PM: Please implement moves to protect children in far South

Reflecting the impacts of enforcement of security laws on children, the report was submitted to the Committee on the Rights of the Child at the Office of the United Nations in Geneva, Switzerland, on January 24 and 25. Concerning the same event, CrCF welcomed and highly appreciated the production by the Royal Thai Government of a report on the children’s situation and observed the RTG’s intention to uphold and protect the rights of the child and child development in compliance with commitments Thailand has expressed as a state party to the Convention on the Rights of the Child (CRC).

Nevertheless, during the review of the RTG’s report on the children’s situation, an emphasis was delivered on the protection of the rights of the child in violent conflicts, particularly following the observations included in CrCF’s report. According to these observations, the enforcement of the Martial Law Act of 1914 and the Emergency Decree on Government Administration in States of Emergency of 2005 in the southern border provinces since 2004 allows the authorities to hold in custody any child suspect up to 37 days. Without any effective safeguards, detention has led to violations of the physical and psychological integrity of children in the context of the administration of justice.

A lack of such safeguards in the juvenile justice system may breach the child rights protection standards provided by the Juvenile and Family Court and its procedures act, which is applicable countrywide. The 36 documented cases related to children held in custody under the security laws constitute evidence of violations of children’s rights since the enforcement of the Operation for Protection of the South in 2007. Cordoning off, searches and arrests have since been conducted by security officials in communities and households to search for any person, children included, suspected of being involved with the unrest. As a result, the rights and liberties of children and youth, including their personal development, have been made vulnerable. Many of them are woken very early in the morning while the cordoning and searches take place. Some are arrested and held in custody in military barracks, together with adults, for days, weeks or even months. In many instances, their parents are not informed as to where their children are being held in custody and are denied visits. Some have even been threatened with physical abuse. 

CrCF understands the gravity of the problems linked to the insurgency in the southern border provinces and the necessity for law enforcement officials to conduct security-related operations. We are also aware of challenges met by law enforcement officials, at both the policy and local levels, in their operations. Nevertheless, protection of children’s rights in the justice system is not only a duty that state and law enforcement officials have to carry out stringently. Indeed, it can also be considered as an opportunity to resolve the unrest in the area. Such a careful human rights-based approach shall increase trust in the justice process among local people. It 

will enhance mutual trust and draw out support for solutions proposed by the government based on the rule of law to put an end to the chronic resurgence of violence that has lasted for more than eight years.

CrCF would like to suggest the following to the prime minister:

_ Ensure compliance with international law, and most notably the Convention on the Rights of the Child and its optional protocol related to conflict situations, the Convention against Torture, inhuman and degrading treatment and the International Covenant on Civil and Political Rights;

_ Accept recommendations made by the Human Rights Council to the RTG during the Universal Periodic Review, particularly concerning the segregation of juveniles from adults in detention and the review of security laws to ensure their conformity with international human rights standards with regard to alleged juvenile offenders. Also, following the recommendation from the HRC, we support the idea that investigations be carried out promptly to ensure accountability of officials involved in human rights abuses;

_ Implement recommendations suggested by the Committee on the Rights of the Child calling on the state to review the enforcement of its security laws that may violate the principles related to protection of children’s rights, including prohibiting the holding of children in military detention centres and the application of the juvenile justice process for child suspects. Specific procedures and regulations for child suspects should be implemented, particularly for those concerned with arrest and detention under security laws;

_ Implement safeguard measures to ensure children are free from being forced to confess or being physically abused during interrogation and detention;

_ Avoid the cordoning and search, arrest and detention, and interrogation of children under martial law and the emergency decree;

_ Ensure access to a quality education with safety for all children in the conflict areas;

_ Ensure that during the interrogation and detention of child suspects, their access to legal counsel of their choice, psychologists, social workers and public prosecutors must be guaranteed as per Section 40(6) of the 2007 Constitution.

_ Set up an impartial inquiry committee to investigate any violation of children’s rights while being held in custody to prevent impunity of perpetrators and to hold accountable anyone involved with the infliction of cruel or physical abuse against children held in custody. 

CrCF would like to urge the prime minister to ensure that all governmental sectors implement recommendations made by the UN Human Rights Council and the Committee on the Rights of the Child and implement all necessary measures to uphold and improve children’s rights through the administration of justice in the southern border provinces.

Pornpen Khongkachonkiet

Director, Cross Cultural Foundation