Legal Problems in Land Possession Rights of Indigenous Peoples in Thailand: A Case Study of the Karen of Kaeng Krachan

Abstract

            A study of legal problems in land possession of indigenous people in Thailand: A study of the Karen of Kaeng Krachan has some objectives to demonstrate existing international and domestic laws for recognizing the legal status of indigenous peoples. The study focuses on the rights to access to the land of the Karen indigenous people at Ban Jai Phaendin and Ban Bang Kloi Bon living near the Kaeng Krachan National Park area. The study uses a qualitative research method and collecting data based on various documentative evidences in order to present how to protect indigenous people rights and promote their participatory rights. Based on the rights of people to self-determination, the promotion and participation of indigenous people in any decision-making process can legitimize the actions of the governmental authority for policy and legal implementation.         The study result has found that indigenous people living in forest, reserved, and restricted areas had no clear legal standing in the country to participate in various matters. In other words, the groups of indegenous people are not considered to be equal and have political equality. Although the essence of the law stipulates that indigenous peoples are people who should be guaranteed legal status and should be entitled to participation and rights on an equal basis with other peoples, without discrimination. But in a practical way, it has been found that there are still some limitations arising from various government policies or measures that cause indigenous peoples are restricted to the rights to participate in decision-making processes, including the right to the land. Importantly, They are not free from interference. In addition, certain legal measures or governmental policies that aim to conserve forest resources have made it impossible for indigenous people to go and live in the areas that they have traditionally lived in since the time of their ancestors and the boundaries of the area have not yet been demarcated for the indigenous people, causing problems in the land rights of the indigenous people.