Thailand: Joint Open Letter to Thai Prime Minister- Killing of HRD Chai Bunthonglek

We, the undersigned civil society organisations, express our grave concerns over the lack of transparency in investigating the killing of Mr. Chai Bunthonglek, a land rights activist and member of the Southern Peasant’s Federation of Thailand (SPFT)

Re: Killing of Mr. Chai Bunthonglek in Khlong Sai Pattana, Surat Thani, Thailand

Your Excellency,

We, the undersigned civil society organisations, express our grave concerns over the lack of transparency in investigating the killing of Mr. Chai Bunthonglek, a land rights activist and member of the Southern Peasant’s Federation of Thailand (SPFT)¹ from Khlong Sai Pattana community in Surat Thani province, who was shot dead on 11 February 2015. Despite calls from civil society groups to conduct a prompt, thorough and impartial investigation, authorities have not adequately investigated the case nor disclosed the progress of the investigation with the victim’s family.

Members of SPFT and Khong Sai Pattana community have been entangled in an ongoing land conflict with the Jiew Kang Juy palm oil company. Despite having won court cases in the Court of First Instance and the Court of Appeals against the company, they continue to face forced evictions and violence by armed personnel closely linked to the Jiew Kang Juy palm oil company. The company also continues to illegally occupy the land and pressures community members to cede possession of the land.

We received information that on 26 February 2015 the Chai Buri police in Surat Thani arrested three people in connection with Mr. Chai’s killing. However, the three were later released on bail. The progress on further investigation has not been shared with Mr. Chai’s family. Following the killing, unidentified men in black clothing were reportedly monitoring the community. Despite receiving credible threats, none of the SPFT members in the Khlong Sai Pattana community, Prem sub-community and other communities where members of SPFT reside have received protection by the government, and authorities did not intervene to investigate the source of those threats and provide adequate protection.

Mr. Chai was the fourth member of the SPFT to be assassinated after Ms. Montha Chukaew and Ms. Pranee Boonrat in 2012 and Mr. Somporn Pattanaphum in 2010. Of the previous four killings of SPFT members, two cases were brought to trial, but the defendants were later acquitted due to lack of evidence. The consistent failure to conduct comprehensive and transparent investigations has fostered impunity for crimes.

We recall that, as a State Party to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), Thailand has the obligation to respect, protect and fulfill the rights protected under these treaties. Particularly, at a time when Thailand will be under review by the UN Committee on Economic, Social and Cultural Rights in early June, we reiterate our call to address human rights violations and protect land rights and natural resources.

Finally, we wish to point out that Article 12(2) of the UN Declaration on Human Rights Defenders outlines the obligation for the State to “take all necessary measures to ensure the protection by competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.” We exhort the government of Thailand to pay serious heed to the rights of human rights defenders under the UN Declaration on Human Rights Defenders.

Source : www.forum-asia.org

1. SPFT is a network formed in 2008 to campaign for the right to agricultural land in the Khlong Sai Pattana community in Chaiburi District, Surat Thani Province and other areas in the region.