A/HRC/43/51/Add.3 Allegations concerning the conviction of 14 land rights defenders and the imprisonment of 13 of them in connection with their resistance to eviction from their homes and lands located in the Sai Thong National Park. 472. JUA 25/09/2019 Case no: THA 8/2019 State reply: none to date Allegations concerning the enforced disappearance of Mr. Od Sayavong. 473. PR 1/10/2019 UN experts concerned by disappearance of Lao human rights defender 474. The Special Rapporteur thanks the Government of Thailand for the responses received to four out of the six communications sent in this year’s reporting period. He also expresses his gratitude for the Government’s response to THA 3/2018, a communication sent in the previous year’s reporting period. He encourages the government to respond to the remaining communications to clarify the relevant concerns. 475. Land and indigenous rights defenders faced increasing challenges in carrying out their work in Thailand during the reporting period. According to information received, the Karen indigenous peoples in Kaeng Krachan Forest Complex (KKFC) and fourteen land rights defenders in the Yae Sub-district faced major threats to their established communities from National Park officials, who through duress, intimidation, judicial harassment and in some cases physical attack on property, had their rights violated. The Special Rapporteur is grateful for the detailed and comprehensive response provided by the Government of Thailand with regards to the communication outlining the recent human rights violations committed against the Karen indigenous community. The Special Rapporteur looks forward to receiving information regarding the outcome of the investigation into the park officer by the Public Sector Anti-Corruption Commission for “wrongful and dishonest exercise of duties”. 476. The Special Rapporteur remains deeply concerned about the forced eviction of fourteen land rights defenders from Sai Thong National Park, without compensation, with thirteen of those charged with prison sentences. He regrets that no reply has been received from the Government regarding the criminalisation of these land rights defenders, and particularly in light of the concerns raised regarding abusive park officers in THA 2/2019 above. 477. The Special Rapporteur is deeply concerned for the security of human rights defenders who seek refugee status in Thailand and finds troubling the allegations of forced repatriation of human rights defenders at risk. Truong Duy Nhat, Bach Hong Quyen and Od Sayavong are three human rights defenders who sought refuge in Thailand due to the threats they faced in their home countries as a result of their human rights work. The Special Rapporteur expresses his particular concern at the alleged involvement of the authorities of Thailand in the repatriation of Mr. Truong and Mr. Quyen, particularly considering the threat of detention and ill-treatment they face in their home country, Viet Nam. The Rapporteur thanks the Government of Thailand for its response to his communication raising concerns for the safety of these two Vietnamese human rights defenders, but he is concerned by the brevity of the reply and awaits more detailed responses to the questions raised in THA 5/2019. 478. The Special Rapporteur raises his serious concern that no response was received from the Government of Thailand with regards to the alleged enforced disappearance of Lao human rights defender Od Sayavong, while under refugee status in Thailand. The Special Rapporteur is concerned that Mr Od’s disappearance is connected to his interaction with Special Procedures of the OHCHR in March 2019. He reminds the Government of Thailand that, pursuant to article 3 of the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT), it has an obligation not to expel, return or extradite a person to another State where there are substantial grounds to believe that he would be in danger of torture or enforced disappearance. 479. The Special Rapporteur thanks the Government of Thailand for the comprehensive response received to its communication THA 1/2019, which included a full reply to THA 3/2018, a communication sent during the previous reporting period. The Rapporteur appreciates the clarification provided regarding the compliance of defamation laws in Thailand with the International Covenant on Civil and Political Rights (ICCPR) and he 66

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