284 IWGIA THE INDIGENOUS WORLD 2014 THAILAND The indigenous peoples of Thailand live mainly in three geographical regions of the country: indigenous fisher communities (the Chaoley) and small populations of hunter-gatherers (the Mani) in the south of Thailand; small groups on the Korat plateau of the north-east, and in eastern Thailand, especially along the border with Laos and Cambodia; and the many different highland peoples in the north and north-west of the country (the Chao-Khao). With the drawing of national boundaries in South-east Asia during the colonial era and in the wake of decolonization, many indigenous peoples living in remote highlands and forests were divided. There is thus not a single indigenous people that resides only in Thailand. Nine ethnic groups are officially recognized as so-called hill tribes : the Hmong, Karen, Lisu, Mien, Akha, Lahu, Lua, Thin and Khamu. 1 However, there is no comprehensive official census data on the population of indigenous peoples. The most often quoted figure is that of the Department of Welfare & Social Development. According to this source, there are 3,429 hill tribe villages with a total population of 923,257 people. 2 Obviously, the indigenous peoples of the south and north-east are not included. A widespread misconception regarding indigenous peoples, particularly those who live in highland areas is that they are drug producers and pose a threat to national security and the environment. This has historically shaped government policies towards indigenous peoples in the north and west of Thailand. Despite some positive developments in recent years, it continues to underlie the attitudes and actions of government officials. These include the non-recognition of indigenous peoples, and policies and programmes that are violating indigenous peoples rights, such as natural resource management and environmental conservation policies. Thailand has ratified or is a signatory to the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Racial Discrimination (CERD), the
EAST & SOUTH EAST ASIA 285 Universal Declaration of Human Rights and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). 3 4 2 1 1. Kaeng Khachan National Park 2. Nonthaburi province 3. Tak Province 4. Kanchanaburi province
286 IWGIA THE INDIGENOUS WORLD 2014 Status of the implementation of the UNDRIP and work plan for the indigenous peoples movement In 2013, Thailand s indigenous peoples celebrated Indigenous Peoples Day for the sixth time. Various activities took place, such as an exchange of indigenous art and music, the sale of indigenous goods (agricultural products, foods, herbal medicines, etc.), exhibitions and discussions. The main aims of the celebration were to share information, follow up on policies and issues relating to indigenous peoples and strengthen solidarity among them. The focus, however, was on an assessment of the progress in implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Thailand. Participants in Indigenous Peoples Day agreed that, since the adoption of the UNDRIP by the UN General Assembly in 2007, the Thai government had paid very little attention to promoting indigenous peoples rights. It was found that one of the main reasons was that the state has consistently denied the existence of indigenous peoples in Thailand. To overcome such a hurdle, it was recommended that existing indigenous peoples networks be strengthened and an organisation created that would be able to coordinate with the government and international organisations, i.e. an indigenous peoples council. It was agreed that in order to achieve the establishment of the Council of Indigenous Peoples of Thailand (CIPT), there was a need for a joint strategic work plan. The basic components proposed and agreed on by the participants of the Indigenous Peoples Day celebrations included: (1) strengthening local indigenous organisations; (2) developing an information system that can link with both internal and external organisations and networks; (3) seeking partnerships and alliances with like-minded organisations; (4) identifying and supporting existing indigenous peoples council models at the local level; and (5) advocating for policy change. Government initiative for a strategic development plan for ethnic groups and indigenous peoples In 2011, the Ethnic Affairs Institute (EAI), under the Department of Social and Welfare Development, Ministry of Social Development and Human Security, took the initiative to develop a specific strategic development plan for ethnic groups
EAST & SOUTH EAST ASIA 287 and indigenous peoples. A working group was established and tasked to draft this plan. Its members comprise representatives from government agencies, academia, ethnic groups and indigenous peoples leaders. 3 A draft plan was completed in April 2013 and, in June, the EAI conducted a public consultation workshop on the draft strategic plan in Nonthaburi Province, with around 1,000 participants from various ethnic groups across the country. The workshop went well, with the full and effective participation of all who attended. Comments were made and amendments proposed as to how the strategic plan could better address the needs of indigenous peoples, such as strengthening their organisations and networks, protecting and promoting indigenous peoples rights and identity, improving their quality of life and food security, etc. The strategic plan is currently being finalised by the EAI and will be tabled for consideration and approval by the new cabinet. Unclear solutions for evicted Karen community Cases of human rights violations that indigenous peoples have faced over the past years have still not been resolved. These include the eviction of Karen communities from Kaengkhachan National Park (see The Indigenous World 2013). The eviction of Karen communities from Kaengkhachan National Park in 2010 and 2011 has clearly proved that the government s relocation policy, under the Department of National Park, Wildlife and Plants Conservation (DNP), is a total failure. Almost three years on, the affected families have still not received fair compensation or adequate support. They are still living in very poor conditions with no land for farming. Many of them have therefore decided to go back to their original homeland. In early February 2014, the Karen Network for Culture and Environment, together with supportive allies, established a community rice fund to assist these affected families. Rice donations from individuals and communities were collected and transported to the resettlement site. This is, however, only a short-term solution for addressing the current emergency. Implementation of cabinet resolutions In 2010, the cabinet passed two resolutions to restore the traditional livelihoods of the Chaoley 4 and Karen people respectively (see The Indigenous World 2011).
288 IWGIA THE INDIGENOUS WORLD 2014 One of the proposed solutions under these cabinet resolutions, and which is critical for the indigenous peoples concerned, is the recognition and designation of special social and cultural zones for indigenous peoples. This represents a holistic approach to tackling the long-standing problems that indigenous peoples are facing as it will cover all issues, e.g. land, livelihoods and spiritual values. This is considered a new concept by the government and it seems it may take some time for the agencies concerned to digest it and concretely implement it. A few places have thus far been chosen to pilot this concept among the Karen, such as Mawwakee school in Maewang district, Chiang Mai Province, Hin Laad Nai village in Chiang Rai, Lay Tong Ku village in Tak Province and Rai Wo sub-district in Sangklaburi district, Kanchanaburi Province. However, actual implementation of work plans and activities on the ground has progressed little in this regard due to a lack of funding and political will on the part of the government agencies concerned. The long-standing and pressing problems that the Chaoley face therefore and above all remain unresolved. These include: 1. Loss of land: 28 out of 41 Chaoley communities are still struggling to reclaim their traditional lands, which were taken by the state and private companies. 2. Loss of traditional livelihoods: many areas where Chaoley used to fish to feed their families were taken away and designated for tourism promotion. In addition, the declaration of marine national parks that overlap with their traditional fishing areas has caused conflict between Chaoley and national park officers. This can be seen from the court cases between 2010-2012, which have not yet been resolved. 3. Loss of culture and identity: many cemeteries and ceremonial sites of the Chaoley were invaded and expropriated to build tourist resorts and hotels. More than 15 such sites are under threat. 4. No citizenship rights: around 600 members of Chaoley communities have not yet received Thai citizenship. This has deprived them of access to basic healthcare and other government services, and made them vulnerable to exploitation by outsiders.
EAST & SOUTH EAST ASIA 289 Notes 1 Ten groups are sometimes mentioned, i.e. the Palaung are also included in some official documents. The directory of ethnic communities of 20 northern and western provinces of the Department of Social Development and Welfare of 2002 also includes the Mlabri and Padong. 2 The figure given is sometimes 1,203,149 people, which includes immigrant Chinese in the north. 3 In Thailand, the term indigenous peoples has not yet been officially recognized. Some groups (mainly those who live in lowland areas) prefer to use the term ethnic group, while highland people and Chaoley prefer to use the term indigenous peoples since it better represents their identity as distinct peoples. 4 Chaoley is a generic name representing three indigenous groups, namely Moken, Moklan and U-rak-la-woy. Kittisak Rattanakrajangsri is a Mien from the north of Thailand. He has long experience (since 1989) of working with indigenous communities and organizations. He is currently General Secretary of the Indigenous Peoples Foundation for Education and Environment (IPF) based in Chiang Mai, Thailand.