Can Thailand ever break the culture of impunity?

Human Rights Day today is an occasion to take stock of Thailand’s human rights record throughout the year, which has included periods with Democrat-led and now Pheu Thai-led governments. Today is also Constitution Day, which should give further pause for reflection on recent political events. 

The change of government in August, with Prime Minister Yingluck Shinawatra taking office, has ushered in a different style of governance and a different leadership ethos. Her predecessor, former prime minister Abhisit Vejjajiva, set forth a clear policy to break the culture of impunity concerning human rights violations in various parts of Thailand, especially the southern provinces, where the Malay-Muslim insurgency has been going on since 2004. Obviously, he did not succeed overall, but he raised a higher standard of respect for human rights and protection inside the country. 

One of Abhisit’s achievements was the report on the human rights situation in Thailand that was presented in Geneva in early October as part of the country’s periodic reviews. Indeed, the report was the culmination of efforts by all stakeholders including officials and representatives of the various civil society organisations. The consultations for the report were intense and the outcome was a comprehensive and balanced assessment of the country’s human rights record and current situation. The report received praise from the international community including United Nations agencies. Unfortunately, the current government did not pay much attention to the presentation, as it did not send any senior official to the hearing.

Towards the end of his two and half years in power, Abhisit tried hard to deal with the outcome of the April/May 2010 political turmoil – which resulted in 91 deaths – in the most transparent way possible. But the process was time consuming and has finally taken a new turn with the change of government. Now, Yingluck has to deal with this unfinished business, in which her party views itself as the innocent victim. 

So far, she has not paid any attention to the issue. The floods in the central region, Bangkok and its outlying areas over the past few months have occupied her government’s daily function and have temporarily diverted public attention away from the government’s lack of clear direction on human rights. 

However, now that the floods are receding, the government is showing its true colours by attempting to gain a pardon for fugitive ex-prime minister Thaksin Shinawatra, the prime minister’s brother. This effort includes trying to bring out and promote the Pheu Thai Party’s own version of transitional justice, without much consideration of the whole juridical process. Deputy Prime Minister Chalerm Yoobamrung epitomises the hypocrisy of the government and its audacity in trying to ride roughshod over the legal process.

Thailand is an open society and the media is free to report issues of impunity. Certain media outlets are doing better than others in exposing rights violations, and this is due to the level of competency of the journalists involved. 

Sad but true, what this government has pledged in words and has actually implemented on the ground are two different things. The gap has given a very negative impression of Thailand’s human rights record and its deep-rooted culture of impunity. 

As a member of the United Nations and as a supposedly democratic country, Thailand has to meet all of its commitments to the international bill of rights without fail. The government, which won the last election by a landslide, has a duty to make sure that the country lives up to universal standards without any pretence. If it does not do so, it will be difficult for Thailand to emerge from this vicious cycle of corruption, rights abuses and impunity for the perpetrators.