Community Land Title Deeds May Be Issued

7 May 2010

The long struggle for indigenous groups in Thailand’s highlands to be granted communal rights to their traditional lands is expected to be settled for at least 30 communities.  According to media reports, these 30 communities comprise the first among many that may realize their rights to land and livelihood.

Although communities and their advocates have been pushing for community land deeds for years, it is only the Abhisit Vejjajiva government that has pushed to start granting these deeds. 
The Council of State had reportedly accepted and passed the draft legislation to Cabinet for its endorsement later in the month.

A committee comprised of state agencies and community representatives was assembled to draft the legislation.

The draft provides community titles for idle state land, but such land cannot be sold.  In many instances, state land was declared as such decades earlier, without much consideration to the indigenous communities that have resided and sustained themselves in the forests and land for generations.  Communal or community land title deeds will provide a specific community with the right to use the land.

There have been complaints, however, that in the current draft, a clause has been removed that would have allowed communities the right to their land for a 30 year period.  Instead, communities will have to renew their rights every year.

There has been much controversy with the issuance of these land titles, with representatives from the National Parks Department suggesting that such titles do not agree with existing laws on encroachment of protected forests.

Thailand Responds to Inclusion on US IP Watch List

4 May 2010

Much to its dismay, Thailand has remained on the United States’ Intellectual Property Priority Watch List (PWL).  The PWL monitors the status of its trading partner’s commitment to protecting intellectual property rights and working against copyright infringement.

Released last Friday, the report left Thailand to remain on the PWL, instead of the anticipated upgrade in its status to Watch List (WL).  Remaining on the PWL means Thailand is still subject to increased duties on exports to the US.

Deputy Commerce Minister Alongkorn Ponlaboot expressed his disappointment with the ranking and intends to send a letter to the US Trade Representative. He felt Thailand had made great improvements in their protection of IP rights, including by becoming a member of the Patent Cooperation Treaty, and passing a law to protect copyright while showing films in cinemas.

Thailand will, however, be included on the US Trade Representative’s “out-of-cycle” review, which means Thailand could be reviewed and have its status upgraded within this year.

BoI to Allow Foreign Workers?

4 May 2010

The Thailand Board of Investment (BoI) is considering whether to allow its promoted projects to use foreign labor.  Normally the BoI’s promoted projects only employ local labor.  But given an estimated deficit of 300,000-500,000 local workers, the BoI is debating whether to review their relevant policies.

There is concern that without an adequate number of workers, developers would seek out other countries that could guarantee a work force, an industry source reportedly said. Despite this concern, no major investor has cancelled its projects in Thailand.