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FOCUS ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) December 2010 Vol. 62 Contents Editorial Indigenous Peoples of Thailand This is a short introduction of the indigenous peoples of Thailand and a discussion of their problems. - Network of Indigenous Peoples in Thailand Being Indigenous Page 2 Indigenous Peoples in the Philippines: Continuing Struggle Land is an important part of the survival of the indigenous This is a discussion on the causes of marginalization of the indigenous peoples peoples, be it in Asia, Pacific or elsewhere. Land is not simply in the Philippines, including the role of land necessary for physical existence but for the spiritual, social, laws in facilitating dispossession of land. - Rey Ty and cultural survival of indigenous peoples and the Page 6 continuation of their historical memory. Marriage Brokerage and Human Rights Issues Marginalization, displacement and other forms of oppression This is a presentation on the continuing are experienced by indigenous peoples. Laws and entry of non-Japanese women into Japan with the help of the unregulated marriage development programs displace indigenous peoples from brokerage industry. Suspicion arises on their land. Many indigenous peoples have died because of the industry’s role in human trafficking. - Nobuki Fujimoto them. Discriminatory national security measures as well as Page 10 unwise environmental programs equally displace them. Human Rights Events in the Asia-Pacific Page 14 Modernization lures many young members of indigenous communities to change their indigenous existence; while Announcement traditional wisdom, skills and systems slowly lose their role as English Website Renewed the elders of the indigenous communities quietly die. (See back cover for details) Whether or not the indigenous peoples should adapt to modern ways, or assimilate to the mainstream society is a decision only the indigenous peoples themselves could make. But the continuing pressure from the dominant population, the business entities, and the government may ultimately decide what would become of the indigenous peoples. The loss of the indigenous peoples is the gain of no one. http://www.hurights.or.jp/english/ 1 FOCUS ASIA-PACIFIC DECEMBER 2010 VOLUME 62 Indigenous Peoples of Thailand Network of Indigenous Peoples in Thailand he indigenous peoples of and Mlabri.2 There are however but are physically very different TThailand are commonly several other small groups that (negroid features). Both groups referred to as “hill tribes,” and reside in the North: several so- used to live mainly from sometimes as “ethnic called local Tai groups (Tai Lue, swidden farming, hunting and minorities.” The ten officially Tai Khuen, Tai Yong), Kachin gathering. recognized groups are usually and Shan. called “chao khao” (meaning In south Thailand, along the hill/mountain people or With the drawing of national Thai-Malaysian border, live highlanders). These and other boundaries in Southeast Asia people who across the border in indigenous peoples live in the during the colonial era and in Malaysia are classified as north and northwestern parts of the wake of decolonization, belonging to the negrito group the country, a few other groups many indigenous peoples living of the Orang Asli. They are live in the northeast, while in remote highlands and forests sometimes called Ngo, Ngko, indigenous fisher communities were divided. On the Korat Ngok Pa or Sakai in Thailand. and a small population of plateau of the northeast and Sakai has a negative hunter-gatherers inhabit especially along the border with connotation in Malaysia, but southern Thailand. According to Laos and Cambodia live various not so in Thailand. In some the Department of Social ethnic groups that bear records they are also called Development and Welfare characteristics common with Manni, a generic term for the (2002), the total of the officially others that are considered negrito groups of the Orang Asli recognized “hill-tribe” indigenous peoples in Thailand. in Malaysia. population is 925,82521 and They consist of several Tai Along the coast and the islands they are distributed across speaking groups (Saek, Phuan, twenty provinces in the north Phuthai and Tai song Dam), the of the Andaman Sea, from Malaysia through Thailand and and west of the country. There Mon-Khmer speaking Kui (also are still no figures available for called Kuoy or Suoi) and the So. into the Mergui archipelago of the indigenous groups in the Larger populations of these Burma live the so-called “sea gypsies” or, in Thai, chao le south and northeast. peoples live in the respective countries across the border. In (meaning sea people). In the The indigenous peoples of Chaiyaphum province lives a southern part, between Puket Thailand belong to five linguistic group known as Nyahkur, island and the Malaysian border families: Tai-Kadai (e.g., the Niakkuoll, Niakuolor or Chao live the Urak Lawoi; in northern various Tai groups in the North, Bon and are considered to Puket and into the Mergui the Saek, or Shan, also called speak the old Mon language. Archipelago of Burma live the Thai Yai,), Tibeto-Burman (e.g., Moklen and Moken. the Akha, Karen, Lahu, Lisu), In Trat Province and Chanthaburi Mon-Khmer (e.g., Lua, Khmu, Province of eastern Thailand (as S t e r e o t y p i n g a n d Kui, Mlabri), Hmong-Mien well as the adjacent areas in Discrimination (Hmong, Mien), and Malayo- Cambodia) live the Chong. They Polynesian (Moken). also call themselves Chong- The official term chao khao has Samré in the Trat Province, or been used since the late 1950s, The ten ethnic groups that are Chong la and Chong heap in the earlier called chao pa (forest officially recognized as “hill Chanthaburi Province. people), to refer to non-Thai people” living in the north and minority groups. west of the country are: the The Sa’och of Trat province and Akha, Hmong, H’tin, Karen, neighboring Cambodia speak For the Thais, pa – meaning Khmu, Lahu, Lisu, Lua, Mien the same language as the Chong “forest” – has the connotation of 2 FOCUS ASIA-PACIFIC DECEMBER 2010 VOLUME 62 “wild,” which is generally stated that these groups are as environmental conservation conceived as opposite to much Thais as the other Thai instruments such as the “civilized.” The adoption of the citizens, able to enjoy the International Convention on the term chao khao was part of a fundamental rights, and are Elimination of All Forms of nation-building process in protected by the laws of the Racial Discrimination (CERD), which national identity and Kingdom.3 However, until today International Convention on definition of “Thai-ness” was the indigenous peoples of Civil and Political Rights linked to cultural traits, Thailand continue to suffer from (ICCPR), International particularly Buddhism, Thai the same historical stereotyping Convention on Economic, language and the monarchy. and discrimination like other Social and Cultural Rights With the negative stereotyping indigenous peoples elsewhere (ICESCR), Convention on the of the hill tribes as forest in the world. Elimination of All Forms of destroyers, opium cultivators Discrimination Against Women and communist sympathizers, Underlying many current laws, (CEDAW), Convention on the the social category of the chao policies and programs targeting Rights of the Child (CRC), khao came to be defined as indigenous peoples are the Convention Against Torture and b e i n g “ n o n - T h a i , ” s a m e p r e j u d i c e s a n d Other Cruel, Inhuman or u n d e r d e v e l o p e d a n d widespread misconceptions of Degrading Treatment or environmentally destructive. indigenous peoples that have Punishment (CAT), and the Other terms applied in Thailand been prevalent over the past Convention on Biological are more or less equivalent to decades: indigenous peoples Diversity (CBD). Thailand also terms commonly used in being drug producers and voted to adopt the United English like klum chat tiphan posing a threat to national Nations Declaration on the (ethnic groups) or chon klum s e c u r i t y a n d t o t h e Rights of Indigenous Peoples noy (ethnic minorities). The environment. Although there (UNDRIP) at the United Nations (former) hunter-gatherer groups have been some positive General Assembly. These in the South are still often developments away from this international legal commitments referred to by the derogatory approach in recent years, obligate the Thai Government to term sakai (literally meaning discriminatory attitudes and recognize, respect and protect slave). actions are still prevalent the rights of indigenous peoples among government officials. through laws, policies and These stereotyping and programs. However, the reality discrimination have been Laws and Indigenous Peoples on the ground has hardly reinforced directly and changed. indirectly in the national Thailand has ratified several education curriculum from international human rights and primary to university levels. In opposition to these negative connotations of the official designation chao khao or other commonly used derogatory terms, indigenous organizations and indigenous peoples’ rights advocacy groups began to promote over ten years ago the term chon phao phuen mueang ( ชนเผ่าพื้นเมือง) a s t h e translation of “indigenous peoples.” The government of Thailand has rejected the use of the term “indigenous peoples,” and Representatives of Indigenous Communities in Interactive Dia- logue with Professor James Anaya, UN Special Rapporteur

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