On 7 September 2016, the verdict in the landmark case of the Karen people was delivered from the Central Administrative Court in Thailand. It ruled that the authorities did not break the law in burning down six Karen plaintiffs’ properties to forcibly relocate them from the Kaeng Krachan National Park. The Asian Human Rights Commission (AHRC) is concerned that the Thai authorities failed to uphold human rights standards. It calls for effective redress for the affected communities and plaintiffs.
Addressing the Lawyers Council of Thailand, the Court handed down the ruling that the Department of National Parks, Wildlife and Plant Conservation was within its rights to burn down Karen properties in Bang Kloi village within the Kaeng Krachan National Park, in 2011. (for more information, follow this link; AHRC-PRL-019-2016). All demands of the Karen people, including compensation for the loss of their properties, were dismissed by the Court. They ordered the Department to pay compensation of 10,000 THB to each of the six Karen plaintiffs despite initial demands for 100,000 THB each. The Department has refused to pay and pledged to appeal.
In its verdict, the Court stated that the Karens had encroached further into forest land to expand their community and farms. Therefore, the Department’s decision to burn down their homes was permissible under Article 22 of the National Park Act B.E. 2504 (1961). The court also barred the community from returning to their lands, which the Karens claim was passed on to them through their ancestors. It is a fact that the plaintiffs lived in these lands all their lives before any evictions began-generations before the National Park was established in 1981. They are being led by Ko-ee, a 105 year old Karen spiritual leader.
A representative of the Karen Network for Culture and Environment and indigenous rights, put out a statement on the ruling. Positing that Karens had encroached further on forest lands, only affirms the general lack of understanding of Karen history and their sustainable, traditional way of life. To be fair, the Court should call on and seek more in-depth information from an expert witness on Karen culture. Representatives of the Karens, who live in Kaeng Krachan National Park, insist that they have the right to stay in their ancestral land. They want to continue their traditional farm rotation system which is protected by Constitutional law and the 2010 Cabinet Resolution. However, the Court concluded that the resolution does not afford rights inside National Parks.
Without a protecting domestic law, the Court further ruled that the six Karen plaintiffs could not claim their right to equality and non-discrimination under Article 5 of the UN Convention on Biological Diversity, ratified in 2003. This controversial issue is still under discussion among lawyers and academicians because the “non-discrimination” concept was recognized by the Constitution of Thailand B.E. 2550 (2007). The Constitutional Court affirmed this doctrine through verdict No. 15/2555. It says that Thailand, as state party of the Convention on the Rights of Person with Disabilities, has a duty to respect, protect, and fulfill the right to equality and non-discrimination for all people. This means that the relevant domestic laws and state actions could not be imposed, enforced, and taken against the “non-discrimination” concept which was recognized by Article 4 and 5 of the Convention.
The UN Committee on the Elimination of Racial Discrimination had expressed its concern about the increasing level of violence against the Karen people by Thai authorities in the National Park. Thailand was urged to review their relevant forestry laws while still protecting the environment. The UN sought to ensure respect for the ethnic groups’ way of life. It included their livelihoods and culture, their right to free and prior, informed consent, in decisions affecting them.
Ms.Waraporn Utairangsee, one of the legal representatives of the six Karen plaintiffs, informed the AHRC that the plaintiffs will appeal against the verdict to the Supreme Administrative Court.
The Asian Human Rights Commission strongly urges the Thai Government and relevant bodies to provide effective redress for the affected Karen people including the six plaintiffs. It is imperative that the Thai government review and amend their National Park Act and other national laws and policies to safeguard rights over their lands and territories.
