Report on Self­Governance: Case Studies for the Na Nong Bong

Community

By Genevieve Glatsky and Megan Brookens

CIEE DG FALL 2015

Table of Contents

Introduction 2

Case Studies: Indigenous Communities 5

Mexico……………………………………………………………………….5 Canada……………………………………………………………………….7 Ecuador……………………………………………………………………....9 United States………………………………………………………………..11 Australia……………………………………………………………………13 Argentina…………………………………………………………………...16 Phillippines………………………………………………………………....18

Case Studies: Other Structures and Failures 19

Scotland…………………………………………………………………….19 China……………………………………………………………………….20

Conclusion/Suggestions 21

Resources 25

1

Introduction

According to the Merriam Webster dictionary, the first known use of the word

self­governance was in 1839, not surprisingly correlating with the aftermath of colonialism when

many indigenous, aboriginal, or first nations communities were trying to regain their rights.

Some words related to self­governance include autonomy, sovereignty, and self­determination.

While the exact wording can be debated, the idea behind self­governance remains the same. The

ability to determine one's own future and the future of the community. Self­governance in

different communities ranges from complete autonomy to a more localized government that still

works within other government structures.

Thailand Context

Thailand is in a unique situation as a country that was never formally colonized, but has

ethnic, regional, and minority groups that do not have specific protection, for example, villagers

in the Isaan Region. These groups still face issues that many other indigenous groups have

historically faced, in part because of the centralization of power in Thailand. The population of

Thailand could be considered mostly indigenous depending on what source you look at. Some

define indigenous as simply originating in and characteristic of a particular region or country.

According to a specialized agency of the United Nations, the International Labor Organization

(ILO), self­identification is crucial for defining indigenous peoples. Self­identification has

helped, for example, with land­claims agreements between the Canadian government and First

Nations groups seeking self­governance. 1

In a study about ethnic politics in Southeast Asia, the author argues that the integration

of the Isaan region could be considered a form of internal colonialism, highlighting the high

levels of poverty in the region as one effect. He argues that when the state promotes the

economic development of a core region at the expense of other regions, then those other regions

1 "Who Are the Indigenous Peoples?" Identification of Indigenous Peoples. International Working Group for Indigenous Affairs, n.d. Web. 10 Dec. 2015.

2

“will develop a reactive ethno­regional consciousness which may be articulated in the form of an

ethno­regional autonomy movement, directed against the state.” While the culture of the Isaan

region remains distinct from other parts of Thailand, it has been partially masked over by the

idea of “thainess” after the separation of Isaan from Laos. This process included instituting the

use of central Thai language in schools and general patronization of Isaan people and culture. 2

International Context

The movement of indigenous populations has grown over the past century as

development threatens these communities. Historically, indigenous groups were looked down

upon and only just recently as the environment is in crisis, are people realizing the sustainability

of indigenous systems. The United Nations Declaration on the Rights of Indigenous Peoples was

adopted in September 2007, and the Permanent Forum on Indigenous Issues meets annually,

bringing together indigenous peoples, states, NGOs, UN agencies and other intergovernmental

organizations. These indigenous communities face resource exploitation on their land as a result 3

of development, but lack the agency to block such intrusion. Government powers typically

regulate industrial development, leaving villagers with little opportunity to resist. Here is a map

of land inhabited by indigenous populations, of which most of Thailand is included, and trends in

resource extraction that exploit this land. Note that hydropower, logging, and mining are the

main extractive frontiers and that many villagers in Isaan face issues with these types of

industries. 4

2 David Brown (1994). "Internal colonialism and ethnic rebellion in Thailand". The State and Ethnic Politics in Southeast Asia. Routledge. pp. 109–142. 3 State of the World’s Indigenous Peoples. Rep. New York: United Nations, 2009. Department of Economic and Social Affairs of the United Nations Secretariat. Web. 02 Dec. 2015. 4 "The Challenges We Face." First Peoples Worldwide. N.p., n.d. Web. 30 Nov. 2015. http://www.firstpeoples.org/.

3

Despite the Thai government’s lack of acknowledgement of Isaan as a distinct

ethno­indigenous group, connections between communities in Isaan and the struggles of

indigenous groups on an international level (such as the most recent trip to Mexico) allow

support from a larger movement. In an interview with Kornchanok Saenprasert, a lawyer at the

Khon Kaen Law Center, he mentioned that drawing these connections would be beneficial,

especially given the history of Isaan as a marginalized ethnic community. As a result, this report

will mostly focus on the struggles of indigenous peoples to gain the right of self­governance in

an effort to connect the struggles of Isaan people to that larger context. However, a variety of

case studies will hopefully offer insight into resistance strategies and forms of self­governance as

well as whether they are applicable to Thailand.

4

Case Studies: Indigenous Communities

Mexico

Brief History 5

The Zapatista movement began as an alliance of displaced Maya and mestizo peasants from

southern Mexico. Between the 1950s and 1990s they migrated from the southern state of

Chiapas, and from surrounding areas to the Lacondón jungle. There they managed to form a

common identity despite their cultural and linguistic differences.

Around the same time that the peasants were organizing in the Lacondón, Protestant and

Catholic missionaries were also working with indigenous communities in the Chiapas area. They

ended up organizing politically thanks to the organizational foundation the religious institutions

had laid out. The missionaries helped the historic Indigenous Congress to form in 1974, which

helped peasant organizations to form networks. Many of the Zapatistas that arose in the 1980s

are from these organizations.

The military branch of the Zapatistas emerged in 1994, when they attacked a dozen towns

in Chiapas. After only 2 weeks, they announced a ceasefire in response to a massive government

offensive. But by the end of that year, 38 of the 111 municipalities in Chiapas declared

themselves in rebellion, and many Mayan communities joined the Zapatista movement. They

initially drew up a set of ‘Revolutionary Laws’ which dictated their demands from the

government and the laws for governing the areas in rebellion.

In 1995 federal military forces surrounded the areas in rebellion and inflicted arrests,

torture and death. People fleeing from the violence created a refugee crisis. The incident

provoked an international outcry. The government has moved away from the warfare tactics, but

5 Zapatistas. 1st ed. Oxford University Press, 2005. Web.

5

they maintain a presence and threaten violence. They also offer land titles to rival groups to

incentivize them to attack Zapatista areas.

In 1996, they collaborated with a federal legislative body to draw up the San Andres

Accords, which planned out in detail a system by which Zapatista communities would not secede

from Mexico, but in which the federal government would not intervene with community

decisions. The accords did not become law.

Community Autonomy 6

Zapatista communities have developed a high level of autonomy. Many make decisions based on

their local traditions and customs. The community governance involves a form of direct

democracy with an assembly structure. In community­wide assemblies each member of the

community is expected to share their thoughts on an issue. After a decision is made, community

leaders or small cooperative groups will implement it. These leaders will attend larger regional

meetings where broader Zapatista policy is voted on.

Effects on the Political System 7

In 1994 the activists held a National Democratic Convention in Chiapas, attended by 6,000

people, which helped to spawn many activist groups and networks fighting for the Zapatistas and

other communities. In 2000, a candidate from the opposition party won the presidential election

for the first time in 1929, thanks in part to the effects the Zapatista movement had on mobilizing

various disadvantaged communities in society.

The Zapatistas succeeded in creating larger networks beyond Mexican society by

collaborating with activists and community groups in the United States. Their use of the internet

helped to spread information, build solidarity, and counteract state­sponsored media

representations of the activists as uncivilized thugs.

6 Oxford, 2005 7 Oxford, 2005

6

Lessons for Thailand

Common identity ­ The Zapatistas succeeded because they formed a common identity among

ethnically, culturally and linguistically diverse groups. Establishing unity among different groups

helps to strengthen a social movement.

Community organization ­ The presence of the missionaries helped the villagers to develop solid

organizational structures.

Military branch ­ The decision to take military action was very controversial. It helped to garner

attention, but it also caused a fierce backlash from the government, which inflicted violence on

the communities, forcing many to leave.

Community governance ­ The governance structures in the Zapatista communities were crucial to

the movement. The direct democracy structure ensured that all voices in the community were

heard and that decisions were made to benefit everyone.

Internet ­ The use of the Internet was crucial to gather support for the Zapatistas all over the

world. It enabled them to spread information, create networks, and portray the movement in a

positive light.

Canada

Brief History

Many aboriginal, also known as First Nations, people in Canada see self­government as a

way to “preserve their culture and attain greater control over their land, resources, and

administration of laws and practices that affect their lives.” They believe that they have the right

to self­government because “they were the first people to govern Canada and did not willingly

surrender their autonomy to European settlers” during colonization. The rights of First Nations

Canadians to govern their own land has been supported by the Canadian Constitution since 1995

and acknowledged by the federal government after an extensive process involving conferences

7

from 1983­1987. Negotiations for self­governance, including land claims, are lengthy and

usually involve representatives from First Nations, the provincial government, and the federal

government. Aboriginal groups must first research, write, and submit proposals to the

department. If rejected, they may do more research and submit a revised proposal.

Canada has completed 17 self­government agreements involving 36 communities; 15 of

these were in conjunction with comprehensive land claims. The department is now engaged in 80

different negotiations with about 384 communities across the country. Aboriginal groups across

the country are at various stages in their pursuit of self­government and land claim settlements. 8

The government has implemented a Web­based information system, the Aboriginal and Treaty

Rights Information System (ATRIS), which keeps track of negotiations and is used to keep

things public. Anyone can publically view a map showing the location of Aboriginal

communities and information pertaining to their potential or established Aboriginal or treaty

rights.

Forms of Governance

In 1995, the federal government officially recognized that Aboriginal groups have an inherent

right of self­government within section 35 of the Constitution Act, 1982. It also acknowledged

that Aboriginal people across the country have different needs and backgrounds, making it

impossible for one system of self­government to suit all groups. Any of these aboriginal

governments must work within the framework of the Canadian Constitution “in relation to other

levels of government, whether federal, provincial, or municipal.”

One interesting example is the Nunavut Land Claims Agreement, a comprehensive land

claim agreement where self­government aspirations are expressed through public government.

This self­government is unique due to the fact that the Nunavut government represents all the

people residing in the territory even including those who are not aboriginal people. 9

8 Higgins, Jenny. "Aboriginal Self­Government." Newfoundland and Labrador Heritage Web Site. N.p., 2009. Web. 9 "Fact Sheet: Aboriginal Self­Government." Indian and Northern Affairs Canada. Government of Canada, 2008. Web. Nov. 2008.

8

Lessons for Thailand

Involvement with government ­ The governmental framework in Canada varies vastly from

Thailand, which makes it hard to implement the same strategies. First Nations collaborates with

different governmental bodies, but this is because of the democratic framework and

constitutional acknowledgement of indigenous rights.

Proposal writing ­ The creation of detailed proposals helped to negotiate and create viable

solutions and compromises with the government. Many drafts and extensive research is often

necessary.

Internet ­ The use of the information system to track negotiations helped to ensure a fair process

and expose any injustices to the public.

Ecuador

Brief History

Large­scale organization to demand for indigenous land rights began as early as the late

1960s in the Ecuadorian Amazon. The biggest challenge faced early on was distrust between

members of the group, as some suspected others were motivated by ensuring land against fellow

villagers. They struggled with getting members to overcome cultural values and land tenure

norms in order to unite. They also strengthened their movement by redefining what it meant to

be ‘indigenous’ and uniting under a common identity. This allowed them to mobilize large

amounts of people. They also benefitted from several leaders that had been educated under

Christian missionaries, and could speak Spanish. These leaders served as liaisons to state

officials. They placed a high emphasis on language education, as an effort to increase

communication with the outside world. This push is a backlash to the resentment wrought from

the intrusion of foreign activists and NGOs, who many locals feel have co­opted the cause so

that it no longer represents local interests.

9

Many communities have achieved a fair degree of autonomy through their community

land ownership model. Decisions are made through alternative governance structures, which

involve a consensus­based model of decision making. The process aims to avoid alienating any

members of the community. Governance is usually an ongoing process, rather than a single

ideology implemented by one leader. They have also formed alliances with non­indigenous

groups, like state agencies, and human rights and environmental organizations. These alliances

can offer them financing and political leverage. 10

Ecuador now has one of the strongest indigenous rights movements in South America.

The Confederation of the Indigenous Nationalities of Ecuador (CONAIE) is made up of

indigenous groups from all over the country. The strength of the movement has managed to

topple several presidencies and block free trade agreements because of protests and roadblocks.

However, there is still no recognition of indigenous rights from the current government. The 11

Kichwa tribe in the Sarayaku region of the Amazon in Ecuador are fighting oil companies who

want to exploit their ancestral land. A delegation of Kichwa representatives went to the Paris

COP21 Climate Conference to make sure their voices are heard. They made a documentary

about their experiences and brought a symbolic canoe to the Paris protests. 12

Lessons for Thailand

Autonomy ­ The communities managed to fight for their rights outside of a government structure

by cooperating in large numbers to form their own hospitals, schools and governance structures.

They have also fought hard to take agency over the struggle and to prevent outside activists from

inserting their own interests.

Education ­ The Ecuadorians strengthened their movement by educating the community in order

to communicate their cause with outsiders. It helped prevent destructive stereotypes of

10 Erazo, Juliet S. "Landscape Ideologies, Indigenous Governance, and Land use Change in the Ecuadorian Amazon, 1960–1992." Human Ecology 39.4 (2011): 421­39. Web. 11 "Amazon Watch ­ Advancing Indigenous Peoples' Rights in Ecuador."Amazon Watch. N.p., n.d. Web. 7 Dec. 2015. 12Silver, Mark, et. all. “The Amazonian tribespeople who sailed down the Seine.” The Guardian. Web. 10 Dec. 2015.

10

indigenous people being backwards. The Spanish language skills also made it easier to form a

larger network.

Solidarity ­ The indigenous groups came from geographically, ethnically and culturally diverse

backgrounds. But they formed a common identity based on their status as victims of the same

forms of oppression. This allowed them to form a vast network and influence national events.

United States

Brief History

When European colonisst came to the Americas they decimated the native population,

driving them off ancestral land in a mass genocide. The first court case about Native land rights

under the US government was a supreme court case in 1823 that prohibited private ownership

and continues to define Native American land rights today. Congress passed a series of 13

Removal Acts between 1828 and 1838, which forced an estimated eighty thousand Indians to

relocated from the eastern part of the United States to the west side of the country. As Stuart

Banner recounts, “the enduring image of the period is the Trail of Tears—the U.S. Army's

internment and forced relocation of approximately sixteen thousand Cherokees in the fall and

winter of 1838–1839, under circumstances so dire that four thousand are said to have died along

the route between Georgia and what is now Oklahoma.” The Trail of Tears represents one 14

example of the atrocious treatment of the Native Americans that the United States actually

includes in the general education system today. A lot of the horrible treatment has been glossed

over in history books. With so many factors working against Indian survival, tribes became

increasingly dependent on the federal government.

13 Riley, Angela R. "The History of Native American Lands and the Supreme Court." Journal of Supreme Court History38.3 (2013): 369­85. Web. 14 Riley 2013.

11

As a result, Congress passed the General Allotment Act of 1887, which allowed the

federal government to take tribal land and redistribute it in “allotments” held by the federal

government for a number of years as a way of decreasing dependence on the government. By the

late 1960s, Native American nations had begun to reassert their inherent and retained tribal

sovereignty by aggressively pursuing goals of self­ governance, self­determination,

self­sufficiency, and in particular, self­representation. The self­determination policy, announced

in 1970, recognized Native American tribes tribes' sovereign status. The self­determination

policy generated a series of legislative reforms, including the Indian Self­Determination and

Education Assistance Act of 1975. These Acts enabled tribes to assume responsibility for

providing services that were formerly provided by the federal government by authorizing the

Secretaries of the Interior and Health and Human Services to contract with tribes to provide

federal services. However, the tribes had little actual input over resource management policies, 15

and the Act merely served as a way for the government to avoid liablity.

Today, there are more than 566 federally recognized Native American nations within

U.S. borders that have autonomy, in the sense that their lands are reserved areas that they

self­govern, but there are still high rates of depression and alcoholism stemming from the

injustice and dependency of the past.

Apache Natives 16

The White Mountain Apache in the state of Arizona, along with other groups, struggle to

continuously guard their rights. In 1969, this Apache Nation proposed a Master Plan for getting

back their land that had been taken away to use as a military fort. In order to preserve their

culture and language traditions they challenged and won a court case that allowed them to open

the White Mountain Apache Tribe Cultural Center at Fort Apache which thrived as a gathering

place for elders and cultural specialists, an Apache crafts outlet, and a destination for visitors

from many countries.

15 Douglas B.L. Endreson. "The State of Native America and Its Unfolding Self­Governance: Improving the Legislative Process in Indian Country through use of Tribal Legislative Fora."Stanford Law & Policy Review 12 (2001): 267­333. Web. 16 Welch, John R., and Robert C. Brauchli. ""Subject to the Right of the Secretary of the Interior": The White Mountain Apache Reclamation of the Fort Apache and Theodore Roosevelt School Historic District." Wicazo Sa Review 25.1 (2010): 47­73. Web.

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The Fort Apache property deteriorated throughout the 1970s and 1980s. But, in the 90s,

guided by Apache Elders and professionals in the Arizona Historical Society, a Master Plan was

proposed that guided historic preservation, community empowerment, public interpretation, and

economic development efforts. The Master Plan, enacted in 1993, envisioned a historic park to

facilitate and integrate historic preservation, Apache cultural perpetuation and first­person

interpretation of property history, and tourism­based economic development.

Lessons for Thailand

Proposal Writing ­ Drafting a Master Plan to get back their land helped organize their

community and eventually they took the case to court fighting for the right to their lands. Other

tribes had also drafted plans for resource management, but similar to the TAO, had little power

over the actual process of resource management.

Autonomous Structures ­ Having the Cultural Center allowed the community to gain revenue

from tourism and decrease dependency from the government. They appealed to historical

societies and other NGOs. Many Native tribes in the US currently promote ecotourism in which

a limited amount of people can hike through, visit, or learn about their community. They also

have their own lawyers and representatives that fight in court for the community’s rights.

Education ­ Currently, US education does not adequately document the struggles of the Native

Americans. Spreading awareness of their communities, likes those in Isaan, is crucial for their

movement.

Australia

Brief History 17

Australian indigenous groups have less autonomy than many comparable settler societies

today. Starting from 1788 and continuing into the 20th century, British forces colonized

17 Singharoy, Debal. "Development, Environmental and Indigenous People’s Movements in Australia: Issues of Autonomy and Identity." Cosmopolitan Civil Societies: An Interdisciplinary

Journal 4.1 (2012): 1-25. Web.

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Australia and in the process stole the land from the indigenous inhabitants, robbing them of their

culture and livelihood. Indigenous groups started to organize resistance in the 1930s. In 1972, a

group of Aborigines protested in front of Parliament, demanding representation in government,

land and mining rights, preservation of religious sites and compensation for lands lost. The

government responded by instituting a policy of self­determination the same year. A 1993 court

case recognizing the indigenous rights to the land under common law resulted in the creation of

federal and local councils created to assist with land acquisition and management. The country’s

policy from 1979­2005 of indigenous autonomy didn’t actually work because after 200 years of

oppression and forced dependency, the communities were not equipped to be autonomous.

Protests still continue, especially over an intervention in the Northern Territory in 2007.

These groups have, however, found a lot of success through the formation of Local Land

Councils as well as networks with other indigenous organizations, trade unions, students,

environmentalists and others. This has helped to strengthen and diversify support and collect

different strategies. Although troubles abound, the position of the Australian state towards

indigenous people has changed drastically as a result of pressure from below and declarations

from the United Nations. There has been tension and conflict among indigenous people over

visions of economic development. Some see it as a way to escape marginalization by society,

some see it as a threat to their culture and way of life. 18

Success Stories

Housing Development in Sandon Point ­ A piece of land with cultural and religious significance

was sold to a property developer for a luxury housing development. After many protests, the

developers suspended their work until an archaeological survey was done. The survey was

submitted and the City Council allowed construction to resume. Protesters continued, claiming

the survey was not comprehensive. One protest involved lighting a sacred fire, and staking a tent

on the land for 24 hours to claim it. They then carried the sacred fire to the capital to arouse

support and attention. They then formed a human chain to prevent developers from fencing off

18 Maddison, Sarah. "Australia: Indigenous Autonomy Matters."Development 52.4 (2009): 483-9. Web.

14

the area, and several were arrested. They tried to several times to appeal to governmental bodies,

but they upheld support for the development project every time. The duration of the struggle

managed to strengthen a sense of common identity and solidarity and develop networks of

indigenous and non­indigenous supporters as well. The state has not halted projects, but has

opened up a space for review and appeal.

Worimi Land Council ­ Aboriginal Land Councils have emerged to protect the interests of

indigenous groups. One land council in Worimi acquired large tracts of land and started

successful business ventures including a park for tourists. However, they went bankrupt in 2003

from corruption and mismanagement. Despite this, they started a sand dune touring company and

sand mining company, with mixed support from indigenous communities. The people on the

council say the revenue from the company will benefit the village, and wants to assimilate more

into Australian society. Critics say the project will destroy their culture and the environment.

Their overall strategy is divided between villagers who want to assimilate and reap the benefits

that might come with development, and those that want to resist encroachment on their land and

culture.

Gandangara Land Council ­ This Aboriginal Land Council has managed to provide employment

and training to unemployed youth, education, health care, old age care, housing assistance,

indigenous land care, and cultural awareness. The land council tries to extract benefits for its

members from projects designed to exploit community land resources. For example, the

members passed a resolution governing land use and a business plan, which included a housing

development that all the members approved. They meet frequently with members of the

community, old and young, to discuss welfare and development activities. A new identity has

emerged, one that accepts assimilation and integration, but still critiques colonial oppression and

dispossession. To preserve their cultural heritage despite the assimilation process, they organize

village elders in indigenous artistic and cultural activities, and get them involved in health care

center and in new housing development. An impetus for harmony between both cultures has

emerged. Their overall strategy has been pro­development while still remaining critical, and this

has received the most support from the state.

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Lessons for Thailand

Dependency ­ The policy of autonomy didn’t work in Australia because the communities weren’t

strong enough to establish self­governance. They had been dependent on outside forces for so

long that they didn’t know how to be independent, despite the injustice of their dependence.

Age Gap ­ The lack of updated knowledge among the older members of the community

prevented autonomy, because they weren’t familiar with the modern council structure.

Local Land Councils ­ The councils have provided a successful framework for negotiation with

the government.

Argentina

Brief History

Native peoples (referred to as Indians) of the central and southern part of Argentina were

conquered around 1879 in the famous "Desert Campaign." These campaigns continued into the

conquest of the Indian peoples of the Gran Chaco in the northeast in 1884 and 1911. These

campaigns and the country’s economic expansion pushed Indians into “the most remote and

ecologically inhospitable areas of Argentina” where most of the Indians who have not already

migrated to the cities still remain. Since this conquest, the Argentine federal government has 19

shown little sustained interest in Indian affairs, making only modest attempts to integrate Indians

into the national economy, such as through jobs like cash crop producers.

Finally, in the first year of the democratic government of Raúl Alfonsín, Indians and

indigenous groups at the provincial level began to form coalitions to find new types of

integration in which Indians would be guaranteed autonomy. Argentine citizens also supported

this because they felt that the weakness of civil society and the marginalization of the poor were

among the root causes of authoritarianism in Argentina. As a result of efforts at the provincial

level, the first provincial Indian Institute was established in northeastern Formosa Province in

19 Bray, David. "Indian Institutes in Argentina: From Paternalism to Autonomy." Cultural Survival Quarterly (1981­1989) Sep 30 1989: 68. ProQuest. Web. 2 Dec. 2015 .

16

1983 to improve state services to Indian communities and promote self­governance. The institute

leadership was mostly non­Indian, leading to demonstrations in the provincial capital, advocating

for Indian autonomy. A law was passed which established a new Institution of the Chaco

Indians giving recognition to Indian community associations, land titles to all land currently

inhabited by Indians, bilingual education, and improved health and housing services. Leadership

positions in the new Institute are all occupied by Indians. As of 1989, Indian Institutes were

operating in Formosa, Chaco, Salta, and Tucumán; the legislation has only recently been passed

in Río Negro and Missiones. In most cases the legislation took years to approve. 20

Current Situation

Over the last few years, state and private interests, particularly those of agribusiness and

extractive industries, have infringed on the rights of Argentina’s native population to their

traditional lands. In July 2013, a Supreme Court ruling ordered the local government and the

National Institution of Indigenous Rights (INAI) to submit a plan of action for mapping the

territory claimed by the Qom and to guarantee their right to participate and be consulted in the

process. Nevertheless, the struggle against violence and aggression continues for other

communities. On October 12, 2008, Javier Chocobar, a member of the Pueblo Diaguita in

Tucumán province, was shot dead while trying to halt the eviction of his community by a local

landowner. At the root of many of these conflicts lies the question of the lack of legal ownership

over the ancestral indigenous lands. Argentina’s Constitution and the international human rights

law already recognize the right of indigenous peoples to their ancestral lands. In 2006, the

National Congress passed a law that ordered the suspension of evictions of all indigenous

peoples until the ancestral lands had been mapped through a survey, but it did not define an

appropriate delivery of community property titles to Indigenous People. Unfortunately, almost

eight years on, the evictions continue to take place. The mapping surveys are, in most, cases

delayed. 21

20 Mendoza, Marcela. "Hunter­Gatherers’ Self­Governance: Untying the Traditional Authority of Chiefs from the Western Toba Civil Association." International Indigenous Policy Journal 6.4 (2015)Web. 21 Indigenous peoples in Argentina: “we don’t want to be considered strangers in our own country” Merco Press South Atlantic news agency. 2013.

17

Lessons for Thailand

Government Representation ­ Among the demands of the indigenous Argentinians were more

representation in the government, so that the needs of neglected communities could be heard.

However, this was initiated by officials at the provincial level, so representation in local

governments is necessary first.

Phillippines

Brief History

The Philippines has 114 different ethnolinguistic groups that make up 9% of the

population, but live on 44% of the land. The land of indigenous groups has been threatened by

mining, climate change, and government military exercises.

The Philippines has various regional consultations across the country to discuss

indigenous issues. Through this process, people were able to make their voices heard and

connect with other groups. Civil society groups were crucial in helping to mobilize and organize

the indigenous groups. In December 1995 NGOs organized a National Congress with indigenous

and NGO representatives to write up a draft bill on indigenous rights, which they then submitted

to Congress.

An Indigenous People’s Rights Act (IPRA) was passed in 1997, which recognized local

people’s rights to the land, culture and self­government. The law passed as a result of 10 years of

lobbying by NGOs, government offices, legislators, and indigenous activists. They also

succeeded in establishing a requirement for indigenous representation in Congress. The bill

helped provide a new legal framework in which they could demand rights for themselves. 22

22 Eligio, Anne Marie Jennifer E. "Communication Imperatives for Indigenous Peoples’ Representation in Policy Making: Lessons from the IPRA (Indigenous Peoples Rights Act) Experience."Telematics and Informatics 29.3 (2012): 324­34. Web.

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Lessons for Thailand

Local Agency ­ Many indigenous people felt the bill didn’t represent their interests, because it

was crafted by NGOs and civil society without consultation of the people themselves. For

example, some of the wording provides people the right to land, but not to the minerals inside it.

There is also no enforcement mechanism to make sure the law is enforced.

Case Studies: Other Structures and Failures

Scotland

Brief History

Scotland has a structure of Community Councils (CC) to express the views of local

communities. The CCs are consulted on projects that affect local communities. The most

effective CCs are the ones in smaller, more unified areas. They have found that the most

effective local councils are ones in which the community shares a sense of identity and

attachment to the area, and thus increases participation with the local government. These

coherent communities produce more active citizens that take part in local political processes. In

some areas the CC has been able to organize volunteer service and establish links between

different local community organizations.

Ineffective councils were ones that excluded large portions of society. Many CCs

excluded young people from the process, seeing them as a threat to the traditions of the

community. Young people thus didn’t take as much an interest, adding to an existing feeling of

detachment from the community. Communities that were divided by class, or otherwise, also had

divergent motivations or loyalties showed less involvement in local government.

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Lessons for Thailand

Community ­ Scotland is clearly a very different setting from Thailand. It is a democracy with

existing channels for local involvement. But among these local councils, the ones that were the

most effective were the ones with communities that showed solidarity and attachment to the area.

China

Brief History 23

As an example of a community that attempted to gain self­governance, but eventually

failed, Wukan village in China offers a few things to learn from. Since the 1980s, villagers’

autonomy has been the primary political system in rural China. There have been studies about

the status of villagers’ autonomy and the relevant issue of village governance. According to early

research findings, unlike the household contract responsibility system, villagers’ autonomy

varies due to the differences between villages in socioeconomic base and governance

mechanism. As a result, villagers have different expectations for autonomy and participate to

different degrees.

Tens of thousands of protests erupt across the China each year, many over the illegal sale

of communal village land by corrupt local officials. Few demonstrations lead to real change, but

in 2011, the Wukan protests in Guangdong province in the south of China captured the attention

of the media and academia worldwide because of the long duration and efficient organization of

resistance which is rare in such mass incidents. The case was also interesting because of the

demand for democratic elections and the acquisition of self­governance within a short period of

time. Their village committee had held power for over 40 years and did not represent the

villagers. They held protests for weeks which was followed by a crackdown by local authorities.

One of the leading activists, Hue, disappeared tragically fueling the movement. Ultimately, the

23 Wukan: After the Uprising. Al Jazeera, 26 June 2013. Web. 10 Dec. 2015.

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community had elections, through paper ballots, electing the head of the the local government,

the committee members, and the heads of the 5 villages involved.

After the elections, the movement was not sustained because of community division. In

one examination of the village protests, the researcher says,“It is yet to be examined whether

self­government involving all villagers will surely solve the problems facing villages. After all, it

takes a long process to move from holding democratic elections to practicing democratic

management. ” 24

Lessons for Thailand

Internet ­ The media attention for the protests put pressure on the government. Many people took

pictures and videos and posted them online. The protests could not be ignored because of the

international uproar.

Local Government ­ If the community is divided, like in the Wukan village, the risk of wasted

effort is much higher. More representation on the local level does not guarantee more autonomy

unless they reflect the people’s needs.

Planning Ahead ­ The plan for self­governance was not as well thought out as it could have been

in Wukan. Once past the democratic elections, the energy behind the movement died down.

Finding ways to keep all stakeholders invested is important when seeking self­governance.

Conclusion/Suggestions

All the groups of people in these case studies fought hard and are continuously fighting

for the right to determine their own futures. The struggle for the right to self­governance remains

24 Zhang, Chao, and Jing Luo. "Seeking Self­Governance: From Grassroots Mobilization to Movement Mobilization: An Analysis of the Mobilization Path to Villagers’ Autonomy Based on the Wukan Case." The China Nonprofit Review7.2 (2015): 329­44. Web.

21

a widespread and international issue. These suggestions are based on historical successes,

serving as potential ideas for the community. Some themes include:

Solidarity

The strength from all of these movements has come from solidarity despite differences in

language, culture, ethnicity, class and more. If the people of Isaan want to have more control

over their community, they need to be unified as a community. This could mean reaching out to

people not already involved, making everyone feel a part of the community, and building a

shared sense of identity based on what everyone has in common. For example, Chinese villages

managed to hold local elections, but the movement still didn’t succeed because of community

divisions. The study in Scotland showed that even in a democratic society some local

governmental bodies still don’t have high involvement with local people, not because the

channels don’t exist, but because the people aren’t unified. Sadly, many of these movements

became more unified after the countless deaths of human rights defenders sparks outrage. The

key is to keep the community invested even in day to day activities, not just after a tragedy.

Internet and Media

Groups have succeeded by using the Internet to gain support. It’s no coincidence that the

number of laws passed to protect and respect indigenous peoples right to self­governance have

increased in the past 50 years during the rise of the internet and the media. Unfortunately, there

is much less content on the Internet in the native language of developing countries. This is

partially explained by the fact that many internet­users access it by their mobile phone, not a

computer, making it hard to contribute large amounts of information online. There is also a lack

of technical expertise, making effective use of the internet difficult, even with access to a

computer. Within a country, internet allows groups to mobilize and organize large amounts of 25

people for demonstrations, and to gather donations. It can also facilitate transnational activism

and spark protests around the world, exemplified in China when the Wukan protests drew

attention from a massive audience because of the internet. Transnational meetings, like the

25 Wadhwa, Kul, and Howie Fung. "Converting Western Internet to Indigenous Internet: Lessons from Wikipedia." Innovations: Technology, Governance, Globalization 9.3­4 (2014): 127­35. Web.

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conference in Oaxaca can grow out of this type of communication. It also allows for digital

forms of activism, like online petitions, email bombs, (in which a large amount of people send

emails to the same person, like a CEO), and virtual sit­ins (in which people request information

from a website so many times that it crashes). Groups might sometimes make protest websites to

compile information and document the struggle, or create alternative media to circumvent

state­censored media. Many indigenous groups have formed international networks online in 26

order to broaden support, with one example being First Peoples Worldwide with their website

firstpeoples.org. Documentaries such as the that of the Kichwa tribe from Ecuador as well as

their journey to a major conference on climate change in Paris have boosted awareness of their

struggle immensely in the past few days alone. The documentary being made about the trip to

Mexico can be a great tool for spreading information and the internet will facilitate increased

awareness.

Networks

The creation of networks is crucial to sustaining a movement. Isaan communities have

done this excellently. The New Isaan Movement and the Assembly of the Poor are great

examples of networks that have formed within the country. Transnational networks are also

crucial, and are a trademark of many successful social movements. The Zapatistas managed to

galvanize support from the Latino community in the United States. Indigenous groups across the

world are more connected than ever as development makes the stakes higher for the gaining the

right to self­govern. The Na Nong Bong community has already started to do this with the

conference in Mexico. Continuing to build these networks will help to sustain the movement.

Local Representation

In addition to gaining support from networks, many movements succeeded because they

managed to use the channels available to them to influence the government from the inside as

much as possible. Chinese communities managed to hold local elections, although it didn’t

manage to sustain the movement because the community was still divided. In the US, Apache

26 Van Laer, Jeroen, and Peter Van Aelst. "INTERNET AND SOCIAL MOVEMENT ACTION REPERTOIRES: Opportunities and Limitations." Information, Communication & Society 13.8 (2010): 1146­71. Web.

23

Natives drafted the Master Plan to get back their land and organize their community. Eventually

they took the case to court fighting for the right to their lands. Other tribes in the US have also

drafted plans for resource management, working with local government offices and lawyers.

These local government offices, similar to the TAO, had little power over the actual process of

resource management, but drafting united the community more. In Isaan, even if the powers

given to the TAO are limited, it helps increase the agency of the community by having active

members in the local government that represent the villager’s concerns and ideas.

Autonomous Structures

Successful groups have gained traction by working outside of government structures. The

Zapatista communities developed their own hospitals and schools. They developed their own

system of governance and decision­making. In the US, Native Americans have used tourism to

their advantage or other methods to raise money outside of government dependency. Na Nong

Bong has done an amazing job with the weaving co­op and community fundraising. The

Australian efforts have stalled largely because the communities were forced to be dependent on

the government for so long. Communities should focus on working through government

channels as much as possible, but they should also develop autonomy outside of government

structures. Helping to decrease dependency on the federal government gives communities more

agency.

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