THE NATIONAL Human Rights Commission (NHRC) will report to the government after its investigation on Wednesday into alleged human rights violations in the Tak Special Economic Development Zone (SEZ).

Its conclusion was that the main problem in the dispute was the lack of opportunity for public involvement in the issue.

Local authorities told the investigators there was still no clear plan to relieve and compensate people who would be affected by the creation of the special development area at Tambon Tasailurt in Tak’s Mae Sot District.

Such a plan required an order from the central government.

According to National Council for Peace and Order’s order 17/2558, a special development area is one designated within a Special Economic Development Zone (SEZ).

Such an area is intended for industrial, commercial and tourism investment, and can be considered an industrial estate according to the Industrial Estate Authority of Thailand law.

The order 17/2558 also revoked the National Preserved Forest area of 2,182 rai in Tambon Tasailurt to create the special development area for Tak SEZ. This was originally preserved forestland of Mae Lamao Forest, but it was populated and converted to farmland many years ago.

Tuenjai Deetes, the NHRC member on communal rights, said that from the inspection of the proposed site for a special development area, the NHRC found a major concern was that local people did not have a chance to be involved on the decision-making or even being properly informed about the special development area’s creation.

“From what I have seen and heard during the inspection, the major human rights issue here is the people did not have a chance to participate on the creation of the SEZ. Moreover, the local authorities were also unable to choose the appropriate development for the area,” Tuenjai said.

Prayong Doklamyai, the NHRC subcommittee member on communal rights, said the use of special powers under Article 44 of the interim charter to designate a special development area without a public referendum was unjust and violated the locals’ rights.

“It is improper that the state allocates the land for private investors by using the poor people’s land. If they (investors) want to invest in the SEZ, they should purchase the land themselves,” Prayong said.

He said that at least the government should allow the people to consider their fate themselves and the referendum among only 1,000 people to create an SEZ that covered the area of 14 tambons in three districts was wrong.

Another NHRC subcommittee member on communal rights, Hannarong Yaowalers,also said people faced threats from the authorities if they protested to the SEZ.

Tuanchai revealed that after the area inspection, NHRC would write a report on the human rights issue found in the SEZ and come up with suggestions for the government.

However on the local authorities’ side, the Mae Sot District sheriff, who represented Tak provincial governor Tanayot Pankhao, insisted the creation of the Tak SEZ was government policy, operated under legal limits and included public participation.

“To help people affected by the creation of a special development area in Ban Wang Takien, the province has set up a committee to look after the people’s problems,” Tanayot said.

“But for a plan to find another location for the special development area – or compensation for the people losing their land – these issues were up to the government. We are just the practical level officers and unable to make a decision on the policy,”

Sunthon Sribunma, is a villager of Ban Wang Takien. He said more than 10 families’ houses and the plantation land for many people in the village were in the designated special development area. This would cause many to lose their homes and their farms, if the development area was set up.

“We have lived here for generations and were a buffer for the Thai state during the time of insurgency in Myanmar. Why, when the area is developed, must we be evicted? This is just like our land being stolen,” Sunthon complained. He said villagers did not get any clear information from the officials on the development project or compensation policy.

“We do not oppose the development. We already have given some land for the constructing of the second Thai – Myanmar Friendship Bridge and Customs office. We just want the community to be allowed into the decision making process and stop threats to the people,” he said.

The NHRC also visited Ban Wangpa in Mae Ramat District, where there was a plan to create another phase of the special development area on 1,942 rai. However, the official said the plan to build the development in Ban Wangpa was just an alternative choice and as of now the plan had been canceled.