TTLA: Customary law of the Co Tu people on the use and protection of natural resources in Tay Giang district, Quang Nam province

DOCTORAL THESIS SUMMARY

Author name:Phan Thi Hoan

Thesis title:Customary law of the Co Tu people on the use and protection of natural resources in Tay Giang district, Quang Nam province

Dissertation field: History

Major: Ethnology Code: 62.31.03.10

Name of the postgraduate training unit: University of Social Sciences and Humanities - Vietnam National University, Hanoi.

1. Purpose and research objects of the thesis

1.1. Research purpose

Research on the role of customary law of the Co Tu people (in Tay Giang district, Quang Nam province) in the use and protection of traditional and current natural resources. Based on the research results, the thesis draws lessons in current resource management to contribute to sustainable community development.

2. Research subjects

The thesis focuses on studying the past and present customary laws of the Co Tu people in the use and protection of natural resources in Tay Giang district, Quang Nam province.

2. Research methods used

To solve the research purpose, the thesis uses the following basic methods:

- The main method used in the thesis is ethnographic fieldwork with tools such as participant observation, in-depth interviews, retrospective interviews, life stories, semi-structured interviews and group discussions...

- Method of synthesizing and analyzing secondary sources: This method is used to analyze and evaluate secondary documents such as theoretical works on the relationship between humans and nature, research results of previous authors on the topic of customary law on the use and protection of natural resources, statistical documents, reports, etc. It can be said that the research results of previous scholars play a very important role in building the theoretical foundation for implementing this topic.

3. Main results and conclusions

3.1. Main results

- The literature review shows that there are still few studies on customary law existing in the form of social practice - a type of customary law that still exists quite commonly in ethnic minority communities in Vietnam. With the view that this type of customary law has disappeared or has become outdated, the application of national policies on resource management often ignores community rules in the use and protection of natural resources.

- The thesis shows that the Co Tu people's previous customary law on the use and protection of natural resources plays a role in regulating the relationship between members inside and outside the village community. In tradition, this customary law is based on a rich knowledge base about flora and fauna, land, etc.; because the village institution is the highest political and social organization and is based on the worldview of "all things have animism". This worldview is the driving force that guides the behavior of members in the use and protection of natural resources.

- Integration into a unified nation, the emergence of a national resource management mechanism and state development policies have changed the economic, political, social and cultural structure of the Co Tu community in the research area. Customary law has changed from a formal institution to an informal institution in the context of state law. Changes in spatial organization, livelihoods and society have changed the rules on the use and protection of natural resources of local people. Some rules still exist, especially the rules on forest protection, but there are also rules that have faded or disappeared.

- In the face of the trend of community-based resource management, the development of market economy and the integration trend, the customary law of local communities has opportunities and faces challenges when integrating into the State's resource management institutions to achieve the goal of harmonizing sustainable development for local communities and overall sustainable development for the country.

3.2. Conclusion

- For the Co Tu community in the research area, customary law is not a rigid and imposed rule, but a behavioral standard based on the worldview of “all things are animistic”, which is respected and voluntarily followed by community members. It is also not an immutable rule but fluctuates and changes over time according to certain historical, economic-political-social contexts and still exists in today's society. That process also reflects the cultural transformation and adaptation of the local community.

- In the context of managing natural resources in ethnic minority areas, there are still views that overemphasize the power of natural science knowledge in protecting natural resources or place too much importance on economic benefits, but pay little attention to or even ignore the cultural and spiritual factors of ethnic minority communities. This is an incomplete view, which has led to many undesirable consequences. Therefore, it is necessary to respect and recognize the existence of the world view of "all things are animistic" or to respect and acknowledge the diversity in ethnic cultures. This statement is not intended to promote superstition, but rather to move towards an ecological ethics based on science, hoping that modern people will have a friendlier view of nature, building a sustainable relationship between humans and nature to protect the global ecosystem - the earth's ecosystem. That is the true value of the grateful behavior towards nature that humans need to aim for in order to maintain long-term survival in the universe. Therefore, customary law should be considered as knowledge and experience in natural resource management, a source of cultural capital and spiritual values ​​that need to be respected and preserved.

- From that perspective, it is necessary to realize the process: empowerment, raising awareness, self-awareness, and development from the community's own internal strength, because any coercion or imposition always creates resistance or confrontation. Self-learning, acceptance, and voluntary practice will promote development from within and intervention factors should only be supportive and promoting, not rigid imposition. For residents living in mountainous areas - where upstream forest ecosystems exist, sustainable livelihood development for them cannot be anything other than closely connected to the forest. It is necessary to diversify livelihood activities with specific regulations related to forests so that they can both have a stable and sufficient life relying on the forest and be able to preserve and protect the forest. This is an urgent need for the development of communities living in forest ecosystems, because the community itself is an important component and also an agent causing important changes in that ecosystem. Therefore, they should be proactive and active agents with specific rights and obligations in the use and protection of forest resources. Only then can the community develop sustainably. Therefore, the concept of "forest ecosystem" needs to be re-understood more fully, the community should not be placed outside the ecosystem, considered as an objective factor that can be controlled, manipulated, and exploited, but as an inseparable component of that ecosystem. Because they are important agents affecting natural resources through technical systems and behaviors.

SUMMARY OF DOCTORAL THESIS

The author's name: Phan Thi Hoan

Thesis title: Customary law of Co-tu people on the utilization and protection of natural resources in Tay Giang district, Quang Nam province

Scientific branch of the thesis: History

Major: Ethnology Code: 62.31.03.10

The name of postgraduate training institution: The University of Social Sciences and Humanities, Vietnam National University Hanoi

1. Thesis purpose and objectives

1.1. Thesis purpose

Research on the role of customary law in the past and present of the Cotu (Tay Giang district, Quang Nam province) on the utilization and protection of natural resources. On this basis, assess the opportunities and challenges of integrating customary law into the national management of natural resources, in order to contribute towards the goal of sustainable development.

1.2. Thesis objectives

The thesis focuses on the study of customary law in the past and present of the Co-tu people on the use and protection of natural resources in Tay Giang district, Quang Nam province.

2. Research methods

To gain research purposes, the thesis uses the following basic methods:

- The prominent research method is ethnographic method with tools such as: participantobservation, in-depth interviews, retake interviews, life stories, semi-structured interviews and group discussions. These methods are used to collect information, cross-check information related to the thesis.

- Methods of analysis, synthesis of documents: This method is used to analyze and evaluate secondary materials such as theoretical work on the relationship between people and nature, research results of previous authors on the topic of customary laws of natural resource use and protection, statistical documents, reports, ... It can be said that the results of the study of the previous scholars play a very important role in building the theoretical foundations for this thesis.

3. Major results and conclusions

3.1. The major results

- The literature review shows that there are still few studies of customary law in the form of social practice - a type of customary law still prevalent in ethnic minority communities in Vietnam. With the view that this type of law has disappeared or has become obsolete, the adoption of a national policy on resource management often ignores community rules in the use and protection of natural resources

- The thesis shows that in the context of traditional villages in Tay Giang district, Quang Nam province, customary laws on natural resource use and protection play a critical role in regulating the relationship between members within and outside the villages. The customary law which relies on diversified knowledge of animals and plants, on villages as the highest social-political institution and relies on the animism worldview. This worldview is the driving force behind the behavior of members in the use and protection of natural resources.

- The integration of national system and the implementation of development policies effect on local social-political-economic system. The customary law has become informal institution in the context of national law – formal institution. These changes cause the rules on using and protecting natural resources. The existence of rules on the use and protection of natural resources in the study area shows that customary law continues to play a role in community life. Typically the rules for the protection of the sacred forest. Besides, there are also rules that have faded, even lost, such as the rule of limited scope of access between villages, the use of tools.

- In line with the trend of sustainable resource management, as well as the development of the market economy and integrated trends, customary law of local community faces opportunities and challenges when integrating into the State's management of natural resources. This combination aims to achieve the goal of harmony between sustainable development for local communities and sustainable development for the nation.

3.2. Conclusions

- For the Co-tu community in the field of study, customary law is not a rigidly enforced regulation, but rather a norm of behavior based on the world-view of "animism," which is community members respect and obey. Customary law is not a constant rule. It has a movement, change over time depending on the historical, socio-political and social context and still exists in the present society. The process also reflects the cultural transformation and adaptation of the local community.

- Regarding the management of natural resources in ethnic minority areas, there are perspectives that place too much emphasis on the power of natural science knowledge on the protection of natural resources, respect the economic benefits, less attention or even ignore the cultural and spiritual factors of the ethnic minority community. This is a dogmatic point of view and lack of pragmatism, which has been leading to many undesirable consequences. Therefore, is important to respect and recognize the existence of animism worldview or the respect and recognition of diversity in the culture. This view is not intended to promote superstition, but rather towards a science-based ecological ethics, expecting modern humans to have a more friendly look at nature, building a sustainable human-nature relationship that protects the global ecosystem - the earth's ecosystem. This is the dignity of humanity's gratitude towards nature in order to maintain a long life in this vast universe. Therefore, customary law should be seen as an empirical knowledge in the management of natural resources, the cultural capital and the spiritual value of the community that should be respected and preserved.

- From that point of view, it is necessary to realize the process of empowerment, awareness, self-awareness, development from the internal force of the community, because all coercion and oppression always create resistance or opposition. Self-absorption, voluntary practice promoting internal growth and interventions should be motivational rather than rigid. For residents living in mountainous areas where there are upstream forest ecosystems, the development of sustainable livelihoods for them can not be anything but close to the forest. It is necessary to diversify livelihood activities with specific regulations related to forests so that they can have a stable and sufficient life and be able to preserve and protect forests. This is an urgent need for the development of communities living in the forest ecosystem, as the community itself is an important component of the ecosystem and is also the cause of significant variation in the ecosystem. Therefore, they should be the active agents with specific rights and obligations in the use and protection of forest resources. In this way, the community can develop sustainably. Therefore, the concept of "forest ecosystem" needs to be understood more fully, not to place local inhabitants away from the ecosystem as an agent that controls and exploits the natural resources. They are an integral part of the ecosystem. Human beings are important agents that influence natural resources through technical systems and behaviors. So in order to have a sustainable ecosystem, people need to take appropriate action to harmonize and balance that ecosystem.