The World Heritage List according to The Convention Concerning the Protection of the World Cultural and Natural Heritage 1972 : The Case Study of Kaeng Krachan Forest Complex

Abstract

Mindful of the importance to safeguard the identity and value of cultural and natural properties so that they can be preserved as heritage for all mankind, Thailand has ratified the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage in 1987. The Convention has set out the rule and regulation for State Parties to nominate the names and potential sites in their country which can be considered for inscription of the World Heritage List through the system and mechanism prescribed by the Convention. In the past, Thailand had nominated important sites of which five of them were listed as the World Heritage – three as the World Cultural Heritage and two as the World Natural Heritage. Kaeng Krachan Forest Complex was the latest site nominated by Thailand for adding to the World Heritage List. However, the nomination was opposed by the World Heritage Committee due to concerns over the conflict at the Thai-Myanmar border. The conflict was caused by lack of understanding between the state agencies and Karen minority group on the point concerning the latter’s inhabitancy in the heart of Kaeng Krachan Forest Complex. The Karen minority group has originally been living there for a long time. The conflict lasted for over ten years. Eventually, the Kaeng Krachan Forest Complex was successfully added to the World Natural Heritage list at the 44th Ordinary Session of the World Heritage Committee in 2021 based mainly on the forest complex’s outstanding qualification on biodiversity.

But although the listing of Kaeng Krachan Forest Complex had gained success, what the State should be fully aware are the points on respecting the cultural right which is part of human right, community right and ethnic minority group right issues in the context of international and domestic law, as well as on the review of provisions in the Community Forest Act in a bid to support an ideal principle on “People and Forest Living Together” and enhance good relation with original ethnic groups living in the world heritage site reckoning them as part of the World Natural Heritage as well.