Urgent Appeal Case: AHRC-UAC-073-2014 

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16 May 2014

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that threats against human rights defenders working to protect their communities from the negative effects of mining in Loei province are increasing and reaching a dangerous threshold. Tungkum Limited (TKL), a subsidiary gold exploration and mining company of Tongkah Harbour Public Company Limited, has taken legal action against the Khon Rak Ban Koed Group, a group of villagers from six villages including Nanongbong, who have protested against the mining industry and the expansion of the Phuthapfa gold mine in the Loei province in North eastern Thailand. The members of the Khon Rak Ban Koed Group have battled to protect the environment and natural resources of their village and to uphold their community’s agricultural practices.

At the time of the release of this Urgent Appeal (9 am, May 16, 2014, Hong Kong), the AHRC has learned that at 10 pm on the evening of May 15, 2014, a group of approximately 100 unidentified armed men wearing black entered the village. The armed men attacked the villagers and took 30 villagers as hostages, including two of the key leaders of the struggle against the mine. The hostages were placed face down on the ground and their hands and feet were bound. The barrier that the villagers had constructed to block access to the mine was destroyed and trucks were seen transporting materials from the mine. The villagers were released at 4 am, and report being assaulted and threatened with guns as well as their hands and feet being bound. When other villagers called the police, only two police were sent to aid them, and they turned back once they saw the large number of armed men. At this time, the identity of the armed men who entered the village is not known, nor is the precise content of what they were carrying out of the mine. This information is unconfirmed and the AHRC will provide an update as we learn more information.

CASE NARRATIVE: 

According to information provided by Protection International Thailand and the Khon Rak Ban Koed Group, in 1996, the Thai Department of Mineral Resources approved Tungkam Limited’s (TKL) gold mining license applications in Wang Saphung District in Loei Province. TKL is a subsidiary of the Tongkah Harbor Public Company Limited, which has Australian and German financial support.

However, since 2009, there has been clear evidence of the detrimental effects of the mines on the health, agriculture, and livelihood of the surrounding villages. A report released in February 2009 by Thai government officials warned residents to refrain from drinking the local water or using it to cook due to elevated levels of cyanide, arsenic, cadmium and manganese. In 2009, blood tests of local people also showed that the level of toxic heavy metals far exceeded safety standards, while water, soil and farmland were found to have been contaminated with heavy metals.

On 8 February 2011, the cabinet ordered a halt to the gold mining operation in the area pending a proper study on the impacts to the local community’s health and the environment. In September 2013, a public hearing was held on the planned gold mine expansion in Wang Saphung District in Loei Province. The hearing captured media interest after local villagers were blocked from entering the hearing venue by approximately 700 police officers.

AHRC-UAC-073-2014.02.jpgThe villagers in the communities surrounding the mine in Khao Luang have suffered a myriad of consequences from the mining operation, but very few benefits. They suffer health consequences and their water is poisoned. Very few villagers are employed by the mine and they have not received any financial compensation for the negative effects they have suffered. Therefore, since 11 October 2013, the villagers have been blocking the road the mining operator uses to deliver minerals.

In response to the villagers’ action defending their rights, TKL has taken legal action. TKL has filed seven criminal and civil lawsuits against 33 villagers. TKL has sought to lay criminal charges on the villagers for trespassing and loss of property and TKL has alleged that 7 villagers trespassed on the company’s compound on 11 October 2013. The company has also taken civil action against 20 villagers. TKL has demanded compensation of 50 – 70 million Thai Baht (approximately 1.5 to 2.2 million USD) from each villager; the total amount of monetary compensation being sought by TKL is 270 million Thai Baht (approximately 8.3 million USD). AHRC-UAC-073-2014-01.jpg

Mediation between TKL and the community members has been planned for 3 June 2014 and will take place at the Loei Court. A judge from the Loei Court and the National Human Rights Commissioner, Niran Pitakwatchara, will act as mediators to bring the parties together and create a dialogue in an attempt to work out a solution to the dispute that both parties can agree upon.

Concurrent with the initiation of legal proceedings, villagers who are leading the protest against mining operations are also facing intimidation and threats.

In September 2013, a public hearing was held on the planned gold mine expansion in Wang Saphung District in Loei Province. The hearing captured media interest after local villagers were blocked from entering the hearing venue by approximately 700 police officers. The police forces were commanded by Major General Sakda Wongsiriyanon.

In October 2013, the villagers built a barricade in front of the entrance to the mining site. However, the blockades were overthrown twice by the authorities in the same month. Major General Sakda was involved, directly and indirectly, in the attempts to destroy the barricade.

AHRC-UAC-073-2014-03.jpgDuring this time, community leaders were also threatened by fake bombs planted in front of their houses. General Somyot Phumpanmuang, who was the Deputy Commissioner of Police at the time, also held a position as a director of TKL. As a result, the police were never able to ensure the security of the community members. No progress or follow up action was taken by the police in relation to the bomb threats.

Between October to December 2013, community members saw a number of strange men in their area who they believed were gunmen from the Chonburi area. To determine the identities of the men, the community members checked their car registration information. Other strange men with guns were also seen. As a result, the community arranged for four check points to prevent people from coming and destroying their barricade.

On the night of 20 April 2014, the mining operator sent a middleman to talk with the village leader, offering to withdraw three of TKL’s lawsuits against the villagers in exchange for the lifting of the barricade so that TKL could move the mined copper out from the mine.

On the morning of 21 April 2014, a convoy of trailer trucks accompanied by a number of smaller vehicles with concealed licence plates drove through the villages to the mine. Later that day, Lieutenant General Poramet Promnak entered into the house of Mr. Surapan Rujchiawat, the leader of the Khon Rak Ban Koed Group. Lieutenant General Poramet was accompanied by 15 men wearing black. Four of these men claimed to be soldiers. Lieutenant General Poramet demanded that Mr. Rujchiawat lift the barricade to allow through trucks transporting copper ore from the mine. The information from the court hearing indicates that the amount of copper ore in concern was worth 300 million Thai Baht. The villagers set up a team to check that the trucks did not contain amounts in excess of that allowed by the law and also to prevent people from coming to threaten the leaders.

BACKGROUND INFORMATION: 

On 23 April 2014, Mr. Pramote Pansit, the son of the management director of TKL, telephoned Ms. Samai Pakdee, one of the members of the Khon Rak Ban Koed Group asking to negotiate. Lieutenant General Poramet Promnak also called to ask for a follow up meeting but later cancelled the meeting after learning that Mr. Pramote Pansit had already called.

Mr. Pansit’s proposal offered the villagers 20% of TKL’s shares in the mine and that the company’s profits will be shared with the locals through a fund. TKL also agreed to conduct their mining operations without the use of cyanide in gold and would allow six of the village residents to monitor the mining operations at any time.

Mr. Thanawat Timsuwan, the head of the Loei Provincial Administrative Organization (PAO) has appointed himself as a broker to buy copper ore from TKL. He has offered to give 5% of the profits to the local community in exchange for transporting the products of the mine over public roads. This would involve the destruction of the barricade and rebuilding it after the transportation is completed. A representative acting on behalf of the villagers in the negotiations set a number of conditions prior to the negotiations. The representative sought guarantees from TKL that it will not transport any copper prior to the negotiations. TKL were to disclose their buyers and show the agreements between TKL and their intended and actual buyers. TKL were also asked to show the licences approved by the agencies involved. TKL’s representative at the negotiations was also asked to bring a letter of authorisation to show that he had the power to act and make decisions on behalf of TKL.

ADDITIONAL INFORMATION: 

There are close links among the military, local authorities and private capital figures involved in mining in Loei. Currently, both Mr. Thanawat Timsuwan and Major General Sakda Wongsiriyanon act as consultants to the Sermthappaisan Companies Group. Lieutenant General Poramet Promnak has also claimed that he has close ties with the Timsuwan family. The Timsuwan family has strong influence over the mines in the province and has been accused of being involved in the murder of Mr. Prawiean Bunnuk, the leader of a teacher’s association who struggled against stone mining 19 years ago. Given the broader atmosphere in which the status of human rights and the rule of law are at stake in Thailand, the AHRC wishes to stress that it is essential that the rights of the members of the Khon Rak Ban Koed Group and the villagers in the area affected by mining in Loei province are protected. The AHRC is concerned that the growing crisis at the national level in Thailand and the compromised position of independent organizations may create a political vacuum in which the violation of rights is facilitated and securing protection and accountability are more difficult. This case recalls the series of cases of intimidation and assassination of community and environmental activists which took place ten years ago in which close ties between state officials and private capital left HRDs with few avenues of protection (See “Appendix I: Collusion and influence behind the assassinations of human rights defenders in Thailand”). The AHRC calls on concerned parties to take action on behalf of the HRDs fighting against the negative effects of mining in Loei province as well as to continue monitoring this case closely.

REQUESTED ACTION: 
Please write letters to the authorities below, asking them to take action to protect the rights of the human rights defenders and other villagers in Loei.

Please note that the Asian Human Rights Commission has written letters to the UN Special Rapporteure on Situation of Human Rights Defenders and the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment seeking their urgent intervention in this case.

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SAMPLE LETTER: 

Dear …………….,

THAILAND: Protect human rights defenders fighting corporate mining in Loei province 

Victims: Villagers from six villages including Nanongbong, who have protested against the mining industry and the expansion of the Phuthapfa gold mine in the Loei province in North Eastern Thailand
Alleged perpetrators: 
1. Tungkam Limited’s (TKL)
2. Royal Thai Army
Date of incident: Since February 2009 to 16 May 2014
Place of incident: Loei province in North Eastern Thailand

I am deeply disturbed to have learned that threats against human rights defenders working to protect their communities from the negative effects of mining in Loei province are increasing and reaching a dangerous threshold. Tungkum Limited (TKL), a subsidiary gold exploration and mining company of Tongkah Harbour Public Company Limited, has taken legal action against the Khon Rak Ban Koed Group, a group of villagers from six villages including Nanongbong, who have protested against the mining industry and the expansion of the Phuthapfa gold mine in the Loei province in North eastern Thailand. The members of the Khon Rak Ban Koed Group have battled to protect the environment and natural resources of their village and to uphold their community’s agricultural practices.

Given the broader atmosphere in which the status of human rights and the rule of law are at stake in Thailand, I would like to stress that it is essential that the rights of the members of the Khon Rak Ban Koed Group and the villagers in the area affected by mining in Loei province are protected. I am concerned that the growing crisis at the national level in Thailand and the compromised position of independent organizations may create a political vacuum in which the violation of rights is facilitated and securing protection and accountability are more difficult. In particular,

I would like to urge:
1. The Commander-in-Chief of the Royal Thai Army investigate and discipline the group of soldiers involved in the threats, intimidation and harassment that have been made on villagers and their leaders.
2. The Commissioner General of the Royal Thai Police to investigate the performance of local authorities for failing to address bomb threats against the villagers. It is paramount that the police actively protect the villagers and HRDs involved in the case.
3. The Department of Special Investigation, Ministry of Justice to investigate the purchase and sale of minerals by TKL. The Department is urged to implement security and protective measures to ensure the safety of members and leaders of groups who protest against mining companies.
4. The Subcommittee on Civil and Political Rights at the National Human Rights Commission to immediately investigate violations of the rights, including the human rights, of the community and the threats, intimidation and harassment that have been made on the villagers and their leaders. The NHRC should also coordinate with relevant local authorities, including the governor of Loei, to ensure the safety of all HRDs involved in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO: 

1. General Prayuth Chan-ocha
Commander-in-Chief
c/o Royal Thai Army HQ Ratchadamnoen
Nok Road Bangkok 10200
THAILAND

2. Police General Adul Saengsinkaew
Commissioner General
Royal Thai Police
1st Bldg, 7th Floor Rama I, Patumwan Bkk 10330
THAILAND
E-mail: feedback@police.go.th

3. Mr. Tharit Phengdit
Director-General
Department of Special Investigation
128 Chaeng Wattana Road
Laksi Bangkok 10210
THAILAND
Email: tharit@dsi.gov.th

4. Dr. Niran Pitakwatchara
Chairperson, Subcommittee on Civil and Political Rights
Commissioner, National Human Rights Commission
The Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary 5th December, B.E.2550 (2007), Building B 120 Moo 3
Chaengwattana Road
Thoongsonghong, Laksi Bangkok 10210
THAILAND
E-mail: niran@nhrc.or.th

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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