Score gold by protecting activists, not mine operators

Score gold by protecting activists, not mine operators

During the years of operation, the gold mine has attracted frequent protests by local residents and activist groups. (File photos supplied)
During the years of operation, the gold mine has attracted frequent protests by local residents and activist groups. (File photos supplied)

Thai authorities and a local gold mining company have targeted and violated the rights of environmental defenders involved in opposing a gold mine in northeastern Thailand for more than a decade, a new report conducted by Fortify Rights has found.

The government should investigate and prosecute those who are guilty of attacking local community members, and provide remedies and reparations for individuals who have experienced abuse or any violations of their rights.

This community is facing ongoing reprisals for having stood up for the environment, their rights, and their livelihoods for years. The government must ensure environmental defenders can carry out their legitimate work without fear of abuse or retaliation.

A new 90-page report entitled, We Fight to Protect Our Home: Reprisals Against Environmental Defenders in Loei Province, Thailand, which is to be released Tuesday, documents 10 years of abuse against a mining-affected community in Loei's Wang Saphung district.

Issues include judicial harassment, arbitrary detention, death threats, and violations of the rights to freedom of expression, peaceful assembly, and a healthy environment. The report exposes the unchecked contamination of rivers and streams near the gold mine, as well as impunity for a coordinated, violent attack by a soldier-led masked militia against community members in 2014.

In 2007, residents of six villages surrounding a gold-copper open-pit mine operated by the Thai-registered mining company Tungkum Ltd formed the Khon Rak Ban Kerd Group (KRBKG), or People Who Love Their Homeland.

This community-based organisation advocates for the closure of the gold mine and seeks remedies for any adverse health and environmental impact found linked to the gold mine's operations. Members of the KRBKG continue to face criminal prosecution for their nonviolent and legitimate activities.

Fortify Rights conducted a three-year investigation into human rights violations and abuses against members of the KRBKG and others in the community. The report is based on 59 interviews with survivors and eyewitnesses, government officials, and others in multiple locations in Thailand.

We also monitored 22 legal proceedings brought by Thai authorities and Tungkum Ltd against environmental defenders involved in opposing the mining operations, and obtained and analysed more than 1,900 pages of evidence, including legal documents, and more than 500 videos and 1,000 photos.

The report showed Thai authorities and Tungkum Ltd targeted environmental defenders from the community, journalists, and others with costly lawsuits that infringe on basic rights. In 2017, Thai authorities initiated three criminal complaints against 14 members of the KRBKG for engaging in protest activities related to the gold mine.

The sprawling operations of the mine affect surrounding communities, which rely on farming and the national environment.

Tungkum Ltd also filed at least 19 criminal and civil lawsuits against 33 Loei residents and members of the KRBKG, as well as against a freelance journalist, between 2007 and 2017. One case involved a complaint against a local 15-year-old girl.

"This lawsuit was brought to make all the residents feel afraid to oppose the mining operations," said Suphat Khunna, a 45-year-old farmer who faces criminal charges for participating in a peaceful protest against the gold mine. "It causes worry and concern."

"These lawsuits aiming to silence critical voices must come to an end," said Sor Rattanamanee Polkla, a human rights lawyer and head of the Community Resource Centre Foundation, a non-profit organisation providing pro-bono legal aid for KRBKG members and other affected communities across Thailand.

"Tungkum Ltd and Thai authorities should end all arbitrary legal proceedings against environmental defenders, community leaders, and journalists who are carrying out legitimate activities."

The report also documents evidence of serious and unchecked environmental contamination in areas surrounding the gold mine. Government testing of local streams and rivers in Loei found unsafe levels of cyanide, arsenic, and manganese -- known by-products of gold mining processes. Tests also revealed cyanide, arsenic, manganese, cadmium, and lead in underground water supplies.

Local residents in affected communities surrounding the gold mine largely rely on farming and the natural environment for their livelihoods and sustenance. Water and soil pollution has adversely impacted their daily lives and livelihoods.

"The quality of the water changed, the water in the river smelled bad," said Wiron Ruchichaiyawat, a leader of the KRBKG. "While the mine was in full operation, the fish [in] and vegetables growing along the river died."

It's necessary that Thai authorities fully investigate and remedy potential environmental and health impacts resulting from the gold mine.

Fortify Rights also collected firsthand testimony about an alleged attempt by a local politician's driver to hire a hitman to target and kill Loei residents involved in the KRBKG, offering 500,000 baht per target. The plot, which was unfulfilled, allegedly aimed to assassinate six women and three men.

Local residents were also subject to violent attacks. On May 15, 2014, about 150 masked men armed with knives, batons, and guns surrounded the small village of Na Nong Bong and detained and attacked local residents while trucks transported ore out of the mine. Residents repeatedly called the local police for help. No one intervened.

The attack left at least a dozen residents of Na Nong Bong and surrounding villages injured and terrorised.

"I was hit on the ground, kicked, stomped, and dragged along the road," said Yon Khunna, a 47-year-old rubber farmer and resident of Na Nong Bong. "Other residents were tied together at the road where the trucks were moving back and forth. I only heard the sounds of beatings and people screaming in pain."

On May 31, 2016, the Loei Provincial Court convicted both an acting and retired army lieutenant colonel for their involvement in the attacks, sentencing them to 36 months and 24 months in prison, respectively. The court ordered damages ranging from 2,600 baht to 25,000 baht be paid to nine residents. On Sept 25, 2017, the Appeal Court upheld the convictions but increased their jail sentences to 60 months and 40 months.

Thai authorities did the right thing in holding the ringleaders of the violent attack accountable, but the process fell short of full accountability. They should fully investigate Tungkum Ltd's possible involvement, as well as the dozens of other perpetrators.

Under international human rights law, states have an obligation to protect the rights to liberty and security of a person, protect the freedom of peaceful assembly and expression, and the right to a healthy environment. The International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Declaration on Human Rights Defenders aim to protect human rights defenders in the context of their work, including their safety and security, and their rights to peaceful assembly and expression.

On Feb 12, 2018, the government declared human rights a national priority, and in March it welcomed the first visit of the United Nations Working Group on Business and Human Rights. This is an independent body of experts appointed by the UN Human Rights Council. It aims to assess the progress being made toward implementing the UN Guiding Principles on Business and Human Rights by the government and businesses in Thailand.

At the conclusion of its first official visit to Thailand in April, the working group expressed concern at the "unreasonable and unwarranted restrictions on the right of affected people to raise legitimate concerns and protest peacefully". It further called on the government to "end the recurring attacks, harassment and intimidation of human rights defenders, union leaders and community representatives who speak out against business-related human rights abuse".

Fortify Rights recommends the government repeal or amend laws and orders that are incompatible with the rights to freedom of expression and peaceful assembly, including Sections 326-328 of the 1956 Criminal Code as well as the 2015 Public Assembly Act and National Council for Peace and Order No. 3/2558. This would help ensure accountability for serious human rights violations.

Tungkum Ltd and its related business entities should drop their arbitrary legal proceedings against environmental defenders, community leaders and journalists, and take concrete steps to prevent human rights abuses.

Business has a responsibility to protect the human rights of people in affected communities, as well as human rights defenders.

The authorities, Tungkum Ltd, and other related businesses should consult with community members to ensure effective remedies for the environment and reclamation of land affected by the gold mine.


Sutharee Wannasiri is human rights specialist at Fortify Rights. Amy Smith is the executive director of the agency.

Do you like the content of this article?
COMMENT (3)