Legislative Measures for National Park Resources Management by Government Sector and People Having Land Use Rights

Abstract

This research adopted the qualitative research method. The purpose of this research is to study the participation in the management of resources in national park areas by the government sector and people who have the land use rights in Ban Huai Ramphueng village and Ban Khuan Yao village, Lan Khoi Sub-District, Pa Phayom District, Phatthalung Province on the problem of declaring the Khao Pu-Khao Ya National Park area overlapping people’s residential and agricultural areas.

According to the study, it was found that the land occupation had 2 phases. Firstly, the phase before the declaration of national park area. The occupation was not regarded a new land invasion. The community located in the land for a long time before the national park area declaration but failed to gain their protection of land use rights or the right of inheritance for their heir fairly. The second phase was the period after the declaration of national park area in which people began the occupation for the land use. These two groups were regarded a lawbreaker and faced risk of being prosecuted by the government agencies.

The author suggests that the government agencies or officials should allow those who have the land use rights in the national park area take part in decision to solve the problems and consequences. Any amendments to the National Park Act, B.E. 2562 (2019) including government policies shall conform to the intent of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) which is stipulated by the elements or mechanisms of all sectors or stakeholders’ participation. Accordingly, the community rights movement process can be carried out fairly and sustainably.