A battle over words derails ethnic recognition in Thailand

Minority Rights

Thailand’s ethnic rights law hits roadblock over terminology

Thailand’s first ethnic rights bill has been sent back for revision after the lower house disagreed on using the term ‘indigenous people’, citing a threat to national security.

By
Nicha Wachpanich

Published 27 September 2024
4 min read

Bangkok – During a lower house meeting on September 25, several Thai MPs donned colourful tribal outfits over their usual blazers for the second reading of the country’s first ethnic rights bill. The draft, aimed at providing legal protection for indigenous communities, was sent back for revision.

“It’s disheartening. The parliament has rejected [our hope], rather than swiftly passing the bill to create a new vision for Thai society – one where indigenous people are accepted,” said Kriangkrai Cheechuang, Karen-Pow ethnic man from the western province of Ratchaburi bordering Myanmar, and president of Council of Indigenous People in Thailand (CIPT).

Thailand is home to more than sixty ethnic groups, comprising six million people or nearly ten percent of the population, according to data by the Ministry of Social Development and Human Security in 2002. This figure, now more than 20 years old, remains the most recent official estimate available.

Indigenous people face several challenges, from citizenship issues to land and resources conflicts and erosion of their culture. The past decade has seen consistent efforts to advance their legal protection, culminating in this bill to protect and promote ethnic groups’ way of life

The bill outlines six key objectives; ensuring non-discrimination principles with penalties, creating an ethnicity database, designating cultural heritage protection zones, and establishing an ethnic people’s council to ensure their participation in relevant policy-making.

A vote on the term ‘indigenous’

The parliamentary debate lasted nearly four hours, focusing on whether to include the word ‘indigenous people’ – a phrase that connotes stewardship of land and natural resources while affirming minority status in socio-economic power. The house ultimately voted against keeping the term, with 258 opposing and 139 in favour.

“Our political party opposes the term because we prioritise national security,” said Akaradech Wongpitakroach, PM from the conservative party United Thai Nation Party in the coalition government. “All ethnic groups are [considered] Thai, but with plural cultures.”

Seven MPs from the United Thai Nation Party and the leading Pheu Thai Party argued that the term, originally referring to those oppressed by colonisation, does not suit Thailand’s context. They claimed it risks segregating the country and providing privileges to certain groups.

“I am Thai, with Chinese ethnicity. When you say they are either Karen, Lao or others, those are their ethnicities. Nobody wants to be an indigenous people,” Akaradech said.

The Karen man Kriangkrai does not see the same way. He, alongside many human rights advocates and MPs, believes that specific recognition would neither threaten national security nor provide undue privilege, but rather address issues faced by vulnerable communities..

Thailand signed the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, but the country’s leaders have reportedly opposed the term, including the former minister of natural resources, who now heads the Ministry of Social Development and Human Security.

Political Manoeuvring?

The current draft combines five earlier proposals, using the framework from the state’s version developed by Princess Maha Chakri Sirindhorn Anthropology Centre. Despite initial consensus, the parliamentary reading was deferred by politicians from the Pheu Thai Party.

Piyarat Tiyapairat, Pheu Thai MP from Chiang Rai and committee chairwoman, told HaRDstories, “I didn’t expect any issues with the reading. But it has been a good opportunity for us to hear different opinions. We can’t deny the fact that we live in the same society.”

Kriangkrai views the process as political manoeuvring, similar to other human rights bills like the recently celebrated Equal Marriage bill,which boosted the Thai government’s reputation both nationally and internationally.

“I think the bill has become a tool for political games,” he said, “allowing some parties to gain reputation as heroes by saving it later.”

Despite this, he acknowledges the struggle for legal protection for his communities is not easy. He and other other drafting House committees will revise the draft, hoping to resubmit it for reading in October.