5IF*NQMFNFOUBUJPOPG-FHBM &NQPXFSNFOUGPSUIF1PPS Resolving Local Issues through Participatory Approach By Dr.Thawilwadee Bureekul Team Leader and Researcher Mrs. Srisuwan Payourmyong Researcher Ms. Pattama Subkhampang Researcher Ms. Eugenie Merieau Researcher Undertaken by King Prajadhipok’s Institute For UNDP Regional Center Bangkok November 2010 The Implementation of Legal Empowerment for the Poor : Resolving Local Issues through Participatory Approach Prof.Dr.Vanchai Vatanasapt Copyright © 2010 by King Prajadhipok’s Institute ISBN: 978-974-449-540-2 KPI53-35-500.0 Number of copies: 500 Publisher: King Prajadhipok’s Institute The Government Complex (Building B), 5th floor (Southern Zone) 120 Moo 3 Chaengwattana Rd., Thung Song Hong, Laksi District, Bangkok 10210 Tel: 0-2141-9600 Fax: 0-2143-8181 http://www.kpi.ac.th Printer: S Charoen Printing Pracharat Sai 1 Road. Bangsue. Bangkok 10800 Tel: 0 2913-2080 Fax: 0 2913-2081 All right reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. Foreword The project “Legal Empowerment of the Poor: Resolving local issues through participatory approach,” is part of a broader research work on good administration and human security funded by the UNDP. Its objective was to develop a model of legal empowerment of the poor through participatory approach to be applied to land ownership issues in two test areas in Thailand, namely Silalang in Pua District, Nan Province and Ta-Sala in Ta-Sala District, Nakhon Si Thammarat Province. On the field, our research team used a process called “Deliberative Democracy” which consists in building a constructive dialogue between various stakeholders whose interests are conflicting. The KPI would like to express its sincere thanks to local leaders and all people actively involved in the process, without the help of whom the project couldn’t have been so successful. Our special thanks go to Ramphaen Nopourn, Mayor of Silalang Subdistrict, Rattikarn Chiengnun, Deputy Mayor of Silalang Subdistrict, Samrerng Kaewthep Member of the Council of Political Development, Samrit Netthip Head of Silalang Subdistrict, Phor Serm Takaew, Community leader of Silalang Subdistrict, Aphinan Chaowalit, Chief Executive of Tha-Sala Subdistrict Administrative Organization, Phinyo Nuchuen Deputy Chief Executive of Tha-Sala Subdistrict Administrative Organization, Usa Duangchan, Member of the Council of Political Development, and Songwut Patkaew, Community Leader of Tha-Sala. The KPI hopes that this report will prove useful to Thai people in developing legal empowerment, promoting sustainable use of natural resources and fostering respect for the environment. 5IF*NQMFNFOUBUJPOPG-FHBM&NQPXFSNFOUGPSUIF1PPS Resolving Local Issues through Participatory Approach ,*/(13"+"%)*10,k4*/45*565& Table of Contents Background 1 Objectives 4 Scope Of Work 4 Outputs 4 Timeframe 4 Methodology 5 Detailed Work Plan 6 1. Framework 7 1.1 What is Legal Empowerment of the Poor? 9 1.2 What is Deliberative Democracy? 10 1.3 Legal Empowerment of the Poor through 11 Deliberative Democracy 1.4 What is Community-Based Natural Resource Management? 11 2 Best practices 15 2.1 CBNRM applied to forests 17 2.2 CBNRM applied to coasts 18 3.3 Comparative summary 19 3. Methodology 23 4. Local context: conflicting property rights in Silalang and Thasala 31 4.1 Common problems 34 4.2 Nan Province 36 4.3 Tha Sala Province 37 5. Developed model of legal empowerment of the poor 39 6. Conclusions and Recommendations 45 Appendix 51 1 Community Pact 53 2 The Results of the Survey undertaken on December 30, 2009 59 On the Knowledge Increase on Related Land property Laws References 66 5IF*NQMFNFOUBUJPOPG-FHBM&NQPXFSNFOUGPSUIF1PPS Resolving Local Issues through Participatory Approach #"$,(306/% UNDP Thailand and the Thai Government have initiated an Integrated ONE Annual Work Plan (AWP) Program for 2009 and Policy Support for the Country Program Action Plan with important clusters. Under the Governance and Human Security Cluster, Legal Empowerment will be promoted as an approach to achieve the goal in poverty reduction. The project aims at empowering the poor, including vulnerable groups to participate in the economic share and social benefits through increasing their opportunities in accessing legal means. To allow the implementation in local area, a model for public management in the context of decentralization and local governance is needed. In the context of semi-rural area land and properties are susceptible to local controversy, and generate difficulty in local partnership of between local people, particularly the poor, and other stakeholders. In order to create the viability for further development for the poor in local context, a model for legal empowerment applicable to local governance is needed. The purpose of the project activity is to develop a model to mainstream legal empowerment in the local context through participatory approach in local governance. Then on 23 September 2009, Miss Gewi- Yeop Son, Resident Representative of the United Nation Development Program (UNDP) in Thailand, and Dr. Bowornsak Uwanno, Secretary-General of the King Prajadhipok Institute (KPI), signed a letter of agreement for the latter to undertake a study project on “The Implementation of Legal Empowerment for the Poor. Resolving Local Issues through Participatory Approach (1) under Output 1.2, for the Project titled “Integrated ONE Annual Work Plan - Governance and Human Security”, Project ID 00069448. 5IF*NQMFNFOUBUJPOPG-FHBM&NQPXFSNFOUGPSUIF1PPS 4 Resolving Local Issues through Participatory Approach OBJECTIVES 1. To develop a model for legal empowerment of the poor in the local context through participatory approach; 2. To enhance right-based development in the context of decentralization. SCOPE OF WORK 1. To review and compare experiences of different countries taking ,*/(13"+"%)*10,k4*/45*565& the same initiation in the context of decentralization and local governance; 2. To develop model on empowerment of the poor and local people to increase the rights to property, with particular attention to land issue; 3. To engage in and coordinate with local government units in developing the model; 4. To examine local context for pilot sites; 5. To organize consultative workshops with community and local government units; 6. To draft action plan and procedures for participatory model on the issues of rights and legal empowerment. OUTPUTS 1. AnInception report identifying framework, experiences relating to legal empowerment issues (best practices) and methodologies; 2. Amodel for developing participation in resolving issues related to legal rights and development; 3. Actionplans in the selected sites. TIMEFRAME September – December 2009 5IF*NQMFNFOUBUJPOPG-FHBM&NQPXFSNFOUGPSUIF1PPS Resolving Local Issues through Participatory Approach 5 ,*/(13"+"%)*10,k4*/45*565& METHODOLOGY This project study is undertaken into three stages, which are: STAGE 1: Review and explore comparative experiences of different countries in legal empowerment of the poor in rural areas in the context of decentralization and local governance; STAGE 2: Basedon best practices from other countries together with analyzed data from two national pilot sites, design and develop a model for legal empowerment of the poor in the local context through participatory approach; STAGE 3: Draftplans of action and procedures for participatory model of conflict resolution on property rights issues leading to legal empowerment. Box 1: shows methodology of this study 67$*(, 67$*(,, 67$*(,,, /LWHUDWXUH6XUYH\ 3,/27678',(6 $FWLRQ3ODQV 3URFHGXUHVIRU 7ZRVLWHVVWXG\ YLVLWV &RQWH[W 3DUWLFLSDWRU\ 0RGHO %HVW3UDFWLFHV 0RGHO'HYHORSPHQW 7$2LQ1$1 /DZV 7UDLQLQJ :RUNVKRS 7$2LQ1DNKRQ 6L7KDPPDDUDW 5IF*NQMFNFOUBUJPOPG-FHBM&NQPXFSNFOUGPSUIF1PPS 6 Resolving Local Issues through Participatory Approach DETAILED WORK PLAN 3KDVH $FWLYLWLHV3KDVH $FWLYLWLHV 2FW2FW 1RY1RY 'HF'HF 3KDVH,/LWHUDWXUH6XUYH\ 6WXG\ 'HYHORSFRQFHSWXDOIUDPHZRUN 0HWKRGRORJ\RQ/(3 3DUWLFLSDWRU\ $SSURDFK ([SORUHQDWLRQDO LQWHUQDWLRQDO%HVW3UDFWLFHV RI/(3WKURXJK3DUWLFLSDWRU\DSSURDFK ,*/(13"+"%)*10,k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ì ,QFHSWLRQ5HSRUW ; ì )LQDO5HSRUW ; 5IF*NQMFNFOUBUJPOPG-FHBM&NQPXFSNFOUGPSUIF1PPS Resolving Local Issues through Participatory Approach 'SBNFXPSL 1. Core Concepts The project is aimed at developing a model of community-based natural resource management suitable to Thailand. Community-Based Natural Resource Management (CBNRM) relies on two innovative concepts, namely Legal Empowerment of the Poor (LEP) and Deliberative Democracy (DD). Based on a review of best practices and lessons learnt from several development projects, the first part of this report will