A/HRC/41/43/Add.1
discrimination set up to investigate and provide remedies for gender-based discrimination.
However, the lack of any complaints of sexual harassment or discrimination based on sex
under the 2015 Act in over two years seems to indicate that the full potential of the new law
is not being realized. The Government should therefore take additional steps to enhance
awareness of the Gender Equality Act, including its complaint mechanism.
XII. Ethnic minorities
69.
Thailand has a rich and ethnically diverse population, with ethnic minorities making
up around 15 per cent of the population. Although the Government recognizes the United
Nations Declaration on the Rights of Indigenous Peoples, it does not consider ethnic
minorities as indigenous peoples. The Government recognizes “five main language families
that belong to a total of 62 ethnic groups” (see CERD/C/THA/1-3). That includes: (a) the
Tai language family with 24 ethnic groups; (b) the Austroasiatic language family with 22
ethnic groups; (c) the Sino-Tibetan language family with 11 ethnic groups; (d) the
Austronesian or Malayopolynesian language family with 3 ethnic groups; and (e) the
Hmong-Mien language family with 2 ethnic groups. In its most recent report to the
Committee on the Elimination of Racial Discrimination, Thailand classified ethnicities into
four main groups by “geographical characteristics of locality, way of living, culture and the
condition of problems”. The main groups include (a) persons in the highlands (a population
of 1.2 million living in 3,881 villages); (b) Moken (sea gypsies); (c) Malayu-descended
Thais; and (d) other ethnic groups, including groups from the north-east or the Korat
Plateau, displaced Thais, persons who have not been included in a survey, persons with
status problems, rootless persons; and (d) alien populations (ibid.).
70.
The Government informed the Working Group about a national framework under
which the rights of people from ethnic groups were promoted and protected without
discrimination, in accordance with the International Convention on the Elimination of All
Forms of Racial Discrimination, including the 1997 Constitution, the 20-year national
strategy, the national reform plan on social issues and the plan for promoting coexistence in
a multicultural society.
71.
Overall, people from ethnic minorities live in a lower socioeconomic bracket than
other Thais. For example, those living in the north-eastern region of the country continue to
be the poorest population and suffer lower education levels and health standards. The
Government therefore needs to step up efforts to ensure that ethnic minorities are
prioritized in development strategies, policies and programmes. That would be in line with
the aspiration of “leaving no one behind” under the Sustainable Development Goals.
72.
The Working Group also learned that ethnic minorities were disproportionately
affected by large-scale development projects, with a significant negative impact on the
environment, the right to health and their livelihoods and cultural way of life. A serious
concern expressed by ethnic minorities (including the hill tribes) related to the lack of
meaningful consultation before development projects were approved and/or special
economic zones created. The Working Group was told how members of ethnic minorities
who had toiled on the land for generations, through rotational farming, were now being
regarded as trespassers and were being criminalized, harassed and intimidated.
73.
The Government informed the Working Group of its efforts to review systematically
laws, policies and measures aimed at humans living harmoniously in the forests, including
the approval of the Community Forest Act and the National Parks Act by the National
Legislative Assembly on 15 February 2019 and 7 March 2019, respectively, and the
establishment of the National Land Policy Committee.
74.
Since the life, livelihood and culture of ethnic communities is intrinsically linked to
land and natural resources, the Government’s land management and forest conservation
policies should be rooted in meaningful consultation and the participation of those
communities in decision-making processes, as set out in the United Nations Declaration on
the Rights of Indigenous Peoples.
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