Developing Law and Participation and the Role of Local Administration to Restore and Preserve Community Forest

Abstract

Background and Aims: The research on the development guidelines for laws and forms of local community participation and the roles of local administrative organizations for community forest restoration and conservation has the following objectives: 1) To study the problems, obstacles, and limitations of the development guidelines for laws and forms of local community participation and the roles of local administrative organizations for community forest restoration and conservation. 2) To study the principles, concepts, and government policies related to the development guidelines for laws and forms of local community participation and the roles of local administrative organizations for community forest restoration and conservation. 3) To study international environmental agreements, community forest laws abroad, community forest laws in Thailand, and laws related to the powers and duties of local administrative organizations. 4) To study and analyze problems and determine guidelines for developing laws and forms of local community participation and the roles of local administrative organizations for community forest restoration and conservation. 5) To develop guidelines for developing laws and forms of local community participation and the roles of local administrative organizations for community forest restoration and conservation.

Methodology: This study is a qualitative research that integrates 3 disciplines: law, public administration, and management by studying data from primary and secondary documents, including principles, concepts, related theories, policies, national environmental strategies, environmental master plans, international environmental agreements, foreign laws and Thai laws, including data collection from field research, including in-depth interviews with 20 people and focus group discussions with 35 people. Doe used a specific selection method from stakeholders analyzed the data and described it descriptively.

Results: The results of the study found that 1) Community Forest management in Thailand still has legal problems, namely the lack of a mechanism based on the principle of true local community participation and the lack of a clear and effective role of local administrative organizations for the rehabilitation and maintenance of community forests. 2) This research study emphasizes and the principle of decentralization by determining the role of local governments, which are administrative organizations that are close to community forests, to play an important role in the conservation, restoration, management and utilization of natural resources, the environment and biodiversity in a balanced and sustainable manner. 3) From the study of community forest management in foreign countries, namely the United States, the Federal Republic of Brazil and the Kingdom of Bhutan, all 3 countries emphasize the participation of local communities, including the use of local culture as an important mechanism in community forest management. 4) Data from all research methods were analyzed to determine guidelines for the development of laws and forms of community participation for the rehabilitation and maintenance of community forests by comparing laws and policies in community forest rehabilitation in foreign countries, along with the analysis of principles and concepts to find appropriate guidelines for the conservation of community forests and creative utilization without destroying the natural resources of community forests. 5) Guidelines for law development by proposing the recognition of local community rights in the Constitution of the Kingdom of Thailand B.E. 2560 and proposing amendments to the Community Forest Act B.E. 2562, namely the recognition of local community rights and the amendment of the definition of community forests. The objectives of community forest management and the roles and responsibilities of local administrative organizations were revised to be consistent with the principles of decentralization and effective community forest management. In addition, a model for community forest management was proposed to be used as an integrated model alongside law enforcement, including: (1) Determining the roles and responsibilities of communities; (2) Determining the roles and responsibilities of local administrative organizations; (3) The roles and responsibilities of relevant government units; (4) Using local cultural mechanisms; (5) Using mechanisms for participating in carbon credit projects; (6) Utilization of community forests; (7) Promoting local wisdom from community forest products; and (8) Promoting ecotourism.

Conclusion: This research has set guidelines for the development of amendments to relevant laws, namely the Constitution of the Kingdom of Thailand, B.E. 2560 and the Community Forest Act, B.E. 2562. In addition, it is proposed to apply the 8 community forest management models to manage Thai community forests. The next research topic suggestion is the model for developing a mechanism system to promote community forest ecotourism.