annual budget for infrastructure development projects in the communal land rights area is higher. 4) Based on the survey of satisfaction in resources management, most of people are satisfied with the accountability of Maetha Sub-District Administrative Organization. 5) The policy to implement the development program and projects according the land use plan, with yearly budget, have been annexed in Sub-District Administrative Organization. 6) The collaboration and engagement with other organizations and authorities in both local and national level.

The success of this initiative was largely based on the collaboration between the local people and external organizations at every stage of the work. The roles and contributions of each organization can be highlighted according these key tasks: 1) Setting up goals/objectives and working team Representative of each occupation, officials of Sub-District Administrative Organization (SAO), forest committee, Institute of Maetha’s Resources and Sustainable Agriculture, young farmer group, village council and committees, professional planner, and sub-district planners 2) Land use mapping, data/information collection, and analysis Representative of each occupation, forest committee, Institute of Maetha’s Resources and Sustainable Agriculture, young farmer group, village council and committees, professional planner, and sub-district planners 3) Land use planning and drafting village by-law Officials of SAO, forest committee, Institute of Maetha’s Resources and Sustainable Agriculture, young farmer group, village council and committees, professional planner, sub-district planners, and officials of district administrative office 4) Implementing and monitoring actual projects related to infrastructure, livelihood development Officials of SAO, village council and committees, and beneficially 5) Advocating for policy and communal land rights Officials of SAO, forest committee, sub-district planners, and officials of Ministry of the Interior, officials of the Royal Forest Department 6) Supporting budget for project developing SAO, Community Organization Development Institute, CSR programs from private sectors 7) Supporting information, research, and facilitating in participatory planning process SAO, Community Organizations Development Institute, Faculty of Law Chiangmai University, Faculty of Forestry Kasetsart University, Faculty of Business Administration of Maejo University, and The Center for People and Forests (RECOFTC)

For local people who depend of land and natural resources, obtaining land security is very important for their livelihood. The participatory processes of developing land use plans and village by-laws are a crucial stage for local people to gain recognition from the official governing system. It also builds their capacity and self-confidence in regards to their culture and traditional management, improving their livelihood together with natural resource conservation. With existing legal tools and framework supported by the Sub-District Administrative Organization, this initiative demonstrated that the community rights provided in the national constitution can solve the land conflict problems when working in partnership. This initiative also built up capacity and accountability of local government officials, local political persons, and local leaders to work together in shaping governance outcomes that benefit local people. Value and knowledge transmission between generations is one of the key indicators of success in community-based management and development. However, to be more effective on land management and economic growth, promoting new occupations for younger generations, such as agro/forest-based tourism, must be considered.And collaborations between non-local actors, such as private companies to create new collaborative business models for future development.