“These
cases typify the egregious use of criminal defamation in Thailand to
silence critics and human rights defenders,” said Amy Smith, Executive
Director of Fortify Rights. “Ironically, the company is damaging its own
reputation by pursuing criminal defamation charges against a child and
the media. They should drop the complaints immediately.”
On September 1, 2015, Thai PBS aired a citizen-journalist
news clip
about a youth camp that was raising awareness about environmental
protection in Wang Sa Pung District, Loei Province. A 15-year-old
schoolgirl who attended the youth camp narrated the Thai PBS news clip,
in which she alleged six villages in the gold mining area “have been
environmentally affected from the gold mining industry.” She went on to
say that “the River Huay has been contaminated,” and “villagers cannot
use it for drinking or household consumption.”
On September 12, 2014, the Royal Thai Government submitted an
official communication
to the United Nations Office of the High Commissioner for Human Rights
stating that a committee of government engineers and environmental
experts found that water surrounding the Tungkum Ltd. mining operation
was contaminated with cyanide, cadmium, and manganese. The Thai
government further stated that “the cause of the contamination was
unclear as, according to the geologists’ opinion, the area is also known
to be covered by volcanic activities in the past.”
On November 12, 2015, Tungkum Ltd. filed charges of criminal defamation
under the Thai Criminal Code and the Computer Crimes Act as well as
other charges against journalist Ms. Wirada Saelim;
then-Director-General of Thai PBS Mr. Somchai Suwanbun; Mr. Korkhet
Chantalertluk, Director of the News Department at Thai PBS and Mr.
Yothin Sitthibodeekul, Director of the Television and Radio Department
at Thai PBS; and Thai PBS itself. The charges allege that nationally
broadcasted media and online content from the citizen-journalist news
clip damaged the reputation of the company.
The Bangkok Criminal Court scheduled a preliminary hearing on March 21,
2016 to consider the merits of the charges against Thai PBS and its
employees.
“Thai PBS carried out its duties to report news and provide a platform
for public discourse,” said Amy Smith. “These charges not only offend
the right to freedom of expression, but also seek to deprive the Thai
people of a vital media service.”
In addition, in November, 2015 the Tungkum Ltd. lodged two separate
criminal defamation complaints against the 15-year-old schoolgirl—one to
the Provincial Office of Juvenile Observation and Protection in Loei
Province and another to the Minburi Metropolitan Police in Bangkok.
The Juvenile Observation and Protection Office and Minburi Police
station are investigating the merits of the company’s complaints against
the 15-year-old schoolgirl to determine whether the cases should be
referred respectively to the Juvenile and Family Court and the public
prosecutor.
These defamation charges and complaints infringe on the right to freedom of expression in Thailand, Fortify Rights said.
The right to freedom of expression is protected under Article 19 of the
International Covenant on Civil and Political Rights (ICCPR), to which
Thailand is a state party. Under international law, restrictions on
freedom of expression are permissible only when they are provided by
law, proportional, and necessary to accomplish a legitimate aim. The
complaint and charges against the 15-year-old schoolgirl and Thai PBS
and its employees represent an overly broad application of defamation
laws in violation of the right to freedom of expression.
Imprisonment for defamation is a disproportionate punishment that
infringes on the right to freedom of expression, according to the UN
Human Rights Committee and the UN Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression. The UN
Declaration on Human Rights Defenders also provides principles to
protect the work of individual human rights defenders and organizations.
Thailand affirmed its commitment to protect human rights defenders
through a UN General Assembly resolution adopted on December 17, 2015.
Thailand should immediately decriminalize defamation and establish a
legal framework and effective mechanisms to protect human rights
defenders, Fortify Rights said.
Tungkum Ltd.’s parent company—Tongkah Harbour Plc.—received permission
to conduct an initial exploration for mineral resources in Loei Province
in April 1990. Tungkum Ltd. officially started operations to extract
minerals from the mine in 2006.
In 2007, villagers from six communities surrounding the mine formed a
community-based group—the Khon Rak Ban Kerd Group (KRBKG)—to advocate
for a clean environment and to oppose the mining operation. The KRBKG is
demanding that the authorities and company permanently close down the
gold mining operation, and address environmental contamination and
health impacts potentially linked to the mining operation.
State and non-state actors have reportedly threatened, intimidated, and
used violence against members of the KRBKG, Fortify Rights said.
For instance, on May 15, 2014, at least 100 unidentified men in black
masks carrying wooden sticks, knives, and guns surrounded Na Nong Bong
village—located next to the mine—and assaulted several villagers,
according to witness testimony provided to the Loei Provincial Court on
October 28 and 29, 2015. The unknown militia reportedly held several
villagers and leaders of the KRBKG captive while trucks transported
material out of the mine site and village. The incident went on for
almost six hours. According to witness testimony, police failed to
intervene and did not respond to several complaints by local community
members that evening. The masked militiamen injured at least 13
villagers and allegedly stole property, taking a camera, a gold
necklace, and money from villagers. The militia also destroyed
barricades established several months earlier by local members of KRBKG
that blocked the road to the mine site.
Between 2007 and 2015, Tungkum Ltd. has brought at least 19 criminal and
civil lawsuits against 33 members of the KRBKG. The company has
demanded 320 million Thai Baht (US $8.93 million) in compensation from
villagers, not including the most recent charges against Thai PBS, for
allegedly damaging the company’s business and reputation.
Fortify Rights recommended that Thai authorities and Tungkum Ltd.
immediately and unconditionally withdraw all criminal complaints against
the schoolgirl, Thai PBS, and the others accused of criminal defamation
and to immediately drop the civil defamation suit filed against six
additional villagers. Thai authorities should instead commit resources
to investigate allegations of environmental contamination potentially
linked to the copper-gold mine and to investigate the violent attack
against villagers on May 15, 2014.
“Everyone has the right to express their opinion and the right to enjoy
the highest attainable standards of health,” said Amy Smith. “Rather
than investigate human rights defenders, children, and members of the
press, the authorities should look into longstanding allegations of
environmental contamination in the community.”
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