ญ not against the philosophy and principles of community rights, while those inappropriate ones must not be adopted. It was found that five rights of the “traditional indigenous communities” under the United Nations Declaration on the Rights of Indigenous Peoples can be borrowed to apply with the “community rights” as follows: (1) Right to maintain and strengthen distinctive spiritual relationship with traditionally owned or occupied and used lands, territories, waters and coa stal seas and other resources. ( 2) Right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. (3) Right to redress with just, fair and equitable compensation for the lands, territories and resources which they have traditionally owned or occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. ( 4) Right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. ( 5) Right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. Protection of the “rights of traditional indigenous communities” are more intense than that of the “ rights of minorities” because the traditional indigenous communities have unique nature having an element of being owners of the lands and living on the land long before the majority of people who came later for occupying the territories. In contrast, the minorities are protected from the discrimination by the majority. The rights that the minorities need are the same as those that the majority has. Therefore, there is no need to borrow the minorities’ rights to apply with the community rights. 1.2 Principles and concepts under domestic law From the domestic law dimension, the Constitution B. E. 2560 stipulates the rights of community in managing the natural resources and environment. Although there is no explicit connection with the international documents on “human rights”, the Constitution adopts key principles from the international documents on “environment”, by describing the sustainable development concept within such provisions as Article 43 paragraph 1 , Article 56 paragraph 1,

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