Martin Laurence G.
Plasabas BSGE 5-1
Philippines
Overview
Rural-to-urban migration and lack of access to land and
housing by the poor has led to the swelling of squatter
colonies or informal settlements in public and privately
owned lands in urban and peri-urban areas.
Unequal access to land and natural resources by poor people
is a key driver of conflict and an obstacle to national
development, fueling social unrest and armed uprisings.
Indigenous peoples are marginalized and have been pushed
out of their ancestral lands by the government for
infrastructure projects, and by private farming interests and
natural resource concession holders.
The Constitution recognizes the rights of indigenous peoples
to their customary ownership of ancestral lands and domains,
and the right to self-determination of the Muslim minority,
through the creation of an autonomous region in Mindanao.
Despite this legislation and various land reforms, however,
the majority of rural people remain landless, and there is a
swelling urban population living in informal settlements.
Outdated land administration laws, an inefficient land
administration and adjudication infrastructure, and a poor
land information system have resulted in problems of
fraudulent, overlapping and duplication of land titles and to
widespread land-grabbing. Under the 1987 Constitution, all
public domain lands and natural resources belong to the
State.
Public domain lands are classified into agricultural, forest or
timber, mineral lands, and national parks; only public
agricultural lands are alienable or may be subject of private
ownership.
The Philippines is an archipelago of 7,107 islands covering
300,000 square kilometers (30 million hectares) – 298,170
square kilometers of land and 1,830 square kilometers of
water.
Its participatory irrigation efforts in the 1970s, its early
successes with community-based coastal resource
management on Apo and Sumilon islands and its legislation
on social and later community forestry provide models for
much of Asia.
Land
Land Use
Land degradation exacerbates the effects of natural 1 Based
respectively on Philippine Government Statistics as of 2009
and the Food and Agriculture Organization of the United
Nations 2010 Global Forestry Statistics.
Thailand
Overview
The political uncertainty and public protests in 2009–2010
have slowed Thailand‘s progress and emphasize the need
for the government to ensure that the property rights of
all citizens are recognized and that local communities
participate in and benefit from the sustainable
development of the country‘s natural resources.
In an effort to address high percentages of tenancy and
landlessness, the country embarked on a 20-year Land
Titling Program (LTP) that upgraded the land rights of and
issued title deeds to large portions of the country‘s
population.
Local communities with insecure tenure or unrecognized
land rights lack the bargaining power and the skills and
experience to negotiate with investors to secure local
participation in and control of development projects and
an appropriate share of the benefits.
In addition, the program did not address the rights of
occupants of the country‘s forestland, a good portion of
which has been settled and cultivated by local
communities for generations.
The rights of many forest communities are insecure, and
encroachment of forestland for cultivation is the leading
cause of deforestation and degradation of forest
resources.
However, Thailand faces continuing challenges in the areas
of land rights and natural resource governance.
Natural-resource degradation is a concern in Thailand;
urbanization, industrialization, corruption, and population
growth strain the country‘s natural resource base.
In addition to forest degradation, the country‘s water
resources are ineffectively managed, unevenly distributed
and increasingly polluted.
While some areas have developed community forest
programs, participatory forest management has not
matured in Thailand as an approach to sustainable use of
forest resources.
At a national level, the country still awaits final adoption of
the Community Forest Act, which will give some forest
communities the right to enter into contracts with the
Forest Department for regulated userights.
The mining law and regulatory framework do not address
land rights and investors may negotiate directly with
landholders for access to land.
LAND
In the same period, the state allocated 3.7 million hectares of
public land to 1.5 million beneficiaries, who received either
The Philippines is an archipelago of 7,107 islands covering
300,000 square kilometers (30 million hectares) – 298,170
square kilometers of land and 1,830 square kilometers of
water.
It is also one of the world‘s hotspots, with a large number of
endangered and threatened species making it a global
conservation priority area.
The country‘s labor force is around 38 million people, or
60.1% of the total population age 15 and over, of whom 34%
are in agriculture, 15% in industry, and 51% in services
(2008).
2 Group of countries identified as representing more than
two-thirds or 70% of all (known) life forms and majority of
the tropical rainforests, coral reefs and other priority
systems.
In 2003, there was 15,500 square kilometers of irrigated land.
The Philippines is recognized as one of the world‘s 17 mega-
diversity countries2, with more than 50,000 species of flora
and fauna (more than 65% of which are endemic).
Land Distribution
In Metro Manila, the largest urban center, more than 50% of
the population (1.4 million households) lives on riverbanks,
bridges, railroad easements, cemeteries, garbage dumps and
idle lands.
While considerable swaths of land have been redistributed,
the most contentious private agricultural lands, which are
also the most productive and fertile, remain with wealthy
private landowners.
With an estimated urban population of 58.6 million people,
more than one-third of all people live in informal settlements
or slum areas as squatters.
In the rural sector, there are an estimated 2.9 million small
farms that average 2 hectares and 13,681 large private
landholdings of up to 20,000 hectares.
Legal Framework
Presently, of the total land area, 14.19 million hectares
(roughly 47%) are classified as alienable and disposable land
– of which 9.67 million hectares remain devoted to
agricultural use and 15.8 million hectares (roughly 53%) as
forestland.
The Constitution classifies the public domain into agricultural,
forest or timber, mineral lands or national parks.
Alienable and disposable lands shall be classified according to
use as agricultural, residential, commercial, industrial,
educational, charitable, or as reservations for public and
quasipublic uses
Of these, only public agricultural lands may be alienable (i.e.,
subject of private ownership) and further classified by law
according to use.
The State shall determine by law the size of alienable public
lands as well as the specific limits of forest lands and national
parks.
freehold title or use-rights recognized by formal law (Suehiro
2007; Giné 2004; Childress 2004).
Much of the land occupied by indigenous tribes is classified as
state forestland, and while the current law does not grant the
tribes automatic rights under the formal law, politicians have
called for some form of regularization of collective rights, and
the pending Community Forest Bill provides a contractual
framework for participatory forest management and attendant
rights of forestland access and use (Vejjajiva 2008; Childress
2004; USDOS 2006; USDOS 2008; Liddle 2008).
Programs have been designed to upgrade the 5year use-rights
and Sor Por Kor (SPK) 4-01 certificates (giving possession rights
to land allotted by the Land Reform Committee) held by some
forestland dwellers to title deeds, and the Prime Minister‘s
Statement of the Council of Ministers at the end of 2008
specifically identified the need to accelerate the issuance of
land rights certificates to farmers and communities living on
state land that is no longer forestland.
The priorities include government initiatives to: protect and
conserve farmland with developed irrigation infrastructure;
rehabilitate soil quality; provide land for poor farmers through
the establishment of land banks and the acceleration of the
issuance of land-rights certificates in the form of community
land title deeds for poor farmers and communities living on
state land that is no longer forestland; and support agricultural
development in the form of agricultural estates.
Thailand‘s land administration services are renowned for their
efficiency and transparency and are considered a model for the
region (Childress 2004; Glenn and Johnson 2005; UNESCAP
n.d.). The Ministry of Agriculture and Cooperatives operates
through its departments: the Agricultural Land Reform Office,
Royal Irrigation Department, and Land Development
Department.
The state can only expropriate land pursuant to a specific law
providing for the public interest, including: national defense;
exploitation of natural resources; town and country planning;
promotion and preservation of the quality of the environment;
agricultural or industrial development; land reform; and
conservation of historic sites.
The government can also acquire private land for allocation
either by voluntary sale and purchase or expropriation of idle
or ceiling-surplus land (KOT 2005a; Childress 2004; Giné 2004).
An estimated 12 million people live and work on Thailand‘s
forestland; some of these resided on the land prior to its
classification as forestland and claim rights to the land under
customary law.
The rights of households occupying land classified as forestland
are considered less secure, whether or not the occupants have
certificates granting rights to occupy and use the land.
Unregistered rights in areas where there is little danger of land
expropriation for development or investment are also
considered relatively secure.
In areas such as forests where landholders have limited rights
and the formal law prohibits the transfer of land, the formal
Under the Act, public domain lands are classified as either
alienable or disposable (i.e., those open to acquisition and
concession) or timber and mineral lands.
Under the 1987 Constitution, all lands of the public domain
belong to the State.
The 1987 Constitution also provides for: comprehensive land
reform.
Under this doctrine, title to all lands became vested in the
Crown, and private ownership was acquired only through
royal grants or decrees.
State ownership is premised on the Regalian Doctrine (jura
regalia), the legal concept employed by the Spanish Crown in
claiming exclusive dominion over the Philippine archipelago
upon conquest in 1521.
These laws have yet to be enacted, and the land classification
under the 1936 Public Land Act remains in force.
This was continued during United States (US) colonization,
the Philippine Commonwealth period under the 1935
Constitution, and upon independence in the 1973 and 1987
Constitutions.
Tenure Types
Alienable and disposable lands (which include agricultural
lands and reclassified lands) and privately owned lands
(based on State grants or laws passed since colonization) are
subject to: 1) purchase which vests ownership; or 2) lease
which vest only the right to occupy and use for the period
agreed upon.
Under the 1987 Constitution, only public agricultural lands
may be leased up to 1000 hectares to private corporations,
and leased up to 500 hectares or acquired by purchase,
homestead or grant of up to 12 hectares by individual.
Farm workers in areas within the retention limit of
landowners and in private agricultural lands yet to be
acquired by the government are granted leasehold rights
with a 75:25 sharing in favor of the farmer-lessee.
The Public Land Act and other special laws grant land patents
(e.g., homestead, sales or free patents) and concessions
vesting ownership in individuals and private corporations
upon fulfillment of certain requirements.
Forest lands, including mineral lands and national parks,
belong to the State subject to usufruct and resource
utilization rights under certain conditions.
Customary ownership rights over ancestral lands are
recognized in the Constitution and Indigenous Peoples‘ Rights
Act.
Under the Comprehensive Agrarian Reform Law, farmer-
beneficiaries are granted: 1) full or absolute ownership in the
form of Emancipation Patents upon full payment of
amortizations; or 2) non-absolute ownership in the form of
Certificates of Land Transfer or Certificates of Land
Ownership for those still completing payments.
In 2003, 64.8% of lands classified as alienable and disposable
were privately owned.
land market is not functioning, and landholders lack cash for
investment.
In regions where traditional practice trumps formal law and
the youngest daughter who cares for her parents still receives
the largest share of property, male family members will likely
control the use of her land (SIGI/OECD n.d.; Childress 2004;
FAO 2010; Tonguthai et al.
The Agricultural Land Reform Office (ALRO) is responsible for:
allocating land to farmers pursuant to the Agricultural Land
Reform Act; supporting land development in land-reform
areas; establishing Agricultural Land Reform Cooperatives;
providing credit and production inputs; and developing farm
and off-farm enterprises.
The 2004 tsunami created or exacerbated a number of coastal
land disputes.
INTRA-HOUSEHOLD RIGHTS TO LAND AND GENDER
DIFFERENCES
Historically, Thailand had a matrilineal and matrilocal system
under which the female line controlled family property and
assets.
The Agricultural Land Reform Act of 1975 was enacted in an
effort to address the high rate of tenancy in certain regions of
the country, the large number of landless households, and the
encroachment of public lands for cultivation.
The youngest or unmarried daughter who cares for her parents
in their old age generally received the largest share of land and
property.
The Prime Minister‘s Policy Statement of the Council of
Ministers identified government priorities for 2009, including
actions in relation to land rights.
KEY LAND ISSUES AND GOVERNMENT INTERVENTIONS
While the Land Titling Program succeeded in registering about
22% of the total land area, the project was limited to
registration of private land, and occupants of forestland were
not eligible to participate.
The Constitution specifically states that land distribution shall
be fair and provide farmers with rights to land for farming (KOT
Constitution 2007).
All land not held in private ownership is considered to be
vested in the state (KOT Land Code 1954; KOT 2006b).
SECURING LAND RIGHTS Private land rights in Thailand are
acquired through purchase, lease and inheritance.
The Land Code identifies various tenure types, including
ownership and use rights.
On average, land registration procedures require less than a
day and cost about 1% of the property‘s value (World Bank
2008; Childress 2004; Giné 2004; Burns 2004).
The program included components dedicated to: land
surveying and demarcation; adjudication of land rights;
issuance of upgraded and new land titles; and improvement of
service-delivery within the Department of Lands.
In the Philippines, lands are either public domain (State-
owned) or privately owned.
Stock ownership under the Stock Distribution Option is
granted to agrarian reform beneficiaries in large corporate
farms.
Securing Land Rights
Public grants include: 1) land patents (homestead, sales or
free patents) or leases conferred under special laws; 2) royal
grants/decrees issued during the colonial period; 3) titles
acquired under agrarian reform laws; 4) title acquired under
the urban land reform law (which grants the urban poor the
right to purchase home plots in their existing settlements or
resettlement areas); and 5) title in the form of Certificates of
Ancestral Domain Claim (CADC) and Certificates of Ancestral
Land Claims (CALC) acquired by indigenous peoples under the
Indigenous Peoples‘ Rights Act.
Land rights are acquired from the State by public grant or by
operation of law, or from private transactions or contracts
involving private lands.
Land rights are acquired by operation of law through
accretion, prescription, hereditary succession or inheritance,
or marriage under the property regime of absolute
community of property (i.e., joint ownership of property
brought into the marriage or acquired after).
Land rights are secure insofar as they may be proved or
traced back to some State grant or lawful private.
For private lands, rights may be acquired through voluntary
transactions such as sales and donations, transfer by will, or
involuntary transfer such as foreclosure or tax sales.
These transactions are governed by general property and
commercial laws.
Private corporations must be at least 60% Filipino-owned and
may lease land of not more than 1000 hectares for a period
of 25 years, renewable for the same term.
INTRA-HOUSEHOLD RIGHTS TO LAND AND GENDER
DIFFERENCES
The Magna Carta of Women (2009) grants equal property
and inheritance rights to wives and common law spouses,
and equal access to agrarian and customary lands.
Although women have the legal right to independently enter
into contracts, many financial institutions require the
husband or male partner to co-sign loans and financial
contracts; women‘s access to creditis limited to smaller
amounts as they usually have less property to provide as
collateral.
The Women in Development and Nation Building Act (1992)
expressly grants women, regardless of civil status, the same
capacity to act and enter into contracts as men, and equal
treatment in agrarian reform and land resettlement
programs.
The Comprehensive Agrarian Reform Law guarantees
women, regardless of civil status, equal rights to own land,
Land allocation and registration practices often reflect male
control over productive assets; in many cases in Thailand land
is only registered in the name of the male head of household
(SIGI/OECD n.d.; Childress 2004; Tonguthai et al.
The Land Code established a national Land Allocation
Committee responsible for identifying land for allocation and
reallocation and implementing land reallocation plans for state
and private land.
Formal rights to land can also be obtained through
prescription; after 10 years of continued possession and use of
land, the occupant has the right to apply for ownership rights.
About 25% of agricultural land in the Central region is leased,
while only about 2% of land in the South is leased (KOT Land
Code 1954; KOT 2006b; Giné 2004).
The Act authorizes the committee to: engage in land-use
planning; develop programs to support farmers; conduct
surveys; and create plans for the improvement of soil (KOT
Land Development Act 1983).
Thailand’s Constitution provides that the state shall adopt land
policies, including policies relating to land use, land
distribution, town and country planning, and the sustainable
protection of land and other natural resources.
DONOR INTERVENTIONS
With the support of the World Bank and AusAid, Thailand
implemented the 20-year Land Titling Program, which ended in
2004.
The municipal courts and courts of first instance (trial courts
that are comprised of general courts, juvenile and family
courts, and specialized courts) hear disputes relating to land
rights.
The Act also provided tenants with opportunities to lease or
purchase the land they cultivated and allowed for squatters
and others who had encroached on state land to regularize
their rights.
The state can allocate pubic land, including: degraded
forestland; public common-use lands; voluntarily relinquished
idle lands; lands outside the boundaries of permanent forests;
and land classified as available for allocation by the state.
The holder cannot convert the license into a title deed or
transfer the land, except by inheritance (UNHCR 2008; Giné
2004; Childress 2004).
Registered land rights in Thailand are considered secure.
Preemptive Certificates (NS-2) allow temporary occupation of
land, and transfers of rights are limited to inheritance.
In January 2003, the government of former Prime Minister
Thaksin Shinawatra implemented the Baan Mankong and Baan
Ua-Arthorn initiatives to provide low-income and poor
households with secure land tenure and improved housing.
In rural areas, knowledge of the formal law is limited, and men
dominate ownership and management of agricultural land.
The balance is public land, which includes: land used by the
state; land open to the public; land identified for allocation
equal shares of farm produce, and representation in advisory
and decision-making bodies.
19–20) However, despite the laws, patriarchal attitudes and
deep-rooted stereotypes regarding the role of women persist
(The OECD rankings [see Box 3] are based simply on the
question on whether women can own land and property, as
indeed they can).
Within marriage, the property regime is absolute community
of property – unless a different regime is stipulated in the
marriage settlements – and both spouses jointly administer
family.
Under property law and under family and succession law,
men and women have equal property rights.
In case of legal separation, the terms of dissolution of
community property are determined by guilt, not by.
Married women may make wills without the consent of their
husband, and dispose of their separate property and share of
community property.
In practice, men are still the primary property owners, and
some laws and government policies that are neutral on its
face upon implementation work to discriminate against
women.
Tribes in the north and center of the country give women
equal right to land ownership, but it is the men who
principally administer and manage conjugal properties.
The order of priority of agrarian beneficiaries under the
Agrarian Reform Law disadvantages women, as they are
mostly seasonal farm workers and thus rank third in priority
of distribution.
Customary laws practiced in rural areas and by various ethnic
groups generally grant men greater access to land than
women.
LAND ADMINISTRATION AND INSTITUTIONS
Other key land agencies are: 1) the Land Management
Bureau (under DENR) recommends policies/programs for the
administration of alienable and disposable lands; 2) the Land
Registration Authority issues patents and certificates of title
and registers land-transaction documents (a Registry of
Deeds is attached to the Land Registration Authority in every
city and province); 3) the National Commission on Indigenous
Peoples assists customary peoples in securing title to their
lands and approves any proposed disposal, utilization,
management or appropriation of ancestral lands; and 4) Local
Government Units develop land-use and development plans
and zoning ordinances.
It coordinates with the Housing and Land Use Regulatory
Board for the review of development plans, zoning, and
settling land-use conflicts; and the National Housing
Authority for urban resettlement.
The Department coordinates with the Department of
Environment and Natural Resources (DENR) for land survey
and distribution, and with the Department of Agriculture for
delivery of support services.
under land reform plans (also known as public settlement
land); and forestland.
The Land Development Department is responsible for macro
and local land-use planning, conducting soil surveys and
classifying land for development purposes (KOT 2005b; KOT
2005a).
The Land Titling Program (LTP) issued freehold title deeds (NS-
4) to eligible landowners who possessed no documents or
possessed only preliminary documents, such as Preemptive
Certificates and Claim Certificates (NS-2 and SK-1).
The land is, however, subject to the formal legal framework
governing land rights.
The highest percentages of ownership are in the South, where
about 83% of land is freehold (KOT Land Code 1954; KOT
2006b; Giné 2004).
In many cases, tribes have occupied the same land for
generations, and, within tribes and neighboring tribes,
customary law governs the rights of access and use of the land.
The Act reaffirmed the state‘s support for the allocation of
state and private land to landless and near-landless
households.
NGOs have protested the expropriations of land for public
utilities and the seizure of about 1600 hectares of land used by
the Akha indigenous people in Chiangrai Province for
construction of a Highland Development Station.
The Department of Public Welfare, also within the Ministry of
the Interior, implements land settlement projects that allocate
public land to farmers and poor families as part of the social
welfare program.
Half of Thailand‘s cropped land is under rice cultivation, and
the country is a leading global exporter of rice (World Bank
2009; USDOS 2010; Trading Economics 2010).
LAND ADMINISTRATION AND INSTITUTIONS
The Department of Lands (within the Ministry of the Interior) is
responsible for land administration in Thailand and operates
through a system of provincial and district land offices.
The Act also set the rules for creation of Land Associations
made up of landowners in readjustment areas and Provincial
Committees to govern the process (KOT Land Readjustment
Act 2004).
Title holders have increased access to institutional credit, and
borrowers receive between 75% and 123% more credit than
those without land title (KOT 2006b; Pornchokchai 2007; Zhu
2006; Burns 2004).
Other parties with interests in the land are also entitled to
compensation based on the injury suffered as a result of the
expropriation (KOT Constitution 2007; Reynolds and Flores
2009).
The Act created the Agricultural Land Reform Office (ALRO) in
the Ministry of Agriculture and Cooperatives to implement
reforms (KOT Agricultural Land Reform Act 1975).

LAND MARKETS AND INVESTMENTS
Various government agencies use different bases for
valuation, such as market valuation by zone or area for
taxation purposes – which can vary between national and
local authorities, and valuation according to use for land
conversion or development purposes.
Certain lands acquired by public grants and under agrarian
reform laws, such as land patents, emancipation patents or
certificates of land ownership awards, contain restrictions on
transfers and mortgage.
Developers contend that this can only be met by converting
tracts of farmland on the outskirts of urban areas, but the
government has banned agricultural land conversions in 2008
due to food security concerns.
Land valuation systems are multiple, resulting in different
pricings for the same property.
Inefficiencies combined with high land taxes have led to
informal land markets, particularly in poor communities.
Buying, selling, renting and mortgaging of land are governed
by general property and commercial laws.
Land record systems are unsystematic and unreliable as to
land ownership, locations, boundaries, actual land uses and
land values.
The zonal valuation system, especially in rural provinces, is
outdated, resulting in undervaluation of properties.
This has resulted in informal markets of prohibited land
transactions.
There is an unmet demand for housing, commercial and
industrial land.
Many records have been destroyed by war, theft, fire and
water damage, or have been misplaced in the frequent
transfers.
COMPULSORY ACQUISITION OF PRIVATE PROPERTY RIGHTS
BY GOVERNMENT
The authority is lodged with the Philippine Congress but
delegated under various laws to national government
agencies, local government units and public utilities involved
in infrastructure development.
Just compensation is defined as the full and fair equivalent of
the property, based on the owner‘s loss at the time of the
taking, and is a judicial function.
The taking must be for public use, interpreted broadly by the
courts to be consistent with public welfare or public exigency.
Private property cannot be expropriated without due process
and just compensation.
The grounds and procedures for expropriation are set forth in
the 1987 Constitution and enabling legislation.
LAND DISPUTES AND CONFLICT
Large swathes of productive agricultural land, especially in
the rice bowl provinces in central Luzon, have been
converted for housing, commercial and industrial purposes.
Thailand‘s formal law promotes principles of equality and does
not support dominance of either men or women in land
ownership or regarding control of land.
The Land Development Act of 1983 established a national Land
Development Committee to help improve the utilization and
productivity of the country‘s agricultural land.
Landowners have freehold rights to exclusive use and
possession of their land.
But the effort to limit the size of private holdings and distribute
ceilingsurplus land to landless and near landless households
was not accompanied by the necessary political will or funding
; in the 1975–2003 period, only about 74,000 hectares of
private land were redistributed.
In either case, land rights are considered temporary or
occupants potentially vulnerable to eviction.
Some innovative schemes have emerged to extend land rights
to larger numbers of people.
By a 1999 amendment, foreigners investing in the country are
permitted to own residential land so long as the land is used as
their residence for at least three years (KOT Land Code 1954;
KOT Land Code Amendment Act 1999).
About 71% of Thailand‘s agricultural land is held in private
ownership.
The government created a land committee under the National
Poverty Reduction Program to hear and resolve disputes.
The Land Code imposed ceilings on an individual basis, allowing
households to have multiple landholdings by registering
various plots in the names of individual family members.
Between 36 and 41% of total land in Thailand is classified as
agricultural, and 28–33% is classified as forestland.
However, the government was successful in identifying public
land for distribution and regularizing parcels of public lands
that had been encroached on.
TENURE TYPES
Thailand‘s law defines land as either private or public.
The Department is responsible for registering landholdings,
issuing land titles and land-use certificates, and conducting
cadastral surveys.
The Land Readjustment Act of 2004 governs processes for land
re-plotting and development in order to improve land
utilization.
The Land Code set a ceiling on landholdings ranging from 8
hectares of agricultural land to 0.8 hectares for residential
holdings.
The Act established a national Land Readjustment Committee
charged with developing policy and identifying areas for
readjustment.
People tend to take disputes – including those concerning land
and natural resource access and use – to local leaders, village
elders and monks.
After that point, the state is authorized to purchase any ceiling-
surplus land and distribute it to landless and near-landless
households.
Outdated land administration laws, an inefficient land
administration infrastructure and a poor land information
system have resulted in widespread problems of fraudulent,
overlapping and duplication of land titles, and have
contributed to land-grabbing.
Rural-to-urban migration and lack of access to land and
housing by the poor have led to the swelling of squatter
colonies or informal settlements on public and privately-
owned lands in urban and peri-urban areas.
The region is also plagued by localized clan rivalries over land
and resources and political dominance.
They struggle to uphold their rights under the Indigenous
Peoples‘ Rights Act, which conflicts with the Regalian
doctrine applied in various laws (e.g., 1995 Mining Act, 1992
National Integrated Protected Areas System Act and Revised
Forestry Code).
Indigenous peoples are marginalized and have been pushed
out of their ancestral lands by the government for
infrastructure projects, and by private farming interests and
natural resource concession holders.
The latest comprehensive agrarian reform program remains
uncompleted more than 20 years after it was launched in
1988, and the most productive and fertile lands are still in the
hands of private plantation and commercial farm owners.
Unequal access to land and resources is a key driver of
conflict, fueling social unrest and armed uprisings.
For those who have benefited from land distribution, slow
delivery of support services and infrastructure promised
under the program has result in suboptimal use of the land.
There have been various land reform programs since the
1930s, but none have been effectively implemented.
Mass evictions have often resulted in violent confrontations
between the squatters and the government or private
landowners.
Inconsistent legislation and policy declarations have led to
unsustainable land use and conflict over competing land
uses.
The conflict dynamic is further complicated by the activities
of the Abu Sayyaf Group, considered a terrorist group by the
government with links to Jemaah Islamiya, the Indonesia-
based Al-Qaeda affiliate.
Apart from budgetary constraints and bureaucratic
inefficiencies, the government is perceived as lacking the
political will to pursue genuine agrarian reform.
The insurgency began in the late 1960s, waged by the Moro
National Liberation Front and presently includes the Moro
Islamic Liberation Front.
Muslim separatists are engaged in armed rebellion in
Mindanao, where six of the country‘s 10 poorest provinces
are located.
Despite the creation of the Autonomous Region in Muslim
Mindanao, conflict and instability persist.
KEY LAND ISSUES AND GOVERNMENT INTERVENTIONS
On occasion, the state‘s expropriation of land for infrastructure
and development projects has been subject to criticism from
members of civil society.
Environmental concerns include land degradation,
encroachment into forest areas, depletion of water resources,
and inland water pollution.
LAND DISPUTES AND CONFLICTS
The formal judicial system of Thailand is well established.
The Department of Cooperative Promotion is responsible for
the allocation of land to landless people and tenants organized
in cooperatives.
Flooding in some urban areas is attributed to rapid
urbanization, ineffective implementation of urban land use
planning and deforestation.
Landholders with an Exploitation Testimonial (NS-3K)
certificate and Certificates of Use (NS-3) are usually
beneficiaries of land allocations who have made use of their
land for a prescribed period of time.
Both private and public land can be leased, with the terms
subject to negotiation between the parties.
Thailand‘s land administration system is considered a model
for other countries.
LAND USE
Thailand has a population of 67.3 million (2008), 510,890
square kilometers of land, and 3219 kilometers of coastline.
Mortgages are readily available to support land purchase and
investment in most areas.
NGOs reported that the Akha people had lived on the land for
generations and that the state did not consult them regarding
the use of the land for a research facility.
Within the matrilineal and matrilocal systems, however, male
family members often exert primary authority over land and
other significant assets.
The Land Code of 1954, as amended, is Thailand‘s primary land
legislation.
Sixteen percent of the country‘s land is classified as nationally
protected, including national parks and wildlife reserves.
LEGAL FRAMEWORK
The following five major pieces of legislation constitute the
core of Thailand‘s land regulation and governance framework.
While the market suffered after the 1997 Asian economic
crisis, it recovered well, and the country has thriving land sales,
land rental and land credit markets.
About 40% of land was held in private ownership in 1994.
The Land Code also identifies requirements for cadastral
surveys and land titling and registration.
LAND DISTRIBUTION
About 89% of Thailand‘s population is Thai.
Roughly 63% of the country‘s 30 million parcels of land are
registered, and nearly 90% of land transactions are registered.
Recent interventions on urban land reform include: 1)
providing social housing to 710,203 households of informal
settlers (with help from the private sector); and 2) creation of
the Social Housing Finance Corporation to provide micro-
financing for the bottom 30% of the population under the
Community Mortgage Program.
Project initiatives include: the creation of a more efficient
land-records system, and more equitable and uniform
property valuation system; the rationalization and
streamlining of land administration agencies; and the
improvement of accessibility to land registry records.
Control over land and resources is often a major strategy for
maintaining political control; traditional politics are oriented
toward maintaining elite control over the nation‘s land and
other resources.
The government‘s Land Administration and Management
Project aims to improve tenure security, create an efficient
land market and improve public confidence in the land
administration system.
In 2008, the government negotiated the Memorandum of
Agreement on Ancestral Domain, aimed at ending the
rebellion by the Moro Islamic Liberation Front and granting
Muslims more freedoms under an expanded autonomous
region in Muslim Mindanao territory.
The Medium-Term Development Plan 2004–2010 10 includes
asset reforms in agrarian, urban and ancestral lands, and a
strategy for Mindanao.
A central problem, then, is the political economy which
perpetuates control of economic assets (land, resources) and
political power by a small grouping of wealthy families.
―The problems of democracy subverted are thus intimately
tied to those of disappearing natural resources and continuing
widespread poverty and inequity‖.
The government is promoting area-based clustering of farms
to improve the delivery of agrarian support services.
As in many developing countries with nature-based
economies, land and natural resources are highly politicized in
the Philippines.
In late 2008, the government declared an indefinite
moratorium on the conversion of prime agricultural lands.
In August 2009, Congress extended the implementation of the
Comprehensive Agrarian Reform Law until 2014.
In this context, economic growth can reinforce inequity rather
than reduce it.
After a period of violence, the government and the rebels
have agreed on a ceasefire (AFP 2010).
This has created a dualistic economy, where the welfare of
the elite and the poor majority are often in opposition.
The Memorandum was opposed by Christian politicians and
subsequently struck down as unconstitutional by the Supreme
Court.
DONOR INTERVENTIONS
Certificates of Right to Farm (SPK 4-01) are granted to
beneficiaries of land allocations.
Holders of Exploitation Certificates or Certificates of Use have
the right to use, possess, sell and transfer their land.
The Act closed a loophole in the land-ceiling provision of the
Land Code by setting household-level ceilings (versus individual
ceilings).
The elevated plateaus of the Northeast include forest and
grazing land in addition to cultivated land.
LAND MARKETS AND INVESTMENTS
The real estate industry in Thailand developed quickly in the
1980s.
Landowners had seven years from the date of the Land Code‘s
enactment to sell or otherwise dispose of ceiling-surplus land
(i.e., above ceiling limits).
Between 11 and 30% of agricultural land is under some form of
tenancy.
The Land Code permits foreigners to hold land in lesser
amounts than citizens.
The certificates are non-transferable, although the land itself
can be transferred to another party who then applies for a new
certificate.
Private land is owned by individuals, groups, or entities.
The holders can mortgage the land and can apply for freehold
title.
The wives‘ families controlled the family land and were the
primary economic decision-makers.
Land is also accessed through government allocations.
Land held in ownership can be freely transferred and
mortgaged.
A husband‘s property generally passed to his widow, and both
sons and daughters inherited land.
A Claim Certificate (SK-1) acknowledges possession of land.
Only about 22% of cultivated land is owned by women.
All land transactions require spousal approval and signature.
An estimated 1% of total land is pasture.
Titled land tends to command a higher price than untitled land.
The bill gives communities living in the forest prior to 1997 the
right to enter into agreements with the Forest Department to
preserve and manage the forest, but the rights are subject to
Forest Department control (Burns 2004; KOT 2005a; Childress
2004; Giné 2004; Liddle 2008; Vejjajiva 2008).
In some urban and peri-urban areas, for example, developers
and prospective residents have entered into land-sharing
agreements under which the parties agree to terms such as
rights of occupancy and responsibility for development (Burns
2004; Childress 2004).
In addition, while many residents of informal settlements in
urban and peri-urban areas are eligible for regularization of
informal rights, the majority of residents do not have longterm
rights recognized by formal law (Burns 2004; Childress 2004:
Boonyabancha 2005a).
The Asian Development Bank Country Operations Business 1998; Jamnarnwej n.d.). In urban areas, the principles of formal
Plan for the Philippines 2010–2012 includes investments in: 1) law that support the equal rights of women and men to own
the Irrigation Systems Operation Efficiency Improvement and manage property are most evident.
Project for about 50,000 hectares of irrigated land in
Mindanao and the Visayas; 2) land tenure improvement and COMPULSORY ACQUISITION OF PRIVATE PROPERTY RIGHTS BY
rural infrastructure and agrienterprise development for the GOVERNMENT
poorest provinces in Mindanao and the Visayas, including Sections 41 and 42 of Thailand‘s Constitution protect private
provinces with indigenous communities and Muslim property rights.
minorities under the Agrarian Reform Communities Project II;
FRESHWATER (LAKES, RIVERS, GROUNDWATER)
and 3) land tenure, shelter financing, and basic infrastructure
ADB‘s Water Financing Program 2006– 2010 will provide the
under the Development of Poor Urban Communities Sector
Ministry of Natural Resources and Environment with technical
Project and Metro Manila Urban Services for the Poor Project
support to help create an integrated water management plan
(ADB 2008; ADB 2010).
for the Yom River basin (ADB 2007b.) The Japan International
Active projects include: 1) the Land Administration and
Cooperation Agency (JICA) has been funding a 3-year program
Management Project, in collaboration with the Australian
(through 2010) providing technical support to the Royal
Agency for International Development (AusAID); 2) the
Irrigation Department on irrigation-water management for
Participatory Irrigation Development Project, aimed at
sustainable development and the use of computers for
improving irrigation service delivery and increasing
efficient water management.
agricultural production; and 3) the Second Agrarian Reform
The Commission‘s goals are to: (1) promote and support
Communities Development Project, aimed at improving
coordinated, sustainable and pro-poor development; (2)
tenure security for agrarian reform beneficiaries through
enhance effective regional cooperation;(3) strengthen basin-
infrastructure development and agricultural support services
wide environmental monitoring and impact assessment; and
(World Bank 2010b; World Bank 2010c; World Bank 2010d).
(4) strengthen the Integrated Water Resources Management
Projects include: 1) Growth with Equity in Mindanao, which
capacity and knowledge base of the commission bodies,
includes infrastructure investments under the Barangay
national Mekong committees, line agencies and other
Infrastructure Project and Regional Impact Projects, and
stakeholders.
agricultural support services under the Livelihood
The NWRC is responsible for: (1) proposing water policy; (2)
Enhancement and Peace Program and the Targeted
establishing guidelines for government agencies, state-
Commodity Expansion Project; (2) the Mindanao Initiatives for
enterprises, and other organizations in planning projects for
Peace, aimed at strengthening community-based conflict
construction or development of water resources and approving
management processes in conflict-prone Bangsamoro areas;
and monitoring projects; (3) prioritizing the allocation and
and (3) Microenterprise Access to Banking Services, which
control of water usage from different water resources for
includes agricultural lending to small farmers and housing
different needs; and (4) directing, controlling, and monitoring
microfinance.
and maintaining water quality (GOK n.d./MNRE; KOT 2006a).
At the national level, USAID is investing in improved property
In 2000, the Cabinet recognized the need for: (1) the adoption
rights and land use through the Local Implementation of
of a water law; (2) the creation of water management
National Competitiveness for Economic Growth Project, which
organizations both at national and river basin levels; (3) the
aims to improve the legal and administrative framework on
establishment of efficient and sustainable individual river basin
land titling (USAID 2010a; USAID 2010c).
water use priorities to ensure suitable and equitable water
USAID‘s Country Assistance Strategy Philippines 2009–2013
allocation for all water-use sectors; (4) the formulation of clear
includes programs in poverty reduction, economic growth
directions for water provision and development; (5) water-
acceleration, improved governance and mitigation of security
resource development for farmers; and (6) accelerated
threats.
planning for flood and drought protection, while taking into
USAID is in the process of developing its land strategy (as part
account the analysis of forecast climate change impacts.
of the Country Development Cooperation Strategy/CDCS
At the basin level, the sector suffers from: (1) lack of a legal
process) which should form the basis for future investment
and institutional framework; (2) insufficient efforts to
decisions.
encourage public participation in large-scale projects; (3)
The World Bank Country Assistance Strategy for the
absence of a system of conflict management; and (4) a lack of a
Philippines 2010–2012 focuses on inclusive growth for the
sense of ownership and shared responsibility for using,
poor.
managing and conserving water resources (KOT 2006a).
A key cross-cutting theme is conflict reduction in Mindanao,
The committees are responsible for: (1) providing input on
where local threats to security impact regional stability.
NWRC policies, plans and projects; (2) formulating water
resources management plans; (3) prioritizing water allocation;
FRESHWATER (LAKES, RIVERS, GROUNDWATER) (4) monitoring and evaluating performance of relevant
Active World Bank investments include: 1) the Water
Resources Development Program for rehabilitation of critical
watersheds; 2) Philippine Local Government Grants for
Sanitation Pilots, aimed at improving water quality, sanitation
and flood protection; 3) the Improved Access to Water
Services in Metro Manila Project for increased access to piped
water supply services for poor households; 4) the National
Program Support for Environmental and Natural Resources
Management Project for an integrated ecosystem
management approach in priority watershed areas; 5) Global
Environment Facility-Manila Third Sewerage Project to
promote capacitybuilding and effective wastewater treatment
techniques; and 6) the Laguna de Bay Community Watershed
Rehabilitation Project (World Bank 2010c; World Bank 2010d).
DONOR INTERVENTIONS AND INVESTMENTS USAID
investments include: 1) the Philippine Sanitation Alliance
Project, aimed at reducing public health risks through
improved sanitation and wastewater treatment facilities; 2)
the Philippine Water Revolving Fund Support Program, in
collaboration with the private sector and Japan International
Cooperation Agency (JICA), aimed at stimulating private
financing for water infrastructure to meet the country‘s
Millennium Development Goals in water and sanitation; and
3) the Environmental Governance (EcoGov) Project Phase 2,
which provides technical assistance to local government units,
many in Mindanao, to implement programs for reducing
destructive fishing practices and improving wastewater
management (USAID 2010b).
Other agencies include: 1) the Department of Agriculture‘s
Bureau of Soils and Water Management and Bureau of
Fisheries and Aquatic Resources; 2) the Department of
Health‘s Environmental Health Services, which enforces
drinking water quality standards; 3) the Department of
Science and Technology‘s Philippine Council for Aquatic and
Marine Research and Development; 4) the Department of
Public Works and Highways for drainage and flood control; 5)
the National Irrigation Administration; and 6) the Local Water
Utilities Administration, which governs local water districts
and reviews rates charged by local water utilities.
TENURE ISSUES
Fishing rights are granted by local government units within
their municipal waters (up to 15 kilometers from the
coastlines under the Fisheries Code) or special agencies
created by law to administer select bodies of water (e.g.,
Laguna Lake Development Authority, Palawan Council for
Sustainable Development).
GOVERNMENT REFORMS, INTERVENTIONS AND
INVESTMENTS
The government has adopted the Philippine Integrated Water
Resources Management Plan, which is based on the river
basin/watershed approach.
agencies; (5) compiling statistics, data, comments and
recommendations regarding water resources management; (6)
conciliating conflicts; and (7) conducting public relations,
receiving comments and promoting understanding among the
general public of the committee‘s performance.
In particular, dams have been a focal point for disputes over
competing water uses and water management (Hirsch 2004;
Phuwanich and Tokrisna 2007; FER n.d.). Regional water
shortages in the Mekong River basin affect millions of people in
Northern and Northeastern Thailand, as well as in China‘s
Yunan Province, Burma‘s eastern Shan State and Laos‘s
northern areas.
The draft law provides for the participation of people in the
process of resource governance and for the establishment of
water organizations at the national, river basin and sub-basin
levels, including water user organizations (KOT 2006 a; Hirsch
et al.
GOVERNMENT REFORMS, INTERVENTIONS AND INVESTMENTS
The government has identified the following challenges in the
water sector: at the national level, (1) the country continues to
lack a legal framework governing water resources; (2) work by
water-related agencies is not coordinated; (3) the budget is
ineffectively implemented; and (4) information about water
resources development is poorly managed.
The draft law grants people the right to water for basic
domestic uses while promoting: good management;
sustainable and efficient use; and development, protection,
rehabilitation, and conservation of water resources.
The Department‘s tasks include: recommending water policies
and master plans; developing a water resource database and
GIS network; developing or making recommendations for
improving and rectifying laws, rules and regulations regarding
national water-resource administrative; disseminating and
promoting the transfer of technology to conserve and develop
water resources; and cooperating with foreign countries and
international organizations regarding water resources.
The state has the authority to: prescribe rules designed to
support and develop the sustainable use of water resources;
ensure that farmers have sufficient water for farming; mitigate
pollution; and improve conditions affecting the health, welfare
and quality of life.
The policy supports participation of the public and NGOs in
efficient water management and calls for the development of
clear guidelines on rights and responsibilities of the various
civil and government agencies and groups in national water-
management efforts.
The Department of Water Resources provides technical and
financial support to the River Basin Committees.
The Department of Water Resources is responsible for
administrative management, development, conservation,
rehabilitation, control and oversight of water resources.
In many cases these traditional systems of water management
have merged with or been adopted as part of formal water-
The Plan aims to: integrate land and water resources (surface,
groundwater and coastal); coordinate all water-related efforts
based on a participatory approach that includes users;
promote equitable access to water supply; restore the health
of critical ecosystems; and promote environmental
sustainability.
LEGAL FRAMEWORK
Under the 1987 Constitution, all waters and aquatic resources
belong to the State; the measure and limit of water use for
irrigation, water supply, fisheries or industry is beneficial use,
and water use for power generation is allowed for 25 years,
renewable for the same term.
Two targets of the Medium-Term Development Plan are the
reforestation of 1 million hectares of land in 140 priority
watersheds and providing access to safe drinking water to 200
waterless barangays (villages) (GOP Constitution 1987a, Art.
USAID will soon conduct separate water and environment
sector assessments as part of developing its overall strategy
(as part of the Country Development Cooperation
Strategy/CDCS process) which should form the basis for future
investment decisions.
Overexploitation of forest resources and inappropriate land-
use practices have disrupted the hydrological condition of
watersheds, resulting in accelerated soil erosion, siltation of
rivers and valuable reservoirs, increased incidence and
severity of flooding and decreasing water supply.
Without new investment in water supply infrastructure,
future projections of water requirements suggest that water
availability will be marginal or unsatisfactory in eight of the 19
major river basins before 2025, and most major urban centers
will experience water deficits.
RESOURCE QUANTITY, QUALITY, USE AND DISTRIBUTION
The Philippines has extensive water resources, including
31,000 hectares of rivers; 200,000 hectares of lakes; 19,000
hectares reservoirs; and 246,063 hectares of swamplands.
GOVERNMENT ADMINISTRATION AND INSTITUTIONS
The Department of Environment and Natural Resources
(DENR) and the National Water Resources Board are the lead
agencies charged with protection of water resources.
DENR‘s Environment Protection Bureau – Water Quality
Management Section – implements the Clean Water Act,
while its Forest Management Bureau handles watershed
management.
Women are relied upon to provide water for household needs
while men make many of the decisions about water resource
management and development.
The 2004 Clean Water Act aims to protect the country‘s water
bodies from land-based pollution sources and to establish a
framework for water-quality management.
Under the Water Code, a water permit is required for use
beyond domestic purposes – irrigation, community use,
resource governance systems managed by River Basin
Committees (Sangkapitux et al.
Hurdles to adoption of legislation have included: concerns
about the lack of stakeholder participation in the process; a
lack of political support for a ministry devoted solely to water
resources; issues of pricing and revenue collection; and
concern over the impact of a fee-based system on the poor.
GOVERNMENT ADMINISTRATION AND INSTITUTIONS
Until 1989, the institutional administration of water resources
in Thailand was fragmented across 38 departments under 10
ministries, one independent agency and six national
committees.
The goal of the project is to improve the conservation,
management and planning of the country‘s water and related
natural resources (such as forests and aquatic zones).
LEGAL FRAMEWORK
Thailand‘s Constitution provides that the state shall enact
policies with relation to natural resources and the
environment, including water.
Each of the 25 river basins has a River Basin Committee whose
members include government officials, state enterprise
representatives, elected representatives of local government
units, water user groups, and stakeholders who work or live in
the river basins.
Governance of the Mekong‘s resources is currently insufficient
to address upstream/downstream and lateral riparian issues,
including the allocation of water for multiple uses between
different countries and within each country.
Acting on the 2000 Cabinet Resolution to accelerate enactment
of water legislation, the Department of Water Resources began
a new drafting process in 2002 which included extensive public
consultation.
The Ministry of Natural Resources and the Environment has
overall responsibility for management of water resources.
Thailand‘s rapid economic growth has strained the country‘s
water resources as various needs – agricultural expansion,
industrial growth and urban growth – compete for water.
In other villages, local leaders are responsible for managing
water resources and mediating conflicts (KOT 2006a;
Sangkapitux et al.
The government has restructured the governance of the water
sector and established River Basin Committees, but has not yet
enacted a comprehensive water law.
The first draft water law (1993) introduced a water permit
system and possible fee structure and proposed to establish a
new Ministry for Water Resources.
The agency also funded a study of sustainable livelihoods and
water management in the Lower Songkram Basin.
The Ministry includes the Department of Water Resources,
Department of Groundwater Resources and the Department of
Pollution Control.
commercial uses (e.g., power generation and fisheries), Thailand is a member of the Mekong River Commission and
industrial use and recreational use. signatory to the 1995 Mekong River Basin Agreement, which
provides for joint management of the shared river resources
TREES AND FORESTS
and development of the river‘s economic potential.
The country‘s total renewable water resources are estimated
The Order pronounces CBFM as a strategy for forest
at 410 cubic kilometers per year (total internal water resources
management and provides mechanisms for its
are 210 cubic kilometers).
implementation – ―WHEREAS, entrusting the responsibility
In 1989, the government created the National Water Resource
for forest rehabilitation, protection, and conservation to the
Committee (NWRC), which is chaired by the Prime Minister and
community of stakeholders and affording them equitable
includes members of relevant ministries appointed by the
access to the forest and coastal resources are viable
Prime Minister.
forestland management strategies as borne by the experience
Implementation of water management plans is undertaken by
of the DENR and various supporting agencies‖ and in Section
district and Tambon-level (subdistrict) offices (KOT 2006a;
1, ―Community-based forest management (herein referred
Hirsch et al.
to as CBFM) shall be the national strategy to achieve
In some villages, surface and ground water are open-access
sustainable forestry and social justice.‖ Various department
resources, and access is not regulated.
administrative orders have been issued by the Department of
Thailand‘s villages have developed water management systems
Environment and Natural Resources (DENR) to implement
that acknowledge differences in water availability, geography
CBFM: DENR Administrative Order (DAO) 22-93 and DAO 96-
and water uses.
29 of 1996 regarding Community-Based Forest Management
Water quality countrywide is considered fair, although in urban
Agreement (CBFMA); DAO 96-29 regarding Certificate of
areas and areas of intensive agricultural operations and
Stewardship Contract (CSC); DAO 04-97 regarding Industrial
industrial development, water sources are often polluted from
Forest Management Agreement (IFMA); DAO 2496 regarding
the discharge of untreated waste and chemicals.
Socialized Industrial Forest Management Agreement (SIFMA);
DAO 02-93 regarding Certificate of Ancestral Domain Claim
TENURE ISSUES
(CADC); and DAO 02-93 regarding Certificate of Ancestral Land
The version of the draft water law that has been pending for
Claim (CALC) (Guiang and Castillo 2006).
several years provides that water belongs to the public domain
Major forestry laws include: 1) the 1975 Revised Forestry
and users are entitled to the water on their land.
Code, which governs the use and management of forest lands
Beginning in 2003, the government has at various times
and products; 2) the 1981 Environmental Impact Statement
proposed the development of a National Water Grid.
System law, which requires environmental impact
It does not appear that the question of comprehensive water
assessments and Environmental Compliance Certificates for
legislation has been vigorously revisited in recent years (KOT
projects in critical areas; 3) the 1992 National Integrated
2006a; Wongbandit 2005; Hirsch et al.
Protected Areas System Act, providing for the establishment
Under customary law, water is perceived as an open-access
of a comprehensive system of protected 3 This estimate is
resource that is supported by local-level water management
based on the Food and Agriculture Organization-established
systems.
definition of forest as an area of not more than 0.5 has and
Thailand‘s strong civil society and media have fueled active
tree crown cover (or equivalent stocking level) of more than
public debates over water use in Thailand.
10% which includes natural and plantation and production
Urban water supply and sanitation projects are being funded
forests, which the Philippine government adopts (PAWB
by multiple donors including Germany, Japan, Italy, Spain, and
2009).
UNICEF (AiDA 2009; JICA2008).
areas; 4) the 1997 Indigenous People‘s Rights Act, which
After multiple years, this process resulted in compromise
recognizes the customary right of indigenous peoples to forest
legislation which featured a water permit system with specific
resources within their ancestral domains and their right to
provisions to reduce or eliminate the financial impact of water
participate in forest programs, 5) the 2001 Wildlife Resources
use fees on the poor.
Conservation and Protection Act, which protects wildlife
Through the construction of a network of pipelines, tunnels
resources and habitat, and regulates the collection and trade
and canals, the grid would transfer water from waterrich areas
of wildlife; and 6) the 2002 Chainsaw Act, which regulates
to water-short regions and increase the amount of irrigated
ownership, sale and use of chainsaws to prevent their use for
land nationwide.
illegal logging and clearing of forest land.
Thailand does not have a comprehensive water law and has
The key reform has been the policy shift from resource
been in the process of drafting and supporting passage of a
exploitation to sustainable forest management and CBFM
water law since 1992.
under Executive Order 263 in 1995, updated under the 2003
Revised Master Plan for Forestry Development and
Environment and Natural Resources Framework Plan for
2003–2012.
Specific initiatives include: the Partnership for Biodiversity
Conservation initiative for strengthening the institutional
capacity of environmental law enforcement bodies; and the
Environmental Governance (EcoGov) Project II for
consolidating and harmonizing forestry laws and other laws
and issuances on forest management, as well as promoting
sustainable management of forests by local governments
working with other local stakeholders.
According to USAID, community forest rights are often
awarded by the government to address equity issues (e.g.,
marginalization of indigenous peoples and preservation of
socio-cultural/ethnic values and indigenous knowledge), but
also convey the rights to use the forest for other purposes,
including production, conservation, development, food
production and environmental services for a fee.
GOVERNMENT ADMINISTRATION AND INSTITUTIONS
The Department of Environment and Natural Resources
(DENR) is responsible for the management, development and
conservation of forest and grazing lands.
RESOURCE QUANTITY, QUALITY, USE AND DISTRIBUTION
Philippine forest cover is estimated by the Food and
Agriculture Organization at 7.2 million hectares or 24% of
total land area,3 of which around 12% is dipterocarp or
lowland rainforest, 3.5% mossy/montane or cloud forest, 0.4%
coastal and mangrove, 0.77% pine forest and 1.6%
submarginal forest, with patches of beach forests and the
emergence of a new forest type – the peat swamp forest or
peat dome found in Agusan del Sur.
In the past 25 years, CBFM (and various joint venture,
coproduction and production-sharing instruments) has been
viewed as the most effective strategy for achieving
sustainable forest management and for addressing the
problems plaguing the Philippine forestry industry.
Protected Area Community-Based Resource Management
Agreements permit migrant communities living in protected
areas to use forest products, but not to log or cut timber.
Community-Based Forest Management Agreements (CBFMAs)
permit communities and peoples‘ organizations in forested
areas to occupy and use forest lands for agroforestry, for
harvesting of timber and non-timber products, and for forest
protection and reforestation.
Relevant DENR bureaus include the Forest Management
Bureau, Protected Areas and Wildlife Bureau, and Ecosystems
Research and Development Bureau.
The stated obstacles (voiced by communities, NGOs, LGUs and
some DENR personnel) include felling and transport
requirements (communities are not allowed to use modern
equipment), excessive taxes on forest products, complex
permit systems, and onerous management plan requirements.
The project has not proceeded, although there is consideration
of smaller projects to link water basins (Hirsch 2004; Lee 2007;
Bangkok Post 2010b).
USAID funded a project that improved water delivery at 225
waterworks countrywide, servicing an estimated 11.3 million
people.
Drinking water in Bangkok is supplied by Metropolitan
Waterworks Authority and generally meets WHO standards for
safety, but open canals crisscrossing the city serve as
repositories of domestic and industrial waste and are highly
contaminated.
The Chao Phrayn provides the country‘s rice paddies with a
critical source of irrigation water.
In most irrigated areas, water user groups manage the access
to and allotment of irrigation water.
About 95% of water withdrawals are used for agriculture, with
the balance split between domestic and industrial use (WEPA
2006; FAO 1997; World Bank 2009).
Water rights can be traded except in times of drought, when
the government can limit water use.
The Department of Groundwater Resources has similar duties
relating to groundwater (GOK n.d./MNRE). The Ministry of
Agriculture and Cooperatives is responsible for management of
irrigation-water resources and infrastructure development.
Countrywide, contamination of water sources is a growing
problem (FAO 1997; UNEP 2001).
Within Bangkok and surrounding provinces, water withdrawal
has caused land subsidence (UNEP 2001).
At the village level, rules regarding water access vary.
The agreement does not address water sharing.
Between 1996 and 2004, water demand increased by almost
35%.
The Constitution states that the public shall have an
opportunity to participate in the development of policies and
rules governing the use of natural resources (KOT Constitution
2007).
Research by the Mekong River Basin Commission (MRC) and
others institutions indicates that the Mekong fisheries are both
highly important to the subsistence and livelihood of
downstream Basin residents – and particularly to the poorest
of these – as well as highly vulnerable to potential damage
from the proposed dam construction (Lee and Scurrah 2009;
Save the Mekong 2010; Sunchindah 2005).
The purpose of the study was to learn how to help
communities relying on key water-basin resources to sustain
livelihoods as water-resource availability fluctuates due to
climate change (USAID 2010; USAID 2009; USAID 2008; Wolff
2007).
A wide range of civil society organizations has expressed
concern over the effects of China‘s dam construction on the
upper Mekong River (the Lacang) on downstream users in
northern Thailand and Laos.
Other concessions granted are Production Sharing
Agreements, granted to private-sector investors, and
Industrial Forest Management Agreements and Socialized
Industrial Forest Management Agreements, which grant rights
to harvest timber and non-timber products with the obligation
of reforestation.
The main direct cause of forest degradation in the Philippines
is overexploitation from logging, fuelled by weak governance,
the capture of resources by elite groups, failure to collect
rents from licensees, short-sighted and unpredictable policies,
rapid population growth, and increased conversion of forest
land to agricultural, residential and commercial uses (Guiang
and Castillo 2006; Chokkalingam et al.
Forest policy is guided by the concept of Sustainable Forest
Management, recognized in the Philippine Agenda 21,
Millennium Development Goals and Medium-Term
Development Plan 2004–2010 (GOP 1996).
A bill to replace the outdated 1975 Revised Forestry Code,
entitled the Sustainable Forest Management Act, remains
pending in Congress due to the unresolved issue of total
logging ban versus selective logging (Catindig 2002).
Forest Land Grazing Management Agreements permit use for
grazing purposes (GOP 2003).
Communities have complained that they are often granted
poor-quality lands and denuded areas, and are expected to
rehabilitate forest lands without adequate technical and
financial support (Pulhin and Dizon 2003).
Many protected areas, watershed reservations and
community forests are not well managed, leading to open-
access conditions and to forest loss or degradation (Guiang
and Castillo 2006).
Forest protected areas (PAs) comprise about 5% of the
country‘s forest resource base, and fall under the jurisdiction
of the Protected Areas and Wildlife Bureau of DENR.
The project facilitates and provides technical assistance to the
joint LGU, DENR and community processes of planning, review
and approval, implementation, monitoring and evaluation,
and in the preparation of watershed- and biodiversity-focused
forest land use plans.
TENURE ISSUES
In the past, forest rights granted by the government to the
private sector were principally for forest-resource utilization
and commercial exploitation (concessions, licenses or
permits).
Based on use, production forest4 comprises 77%; protection
forest5 comprises 8%; and conservation forest6 comprises
15% of total forest area.
There is pressure to convert forest areas to non-forest uses
(e.g., mangrove forests are cleared for prawn farming and
natural forests are converted to biofuel plantations).
A large number of laws and implementing regulations
developed since 1980 directly support community-based
forest management (CBFM).
TREES AND FORESTS
Formal legislation governing the forest sectors includes: (1) The
Forest Act of 1941, which governs the management of state
forests, regulates logging and sets procedures for licenses and
royalty payments; (2) The National Parks Act of 1961,
governing the designation, management and protection of
National Parks; (3)The National Reserved Forests Act of 1964,
governing the designation, management and protection of
National Reserved Forests; (4) The Commercial Forest
Plantation Act of 1992, which requires the registration of
commercial forests and regulates the cutting and sale of timber
in commercial plantations; (5) The Forest Plantation Act of
1992, which facilitates the creation of private-sector
plantations on degraded forest; and (6) The Community Forest
Bill of 2007, which gives forest-dwelling communities who can
prove they lived in the forest prior to 1997 rights to preserve
and manage forest land under strict guidelines.
The Australian Government‘s Overseas Aid Program (AusAID) is
also providing support for capacity building within the Royal
Forestry Department, and JICA managed a 3-year project
(ending in 2010) that provided technical support to the Royal
Forestry Department on reforestation techniques, including:
nursery management; reforestation; tree-farm management;
sustainable utilization of wood from tree plantations; and
timber market information management, in order to
encourage local people‘s reforestation activities in the context
of community-based forest management (ITTO 2004; AiDA
2009; JICA 2008).
The department is also responsible for community forest
management programs within its jurisdiction (AFN 2006; KOT
n.d./MNRE). The Watershed Conservation Management Office
(WCMO) is attached to the Department of National Parks
Wildlife and Plant Conservation and is responsible for
watershed rehabilitation through reforestation, development
of land-use plans to reduce the practice of shifting cultivation,
and conflict management.
The purpose of the group is to strengthen collaboration among
stakeholders responsible for and living in forests, and to
develop and refine methods for establishing partnerships
between local communities and local government regarding
forest management (AFN 2006; Liddle 2008).
The Prime Minister‘s 2008 Policy Statement of the Council of
Ministers identified government priorities for 2009 as follows:
protect and conserve forests; expedite the declaration of
protected forest; determine areas for and promote
reforestation; develop community forests; promote the
cultivation of commercial forest in appropriate areas; and
suppress deforestation (Bhusal et al.
The terms of the Community Forestry Bill, which will restrict
community forest management to certain communities and
designated activities, may result in the termination of some
projects and community rights to forest resources (Liddle 2008;
AFN 2006).
In addition to the development of the Community Forest Bill,
the Thai Working Group of Community Forest Management
10.28% of forest land (0.737 million hectares) are within lands
classified as alienable and disposable (GOP 2009a; FAO 2010).
4 Forest area designated primarily for production of wood,
fiber, bio-energy or non-wood forest products (FAO 2010).
This work is undertaken in the context of the LGU‘s
comprehensive land-use planning and implementation
responsibilities, and within the defined authorities of LGUs,
tenure holders, local DENR offices, provincial offices, and
recipients of individual property rights in comanaged areas,
State-tenure lands, and in CBFMA and CADT areas (Clausen et
al.
In 1917, forest cover was 17 million hectares, or more than
50% of land area.
6 Forest area designated for conservation of biological
diversity (FAO 2010).
The Boards are responsible for setting up multiple-use access
zones for the collection of select forest products (e.g., vines,
medicinal plants, and other traditional uses).
5 Forest area designated primarily for protection of soil and
water (FAO 2010).
LEGAL FRAMEWORK
Under the 1987 Constitution, all forest lands and resources
belong to the State (Art.
Local Government Units assist in forest law enforcement
within their jurisdictions.
The largest remaining forest patches are found in northern
and southern Luzon (especially the Sierra Madre mountain
range, Palawan, Mindanao and eastern Visayas.
MINERALS
Local communities and civil society groups contend that while
the Philippine Mining Act (1995) gives investors virtually
exclusive and monopolistic rights over the minerals and other
natural resources within the mining area, the Small-Scale
Mining Act tightly regulates and controls small-scale miners
and indigenous communities.
Other relevant laws are: 1) the National Integrated Protected
Areas System Act (1992); 2) the Indigenous People‘s Rights Act
(1997); 3) the Environmental Impact Statement System Law;
and 4) the Local Government Code, which devolves the
regulation of small-scale mining.
The People‘s Small-Scale Mining Act (1991) regulates small-
scale mining (i.e., mining activities that rely on manual labor
without the use of explosives or heavy equipment), and
reserves certain mineral lands as small-scale mining areas.
Small-scale mining rights are for two years, renewable for the
same term, for areas not exceeding 20 hectares.
Small-scale miners must form a cooperative and register with
the local Mining Regulatory Board, and must have the consent
of the mining claimant or holder of mining rights over the
area.
GOVERNMENT ADMINISTRATION AND INSTITUTIONS
was formed and includes representatives from the Royal
Forestry Department, the Watershed Conservation
Management Office, the Department of Local Administration,
and NGOs.
The subdistrict-level Tambon Administrative Organizations
(TAO) have authority over community forests and buffer-zone
management, small-scale forest plantations, and local
responsibility for forest and forest fire protection (AFN 2006;
ITTO 2005).
The Regional Community Forestry Training Centre for Asia and
the Pacific (RECOFTC), a Bangkok-based NGO, is a leading
advocate for community management of Thailand‘s forests and
the rights of forest people.
The RFD has oversight authority over the country‘s forests
(excluding protected areas) and has primary responsibility for:
management of forest conservation; logging; forest product
collection; utilization of forest land; and enhancement of public
participation.
The system is designed to generate monitoring information to
support informed policy decision-making by the National Park,
Wildlife and Plant Conservation Department and other
agencies involved in forest conservation and sustainable forest
management.
The Forest Restoration Research Unit (FORRU) of Northern
Thailand‘s Chiang Mai University, in collaboration with Doi
Suthep-Pui National Park Headquarters and Britain‘s
Horticulture Research International (HRI) adopted a framework
species method to restore seasonally dry forests to degraded
watershed sites in the mountains of Northern Thailand.
The National Park, Wildlife and Plant Conservation Department
is responsible for conservation and management of flora and
fauna, especially in protected forest areas.
RECOFTC has been actively engaged in developing the
Community Forestry Bill and supporting community forest
management projects (Liddle 2008).
The Forest Tradition in Buddhism uses forests for monastic
training, and some communities identify forest spirits and trees
linked to family members, requiring preservation of forest
areas (AFN 2006; Satoyama Initiative 2009; Fisher and Hirsch
2007).
GOVERNMENT REFORMS, INTERVENTIONS AND INVESTMENTS
Thailand‘s forest sector has been challenged by the pressure
on forestland for cultivation and collection of forest products
and the lack of an established framework for participatory
forest management.
The bill has been criticized by forestry officials for granting
communities rights to sensitive forest areas, and by local
communities and NGOs for restricting current forest access and
use.
The Forest Department‘s effort to expand its control has the
potential to further marginalize those communities that have
depended on community rights to forestland (Vandergeest
2001; Liddle 2008; Childress 2004).
The Mines and Geosciences Bureau of the Department of
Environment and Natural Resources (DENR) is responsible for
implementing mining laws, including the granting of licenses,
permits and concessions.
Local Government Units (LGUs) regulate small-scale mining
through the Provincial or City Mining Regulatory Boards,
subject to direct supervision of DENR.
For example, the 1996 Marcopper Mining Disaster in
Marinduque Island in which an old mine-pit used as a disposal
pond for mine waste ruptured and discharged about 1.6
million cubic meters of tailings along 27 kilometers of the
Boac river system and the coastal areas near its mouth.
According to USAID, local governments lament the fact that
the tax moneys that mining companies pay end up with
central government in Manila and do not make it back to the
provinces.
Exploration and mining rights are granted to citizens or to
corporations which are 60% or more Filipino-owned for a
period of two years for exploration (convertible to mining
rights) and 25 years for mining (renewable for the same term).
It sets the requirements and procedures for private-sector
mineral development, including the entry of foreign investors
into large-scale commercial mining.
The Philippine Mining Act (1995) governs the exploration,
utilization and conservation of mineral resources.
The small-scale miners and companies feel that it is
unreasonable for the law to force them to use low-tech
mining methods.
Key issues presented are mining‘s destructive impact on the
environment, the displacement of local and indigenous
communities and destruction of livelihood sources, human
rights abuses, and lack of genuine Free and Prior Informed
Consent (FPIC) of indigenous peoples to concessions on
ancestral lands as required by law (Cruz 1999; PMPI 2009;
Doyle et al.
Small-scale mining companies believe the law disenfranchises
small-scale miners.
GOVERNMENT REFORMS, INTERVENTIONS AND
INVESTMENTS
Under the National Policy Agenda on Revitalizing Mining in
the Philippines (Executive Order No.
270, 2004), the government promotes mining as a driver for
national development and poverty alleviation, consistent with
sustainability and environmental protection.
Large scale mining companies argue that they must comply
with various rules and regulations while smaller-scale mining
companies avoid paying taxes and do not comply with rules
and regulations (and, thus, pollute the environment).
The government grants mining rights for up to 81,000
hectares.
There are security risks for some companies, especially those
mining in the Mindanao area (several activist groups have also
damaged mining sites and company equipment).
Threats to Thailand‘s remaining forests include: illegal logging;
conversion into agricultural land; forest fires; squatting by
refugees from neighboring countries; and conversion for use
for development of infrastructure (ITTO 2005).
NGOs have helped communities work with Forest Department
officials to reach agreements on designating areas of forest
conservation, areas of forest for permissible uses, settlement
land and agricultural land.
WCMO officials support NGOs in implementing community
forest management projects in watersheds (AFN 2006).
Community forest management has been slow to develop in
Thailand.
DONOR INTERVENTIONS AND INVESTMENTS
The International Tropical Timber Organization (ITTO) and
Japan, Switzerland and Australia have been supporting the
government‘s investment in a forest resource monitoring
system (THAIFORM).
As the pressure to grant farmers title to forestland increased,
the Forest Department attempted to consolidate its authority
by classifying more forest as protected areas or tree
plantations.
Forest communities must be registered and must develop an
approved forest management plan.
When linked with socioeconomic information, this data will
provide a basis for policy decisions and for measuring progress
toward sustainable forest management.
In the interim, an estimated 328,000 hectares are under some
form of community forest management.
Thailand has 10 different types of forest, including tropical
evergreen forests that are comprised of rubber, hardwoods,
bamboo and wicker.
The government has made several efforts to support
participatory forest management.
LEGAL FRAMEWORK
Thailand‘s Constitution provides that communities have the
right to protect their traditions and to participate in the
management, maintenance, preservation and exploitation of
natural resources, the environment, and biodiversity in a
balanced and sustainable fashion.
The government has been supporting forest restoration
projects in highly degraded forest areas.
The specific project objective is to set up a national monitoring
system to provide change and trend data on timber and non-
timber forest resources.
RESOURCE QUANTITY, QUALITY, USE AND DISTRIBUTION
Thailand‘s forest coverage has fallen from about 70% of total
land area in 1900 to about 28% in 2005.
In some cases, communities occupied the forest land prior to
the state classification of the land as reserve forest.
Participation is mostly in small-scale or artisanal mining,
where, in 2002, women constituted 25% of the workforce,
principally as transporters and processors.
In 2005, the DENR conducted an international mining road
show aimed at raising US $6.5 billion in foreign investments
and generating 200,000 jobs.
The Mining Act requires prior consent of the indigenous
community for mining operations in ancestral lands.
There is a growing grassroots anti-mining movement – led by
the Catholic Church and civil society – that advocates the
repeal of the Philippine Mining Act and an immediate
moratorium on large-scale mining.
In 1994, estimated levels of metallic mineral resources stood
at 7 billion metric tons, and of nonmetallic resources at 50
billion metric tons.
TENURE ISSUES The State can choose to directly undertake
mining activities or enter into mining agreements with private
companies.
One obstacle is the location of gold-selling stations, which the
government places far from the mining communities.
The government is pursuing foreign investment in mining.
Some community leaders have their own incentives for
opposing large-scale mining such as exerting influence and
control over a mine site that brings them a sizable income.
More than half of active mining concessions and two-thirds of
exploratory concessions are in areas of high seismic risk.
Mining often leads to deforestation and destruction of
ecological systems, subsidence and sinking of communities,
and displacement of communities.
In 2009, an Alternative Mining Bill was filed in the Philippine
House of Representatives.
This has generated considerable controversy partly because it
is seen by many domestic and international actors as one of
the best mining laws in the world.
The Philippines has one of the highest rates of female
participation in mining in Asia.
Under the Mining Act, disputes are brought to a Panel of
Arbitrators constituted in each region.
The Philippines has 9 million hectares of potential sites for
mineral resource development, but less than 500,000
hectares are under exploration or development.
One problem (among others) is that the law prohibits small-
scale miners from utilizing dynamite and other explosives,
which undermines production and forces small-scale
companies to illegally use explosives (a significant hazardous).
DONOR INTERVENTIONS AND INVESTMENTS
GTZ‘S Conflict Sensitive Resource and Asset Management
Program or COSERAM aims to develop efficient management
of mineral resources and peaceful conflict-resolution in the
mineral-rich Caraga Region in Mindanao.
Petroleum rights are granted through service contracts open
to citizens and foreigners, for a period of seven years for
Despite formal restrictions on forest use, including a continued
ban on commercial logging, encroachment and farming on
lands classified as forest are widespread in Thailand.
In 1989 the government banned commercial logging in an
attempt to protect against forest degradation and flooding.
The Royal Forest Department (RFD), previously attached to the
Ministry of Agriculture and Cooperatives, is now under MNRE.
A series of government policies limiting forest encroachment
have largely been unsuccessful.
By the 1980s, communities permanently occupied roughly 20%
of official forest reserves.
Planting mixtures of 20–30 selected native forest tree species
succeeded in restoring forest ecosystems within 3 to 4 years
(Blakesley and Elliott 2003).
Non-wood forest products include fruits and nuts, honey,
wildlife and medicinal plants.
Under the Forestry Act, there are two levels of restriction and
licensing for forest use.
While the Constitution states that traditional and local
communities have the right to participate in natural- resources
management, the details on how this shared management
relationship would work and what resources local communities
have the right to manage are still under debate.
MINERALS
Specific duties include: (1) recommending areas, policies, and
plans for management of mineral resources; (2) enforcing
minerals legislation; (3) recommending changes and updates to
the legal framework; (4) conducting surveys and cooperating
with foreign and international organizations regarding geology
and mineral resources; and (5) setting geological and mineral
standards (KOT n.d./MNRE). The Department of Primary
Industry and Mines (within the Ministry of Industry) and the
Department of Minerals (in the Ministry of Natural Resources
and the Environment) are responsible for administering the
Minerals Act.
The Enhancement and Conservation of Natural Environmental
Quality Act (1992) requires mining operations to submit
environmental impact analyses to the Office of Natural
Resources and Environmental Policy and Planning under the
Ministry of Natural Resources and the Environment (Tilleke and
Gibbins 2009b).
In 2008, a dozen oil fields were producing crude petroleum,
increasing production by 7%, and a major new operation
located off the coast of Songkhla in the Gulf of Thailand began
producing natural gas (Shi 2010; KOT n.d/DMR n.d.; Johnston
2010; Yuwaprecha and Naraphirom 2005).
FRAMEWORK
The Minerals Act of 1967 (as amended), governs the
exploration, exploitation, and trade in minerals other than
petroleum.
A Mining Council, established in 1983, serves as an
intermediary between mining companies and the government;
exploration (extendible for three years) and 25 years (with up
to three extensions) for extraction.
This generated investment inflows of US $694 million in 2007
and US $630 million in 2008.
Copper accounts for 72% of total reserves in the country;
limestone and marble are the most significant nonmetallic
mineral resources.
In 2009, there were 23 large-scale and over 1000 small-scale
metallic mines, and 2359 nonmetallic mines in operation.
all entities applying for mining rights or operating in Thailand
must be members of the council.
TENURE ISSUES
Thailand‘s mineral resources are owned by the state, and
licenses are required for exploration and extraction of
minerals.
Thailand also has reserves of coal, natural gas and crude
petroleum and 17 different types of gemstones (Shi 2010; KOT
n.d./DMR; Yuwaprecha and Naraphirom 2005).
The Department of Mineral Resources: provides free mineral-
resource maps and information regarding resources; conducts
surveys; and provides technical support for mining operations
(Chandler and Thong-ek Ltd.
The Petroleum Act of 1971, as amended, regulates exploration,
production, transportation and sale of petroleum resources.
The country‘s mining sector has been adversely affected by the
global financial crisis and the slow recovery of private
investment, but growth is expected in the coming years,
especially in the petroleum subsector.
The state‘s Electricity Generating Authority of Thailand (EGAT)
and several private businesses operate the coal exploration
and mining businesses.
DONOR INTERVENTIONS AND INVESTMENTS
Thailand relies heavily on coal, natural gas and imported
petroleum to meet its energy needs.
Oil and gas operations are owned by the Petroleum Authority
of Thailand (PTT), PTT Exploration and Production Co.
The petroleum industry is governed by the Department of
Mineral Fuels and Petroleum Committee (DMF), under
delegated authority of the Ministry of Energy.
The World Bank and government of Thailand have announced
plans for a US $570 million Clean Energy Investment Project
that develops sources of alternative and renewable energy,
including wind, solar, hydro and biomass options.
All of the options are land-based, and their development will
require access to the land and other natural resources (e.g.,
water) required for energy production.
In an amalgamation gold recovery operation located at a small-
scale mining operation in Phichit Province, for example, high
levels of mercury contaminated surface soil, plants and
agricultural products.
Other minerals mined include construction materials such as
cement, dolomite, gypsum, kaolin, limestone, marl, potash,
and silica sand and metals, including gold, copper, steel and
zinc.
All petroleum activity in the country must have the approval of
the Minister of Energy and is subject to the authority of the
DMF.
Gemstones are found primarily in the Chantaburi and Trat
provinces in the Eastern region, and most gold is mined in the
Southern and Eastern regions (KOT n.d./DMR). Mining
operations are conducted by public and private entities.
The Department of Mineral Resources (DMR) within the
Ministry of Natural Resources and the Environment is
responsible for preservation and administration of mineral
resources.

GOVERNMENT REFORMS, INTERVENTIONS AND INVESTMENTS

Thailand has made efforts to encourage foreign investment in
the minerals sector.
General prospecting licenses are non-renewable, non-
transferable 1-year licenses issued by the Local Mineral
Resources Office.
Exclusive prospecting licenses are also granted for one year,
but are renewable and give the licensee exclusive rights of
exploration in a given area (up to 1250 rai, or approximately
200 hectares).
Thailand is a member of the Coordinating Committee for
Geoscience Program in East and Southeast Asia (CCOP).
The responsibilities of the DMF are: the promotion of
petroleum exploration and exploitation; enhancement of
domestic petroleum supply; and acceleration of petroleum
development in overlapping claimed areas.
Mining projects that are promoted by the Board of Investment
under Thailand‘s Investment Promotion Act can receive
exemptions from or reduction of customs duties, suspension of
income taxes, and other incentives.
Thailand has an estimated 21,500 artisanal and small-scale
miners, primarily mining gold and gemstones.
Special prospecting licenses are used for large projects or
exploration for high-value minerals.
The project will be implemented by the Electricity Generating
Authority of Thailand (EGAT) and Provincial Electricity
Authority and is expected to be approved in 2011 (World Bank
2010).
Applications must include a work plan, evidence of sufficient
capital, an environmental impact assessment, evidence of
surface rights, and evidence of technical capability.
Together, the two operations account for almost half the
country‘s total production of crude petroleum (Shi 2010).
The mining operator is responsible for obtaining the surface
rights to the land, either by a lease agreement or land
purchase.
The Mineral Royalty Rates Act of 1966 sets the royalty rates to
be assessed for different kinds of minerals.
The licenses are granted for 3-year terms, are renewable for
two years, and must be accompanied by an offer of special
benefits to the government.
Rights granted under the Minerals Act do not include rights to
land.

RESOURCE QUANTITY, QUALITY, USE AND DISTRIBUTION

Thailand is a leading producer of cement, feldspar and gypsum.

GOVERNMENT ADMINISTRATION AND INSTITUTIONS

Several ministries have responsibility for the minerals sector.