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
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