Bangkok Post – Legal protection for ethnic groups

For too long, Thailand’s indigenous peoples and ethnic minorities have faced marginalization, discrimination and neglect. A new bill to protect their rights and culture aims to change that.

It’s disappointing, therefore, to see the bill on the Protection and Promotion of Ethnic Groups’ Way of Life sent back for another review by the House of Representatives on Wednesday after some legislators became concerned that certain legal terms, such as “indigenous people”, might cause divisions in society.

The overwhelming veto against this draft law — 258 against 139 — forewarns problems ahead for this progressive measure.

According to the Sirindhorn Anthropology Centre, Thailand has over 60 ethnic groups that make up about 6 million people, or about 10% of the population. Of all the ethnic groups in Thailand, the Karen, the Mani, the Mlabri and the Moken have suffered from racial discrimination, subject to forced evictions and deprived of basic rights despite being Thai citizens.

Even so, legislators in the government refuse to include the term “indigenous peoples” in the bill. In the parliamentary debate last week, one conservative member of parliament even claimed that giving them state support would be unfair to “Thai” people.

The debate reflects the deep-rooted ethnocentrism in society.

This doesn’t reflect well on the government, and above all, the image of Thailand in the international community.

Countries around the world have started to embrace indigenous peoples and note that their wisdom is essential for combating climate change and promoting sustainable development. By refusing to acknowledge indigenous peoples, Thailand not only falls behind globally but also harms its international reputation and the environment.

This bill aims to protect and promote the way of life and cultural heritage of ethnic groups and indigenous peoples. It defines “ethnic groups” as people who share a common history, identity, language, traditions and way of life.

Under this bill, ethnic and indigenous communities are entitled to constitutional rights and freedoms as citizens as well as legal protection against discrimination, hate speech and unfair treatment — with punitive measures for violators. In other words, the bill aims to ensure that ethnic minorities are not just tolerated but also respected and treated as equals.

At the policy level, a committee led by the prime minister or deputy prime minister will oversee the protection of these communities. The Sirindhorn Anthropology Center will provide academic and administrative support. On the operational side, the committee will have the authority to appoint subcommittees to tackle specific issues related to ethnic rights.

To ensure that ethnic groups’ voices are heard, this bill proposes the formation of the Ethnic Groups Council of Thailand to serve as a platform for ethnic communities to exchange knowledge, promote public understanding and propose policies to the government.

Under the bill, a national database will be formed to document the history and way of life of each ethnic group. This database will supply information to the government so it can be informed when drafting policies that will affect these communities. In the past, politicians in office only rely on information from ministries. The database will also help verify their legal status when in doubt and secure their right to use their land and natural resources.

To protect ethnic communities, the bill allows the committee to designate certain areas as protected zones where they can safeguard the land, local wisdom, culture and natural resources of ethnic groups as long as it promotes the sustainable use of resources.

The bill also introduces penalties for violating the rights of ethnic groups. Discrimination or even inciting hatred can induce up to one year in jail and/or a fine of 20,000 baht. Forced assimilation into other religions or cultures, or attempts to erase indigenous traditions, will result in penalties of up to two years in jail and/or a fine of 200,000 baht.

Of course, the bill raises fears among some officials — especially national park and forestry officials who evict indigenous forest dwellers as they see fit.

Yet the bill is not about organizing ethnic groups. The bill is about creating a fair and inclusive society. Contrary to opposing views, the bill can create real national security and unity, underpinning inclusion and mutual respect — not assimilation.

Krumanit Sangphum, a Pheu Thai MP for Surin who voted against the bill, says the measure still has a future and parliament has a few years to deliberate on the matter. It is hoped parliament will act quickly to pass this bill. It’s not just the right thing to do — it’s a crucial step towards a Thailand where every culture is celebrated and every voice is heard.