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Dear Hmong brothers & sisters:
Below is the latest on the grave situation. All of the hard work
every Hmong or non-Hmong group or individual has done up to date is
being recognized by the NHGDC and one should feel proud about his or
her role. Your help whether it is made public or behind the scene and
continuing concern for this massive grave desecration tells us that
you are passionate about Hmong cause and would like to find an end to
it. However, there is much work to be done. I concur with some of
you that NHGDC alone cannot finish the job, but as a people we do need
a base to set our objectives. NHGDC is there so we can all come
together collectively.
Annex IX
Thailand: Exhumation of Hmong Graves at Wat Tham Krabok
THA 8/2010
1. In a communication of 17 December 2010, the Special
Rapporteur on the Rights of Indigenous Peoples, James Anaya, called
the attention of the Government of Thailand to information received
relating to the situation of the exhumation of Hmong graves at Wat
Tham Krabok which occurred in 2005. This matter has been the subject
of ongoing communications with the Government of Thailand, as
reflected in the Special Rapporteur’s 2008 and 2009 annual reports to
the Human Rights Council (A/HRC/9/9/Add.1, paras. 473-479; and A/HRC/
12/34/Add.1, paras. 404-429). In the absence of a response to his
communication of 17 December 2010 within 60 days as requested, the
Special Rapporteur sent another letter, dated 16 June 2011, in which
he reiterated his concerns about the situation and again invited the
Government to respond to specific recommendations. Subsequently, by a
note dated 11 July 2011, the Government of Thailand responded to the
Special Rapporteur’s communications. The full texts of the Special
Rapporteur’s communication of 17 December 2010 and the Government’s
response can be accessed from the electronic version of the joint
communications report (A/HRC/18/51), which is available on the web
site of the Human Rights Council.
The Special Rapporteur’s follow-up to earlier communications about the
situation
2. The Special Rapporteur’s letters of 17 December 2010 and 16
June 2010 follow up to earlier communications about the exhumation of
Hmong graves at Wat Tham Krabok in 2005 and resulting grievances of
Hmong relatives of the deceased. As expressed in previous
communications, questions exist about the reasons for the exhumation
of Hmong graves that occurred at Wat Tham Krabok as well as the level
of the involvement of the Government of Thailand in the exhumations.
In addition, ongoing information has been received about the continued
harm felt by the relatives of the deceased and the absence of any
action by the Government to remedy that harm.
3. According to information received, Hmong groups have
repeatedly sent delegations to dialogue with Government officials in
order to achieve a resolution of the pending issues concerning the
return of exhumed bodies. The relatives of the deceased Hmong and
members of the Hmong communities worldwide have made specific requests
to the Government of Thailand and Thai foundations in possession of
the remains of the exhumed bodies for what they would consider to be
an acceptable solution to their grievances.
These requests include that:
• The three Thai foundations (Phothi Phavan Songkhao, Buddha
Dahma and Wat Thamkrabok) return three petrified bodies they are
holding to the relatives of the deceased without cost;
• The three Thai foundations return the 691 bodies that were
confirmed by the Thai Ministry of the Interior to have been exhumed,
at no cost. This figure includes 211 bodies currently in Huilin
Cemetery and another 480 bodies that were originally falsely reported
to have been cremated;
• The Government of Thailand and the authorities of Wat Tham
Krabok allow the reburial of the 691 exhumed bodies at the original
temple site at no cost; and
• The Government of Thailand establishes a memorial park and a
monument at Wat Tham Krabok to commemorate the Hmong buried there.
4. In his letters of 17 December 2010 and 16 June 2011 the
Special Rapporteur referred to these requests and urged the Government
to give them special consideration, within a process of dialogue with
Hmong representatives aimed at resolving this situation.
Response of the Government of Thailand
5. In its response to the latest communications of the Special
Rapporteur regarding the exhumation of Hmong graves in Wat Tham
Krabok, the Government stated that, in principle, Thailand does not
have any indigenous people. The Government went on to state, however,
that given the importance Thailand attaches to cooperation with the
special procedures of the Human Rights Council, it appreciates the
ongoing efforts of the Special Rapporteur to enegage with the Royal
Thai Government and his willingness to help in the resolution of the
matter.
6. The Government stated that the facts and position of the
Royal Thai Government have been explained in its previous Note No.
21010/497 dated 9 July 2008 and Note No. 52101/884 dated 17 December
2008. Summaries of these letters can be found in the Special
Rapporteur’s previous reports to the Human Rights Council on cases
examined (A/HRC/9/9/Add.1, paras. 475-478; and A/HRC/12/34.Add.1,
paras. 406, 407, 409). In its letter of 11 July 2011 the Government
reiterated points it had made on those previous letters, specifically
that:
• Laotian Hmongs had migrated from Lao People’s Democratic
Republic to Thailand only from 2003 and thus could not be considered
as indigenous people. They were allowed to take refuge in Wat Tham
Krabok, a Buddhist Monastery in Saraburi Province, only for
humanitarian reasons.
• Under Thai law, the management of Buddhist monasteries is
under the authority of an abbot. The Hmong buried their deceased
relatives on the monastery grounds without any permission from the
abbot or the administrative committee of Wat Tham Krabok.
• When the monastery decided to convert parts of its land into
a place for various religious facilities, the relatives of those Hmong
buried at Wat Tham Krabok were informed in advance of the necessity to
relocate he graves from the monastery grounds. Some Hmong came to
reclaim their relatives’ bodies for relocation. Additionally,
representatives of the Hmong community had given their consent to the
monastery to proceed with the relocation.
• Consequently, unclaimed bodies were exhumed and provided
with a public cremation ceremony with full respect of the deceased as
well as consideration for their families. In accordance with Buddhist
practices, this mass grave exhumation and cremation ceremony were
accompanied by rituals to honor the deceased.
7. The Government further stated that, although there was no
official involvement in the exhumation of Hmong graves in Wat Tham
Krabok, in July 2008, the National Hmong Grave Desecration Committee
(NHGDC) from the United States had a meeting with the government
authority of Saraburi Province and later in August 2009,
representatives of the NHGDC revisited Thailand to meet with Hmong
peoples residing in various areas. The Government expressed its hope
that these dialogues would serve to address the concerns expressed by
the Hmong families.
Observations of the Special Rapporteur
8. The Special Rapporteur is grateful for the response
provided by the Government of Thailand to previous communications.
Notwithstanding the assertions by the Government that no indigenous
peoples exist in Thailand and previous assertions by the Government
that the Hmong that were present at Wat Tham Krabok were originally
refugees from Laos, the Special Rapporteur notes the longstanding
presence of Hmong people throughout southeast Asia, including
Thailand, and observes that in many respects the Hmong share
characteristics similar to indigenous peoples worldwide, including
their maintenance of cultural and religious traditions that are
distinct from those of the majority. Therefore, the concerns expressed
by members of the affected Hmong people are of relevance to the
Special Rapporteur’s mandate and fall within the ambit of concern of
the principles contained in international instruments such as the
United Nations Declaration on the Rights of Indigenous Peoples.
9. The Special Rapporteur would like to reiterate his
recommendation that the Government of Thailand engage in a dialogue
with the affected Hmong in order to resolve the situation, and takes
note of the Government’s information that it has held meetings with
the National Hmong Grave Desecration towards this end. He again urges
the Government to consider the proposals set out by the Hmong people,
mindful of their cultural and spiritual views regarding their deceased
with the view to restore a positive relationship with the Hmong. The
Special Rapporteur will continue to monitor this situation as
appropriate.