The Indigenous World 2024: Thailand

Written on 20 March 2024. Posted in Thailand

The Indigenous Peoples of Thailand live mainly in three geographical regions of the country: Indigenous fisher communities (the Chao Ley) and small populations of hunter-gatherers in the south (Mani people); small groups on the Korat plateau of the north-east and east; and the many different highland peoples in the north and north-west of the country (previously known by the derogatory term “Chao-Khao,” or “hill tribes”). Nine so-called “hill tribes” are officially recognized: the Hmong, Karen, Lisu, Mien, Akha, Lahu, Lua, Thin and Khamu.^[1]

Estimates put Thailand’s Indigenous population at around 6.1 million people, or 9.68% of the total population.^[2] According to the Department of Social Development and Welfare (2002), the total officially recognized population numbers 925,825, distributed across 20 provinces in the north and west of the country. There are still no figures available for the Indigenous groups in the south and north-east. When national boundaries were drawn in South-East Asia during the colonial era and in the wake of decolonization, many Indigenous Peoples living in remote highlands and forests became divided. For example, you can find Lua and Karen people in both Thailand and Myanmar, and Akha people in Laos, Myanmar, south-west China and Thailand.

Thailand is a signatory to the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of Persons with Disabilities (CRPD) and the Universal Declaration of Human Rights (UDHR). It voted in support of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) but does not officially recognize the existence of Indigenous Peoples in the country. Section 70 of the 2016 Constitution refers to “Ethnic groups”.

In 2010, the Thai government passed two cabinet resolutions to restore the traditional livelihoods of the Chao Ley^[3] and Karen, on 2 June and 3 August respectively.

This article is part of the 38^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here

There were several key developments regarding Indigenous Peoples in 2023, including but not limited to the general election, the resubmission of the Council of Indigenous Peoples in Thailand’s (CIPT) draft law to Parliament House, the ongoing struggle of the Karen people of Bangkloy to return to their traditional homeland, and Chaolay’s effort to protect their spiritual land.

General election

General elections were held in Thailand on 14 May 2023 in order to elect 500 members of the House of Representatives to run the country. The Move Forward Party, led by Mr. Pita Limjaroenrat, won a majority of the seats, followed by the Pheu Thai Party. Voter turnout was a record 75.22%.^[4] Pita's Move Forward Party initially tried to form a coalition government with other political parties but was unable to do so after being blocked by the Senate. The Pheu Thai Party then assumed the lead and nominated Mr. Srettha Thavisin as the 30^th Prime Minister of Thailand. He was elected by Parliament on 22 August 2023. Three out of 500 Members of Parliament, or 0.6%, are Indigenous leaders who were elected and now serve as Members of Parliament.

Resubmission of the Council of Indigenous Peoples in Thailand’s draft law

The Council of Indigenous Peoples in Thailand’s (CIPT) draft law was first submitted to the House of Representatives for consideration in 2022 during General Prayut Chan-o-cha’s administration. Unfortunately, it did not pass as Parliament was dissolved on 20 March 2023. On 9 August 2023, representatives of the CIPT resubmitted the draft law to Parliament and it was placed on the official agenda of the House of Representatives’ meeting. On 14 December 2023, representatives of the CIPT were invited to present the rationale and key content of the draft CIPT law at Parliament House.^[5] This marked the first stage under the law-making procedure, receiving support from Members of Parliament from both government and opposition parties. The next step involves establishing a joint standing committee to consider the law in detail and consolidate all the submitted draft laws on the protection and promotion of the rights of ethnic groups and Indigenous Peoples.

Review and development of the 5^th National Biodiversity Strategic Action Plan

Thailand is preparing its 5^th National Biodiversity Strategy and Action Plan (NBSAP) for the period 2023-2027, in accordance with the Kunming-Montreal Global Biodiversity Framework (KMGBF) adopted at the 15^th Conference of the Parties of the Convention on Biological Diversity. In this process, the Office of Natural Resources and Environmental Policy and Planning (ONEP), under the Ministry of Natural Resources and Environment (MONRE), will organize a series of national consultations and workshops. These activities aim to collectively brainstorm ideas and establish guidelines for preparing the strategy and action plan. Representatives from various sectors related to the conservation, utilization and management of biodiversity in Thailand, including Indigenous representatives, will be involved.

The first national consultation workshop took place on 19 December 2023, at the Century Park Hotel in Bangkok. The plan is expected to be finalized and submitted to the CBD Secretariat by the end of 2024.

Expansion of Ob Khan National Park area

As mentioned in the Indigenous World 2023, the Government of Thailand has been planning to expand the Ob Khan National Park area for many years now. Due to protests by villagers in 2023, however, the planned expansion has been temporarily suspended.

Struggle of Karen people from Bang Kloy

On 19 April 2023, General Prayut Chan-o-cha (caretaker government) signed a resolution proposed by the independent committee to investigate the facts and resolve the problems of the Bang Kloy Karen community from Kaeng Krachan.^[6] The resolution provides two options: if the villagers want to remain in their current location at Bang Kloy Lang, government agencies must support and improve their quality of life through a participatory process. If villagers choose to return to their homeland (Bang Kloy Bon), the Ministry of Natural Resources and Environment must allow them to do so. A committee, composed of village representatives, independent committee members and ministry officials will conduct a study on Indigenous livelihood practices and their environmental impact. If villagers prove their ability to live in harmony with nature, then their rights to land and to live there must be granted to the Karen of Bang Kloy Bon.

On 26 July 2023, the Bang Kloy villagers submitted a letter to the Permanent Secretary of the Ministry of Natural Resources and Environment requesting the establishment of a three-party committee or working group, as per the Prime Minister's order. The Deputy Permanent Secretary acknowledged receipt of the letter but has not made any progress yet.

Chaolay protects Mai Khao beach

The Chaolay Network of Andaman Sea, consisting of three ethnic groups –Moken, Moklan, and Urak Lawoy– strongly opposes a transnational company's construction of hotels in the Mai Khao beach area, Mai Khao Sub-district, Thalang District, Phuket Province. This area is significant to the Chaolay people, who conduct an annual ceremony and gathering there called “Non Haad”, a tradition practised for more than 300 years; in addition, it serves as a nesting area for leatherback turtles.

The company was granted permission for a 30-year long-term lease from the Treasury Department, Ministry of Finance. The company's operation lacks a social and environmental impact assessment and does not align with international human rights and environmental laws such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Convention on Biological Diversity (CBD). Furthermore, it contradicts the 2017 Constitution, Section 70, which emphasizes the State's duty to protect different ethnic groups' right to live according to their traditional culture and customs.

Additionally, the area will be one of 14 to be declared cultural protection zones for the Chaolay, following the resolutions and orders of the sub-committee chaired by the Minister of Natural Resources and Environment. The Chaolay demands are as follows:^[7]

• The Governor of Phuket Province must expedite the review of whether private entities should be allowed to lease land for hotel construction given its impact on natural resources, the environment, leatherback turtle nesting areas, and the Chaolay's traditional gathering activities. The hotel that has rented the space should remove the barbed wire fence posts from the beach, and any action should be delayed until a solution is completed.
• The Ministry of Finance must stop granting permission to the company due to its potential impact on turtle nesting areas and the Chaolay cultural way of life.
• The Ministry of Culture must expedite the announcement of the area as a cultural protected area for the livelihoods of the Chaolay ethnic group.
• The media and society are requested to monitor the matter to prevent the government from leasing the land to the transnational company.

In conclusion, Indigenous communities living in forest and marine areas have not yet received any land rights, despite having lived on their ancestral lands for hundreds of years.

Kittisak Rattanakrajangsri is a Mien from the north of Thailand. He has worked with Indigenous communities and organizations since 1989. He is currently Executive Director of the Indigenous Peoples’ Foundation for Education and Environment (IPF) based in Chiang Mai, Thailand.

This article is part of the 38^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here

Notes and references

^[1] Ten groups are sometimes mentioned, with the Palaung also included in some official documents. The Department of Social Development and Welfare’s 2002 Directory of Ethnic Communities in 20 northern and western provinces also includes the Mlabri and Padong.

^[2] Ministry of Social Development and Human Security. “Master Plan for Ethnic Groups Development in Thailand 2015-2017”, Accessed 15 January 2023. https://readgur.com/doc/2075846/%E0%B9%81%E0%B8%9C%E0%B8%99%E0%B9%81%E0%B8%A1%E0%B9%88%E0%B8%9A%E0%B8%97-%E0%B8%81%E0%B8%B2%E0%B8%A3%E0%B8%9E%E0%B8%B1%E0%B8%92%E0%B8%99%E0%B8%B2%E0%B8%81%E0%B8%A5%E0%B8%B8%E0%B9%88%E0%B8%A1%E0%B8%8A%E0%B8%B2%E0%B8%95%E0%B8%B4%E0%B8%9E%E0%B8%B1%E0%B8%99%E0%B8%98%E0%B8%B8%E0%B9%8C%E0%B9%83%E0%B8%99%E0%B8%9B%E0%B8%A3%E0%B8%B0%E0%B9%80%E0%B8%97%E0%B8%A8%E0%B9%84%E0%B8%97%E0%B8%A2

^[3] Composed of Moken, Moklen and Urak-rawoy.

^[4] Wikipedia. “Thai 2023 general election.” Accessed 15 January 2024. https://en.wikipedia.org/wiki/2023_Thai_general_election

^[5] YouTube. TP Channel. “2^nd Meeting of the House of Representatives (Second Annual Ordinary Session)”,

14 December 2023. https://www.youtube.com/watch?v=EEnYMsGWDjk

^[6] The Active. “After 3 years, Bang Kloi returns to local area”, 21 August 2023. https://theactive.net/read/3-years-save-bangkloi/.

^[7] Facebook. The Reporters, 30 July 2023. https://www.facebook.com/photo.php?fbid=610965691225470&id=100069361344864&set=a.534942252161148

Tags: Land rights, Business and Human Rights , Biodiversity, Cultural Integrity , Conservation