Court rules in favour of National Parks Dept in Kaeng Krachan encroachment case

Pratch Rujivanarom
The Nation 

 

 

BANGKOK: - The Administrative Court on Wednesday ruled in favour of the National Parks, Wildlife and Plant Conservation Department in a case filed by members of the Karen ethnic minority, but the department was ordered to compensate the six Karen plaintiffs for damage to their belongings, at Bt10,000 per person.

 

The six Karen from Ban Bangkloi Bon in Phetchaburi's Kaeng Krachan district had sued the department and the Natural Resources and Environment Ministry, accusing the defendants of violating their plaintiffs' rights by burning their homes and forcing them to relocate from their land in Kaeng Krachan National Park.

The six plaintiffs were led by the 105-year-old spiritual leader of the Karen community in Ban Bangkloi Bon, Ko-i Mimi, who stated that he was forced to leave his home on ancestral land by Kaeng Krachan National Park officers and that the people's houses were burned down.

The court ruled that the defendants did not violate the plaintiffs' rights as the Karen had encroached into primary forest in the national park area to open up new land for expanding their community and farmland.

This action was seen by the court as against the law, and therefore the park officers had the right to force the forest encroachers away, according to Article 22 of the National Park Act.

However, the court stated that as the officers did not move the plaintiffs' belongings from their houses before burning them down, this action was a violation of the plaintiffs' rights, so the court ordered the National Parks Department to compensate the plaintiffs with Bt10,000 each for the loss of their belongings.

Meanwhile, the court dismissed the plaintiffs' demand that they be allowed to live on the disputed land.

 

Source: http://www.nationmultimedia.com/breakingnews/Court-rules-in-favour-of-National-Parks-Dept-in-Ka-30294721.html

 

-- © Copyright The Nation 2016-09-07

10,000 Baht. How generous 

Quote

However, the court stated that as the officers did not move the plaintiffs' belongings from their houses before burning them down, this action was a violation of the plaintiffs' rights,

 

Glad the government and its officers are here to serve the people and follow the law.

Court rules demolition and burning of Karens’shelters in Kaeng Krachan by park officials lawful

 

 

BANGKOK: -- The Central Administrative Court has ruled that the demolition and burning of the shelters of six Karen tribesmen in the Kaeng Krachan national park by park officials were lawful but the six victims are entitled to compensation from the Department of National Parks, Wildlife and Plants Conservation.

 

The verdict was read by the Central Administrative Court on Wednesday for a court case which had received widespread publicity and interest among human rights groups. The case was lodged with the Central Administrative Court by six Karens, led by 104-year old Ko-ee Meemee, who accused the department of abusing their authority by evicting them from their ancestral land in Kaeng Krachan, demolishing and setting fire to their shelters.

 

The court, however, said that the land on which the six Karens occupied for farming and to make a living was not their traditional ancestral land but were, in fact, state land which was encroached upon by the Karens.

 

Full story: http://englishnews.thaipbs.or.th/court-rules-demolition-burning-karensshelters-kaeng-krachan-park-officials-lawful/

 

-- © Copyright Thai PBS 2016-09-08

12 hours ago, Katipo said:

10,000 Baht. How generous 

payable over 50 years no doubt

Considering that a lot of land is not surveyed in this country,(at least into allotments) this sort of thing will go on for a long time.

 

Also the unusual way that land sales can or cannot legally be transferred leaves me wondering.

 

The land office also doesn't (I can say definitely) in some cases need a bribe to actually bother with the paperwork.

This brings the whole question of Karen rights into question.  The current "heavy hand" of authorities acting on advice from an illegal regime makes one question the entire legal process in this matter.

Congratulations to the Bangkok Administrative Court for kick-starting a new level of political awareness among the Thai-Karen.  This case was, as the young people say, a trending phenomenon on social media within the Thai-Karen community.  The Bangkok based Sino-Thai ruling elite remain in denial that along the western border the region is all traditional Karen territory with scarcely a Thai village to be found.  And, anecdotally, the prejudice that the Bangkok folks have against the hill folk such as the Karen, is legendary in my family.