Traditional Local Community Rights and The Establishment of Community Forest in Preserved Forest

Abstract

This research aims to explore the feasibility of establishing community forests within protected areas in Thailand. Currently, the Community Forest Act B.E. 2562 (2019) permits the establishment of community forests only outside protected areas and other state-owned lands not designated as protected areas, such as national parks, wildlife sanctuaries, and non-hunting areas. The study will examine this possibility through the mechanism of recognizing the rights of traditional local communities to oversee, conserve, manage, and establish community forests. This will be explored within the framework of The Constitution of the Kingdom of Thailand, Relevant Thai laws and International instruments that affirm the existence of traditional local communities and their rights to restore, care for, maintain, and utilize natural resources. The objective is to ensure the strict maintenance and utilization of forest resources in a manner that does not adversely affect the way of life of the traditional local communities and that fosters cooperation with the government in forest conservation.