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Environmental rights group charged for holding a peaceful gathering against mining activities

Status: 
Acquitted
About the Situation

On 19 April 2018, Loei Provincial Court acquitted seven women human rights defenders, Pornthip Hongchai, Wiron Ruchichaiwat, Ranong Kongsaen, Mon Khunna, Suphat Khunna, Bunraeng Srithong and Lumplearn Ruengrith, who had been charged on 25 July 2017 with violating the Public Assembly Act and intimidating public officials.

 

About Khon Rak Ban Kerd Group

khon_rak_ban_kerd_group.jpegKhon Rak Ban Kerd Group, which translates as “People who love their home”, is a community-based group working to address environmental rights violations arising from the negative impacts of the open-pit copper-gold mine in Thailand’s Loei province. It has held several peaceful gatherings in the area. Its members have repeatedly been targeted with judicial harassment, both from the mining company Tungkum. Co Ltd as well as from local authorities.

25 April 2018
Seven women human rights defenders acquitted of charges resulting from participating in a peaceful gathering

On 19 April 2018, Loei Provincial Court acquitted seven women human rights defenders, who had been charged on 25 July 2017 with violating the Public Assembly Act and intimidating public officials.

Pornthip Hongchai, Wiron Ruchichaiwat, Ranong Kongsaen, Mon Khunna, Suphat Khunna, Bunraeng Srithong and Lumplearn Ruengrith are all members of Khon Rak Ban Kerd Group, a community-based group working to address environmental rights violations arising from the negative impacts of the open-pit copper-gold mine in Thailand’s Loei province. They had been indicted for their involvement in a peaceful gathering held on 16 November 2016 to protest  the extension of a gold mining concession on preserved forest land to Tungkum Co Ltd.

The Loei Provincial Court dismissed both charges on the grounds that the human rights defenders had not staged a protest; they were merely attending a public hearing organised by the Khao Luang Subdistrict Administrative Organisation (SAO). Regarding the charge of intimidating public officials, witnesses, including SAO staff, said there was never any indication that the women had intended to be intimidatory. The judge stated that the human rights defenders were exercising their freedom of expression and that their actions were aimed at protecting their community, which would have been damaged by Tungkum Co Ltd’s activities.

Three of the seven women charged – Wiron Ruchichaiwat, Pornthip Hongchai and Mon Khunna – had previously been targeted by a defamation lawsuit brought by Tungkum Co Ltd. Loei Provincial Court dismissed this case on 30 March 2016.

Front Line Defenders welcomes the acquittal of the seven human rights defenders as it believes they were targeted for their peaceful and legitimate human rights work. 

26 July 2017
Environmental rights group charged for holding a peaceful gathering against mining activities

On 25 July 2017, seven human rights defenders belonging to the Khon Rak Ban Kerd Group (KRBKG) were charged in Thai Northern province of Loei for allegedly violating the Public Assembly Act and intimidating public officials. Pornthip Hongchai, Wiron Ruchichaiwat, Ranong Kongsaen, Mon Khunna, Suphat Khunna, Bunraeng Srithong and Lumplearn Ruengrith were indicted for their involvement in a peaceful gathering held on 16 November 2016 to protest against the extension of a gold mining concession on preserved-forest land to Tungkum. Co Ltd. The preliminary hearing on the case is set to be held in Loei Provincial Court on 11 August 2017.

Download the Urgent Appeal (PDF)

On 25 July 2017, Loei’s Provincial Office of Attorney approved the indictment of Pornthip Hongchai, Wiron Ruchichaiwat, Ranong Kongsaen, Mon Khunna, Suphat Khunna, Bunraeng Srithong and Lumplearn Ruengrith under the Public Assembly Act. According to the police, the women did not inform the authorities about a gathering they held on 16 November 2016 in front of the Wang Saphung District Administration Office, in Loei province. Between 100 and 200 community members gathered peacefully to protest  a local meeting held to authorise the concession of protected land for gold mining to Tungkum. Co Ltd. Members of the local administrative council subsequently called off the scheduled meeting and filed a complaint with the police.

The indictment comes only a few days after the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed serious concern that women human rights defenders (WHRDs) in Thailand, particularly those advocating for land rights and the protection of the environment, have increasingly become targets of lawsuits, harassment, violence and intimidation by authorities and business enterprises due to their work.

The land and environmental rights defenders are all from villages located in the Wang Saphung District, where there has been a long-standing dispute between local communities and open-pit mining operator Tungkum Co. Ltd. Three of the seven women charged – Wiron Ruchichaiwat, Pornthip Hongchai and Mon Khunna – had previously been targeted by a defamation lawsuit brought by Tungkum, until the Loei Provincial Court dismissed the case on 30 March 2016.

The preliminary hearing on the case is set to be held in Loei Provincial Court on 11 August 2017. If found guilty, the seven human rights defenders could each face a fine of 10.000 baht (about 250 euros).

Front Line Defenders condemns the judicial harassment of human rights defenders Pornthip Hongchai, Wiron Ruchichaiwat, Ranong Kongsaen, Mon Khunna, Suphat Khunna, Bunraeng Srithong and Lumplearn Ruengrith, which it believes is solely motivated by the legitimate exercise of their freedom of expression, as well as their freedom of peaceful assembly and association in Loei Province.

Front Line Defenders urges the authorities in Thailand to:

1. Immediately drop all charges against Khon Rak Ban Kerd Group members Pornthip Hongchai, Wiron Ruchichaiwat, Ranong Kongsaen, Mon Khunna, Suphat Khunna, Bunraeng Srithong and Lumplearn Ruengrith, as it is believed that they are solely motivated by their legitimate and peaceful work in defence of human rights;

2. Guarantee in all circumstances that all human rights defenders in Thailand are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions, including judicial harassment.