SLAPP Against IPHRDs at Omkoi District
1. Introduction
To protect the community from coal mining at Kabeu Din village, Omkoi Sub-district, Omkoi District, Chiang Mai Province, two indigenous human rights defenders have been sued by private companies on charges of defamation and may cause damage to the company. Both acknowledged the charge against them and were initially interrogated by the investigating police officer. It is now in the process of collating
On 25 April 2019, a Facebook page “Song Klong Mong omkoi”, published the announcement of the Chiang Mai Provincial Industrial Office, which was announced the Omkoi District Office, stating that a private company is being granted a consession to operate an open coal mine at Kabeudin village, Moo 12, Omkoi Sub-district, Omkoi District, Chiang Mai Province, with an area of 284.30 rai. This news has awoken many omkoi residents to become more alert and join force in opposing the coal mining by jointly signed a letter of objection to the Omkoi district chief.
Later, a network on anti-coal mine was established to campaign against the coal mining concession. The network comprises a diverse group of people. These include villagers from Kabeudin who receive direct impact from the coal mine, nearby communities and various individuals from town. Activities have been continuously undertaken including a peaceful assembly on 5 June 2019 during the World Environmental Day at Omkoi District Office
After that, 99 Tuwanon Co., Ltd. authorized the attorney gathering evidence from the statements and talks of the anti-coal mine (Plong Karen) leaders who went to the stage and filed a legal case against Mr Ong-ard Mi-nge and Mr. Panuwat Fonmek on charge of defamation of the company at Omkoi police station
Both defendants were alleged on “defamation by advertisements with documents, drawings, paintings, movies, images or characters which make it appears by any means…” Both denied the accusations and requested to give additional evidence in writing
This kind of prosecution is considered a violation of human rights and a Strategic Lawsuit Against Public Participation – SLAPP. This is because both persons have no intention to maliciously or intentionally causing damage to anyone. It is just an expression of rights and freedoms as it is written in the Thai Constitution
2. Timeline of event
| 26 April 2019 | Villagers saw the announcement of Chiang Mai Industrial Office posted at Omkoi District Office notifying the public that 99 Thuwanon Company is requesting a concession for a coal mine operation at Kabeudin village, Omkoi Sub-district, Omkoi District, Chiang Mai Province. 28 villagers immediately made a letter of objection to the relevant department. |
| 24 May 2019 | Omkoi residents in the name of “Anti-coal mine network” submitted a letter to Omkoi district chief to coordinate with relaevant agencies to issude order to suspend of the coal mining concession process |
| 5 June 2019 | About 2000 Omkoi residents marched on the World Environment Day to express their position to oppose the coal mine. Activities included public speaking and read out the statements. |
| 27 August 2019 | Provincial Industrial Office and Minerals Committee held a Q&A workshop on the process of requesting a coal mine concession certificate, but not clear on a request to conduct a new Environmental Impact Assessment (EIA). |
| 9 September 2019 | Provincial Industrial Office posted announcement informing villagers living in the possible affected area to participate in the public hearing on 28 September 2019 at Mae Ang Khang School, Omkoi Sub-district, omkoi District, Chiang Mai Province. This was undertaken in accordance with Article 26, paragraph 2 of the Mineral Act 2017. |
| 19 September 2019 | Villagers gathered at Chiang Mai City Hall submitting a letter to the Governor of Chiang Mai to postpone the public hearing. This was not possible as it had to be held in compliance with the legal framework. |
| 28 September 2019 | Chiang Mai Province Industry Office organized a public hearing at Mae Ang Khang School. The meeting room was full and overflown. There were around 2-3 thousand people participating. The authorities therefore had to postpone the hearing without specifying the new date. |
| 12 October 2019 | Both leaders acknowledged the allegations under the warrant of the Omkoi police officers. They denied all the allegations and would provide additional information in writing. The next interrogation was scheduled on 12 November 2019. |
| 12 November 2019 | The two leaders, along with a team of lawyers, witnesses, and observers, met with the investigating officers according to the appointment. Both kept denying the charge and would provide information in writing. |
3. Support given to IPHRDs
The support to IPHRDs comes from different partner organizations. These are for examples:
- Community Rights Protection and Rehabilitation Center and Foundation for Natural Resource and Environment agreed to provide legal assistance including lawyer to the defendants at the interrogation process
- IPF and NIPT have provision support on documentation and communication.
After the investigation process has been finished and the case is submitted to the prosecutor for consideration, if the case is filed to the court. all partners will help mobilizing resources to support both defendants. Initially, it was proposed to use the budget from the EIHRDs project to help, if nedds be.
