Asia-Pacific Social Science Review 18(2) 2018, pp. 179–195

RESEARCH BRIEF

Policy Networks in Land Problem-Solving in Province,

Anusorn Phattanasarn Mahidol University, Thailand [email protected]

All Thai governments bear the brunt of complaints distributed fairly to the public. However, this is not true regarding land issues. This is an ever-present problem, because there is 130 million rais of land in the country with populations demanding fair, consistent, and with the correct documentation and of that, 100 million compromising solutions. Therefore, to resolve rais belong to only 10% of the people in the country, or differences, the Federation of Farmers, the Assembly just 6.5 million people out of a total population of 65 of the Poor, and the Assembly of Small-scale Farmers million. More than 60 million people have to share the of the Northeast were established. The causes of the remaining land. These figures relate to land tenure in land dispute problems resulted from the declaration of the area with legitimate documents; they do not include various types of protected​​ forest and conservation areas the illegal possession of land without legitimate as national parks, wildlife sanctuaries, national forests, documents by influential capitalists. This concentration watershed areas, public interest areas, and government of land has been caused by the inept policies of land reserve areas which overlapped onto local village management by successive governments, not by the settlements. The people suffering from this issue increase in population or the invasion of the land by are those who were living and working in the areas small-scale farmers as claimed by the ruling politicians before the promulgation of the new laws. In addition, (Pinthong, 1992). However, problems arise from the the affected areas are unclearly delineated, and the public policy on land designated by the government government operates illegal procedures to tackle the which lacks participation from various sectors. In problems by arresting landlords and residents who addition, government mechanisms to deal with these were living in the area long before the announcement problems through a top-down management system of these various types of forest conservation measures. have failed to address the key issues. This has resulted The policies and laws empower only the state to deal in long-lasting and still unresolved conflict. with land disputes, and this is unfair to the people and This article summarizes the historical aspects of has caused serious conflicts (Kraiyulwong et al., 2005). land issues and investigates the formation and public Historically, Thai National governments have always policy-making regarding land by the Chaiyaphum considered the problems arising from the land policy policy network to solving these problems. The to result from the number of affected people growing government forest policy has had a severe physical every year. The limited land areas available cannot be effect on the people in the area, and some local

Copyright © 2018 by De La Salle University 180 A. Phattanasarn residents have been kidnapped and threatened with are not sufficient to adequately explain the diverse legal consequences and violence. Some were detained scenarios because problems related to irrigation, and sentenced by the courts, and these problems still agriculture, and other public policies are multifaceted persist until the present day. and complex, with an increase of actors involved with Interesting points in the study included the the machinations of state/government policies (Heclo, emergence and structure of the Chaiyaphum land policy 1978). Therefore, the concept of policy networks has problem-solving network and the various methods of been intensively studied by scholars, in particular interaction with other groups and organizations outside regarding the politics practiced since the 1970s. The the network to integrate the policy-driven approaches idea of adopting​​ policy networks relates to studying the and address these land problem issues in Chaiyaphum relationships between political actors both inside and Province, Thailand. outside the government who attempt to promote their own interests in policy formulation or the relationships Literature Review, Related Concepts, among these actors (Compston, 2009). Nowadays, an and Theories increasing number of diverse actors in modern societies result in weakening the power of public administration. This study was based on the concept of the coalition Thus, the emergence of policy networks may be of policy networks and policy advocacy as the active, divided, following the suggestion of Rhodes and Marsh covert, or inadvertent support of a particular policy. (1992), into five types lying on a continuum from Marsh and Rhodes (1992) defined the meaning of integrated policy communities through professional policy networks as many groups or organizations networks, intergovernmental networks, and producer linked to conglomerates based on the reliance on each networks to loose issue networks as follows: other’s resources. Prominent groups can inhibit diverse opinions by controlling the structure and nature of 1. Policy communities. These involve the dependence on the existing available resources. Wright integration of members who have a common (1988) stated that policy networks manifest themselves goal to solve the social problems they have as the diversity of companies that are linked to other faced to promote development. The members cartels by exchanging resources and dominating their have a common and united understanding business associates by controlling the structure and of the problems and issues, and they often methodology of the exchange of resources. Smith perform activities in similar directions. (1997) described policy networks as referring to a The relationship between the members of series of relationships that exist and are followed policy communities is strong. They meet to among groups and governments. Policy networks are exchange information regularly. The number utilized when there is an exchange of information of members has not greatly changed, and the between groups of people and the government (or existence of policy communities is highly among different groups in diverse sectors of the stable. Dependence within the network is government), and the exchange of such information high, vertical, and the connection is limited leads to understanding, acceptance, and interest in the within the network; it rarely expands to other benefits of a policy area. However, when considering networks or groups. policy formulation as a map of resource use within the 2. Professional networks. These are networks of state, Heclo (1978) discovered that policy formulation people who have knowledge and professional is a complex objective which is subdivided into many expertise in areas such as the National Health separate areas with a large variety of actors in the Service and Water supply which provide policy processes of each specific arena/policy area. The public health and water services. These groups old methods of policy analysis that followed the iron are comprised of people who have similar triangle of policy decision-making and included the interests in policy issues. A distinctive feature government, government agencies, and interest groups is the specificity of the professionals who Policy Networks in Land Problem-Solving in , Thailand 181

can explain the issues and offer clarity with were in constant flux. Occasional bargaining to join clear solutions. Sometimes this may have a the group resulted in a bigger network; however, splits strong and significant influence on the policy when the issue was terminated based on government decision-making. policies affected accurate network operation. This issue 3. Intergovernmental networks. These comprise will be discussed in more detail at the end of the article. the networks based and operated at all levels of government agencies that coordinate and Methods provide similar services. They are limited and specific, with restricted vertical dependence Qualitative research using descriptive analytical but extensive horizon articulation to provide methods was employed. The study is divided into corporate services. Relationships between two parts: 1) documentary research—gathering and these types of network are at a medium level collecting information related to the concept and as they have to work and share information theories for implementation from books, textbooks, and resources between different corporations. publications, electronic databases, and interviews 4. Producer networks. These are networks with the people familiar with the Chaiyaphum involving business interest groups (both public land policy problem-solving network, and 2) field and private sectors). If the members of this research—studying and collecting data through in- type of network have strong relationships, depth interviews, focus groups, and participatory they can significantly influence policymaking. observations. The study area was selected by the The integration between producer networks purposive sampling method and detailed reputable depends on the benefits and particular service cases from the areas affected by land issues over the interests of each actor. past 10 years, with continued activities in solving 5. Issue networks: These involve networks of land problems and participating in possession of shared interests. Members originate from land in Chaiyaphum. The Community Organizations a variety of diverse backgrounds. Heclo Development Institute (Public Organization) in (1978) noted that there was not a single Chaiyaphum identified two groups of problems in two health policy as “health” which included a areas: Sern Basin Conservation Group (SBCG) in the variety of issues related to problem-solving Khon San and Thung Sum Siew Community approaches such as mechanisms in health Group (TSSCG) in the . care, health insurance, and health nutrition. It The main informants in the study included three is evident that many factors affect the public people from each Conservation Group who were regarding health policies. Those involved selected from the leaders living and experiencing in these issues include academics, doctors, problems in the areas; three people from the Network nurses, and patients who provide and share of Land Problems in Northeast Thailand selected information. The dependence of an issue from experienced workers who had been working network is limited and it lacks stability, with in the area for at least five years; three people a large number of members who interact and from the Community Organizations Development participate. This may lead to the institution Institute (Public Organization), Chaiyaphum; three of policy when issues become public through people from the representatives of Land/Chairman increased attention; information is constantly of the Council, Baan Mankong; a representative of exchanged and integration is profound. the Provincial Community Organization Council, District Representative; a Consultant of Chaiyaphum Results here aptly demonstrated the problems with Community Organization selected from those who the Chaiyaphum land policy solving network as the had knowledge and understanding of land issues in main issue. The dependence of the land policy was Chaiyaphum; three people from the Assembly of The limited, and it lacked stability because the members Poor, Chaiyaphum; a member from the Northeast Land 182 A. Phattanasarn

Reform Network selected from those working on land north of the country. The Royal Forest Department was issues and living in Chaiyaphum Province; and three established under the Ministry of the Interior in 1896 people from government agencies involved in land (Unno, 2004) to conserve the forests and control the management at the provincial, district, and local levels teak industry in the north of Thailand, with authority in Chaiyaphum Province selected from those with covering the whole country. The establishment of the knowledge of land issues in Chaiyaphum Province and Royal Forest Department during the reign of King related issues in the study area. Rama V of the Rattanakosin also led to a land survey to issue new title deeds of land ownership under R.S. Results 120 (B.E. 2445). Maps as evidence were used to issue the title deeds. Land ownership in Thailand was Chaiyaphum Province covers an area of 12,778.3 transformed in 1901 to the Torrens system whereby square kilometers or 7,986,429 rais. It is the third the compilation of land holdings maintained by the largest province in the region and the eighth largest state guarantees an indefeasible title to those included in the country. The topography consists of 50% forest on the official register. The ownership certification and mountains with rocky layers that are unsuitable of the land at that time did not allow the landowners for agricultural purposes. The allocation of land to fully own the land. This marked the beginning of resources resulted in many problems and conflicts inequality of land ownership in Thailand (Thongphrom when the forests were first declared as conservation & Nakaviboonwong, 2014). areas according to the National Forestry Policy B.E. Although the Royal Forest Department was (2528). In addition, holding land without a certificate established in 1896, there was no law authorizing the of ownership continued to pose difficulties when the government to clearly define forest areas. Only legal state declared that the lands owned by residents were control of wood and forest products was stipulated forest conservation areas according to state policy according to the regulations on Forest Preservation on forest restoration and conservation. People were and Forest Management B.E. 2456 (Kraiyulwong et forcibly evicted from the “forest” that the government al., 2005). The main purpose of the establishment of had declared as various types of conservation areas. the Royal Forest Department was to resolve problems The meaning of “forest” included the desolate lands in the teak industry and earn more income for the state that were not owned by individuals. by allowing the centralization of forest control by the Many studies have concluded that the key issue of federal government. In addition, the people could also the law on natural resource management in Thailand take advantages of land, forests, and wilderness areas. stems from the proprietary system which consists The tradition and culture of land use were also effective of the two types of state ownership and private in controlling the society. In other words, “forest,” ownership. Other types of resource management such especially trees, were more valuable and important as the customary rights system are not acceptable. The than “land” in areas under the concession of the private legality of these proprietary systems has caused many sector because after the trees were cut for logging, there problems as the legal ownership system is not fully was no use for the land. The people, therefore, used the accepted and is not the only system that the people land for farming as their daily lifestyles. have used. Local villagers are constantly challenging Under the absolute monarchy until the people’s the law of ownership. Their claims are usually based revolution which heralded constitutional reform in on historical principles whereby the villagers perceive 1932, land ownership remained firmly under the control that they have “righteousness” over the state ownership of government policy. Most of the land was still under system (Rukyuttitham, 2008). Back in the reign of King elite possession, although the government limited the Rama V, a major political change concerning “Land land holdings of the private sector. The public could formation” was adopted based on Western ideology. hold no more than 50 rais each. This was administered The Royal Forest Department was established to to prevent foreigners from holding land. Later, the resolve the problems caused by forest concession in the land ownership regulations were changed according Policy Networks in Land Problem-Solving in Chaiyaphum Province, Thailand 183 to the set conditions and government policies in each by the government to promote exports has now resulted period. The structure of land ownership was last revised in vast areas of the land falling into private possession. during the government of Field Marshal Sarit Thanarat The labors from the agricultural sector were absorbed who abolished land holdings by the Revolution by the manufacturing sector following government Announce No. 19 dated January 13, 1960, to promote policies aimed at the development of the export private sector use of resources to stimulate economic industry. Production growth has fallen in the industrial growth. In addition, the National Economic and Social sector, causing farmers to abandon agriculture and join Development Plan No. 1, B.E. 2504 was launched the industrial labor force. to accelerate economic growth, and this resulted in The development of the National Economic and the expansion of investment in various sectors. New Social Development Plan No. 1 continued until forest areas were also pioneered to make use of the 1980 and two major laws, including the Investment land resources for economic benefits. As a result, Promotion Act, B.E. 2520 and the Industrial Estate some areas were obtained from this land reclamation. Authority of Thailand, B.E. 2522 were beneficial The use of forest and land resources also affected the for foreign countries to invest and occupy land for economic structure and society, while the reduction in industrial activities. This resulted in foreign investment forest areas that were not completely separated from accounting for 50% of the total investment. In 1988, the land was used to benefit the economic development the government of General Chatichai Choonhavan policy. According to historical statistics, the forest area launched a policy to change the battlefield into a in 1961 consisted of 53.33% of the country, and this trading field. Land value was increased up to 10 had decreased to 33.4% by 2008 (Benjachaya, 2012). times (Boonchai, 2014), making the value of land In 1979, one of the main reasons for the reduction in extremely high. When the industrial sector absorbed forest areas was the political coup which accelerated the labor from the agricultural sector and the value of the suppression of communism. In addition, the agricultural land was lower, farmers in the agricultural strategy employed to fight against the communists sector sold their land and became the labor force in the was to pioneer forest areas and build roads to increase industrial sector. Those who did not own land turned security in the forest areas. Village communities were to pioneering the forest to take advantage of the land. established as “buffer zones” between the military Thus, when the forests were pioneered, farming and the and the communists (Pinthong, 1992). Moreover, a residents in the area increased before the declaration of policy was adopted to move people into the forest at least four major laws, including the Forest. Act B.E. areas to increase state security and the need to develop 2484, the Wild Animal Reservation and Protection Act, forest areas to promote the economy, especially in B.E. 2503, the National Park Act, B.E. 2504, and the the northeast of Thailand where the state encouraged National Reserved Forest Act, B.E. 2507. The residents expansion through the planting of economic crops found themselves living in prohibited zones according (Bello, Cunningham, & Por, 1999). Later, when the to these new government declared areas which included political situation had been resolved, the security threat 230,280.65 square kilometers of National Forest ended, but the forests were destroyed. The government Reserve, 157.87 million rais of forest conservation sector was aware of the destruction of the forest areas (2010) split as 45.1 million rais of national parks and attempted to recover and conserve the forests by (123 sites and 25 prepared sites), 27.04 million rais launching laws such as the Forest Act to protect and of wildlife sanctuaries (113 sites and 7 prepared preserve forest areas. However, when the government sites), 0.77 million rais of Forest Parks (112 sites), declared these new laws related to forests and land, 0.05 million rai of Botanical Gardens/Arboretums (72 the people who had previously been encouraged by sites), and 84.91 million rais of watershed areas Class the government to live in the forests were classified 1 and 2 (52.52 million rais in the forest conservation overnight as invaders according to the new regulations. and 32.39 million rais outside the forest conservation. This situation has remained a controversy until the However, the next government decided to promote present day. In addition, the support of industrial capital the policy of conserving the forest land of up to 40% 184 A. Phattanasarn of the country’s land area, which did not take into the first time. It was found that the income of three- account the reality that many forest areas had been quarters of the households in the northeast was below converted into arable land. In addition, the process the poverty line. Very few of the households had a title of defining the forest reserves had an impact on land deed for their land as the government did not extend rights issues (Pongpaijit & Baker, 2003), resulting in the land title system to cover the highlands. Also, in conflicts in land resource use and ownership between 1964, the government determined that 40% of the the government and the local people. country’s land must be designated as forest zone, and it began a mapping exercise to prevent villagers from The Beginning of the Conflicts and Establishment of making a living in the forest areas. In 1974, 5–6 million the Land Policy Network people lived in the so-called forest areas and they were A major turning point in the conflict occurred when branded as invaders. It was impossible for the people the government enacted the National Forest Policy to get any certificate of ownership over their land. By in 1985 as a guideline for management protection 1987, the number of forest invaders had increased through the forest conservation master plan which to 10–12 million people; more than one-third of the aimed to preserve the forests at up to 40% of the country’s population (Pongpaijit & Baker, 2014). The country’s total land area within 10 years (128 million problems of land ownership in the northeast region rais). At that time, there were only 102.1 million are long and varied, and the conflicts became more rais of forest or 33.44% of the land area in Thailand. intense after the government announced the national Therefore, an increase of 26 million rais of forest area forest policy in 1985 that defined the proportion of was needed within 10 years (Boonchai, 2014). More forest areas in two parts as follows: than 20,000 communities totaling between 1 to 1.5 million households or around 10 million people were 1. Forest conservation areas. The goal was living in the forest areas earmarked to accomplish to maintain the forest areas at 15% of the this 26 million rais increase (Benjachaya, 2012). area of the country or 48 million rais as Therefore, the government policy to increase forest mangrove conservation, watershed area Class areas to 40% of the country area caused conflicts with 1, Biosphere Reserves, Botanical Gardens, the 10 million people living and using the disputed and Arboretums. These areas were actively areas. The important legislation which was the cause protected by the government. of these problems was the Wildlife Conservation and 2. Forest economy areas. The government Protection Act, B.E 2481 which specified the forest designated these as plantation areas for as a protected area (forest zone). Previously, only tree economic benefits, comprising 25% of the cutting was restricted; however, the forest zone was country’s land area or 80 million rais. It is set up as “forest protection” and “forest reserve.” If the remaining forest areas from the forest the government desires to protect or reserve an area, conservation areas. the law requires that a survey must be conducted. The law states that “any benefit of any person” living In the northeast of Thailand, the Department of in the area prior to its declaration as a protected and Lands was established in 1967 with the issuance of forest reserve zone can be revoked. The provincial the certificate of land ownership initiated in 1975 committee, district officials, or forest officials had to and land title deeds were issued in some areas in pay financial reparation to the people whose benefits 1977 (Unno, 2004). The rigors of legal rights and were revoked. the access to land rights made it extremely difficult In the case of Northeast Thailand, the pioneers to find ways to solve the problems of land shortages were poor and they were unable to change their status. and access to land by the people. Therefore, these After the announcement of the National Economic conflicts between the government and the people in and Social Development Plan No. 1 in 1962–1963, Thailand regarding the ownership of land and forest the number of low-income families were assessed for areas still persist. The management of this proprietary Policy Networks in Land Problem-Solving in Chaiyaphum Province, Thailand 185 system states that, “When considering the resources used on the plantations which resulted in soil available today, the Department of Lands will take degradation. up to 200 years to manage the entire land ownership 5. Private companies were allowed to lease system in the country” (Leonard & Narongkul Na land and operate businesses that increased Ayudhya, cited in Unno, 2004, p. 106). An attempt was both noise and air pollution, and these made by the new public actors to integrate the groups, resulted in adverse ecological changes in the organizations, and land problem networks across the community through mineral concessions, country before the Thai Land Reform Network was milling industries, and the salt boiler business. established. The process of community title deeds 6. State enterprises were encouraged to rent land was recommended and advanced as a policy measure for use; however, some land overlapped on the during the government of Abhisit Vejjajiva, and this existing areas that had been settled on by the was considered as an alternative to the land ownership local people. This led to disputes regarding the system. overlapping areas between the government and With regard to the forest problems in Northeast the local inhabitants. Thailand, the study and survey of the continuing 7. Military organizations took advantages of conflicts between the government and the people the lands which were restricted and reserved concerning the arable lands in the forest areas can best as military training grounds which also be summarized as follows: overlapped on land settled by the local people. 8. Public land areas were utilized by announcing 1. The declaration of forest areas resulted them as animal raising sites or establishment in zones which overlapped the lands and government centers which overlapped on residences of the people previously living in the living areas of the community. Also, the the area. private sector was granted access to areas that 2. The issuance of illegal certificates of ownership the local people regarded as public areas. was a conspiracy between the government 9. Certificates of ownership were issued by the and private capitalists to obtain certificates government for public land areas which were of ownership of the public areas of the then traded by organizations and were no community as well as the issuance of different longer public areas of the country. types of certificate of ownership relating to the 10. There were conflicts regarding land same land area or for land which overlapped management between the government and with the complainants. the people. The government maintained a 3. The people did not receive certificates of monopoly on land management, so access ownership as the land areas were not included to or the management of land by the public in the land survey which was the basis as an alternative form of cherishing and for issuing title deeds for both arable and safeguarding the land resources become residential areas. impossible. As a result, many of these conflicts 4. The private sector was allowed to exploit regarding land problems still persist to the national forest reserve areas according to present day. the national forest policy, whereby 25% of the total forest area was set aside as a forest The historical context of the government forest economy area. In particular, the private sector and land reform policy of Thailand was based on rented some forest areas to plant eucalyptus Western ideology whereby the land title was deeded according to Article 16 and Section 20 of the by the establishment of the Royal Forest Department National Reserved Forest Act. Some areas of to control and manage forest and land resources of the eucalyptus plantation overlapped with the the country. The issuance of policies related to forests land used by villagers. Chemicals were also and lands in each historical period have affected land 186 A. Phattanasarn ownership and usage to the present day, and they are the According to Figure 1, development of the root causes of the problems which cannot be separated Chaiyaphum policy network for solving land problems from this historical context since land is regarded as a was established to assess the diverse problems of the useful economic, political, social, and cultural resource. areas affected by the declaration of various types of To understand and fully comprehend the origins and forest conservation based on the National Forestry sources of the problems affecting this research,value a broad Policy in 1985 that precipitated the evacuation of the perspective6. Demand is required for beforeland summarizingLand reformthe results. in whichpeople people from the- Establishing forest areas. Asthe aChaiyaphum result, the villagers The developments of the forest and land policy in each dwelling in both areas were affected by the policy as historicalreform period by of the Thailand are summarizedparticipated in Table in 1 the follows:planning land policy problem-solving which presentscommunity a simple proposed visualization and of theland problems use network faced in the research area from a wide perspective. 1. In five sub- of , Thisby study the people aimed to assess the efficiency of Chaiyaphum Province many villagers suffered the ChaiyaphumThis policy study networkaimed to in assess solving the landefficiency of theChaiyaphumfrom the declaration policy ofnetwork these conservationin solving problems by focusing on two communities: SBCG areas. They protested and demanded their rights and theland TSSCG. problems Both bygroups focusing were oncoordinated two communities: as SBCGby filingand the a letter TSSCG. to the Bothgovernment groups agency were in the Chaiyaphum policy network for solving land the area to slow down their evacuation from problemscoordinated in 2005 to as present the Chaiyaphum and promote policy a policy network of for solvingthe landforest problems conservation in 2005 area. to However, present and their resolving land issues in the area through a thorough grievances were not addressed and resolved comprehensionpromote ofa policy the interaction of resolving between land externalissues in the area throughfairly. Therefore,a thorough the comprehension people in the fiveof the sub- partners in the network to respond to land issues. districts bonded together as one at a larger interaction between external partners in the networkto respond to land issues.

Figure 1. The characteristics and development of the Chaiyaphum policy network for solving land problems can be summarized as follows. Figure 1. The characteristics and development of the Chaiyaphum policy network for solving

land problems can be summarized as follows. Policy Networks in Land Problem-Solving in Chaiyaphum Province, Thailand 187

Table 1 Developments of the Forest and Land Policy in Each Historical Period of Thailand.

The policy in each period Content and approaches Effects/problems

1. Forest and land policy during – Implementing a Western-style land – This did not greatly affect the the reign of King Rama V management people who were still allowed to – Establishment of the Royal Forest use the land freely. Title deeds were Department in 1896 also concentrated in the central area – Issuing land title deeds from 1901 due to the limitations of technology and officers.

2. Forest and land policy after – The need to distribute land holdings – This affected the interests of many the Siamese revolution in to the people in the country was land-holding elites which led to 1932 to 1961 recognized negotiation and compromise. – The Forest Act B.E. 2484 – This did not affect people in other – Limited land holdings for both parts of the country, despite the private and public sectors of not issuance of the Forestry Act, B.E. more than 50 rais 2484.

3. Forest and land policy after – Abolition of limited land holdings – Forest areas were reduced the National Economic of 50 rais – Villagers lived in the forest areas Development Plan, B.E. – Stimulating the economy by according to government policy 2504 expanding the area of cultivation – Land reclamation and area and accelerating the growth of relocation occurred after the soil infrastructure through the extensive degradation use of forest resources – Industrial expansion resulted in the – Promoting the export industry growth of cities while rural areas – Road construction, pioneering the lagged behind forest and encouraging villagers to set up communities in the forest zone as buffer zones between the military and the communists

4. National Forest Policy, – National Forest Policy – Declaration of various types B.E. 2528 Announcement, B.E. 2528 that 40% of forest reserve areas which of the country was needed as forest overlapped residential areas of the area local people – Forest areas were divided into two – Evacuation of people from parts: 15% was forest conservation the forests and legal action area and 25% was forest economic administered to push people out area of the areas according to the declaration of forest reserve areas

5. Policy of converting assets to – Accelerating the issuance of – Trading of land ownership capital individual proprietary rights – Those with buying power could documents for conversion into own a lot of land investment value

6. Demand for land reform by Land reform in which people – Establishing the Chaiyaphum land the community proposed by participated in the planning and policy problem-solving network the people land use 188 A. Phattanasarn

level and they joined the Assembly of the SBCG to find solutions and resolve the land Poor to protest their unlawful evacuation. The problems in Chaiyaphum Province. This Assembly of the Poor is a non-governmental led to the establishment of the Chaiyaphum organization (NGO) based in Thailand policy network for solving land problems; which aims to help the people affected by and the members joined the Land Reform development projects and industrial growth by Network and the Thai Land Reform Network becoming involved in the process so that they in 2008 and 2009, respectively. This resulted can benefit from the projects and determine in a common policy for addressing land issues a solution to the dispute by accelerating the in the form of community title deed in 2010. issuance of certificates of ownership on the land. Later, when the Assembly of the Poor had This study determined that the Chaiyaphum policy failed to resolve the problem, the people turned network for solving land problems expanded its to a self-development group who worked as mission in 2008 to become a subgroup within the Isan practitioners to solve the land problems and Land Reform Network working out of the Land Reform separated themselves from the Assembly of the Office, Khon San District, Chaiyaphum Province. Poor. The self-development group moved into Some public leaders from the Isan Land Reform the area of Khon San District, Chaiyaphum Network were also linked to the Thai Land Reform Province and coordinated with the people in Network in driving the activities and promoting and the five sub-districts to establish the SBCG in proposing policies for solving the problem of land in 2003. 2010. This is summarized in Figure 2. 2. The people of Thung Sum Siew community Figure 2 demonstrates how the Chaiyaphum policy were also affected by the inaccuracy of the network for solving land problems interacts with demarcation of Thung Sum Siew public non-network partners at three levels: the area level or places for animal husbandry which had provincial level, the region level which is Northeast overlapped on 830 rais of arable areas since Thailand, and the national level as a partner with 1932. The villagers submitted an objection the Thai Land Reform Network and the P-Move in letter and requested for a new survey in 1932 proposing solutions to the problems to the government. but the problem was never addressed, and The results of the study on the Chaiyaphum policy simply passed on through many successive network for solving land problems in Northeast governments. A number of appointments Thailand can be concluded by addressing five main were made with the committee responsible points as follows. for administering the new survey. Finally, an announcement by the National Forest 1. Development of the Chaiyaphum policy Policy in 1985 declared the disputed zone as network for solving land problems resulted a public area where no one was allowed to from the determination of state policies do anything. Fifty households were affected related to forest and land which affected the by this announcement. They started to fight dwelling areas of the people. The enaction of by joining the public movement called the the law relating to forests and land adversely Assembly of Small-scale Farmers of the impacted the people living in areas declared Northeast in 1999 to push the government as forest conservation zones and various forms to end the evacuation of the villagers and of public places, causing the people to suffer expedite the issuance of land title documents to from being forcibly evacuated and removed members of the Thung Sum Siew community. from the disputed area. The determination of Later, the people separated from the Assembly the enactment of the policies related to forest of Small-scale Farmers of the Northeast for and land lacked adequate forethought by the a short time before joining together with the government and neglected proper attention

Policy Networks in Land Problem-Solving in Chaiyaphum Province, Thailand 189

Figure 2. Chaiyaphum policy network for solving land problems. Figure 2. Chaiyaphum policy network for solving land problems. to resolving the problems that ensued. The villagers in six sub-districts of two districts dispute became complicated and exacerbated comprising five sub-districts in Khon San with the eviction of villagers from the declared District and one sub-district in Kaset Sombun areas and neglectFigure of2demonstrates issuance of title deedshow theChaiyaphumDistrict, policy Chaiyaphum network Province. for Initiationsolving land for the arable land to the villagers prior to of the evacuation of the people from these theproblemsinteracts publication and enactment with non-network of the policies partners at thrnewlyeelevels: declared the area protected level orforest provincial areas began level, the relating to forests and lands, the many changes after the enactment of the National Forest of regiongovernment level and which government isNortheastThailand,and policy over the nationalPolicy in level 1985. as People a partner who werewith affected the Thai by Land time, and the transfer of responsibility of this this evacuation policy started the movement Reform Network and the P-Move in proposing solutions to the problems to the government. issue to the local government. All these issues to request the government and government resulted in the integration of two problem agencies to solve the problems caused by The results of the study on the Chaiyaphum policy network for solving land problems in groups (SBCG and TSSCG ) which linked the policy. In addition, the two groups also together to form the Chaiyaphum policy joined people movements at the national Northeast Thailand can be concluded by addressingfive main points as follows. network for solving land problems in 2005, level such as the Assembly of the Poor and and joined with external partners comprising the Assembly of Small-scale Farmers of the 1.Development of the Chaiyaphum policy network for solving land problemsresulted of the Isan Land Reform Network and the Northeast. However, these people movements Thai Land Reform Network in incorporating failed to resolve the land problems. Therefore, from the determination of state policies related to forest and land which affected the dwelling to push the community title deed policy at the the people organized movements for those nationalareas level.of the people. The enactionof the law relatingsuffering to forests from and the land land adversely problems impacted which the 2. The Chaiyaphum policy network for solving involved people in five sub-districts of Khon landpeople problems living was in originated areas declared and developed as forest conservationSan District,zonesand Chaiyaphum various forms Province of public as the places, as a result of the removal of the rights of the SBCG and those in one sub-district of Kaset localcausing people the to usepeople arable to land, suffer following from being the forcibly evacuatedSombun District, and removed Chaiyaphum from Province the disputed as the area. government policy that declared three types TSSCG. Later, the two groups joined forces of Thedeterminationforest areas as national of the forest enactment reserves, of the policietos formrelated the to Chaiyaphum forest and policyland lackednetwork adequate to wildlife sanctuaries, and public areas. These solve the land problems at the provincial areas overlapped with the arable lands of the level through the Chaiyaphum Community 190 A. Phattanasarn

Council to address the important land issues network partners involved with the people and respond to the need of the Chaiyaphum movements at the national level to solve the policy network to solve the land problems land problems has influenced the connection arising since 2005 to the present day. between the group leaders and the external 3. The structure of the Chaiyaphum policy partners. The Chaiyaphum policy network for network for solving land problems is in solving land problems subsequently joined the form of a committee consisting of a with the Isan Land Reform Network and the chairperson, vice chairperson, secretary, and Thai Land Reform Network. The operators assistant secretary, finance and accounting of the Isan Land Reform Network and the member, and two to five committee members Thai Land Reform Network who formerly from seven areas having land title issue joined with the Assembly of the Poor and problems. The consultants and the network the Assembly of Small-scale Farmers of secretary are responsible for dealing with the Northeast have constantly pressured the incoming information and mobilizing government to enact the community title resources. They coordinate with each other deed policy as the solution to the dispute and to write project requests for budgets from the use of land as collective ownership. All outside sources to support network activities these networks evolved to attempt to resolve and liaise with external network partners as the different approaches and practices used well as determining network movement. In in diverse areas of the assembly. The overall addition, network rules and regulations are aim was to integrate and cooperate with the used as a basis for the operation of subgroups external networks comprising the Isan Land of the network, such as land use sharing rules Reform Network and the Thai Land Reform within the neighborhood using community Network to push the concept of collective title deeds, prohibition restrictions, and rules ownership in the form of community title of access to common areas, as well as dealing deeds. The incorporation of government with disputes and the rights to use the land policy to ratify community title deeds for the areas. Each subgroup within the network uses people living in the area is the core concept the structure of the committee to operate in the of the Chaiyaphum policy network to solve area. The structure of each group is similar to these long-standing land issues. that of the Chaiyaphum policy network for 5. The proposed changes in the policy can be solving land problems. summarized at two levels. 4. The Chaiyaphum policy network interacts 5.1 Change at the area level: The with the external network partners to solve implementation of the community land problems following the procedures title deed concept was applied to and relationships existing before the and converted into community land establishment of the Chaiyaphum policy management as an action plan in both network in 2005. SBCG had a relationship areas of SBCG and TSSCG. The rules of with the Assembly of the Poor which is a land use in common areas were proposed large people movement at the national level. to be in the form of common community TSSCG was involved with the Assembly of property for the use of land resources. Small-scale Farmers of the Northeast which is The committee group of the community also a people movement at the national level considered the use of common land. consisting of members who have experience There was a greater understanding of of the land problems from every province in community land management in the form the northeast. The relationship between the of community title deeds as a change in Chaiyaphum policy network and external policy in the area. Policy Networks in Land Problem-Solving in Chaiyaphum Province, Thailand 191

5.2 Change at the national level: Scant issue network in terms of the network concept policy change was effected after by Heclo (1978). Heclo identified the nature of pushing for this change of land issue networks as not only a single policy but also ownership as community title deeds. including a variety of issues related to problem- The Chaiyaphum policy network solving, and, therefore, best considered as issue for solving land problems joined networks which can be affected by any policy. with external partners including The concept of issue networks as discussed by the Isan Land Reform Network. Heclo is consistent with the description proposed Together. These groups pressured by Marsh and Rhodes (1992) suggesting that the government for change, leading they are unstable and consist of many members to the filing of an application for with limited dependence. Moreover, the issue registration of community title deeds networks only solve occasional problems, and for the TSSCG and the Kok Yao they have no bargaining power compared to other Community as one of the members of types of network policies such as community policies which are more stable with restricted the SBCG. Two out of 35 land areas membership. The power to dominate government in the national park have been waiting policymaking has vertical dependence, limited to be considered for registration of horizontal connectivity, and long-standing status. community title deeds since 2010 Therefore, the structure of the Chaiyaphum when the government of Prime policy network for solving land problems can Minister Abhisit Vejjajiva issued the be classified as the issue network described by regulation of the Office of the Prime Marsh and Rhodes (1992) and Heclo (1978). In Minister regarding community title addition, the Chaiyaphum policy network for deeds. solving land problems is a policy network that contrasts with community policy which has the Discussion power to negotiate and dominate government policy. Also, a small number of the members have 1. The Chaiyaphum policy network was established multiple resources. Thus, community policy has to resolve the long-standing land problem issues long-lasting and effective power to dominate and generated by the government policy on forest negotiate with the government. and land that affected the local people and led to 3. The advocacy of the Chaiyaphum policy network common problems on different levels regarding for solving land problems is considered both at the diverse situations of land problems in Chaiyaphum area level and at the provincial level. A request Province. Those people experiencing land was made to suspend prosecution proceedings, problems suffered alone until the Chaiyaphum and the letter was submitted to the relevant policy network for solving land problems came to government agencies and external organizations their aid. The two groups experienced land conflicts to recognize the problems and help to suspend due to government policies and legislation. There or terminate the removal of the housing of the were also other, more relevant and diverse actors villagers in the area. At the national level, the including the government, the villagers, state villagers joined the advocacy for community enterprises, local government agencies, sub- title deed policy as a result of lessons learned district Administrative Organizations, the Royal in the past by the Chaiyaphum policy network Forestry Department, soldiers, academics, NGOs, for solving land problems with external network the local press, and the Center to Study and partners. Therefore, the policy advocacy coalition Develop Law for Human Rights. was the result of having a broker. Sabatier (1988) 2. The structure of the Chaiyaphum policy network described the condition of policy advocacy for solving land problems is classified as an 192 A. Phattanasarn

coalition as a broker that connects the network to the Wildlife Protection Act. Therefore, it is not the learning and work experience. These results possible to administer community title deeds in the from a profound comprehension of the outer layer area. In addition, the Thung Sum Siew Community as the strategies used to solve the problems in the is an area under the care and utilization of the land reform areas and land management by the Saponthong Administrative Organization, community. SBCG and TSSCG proposed effective and this area has been transferred with the land management in their own areas and they later missions from the government agency under the adopted the inner policy following the principles Determining Plans and Process of Decentralization of community title deeds. Philosophy and strategy to the Local Government Organization Act, B. E. or deep-core policy as community title deeds were 2542. As a result, the application for registration absorbed at this level of learning. for community title deeds by Thung Sum Siew 4. Policy change resulted from the push for Community was contrary to the operation of community title deeds by the Chaiyaphum policy the Tambon Administrative Organization and network for solving land problems and joined as remains as a prosecution court case until today. a policy advocacy coalition with external partners In addition, successive changes of government including the Isan Land Reform Network and the have also hampered policy changes. Whenever Thai Land Reform Network. This was a political there is a new government, the local people issue and a push by the “group” who suffered have to start applying pressure for change all from land problems throughout the country as a over again. The Chaiyaphum policy network for result of public policy during periods of unstable solving land problems has joined the rally calling government. Thus, the proposal for the government for meaningful solutions. This is consistent with to ratify community title deeds by the Chaiyaphum the explanation offered by Limmanee (2015) policy network to solve land problems was who suggested that in the case of issue networks, superior because it integrated with partners at the the individuals involved in the policy are always national level as the Thai Land Reform Network. changing. Therefore, the policy network operation The political crisis made the populist Democrat lacks continuity. This can be seen from the case Party, which was the government at that time, of arable land requests which are often chased more effective in responding to the community by the people; however, the government merely title deed policy. With pressure from only a few appoints a special committee to consider each case. hundreds of people, the government accepted the Similarly, the Chaiyaphum policy network for community title deed policy as a regulation of the solving land problems also face the same problems. Office of the Prime Minister on the provision of Despite the fact that the policy is promoted at community title deed allocation in 2010. both provincial and national levels, government However, although the regulation of the Office agencies establish committees to consider each of the Prime Minister has existed on the granting of case one at a time. This is done according to the community title deeds from 2010 until now, only authority of the government agencies as ordered three out of 430 communities have been issued by the higher authorities. At the national level, with these documents. This delay has been caused when the government changes, the policy also by legal red tape. Thai law is complex and different changes and the proposals of the network are not government departments share overlapping taken seriously for implementation. responsibility. The regulation of the Office of the 5. The direction of the Chaiyaphum policy Prime Minister concerning community title deeds network for solving land problems by utilizing has a lower legal order than Acts such as the Forest policy advocacy coalition with external Conservation Act. Even though community title partners is concisely explained by Smith (1993) deeds have been approved for operation in the area, and 1997) who described deep-core policies as this is contrary to the Forest Conservation Act and policy-intensive networks of interconnected Policy Networks in Land Problem-Solving in Chaiyaphum Province, Thailand 193

communities. However, the policy community groups were not members of the cigarette may also break down into other types of manufacturer network and had no interest in networks. As factors change or more actors producing cigarettes. They presented their and problems arise, these networks further opinions toward public issue which can be split into sub-categories so that the actors classified as a health issue network. These involved in the policy become more diverse, groups recognized the danger of smoking which further complicates the negotiations. cigarettes and the monopoly of production For example, according to the diversity as well as public ignorance regarding the and awareness of the current problems, the health issues. They communicated publicly to social structural framework dissipates and increase the population’s understanding of the the problems within the society become danger of cigarette smoking and change the disseminated. The iron triangles as described behavior of consumers using credible scientific by Heclo (1978) metamorphose within the reasons. Their campaign was successful and issue networks as a result of the regular changes increased public awareness to the dangers of in social issues. This explains why, in one era, smoking. This allegory is similar to the aims Thailand’s forest and land policy was set by of the Chaiyaphum policy network for solving policymakers with the beneficiaries limited to land problems by stimulating and presenting community-based partnerships. When these land issues to society and joining with other ideas are challenged and a wide variety of new networks outside the group, namely the Isan issues and areas exists, as well as a growing Land Reform Network and the Thai Land number of actors in the arena, the problems in Reform Network to push the deep core belief different areas become more diverse. Similarly, policy of community title deeds as the solution government policy regarding forest and land to the problem of land concentration in the has also changed over time. When forest and country, and to prevent invasions of land by land problems are continually presented and capital groups with purchasing power, as well promoted such that the society recognizes as preventing the change of land ownership. and understands the real situation, then these Campaigning in the society also increases issues can be grouped together as community public awareness and understanding of the policy and highlighted as unjust when the problems. Although these efforts have not society begins to recognize and become aware yet been able to push the government to set of the problems through regular updates. a policy that responds to the demands of the This affects the change in social thought. For people, they are a force for social stimulation example, Read (1992) described the changing on land issues. Activity movements and relationship between the cigarette industry and regular mobilization may cause a change in the state who had shared enormous benefits community policy regarding forest and land over 250 years. Cigarette production for the ownership issues if the society is aware of people in the UK involved only a handful of the problems. Smith (1997) stated that some companies as partners with the state, and they issues are at the margins, but if they generate monopolized the interests as iron triangles increased concern and deep involvement, they through the government, the big tobacco can change community policy. However, these companies, and government officials. Later, factors depend on the change in the situation groups of people such as the British Medical and the environment. Organizing campaigns Association and anti-smoking citizens tried to raise public awareness can also change to encourage the public to become aware of government policy in the future. In addition, the dangers of smoking as the main cause igniting a continuous and widespread interest of cancer and heart disease. Both these can generate reform. 194 A. Phattanasarn

Conclusion References

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