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The murder of human rights defender, Charoen Wat-aksorn, an opponent
of the Bo Nok power plant project on the night of 21 June 2004 has
brought into focus the systematic and continuing killings of the
human rights defenders in Thailand. Members of four Senate panels
on social development and human security, foreign affairs, environment,
and justice are scheduled to travel to Tambon Bo Nok today i.e.
30 June 2004 to investigate the land grab allegations. In the meanwhile,
the police claimed to have arrested a suspect on 29 June 2004 for
the murder of Choren Wat-aksorn.
Charoen Wat-aksorn led the Love Bo Nok Group against construction
of two coal-fired power plants for the last seven years. He was
shot dead on his way home after testifying before the Senate committee
on social development and human security and the House committee
on counter- corruption on the alleged malfeasance of local land
officials. He had accused the officials of trying to issue title
deeds covering 53 rai of public land in tambon Bo Nok of Muang district
to Phuan Wanwongsa, allegedly for a local ''influential person''.
He also accused many government officials and influential figures
of encroaching on public land.
Earlier, on 12 March 2004, Somchai Neelapaijit, a Muslim lawyer disappeared
after he offered legal aid for Muslim men accused of involvement
in the 4 January 2004 weapons theft in Narathiwat. Mr Somchai had
learned the suspects were tortured by police during their interrogation
and threatened to expose it. Although five suspected policemen have
been arrested, Neelapaijit’s whereabouts are still unknown or his
body was recovered. On 9 June
2004 the criminal court released four suspects, Lt Colonel Sinchai
Nimpunyakhamphong, Major Ngern Thongsuk and Corporal Randorn Sithikhet
of the Crime Suppression Division and Sergeant Chaiyaweng Phaduang
of the Tourist Police Department thereby raising questions about
their influence in the investigation and prosecution.
The Special Representative of the Secretary-General
on the situation of human rights defenders, Hina Jilani in her report
to the 60th Session of the Commission on Human Rights
after the visit to Thailand from 19 to 27 May 2003 stated that defenders
who seek to raise concern with regard to the economic, social and
cultural rights implications of a planned activity by individuals
or companies from the private sector have reportedly been “killed,
attacked, sent death threats, intimidated, placed under surveillance,
arrested and detained by the police, and had civil and criminal
court cases filed against them by both private actors and the State”.
In almost all these instances, there was collusion between wealthy
private-sector actors and local authorities.
Since
Prime Minister Thaksin Shinawatra took over in January 2001, sixteen
community leaders, community rights activists
or environmentalists have been killed.
30 January 2001: Jurin Ratchapo of tambon Pa Khlok in Phuket's Thalang
district was gunned down after campaigning against the destruction, by a private-sector
company, of mangrove swamps filled with nesting birds. The trial of two suspected gunmen
is proceeding.
28 June 2001: Suwat Wongpiyasathit, an environmental activist opposing
the creation of foul-smelling rubbish dump which was a health
risk to the villagers near Samut Prakan in Bangplee district by a private-sector company was
shot dead outside a grocery shop while talking to friends. The next
day he was due to meet
with a Senate environmental committee.
1 May 2001: Narin Phodaeng, former chairman of a conservationist
group in Khao Cha-ang Klangthung in Rayong's Khao Chamao sub-district
was shot dead for opposing a rock quarry owned by a local politician.
Nobody has been arrested in the case.
17 May 2001: Pithak Tonwut, a leader of the Environment Conservation Student’s Club
of Ramkhamhaeng University and adviser to the Chompoo river basin
villagers,
was shot dead for leading the villagers against a rock quarry owned
by a national-level politician in a forest reserve in Phitsanulok's
Noen Ma Prang district. Two men were arrested but acquitted by the
provincial court.
21
May 2001: Chaweewan Pueksungnoen, a member of the Na Klang tambon
administration organisation, was shot dead for resisting a construction
project involving local influential figures and corrupt officials.
Nobody was arrested.
July 2001: Somporn Chanapol, leader of the Environmental Conservation Group of the
Kratae river basin
in Surat Thani's Kanchanadit district was shot dead after he resisted
the building of a dam.
20
June 2002: Kaew Binpanma
of Chiang Mai's Doi Lo sub-district was shot dead, believed to the
result of a land dispute.
2
September 2002: Boonsom Nimnoi, who headed a protest against a plantation
project in Phetchaburi's
Ban Laem district, was killed by unknown assailants.
27
September 2002: Preecha Thongpaen was shot dead after opposing a
waste treatment project in Thung Song district of Nakhon Si Thammarat.
15 December 2002: Boonrit Channanrong was shot dead after protesting
against the illegal trade in logs taken from Kaeng Krung National
Park in Tha Chana district of Surat Thani by state officials.
20 December 2002: Boonyong Intawong, a community leader from the Wieng
Chai District of Chiang Rai was killed for opposing the Doi Mae
Ork Roo quarry project.
1 February 2003: Khampan Suksai, a village chief from Chiang Mai's
Chiang Dao district, was shot dead after opposing encroachment on
a community forest.
4 February 2003: Chuan Chamnankit, a community leader who fought
the spread of drugs, was shot dead in Chawang district, Nakhon Si
Thammarat.
25 May 2003: Samnao Srisongkhram,
chairman of a conservation group protecting the Nam Phong river
basin in Khon Kaen, was killed.
Indigenous
rights defenders
The indigenous rights
activists have also been target. The Special Representative reported
that in some districts police officers had compiled a “blacklist”
of individuals, including community and hill tribes leaders, who
had been critical of the police human rights record and used this
list as the basis for their action to meet a quota under the anti‑drugs
campaign that led to killing of about 3,000 people in 2003.
Ms. Nasae Yapa,
a founding member of the hill tribes network, AITT, was arrested
and detained after local police allegedly planted drugs in
her home. In a police raid of the village of Huay ieng
Sang Moo, in Chiang Mai, on 26 April 2002, the police allegedly
planted drugs in the homes of five defenders working with AITT. Wiwat Tamee, a human rights
defender who has worked with AITT, and who is a member of the Lisu
ethnic group and coordinator of a study on the impact of the drugs
campaign on the rights of ethnic groups, reportedly attempted to
submit a petition complaining about the campaign to ministers from
Thailand, Myanmar, the Lao People’s Democratic Republic, China and
India who were meeting in Chiangrai on 24 July 2003 to discuss
progress in ending drug trafficking.
On 22 July 2003 he reportedly received threatening phone
calls in Chiang Mai from police officers.
On the same day, his wife was reportedly visited at their
home by a drug suppression police officer and other officers from
outside the regional police force who questioned her about the petition
and her husband’s activities. As a consequence,
defenders are afraid to comment on the practices of security forces
and their capacity to monitor human rights is limited.
On 14 July 2002
Chutima Morlaeku, coordinator of the Association of Inter-Mountain
Peoples Education and Culture in Thailand was reportedly arrested
at Chiang Mai Airport and her home searched.
In its comments, the Government denied that Chutima Morlaeku
had been arrested and maintained that the search of her house was
conducted in accordance with the law. The Community Forest Network reported that,
after they set up roadblocks to prevent access by private-sector
loggers to the forests in which they live, armed men came into the
community in August 2002 and shot and injured a defender.
Legal
harassment
In addition to physical
threat, the government and private sectors mis-use the law to harrass
and intimidate human rights defenders. According to information provided to
the Special Representative, there were approximately 560 cases pending
before the courts with regard to members of the Assemblies of the
Poor and 118 arrest warrants outstanding against members of the
Northern Peasant Federation (NPF), detailing 996 criminal and civil
charges. In
May 2002, in Lampoon Province, committee members of the NPF were
arrested with one defender reporting 42 civil and criminal cases
outstanding against him. Another NPF member described his assistance
to farmers in gathering information, negotiating and contacting
the law society, the media and the Government. He
reported that 54 criminal lawsuits and 10 civil suits had been filed
against him on charges of trespassing and destruction of property.
Thailand has become a police state and there is growing intolerance. As the Special Representative on Human Rights Defenders noted, “There is
limited acceptance among some authorities of the concept of peaceful
dissent and of the fact that the critical role of defenders is a
component and criteria by which the health of a democracy must be
judged.” Even a member of National Human Rights Commission of
Thailand was criticized publicly by the Government after he expressed
grave concern at alleged violations committed during the Government’s
anti-drugs campaign. The concerned member of the NHRC subsequently
received anonymous death threats in March 2003.
Unless the government of Thailand take effective measures to prosecute those
who attack, maim and kill human rights defenders and implement the
recommendations made by the Special Representative on Human Rights
Defenders (E/CN.4/2004/94/Add.1), activisms will continue to be
risky, state will become more authoritarian and unaccountablye and
the nexus between
wealthy private-sector actors and local authorities will flourish.
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