Judicial harassment against members of the Khon Rak Ban Kerd Group for opposing gold mine

Thailand
March 31, 2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), requests your urgent intervention in the followingsituation in Thailand.

Brief description of the situation:

TheObservatory has been informed by reliable sources about the judicial harassmentagainst members of the KhonRak Ban Kerd Group (KRBKG), a community-based group committed to defend thelocal environment from the negative impacts of the open-pit copper-gold mine,operated by the Tungkum company in Thailand’s Loei province[1].

Photo courtesy Fortify Rights International

According tothe information received, on March 30, 2016, the Loei Provincial Court dismissed a civil defamationlawsuit brought by the mining company Tungkum against Mr. SuraphanRujichaiwat, Ms. Viron Rujichaiwat,Mr. Khonglai Phakmi, Mr. Samai Phakmi, Ms. Pornthip Hongchai, and Ms. MonKhunna - six KRBKG members who are living in communities near the open-pitcopper-gold mine - for erecting signs last year at the Na Nong Bong villageentrance gate and along the main road in the village, calling for the closureof the controversial mine and rehabilitation of the localenvironment. Tungkum Ltd. was seeking 50 million Thai Baht (EUR 1,274,000) in compensation from the six KRBKG members foralleged damage to the company’s reputation.

The Observatory welcomes yesterday’s decision, butremains concerned that at least 25 other villagers who oppose the mine’soperations are still facing eight criminal and civil cases brought by Tungkum.

Tungkum has brought at least 19 criminal and civillawsuits against 33 members of the KRBKG and other villagers in the past sevenyears, including the case dismissed yesterday. Through these lawsuits, thecompany has sought a total of 320 million Thai Baht (EUR 8,156,000) from villagers who opposed the mine.

On March 10, the company dropped a separate criminaldefamation complaint against Mr. Suraphan Rujichaiwat, who was accused ofharming the company’s reputation by posting on Facebook a petition letterdemanding an investigation into the legality of the mining concession and thetransport of ore from the mine site. In that case, Mr. Suraphan faced up to oneyear in prison or a fine of up to 20,000 Thai Baht (EUR 510) under Section 326of the Thai Criminal Code as well as up to five years’ imprisonment or a fineof up to 100,000 Thai Baht (EUR 2,550) under the Computer Crimes Act.

TheObservatory expresses concern for the numerous defamation-related chargesbrought by the company Tungkumagainst villagers and members of KRBKG for defending the local environment fromnegative impacts of the gold mine, and urges the company to immediately dropall lawsuits against them.

Actionsrequested:

Please write to the authorities of Thailand asking them to:

i.Immediately and unconditionally put an end to all acts of judicial harassmentagainst all members of the KhonRak Ban Kerd Group and villagers who oppose the mine as well asagainst all human rights defenders in Thailand;

ii.Guarantee in all circumstances the physical and psychological integrity of allhuman rights defenders in Thailand;

iii. Conform with the provisions of the UN Declaration on Human RightsDefenders, adopted by the General Assembly of the United Nations on December 9,1998, especially its Articles 1 and Article 12.2;

iv. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Thailand.

Addresses:

· Prime Minister, GenPrayuth Chan-ocha, Government House, 1 Phitsanulok Road, Dusit, 10300, Bangkok,THAILAND; Fax: +66 (0) 2 282 5131

· Minister of ForeignAffairs, Mr. Don Pramudwinai, Sri Ayutthaya Building, 443 Sri Ayutthaya Road,Phaya Thai, 10400, Bangkok, THAILAND; Fax: +66 (0) 2 643 5320; Email: minister@mfa.go.th

· Minister of Justice, GenPaiboon Khumchaya, 120 Chaeng Watthana Road, Laksi, 10210, Bangkok, THAILAND;Fax: +66 (0) 2 953 0503

· Pol Gen SomyotPoompanmoung, Commissioner-General of the Royal Thai Police, 1st Building, 7thFloor, Rama I Road, Pathumwan, 10330, Bangkok, THAILAND; Fax: +66 (0) 2 2515956 / +66 (0) 2 251 8702

· Mr. Wat Tingsamit,Chairperson of the National Human Rights Commission of Thailand; 120 ChaengWatthana Road, Laksi, 10210, Bangkok, THAILAND; Email: help@nhrc.or.th

· Permanent Mission ofThailand to the United Nations in Geneva, Switzerland, Fax: + 41 22 715 10 00 /10 02; Email: mission.thailand@ties.itu.int

· Embassyof Thailand in Brussels, Belgium, Fax: + 32 2 648 30 66; Email: thaibxl@pophost.eunet.be

Pleasealso write to the diplomatic mission or embassy of Thailand in your respectivecountry.

[1] Villagers from six communities near the mine formedthe KRBKG in 2007 to advocate for a clean environment and to oppose the miningoperations. On March 7, the National Human Rights Commission of Thailandhonoured women of the KRBKG with a prestigious human rights defenders award for their role in bringing attention tocritical human rights problems in Thailand.