Safeguard C

 Respect for the knowledge and rights of indigenous peoples and members of local communities.

REDD+ and other forest-based climate mitigation mechanisms or programs must consider and respect the rights of local communities and ethnic groups (as defined in the laws or adopted international definitions under the stakeholders’ consensus as to which groups of people referred to) especially traditional/customary rights. These also include recognition of traditional knowledge and cultures of which have a long-standing practices and visions to carry on cultural identities and good traditions to support sustainable land use, livelihoods and management of forests and ecosystems. REDD+ and other forest-based climate mitigation mechanisms or programs must avoid violation of such rights, as well as to promote and support the process of documenting and transferring of good traditions for mutual sustainability.tomutual sustainability

Principle

 Implementation of REDD+ and other forest-based climate mitigation programs in Thailand are respecting the knowledge and rights of local communities and ethnic groups.

Related definitions:

“Indigenous peoples” in the United Nations Declaration on the Rights of Indigenous Peoples are defined as “communities, peoples and nations of historical origin which consider themselves to be different from other sectors of society, while living in those territories they are not the dominant group in the society. And is committed to conservation, development, and passing on the boundaries of one's ancestors and their ethnic identity to the next generations, as the foundation of the persistence of the people due to cultural stereotypes, social institutions and their own jurisprudence system.”

“Ethnic group” is a group of people with a common historical identity. Enable group members to have the same culture, traditions, norms, languages and beliefs. These identities are passed down from generations to generations. Third parties may become members of the group by marriage or other means as determined by the society. (Dictionary of sociological terms, Royal Institute Edition, 2014)

- The Constitution of Thailand protects individual rights and liberties (Chapter 3), as well as directs the State’s duties to:

# provide justice process that are fair and non-discrimination (Section 68); 

# to conserve and promote local wisdom, culture, tradition and custom at local and national levels (Section 57 (1)); 

# to conserve, restore, manage natural resources, environment and biodiversity in which local people should be allowed to participate and obtain the benefit (Section 57 (2)) ; 

# to conduct assessment and public hearing on any actions and projects that may cause impact to the environment and peoples’ health (Section 58) ; 

# to promote and provide protection for different ethnic groups to have the right to live in the society according to their traditional culture, custom, and ways of life on a voluntary basis, peacefully and without interference (Section 70), 

# to provide basic needs for living, land use planning, measures and mechanisms, economic opportunities for people of all genders, ages, and conditions of the people to ensure fairness (Section 71-75). 

- On Section 43 of the Constitution states that a person and community shall have the right to (1) conserve, revive or promote wisdom, arts, culture, tradition and good customs at both local and national levels; (2) manage, maintain and utilize natural resources, environment and biodiversity in a balanced and sustainable manner; (3) sign a joint petition to propose recommendations to a State agency to carry out any act which will be beneficial to the people or to the community, or refrain from any act which will affect the peaceful living of the people or community, (4) establish a community welfare system.

- The 20 years National Strategy B.E. 2561-2580 (2018-2037) defines several strategic options to ensure the rights and knowledge of ethnic minority and local community in Thailand are recognized and respected. Under National Strategy on Social Cohesion and Equity has strategic guidelines to mitigate inequality and creating multidimensional justice through measures include improve economic structure, distribution of land ownership and resource access on an equitable basis, developing equitable and inclusive access to due process of law; and to promote social empowerment by promote consolidation and participation of all sectors, promote gender equality and women’s roles in social development, promote development based on social and cultural capital without discrimination through increasing awareness of human rights, creating equality in the rights and dignity of ethnic groups, giving importance of knowledge and wisdom of the ethnic groups, creating pride in local people of their roots, creatively create understanding and common grounds among all differences.  

- The 13th National Economic and Social Development Plan B.E.2566-2570 (2023-2027) recognizes local wisdom as a basis contributing to achieve several milestones in the plan e.g. milestones related to human resource development, health, sustainable city. In particular, under milestone 10th Thailand drives with circular economy and low carbon society emphasizes strategy on promotion of local wisdom as a basis to scale up and contribute to circular economy development, and support the development of best practices on circular economy which comply with local livelihoods and wisdom. Under milestone 11th, Thailand’s ability to reduce risks and impacts from natural disaster and climate change consists of strategy on applying technology and local wisdom in the management of natural disaster and climate change, and support nature-based solution to tackle impacts from disaster and climate change.    

- Policy recommendations concerning protecting local community’s and ethnic people’s rights are further reflected in the 4th National Human Rights Plan B.E.2562-2566 (2019-2023). It states government should improve laws and regulations to comply with local livelihoods through intensive consultation process involving experts and scholars from diverse disciplines and the representatives of the local people. In addition, there should be measures in line with human rights principles that help mitigate negative impacts on people who have been living in the area for a long time before the promulgation of the laws; develop measures, mechanisms or processes for negotiations between the government and the people; and establish a fund to compensate occupational rehabilitation for those who have been affected by the implementation of the government policies.  

- Subsequence laws and regulations concerning the rights of ethnic groups, in 2010 the government endorsed 2 cabinet resolutions namely the Cabinet Resolution on restoration of Karen people’s way of life endorsed on August 3th, 2010; and a Cabinet Resolution on restoration of Chao Lay (Sea Gypsy) people’s way of life on June 2nd, 2010, aimed to protect and promote the way of life of these ethnic groups and allow to declare an area for ethnic cultural protection. Furthermore, a coalition of civil society groups, local community, ethnic/indigenous groups, politicians and academia in Thailand have been working together to propose 3 draft laws include 1) an Act for Protection of Rights and Promotion of Way of Life of the Ethnic Groups, 2) Thailand Indigenous Peoples Council Act, and 3) Elimination of Discrimination Against Persons Act. These draft laws are under public hearing and consideration process of the Thai parliament. 

- Amended and new forestry laws indicate better recognition on the rights of local community and ethnic groups to access and use of lands residing inside the protected areas and forest reserve areas for housing, agricultural cultivation, as well as collecting some forest products; through putting several provisions for the forest officials to establish participatory process to prove and grant the use rights, and determine rules and regulations to ensure sustainability of use. These laws include National Park Act B.E.2562 (2019), Wildlife Preservation and Protection Act B.E.2562 (2019), National Land Policy Committee Act B.E.2562 (2019). In addition, the Community Forest Act B.E.2562 (2019) ensures community rights to sustainable management of natural resources can be supported in practice, through the establishment and management of community forest area which will be facilitated by the regional and provincial forest officers. However, by current law community forest can only be established in the national forest reserve areas or other forest areas under supervision of other government agencies, but cannot be in the protected areas.

- The Office of Human Rights Commission is responsible for conducting annual assessment of human rights situation in Thailand which include community rights in land, natural resource and environmental management, and rights of ethnic minority people. The assessment reports can be accessed from the link: https://www.nhrc.or.th/NHRCT-Work/Situation.aspx

- Princess Maha Chakri Sirindhorn Anthropology Centre (Public Organization) was established since 1989 and become a public organization in 2000. The center is a knowledge center for anthropology, archeology, history, art history, culture, and local knowledge of Thailand and Southeast Asia. The center serves to collect records of knowledge in various forms as well as supports the creation of new knowledge and disseminate research findings to the general public. One of the key roles of the center information of 57 ethnic groups and 1,377 ethnic research (link of ethnic groups;https://www.sac.or.th/databases/ethnic-groups/ethnicGroupsand a link of ethnic research;https://www.sac.or.th/databases/ethnic-groups/ethnicGroups https://www.sac.or.th/databases/ethnicredb/research_list.php ).

- Further information on how safeguard C is respected will be complied and monitored using the following indicators.

3.1.3 Number and proportion of projects/programs that have conducted and FPIC or similar processes, and number where consent has been granted.

3.1.4 The number of grievances related to the infringement of rights received and resolved in a timely manner, or in the case of conflict arising from unclear rights in the areas where projects/programs are operated.

3.2.3 Summary of models/best practices on land use and forest management based on local knowledge or culture (e.g., the southern home garden system (Suan Som Rom), sacred forest of the northeastern region (Pa Don Pu Ta), worshipping of water catchment spirits of the northern people (Leang Pi Khun Nam), etc.), that are documented and applied in the projects/programs implementation.

3.2.4 Level of satisfaction of local communities and ethnic groups on project/program implementation towards supporting ethnic identify, cultures and local knowledge for sustainable land use and forest management.