Saturday, July 30, 2011
you are most welcome to here the verdict.
Monday, June 27, 2011
เชิญร่วมสังเกตุการณ์คดีและให้กำลังใจพี่น้อง "เขาคูหา" ณ ศาลแขวงสงขลา
วันที่ 29 มิถุนายน - 1 กรกฎาคม นี้ เวลา 9.00 - 16.30 น. ณ ศาลแขวงสงขลา นัดสืบพยานโจทก์และพยานจำเลย คดีที่พี่น้องเขาคูหาฟ้องเรียกค่าเสียหายจากการระเบิดหินของบริษัทผู้รับ สัมปทาน ขอเชิญทุกท่านร่วมเข้าฟังการพิจารณาคดี เพื่อสัีงเกตการณ์คดี และเพื่อให้กำลังใจพี่น้องเขาคูหา ที่นอกจากได้รับความเสียหายจากการระเบิดหินแล้ว ขณะนี้ยังต้องตกเป็นจำเลยต่อสู้คดีที่บริษัทฟ้องเรียกค่าเสียหายจากการที่ บริษัทไม่ได้ต่อสัมปทานเป็นเงินถึง 69 ล้านบาท ร่วมไปให้กำลังใจตามใันเวลาข้างต้น
ศูนย์ข้อมูลชุมชนได้รับ ช่วยเหลือดำเนินคดีนี้ให้แก่พี่น้องเขาคูหา และเห็นว่า เป็นโอกาสอันดี หากมีบุคคลจากหลายภาคส่วนไปร่วมให้กำลังใจ
โดยในวันที่ 29 มิถุนายน เป็นวันนัดสืบพยานโจทก์วันสุดท้าย ซึ่งจะมีเจ้าหน้าที่รัฐที่มีหน้าที่ในการตรวจสอบ ควบคุม การประกอบกิจการของเหมือง และ นายเอกชัย อิสระทะ ซึ่งเป็นแกนนำในการร่วมกับชาวบ้านลูกขึ้นต่อสู่กับเหมืองดังกล่าว
ในวันที่ 30 มิถุนายน และ 1 กรกฎาคม จะเป็นวันนัดสืบพยานจำเลย คือ บริษัทเหมืองแร่
โดย คดีนี้ได้นัดสืบพยานมาตั้งแต่วันที่ 21 มิถุนายน ที่ผ่านมา ซึ่งโจทก์ทั้งหมดได้เข้าเบิกความต่อศาล รวมทั้งประชาชนในพื้นที่เขาคูหา เพื่อให้ข้อมูลถึงความเสียหายที่เกิดขึ้นกับชุมชนและโจทก์ในคดีนี้ นอกจากนี้ มีนพ.นิรันดร์ พิทักษ์วัชระ ประธานคณะอุนกรรมการสิทธิมนุษยชนด้านสิทธิชุมชน ได้เข้าเบิกความว่า ไม่ควรต่อสัมปทานเหมืองอีกต่อไป เพราะกระทบชุมชน ส่วนนพ.สุภัทร ฮาสุวรรณกิจ เข้าเบิกความในฐานะแพทย์ผู้เชี่ยวชาญกรณ๊ฝุ่นสัมพันธ์กับอาการแพ้อากาศของ ชาวบ้านในพื้นที่
กรณีการฟ้องเรียกค่าเสียหายของโจทก์ในคดี นี้ เป็นการฟ้องเรียกค่าเสียหายสำหรับบ้านแตกร้าว เสียงดัง ฝุ่น โดยนอกจากโจทก์ในคดีนี้แล้ว ยังมีการฟ้องคดีต่อศาลจังหวัดสงขลาสำหรับโจทก์อีกสองคน เนื่องจากโจทก์ทั้งสองดังกล่าวได้รับความเสียหายเกินกว่า 300,000 บาท ซึ่งต้องไปแยกฟ้องต่อศาลจังหวัด โดยคดีดังกล่าวจะขึ้นศาลในเดือนมีนาคม 2555
ต่อ มา เมื่อวันที่ 26 มิถุนายน ที่ผ่านมา แกนนำของกลุ่มคัดค้านการต่อสัมปทานเขาคูหารวม 9 คน ได้รับหมายเรียกจากศาลจังหวัดสงขลา โดยระบุว่า ทั้งหมดถูกบริษัทเหมืองฟ้องเรียกค่าเสียหายอันเกิดจากการที่ถูกคัดค้านจน เป็นเหตุให้ไม่ได้รับการต่อสัมปทาน เรียกค่าเสียหายรวม 64 ล้านบาท
ศูนย์ ข้อมูลชุมชนจึงเรียนเชิญทุกท่านไปให้กำลังใจแก่พี่น้องเขาคูหา สำหรับการที่เขาได้ลุกขึ้นมาต่อสู้เพื่อสิทธิของตน พิทักษ์ชุมชน สิ่งแวดล้อม และทรัพยากรธรรมชาติ
ดูข้อมูลภาษาอังกฤษบางส่วนที่นี่ http://crcthai.blogspot.com/2011/02/khu-ha-land-of-struggle.html
ดูภาพบางส่วนที่นี่ http://www.facebook.com/media/set/?set=a.184208208299870.54674.100001320767733
Tuesday, May 3, 2011
The struggle to obtain ownership on ancestral land in Thailand
The struggle to obtain ownership on ancestral land in Thailand
This article tells the story of three villagers from north east Thailand, and their journey to realizing their land rights. Unfortunately, one of them died before seeing the fruits of his labor. The story takes place in Thailand’s Surin province, Muang Surin district, which shares an international boundary with Cambodia.
Surin has its own unique history regarding civilization and rich natural resources. In the process of development and to ensure the security of the Thai state, many people were denied their rights, including the residents of the four villages of Than, Than Thai, Pra and Yang.Wife of an ex-army man, Ms Nopparat, 47 years old, was born in Than village. Her father, late Mr Boonrod Prajunbarn, was the first to initiate the struggle against land grabbing. The location of their village was the source of the problem; all four villages are located just besides the military cantonment. Around four decades before, the army tried to expand its cantonment area and acquire the villages to be part of the cantonment. The military claims that the four villages are military land.
According to Nopparat however, this is their ancestral village, although she does not know for how long her ancestors have lived here. After completing her primary education, Nopparat was compelled to help her parents in the family work. In this way she learned about farming and construction work. At the age of 13 in 1977, it was a shock to her that the piece of land that was their livelihood would be acquired by the military. When her father initiated his struggle against such land grabbing, her family faced many problems and threats. Her father was arrested and detained many times by the police and military without any prosecution. All the men in all four villages were staying outside the villages to save themselves from the military and police. Coincidentally, it was also the time when the communist movement was raising its voice in Thailand; it was hence very easy to declare someone as a communist. Her father was also declared communist by the local authorities, simply for protesting to protect his land. Despite all the problems he was very daring and full of enthusiasm, and never thought to give up the fight.
Boonrod approached all the relevant authorities to obtain a remedy to this problem, such as the Surin governor, land office, ministry of defense, ministry of interior and ombudsman, but with no success. He and 45 other villagers then approached the administrative court and finally the Surin provincial court with this problem. Finally in 2003, before his court case finished, he left this world because of critical lung disease. His daughter believed that he left this world with an unhappy soul.
Ms Nopparat decided to take over her father’s responsibility to get justice for their ancestral land. She initially coaxed her younger brother to take up this role, but after awhile her brother became inactive, leaving her no choice but to follow up her father’s work herself.
As activists, we were surprised that a lady who had hardly completed her primary education was talking about land issues, community rights and military power. We were more shocked when in response to our question of ‘what does communist mean’, she said ‘terrorist’. We tried to explain to her that communists are not terrorists, but she only knew that her father was arrested and detained because, as the authorities said, he was a ‘communist’, a ‘terrorist’. She added that her father was detained without any prosecution for many months on numerous occasions, and once he even ran away to become a priest, thinking that the police and army would not suspect a priest of such activities.
When we asked her the current situation, she informed us that the department of treasury would like to declare this area as public land, which they would give the villagers on lease. This is the outcome of the negotiation judgment of 2007, after her father’s case was dismissed in court. Nopparat had no choice but to accept this outcome, although she asked us “Why should we have to pay rent for our ancestral land?” We had no answer. According to Nopparat, they now have access to regular water and electricity, as well as a village council like the country’s other villages, with the four villages becoming one registered village known as “Chalerm Prakiet Village”. However, she added, till today we are supposed to be tenants on our own land. Ms Phromporn Phumpuang is known as Mae Tiu (Mother Tiu) in the village of Than Thai, where she married a native villager who is an ex-army man. From 1977, she has continuously been doing farming in the village, not knowing there was any land dispute. At that time, she lived in Surin city, but spent most of her day in the paddy fields and with her cows. She later came to the conclusion that it is not easy to take care of her cows and field by living in the city, and decided to just stay in the village. In 2004, she built a small wooden house and started living and working there. This was the time when the case of ownership was in court.
She learnt that in 1980 the military had tried to displace the villagers from the four villages of Than, Than Thai, Pra and Yang, and since then, whenever the villagers protested in front of the Provincial Governor’s office or other places in Muang Surin district, she always tried to provide food to them. Sometimes the villagers were dispersed and arrested, she added.
Phromporn is co-owner of this land; after her marriage with Mr Somkit, this land was given to them by her in laws. Retired from the military, Somkit has kept himself away from the land struggle so as not to lose his pension from the department of defense, which is a possibility if he steps forward to claim land ownership. The pension is important for them because nowadays they do not have any cows, only their paddy field, which is not enough for their daily needs.
Mae Tiu joined a group of villagers to pursue their land ownership after Boonrod brought his case to the administrative court in 2003. The group comprised of 46 villagers from four villages. The case asked the court to stop the proceedings of the authorities to declare their ancestral land as public land and instead grant them the title deed. Ever since 2007, when Boonrod’s case was dismissed, all cases have been settled by negotiation. In their case as well, the negotiation judgment requires the authorities to provide land leases for the 46 villagers. These villagers and their family can normally use the land until the land leases are set up, after which they will have to pay rent for their land.
While waiting for the leasing process, Mae Tiu was charged for public land trespassing in 2010 by the military. She went to see the police three times and has given evidence that she is not guilty, but the police still sent her case to the prosecutor for prosecution. She has so far reported to the prosecutor three times, with the next reporting scheduled for 20 April 2011. She has no idea what will be happen on her case. When asked if she knew why she had been charged, she replied that it might be because the military thought she was the leader of the group protesting against the military’s land grabbing. No other villagers in her group have been charged.
Phromporn Phumpuang is a 64-year-old lady with only three years of primary education, but she knows well the value of the land. Today, she has taken on an organizing role, particularly when there are ongoing court proceedings. She disperses information to the villagers and worked on establishing an emergency fund for legal and follow up expenses. Although the villagers are getting legal aid from the Lawyers Council of Thailand, they need a common fund to follow up the case, as the Council cannot bear all the expenses for documentation and so forth. This emergency fund is thus very useful for them, with every house contributing 50 baht per month.
The Treasury department is now attempting to do the demarcation work regarding the area of public land. When this is done, they will prepare the land leasing document, which means the villagers will have to pay rent to remain on their ancestral land. While something may be better than nothing, the villagers are not happy with this state of affairs, and vow to carry on their struggle for ownership of their ancestral land.
Tuesday, April 19, 2011
ด่วน ร่วมลงชื่อคัดค้านร่างพรบ.การชุมนุมสาธารณะพ.ศ....
Monday, February 28, 2011
Khu Ha - The Land of Struggle
The people of Khu-ha are struggling to save their environment from last 2 years. Their major problem is brought by a mining company, which is involved in mining lime stone in village of Khu-ha there is a small mountain of lime stone, has been called “Khu-ha mountain” or “Khao Khu-ha”, earlier it was very beautiful mountain and source of life of the natives of Khu-ha. Khu-ha mountain is located at Ku-ha-tai sub-district in Ratta-phum district of Songkhla province.
As we all know the characteristics of lime stone mountains, generally they have caves inside, lush greenery outside, water streams and big number of bats. All these things were there in the “Khu ha”. The people were getting organic fertilizer from the shits of bats, water for the field from the permanent water stream, it was also like a food bank because they were fishing from water stream under that mountain, fresh air and good rain most of the months.
When there were no mining work was going on, the people and the surroundings were very rich. People were getting 3 crops of paddy and they were owning lush green fruit gardens and rubber fields but now the picture has been changed. They can get hardly one crop of paddy and only rubber garden is surviving other fruit gardens are drying slowly.
Now when they are seeing that their habitat is in crisis they started struggling to save their things, they would like to re-establish their habitat. They are against the mining and whatever they have lost because of mining, they would like to make responsible for their losses. Due to the blasting their houses are broken, their pets were died. It is not easy to get justice and re-built their environment, but they are trying their best.
From last 2 years, the people in Khu-ha have done a lot of complaints to all authorities who have duties to manage and sort the problems out. Anyhow, no any answers have been came in favor of them and their sufferings.
The Community Resource Centre (CRC) came forward to join their struggle and to help them in legal process and further actions in the series of joining hand since November 2010.
By legal aid, CRC accepted to provide lawyer to bring case to court for compensation of liability of damages house and livelihood. CRC have been success 2 cases to be sent to the court.
On 28 December 2010, CRC lawyer and 6 villagers have filed case to Songkhla khwaeng court for asking the mining company to pay compensation on liability of damages house and livelihood for 6 villagers who have been suffered from mining. The 6 villagers asked about 150,000 to 300,000 baht each for compensation. The court has accepted to be trial by Black case no.588/2553.
On 30 December 2010, CRC lawyer and other 2 villagers have filed case to Songkhla provincial court for asking the mining company to pay compensation on liability of damages house and livelihood for 2 villagers who have been suffered from mining. The 2 villagers asked about 1,700,000 and 2,700,000 baht each for compensation. The court has accepted to be trial by Black case no.1280/2553.
The CRC also organized one day folk school of them on 5 February 2011. In this folk school, the CRC got learned more about their history, culture, problems and action plan. When CRC got learn about them then CRC asked to them that what they are expecting from CRC? Then they said they would like to learn about the law of Thailand and international laws regarding environment, social, economic and cultural rights. They would also like to learn the procedure that they have to do for 2 cases that they have filed to court.
This is just start on the justice procedure that they have to be involved. To access to justice it is not only filing case to court. They have to go to trial when they don’t know how long it will be. They have to be prepare themselves, evidence and expenses that they need to do. During suffering the problem in their livelihood, they also have to prepare themselves for the court cases. We have not known there will be other things to effect to them.
The mining companies have been stop mining since mid of 2010 because of expiration of lease. They still want to continue mining at Khu-ha, then, they have applied to get permission again. Since they stopped doing mining, the people have been happy because there were no more dust, vibration, fallen stone and loudness. They have felt happy during this time, which is peaceful. Anyhow, we have no any knowledge how long it will be like this.
The next trial for case at Songkhla provincial court will be held on 25 March 2011 at 9.00 am, when will be opening case before a trial. The other case at Sonkhla khwaeng court will be trial on 21 – 24, 29 – 30 June and 1 July 2011 at 9.00am – 16.30pm. CRC call you to observe the case as a support the people who are victims from mining.
Thursday, January 27, 2011
Steps towards Justice
82 Year old Man is holding the banner.
Children also: its matter of land means its matter of my future also.
Its Sunny and Windy that's why i need sunglasses.
Total participation with the banners and flags.
Entering in the Campus of the Administrative Court.
Assembling in front of the Administrative Court.
Decent Protest
Protest in front of the Administrative Court.
Proud / Happy or Excited ?
Its Time to Pray.
Praying Namaz in front of Administrative Court.
Petition is getting ready.
Filling Petition in the Administrative Court.
Its time to check all the documents.
Clearing Confusions.
After filing the petition, with hope and excitement.
Planning for future action.
Friday, January 7, 2011
Tribute to murdered environmentalist Charoen Wat-aksorn
On 22 June 2010, more than 500 people gathered in the Buddhist temple situated at Ban Bor Nok village, Prachuap Khiri Khan district, Thailand. They were gathered here to remember their leader, who was murdered on 21 June 2004. Martyr Charoen Wat-aksorn was a leader of the common folk, particularly popular in Prachuap Khiri Khan for leading the movement against the Bor Nok coal-fired power plant project for a decade.
Six years earlier:On the evening of 21 June 2004, as darkness was spreading over Prachuap Khiri Khan, one man got off a bus at around 9:30pm at the Bor Nok Crossing, and was in a hurry to get to his house. Little did he know that two persons were waiting for him under the shed of the bus stop, and shot him from the side as soon as Charoen moved towards the crossing. Charoen tried to run, but was again shot from the back and fell down. The two shooters then came close to him and shot five bullets at his face, head and chest. Satisfied that Charoen was dead, they left.
Charoen was a well-known environmentalist and president of the Love Bor Nok Association, involved in saving Prachuap Khiri Khan’s environment and leading people against the illegal power plant project in Bor Nok. He was returning from Bangkok on June 21, after the senate hearing into the fraudulent use of public land when he was shot and killed.
His family claim the subsequent autopsy was deliberately botched, and over 1000 villagers took the body to Bangkok for reexamination by the Forensic Science Institute. Under public pressure, the case was transferred to the Department of Special Investigation (DSI) under the Ministry of Justice, and five suspects have since been arrested. However, the villagers and Charoen’s family allege that the investigation has not been done properly; to avoid implicating senior and powerful persons, investigators have claimed his murder as the result of a personal dispute.
A path of struggle
Born on 21 July 1967, Charoen was the eighth son of his parents, and a nature loving boy since childhood. He studied Public Administration from the renowned Rajabhat University of Petchaburi. He came to Bangkok in 1995 and started selling soya milk. When he learned about the proposed power plant in Ban Bor Nok, he moved there and got involved in the movement to save the village. He established the Love Bor Nok Association (a community based organization) to save the village’s healthy environment. He made his livelihood there from pineapple trading, but when he realized that the environmental movement needs full time involvement, he wound up the pineapple business. Soon he was recognized as the leader of the movement.
The movement against the power plant is the best example of a community based movement. The entire community was involved. One of their events, a road blockade, can be seen as an example. On 8 December 1998, 20,000 villagers came to block the southern highway of Thailand—the country’s backbone, linking to southern Thailand and Malaysia. This road blockade became a turning point of the movement, after which every Thai citizen became aware of it.
After this, the government was willing to organize a public hearing, but the villagers had no faith in its outcome and boycotted the entire process. On 10 January 2002, thousands of villagers traveled to Bangkok to hand over a memorandum letter to the Prime Minister of Japan, as the Japanese government was a potential financer of the power plant project. The Thai police made many attempts to stop them reaching the capital, but failed. When the police stopped their buses, they ran towards Bangkok on foot. They ran almost two kilometers, and past every obstruction put up by the police. It was the power of the people that let them through that night, and again they took their struggle to new heights.
Thailand’s prime minister at the time then visited the proposed site of the power plants, during which he faced enormous protest and met with thousands of people. He finally said he would take a decision on the Thai New Year, which came and went without any decision being made. He then said he needed more time to reach a decision. Love Bor Nok did not stop its movement and in the first week of May, the prime minister announced that “the plants would be deferred for 2-5 years”. This is a huge victory for the people of Ban Bor Nok and Ban Krut.
Living with danger
Charoen was threatened and followed by hit men many times, and three times he survived attempts to kill him, with the bullets missing their target. The proponents of the power plant project tried to bribe him many times, offering USD 300,000 in 1996 for withdrawing from the movement. An opportunist friend, earlier involved in the movement and later joining the power plant company, also attempted to stop him from working with the movement. This brave and nature loving man did not lose his path however. When his house was burnt by some men from the power plant company, Charoen stayed in a temple, where people tried to guard him 24 hours a day.
When the power plant project was stopped, Charoen married Ms Krarok, and tried to start a new life. He opened a small nature friendly resort in Ban Bor Nok. On 21 June 2004 he was murdered. On June 22, thousands of people marched once again to Bangkok, this time with Charoen’s dead body and demanded for an investigation into his murder by the DSI. They also demanded to keep his dead body for up to 100 days. The DSI investigated the case and brought the murderers to court, but only one man was found guilty. He is currently in prison awaiting an appeal court decision, while the others were freed due to a lack of evidence.
After losing Charoen, Ms Krarok was recognized as the leader of the Love Bor Nok Association. She said that she does not have enough experience, and therefore a steering committee was appointed to take leadership of Love Bor Nok.
Love Bor Nok continues to work hard; they are the people who made history and who fought to save their natural environment. They organize an annual commemoration of Charoen’s death, and on this day they audit their past year’s work and decide upon plans and activities for the coming year.
Charoen is still alive in peoples’ hearts and in the spirit of Bor Nok.
by - Sor Rattanamanee Polkla

