Article 17
“The United Nations should foster close
relations with civil society to strengthen
the application of international rules”
Commentary
Ms. Sunee Chairos
Ms. Sunee Chairos, a National Human Rights
Commission member, said that the above
case reflects the tireless efforts of activists
working for the protection and promotion of
community rights. Thailand has made
remarkable progress over the years with
regard to recognition of community rights as
set forth for the first time in the 1997
Constitution. However, she feels that the
Universal Declaration of Human Rights is weak
in this regard since it focuses only on
individual rights and disregards the
recognition of community rights. This focus
on individuals does not tackle issues like
community management or environmental
impacts and benefits shared among
community members. There are many
instances where the communities should
have maintained the right to live on the land
that their ancestors settled on a long time
ago, or to have a say in the management of
local nature reserves that they have helped to
conserve. However, the lack of legal
documentation or proof of ownership often
deprives them from enjoying these rights
they have traditionally been entitled to, she
explains.
Ms. Chairos says that the Ban Krut incident is
just one example of the type of circumstances
some people have found themselves in over
the last six years. More than 600 cases have
been filed during this period related to
property rights with impacts on land, water,
natural resources and forest management.
These cases affect a large number of people,
families and communities. The concerns
observed are related, among other things, to
administrative decisions on the proclamation
of park zones and infrastructural development
activities, as well as to investment from the
private sector, including, for example, mining
activities. Many rights have been contested,
including economic, civil, cultural, political
and social rights, she says. Some of these
cases occurred even before the adoption of
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