National Forest Policy Review-Thailand
National Forest Policy Review-Thailand
National Forest Policy Review-Thailand
THAILAND
by
Anan Nalampoon
Introduction
Thailand covers a land area of 513 115 km2. It shares borders in the northwest and west with
Myanmar, in the northeast and east with Lao PDR, in the southeast with Cambodia and in the
south with Malaysia. Thailand’s economy is predominantly agricultural and 70 percent of the
population earn their living in agricultural or related enterprises. Bangkok is the capital city where
all the central governmental and administrative headquarters are located. It is also the principal
business and education centre of Thailand. The average population density of Thailand is about
125 persons/km2 and about 21.8 percent (1999) of the population is urban-based.
Forest area
Forests and forestlands are state property and under the responsibility and management of the
Royal Forest Department (RFD). The Forest Act (1941), Section 4, defines “forest” as land that
has not been taken up or acquired by any other means according to land law. Rapid population
growth and economic development have put substantial pressure on Thailand’s forest resources.
More than half of the 1960 forest areas have been converted to other uses within only 40 years
(Table 1). Forest area depletion gradually decreased when the RFD launched more surveillance
and forest protection measures. But forest clearing and encroaching still persist and illegal timber
cutting occurs regularly. According to the latest information, 25.28 percent of the total land area is
covered by forests, which corresponds to about 0.2 ha per capita.
1
Forest Resources Assessment Division, RFD.
2
Department of Local Administration.
295
Changes in forest management
Timber used to be an important export commodity and has played a significant role in Thailand’s
economic development. Foreign timber companies have harvested teak from natural stands in the
north since the end of the nineteenth century. In 1968, the RFD started to place all forestlands
under management plans and prepared timber-harvesting schemes. This was necessary as the poor
condition of many logged-over forests indicated overexploitation; forest stands had deteriorated
faster and yields from the second cut were quite low. Forest management plans have been
reviewed and improved several times to suit environmental conditions and economic situations.
To protect the forest from overexploitation, in 1979 half of the forests that previously had been
made available for exploitation were closed to timber harvesting and it was hoped that these
forests would recover naturally to their original state. However, existing logging roads provided
access for poor and landless people who converted forests to farmland. By 1990, an estimated
10 million people lived on reserved forestland without title to the land. The establishment of new
villages on forestlands was beyond the control of the RFD. The only forests that remained were in
remote and inaccessible areas or in national parks where protection measures were enforced more
strictly. Finally, the Royal Thai Government (RTG) yielded to population pressure and provided
forestland to these people through land allocation programs.
In November 1988, a devastating tropical depression caused flashfloods, pocket landslides and
thousands of slope failures in Nakornsithammarat Province. Many villages in Phipun and Lanska
districts were destroyed completely. Depths of 1 to 3 m of sand and debris covered rice fields.
More than 300 people perished in this event. Hundreds of logs were found among boulders and
debris. Many people, including NGO activists, attributed illegal timber cutting in the mountains as
a partial reason for the catastrophe. This led the RTG to impose a nationwide logging ban in
January 1989, which prohibited timber exploitation in natural forests. This was a turning point for
forest management and planning. The remaining forests have been managed for protection and
conservation purposes only; timber harvesting rights were revoked. The RFD has been reviewed
and the Forest Management Division, which is responsible for preparing timber-harvesting plans
has been dissolved. Forest protection and conservation activities have been strengthened. More
forestlands have been declared as protected areas (e.g. national parks, wildlife sanctuaries, forest
parks, non-hunting areas). The budget allocated for forest plantations to rehabilitate forestlands
has been increased and supported by the RTG.
Rate of deforestation
After the RTG imposed the logging ban and strengthened its efforts for surveillance and forest
protection, forest encroachment decreased noticeably. It is estimated that the annual rate of forest
depletion at present is around 50 000 ha. Generally, forest encroachment has been conducted by
destitute people or rural landowners who have their lands on the margins of natural forests and
who have tried to expand their farmlands gradually, although influential people also played a not
insignificant role. Appearing on maps only, there is no visible evidence to identify the boundary
of the reserved forest on the ground. The RFD once posted signs or erected posts along the
boundaries of all national conserved forests and protected areas to notify local people of their
boundaries. But this practice was discontinued, encouraging farmers or landowners to extend their
farmlands into forestlands. The highest rate of forest depletion occurred during 1976 and 1978
with an average of 1.16 million ha per annum (Charupat 2001). Another cause of deforestation is
infrastructure development projects on forestlands (e.g. roads and reservoirs).
Shifting cultivation practised by hilltribes and ethnic Thais who live in the hilly and mountainous
areas is another problem faced by the RFD. Shifting cultivation is the traditional way for many
farmers to grow annual crops for their subsistence. Most of the forests in catchment areas in the
north and the northeast, particularly under evergreen forests with fertile soils, have been affected
severely by shifting cultivators. The old shifting cultivation areas have become covered with
dense grass and subject to forest fire in the dry season. Undisturbed forest stands of evergreen
trees are hard to find.
296
The RFD and the Hilltribe Welfare Office of the Public Welfare Department have implemented a
program to settle shifting cultivators in the North. But some settlements have failed to meet the
targets. According to the plan, permanent villages will be provided with access roads, schools,
health centres and agricultural extension offices. Permanent agricultural practices with soil
conservation techniques and promising crops have been introduced to support a better living for
the settlers. Migration from neighbouring countries into Thailand has been arrested by strict
control measures. Extension staff have raised the awareness of the importance of soil and nature
conservation. Now, the clearing of forestland outside allotted areas is strictly illegal and violators
are subject to prosecution.
Forest plantations
The first teak (Tectona grandis) plantation of less than one ha was established at Mae Paan forest,
Sungmen District in Phrae Province by the local forest office of the RFD in 1906. Plantations
expanded to almost 160 000 ha by 1980. Up to 2000, the RFD had established 835 235 ha of
forest plantations (Annual Report 2001). These plantations serve two main objectives: (i) re-
afforestation of disturbed forests and (ii) rehabilitation of disturbed watershed areas. Some areas
have been reforested for amenity or aesthetic purposes but not for timber production.
The Forest Industry Organization (FIO), a government-owned enterprise, started a forest
plantation program for timber production in 1967 and the main species was also teak. The timber,
grown on 33 659 ha, is not old enough to be harvested yet; the organization has been affected
adversely by the logging ban since 1989 and is facing a financial crisis because its main income
was derived from selling logs and sawntimber harvested from natural forests. The small amount
of imported timber cannot sustain FIO’s operations much longer.
To reduce timber imports from neighbouring countries, the RFD with support from the RTG
launched a forest plantation promotion project in 1994 to encourage and support private landowners
and local farmers to establish forest plantations of commercial tree species covering 1.28 million ha
within 12 years. Through this project, plantation owners could receive a subsidy of about US$700
from the government for each hectare planted. This project appears to have made little progress
because it attracted less interest from the private sector and local farmers than expected. By 2000,
forest plantations established under this program covered an area of 160 707 ha, well below the
target. The main reasons that discouraged farmers and landowners from investing were the long
gestation period, particularly for high-value species, and insufficient knowledge to protect trees
from insect attacks. Many young plantations have been destroyed by shoot and stem borers.
The first forest plantations of fast-growing species with rotations of 10 to 15 years (e.g.
Eucalyptus camaldulensis and Casuarina equisetifolia) were established by farmers and private
landowners for commercial purposes more than 40 years ago. On soils with low pH in some
provinces around Bangkok agricultural crops failed, so that planting trees was viewed as a viable
alternative on such soils. Most of the small timber from these plantations is used in construction
as scaffolding and temporary posts for fencing.
Some commercial companies and (semi-)private enterprises supported the RFD in establishing
forest plantations (e.g. the Thai Petroleum Industry, the Telecommunication Authority of
Thailand and the Thai Cement Company). Local people and communities, schoolchildren, monks,
educational institutes and villagers also unite to plant trees on disturbed forestlands on national
days every year. Besides the aforesaid projects, the RFD also supports many royal-initiated
projects to plant trees on various occasions. Nursery centres operated by the RFD nationwide
regularly distribute millions of tree seedlings to local people and local institutes or communities
free of charge. These planted trees will be additional sources of timber for rural communities in
the future. It is estimated that forest plantations in Thailand covered about 950 000 ha in 2000.
To date, the private sector has invested little in forest plantations and the total amount of timber
produced in plantations is not sufficient to cope with domestic wood consumption. The country
continues to depend heavily on imported timber.
297
Protected areas
According to the Forest Act (1941), all forestlands including wasteland, excluding those areas
covered by land deeds issued under the land law by the Department of Lands or the areas that the
RFD has relinquished, are recognized as state forests. Forestlands are under the purview of the RFD;
occupation and encroachment without proper permission is illegal. However, some of these
forestlands fall under the National Forest Conservation Act (1964). In 1999, 1 221 forests or about
56 percent of the existing forest areas were declared national conserved forests. The main purpose of
the National Forest Conservation Act is to protect forests from clearing, degradation and occupation
and to conserve them as permanent forests for the benefit of posterity. Any license for activities that
will affect the natural condition of forests of this category is hard to obtain from the RFD. The
National Park Act (1961) identifies specific forest areas as national parks; the Wild Animals
Reservation and Protection Act (1960) declares wildlife sanctuaries and no-hunting areas; and
cabinet resolutions have reserved permanent forest and watershed areas (Classes 1A and 1b). They
are all protected by laws with stringent control measures. By 2001, there were 81 national parks
(46 277 km2), 68 forest parks (887 km2), 53 wildlife sanctuaries (34 849 km2), 55 non-hunting areas
(4 452 km2) and 54 arboreta. They are all protected by the Forest Act. Budgets for forest protection
and conservation have increased steadily and reached 74 percent of the RFD’s total budget in 2001
(Annual Report RFD 2001).
298
price of construction timber, local timber consumers have turned to trees previously considered as
non-commercial species. Housing estate companies use other construction materials to substitute
for wood.
The high price of construction timber also induces local people to fell trees in state forests
illegally, to convert it to sawntimber and to sell it locally for house construction. The RFD has
employed various measures to arrest this activity but none has succeeded; the amount of
confiscated timber seems to increase pro rata with the price of timber in the local market and
illegal timber traders have become more cunning in conducting their business.
Industrial roundwood
Domestic roundwood production, mainly from infrastructure projects, amounts to approximately
25 000 m3 per annum; added to confiscated round logs (around 5 000 m3) the total of
30 000 m3/yr is far below imports of roundwood, which exceeded 700 000 m3/yr in 2000
(Table 3). The shortage of roundwood has forced most sawmills to close; less than 50 sawmills
are now running at full capacity using imported timber. All domestic and imported round logs are
converted into sawntimber and processed further into secondary wood products or sold as
construction timber.
299
Sawnwood
Similar to roundwood, the greater portion of sawnwood supplied to the domestic market comes
from neighbouring countries; the principal suppliers are Malaysia, Lao PDR, Myanmar,
Cambodia and Indonesia providing a total amount exceeding 1 million m3/yr (Table 3). The
United States and New Zealand are also major sources of sawntimber.
Wood-based panels
The production of wood-based panels in Thailand is not sufficient for domestic consumption.
Plywood, veneered panels, particleboard, fibreboard and parquet panels are imported mainly from
neighbouring countries. Other major suppliers of particleboard and fibreboard include Italy,
Australia, the United States, Norway, Brazil and Canada. The value of imported wood-based
panels was US$32 million in 2000 and US$22 million in 1999.
Population pressure
Forest encroachment by rural poor people is chronic. The RTG has yielded to pressure from the
many people who inhabit state forestlands and provided official occupancy rights periodically.
The principal policy of the Ministry of Interior implemented at provincial and district levels
encourages rural people to have their own lands for living, producing crops and raising animals;
but this conflicts with the policy of the Ministry of Agriculture and Cooperatives, implemented by
the RFD, which tries to protect the existing natural forests. Reflecting on previous government
resolutions to solve encroachment and population pressure, the RFD had to give in and
continuously reduce the area of reserved forestland.
The RTG, by ministerial resolution on 4 April 1985, granted amnesty to all forest encroachers
who had been arrested and prosecuted and allowed them to use the land that they had occupied
formerly; this resulted in extensive forest destruction as there was no evidence to establish the
300
exact land boundaries. Thousands of new forest encroachers discovered this loophole and joined
forces in clearing more forests. There are no reliable data but it is estimated that the forest areas
occupied by these people amount to two million ha.
Besides the 1985 resolution, the RTG tried to mitigate land pressure by launching the SOR-TOR-
KOR program in 1982. This program planned to allot all degraded forests throughout the country
to landless farmers or those who had insufficient land for their livelihoods; the allocation
amounted to 2.4 ha for each family. This program continues today and millions of hectares of
forest have been converted as a result.
In 1997, a survey conducted by the Agricultural Land Reform Office revealed that there were still
approximately 0.6 million landless families in 44 provinces. This means that there are now more
than one million landless families and many of them live on state forestlands. From 1992 to 1999
the number of landless families increased by two percent per annum (Report of Situation of
Environmental Quality 2001). Forest encroachment will continue as long as offenders are not
relocated to new settlements; these people also speculate that they have higher bargaining power
than the government.
The RTG’s forest zoning program of 1991 allocated 1.1 million ha of degraded forests, suitable
for agriculture, to landless people. This is one of the RTG’s policies to provide lands for poor
rural farmers and also to relieve land pressure.
Owing to these government policies vast areas have been lost as state forestlands (Table 5).
Table 5. Conserved forests that have been revoked and allotted for other uses
Year Number of forests Areas revoked (ha)
1987 1 3 500
1989 1 35 556
1990 3 3 970
1991 6 8 964
1992 2 810
1993 2 2 089
1994 3 16 630
1995 3 109 486
Total 21 181 005
Source: 100 years of Royal Forest Department Report.
It is evident that the top-down government policy to protect and conserve natural forests has
failed to obtain the cooperation from the rural poor who live close to or within the forests. The
policy-makers do not know enough about or understand the lives of forest encroachers who are
destitute and have no rights to the natural resources, although others may exploit them officially.
Many NGOs, local community leaders and ringleaders have incited them to request the RTG to
take part in the management of forest resources. This request gained stronger and stronger support
from the public and became a political issue that finally forced the RTG to yield to the pressure.
The RFD had to set up community forest projects in 1987 starting with 72 communities in buffer
zones around protected areas. The objective was to share the responsibility of conservation and
protection of natural resources between the RFD and local communities; local communities had
the right to manage the allotted forests to suit their own needs. Local community committees were
expected to develop individual management plans under the supervision of a forestry official.
Until 2001, 8 668 villages had been allotted community forests (Annual Report 2001).
The proposed Community Forest Bill is still being considered by parliament. There are still
controversial issues, particularly from local communities who demand that they should have the
right to manage, inhabit and make use of protected areas in proximity to their communities. The
RFD on the other hand is concerned that if many people still live in protected areas, it cannot
control poaching or collection of non-wood forest products.
301
The land allocation projects are inadequate. There are still many new and old forest encroachers
living on forestlands who do not want to be relocated to the new areas. They speculate that the
RTG will eventually yield to pressure. Many so-called representatives of poor farmers from all
parts of the country petition the government every year. A specific condition is permitting forest
encroachers to stay permanently in protected areas such as national parks or wildlife sanctuaries
and allowing them to harvest natural forest products for subsistence use. The present government
is confronted with a stalemate situation. Its policy concerning natural resources and the
environment, submitted to parliament on 26 February 2001, states that the government has to
improve and rehabilitate degraded natural environments with participation from local rural people.
However, local people and NGOs ignore their obligation to protect and conserve natural resources.
Most foresters, conservationists and national environmental management institutes consider that
the remaining natural forests have reached a critical threshold for maintaining the balance of
nature and an overall suitable environment because the existing forests are not distributed evenly
throughout the kingdom. The northern mountainous region (17 provinces) has the highest forest
cover (43 percent); the northeastern region with the greatest area (19 provinces) has the lowest
forest cover (12.4 percent); the central region (18 provinces) has a forest cover of 23.8 percent,
mainly in the west; the eastern region (eight provinces) has 20.6 percent forest cover mainly along
its eastern border; and the southern region (15 provinces) has 18.2 percent forest cover mostly on
steep mountain slopes (Forest Statistics of Thailand 2000). Most of the undisturbed forests are
located in remote mountainous areas or in protected forests.
Forest fires
Thailand has heterogeneous forest types of complex biological composition. They can be grouped
into two main types – evergreen and deciduous forests. The former covers an area of about
5.84 million ha (11 percent of the country) and the latter covers 7.13 million ha (14 percent). In
deciduous forests, leaves accumulate on the forest floor during the dry season (November to
January) and the dry undergrowth is burnt by annual forest fires. Forest fires mainly originate on
farmlands or forestlands around villages and spread to adjacent forests. Fortunately most tree
species are fire-tolerant, but seedlings and saplings are vulnerable. The loss of organic matter on
the forest floor decreases soil fertility.
The RFD has established forest fire control centres in areas of high fire risk. However, with
limited resources and equipment, suppressing forest fires in very remote areas is beyond the
capacity of the control centres. Often, military aircraft and helicopters are requested to control
forest fires in sensitive areas.
302
Implications of international conventions
Thailand supports most international natural conservation conventions or agreements. Regulations
and rules have been imposed and laws have been devised to implement the agreements without
conflicts. Some protected forest areas have been proclaimed as World Heritage sites. Successive
government policies, since the imposition of the 1989 logging ban, to protect and conserve natural
resources with backing from NGOs and the public have corresponded well with international
agreements or conventions.
Thailand is a signatory to the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES), the Convention on World Heritage, the Ramsar Convention, the
Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD)3, and
the International Tropical Timber Agreement (ITTA). Focal points to deal with these conventions
or agreements have been selected in various RTG agencies. Besides sending delegations to annual
meetings, Thailand has hosted many meetings under these conventions. Participation in other
conventions like the Convention to Combat Desertification (CCD) and the Convention on the
Conservation of Migratory Species of Wild Animals (CMS) is being considered.
3
It was submitted to parliament for approval. However, parliament has not ratified the CBD yet.
303
Forest management
The logging ban of 1989 is still valid and its reversal is unlikely because it has strong general
support. The existing forests will be managed for conservation and protection purposes only.
304
Forestry extension is done mainly by the RFD, NGOs and the public media including newspapers,
radio and television stations. Extension campaigns against forest fires have been conducted
vigorously but the results are unsatisfactory. Rural people do not understand the negative effects
of forest fires. The RFD also has an extension division to introduce technology and forestry
knowledge to the public.
Forest plantations
The expansion of forest plantations is an important goal of the RFD. Some indigenous tree species
with promising growth rates have been studied and introduced to the public. A new plantation act
has been promulgated to support and encourage private sector investment. Tree improvement
research programs have been set up to obtain better tree characteristics. Teak and local pine
improvement projects funded by the Danish government have been implemented successfully.
Watershed management
The forest cover in many watersheds has been degraded severely by shifting cultivators.
Consequently, the RTG decided to set up the National Hydrological Committee to oversee the
management of water resources. The Watershed Classification Committee was established in
1992. This committee has studied and identified criteria for classifying watershed into five classes
according to physical and environmental parameters (Appendix 2). All watershed areas have been
classified and demarcated. Watershed areas in Classes 1A and 1B are under strict control; any
land-use change requires special permission from the cabinet. However, hilltribes do not
recognize their importance of watersheds and ignore these regulations.
Shifting cultivation practices and deforestation affect water resources downstream and this has
attracted government attention. The Watershed Division was created in the RFD in 1975 to
oversee watershed areas. Rehabilitation of degraded catchments has been partially successful.
305
policy of protecting the remaining forests has been recognized by all government agencies and the
private sector. Thus this matter is taken into account in land-use and agricultural policy
formulation.
Policy on the environment: The government recognizes the importance of the forests in
maintaining a suitable environment for people. This has shaped government policies. It ensures
that the policy on the environment does not negatively affect forests or trees and many
environmental improvement projects also include tree planting.
Rural development policy: Natural forest conservation and protection are included in the
constitution and the rural development policy to maintain and improve the rural environment. At
the rural level, a forest officer is a member of the drafting committee for the rural development
policy to ensure that forest resource management is incorporated appropriately into rural
development programs.
Industrial development policy: The RFD does not permit the establishment of new sawmills.
Gradually, wood-processing enterprises have installed high-efficiency machinery to increase
recovery rates. Sawdust from furniture factories that use rubberwood as raw material is now used
as a planting media to grow mushrooms. Sawdust and wood shavings are being used in
particleboard factories and sometimes are converted to briquettes. Many lesser-known species are
being used as raw material. Even the old stumps of trees in the logged-over forests are being used
by the furniture industry.
Infrastructure policy: The RTG has strict regulations for controlling construction projects (e.g.
dams, roads, airports, reservoirs, highways, high-tension power lines). They have to be passed by
the national environmental committee, of which forestry experts are members. Every
infrastructure project should minimize damage to natural forest resources.
Employment policy: Employment in the wood industries has declined since the logging ban. This
has not affected other sectors and forest resources as the number of personnel involved in the
forestry sector is very low.
Trade policy: Owing to limited domestic timber supply Thailand has become a major timber
importer. As long as timber imports satisfy domestic wood consumption, the conservation of
forest resources is guaranteed.
Tourism policy: The Tourist Organization of Thailand is aware that high numbers of tourists can
lead to the deterioration of tourist locations. The most serious problem is pollution. The RTG has
launched a campaign against pollution in resort areas, national parks, beaches, cultural places and
temples. Access roads to tourist destinations have been improved. The RFD also supports the
government tourism policy; all national parks are managed under a national park master plan. The
RFD budget for improving the management of tourist areas under its domain has been increased.
306
Capacities for policy formulation, monitoring and evaluation
The RFD has competent staff to formulate forest policies and to monitor and evaluate their
implementation. A committee has been set up within the RFD headquarters to review each policy.
It meets regularly to monitor and evaluate progress. Progress reports are prepared and forwarded
to policy-makers for perusal. The RFD regulations require progress to be reported on a monthly
basis. This is a built-in monitoring procedure.
Forestland allocation
Most land allocation programs have been successful. But irregularities have been observed as
some influential people or friends of politicians also obtained lands distributed through the
programs. These practices have been arrested and more stringent measures have been applied.
Forest plantations
This aims to encourage the private sector and local farmers to grow trees of commercial species to
supply the domestic market and reduce imports. The RFD has campaigned hard to encourage the
private sector to invest in forest plantations. The response has been rather poor.
307
Conclusions and recommendations
Conclusions
Forestry policies do not last long and lack continuity. Some problems are solved temporarily but
emerge again in the future. If policies are not incorporated into the national social and economic
plan, they do not endure and their impact is limited.
Forest fire is a serious threat that occurs every year. The RFD has strived to combat fires but they
will persist as long as local people do not cooperate with the RFD.
Protection and conservation of remaining forests has been successful owing to participation by all
players. The younger generation understands the beneficial functions of the forest and shows great
interest in national parks, wildlife sanctuaries and recreational areas in their own provinces.
Ultimately, successful policy implementation depends on people’s participation. Fortunately, this
has been recognized and incorporated into the constitution.
Recommendations
To solve forestry problems, the RFD and the government have to change their attitudes. Lessons
from the past reveal that top-down approaches to policy formulation and implementation are
unsuccessful. Policies must suit the existing social and economic situations, environmental
conditions and technology to achieve the sustainable management of forest resources. All
stakeholders need to be involved in the policy formulation process to ensure that their concerns
are heard and considered.
The government has to encourage the private sector to invest in forest plantations. Promotions to
grow trees should be conducted at the grassroots level and more incentives should be provided.
The government should focus only on protected areas. Commercial tree plantations should be
managed by the private sector. Land should be apportioned where problems exist and degraded
forestlands, suitable for agriculture, should be distributed to indigenous landless people. The
adoption of soil conservation measures should be a condition for obtaining public land.
Forestry policies must be evaluated annually and modified from time to time to keep pace with
dynamic changes that occur.
References
Agricultural Land Reform Office. 2000. Annual report. Land Reform Bulletin No. 302.
Charupat, T. 1998. Forest situation of Thailand in the past 37 years. Royal Forest Department,
Bangkok.
Constitution of the Kingdom of Thailand. 1997. Government Gazette, Vol. 114, Part 55a.
Office of Environmental Policy and Planning. 2001. Situation of the environmental quality.
Royal Forest Department. 1996. 100 years of the Royal Forest Department.
Royal Forest Department. 2000. Forestry statistics of Thailand.
Royal Forest Department. 2001. Annual report.
308
Appendix 1. Constitution of the Kingdom of Thailand
(Excerpted from the Constitution of the Kingdom of Thailand enacted on 11 October 1997
published in the Government Gazette Vol. 114, Part 55a, dated 11 October 1997)
Section 46. Persons so assembling as to be a traditional community shall have the right to
conserve or restore their customs, local knowledge, arts or good culture of their community and of
the nation and participate in the management, maintenance, preservation and exploitation of
natural resources and the environment in a balanced fashion and persistently as provide by law.
Section 56. The right of a person to give to the State and communities participation in the
preservation and exploitation of natural resources and biological diversity and in the protection,
promotion and preservation of the quality of the environment for usual and consistent survival in
the environment which is not hazardous to his or her health and sanitary condition, welfare of
quality of life, shall be protected, as provided by law.
Any project or activity which may seriously affect the quality of the environment shall not be
permitted, unless its impacts on the quality of the environment have been studied and evaluated
and opinions of and independent organization, consisting of representatives from private
environmental organizations and from higher education institutions providing studies in the
environmental field, have been obtained prior to the operation of such project or activity, as
provided by law.
Section 58. A person shall have the right to get access to public information in possession of a
State agency, State enterprise or local government organization, unless the disclosure of such
information shall affect the security of the State, public safety of interests of other persons which
shall be protected as provided by law.
Section 59. A person shall have the right to receive information, explanation and reason from a
State agency, State enterprise or local government organization before permission is given for the
operation or any project or activity which may affect the quality of the environment, health and
sanitary conditions, the quality of life or any other material interest concerning or her or a local
community and shall have the right the express his or her opinions on such matters in accordance
with the public hearing procedure, as provided by law.
Section 69. Every person shall have a duty to defend the country, serve in armed forces, pay taxes
and duties, render assistance to the official service, receive education and training, protect and
pass on to conserve and the national arts and culture and local knowledge and conserve natural
resources and the environment, as provided by law.
Section 76. The State shall promote and encourage public participation in the preservation,
maintenance and balanced exploitation of natural resources and biological diversity and in the
promotion, maintenance and protection of the quality of the environment in accordance with the
persistent development principle as well as the control and elimination of pollution affecting
public health, sanitary conditions, welfare and quality of life.
Section 81. The State shall provide and promote the private sector to provide education to achieve
knowledge alongside morality, provide law relating to national education, improve education in
harmony with economic and social change, create and strengthen knowledge and instill right
awareness with regard to politics and a democratic regime of government with the King as Head
of the State, support researches in various sciences, accelerate the development of science and
technology for national development, develop the teaching profession, and promote local
knowledge and national arts and culture.
309
Section 290. For the purpose of promoting and maintaining the quality of the environment, a local
government organization has powers and duties as provided by law.
The law under paragraph one shall at least contain the following matters as its substance:
(1) The management, preservation and exploitation of the natural resources and environment in
the area of the locality.
(2) The participation in the preservation of natural resources and environment in the area of the
locality only in the case where the living of the inhabitants in the area may be affected;
(3) The participation in considering the initiation of any project or activity outside the area of
the locality, which may affect the quality of the environment, health or sanitary conditions
of the inhabitant in the area.
310
Appendix 2. Physical characteristics of watershed classes
WSC1: Class 1A – areas of protection forest and headwater source areas usually at higher
elevation with very steep slopes. These areas should remain under permanent forest cover. Class 1B
areas have similar physical features and environment but portions of the area have been cleared
for villages and agricultural use. Cleared areas require special soil erosion protection measures
and where possible should be replanted to forest or maintained under permanent agroforestry.
WSC2: Class 2 – areas of protection and/or commercial forest (usually commercial forest).
Usually at higher elevations with steep slopes. Landforms are less erosive than WSC 1A or 1B.
Areas may be used for grazing or cultivated with certain crops grown with erosion protection
measures.
WSC3: Class 3 – areas of uplands with moderate to steep slopes and less erosive landforms. The
areas may be used for commercial forests, grazing, fruit trees, or certain agricultural crops with a
need for soil conservation measures.
WSC4: Class 4 – areas of gently sloping lands suitable for row crops, fruit trees, and grazing with
a moderate need for soil conservation measures.
WSC5: Class 5 – gentle to flat areas used for paddy fields or other agricultural uses with few
restrictions.
Note: The numerical watershed classes above were agreed upon by the Watershed Classification
Committee.
311