The Rights of Management and Use of Natural Resources of Ban Huai E Kang Community, Moo 1, Mae Win Subdistrict, Mae Wang District, Chiang Mai

Abstract

The Karen hill tribe (Pgakenyor) is the ethnic minority group, having lived in Ban Huai E Kang Community located at Moo 1, Mae Win Sub-district, Mae Wang District, Chiang Mai before the declaration of Mae Khan and Mae Wang National Forests. Heretofore, the Pgakenyor, who lived in Huai E Kang Village had not been proven their Thai nationality and they were not able to understand Thai language. Thus, they were not reachable to the rights of notification of possession of land under the Land Code, causing their settlements to become illegal, they were called “encroachers”. As a result of concession rights of mining and forestry provided by the government, the drought has been exposed and natural resources have been rapidly decreased. The Pgakenyor in Huai E Kang Village, therefore, have restored traditions and customs to conserve and maintain the balanceness and sustainability of natural resources. In B.E. 2535 (1992), Royal Forest Department conducted a survey for demarcating the National Park in the area of Mae Win Sub-district, causing the Pgakenyor in Huai E Kang Village having strived with evidences to prove their rights to land and land management, maintenance and sustainable and balanced use of natural resources, consistent with traditional manners. In B.E. 2552 (2009), some sub-district located in the area of the plain in Huai E Kang were issued land title deeds.
The Pgakenyor in Ban Huai E Kang Community is an example that present the struggle process and the demonstration of their rights of land management and the sustainable and balanced use of natural resources under Constitution of the Kingdom of Thailand B.E. 2560 (2017).